Wellfleet Planning Board
Minutes of Meeting of December 17, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Alfred Pickard, Ben Gitlow; Rex Peterson, Assistant Town Administrator
Excused: Gerald Parent, Mark Berry
Chair O'Connell convened the meeting at 7:07 p.m.
Pre-application Conference--Application for Special Permit for Town of Wellfleet Communications Antennas and Towers: Assessor's Map #8, Lot #131 and Map #13, Lot #146. This request for approval to install a 33' antenna and tower at Cole's Neck Water Pump Station off Gristmill Way (Map 8, Lot 131) and a 38' antenna and tower at the Department of Public Works facility on West Main Street (Map 13, Lot 146) was presented by Nick Nikolaou of Environmental Partners Group and Francis Neylon of Industrial Technical Services. The communication antennas will allow for remote monitoring of the water distribution system, utilizing a Supervisory Control and Data Acquisition (SCADA) system. Nikolaou explained that it was essential that the antennae extend above the surrounding terrain to communicate with each
other and the other antenna location of the Tank Vault at the intersection of Whitetail Lane and Pheasant Run; the heights of 38' and 33' represent the minimal heights which can be used. He added that application would be made to the FCC for the radio lines needed.
Mr. Neylon answered Ben Gitlow's question on the reason for not using land lines by noting that land lines (1) are very unreliable, that the telephone company removes them when they need a line, and (2) cannot get the data rates needed. Radio lines, he added, are more robust and secure, and the town, rather than the phone company, will own all the equipment. He noted that cell phones need third parties and are less reliable.
It was determined that the cost of the project was within the $1.4 million allotted for the water project.
To Lisa Brown's questions concerning the towers' heights and use of radio waves, Neylon stated that the towers will be practically invisible when in place and that they will use UHF radio waves, not microwaves.
Alfred Pickard asked why the DPW tower had not been located behind the building where it would not show from the road; Neylon replied that they wished to stay under 100' of feed line in order to connect to the cables.
The Chair proposed, since the petitioners wished this meeting to be a pre-application consultation, that the Board move through the Section 6.18.2.13 of the Zoning Bylaw to determine if the explanations supplied in the application satisfied the bylaw requirements.
6.18.2.13.A--Site Survey. The Chair moved that requirements of Section 6.18.2.13.A had been satisfied, given the needs of the town. Gitlow seconded; the motion carried, 4-0.
6.18.2.13.B--Pre-Existing Structures. The Chair moved that the requirement to survey pre-existing structures be waived; Pickard seconded. Since following discussion disclosed that the engineers had determined that the DPW building roof could not handle another antenna and that a new, free-standing structure was preferable from a safety standpoint, the Chair withdrew his motion and Pickard his second. Lisa Brown moved that the application complied with 6.18.2.13.B; the Chair seconded. The motion carried, 4-0.
6.18.2.13.C--Radiation Patterns. Lisa Brown moved and Alfred Pickard seconded that the application satisfied this section of the bylaw. The motion carried, 4-0.
6.18.2.13.D--Sound Levels Calculated in Decibels. Discussion covered several points: Ben Gitlow noted that the issue of the noise from wind impinging on a structure involves a difficult calculation and has never been properly answered; Mr. Neylon stated that he did not anticipate noise level from tubular structures with no rough edges; Gitlow pointed out that the Truro tower generates noise when the wind passes over the structure; Lisa Brown cited the fact that the sound of the wind against the tower at the high school cannot be measured because of the wind sounds in the trees all around; Neylon noted that he has found no native resonant frequency that will turn the tower into a "tuning fork" and pointed out that the Truro tower is a rough, not rounded, structure; Gitlow commented that he
would like either to see the calculations or to change the requirement; the Chair explained the sound level requirement that the bylaw asks; Neylon stated that he would go back to the manufacturer for data. Ben Gitlow moved and the Chair seconded that the Board recommend to the applicants that they address the sound level issue of 6.18.2.13.D in the formal application hearing. The motion carried, 4-0.
6.18.2.13.E--Areas of Service. Discussion covered Gitlow's description of the possible scope of the water project, with the Chair remarking that the area to be served in this case related to the radio facilities rather than the water. To Lisa Brown's question of whether another tower would have to be erected for an expanded water system, the engineers answered no, that the whole town could be served in future expansion. The Chair moved that all areas would be served and the requirement of 6.18.2.13.E had been met; Gitlow seconded; the motion passed, 4-0.
6.18.2.13.F--Statement of Services. The Chair moved that the submission satisfied this section of the bylaw; Gitlow seconded; the motion passed, 4-0.
6.18.2.13.G--Special Design Features. The Chair moved that the submission satisfied this section of the bylaw; Alfred Pickard seconded; the motion passed, 4-0.
6.18.2.13.H--Federal and State Certification. Neylon stated that the FCC license, for which application has been submitted, is expected within the next 4 weeks. The Chair moved and Lisa Brown seconded that the applicants address this requirement in the formal application hearing; motion carried, 4-0.
6.18.2.13.I--Balloon Test. Alfred Pickard moved to waive the balloon test; Ben Gitlow seconded; the motion carried, 4-0.
Rex Peterson requested, because of time constraints, that the Board waive the requirement of 30 days to the Public Hearing so that the hearing might be scheduled for January 7 and necessary legal advertising done. Alfred Pickard requested that the Board receive a plot plan showing setbacks along with the formal application. Pickard moved that the Board waive the 30-day requirement so that abutters might be notified in a timely fashion; Brown seconded; the motion carried, 4-0. The Chair moved that the pre-application consultation had been successfully completed; Brown seconded; the motion carried, 4-0.
SD #99-03; Caruso-d'Amico, Off Old King's Highway, Assessor's Map #23, Lots #87-88, Request for Partial Release of Covenant. Chet Lay of Slade Associates represented this request, asking that 3 (Lots #1, 2 & 6 on the plan) of the 6 lots be released from covenant. He distributed the subdivision plan and a list of "Left to Do" items (4 of the 6 items will be completed by the end of next week). Lay noted that a Homeowners' Association Agreement for the subdivision will be drawn up next week and he will send a copy to the Planning Board. To the Chair's question of whether the agreement could be changed by the Board, Rex Peterson noted that the lawyer is using the model plan used for the Perch Pond development, previously approved by the Board. Lay explained that since the
property is before Land Court at present and will not be out before closing dates for the lots, the Mylar plan that he was requesting the Board to sign and the Homeowners' Agreement would be placed on record in the unregistered side of the Registry of Deeds. The Chair moved that the Planning Board approve partial release of 3 lots from covenant for SD #99-03; Lisa Brown seconded. Alfred Pickard asked if the Board had requested "as built" plans on the subdivision; Chet Lay, explaining that it had not, replied that he would like to see "as built" plans instituted as a Planning Board regulation. The Chair called the vote; the motion carried, 4-0. The Board then signed the Mylar plan and Release from Covenant for 3 lots.
Advisory Opinion on property of Anna Finzi, Meadowview, Assessor's Map #8, Lot #170. Chet Lay distributed a plan of land and locus plan for the above property and requested an advisory opinion on a modification plan under Chapter 41, Section 81W. [Alfred Pickard disclosed that the Finzis are boating customers.] Lay explained that the lot, containing more than adequate acreage, needed frontage, which could be gotten from an 81W modification. The owners were requesting the allowance of a cul-de-sac and a waiver of construction of same; Lay noted the problem of steep driveway access. He requested a consensus of opinion from the Board, which saw no problem with waiving cul-de-sac construction.
Planning Board-ZBA Joint Meetings. Chair O'Connell reported back to the Board on joint meetings (O'Connell, Gitlow and Parent from Planning Board and Rose and Watts from ZBA, along with staff members Rex Peterson and Richard Asmann) held for discussion of suggestions for by-law revisions already compiled by Peterson from discussion during earlier Planning Board meetings (see minutes of 10/15 and 11/5). The Chair noted that Harrison Gruman and Lauren McKean from the Seashore Park also attended the joint meeting of 12/16. He noted the items given high priority; some discussion points are noted below:
Definitions--Setbacks. Issues of rear lot lines and accessory structures; perhaps affordable accessory dwellings, etc. (larger scale) should not be located at the 10' line, e.g., conversion of a garage creating a living space right on lot line might be detrimental; Building Inspector's comment that accessory dwelling was not considered when accessory buildings were allowed 10' off lot line; Peterson's statement that a square footage trigger could be a special permit mechanism; Ben Gitlow's request for a draft amendment to consider, which Rex Peterson will put together
Lot Frontage. Access not necessarily over frontage; lot frontage on curved streets
Regulations for "Home Occupation" and "Service Trade". To be moved out of Definitions to another section
Development in Cape Cod National Seashore. Agreement at both meetings that Site Plan Review was necessary for Special Permit; question of who would conduct Site Plan Review and whether it could be applied to the whole town, not just the Seashore Park (to avoid spot zoning); discussion of Ben Gitlow's compilation of notes of assessor's records for properties in the Park with attention to the implications of building in the Park; Gitlow's comment that few vacant lots exist in private ownership in the Park
Flood Plain By-Law. A priority item which Rex Peterson will work on
Title 5 and Regulation Growth. The Chair stated that the ZBA felt that this area would be important to the Area to be Served (ATBS) for the new water system and would like some regulation in place; discussion covered growth control (referencing Provincetown's "no growth" system), Wellfleet's ability to study other towns' systems for their effectiveness, the contention that this area is primarily a Board of Health issue, and the fact that no position can be taken on this issue until the town decides on the kind of water and (perhaps) wastewater system it will use.
Property Tax Exemption.
Zoning Map Update. Rex Peterson and Gary Fromm (CCC) have contructed a draft of the zoning map which looks at the central district commercial zones and how they interface with residential zones. The Board examined the map, commending it and requesting a blow-up of the Central District portion.
Wellhead Protection District. The Chair reported that the combined group was comfortable with the concept. Ben Gitlow stated that a productive wellsite found under the old Camp Wellfleet runway needed a wellhead protection district; he added that the Seashore afforded protective regulations to the wellhead area. Alfred Pickard noted that no access to the area exists and asked if it were within Planning Board purview to provide access.
The Chair concluded the discussion, stating that Rex Peterson would work on certain segments of the bylaw revisions.
Minutes of November 19, 2003. The Chair moved and Gitlow seconded approval of the 11/19 minutes; the motion carried, 3-0-1 (Brown abstaining).
Other Business. The Chair announced that he would not be present for the 1/7/04 meeting; Lisa Brown will act as Chair.
Mail. The Chair reviewed the mail:
12/3/03 memo from Rex Peterson regarding ConsCom's request to subdivide the Sandpit on High Toss Road and place the wetland portion of the lot under conservation restriction. [Chair O'Connell disclosed that he is a member of the Conservation Trust, which is paying for the survey of the Sandpit.] According to the newly adopted Disposition Policy for Town-Owned Land, the Planning Board must respond to this request; members will be sent a copy of the memo and attached materials for discussion at the 1/7/04 meeting.
12/4/03 memo from Douglas Franklin of the NRAB requesting the Planning Board's response on Chapter VII of the Harbor Management Plan; a copy of Chapter VII will be sent to Board members for discussion at the 1/7/04 meeting.
Annual Report. The Chair moved that the draft copy of the Annual Report of the Planning Board (previously prepared by Rex Peterson and sent out to members) be submitted "as written" for publication in the Wellfleet Annual Report; Ben Gitlow seconded; the motion carried, 4-0.
Lisa Brown moved that the meeting adjourn; Alfred Pickard seconded the motion; the meeting closed at 9:30 p.m.
Respectfully submitted,
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Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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