Wellfleet Planning Board
Minutes of Meeting of March 3, 2004
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Mark Berry, Gerald Parent, Alfred
Pickard, Ben Gitlow, Harriet Miller
Excused: Lisa Brown, Rex Peterson, Assistant Town Administrator
Chair O'Connell called the meeting to order at 7:04 p.m.
SD #04-02; Anna M. Finzi, 140 Meadow Way, Assessor's Map #8, Lot #170, 1 lot proposed. [Gerald Parent recused himself from this discussion and left the table.] Richard Lay of Slade Associates and Atty. Arthur Croce presented this 81W proposal with a plan calling for the creation of a way, a short cul-de-sac to Meadow Way, for the purpose of increasing frontage on the parcel (#25 on the plan). Several abutters also attended the hearing. Lay stated that utilities are on the lot and monuments are set; they are requesting a waiver of construction for the road, planning only a driveway access. The Chair noted that Board members had conducted a site visit on the previous day.
Ben Gitlow commented that Lots 1, 8 and 12 might also be short of frontage and that he has a concern with using waivers of constructed roads to generate frontage; he would be happy with variable frontage if there were adequate frontage for the total of the development lots. Lay replied that many of the lots had already been built upon; the development had been approved by the Planning Board in 1974, at which time 100' was allowable frontage. Gitlow inquired about whether the lot had been grandfathered.
Atty. Croce stated that the Building Inspector had taken the position that the Finzi lot was no longer grandfathered since it had not been built upon during the "freeze period." He noted that sometimes frontage for such lots was acquired by a "bow in the road" but that Town Counsel preferred the use of a cul-de-sac.
The Chair felt that the lot must have been in common ownership before the regulations changed. Alfred Pickard inquired as to the existence of a letter denying buildability; Croce read aloud a letter from the Building Inspector which explained that this lot with 100' frontage at 140 Meadow Way became a non-conforming lot after the 4-15-75 change in regulations but could still have been built upon until 7-15-81. The Chair, examining the deed, determined that Finzi had bought the lot in 1977.
Ben Gitlow alluded to an unsuccessful attempt by Planning Board to afford protection to lots in this situation by amending the zoning by-law. He moved to approve the plan for Subdivision #04-02 along with a waiver of construction of the cul-de-sac; Mark Berry seconded.
The Chair stated that he was comfortable with the carve-out and that the acreage was sufficient for building.
From the audience, an abutter questioned the possible disruption of the immediate neighborhood caused by constructing the cul-de-sac; Lay explained that the request for waiver of construction was intended to eliminate construction problems by allowing the plan to call for a single drive way. He noted that subdivision control regulations, without such a waiver, would require a cut-down of the bank. He assured Bill Walker, another abutter, that the driveway would be placed away from the wetlands and that it meets zoning setbacks.
Alfred Pickard inquired about Lot #26 (the proposed cul-de-sac) on the plan; Lay explained that Land Court now requires lot numbers for all ways but that there would not be a lot number for the way placed on the assessor's atlas.
Ben Gitlow asked if anyone had explored the idea of a swap of land to gain frontage; Croce explained that the abutting lots contained houses.
The Chair called for a vote on the motion; the motion carried, 5-0.
Signing of SD #03-03, Harvey L. Geiger, and #03-05, Lewis and Jill Landsberg. (See minutes of 2-4-04.) The appeal period having passed, the Board signed the plans for the above-noted subdivisions and a covenant along with the Geiger plan. [Gerry Parent continued to recuse himself on the Geiger signing; the Chair disclosed that he had been unable to recuse himself from the Geiger decision because of the Rule of Necessity.]
Conversation with Members of the 335 Main Street Committee. Anne White, Chair of the 335 Main Street Committee, accompanied by Clarence Smith, Moe Barocas, and Larry Peters, joined the Board for discussion. White stated that her Committee, feeling that it would be premature to come to a final decision on 335 Main at this time, has decided to propose a preliminary use for the property-- the creation of a park in the area that once housed the Penny Patch stores plus an area in the rear of the church property. They plan to terrace the property that drops off to the left (a sketch of the plan for this sloped area was passed around the table), paying for all the work through their own fund-raising efforts and not requesting any money from the Town.
Clarence Smith, stated that the Committee did not want an eyesore existing there until the final decision on the property had been made; he hoped that the Planning Board, as the most-closely-allied board, would be willing to meet with the 335 Main Committee in the future but felt that the committee would probably not have anything ready to present until the next Town Meeting.
Ben Gitlow inquired whether the park might interfere with possible waste-water disposal; White replied that this might perhaps be so, which is the reason the committee did not want to ask the Town for money for something that might have to be dismantled.
Smith noted that the committee could create improvements to the property under the auspices of the Parks Department rather than going to Town Meeting; Gerry Parent advised that because of town ownership of the property, it would probably be better not to use the Parks Department.
Ben Gitlow moved and Mark Berry seconded that Planning Board send a letter to the Board of Selectmen supporting the concept proposed by the 335 Main Street Committee to establish a park in portions of Lots 173 and 174 adjacent to the church with the understanding that this park may have to be altered at a later date.
Moe Barocas stated that one of the possibilities for the property, in conjunction with an attempt to keep the Cape Cod 5 bank in town, would be the use of some of the land for a drive-through, perhaps using the space now occupied by the rectory. [Gerry Parent recused himself from discussion of the rectory use.] Smith added that this would combine curb cuts, perhaps moving the bank's curb cut.
Mark Berry suggested that the park be planned with features for use by children.
Moe Barocas wondered if the Planning Board's zoning amendments would allow building in the church space. Parent [returning to the discussion] pointed out that, even with zero setbacks, the area is almost unbuildable since the wetlands are conservation land. He added that tearing down even part of the building without building under the same permit might place the land out of buildability.
Discussion of the state of the property elicited information that the plumbing has been drained and shut down, anti-freeze has been placed in the heating system, and the Town Administrator is getting someone to inspect and advise on the condition of the roof.
Problems noted were that possible uses of the building might drastically compound the problems of the water (use by 25+ people constitutes a public water supply), that a vacant building requires the expense of liability insurance, and that maintenance is necessary.
The motion was reread and voted upon, passing 6-0.
Moe Barocas stated that the two types of building use people have suggested for the church property are (1) for civic purposes (art, drama, etc.) and (2) to bring services back into town. Parent, speaking of a suggestion for housing the Historical Society there, noted that he would not want to see finances be a stumbling block for such an enterprise; Anne White noted that Helen Purcell felt the space was too small. Clarence Smith ended the discussion by stating that when the 335 Main Committee had gathered more information, they would ask to be invited back to Planning Board.
Preparation for March 17 Public Hearing on Proposed Amendments to the Zoning Bylaw. The Board conducted a brief discussion session on the proposed zoning changes and possible public reaction; among items for discussion:
service trades in the seashore
question as to what happens to an affordable housing unit if it does not continue as affordable; answer that it must stop being a dwelling
question as to how close two buildings (allowed by affordable dwelling bylaw) on the same lot can be; comment that lot areas, setbacks, and septic systems may drive such buildings closer
further comment such buildings may be allowed to be closer by the bylaw proposal relating to auxiliary building placement
Minutes of February 4, 2004. The Chair moved to approve the 2-4-04 minutes as amended; Pickard seconded; the motion carried, 4-0-2 (Berry, Parent abstained).
Mail. The Chair reviewed the mail, including:
A notice of Public Meetings from the Water Issues Advisory Committee: Thursday, March 18 at 7:00 p.m. and Saturday, March 20 at 10 a.m. for the purpose of offering the perspective and recommendations of the committee on issues related to the water system.
Agenda of Zoning Board of Appeals for 3-11-04, including a hearing on a request from Jonathan and Nancy Porteus for a Special Permit for an affordable accessory housing unit.
Email from Rex Peterson (2-29-04) regarding Town Counsel Betsy Lane's comments on proposed changes in boundaries of the Central District; the Chair commented that Ms. Lane brings up some interesting points which should be covered in the upcoming Public Hearing discussion.
Zoning Maps. The Board examined 3 new maps prepared by the Cape Cod Commission showing the zoning boundaries for the central district (current and proposed) and the proposed increase in the wellhead protection district.
The Chair moved and Mark Berry seconded adjournment; the meeting was unanimously closed at 8:45 p.m.
Respectfully submitted,
______________________________ ____________________________
Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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