Wellfleet Planning Board
Minutes of Meeting of April 21, 2004
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Mark Berry, Gerald Parent, Alfred Pickard, Ben Gitlow, Harriet Miller
Chair O'Connell called the meeting to order at 7:00 p.m.
Release from covenant of Lots 3, 4, & 5, SD #00-03, Caruso-D'Amico, Delphi Path, Assessor's Map #23, Lot #s 87 & 88. Richard Lay of Slade Associates presented a proposal from the developer, Ms. D'Amico, to post $7500 in an escrow account with the town to insure completion of work required by Wellfleet Subdivision Regulations before final release of covenant. Lay stated that contractor John Rice was prepared to do the work, which consists of installation of shrubs along the split rail fence, installation of loam along the berm, in areas of winter erosion and along tracks caused by heavy equipment, and re-seeding of loamed areas. He pointed out that the money posted would not cover damages caused to the berms by trucks of contractors of houses under construction. Discussion ensued:
The Chair noted that the Board has in the past asked three times the amount of the estimate for such work, which in this case would be $22,500.
Alfred Pickard stated that each time the Board has agreed to the placement of money in escrow to guarantee work, it has had to revisit the subdivision three or four times and has found results to be unsatisfactory. Gerry Parent explained that the Board does not have the choice to refuse the offer of a cash bond in escrow, one of three choices open to the applicant, who will receive the money back at successful completion of the work.
Pickard asked the time frame for the work; Ms. D'Amico replied that it would be done by the beginning of May.
Mark Berry suggested moving approval of a bond of three times the $7500 estimate. Lay, in return, suggested that Lot 3 remain under covenant until completion of the work and that Lots 4 and 5 be released. Pickard moved that Lot 3 remain under covenant and Lots 4 and 5 be released; Berry seconded; the motion carried, 6-0.
Lay stated that he would send the Covenant to the Secretary's Office in Town Hall to be signed by the Board members.
ANR #04-03; Thomas L. and Michele M. Wolfson, 130 Lt. Island Road, Assessor's Map #42, Lot #48, 2 lots proposed. Chair O'Connell recused himself from discussion because of his affiliation with Wellfleet Conservation Trust, which has an interest in the property; Ben Gitlow recused himself because the property owners are personal friends; both members left the table. Mark Berry chaired the meeting for this subject. Richard Lay, representing the owners, explained the proposal to create 2 lots out of the 7 acres of land, which would now be "maxed out" for subdivision. Lot 4 and Lot 5 of the plan will each contain an already existing dwelling, and Wellfleet Conservation Trust holds a conservation restriction on parts of each of these lots. Lt. Island Road provides frontage for both
lots; ample access is provided to the homes. Pedestrian easements to the Audubon property exist across the throat of Lot 4 and the easterly side of Lot 4.
Gerry Parent moved and Alfred Pickard seconded to deem the Wolfson plan an ANR; the motion carried, 4-0. The Board signed the mylar copy of the plan.
Discussion of Escrows of $1500 on SD #01-02; Dow Drive, L. D. Baker Estates and $1200 on 1987 SD (Estate of Bernice Wiley), Bluefish Lane.
The Chair noted that on Bluefish Lane the grass has grown in along the sides but there is nothing growing in the circle; he asked if the Board was satisfied to return the money to the owners. After discussion, Chair O'Connell moved and Parent seconded to return $1200 held in escrow on Bluefish Lane; the motion carried, 5-0-1 (Gitlow).
After some discussion of Dow Drive, Gerry Parent moved that the Board write a letter to Atty. Arthur Croce, Trustee of Baker Estates, asking that loaming and seeding of the cul de sac and of all other necessary areas, especially at the front entrance, and the clean-up of sand from the road be completed by the first Planning Board meeting in May (May 5). If this work is not done, the Board will spend the necessary money from the bond to do it and will remit the balance to him. Alfred Pickard seconded; the motion carried.
A general discussion ensued of how to insure the successful completion of the Planning Board requirements described in Section IV of the Subdivision Regulations. Suggestions were made of holding back escrow money in a minimum amount (e.g., $20,000) and of adding the administrative costs to the town to the bond as incentives to get the work done. Parent noted that Mass General Law should be consulted before any such action was taken.
Town Meeting Plan. The Chair announced the pre-Town Meeting to be held on April 22 by the Wellfleet Forum. He noted that he planned to consolidate his presentation of Planning Board-sponsored articles in groups of articles similar to each other (rather than of each article singly) at Annual Town Meeting on Monday, April 26. Rex Peterson stated that the Moderator would take related articles together and that the maps to be presented for town approval were ready to go. Some discussion followed of the article concerning tax exemption for rental of affordable housing and of deeming a pre-existing, non-conforming structure to be affordable.
Membership. The Chair announced that Lisa Brown would not be able to attend Planning Board meetings for several months because of medical appointments on Wednesdays in Boston; she wishes, however, to return to the Board by August or September. The Board agreed that she would be sorely missed and difficult to replace; it was suggested that she might request a leave of absence from the Board of Selectmen. Gerry Parent moved that the Planning Board support Lisa's request for a leave of absence; Mark Berry seconded; the motion carried, 6-0. The Chair noted, to general agreement, that all members would have to try to get to meetings to produce a quorum.
Minutes of March 17, 2004. Harriet Miller moved and Alfred Pickard seconded that the minutes of 3-17-04 be approved as amended; the motion carried, 6-0.
Mail. The Chair reviewed the mail, noting the presence of a Chapter 91 Permit Application for the expansion of the town marina, prepared by Bourne Consulting Engineering. Also of interest was the ZBA agenda for 4-22-04, including Dorothy Dolan's Request for Special Permit for an Affordable Accessory Dwelling Unit.
Mark Berry moved for adjournment, Alfred Pickard seconded, and the meeting closed at 8:05 p.m.
Respectfully submitted,
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Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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