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Planning Board Minutes - 5-19-04
Wellfleet Planning Board
Minutes of Meeting of May 19, 2004
Town Hall Hearing Room

Present:        R. Dennis O
                Pickard, Ben Gitlow, Harriet Miller; Rex Peterson, Assistant Town
                Administrator
Excused:        Lisa Brown

Chair O
Review of Annual Town Meeting Bylaw Articles:
Wellhead Protection District.  The Board discussed the public
·       The Board should put together a Public Hearing on the article, specifically notifying the Board of Health and the Conservation Commission to attend.
·       Ben Gitlow, noting that 310 CMR 22 contains a prohibited list of uses in a protective district, proposed that he
·       Following a discussion of Lezli Rowell
·       It was suggested that the Board of Health should be asked to define its preferences concerning this article.

Service Trades in the National Seashore Park.  The public
·       Gitlow: The Park has not heretofore objected to Wellfleet
·       Gitlow: The Act which established the Park gives the Park the right to act to review any town zoning amendment in order to establish consistency; it does not seem, however, to be able to mandate consistency.  
·       Parent: It is mandatory that Wellfleet
·       Ben Gitlow proposed to look up and bring in the original Cape Cod National Seashore Act.  He noted that the Park had earlier tried to enforce the
·       The Chair noted that the threat of the Park to the Town is that it will condemn all property in the Park.   Alfred Pickard noted, however, that this Park guideline is "non-existent" for financial reasons: because of the value of land, if the Park condemns property, it cannot afford to buy it at a fair market price.
·       Other discussion items included:
1.      the regulation that  reconstruction in Park must reproduce the original structure
2.      that because of lack of buildable land, allowance of teardowns and rebuilding will be the only way to retain the current tax base
3.      that the function of the Zoning Board is as an enforcing agency for the Planning Board, interpreting the zoning regulations
4.      Seashore condemnation regulations and revocation of the Certificate of Non-condemnation.  Gerry Parent stated that there has been no condemnation or taking of property after 1985 unless there has been mutual consent.
·       Alfred Pickard remarked that people living within the Park are held to greater zoning standards than the rest of Wellfleet.

Outstanding Projects:
Central District Delineation.  Rex Peterson noted that the Board has already done the delineation work and has the map of the Central District.  He added that Town Counsel, when consulted about the amended Central District, asked why it was necessary to do it.  She suggested that if the major reason was for increase in parking, getting a Special Permit might be preferable to changing the district lines.  Counsel further suggested that when a lot extended into two zones, it should be placed in the zone in which it held the greater area.
·       Parent suggested, in view of the pending water system changes, that the Board keep a fairly tight rein on the Central District.  In response to Gitlowusage (e.g., more B and B
·       Gitlow pointed out that the number of connections allowed would be tied to average daily consumption and that Wellfleet (being seasonal) has a fairly low average daily consumption.
·       Discussion turned to the Planning Board
·       Alfred Pickard suggested that instead of discussion of the Central District, the Board might delineate a Pipeline District that follows the route of the water pipe, adding that some of the Central District does not touch the pipeline.
·       The Chair added that the Board should consider the Central District further.  Gerry Parent commended the new map as a good visual portrayal; the Chair asked that copies be made for each member.
Flood District.  Because the Conservation Commission had originated the request that Planning Board explore the Flood District amendment, Chair O
Subdivision Regulations.  The Board turned to a discussion of the revision of its subdivision regulations, begun last year in conjunction with consultant Patty Daley. Rex Peterson stated that $2500 in grant money currently exists for the completion of this project, with a possibility of obtaining more from other grants. The consensus of the Board was dissatisfaction with the results from Daley & Witten for the work done last year.  Chair O
Discussion of Planning Board Priorities List.  The Board reviewed the list of priorities compiled at the 7-16-03 meeting, commenting on completion of some and eliminating others.  The new list follows:
1.      Revision of Subdivision Regulations
2.      One-way traffic on Main & Commercial Streets
3.      Planning Board involvement in downtown water system--(see discussion of Central District above)
4.      Re-examination of Central District boundaries
5.      Beautification and maintenance of parking lot at bottom of Bank StreetWellfleet needs the parking provided by the lot.
6.      Examination of the Cell Tower Bylaw.  Alfred Pickard advanced the suggestion that the Cell Tower Bylaw become the responsibility of the ZBA, which has the primary responsibility for granting Special Permits in zoning matters.

Committee Representatives.  Two members were chosen as Planning Board representatives on other Town committees; Harriet Miller will attend the Housing Partnership and Ben Gitlow the Charter Review Committee.

Local Comprehensive Plan Update.  Ben Gitlow reported on the progress of the Local Comprehensive Plan Committee, which is struggling to convert the LCP from a massive to a more manageable document.  He noted concern that major town decisions will be made before the committee is able to finish the plan.  Members are to return to the next meeting with 10 ideas of importance to the plan; the hope is to compact the document, to make it more concise, and to address real things that can be controlled.

Other Business:
Minutes of April 21, 2004.  The Chair moved and Mark Berry seconded the approval of the 4-21-04 minutes as amended; the motion carried, 6-0.
Dow Drive Escrow.  (see minutes of 4-21)  Gerry Parent informed the Board that Arthur Croce (Trustee of Baker Estates), to whom a Planning Board letter seeking action on the seeding of Dow Drive had been sent, had left a message on his answering machine stating that he did not want to have seeding done until building work was completed in the fall.  A discussion followed of the possibility of demanding a higher minimum sum (e.g., $20,000) placed in escrow for future such Releases of Covenant; Peterson reported that this was unlikely, since Town Counsel had stated that the amount in escrow must bear some resemblance to the amount of actual cost.  The Board reluctantly agreed that it must await the results of seeding Dow Drive in the fall.
Mail.  The Chair inquired if anyone would be attending the Massachusetts Federation of Planning and Appeals Boards meeting in Hyannis on Thursday, May 20.  Harriet Miller will attend.
Lisa Brown.  Concerning Lisa's request for a leave of absence from Planning Board, the Chair announced that the Selectmen have decided to wait until Lisa has missed her 4th meeting and then consider allowing her to take a leave of absence.
Water Commissioners' Meeting.  Planning Board has been invited to attend the meeting of the Board of Water Commissioners on June 15, 2004 at 7 p.m. in the Library Meeting Room.
Membership.  The Chair announced that he will "re-up" for Planning Board in June, when his term expires.  He announced that Committee Secretary Mrs. Castillo will retire in September.  Members expressed chagrin but good wishes and asked that the Town organize an effective transition to her successor.

Gerry Parent moved and Ben Gitlow seconded that the meeting be adjourned; the meeting closed at 9:20 p.m.

Respectfully submitted,


_____________________________           __________________________
Frances J. Castillo, Committee Secretary                R. Dennis O'Connell, Chair
                                                
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