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Planning Board Minutes - 6-2-04
Wellfleet Planning Board
Minutes of Meeting of June 2, 2004
Town Hall Hearing Room


Present:        R. Dennis O'Connell, Chair; Gerald Parent, Alfred Pickard, Ben Gitlow,
                Harriet Miller; Rex Peterson, Assistant Town Administrator, Richard
                Rosenthal, Chief of Police
Excused:        Lisa Brown
Absent: Mark Berry

Chair O'Connell called the meeting to order at 7:01 p.m.

Traffic Patterns in the Central District.  Police Chief Richard Rosenthal joined the Planning Board for a discussion of the possibility of one-way traffic in the downtown area during the congested summer season; the Chair introduced the topic by noting that the Board considers this problem annually (see minutes of 5-19, Planning Board Priority list).  The Chief commented on the problem and answered Board questions; major points follow:
Rosenthal stated that modification of traffic flow, including seasonal one-way traffic on Commercial and Main Streets, has been discussed before.  He noted that the town really does not have a problem except for 2 - 2 ½ months of the year and asked the Board whether "we want to do something draconian for such a short time?"  He added that safety problems might occur after a seasonal change when people have become used to new traffic patterns and are unable to revert to the old ones.  He stated that he was opposed to traffic patterns being changed seasonally.
The Chief noted that there are remarkably few accidents downtown, that pedestrian safety is satisfactory, and that the major problem is that there are too many cars in town in July and August.  To Ben Gitlow's comment that people get fed up with the traffic and lack of parking in the center of town, he answered that last summer there was no problem with parking.  Two-hour parking is allowed in Town Hall lot and no time limit is mandated in the lot opposite the church; he does not want to use ticketing powers to generate revenues.
Harriet Miller inquired if a one-way traffic flow toward Holbrook Avenue from Main Street would put more traffic on Holbrook.  Rosenthal replied that any change would affect someone down the line.
The Chair stated that the Board also considered the town custom of parking on the wrong side of the street a perceived safety issue; Rosenthal stated that he felt it was not necessary to enforce parking in the same direction, since it doesn't seem to create a problem.  Gerry Parent disagreed.  He first noted that he did see the importance of making any traffic change consistent on a year-round basis and that changing the pattern for 7-8 weeks to the remainder of the year did not seem feasible. However, he emphasized that there is a safety problem when someone parks the wrong way since they are unable to see all oncoming traffic when they pull out into the street until they are well into the lane.  Rosenthal replied that he had observed that as the summer season progresses, people conform to correct parking patterns.
Ben Gitlow introduced discussion of an Outer Cape traffic study that foresees increased traffic in downtown Wellfleet (adding that the availability of water to the center of town would increase intensity of use there); he asked if the town should plan for this.  Rosenthal stated that this study projects that with the current demographics the town would, as a bedroom community, reach build-out as the years progressed, that traffic in the winters would become like our current summers, and that traffic in summers would become very congested, making it unlivable.  Rosenthal affirmed that conditions should be reviewed on a regular basis.
Parent asked, if no traffic pattern change was instituted, if there were anything that could be done to alleviate the seasonal congestion on Main Street?  He noted that this has been helped by the post office's move out of town and by the town's purchase of the church and parking lot, and that generally speaking, during most of the year it is not a problem to get through the center except when the bus is there.  Asking if anything could improve the downtown safety in July and August, he noted difficulty caused by off-loading groceries and supplies, bike traffic, wrong-side parking, the bus, and the generally heavier traffic.  Rosenthal recounted that the town had about a decade ago received a Cape Cod Commission grant to modify the area in front of Town Hall for the bus to pull into to load and unload.  Even though this was a good idea, some townspeople resisted the change and the public reaction caused the Board of Selectmen to reject and return the grant.  He added that he was willing to consider any viable option but cautioned the Board that there would be people who would resist and resent change.
Alfred Pickard asked if there would be a gain in parking spaces if a one-way plan were followed; Rosenthal thought that there would not be a gain in parking spaces but that parking would be made safer.  
Rosenthal asked the Board what would be gained by one-way traffic.  The Chair agreed that it did not seem to be a safety issue.  The Chief stated that after the middle of June, he requests that large trucks and UPS trucks pull into lots and spaces to unload.
Moe Barocas, from the audience, made two parking suggestions: (1) use of the parking at the harbor and pick-up and transport by jitney and (2) some sort of parking permit issued for people working in town businesses so that they did not have to move their cars around in Town Hall lot.  The Chief questioned whether employers should approve of employees' taking up parking spaces from potential customers; Barocas noted that an alternative was that merchants and employees use the church lot, which does not have a time limit.  Rosenthal said that the jitney idea has merit (and had been experimented with for beach transport 11-12 years ago) but might be fairly expensive; the town would have to find a revenue source to support it, since people would rather use their cars than pay a fare.  He noted that the issue of limited parking in one town lot and not in another is legitimate and that he would have no problem timing the church lot.  Barocas suggested that there would be an advantage to making a two-hour limit on accessible spots and designating spaces at the back of the lot for permit parking.  
Regarding parking meters, Rosenthal stated that they are valuable for generating revenue if there are areas people must get to (i.e., in downtown Provincetown) but asked the Board if it really wished to see meters in Wellfleet.  To a suggestion of a gate on the church lot with an attendant to collect money, he noted that this could be done but it would not result in a regular turnover of traffic--people would park and stay there all day.
To Alfred Pickard's question of how to provide parking in the town center, Ben Gitlow cited the town's unsuccessful attempt to buy a lot behind the Congregational Church, which people felt was too far from the center.  Other suggestions (double-deck the Town Hall lot, utlilize the old Mooney Building lot) were proposed; Gitlow was not certain that people who want the parking would be willing to adjust to the necessary changes.  Rosenthal proposed further discussion of specific suggestions with hard data, which he would provide, to determine their worth and safety.
From the audience, Jeff Stewart advised the board that this discussion had begun with an ill-defined plan and was directionless, that they really needed a vision of what they wanted for the village, and that the Planning Board should get this vision of the community from the Local Comprehensive Planning Committee.
The Chief expressed his willingness to return for further discussion.  It was noted that any proposal that arose from this would be submitted to the BOS and then back to the Board for a public hearing.  The session ended with a brief discussion of Route 6 Traffic, which consensus agreed was not a problem to the Town, since its ultimate destination was Provincetown.

Further Information on Use Allowances in the Wellhead Protection District and Zoning Regulations of the Cape Cod National Seashore Act.  Ben Gitlow, having agreed at the previous meeting to research information on the above topics, distributed notes and information to the Board.
Wellhead Protection District--Gitlow provided (from Wellhead Protection Zoning and Nonzoning Controls 310 CMR 22.21(2)(b)4.) a "manure storage statement," specifics of which had been omitted in the warrant article.  The Chair noted that a criticism of the defeated warrant article was that the Board had not consulted USGS' method of defining the district; Gitlow stated that the wellhead protection area is a much bigger area than that the USGS covered and that the Board had designated the area in a "definable way."  After further discussion, it was agreed that Gitlow would seek the approval of John Masterson of the USGS; the amended article could later be presented in a public hearing.  Further discussion covered Picard's question on the meaning of material in (2)(a)6 of the Wellhead Protection Zoning and Nonzoning Controls; Gitlow stated that Wellfleet did not utilize (2)(a) but (2)(b) and proposed checking with Mike Quink of the DEP.
Zoning Regulations of the National Seashore Act--Gitlow distributed notes concerning questions raised in the meeting of May 19 (on condemnation of property, etc.); this material included an overview of the Act and seashore zoning regulations.  Discussion included site plan review in the national park.  Alfred Pickard asked how many acres in the Park contained private ownership.  Supplementary material, including the National Seashore Act (Public Law 87-126), will be copied for the Board members.

Nantucket's Rules and Regulations Governing the Subdivision of Land--The Board requested further time to study these regulations; it was decided that this would become an agenda item for June 16.  The Chair assessed the good points of these regulations, including areas on homeowners' associations, as-builts, inspections of subdivisions, security release, etc.  Gitlow disagreed with some of Nantucket's road requirements but noted that these regulations did provide standards for unpaved roads.  The Chair reported that he had talked with the Nantucket Town Planner, who had related that they were working with some out-of-date plans and have upped their fees recently (a copy of this fee schedule will be sent to the Board).

Other Business:
Rex Peterson distributed small copies of the zoning maps; the Board requested large copies of the Central District portion, which he will obtain.
Minutes of May 19, 2004--Ben Gitlow moved and Alfred Pickard seconded the approval of the 5-19 minutes as amended; the motion carried, 5-0.
The Chair posed to the Board a question posed in a memo from Building Inspector Paul Murphy on whether "volumetric increase" would apply to the installation of a new foundation system.  In his memo, Murphy stated: "it's a code requirement, and whereas we don't consider it a 'story' I do not feel applicants for foundation replacement need to seek relief from the Board of Appeals, assuming it stays in the building footprint, and does not violate the height requirement."   Discussion noted that a pre-existing non-conforming structure would stay in the footprint it and would not become more non-conforming; that a basement is not considered livable unless 5' out of the ground; however, that in some cases 3' out of the ground, a bedroom can be placed in a basement if the septic allow (Gerry Parent as "Devil's Advocate").  Alfred Pickard moved that a volumetric increase is not triggered by a new foundation system which stays with the building footprint and does not violate the height requirement; Ben Gitlow seconded; the motion passed, 5-0.
The Chair reviewed from the mail:
a memo from Rex Peterson (6-2-04) to the Conservation Commission (copied to the Board, Tim Smith, Emily Beebe, and the ZBA) inquiring whether they wished to pursue revision of section 6.14 (Special Flood Hazard District Regulations) of the Wellfleet Zoning Bylaws
ZBA agenda announcement including the application for special permit by the W.H.A.T. Theatre.  Gerry Parent recused himself from this discussion.  There will be a referral to the Cape Cod Commission on this project.

Alfred Pickard moved that the meeting be adjourned; the meeting closed at 9:58 p.m.

Respectfully submitted,


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

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