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Wellfleet Planning board
Minutes of Meeting of July 21, 2004
Town Hall Hearing Room
Present: R. Dennis O
Absent: Lisa Brown, Fran Castillo
Zoning Issues within the Cape Cod National Seashore. Lauren McKeen, head planner at the CCNS was present to discuss local zoning within the Park. Mr. Peterson had spoken with Ms. McKeen prior to last April
The discussion turned to a more general question of whether or not the CCNS must approve local zoning. Ms. McKeen said that it is not so much a matter of approving or disapproving as determining whether a by-law or proposed amendment is consistent or inconsistent with enabling legislation and zoning standards. By-laws determined to be inconsistent with either the legislation or standards could result in withdrawal of all certificates for suspension of condemnation.
Mr. Gitlow said that the zoning standards require notice to the Secretary of the Interior of any proposed changes to the Zoning By-laws. Ms. McKeen said that the Secretary had delegated responsibility for reviewing changes to the CCNS. Mr. Gitlow also noted that the standards also require notice to the CCNS of any variances granted. Ms. McKeen said that the CCNS should be notified of all variances and exceptions (including special permits) granted for properties within the Park. Mr. Peterson said that he would inform the Assessor to include the CCNS as an abutter for any ZBA or Planning Board application for property within the Park.
The discussion returned to Service Trades as an allowed use within the CCNS. Mr. Gitlow made a motion to allow Service Trades only as accessory use to a single family dwelling in the CCNS with no retail sales allowed. Mr. Parent seconded the motion. Mr. Berry said that retail sales should not be prohibited for Service Trades in all districts, and should be allowed particularly in the two commercial zones. Ms. McKeen suggested two definitions of Services Trades; one discussion.
Planning Board Minutes
Mr. Peterson asked Ms. McKeen about the Parkif the Park finds a Town By-law inconsistent with the enabling legislation or zoning standards, it has the authority to withdraw ALL certificates of suspension of condemnation within the entire Town.
ANR #04-05; Susan M. Roberts, 10 Mehitable Lane, Assessor's Map #29, Lot #54, 1 lot. Richard Lay from Slade Associates represented the applicant. He explained that ten feet of frontage from Lot 4B was being added to Lot 3 to give it sufficient frontage for a building lot. Mr. Gitlow made a motion to endorse the plan as presented. Mr. O
Advisory Opinion: William & Fanny Dyer, 3 Indian Neck Road, Assessor's Map #28, Lot #231, 2 lots. Richard Lay from Slade Associated represented the applicants. He explained that once the wetland was delineated and a determination made that there is sufficient upland, the plan will be presented as an ANR under MGL c. 41, §81L. He wanted the newer Board members to have an opportunity to study that section which allows subdivision of a lot containing two dwellings that existed prior to adoption of subdivision control by the Town. The consensus of the
Board was that the plan would qualify for endorsement under §81L.
Delphi Path--Request for final release of lots. Richard Lay from Slade Associates represented the applicants. Mr. Lay submitted photographs that showed the manhole in the cul-de-sac is 3½ to 4 inches above grade. He said that the manhole provides access to clean out the leach pits for the storm drains. Mr. O
Minutes of July 7, 2004. Mr. O
Second meeting in August. Mr. Parent made a motion to not schedule a second meeting in August and to allow the chairman to act on behalf of the Planning Board for any ANR plans received between the first meeting in August and first meeting in September. Mr. Berry seconded the motion, and the BoardPlanning Board Minutes
O
Growth Management Audit. Mr. Peterson announced that a meeting has been scheduled for August 10, 2004, 3:00 p.m. at the Senior Center to prepare the Growth Management Audit. In addition to the Planning Board, the Local Comprehensive Planning Committee, Open Space/Land Bank Committee, Board of Selectmen, Health and Conservation Agent and Inspector of Buildings have been invited to attend. Carole Ridley, one of the audit designers will be present to answer questions.
Wellhead Protection District. Mr. Peterson said that the Board of Health placed the proposed Wellhead Protection District on their agenda for discussion on July 28. He requested that as many Planning Board members as possible be present.
Mail. Mr. O
Half scale Assessor
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Rex Peterson, Asst. Town Administrator R. Dennis O _____________Date
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