e. Page 20, Section 6.12 Discussion followed as to the advice that Planning Board should remit to the Zoning Board of Appeals, which will hear this proposal at its August 12th meeting. The Chair, referencing the above comments, felt that the applicants were not yet ready; Lay stated that the Sextons will have revisions done to the Master Plan, trust document, and Master Deed for the ZBA meeting.
Alfred Pickard stated that without ownership of the dirt road (if it belongs to the Park), there will not be sufficient access for all parking. The Sextons stated that access could be created for Surf View and Silver Sands on the existing plan and that Ocean View could have access off Ocean View Drive.
The Chair suggested that the Board advise the ZBA of its recommendations for changes in the documents and plans. Lay requested a continuance from the Board until the September 1st meeting. O'Connell moved and Pickard seconded that the documents are not completed; the motion carried, 5-0.
ANR #04-06; Wulf and Renata Paulick, 40 Ione Road & 0 Off Spence Way, Assessor's Map #28, Lot #61 and Lot #41, 1 lot proposed. [Chair O'Connell recused himself because Wellfleet Conservation Trust, with which he is associated, is an abutter; Mark Berry chaired this portion of the meeting.] Chet Lay presented the proposal, beginning by noting that Planning Board had endorsed this plan for the Eisingers in 2000. In the 1960's, spoils from harbor dredging were deposited in Chipman's Cove; this fill was dropped in front of the subject property because it was believed that the Town owned the area. The Eisingers petitioned Land Court for ownership of the filled area of the abutting section to their property and the mean high water line. The new owners have done the same. Property
issues are not yet settled; Lay noted that the 2000 Planning Board was able to endorse the plan because of the inclusion of the statement: "Endorsement does not constitute determination of ownership."
Discussion points follow:
Acting Chair Berry determined that Ione Road is the access for the property.
Berry expressed doubt that an applicant can join 2 pieces of land, one of which he has no title to.
To Harriet Miller's question of why the ANR had been submitted if the question has to go before Land Court, Lay replied that the lot lines needed to be established. He added that he could get a "Constructive Grant" (automatic approval of ANR after 21 days) if the Board refused to endorse the plan.
Rex Peterson relayed Town Counsel Betsy Lane's two objections to the plan: (1) a frontage problem, stemming from the 135' frontage requirement, has been caused by changing the boundaries of the lot and (2) only owners or agents with the consent of known owners have the right to file plans to change boundaries.
Bob Hankey (from the audience) stated that the Conservation Trust claims ownership through the Town for the land made from the spoilage; the Conservation Trust received the deed from Dorothy Baker Snow's heirs, who had paid back taxes on the area to the Town.
Berry felt that this plan was not an ANR because of inadequate frontage and doubt concerning ownership of the piece of land intended for the merger and questioned the adequacy of the road as access in the event of further development. To Ben Gitlow's suggestion that the owners would like to file before Lane Court, Berry reiterated that the ownership issue should be settled before the land was deemed an ANR. Lay again suggested this could be a "Constructive Grant."
Berry moved, and Pickard seconded, that the Planning Board declines to endorse the Pawlick plan as an ANR because it lacks current requirements for frontage and there is a question of ownership of the second lot; the motion carried, 3-1.
Other Business:
Minutes of July 21, 2004. Chair O'Connell [having rejoined the meeting] moved and Mark Berry seconded that the 7-21-04 minutes be approved as amended; the motion carried, 5-0.
Action Steps for the Local Comprehensive Plan. Ben Gitlow requested that the Board review a check-list entitled Local Comprehensive Plan, Action Implementation Review in order to indicate its opinion, to be transmitted to the Local Comprehensive Plan Committee, on actions for which the Board is responsible. Chair O'Connell conducted a run-through of all of these actions, noting the members' opinions on each. The Board agreed to give the Chair and Gitlow authority to speak to the Committee as representatives of the Board's responses.
Growth Management Audit. The Chair noted that the working group meeting to discuss the Cape Cod Growth Management Audit would take place on August 10 at 3 p.m. at the Senior Center. The Chair urged representation from Planning Board.
Mail. The Chair reviewed the mail, noting an e-letter letter from Henrietta Davis of 230 Chequessett Neck Road (7-14-04) to the BOS requesting the town's help in "making and keeping Wellfleet safe for walkers."
DCPC Nomination for The Colony. Ben Gitlow referenced the proposed nomination of The Colony cottages as a District of Critical Planning Concern by the Historical Commission and Historical Review Board; succeeding discussion covered the Town/Cape Cod Commission process of enacting a DCPC, with the Chair noting that DCPC falls under county regulation. Rex Peterson announced that Sarah Korjeff of the Commission will conduct a presentation of the project on Friday, August 13, at 9 a.m. in the Town Hall 2nd Floor Conference Room.
Fall Town Meeting. A Fall Town Meeting will take place on October 18; Peterson stated that it would include a Community Preservation Act. To the Chair's question of whether the Board should work on the zoning topic of Affordable Accessory Dwellings within the Seashore Park, Peterson noted that Lauren McKeen had suggested that this should be a prohibited usage inside the Park unless the second accessory dwelling had existed on the property before 1959. The point was made that accessory dwelling does not comply with the Park's definition of improved property. The Chair requested that Peterson draft a letter to the Park regarding affordable accessory dwellings and bring it to the Board for discussion.
Mark Berry moved and Alfred Pickard seconded adjournment; the meeting closed at 9:25 p.m.
Respectfully submitted,
___________________________ ___________________________
Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
