Wellfleet Planning Board
Minutes of Meeting of September 1, 2004
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Gerald Parent,
Ben Gitlow, Harriet Miller; Rex Peterson, Assistant Town Administrator
Absent: Alfred Pickard
The Chair called the meeting to order at 7:00 p.m.
Sexton--Surfside Cottages Application for Condominium Status. (For previous discussion, see minutes of July 7 and August 4.) Jim and Marcia Sexton attended, along with Chet Lay of Slade Associates, to discuss changes requested by Planning Board in the Master Deed and the Declaration of Trust. The Board had earlier received the amended documents, along with comments from Attorney Harry Terkanian. Mr. Sexton explained changes made in the map of the condo area. Discussion followed:
In response to a question from the Chair, it was decided that a change would be effected to the map location of the parking area of the Seaview Cottage in order that it not impinge upon common area.
Mr. Sexton did not think that the parking of boat trailers (Master Deed, 11, (i) would be a problem.
The Chair commented on Atty. Terkanian's statement: "The sentence about adhering to regulations is not necessary. Master deed section 11 deals with restrictions on use and it seems redundant to me to add this. . ." by noting that there was now no way to enforce sanctions in the Master Deed and that "extra clout" in dealing with problems with owners behaving illegally could be provided by a statement that all laws and regulations of Wellfleet should be adhered to.
Ben Gitlow inquired if attention had been given regarding uses allowed and not allowed in the Wellhead Protection Zone; the Chair noted that this was covered under the Zoning Bylaw. He added that the Sextons own and control the arc on their property, not the radius, and that the cottages pre-exist the radius requirements. It was established that they have always been a Public Water Supply.
Chair O'Connell moved that Planning Board advise the Zoning Board of Appeals that the Sextons have satisfactorily provided all informational requirements for Planning Board review and that Planning Board recommends that the Board of Appeals consider the Surfside Cottages condominium application. Lisa Brown seconded; the motion carried, 5-0.
Signing of Covenant for SD #03-04; John B. Goodman, Jr. Trustee. Planning Board members Mark Berry and Lisa Brown signed the subdivision covenant, which had previously been signed in the Secretary's Office by Chair O'Connell, Harriet Miller, and Ben Gitlow. Chet Lay will send the Board a copy of the signed covenant.
ANR #04-07; Maria Hollis, 20 Weatherly Avenue, Assessor's Map #20, Parcel #19, no new lots. Attorney Robert C. Lawless, representing Ms. Hollis, distributed a revision of the originally submitted plan containing a signature block. Lawless recounted the history of the parcel for the Board: it was originally Parcel B of the Schuster Trailer Park (1972) belonging to Nils W. and Maria (then) Miner; the Miners separated and Maria (Miner) Hollis purchased the home; it was Ms. Hollis' understanding that she should also have a small abutting parcel which had been a paper way. She now holds the deed referencing the submitted plan of land and this deed must be recorded with the Registry. She therefore requests Planning Board's approval of this ANR request to join to Parcel B her strip of land.
[Mark Berry disclosed that he has done plumbing work for Maria and Tom Hollis some years ago.]
The Chair, noting the site visit done by Board members, stated that the lot has adequate access.
Ben Gitlow inquired whether the fact that the road was not 10' above the high water mark would constitute an access problem.
After discussion, the Chair moved that the Hollis plan be deemed an ANR and, because there is no construction anticipated, the requirement that the road (which pre-exists the Zoning Bylaw) be 10' about sea level does not apply. Harriet Miller seconded; motion carried, 5-0.
The Board signed the mylar plan; Rex Peterson requested four copies of the signed, recorded plan from Mr. Lawless.
Delphi Path; Assessor's Map #23, Lot #s 87 & 88, Request for final release of covenant. Chet Lay represented owner Angela D'Amico, who was also present at the meeting. (See minutes of 6-16-04 and 7-21-04 for previous action on this release of covenant.) Lay noted that with the two recent rain events the stone swales at each side of the road, designed to percolate run-off away from the road, were working well. The Chair concurred, noting that the site inspection group had been there in the rain; he commented that the woodchips and shrubs around the manhole cover seemed satisfactory, also. The Chair moved that the final lot, Lot 3, of the Delphi Road subdivision be removed from covenant; Miller seconded; the motion carried, 5-0. The Board signed the release
from covenant form.
Declined ANR #04-06; Renata & Wulf Paulick. Chet Lay informed the board that he had written a letter to Town Administrator Tim Smith regarding the Paulick plan (see minutes of 8-4-04) suggesting that any legal opinions expressed by Town Counsel be put in writing. Ben Gitlow felt that having a written record of Town Counsel's opinion in writing would be a good idea and suggested that notation to that effect should be placed in Planning Board procedures at some time. The Chair added that if there was a time constraint, the Board could ask for an extension.
Other Business:
Minutes of August 4, 2004. Harriet Miller moved that the Board approve the minutes of 8-4-04 as amended; Ben Gitlow seconded; the motion carried, 3-0-2.
New Planning Board Secretary. Chair O'Connell introduced and welcomed Mary Rogers, who will replace Fran Castillo as Committee Secretary to the Planning Board.
Discussion: Proposed Zoning Bylaw Revisions for Wellhead Protection.
Wellhead Protection District (WPD). Board of Health Chair and Vice-Chair, Richard Willecke and Lezli Rowell, joined the Planning Board for this discussion session. It was noted that an earlier meeting of O'Connell, Gitlow, Willecke, Rowell, Rex Peterson and Erik Mitchell, Assistant Health Agent, had taken place on this topic.
Peterson outlined the time requirements for getting the bylaw in order to the October 18th Special Town Meeting, including the fact that legal ads would have to be placed for an October 8th public hearing.
O'Connell felt that the biggest issued to be resolved was that of the boundaries of the district. Right now the town is using street boundaries. A Zone II delineation and a hydro-geological survey is needed for a well in excess of 100,000 gallons per day; however, the Cole's Neck well produces under 100,000 gpd.
Lezli Rowell distributed informational material (some printed from the DEP website, some from Arthur Strahler, Groundwater Impact Study for APCC) defining a Wellhead Protection Area. She stated that the Board of Health is comfortable with using a radius delineation of the area but not comfortable with street delineation. The Chair had drawn on the assessor's map the half-mile radius around the wellhead, demonstrating an Interim Wellhead Protection Area (IWPA). Discussion points follow:
Lisa Brown asked where the recharge areas exist and noted that the radius should enclose them. Willecke stated that the BOH has requested the funding for a hydro-geologic study.
Ben Gitlow stated that he could not at this time do a reasonable job digesting the above material and be prepared to support a plan; he asked if there would be any negative result in delaying the article until the Annual Town Meeting. He presumed that a permit for installing the well is in place and felt that DEP should review the project and could set up an IWPA. The Chair suspected that there was not time before the ATM to do a hydro-geologic survey.
Gerry Parent recalled that the Board had originally considered the radius delineation but problems with the method caused them to use street boundaries. He noted that the BOH now seems favorable to the ½ mile radius; taking a radius around the original Wellhead Protection District would constitute a huge district (including the old Boy Scout Camp), mostly in the Seashore, which he felt would not be out of line. He added that the bylaw does not encompass any commercial property and that the town has a district far exceeding anything it needs.
Rowell noted her preference that the Boards work together to take this to Town Meeting and was concerned that smaller scale commercial operations be protected. Willecke was concerned with the definition of commercial in this area.
Mark Berry asked Rowell whether going with the ½ mile radius would be satisfactory and what data was now available on recharge for the area; Rowell stated that the USGS has been doing a survey but that she does not have data. To Gitlow's question of which Zone II was under discussion: DEP or USGS, Rowell replied ¼ to ½ mile IWPA until the DEP establishes a Zone II.
Prohibited and Allowed Uses in the WPD. Parent asked that the BOH get out a draft article covering uses in the WPD so that both boards could discuss it, noting items for discussion (such as 9.4.1.2.(a) under Allowed Use Regulations and 9.1.4.2.(13) under Prohibited Use regulations in the draft copy which had been prepared for the present discussion).
It was determined that there was not enough time for the BOH to construct such a draft before the previously-planned joint 9-8 meeting; Rowell stated that the BOH had only received the Model Groundwater Protection District Bylaw (MA DEP) by email that day; Lisa Brown commented that it was not clear why this was being pushed through so quickly.
Gerry Parent moved to notify the BOS/Water Commissioners that Planning Board recommends withdrawal of the articles on Wellhead Protection District and Use Regulations (Draft Warrant Articles 7 and 8) for the Special Fall Town Meeting of October 18th and that the Board is in communication with the Board of Health in order to work toward producing satisfactory versions of these articles for the Spring Annual Town Meeting. Seconded by Gitlow, the motion carried, 6-0.
Rowell suggested the BOH would continue working on their language for these articles at their next meeting, saving Planning Board from having to attend a joint discussion. Follow-through was suggested for a Glossary of Definitions, and Mark Berry suggested looking at the Home Occupation Bylaw.
The Chair requested email and hard copies of the Model Groundwater Protection District Bylaw be sent to Planning Board members.
Draft Article 5: Community Preservation Act. This article (#5 on the draft warrant) proposes the opportunity for the Town to replace the Cape Cod Open Space Law with the Community Preservation Act; it requires that the Town vote on this proposal at the ballot at the next regular election. Rex Peterson stated that a local contribution of $260,000 would result in matching funds from the state for the next 3-7 years, guaranteeing $520,000 annually. These funds may be used for historic preservation, open space, or affordable housing and can be divided up among the three categories but must give a minimum of 10% to each. Gerry Parent moved and Lisa Brown seconded that Planning Board recommend draft warrant Article 5 on the Community Preservation Act; the motion carried, 6-0. Chair O'Connell, noting that the language of the article was confusing, suggested that the article begin: To see if the Town will vote to consider rather than: To see if the Town will vote to adopt . . . as it
now stands.
Advisory Opinion. Chet Lay introduced Mr. Henry Cortes, who had a question of the Board on the recently approved Goodman subdivision (#03-04). Lay distributed a map showing the full possibility of subdivision for the Goodman Plan on Goss Lane; Mr. Cortes, in attempting to decide on the number of lots to develop, was concerned about whether the road would have to be widened.
Parent stated that 9 lots would require widening and paving of the road--in a subdivision of greater than 4 lots, pavement is needed for ambulances and fire trucks and for cars to pass safely.
Ben Gitlow felt that a sand road would be adequate.
Lisa Brown commented that sand and shell would be adequate, since the land is level and contains easy turn-arounds. She added that ways other than pavement might exist to deal with the situation.
Cortes asked if pavement would require drainage and was told that if the road is crowned it would not, since it is a flat surface.
Parent felt that a concrete road with pea stone rolled in would be acceptable; Brown concurred.
To Cortes' question of whether the road would have to be constructed immediately, he was answered that this construction could be put under covenant and either lots or a cash bond could be held against its completion.
Paulick Case. In reference to the court appeal of Planning Board's decision on Wulf & Renata Paulick's request for an ANR (see minutes of 8-4-04), Rex Peterson informed the Board that Town Counsel Elizabeth Lane would represent the Board in court on September 14, 2004 and that he has sent her supporting information on the case. The Chair added that Town Counsel has asked if Conservation Trust wishes to file an amicus.
It was the consensus of the Planning Board that all requests for opinions from Town Counsel should be in writing, and the response should be in writing except in emergency situations.
Gerry Parent moved and Mark Berry seconded adjournment; the meeting ended at 9:00 p.m.
Respectfully submitted,
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Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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