Wellfleet Planning Board
Minutes of Meeting of January 5, 2005
Town Hall Hearing Room
7:00 p.m.
Present: R. Dennis O'Connell, Chair; Mark Berry, Lisa Brown, Harriet Miller, Gerald Parent, Ben Gitlow; Rex Peterson, Assistant Town Administrator
Excused: Alfred Pickard
Chair O’Connell called the meeting to order at 7 p.m.
ANR 05-01 Geiger Property - Baker Rd. & Baker Rd. Extension
(Map 29, Parcels 335, 335.1)
O’Connell, invoking the rule of necessity, did not recuse himself as a Conservation Trust abutter to the subject property. Chet Lay, representing Harvey Geiger, indicated that this was acceptable to him. Gerald Parent identified himself as friend of Harvey Geiger. Mr. Lay presented the plan to further divide Parcel 335. A previous subdivision (DSD 03-03) created a lot with two buildings on it. This ANR divides the property into two lots with one dwelling on each lot. The driveway for the main house will be moved to obviate an easement over the other lot. Lisa Brown moved to accept the plan as presented; Ben Gitlow seconded the motion.
The Board voted to approve the ANR 6-0.
Diamondback Way
Chet Lay represented John Goodman in the request to release the covenant for Diamondback Way. It was noted that gravel had been used in place of the previously specified shells and that full coverage had not been achieved. It was also noted that a subdivision plan was anticipated from M. Cortes; therefore, the Board felt that any deficiencies in the current plan would be moot. Gerald Parent made a motion to release the covenant. Lisa Brown seconded the motion.
All voted to approve the release of the covenant 6-0.
Chechelnitsky (Map 8, Parcels 27 & 30)
Gerald Parent recused himself. The McClellan property has been sold and the McClellan’s lawsuit against the Planning Board for its approval of the Chelchelnitsky subdivision (DSD 01-05) was dropped. Chet Lay had the current Board sign the plan which had been approved December 19, 2001.
Paine Hollow Rd. Property (Map 29, Parcel 401)
The Board discussed the town owned land to be placed under the management of the Conservation Commission. PB was in favor of this designation because it would mean better supervision of the property. Members felt the town should address the issues of parking and access to the Rose property (Map 29, Parcel 405). Lisa Brown moved to approve the designation of the land as Open Space, managed by the Conservation Commission with consideration of the parking and access issues. Gerald Parent seconded the motion.
The Board voted to approve 6-0.
Accessory Building By-law – Sullivan Proposal
Donald and Barbara Sullivan had submitted a study of several Cape towns’ shed/accessory building requirements for consideration of a change in Wellfleet’s by-law. The Committee Secretary indicated that she was able to verify the various town requirements. The Planning Board was open to amending the accessory building by-law provided it applied to one-story sheds no more than 120 ft., clearly not intended for habitable space. They felt the Brewster definition served as a good model with the addition of a suggestion by ZBA Chair Steve Rose as conveyed by O’Connell. Rose recommended that any doorway or access to the shed be to the inside of the property, not the outside. A maximum height of 12 ft. and setbacks of 30 ft. in front, 5 ft. for sides and rear would also be required. Ben Gitlow made a
motion that Rex Peterson prepare an amendment to the by-law that includes a definition of the structure and the suggested requirements. O’Connell seconded the motion.
All voted to approve the rewrite 6-0.
Other Business
1.) Annual Report
Ben Gitlow made a motion to approve the proposed Annual Report with a few amendments. Mark Berry seconded.
The Board voted to approve the report as amended 6-0.
2.) Charter Review Committee Letter
Ben Gitlow asked if PB had any comments, suggestions or recommendations for the Charter Review Committee. O’Connell read the Charter’s description of Planning Board, which contained outdated duties such as reporting on the “Condition of the Town.” O’Connell said this description would be re-done.
3.) W.H.A.T. Update
Gerald Parent recused himself for Lisa Brown’s update on the W.H.A.T. project. The ZBA hearing is continued with the request that W.H.A.T. provide additional information: 1.) condo documents, 2.) updated plans for the bathrooms off the performance area, 3.) full sets of to-scale site plans, 4.) proof of unfettered right of way to abutter, 5.) accurate summer tent location, and 6.) the easement for the zone of contribution from St. James the Fisherman Church.
4.) Service Trades
The Board reviewed the plan to move Service Trades out of the commercial grid to the residential grid in §5.3 of the Zoning By-laws. In a letter Lauren McKeon of the Cape Cod National Seashore indicated her support of this proposal. Chair O’Connell asked that Rex Peterson write up the change. O’Connell made a motion to move service trades from 5.3.2 to 5.3.1, taking out the word “business.” Mark Berry seconded the motion.
The Board voted to approve the change that Rex Peterson will prepare 6-0.
5.) Wellhead Protection by-law
The Board discussed the Wellhead Protection By-law revision which it has worked on with the Board of Health. The final draft will be reviewed at the next meeting January 19, 2005. The public hearing is set for February 16, 2005.
6.) Conference
Rex Peterson will be going to a conference on Sustainable Behavior offered January 26 at the Cape Codder Resort in Hyannis. PB members received applications in case anyone else was interested in attending.
7.) 2005 Membership List
The secretary distributed an updated membership list for 2005 and requested any corrections or changes.
Minutes
O’Connell moved to approve the December 1, 2004 minutes as amended; Brown seconded; the Board approved the amended minutes 4-0. (Parent and Gitlow abstained)
Adjournment
Brown moved; Gitlow seconded; the Board unanimously voted to adjourn 6-0. The Board adjourned at 8:18 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
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