Wellfleet Planning Board
Minutes of Meeting of June 1, 2005
7:00 p.m.
Present: R. Dennis O'Connell, Chair; Ben Gitlow, Harriet Miller, Gerald Parent, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Excused: Mark Berry, Lisa Brown
ANR 05-03, Pyles, Bayberry Lane (Map 41, Parcels 121 & 122)
Al Pickard recused himself as a member of the family abutting the subject property.
John O’Reilly of Bennett & O’Reilly, Inc. came forward, representing the Pyles. The proposal is a reconfiguration of two lots, the frontage remaining the same and the size of each meeting the requirements as buildable lots. The 40 % of upland area requirement for each lot is derived from Zoning Bylaw 6.14.2 “Special Flood Hazard District Regulations.” Chair O’Connell questioned O’Reilly about the concrete bounds, and O’Reilly said they would set new bounds if the plan was approved. Ben Gitlow made a motion to endorse ANR 05-03 as it was presented on the Bennett & O’Reilly plan dated May 10, 2005. Parent seconded.
The motion to endorse ANR 05-03 carried 4-0.
Pickard returned to the table.
Release of Covenant – Litchfield, 150 Whitetail Lane (Map 7, Parcel 34.8)
Gerald Parent went on record to disclose that he had been a broker for Gerald Sutton, the original developer of the High Toss View subdivision. The request, dated May 18, 2005, to grant a final release of the covenant had been made by Anne-Marie Litchfield of Litchfield & Litchfield, P.C. A site visit had revealed that all was in order with the road and property. The owners needed a specific release of the covenant as it related to the original Lot 28. O’Connell made a motion to release Lot 28 from the covenant. Al Pickard seconded the motion.
The motion to release the covenant carried 5-0.
W.H.A.T.
Parent, as an owner of the subject property, and Pickard, an abutter, recused themselves for the W.H.A.T. presentation.
Jeff Zinn came to the table to request that Planning Board send a memo to the ZBA indicating that PB comments would be the same as before for the W.H.A.T. application since their new ZBA application (#05-19) is the same as the original application which has been withdrawn. In response to questions by Gitlow, Zinn stated there had been “no changes” since the earlier application. O’Connell said that the ZBA must formally refer the new application to the Planning Board. There was a discussion whether the referral to PB was dictated by the mandatory “must refer” or a discretionary “may refer.” Peterson cited the Zoning Bylaw that makes the referral necessary. From the floor, Gerald Parent said that the ZBA should have already submitted the referral. In the
meantime PB will send ZBA a memo anticipating that there would be no changes in PB comments and would act upon receipt of the referral. PB would address any additional concerns that ZBA presents at that time. A copy of the memo will be e-mailed the W.H.A.T. representative Arlene Kirsch.
O’Connell made a motion to draft the memo to the ZBA, Gitlow seconded.
The motion to send the memo carried 3-0.
Pickard and Parent returned to the table.
Subdivision Regulations
O’Connell proposed a half hour session of reviewing the model Nantucket Subdivision Regulations, and the Board worked its way from 1.03 (page 1) “Purpose” through 2.03, 1a (page 4) “Plans Not Believed to Require Approval (ANR).” PB noted which items to incorporate into a Wellfleet Subdivision Regulation document, which to consider and which ones to eliminate.
Other Business
The secretary distributed the completed spreadsheets of the new computer file of subdivisions and ANRs. The files are now available in Access, which makes sorting possible by map, address, owner, date or registry number.
Rex Peterson and Gerald Parent reported briefly on the Roundtable discussions with Eastham, Truro and the National Seashore. The next meeting will be held June 13, 2005 at the Seashore headquarters. After a summer break the group will reconvene in the fall.
Mail
The only mail of note was the BOH response to the Preliminary Subdivision Plans for Cortes (PSD 05-01). The BOH did not foresee any constraints to the development.
Minutes of 5/2/05
Parent moved to approve the minutes of 5/2/ 2005 as amended; O’Connell seconded. The Board approved the minutes 5-0.
Adjournment
Pickard made a motion to adjourn; Parent seconded; All approved 5-0.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
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