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Planning Board Minutes 07/06/2005

Wellfleet Planning Board
Minutes of Meeting of July 6, 2005
7:00 p.m.
Present:        R. Dennis O'Connell, Chair; Ben Gitlow, Barbara Gray, Harriet Miller, Alfred Pickard, Gerald Parent
Excused:        David Rowell

Chairman O’Connell called the meeting to order at 7:05 p.m.
        
Organization
Yearly organizational matters needed the Board’s attention.  Harriet Miller nominated R. Dennis O’Connell as chairman if he wished to continue in that capacity.  Ben Gitlow seconded.  The nomination was approved 4-0-1.  
Gitlow nominated Gerald Parent as vice-chairman, Miller seconded, and the nomination was approved 5-0-1.  Barbara Gray nominated Harriet Miller as clerk, Gitlow seconded, and the nomination was approved 5-0-1.

Board members signed documents for Barnstable Land Court, Boston Land Court and the Barnstable Registry of Deeds authorizing them to sign plans.  The Board welcomed new members Barbara Gray, who was in attendance, and David Rowell in absentia.  There was agreement to continue meeting on the first and third Wednesday of each month.

Condominium Conversion – Kelley/ Sarett Lane RT, 25 Sarett Ln.   
(Map 42, Parcel 87.4)
Chester Lay of Slade Associates came forward to represent the Sarett Lane Realty Trust.  He said that the attorney William R. Hanna, who had prepared the Master Deed and Declaration of Trust, could not attend the meeting.  Ben Gitlow
said that the application was not complete and made a motion to return it to the ZBA to reject as the Master Deed exhibits, the documents, and information on the plan were incomplete; missing information included but was not limited to septic and well sites and access easement to the property.  Alfred Pickard seconded the motion.
The Board detailed for Mr. Lay the information which was lacking.  On the application form #3 should state there is no difference of address if that is the case.  Number 8 does not indicate if the cottages are seasonal or year-round.  Number 9 (Date of Hearing) should not be left blank.  

On the Request for Findings of Fact Re Special Permit Application sections 8.4.2.2 a, b, c, d, & e were all marked n/a.  This data should be specified.  Also section 8.4.2.3 b needs to be answered.

The Master Deed exhibits are incomplete.  More copies of Exhibit III should be made available.  Exhibit IV does not contain what it says.  Even though Exhibit IV is included on Exhibit III, the Board does not want to have to guess the figures.  Exhibit V percentages are missing.

Article IV of the Declaration of Trust is incomplete.  There were also questions about an easement through the Serena’s parking lot.  In response to a question of Land Court registration, Mr. Lay said both parcels are registered.

The motion to return the application to ZBA for rejection due to the information lacking in the Master Deed Exhibits IV & V, application documents, information included on the plans, including but not limited to septic, well and access easement  carried 6-0.

ANR #05-04 – Lazarus – 85 Chequessett Neck Rd. (Map 14, Parcel 122.1)
As a member of the Wellfleet Conservation Trust, O’Connell recused himself from the meeting.  Gerald Parent disclosed that he had done work for Lazarus years ago, and Al Pickard disclosed that he also has done work for Lazarus. Vice chairman Parent conducted the Board.

Mr. Lay of Slade Associates was representing Maurice Lazarus, Trustee for 85 Chequessett Neck Rd.

Gitlow made a motion to approve ANR #05-04, Harriet Miller seconded.
The motion to approve the ANR carried 5-0.
O’Connell returned to chair the meeting.

Other Business
The draft of a Memorandum of Understanding between the National Park Service and the Town of Wellfleet for the Proposed Herring River Saltmarsh Restoration was considered.  It had been suggested that this might be a way to open up other issues with the NPS.  Access to the municipally owned air strip in the old Camp Wellfleet was of particular interest.  Instead of asking the BOS to try to open up the Herring River MOU to other issues, PB would like to see them enter an additional MOU opening up further lines of communication with the National Seashore.  It was the general consensus of the Board to send a letter to the BOS suggesting the additional MOU. Barbara Gray made a motion to have the BOS send Planning Board a copy of the restoration plan indicated in section 6 of the MOU.  Parent seconded the motion.  The motion to send the BOS the letter carried 6-0.

Ben Gitlow pointed out that Bob Prescott’s presentation coming before the Local Comprehensive Planning Board applies to other cases of access and land ownership, not just the Audubon property.

Mail
Mail included:
~ The LCPCs invitation to the Ice Cream Social to be held July 30 at the Senior Center.  Results of the 20/20 Survey will be presented at that time.
~ Notice of the Charter Review Committee meeting July 18.  The CRC are seeking voters and residents’ ideas for changes to the Charter.
~ Notification of the Draft Harbor Management Plan meeting for Monday, July 11.


Minutes
Chair O’Connell offered an amendment to the minutes of June 1, 2005 which would indicate clearly that Jeff Zinn said there were no changes to the W.H.A.T. application.  O’Connell made the amendment a motion which Parent seconded.
The motion to amend the minutes of 6/1/05 carried 6-0.  Parent made a motion to approve the minutes of 6/1/05 as amended, O’Connell seconded; all voted to approve the amended minutes 6-0.

Gitlow made a motion to approve the minutes of June 15, 2005, O’Connell seconded.  All voted to approve the minutes 5-0-1.

Other Discussions
Members of PB discussed three other matters: Water hook-up charges in the Mayo Beach area; the Attorney General’s notes on agricultural restrictions in the Wellhead Protection District; and possible bylaw violations with the COA coffee shop and sidewalk displays on Main St.

Adjournment
Gitlow made a motion to adjourn; Parent seconded; All approved 6-0.
The meeting was adjourned at 8:25 p.m.

Respectfully submitted,

____________________________    ____________________________
Mary Rogers, Committee Secretary        R. Dennis O’Connell, Chair

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