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Planning Board Minutes 09/07/2005

Wellfleet Planning Board
Agenda for Meeting of September 7, 2005
Town Hall Hearing Room, 7:00 p.m.

Present:        R. Dennis O'Connell, Chair; Ben Gitlow, Barbara Gray, Harriet Miller, Gerald Parent, David Rowell; Rex Peterson, Assistant Town Administrator

Absent:         Alfred Pickard
        
Chairman O’Connell called the meeting to order at 7:00 p.m.

Kerouach Rd. Completion
Chester Lay of Slade Associates, Inc., representing Leonid and Inna Chechelnitsky, wanted a full release of the covenant for the 3-lot subdivision (DSD #01-05) on Kerouach Rd. extension.  The reseeding of the left and right banking of the road remains to be done, and the Chechelniskys expect to plant winter rye within the next few weeks.  Mr. Lay wished to receive the release of the covenant subject to a cash bond for seeding the two areas.  The Board did not make a decision because it was reluctant to set a figure for the bond, and the planting is anticipated soon.  
Gerald Parent arrived at the meeting and said he would have recused himself from this discussion.

Porteus Condominium Conversion – 155 & 215 West Main St. (Map 14, Parcel 40 and Map 13, Parcel 219)
Parent disclosed for the record that Mr. Porteus’ son had worked for him, but he was not recusing himself because there was no conflict of interest involved.
Attorney Eric Rasmussen and owner John Porteus came forward to discuss the conversion of his property at 155 and 215 West Main St. into the “West Main Condominium.”  The Board went over a few suggestions for the Master Deed but considered parking spaces the major issue for its recommendation to ZBA.  Because the parking spaces along West Main St. require backing out onto the street, there were sight line issues to consider.  PB’s main concern was safety.
Parent made a motion to send a letter to ZBA recommending that ZBA look at parking off the driveway for Unit 4 and that Unit 2 parking area be analyzed for the potential for parallel parking to West Main St. Gray seconded the motion.
The motion to send the ZBA the parking recommendations carried 6-0.

Planning Board Reviews
Since Town Counsel reviews condominium conversions documents, Chair O’Connell questioned why PB was reading them too.  He would like to simplify the referral process.  Barbara Gray would like other referrals to the Planning Board for projects along Route 6.  Like the condo referrals, Rte. 6 issues deal with health, traffic and safety, she said.  O’Connell agreed to send a memo to ZBA regarding Rte. 6 and a condominium update.  PB members also discussed allowing all Wellfleet condominiums to be year-round dwellings.  Peterson said he would draft changes in the condominium bylaws.

Scenic Roads
Planning Board considered two suggested bylaw changes that Ben Gitlow had prepared.  One called for a hearing before alterations or maintenance on a scenic road; the other called for written approval by the Planning Board without a hearing.  Both made emergency conditions exempt.  O’Connell indicated that he favored having hearings to air opinions before PB decisions. The Board concurred that it would not be ready to meet deadlines for a Special Town Meeting Article and deferred the matter for a while.  Ben Gitlow made a motion to prepare a scenic road bylaw for Annual Town Meeting.  David Rowell seconded.
The motion to consider preparing the bylaw carried 6-0.

Windmills
Peterson said he would scale down the 45-page Cape Cod Commission model bylaw for PB consideration.  He also planned to look into what other towns have on the Cape have done.

Inclusionary Bylaw
Harriet Miller asked the Board to consider the Chatham Inclusionary bylaw for developments of 10 or more units which requires inclusion of an affordable unit, a monetary donation towards Affordable Housing or substitution of an off-site affordable unit.  Peterson promised to check into how the Chatham bylaw is working and find out which of the options developers are favoring.

Other Business
? Cluster developments and the zoning bylaw that deals them were discussed.  Peterson promised he’d check on cluster development bylaws.
? Members asked about the construction of a new storage facility on Route 6.  It appears to be at a standstill.

Minutes
Gitlow made a motion to approve the minutes of August 3, 2005 as amended, Miller seconded.  The Board voted to approve the minutes 6-0.

Mail
Included in the mail were:
- A notice for submission of Articles for Special Town Meeting to be held November 28.  (Planning Board had no suggested Articles.)
- Kopelman & Paige’s memo regarding the Supreme Court decision that the Telecommunications Act does not allow Civil Rights remedies against municipalities.
- Board of Health Findings and Conditions for the W.H.A.T. application for a Special Permit.
-  A memo from the Mass. Audubon Society regarding a modification to the original DRI that was granted by the Cape Cod Commission in 1992.

Adjournment
Gitlow made a motion to adjourn; Miller seconded.  All approved 6-0.
The meeting was adjourned at 8:45 p.m.

Respectfully submitted,

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

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