Wellfleet Planning Board
Minutes of Joint Meeting with the Board of Selectmen
October 19, 2005
Town Hall Hearing Room, 7:00 p.m.
Planning Board Members Present:
R. Dennis O'Connell, Chair; Barbara Gray, Harriet Miller, Gerald Parent, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Excused: Ben Gitlow, David Rowell
Board of Selectmen Members Present: Dale Donovan, Chair; Jerry Houk,
Michael May, Helen Miranda Wilson and Ira Wood
Chairman O’Connell called the meeting to order at 7:00 p.m. Gerald Parent said he would be recusing himself for 335 Main St. discussion, so the order of the agenda was to be reversed. Helen Wilson suggested starting with the agenda item that appeared on both lists – the Water System.
Water System
Wilson said that the Master Plan should be looked at by Selectmen, Planning Board, Board of Health, the Water Advisory Committee, the Natural Resources Advisory Committee and the Board of Water Commissioners. Gerald Parent said that since overall zoning is a Planning Board concern, depending upon water hook-ups, PB could prepare changes to the zoning bylaws keeping the intent of districts intact. However, PB needs months to do zoning bylaw changes and would need to discuss Title V regulations with the Board of Health. Dale Donovan asked if PB could look into regulations if water issues came to Town Meeting. PB could determine if there was no need for further zoning bylaws or possible set up conditions for a big issue. Donovan reassured Barbara Gray that funds would be available for such a study. He also
suggested that PB meet with the Board of Water Commissioners and the Board of Health before beginning. Wilson said that traffic and use of water resources are the limits to growth. She felt that a large municipal water system, because it has potential for greater density, is a PB issue. Planning Board felt that Title V, which has been in place since 1995, covers the issue.
Safe Walkways, Curbing & Handicap Access
Donovan would like to see Planning Board involvement in connecting “walkways” into downtown. Ira Wood pointed out that some people would object to actual “sidewalks.” Wilson said she felt the DPW should keep the edge of the road grade high enough and firm enough for bikes or wheel chairs or baby carriages. She said that speed was the problem in the Central District. Gerald Parent said that handicap access was a matter for the DPW. No one knew the ADA specifications for sidewalk width, but Rex Peterson said he would look it up.
Rental Parking
Selectmen were concerned about enforcement of over-use and parking at rental properties. Parent asked if this was a concern for registering rental properties; he also pointed out that the Health inspector can enforce the numbers through strict BOH regulations. Unless nuisance, hazard and congestion occurs on a street, it is not a PB issue. Ira Wood mentioned that the Chief of Police, who was not at the table, is the authority on “blacktop” law. Donovan did hope if the BOS were to present Town Meeting with another plan to regulate rental numbers, that PB would endorse it.
20/20 Survey – Local Comprehensive Plan
Dale Donovan noted the results that were clear concerns by both the resident and non-resident responders to the 20/20 survey. The two major concerns were land use and concern about growth. Harriet Miller said that that cluster housing was a good bylaw covering less intensity of use. Donovan stated that increased growth means an increase in taxes. Wilson said that as “build-out” occurs the Town will have to start adjusting its Capital Investment Plan.
Route 6
Barbara Gray explained a study of Rte. 6 that she and Ben Gitlow were in the process of conducting. They would like to have ZBA agree to refer Rte. 6 projects to PB. Also their concerns were maintaining foliage, providing clear signage, parking, landscaping in front, curb cuts, and 40% green coverage of lots. Donovan suggested finding out the total number of curb cuts along Rte. 6. There was also much talk about state control of the highway and curb cuts. Helen Wilson suggested a renewed effort to get a right turn only sign for the Marconi Site Rd. light. She recommended that the BOS and PB co-sign a letter requesting this of the Mass Highway Department.
Road Clearing
Denny O’Connell said that Planning Board was working on a scenic road bylaw that required DPW to come before PB for approval or a public hearing before clearing along the sides of the roads. DPW now works within state law, and Wellfleet could create more restrictive regulations for scenic roads. Wilson said she was concerned about the loss of trees and vegetation by the repeated clearing of roads at present. Parent noted that a new bylaw would cover scenic roads; the other roads are within the purview of the BOS.
Planning Board Priorities
Before moving on to 335 Main St., O’Connell asked if the Selectmen had any questions about the PB priority list, which was mostly self-evident. Ira Wood asked about the Central District boundaries. O’Connell explained that there was the possibility of creating a “Central” Central District with zero-front lot lines and lots that were half in the Central District being considered entirely in. Rex Peterson said that Town Counsel considers inclusion of lots with more than 51% in the Central District allowable.
Gerald Parent recused himself from the meeting.
335 Main St.
Dale Donovan said that they were seeking a PB recommendation that allows the BOS to negotiate with Cape Cod 5 Bank to have an easement to create a 2-lane drive-thru window at the bank. From the floor members of the 335 Main St. Committee presented the advantages of the plan. Helen Wilson said although she was in favor of the plan, there were some negatives to consider: the loss of four or five Main St. parking spaces, the increase in traffic and the extra curb cut. Ira Wood said that the bank has agreed to a right turn only exit from the proposed driveway. He also said that the bank would move out to Rte. 6 if the easement for the driveway was not granted.
From the floor Jeff Stewart, ZBA Chair, said that ZBA has heard the drive-thru project. He added that it provides a teller window, not an ATM machine. Also the first parking spot to the left of the exit is a handicap space. From the floor Ann White, 335 Main St. Committee member, related that the 2-lane request is a reduction of 5 feet from the original 3-lane proposal.
O’Connell wanted to know if there was an estimated traffic count for the drive-thru window. PB would need to know what they were approving in terms of traffic before making a decision. From the floor Carl Caruso suggested getting a figure from Bank North on their traffic count. O’Connell said they needed a count of people who use Cape Cod 5. Wilson suggested getting both figures.
O’Connell said that there was a huge safety issue for handicap people and pedestrians with cars crossing over a pedestrian way. He also asked about the bank’s getting a dispensation during the Oyster Festival. Donovan and Wilson said that the street is closed for one day only for the festival.
Helen Wilson asked about parking spaces indicated on the plan that was exhibited at the meeting. From the floor, Elaine LaChapelle said that those spaces were for bank employees. Ira Wood said there had been speculation on parking spaces under a new building at 335 Main St.
O’Connell pointed out further safety issues about the proposed drive-thru driveway which goes up hill. No topography was indicated on the map to give the grade. From the floor, Carl Caruso said that there is a grade drawing available.
Other Planning Board members expressed concerns about the project. Al Pickard asked if the bank was increasing in size. Caruso said that a window area added to the footprint and was a part of the Special Permit. Pickard was also concerned about the yet to be decided uses for 335 Main St. itself. Barbara Gray could not support the parking spaces on the site.
Ann White reminded everyone that no Planning Board member had served on the 335 Main St. Committee for over a year. Donovan suggested that if PB now intended to recommend Warrant Article #2, that they include conditions. This would strengthen the BOS negotiation abilities.
Barbara Gray made a motion that Planning Board approve Article 2 in the Warrant subject to the condition that Planning Board does not approve of open parking on site. Harriet Miller seconded the motion, but Gray then asked that her motion be withdrawn.
O’Connell said that PB could give its recommendation on the floor of Special Town Meeting. Donovan asked that PB reservations be put in writing, which O’Connell said would be enumerated clearly in the minutes of the meeting.
Donovan announced that the Cape Cod 5 would hold a reception with refreshments at 9 a.m. Friday, October 21 to provide more information to the public regarding their proposal.
From the floor, Gerald Parent, who had recused himself from the meeting, made some observations. He said that the focus had been on the exit, but the entrance to the bank drive-thru should also be examined. Also he asked about future parking for 335 Main St. itself if the bank gets the parking spaces. He noted the bank easement proposal is related to the Warrant Article to acquire Gutsy Bender’s and asked the BOS what stance had been taken on acquiring the property by eminent domain. Donovan indicated the BOS desire to use normal, conventional acquisition methods. Eminent domain takings are costly and not easily done, according to Donovan.
Other Business
O’Connell announced a Cape Workshop on 40B developments being offered Friday, October 28 at the Yarmouth Town Hall.
Adjournment
Barbara Gray motioned to adjourn; Miller seconded; all were in favor 5-0.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
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