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Planning Board Minutes 11/16/2005

Wellfleet Planning Board
Minutes of Meeting of November 16, 2005
Town Hall Hearing Room, 7:00 p.m.


Present:        R. Dennis O'Connell, Chair; Ben Gitlow, Harriet Miller, Gerald Parent Alfred Pickard; Rex Peterson, Assistant Town Administrator

Excused:        Barbara Gray, David Rowell
        
Chairman O’Connell called the meeting to order at 7:00 p.m.

Gerald Parent recused himself from consideration of Kerouach Rd.
Kerouach Rd.
Chester Lay of Slade Associates came forward to request the final release of the covenant for Kerouach Rd. He said that the left and right side bankings, which had been seeded by students and teachers from the Orleans Lighthouse Charter School, now were grass covered.  O’Connell made a motion to sign the final release.  Harriet Miller seconded.  The motion to sign the final release of the covenant carried. 4-0-1.

ANR05-07, Cook 2560 State Highway (Map 23, parcel 43)
Mr. Lay, representing the Cook and Atwood families wished to continue this ANR, which PB had approved at its last meeting.  After Mr. Lay discussed with the Building Inspector the Cook’s intention of building a one-bedroom house, he learned that the setbacks for the Commercial District would be applied because the property is partially in the Commercial District and partially in Residential.  The subdivision boundary between the Cook and Atwood properties need to be redrawn to accommodate a new dwelling.  Mr. Lay will come back to PB with this plan at another time.

Mr. Lay suggested a bylaw change which would allow homes built within the Commercial District to be allowed residential setbacks if they were covered by a deed restriction to remain residential.  The Board was receptive to his idea.

PSD 05-01, Cortes, Rte. 6 & Goss Lane (Map 36, Parcels 15, 16, 17, 17.1)
Gerald Parent disclosed that he had talked to Mr. Cortes about taxes, development and attorneys since the last time the Cortes plans had come before the Board.  No one had a problem with this.  Al Pickard disclosed that Mr. Cortes was a boat customer of his.  O’Connell disclosed that, as Chairman of the Conservation Trust, he had conversations with Mr. Cortes regarding the property.

Mr. Lay, representing Mr. Cortes, said that the subdivision plan had been presented twice before, and again he was not requesting action.  Mr. Lay and PB discussed the three entrances owned by the State Highway Department.  He said that Goss Lane of the subdivision was to be 18 ft. wide, including berms.  It is to be paved, not shell as Mr. Cortes had hoped.  He would like to get the road staked before asking Planning Board to do another site visit and consider the Preliminary Subdivision.  

Mr. Lay distributed a Declaration of Trust of the Goss Lane Homeowners’ Association Trust.  PB reviewed the Wellfleet Conservation Commission’s minutes of 5/18/05, which give their recommendations for the subdivision.  Mr. Lay stated that there was no hurry on the preliminary subdivision.

Zoning Bylaws
Rex Peterson reviewed a number of suggested bylaw revisions to determine which ones PB wanted to prepare for Annual Town Meeting.  There was consensus for a bylaw creating a “Central-Central District.”   PB would like to see this go to Town Meeting.

The bylaw requiring PB review of condominium conversions could be changed either by eliminating it or by giving PB some clear criteria for evaluation.

Ben Gitlow said he would prepare material for the next meeting regarding a Rte. 6 Overlay District and a Scenic Road bylaw.

Peterson distributed copies of the Attorney General’s letter to the Town of Chatham with cautions that their Inclusionary bylaw could be challenged.  PB considered this a deterrent in creating a similar bylaw.

Cluster development, now called the “Smart Growth Toolkit Bylaw,” is something to consider, but Peterson said Wellfleet needs new Subdivision Regulations to go with it.  Ben Gitlow did not think that the model bylaw from the towns of Grafton and Newbury’s Open Space Residential Development provisions fit Wellfleet.  The Board spent some time discussing cluster development but would not be likely to have anything ready for ATM.

PB also considered Mr. Lay’s suggestion for setbacks single family residences in the Commercial Zone determined by use, not zone.  

Two bylaw suggestions that had come out of the Lower Cape Planning and Development Roundtable meetings with the Seashore, Eastham and Truro were sliding scale lot coverage and residential site plan review.  The Board was not interested in working on sliding scales.  

PB examined Eastham’s Site Plan Approval bylaws for Special Permits and Residential review.  The Board discussed changing procedure for obtaining Special Permits in Wellfleet.  Both Eastham and Truro require a rejection from the Building Inspector first.  This is something that the Wellfleet ZBA and Building Inspector could consider.  While Residential Site Plan Review interested PB, O’Connell felt it was too big an undertaking to prepare for ATM.  

Minutes of 11/2/05
Harriet Miller made a motion to approve the amended minutes of November 2, 2005.  Al Pickard seconded the motion.  The motion to approve the minutes carried 3-0-2.

Central-Central District
Al Pickard revisited the topic of a Central-Central District.  He was concerned about lots that abut two streets.  O’Connell said that such a district would only include Main St. lots between Holbrook Ave. and Bank St.  He also had concerns about parking needs in this district.

Adjournment
Parent made a motion to adjourn; Miller seconded; all were in favor 5-0.  The meeting adjourned at 8:30 p.m.

Respectfully submitted,

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

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