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Planning Board Minutes 12/07/2005

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


Present:        R. Dennis O'Connell, Chair; Barbara Gray, Gerald Parent, Alfred Pickard, David Rowell; Rex Peterson, Assistant Town Administrator

Excused:        Ben Gitlow, Harriet Miller
        
Chairman O’Connell called the meeting to order at 7:00 p.m.

ANR 05-07, Cook 2560 State Highway (Map 23, Parcel 43)
Chester Lay of Slade Associates, Inc. represented the Cooks.  He presented a plan with the same line but corrected language from the 11/3/05 plan.  The new plan is dated 11/17/05.  Barbara Gray moved to deem it an ANR.  David Rowell seconded and all approved the motion 5-0.

Al Pickard spoke about showing changes of property lines, roads, etc. through color coding on the Assessors’ Atlas.  This is customary procedure in Provincetown.

Bylaw Changes:

Article A - Main Street Overlay District
A public hearing will be scheduled for March 1, 2006 for the proposed bylaw changes. This will allow time for ZBA, the 335 Main St. Committee, the Historic Commission and the Board of Health to comment before the hearing.

After discussing expanding the bounds of a map prepared by the Cape Cod Commission dated Dec. 2, 2005 and a color-coded copy of Maps 14 & 15 from the Assessors’ Atlas, the Board decided instead to limit the extent of the Overlay District.  The proposed changes now apply only to the south side of Main St. from Bank St. to Holbrook Ave.

Section 9.2.1 will now refer to “a portion” of Wellfleet’s village center.  Section 9.2.2 will specify “south side.”  Setback requirements (9.3.2) will state that the front setback may be reduced to a zero line.  The 6’ sidelines and 15’ rear setbacks would be allowed.

Building Coverage (9.3.3) was proposed at 50%, but Rex Peterson will check into this further because there were questions about 50% being too much.


David Rowell suggested several changes in Allowable Uses (9.5).  The proposals which the Board agreed upon would change the Bylaws’ Use Schedule.  Permitted Uses in the Overlay District would include: Conversion of Dwelling Unit, Multiple-Family Dwelling, Private Guest House, Public Guest House, Inn, Nursing Home, and Restaurant.

Article B – Condominiums
Because Town Counsel reviews the condominium documents, Planning Board does not feel a PB review of them is needed.  However, Planning Board will still advise the ZBA on matters of public safety, parking, traffic, ingress and egress to property and any impact on abutters.

In light of the need for affordable housing, Gerald Parent felt it was appropriate to revisit the seasonal use restriction.  O’Connell said that seasonal condominiums could reapply for new Special Permits.  The definition of Cottage Colony also needed to be tweaked.  The Board suggested that number 1 be dropped from 6.11 Condominium and that the Cottage Colony definition read: A group of two or more detached dwellings located on the same lot, each containing one dwelling unit only which is designed for independent family living including cooking facilities.  Each unit shall contain not less than 550 sq. ft. of floor area.  This would ensure that the size met Title 2 requirements for habitable space for a single family dwelling, especially for year-round affordable housing.

Article C – Minimum Yard Requirements
This bylaw proposal would increase front yard requirements on Route 6 to 100 ft.  except when there is a permanent deed restriction.  Rex Peterson will check with Town Counsel about the maximum number of years in order to avoid a blind restriction, which sets a 30 year limit.

Article D – Central District Parking
Al Pickard said that adding section 6.3.14 was a huge step for improving parking, but he didn’t think it would solve all the parking problems.  O’Connell was concerned with abutter notification, but hearings for Special Permits require this.

Article E – Scenic Roads
Rex Peterson read an e-mail from Ben Gitlow concerning Section 6.24 Scenic Roads.  Peterson had based 6.24 on MGL c.40, § 15C.  There was a question about payment for abutter notification for a public hearing.  Peterson said that proper notice would be given to immediate abutters by first class mail.

CPC Needs List
Barbara Gray named two properties she would like to seen included for Open Space consideration on the Community Preservation Committee’s list of needs from the Planning Board. She asked that a memo be sent to the CPC concerning the Cortes property at Goss Lane and Route 6 and the Townsend property off Route 6.  Both properties abut wetlands.

Minutes of 11/16/05
O’Connell moved to approve the minutes of November 16, 2005, Parent seconded, and the motion to approve the minutes carried 3-0-2.
Next Meeting
The next meeting will be held January 18, 2006.  This will allow time for a final draft of the Bylaw Changes to be presented to the Planning Board, others to review the changes, and a hearing to be set for March 1, 2006.

Other Business
? David Rowell asked if there were variances for people who don’t quite meet the financial guidelines for Affordable Housing.  Peterson reported that he strictly follows HUD guidelines.

Gerald Parent recused himself from the meeting.
? Chairman O’Connell said that he would attend the ZBA meeting Thursday, Dec. 8.  He anticipated that the Cape Cod Five Cents Savings Bank was going forward with its request for variances and special permits for an easement at 335 Main St.  He reviewed Planning Board objections, which were sent to the ZBA at the time of its discretionary referral.  PB concerns were the disruption of the pedestrian way in downtown, giving up the best part of the 335 Main St. site, and a zoning mechanism that was not yet in place.  O’Connell questioned the justification for a variance.  Barbara Gray stated that although she had not opposed the easement, she did support O’Connell’s plan to bring PB objections to the ZBA once again since there had been nothing to notify the public that the Board of Appeals was continuing the hearing.  O’Connell, by consensus of PB members, had approval to represent the Board.  He asked that anyone else who could be there attend the meeting also.

The meeting adjourned at 9:45p.m.

Respectfully submitted,

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

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