Wellfleet Planning Board
Minutes of Meeting February 15, 2006
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
Chairman O’Connell called the meeting to order at 7:00 p.m. He noted the passing of Harriet Miller, who had been a member of Planning Board for the past few years.
PSD 06-01, Carroll, 25 Richman Lane (Map 21, Parcel 30)
Chester Lay of Slade Associates, Inc. and attorney Ben Zehnder presented the Preliminary Subdivision Plan of Martha Carroll for 25 Richman Lane. A small portion of Map 21, Parcel 29 (Lot 11B) to the north would be added to Map 21, Parcel 30 (Lot 12C) in order to redo the road and create two lots out of Map 21, Parcel 30. The Health Agent set a condition that existing dwellings are limited to a four bedroom total, which the owner is confident that she meets. The boathouse is not considered in this count. Eventually there would be a house built on the new lot which has the accessory building and is a conforming lot. All the abutters have given their approval for the changes. There is a septic easement for Map 21, Parcel 12 on the new lot (Lot 12D). The existing road is not paved; Martha Carroll
would like to keep the road the way it is. The cul de sac is being crossed deeded with a view easement for Lot 10B. David Rowell said that the purpose of the cul de sac is for safety. He thought it would be inappropriate not to have a cul de sac. Zehnder said there is room in the existing configuration for turning emergency vehicles around by using the driveways of Parcels 29 and 30 on Map 21. The proposed new cul de sac area is at the beginning of the downward slope and driveway to the boathouse. Mr. Lay suggested that everyone go look at the road again and continue the discussion at another meeting. Parent asked if new road could be brought into old layout.
Rowell moved to continue Preliminary Subdivision considerations pending a site review. Pickard seconded. The motion carried 5-0.
After an 8 a.m. site visit on March 1 with Mr. Lay, the preliminary subdivision will be continued at the March 1, 2006 PB meeting at 7 p.m. Mr. Lay will have more information about the flood plain at this time.
ANR 06-01, Gisolfi, Elisha Witherell Road (Map 16, Parcels 79 & 83)
Gerald Parent disclosed that he sold this property, but there were no objections to his consideration of the ANR.
Chester Lay presented the ANR for Diana Gisolfi. The plan is to consolidate the two parcels for tax purposes. One lot (Map 15, Parcel 83) was unbuildable because Elisha Witherell Road cannot be extended. Al Pickard moved to deem this an ANR. O’Connell seconded. The motion carried 5-0.
Bank Square Condominium (Map 14, Parcel 182)
The Zoning Board of Appeals had referred the Bank Square Condominium application to the Planning Board for its review. Jean C. Bessette, Lee Ann Fanning and Dorrit Bimbi Jacob, owners of the condominium were represented by Ben Zehnder and Chester Lay. O’Connell asked about the parking spaces indicated on the plan. Pickard pointed out that this was outside of the new Overlay District. Town Counsel can review the documents, O’Connell said. He didn’t see any safety issues. The parking spaces indicated were more than sufficient if they are constructed. Gray said it appears that the area ends at the stockade fence. Mr. Lay confirmed that this was the edge of usable space. Planning Board had no comments to pass on to ZBA except that ZBA should pass the documents to Town
Counsel for review. O’Connell moved to send letter to ZBA saying they should send it to Town Counsel. Rowell seconded. The motion carried 5-0.
Bylaw Changes
From the floor, Ben Zehnder expressed his thoughts on the Condo Conversion bylaw. He said that he favored a good, comprehensive housing bylaw rewrite. Zehnder didn’t think changing Cottage Colony definition would help. The Board discussed with him using a Cluster definition, year-round condominiums through Special Permit and the limited number of cottage colonies in town.
From the audience, Eleanor Hazen asked about mother-in-law apartments. Parent explained figures for affordable units in Wellfleet. Pickard discussed tax incentive for creating affordable housing units under AAUD. Ms. Hazen also asked for more information on the Overly Central District of the south side of Main St which the Board reviewed with her and another member of the audience.
Minutes of 2/1/06
Barbara Gray moved to approve the amended minutes of February 1, 2006. O’Connell seconded. The motion carried 5-0.
Mail
PB discussed the ZBA Variance for Sibilia on Indian Neck Rd. At issue was existing grade and height of the building. The house is now a three-story house and too high. There might still be an appeal period. Two outside lawyers are needed for an appeal because Town Counsel cannot represent ZBA and Planning Board, Rex Peterson said. David Rowell moved to appeal the ZBA decision. Peterson said PB would have to get approval to get the attorneys. Parent said that the Variance was precedent setting for three-story buildings. Parent said a variance is not supposed to be granted without certain criteria for topography. O’Connell said he favored sending a letter to the ZBA, but he didn’t think it advisable to spend money on outside attorneys. Parent said he was firmly
against the variance and would be willing to appeal it. Barbara Gray seconded the motion to appeal the ZBA decision. O’Connell considered going to a ZBA meeting to discuss the Sibilia decision further. Rowell said that ZBA can rescind its own decision. O’Connell will draft letter to ZBA suggesting that they do that and expressing Planning Board’s disapproval of the decision. David Rowell retracted his original motion to appeal, and he moved to send ZBA a letter stating that the Sibilia decision was inappropriate and should be rescinded. Gray seconded. The motion carried 5-0.
Adjournment
Gray moved to adjourn; O’Connell seconded; and the motion carried 5-0.
The meeting adjourned at 8:42 p.m.
Respectfully submitted,
_______________________ ___________________________
Mary Rogers R. Dennis O’Connell, Chair
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