Wellfleet Planning Board
Minutes of Meeting of March 1, 2006
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O'Connell, Chair; Barbara Gray, Gerald Parent; Rex Peterson, Assistant Town Administrator
Absent: Ben Gitlow, David Rowell
Dennis O’Connell called the hearing to order at 7:00 p.m. The purpose of the hearing was to review bylaw changes that will appear as Town Meeting Warrant Articles.
Main St. Overlay District
O’Connell explained the establishment of a Main St. Overlay District, the Special Permits, setbacks, landscaping, pedestrian access, parking requirements, and allowable uses for the south side of Main St. The Overlay District would also deem any use a Development of Significant Impact. From the audience, Robert Costa asked about the rationale behind the changes. Gerald Parent explained that all the properties were pre-existing, non-conforming. Costa questioned parking requirements. From the floor, Ben Zehnder asked about uses, specifically restaurants. Parent said the majority of the article is geared to 335 Main St. Parent also discussed restaurant use. Zehnder also asked about 6.3.13 Development of Significant Impact designation for any use and its impact on smaller businesses. Parent
said that Special Permits would stay with ZBA, but Planning Board would like projects referred to it first. The intent of DSI is to have a Planning Board review. From the audience, Dan Silverman asked about selection of south side of Main St. only as the Overlay District. O’Connell said that this may be a first step, but other expansions of the concept were discussed; however, it was felt that this particular area has reasonably distinct characteristics. Pickard said properties on the north side of Main Street had more upland space.
Planning Board, with some input from Ben Zehnder, made changes in language in bylaw sections: 9.2.2; 9.2.4.1; 9.2.4.2; 9.2.4.2 (c); and 9.3.2.
Parent moved to make changes in the Main Street Overlay District Article as noted. Barbara Gray seconded. The motion carried 4-0.
Barbara Gray moved to recommend the Main Street Overlay District Articles
A & B. Parent seconded. O’Connell read into record a letter by Robert Costa regarding concerns about creating the Main Street Overlay District and an outline of his vision of what could be done to revitalize downtown. The motion to recommend the Main St. Overlay District carried 4-0.
Article C - Condominiums and Cooperatives
Section 6.11 is being deleted. Ownership of property cannot be regulated, according to Town Counsel. Robert Hankey asked about year-round usage. Condominium documents go on record; Board of Health reviews change of ownership automatically. The Article change makes the condominium conversion a “by right” process. From the floor, Dan Silverman suggested printing the entire passage with a strike through, which PB agreed would clarify the deletion. From the audience, Mark Berry asked about cottage colony definition. O’Connell said the cottage colony definition is remaining the same at this time. Zehnder asked about PB not addressing the seasonality issue. O’Connell acknowledged receipt of e-mails in support for year-round usage from Starfish Village owners Pat Behan,
Buzz and Nancy Linnehan, Gerard M. Reilly, Marie Jackson, William and Norma Greiner, and Joyce Tolken. O’Connell indicated that Planning Board had discussed this issue but felt that there are many possible consequences to such a change, so the Board was not read to act upon it.
Parent moved to approve the deletion of Section 6.11. O’Connell seconded. The motion carried 4-0. Planning Board voted 4-0 to recommend Article C to Town Meeting.
Article D - Minimum Yard Requirements
O’Connell explained that there was a new column and the footnotes for the Overlay District in 5.4.2 Minimum Yard Requirements. From the floor, Chet Lay made a suggestion for the footnote #3. Parent moved to make changes to footnote #3. Barbara Gray seconded. Another change was made to footnote #1.
Parent withdrew his motion regarding changes to footnote #3.
Parent moved to accept Article D as amended. Al Pickard seconded. The motion carried 4-0
Pickard moved to recommend Article D as a Town Meeting Warrant Article. O’Connell seconded, and the motion carried 4-0.
Article E - Central District Parking
Ben Zehnder suggested making a few changes in language which PB agreed to do. Gray moved to accept Article E as amended. O’Connell seconded. The motion carried 4-0.
O’Connell thanked all the participants from audience and closed the hearing at 8:40 p.m. When the meeting resumed after a short break, Steve Oliver, who might join Planning Board, was introduced.
Carroll Preliminary Subdivision #06-01(cont.)
Chet Lay of Slade Associates and Ben Zehnder came forward to represent Martha Carroll. Mr. Lay presented a plan that indicated how a turn-around could be laid out for the proposed subdivision of 25 Richman Lane (Map 21, Parcel 30). Ben Zehnder said adverse possession rights for the road have been established over the years. Rights to trim and maintain the road are included. Parent said north side probably will need to be trimmed. Ben Zehnder said that would be as required by the Town. A turn-around spur of 30 ft. in two directions was indicated on plan. The radii could be made larger, according to Lay. The turn out could be stone on T-base, he said. The road will remain private. The remaining part of the road will stay as is as a driveway. The “paper” cul de sac will
remain for frontage. Lot 12C is subject to BOH inspection for a bedroom count. Gray was concerned about improving the road surface, which could be a condition for approval. Mr. Lay exhibited the flood plain line. Mr. Lay said he will prepare a supplemental plan to submit with the definitive plan. The power, he said, would be brought in underground from an existing utility pole. No new poles would be needed.
Gray moved to approve PSD 06-01 subject to road improvements regarding the turn-around and surfacing with understanding that the cul de sac will not be constructed. Pickard seconded. The motion carried 4-0.
Sueko Hall
The Definitive Subdivision plan #03-01 for Sueko Hall at 151 Hamblen Farm Rd. was approved in 2003; however, Chester Lay asked Planning Board to re-sign an already approved plan. PB complied and signed the same plan.
Sibilia Variance
At their Thursday, March 9, 2006 meeting the ZBA will schedule agenda time for Planning Board to discuss the Variance granted to Joseph and Claire Sibilia for 185 Indian Neck Rd. O’Connell urged PB members to attend the meeting.
Minutes
Gray moved to approve amended minutes of February 22, 2006. Pickard seconded. The motion carried 4-0.
Adjournment
Pickard moved to adjourn, Gray seconded, and the motion carried 4-0.
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chair
________________________Date
| 
