Wellfleet Planning Board
Minutes of Meeting Wednesday, April 19, 2006
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chair; Gerald Parent, Barbara Gray, David Rowell, Alfred Pickard, Stephen Oliver, Benjamin Gitlow; Rex Peterson, Assistant Town Administrator
Chairman O’Connell opened the hearing at 7:00 p.m.
7:00 p.m. Hearing – DSD #06-04, Cortes, 1165 State Highway Route 6 & 71 & 25 Goss Lane (Map 36, Parcels 15, 16 & 17)
Chester Lay of Slade Associates came forward to present the definitive subdivision for Henry Goss Cortes. Mr. Lay presented new road profiles for the proposed Goss Lane. He also passed out waivers that were in the Form D Covenant. The road plan showed several leach pits with stone around each station. The only waivers were for 18 ft. wide traveled way with berms. The details were in the waivers, Mr. Lay said. The Homeowners’ Association Trust covers all the lots. O’Connell asked about raising grade in portions of the road. The low existing grade is 9.3 and would be raised to 12.1. O’Connell wanted to know if the fill was a Conservation Commission (ConsCom) issue. Mr. Lay said ConsCom was not involved in the road plan. O’Connell asked about getting a
curb cut change from Mass Highways for Rte. 6. Pickard had a question on the catch basins – why they were touching each other. The Cortes house driveway is to be cut off and access will be for the new road layout. Lots 1 and 10 do not have to access off Goss Lane.
Ben Gitlow asked about responsibility for the utilities. This was clear in the Homeowners’ Association Trust.
Barbara Gray was concerned about the bowl and the drainage. Mr. Lay said the water leaches out to the sides after it goes off the road; it goes into the land. Ben Gitlow wanted to know if design was for a hundred year storm. Mr. Lay said it was done for 100-year storm because it is designed for worst case scenario. Gitlow wanted to know if Subdivision Regulations state that roads need to be designed for a 100-year storm. O’Connell said the drainage clause is based on 10- year and 25-year situations.
An abutter Eugene Ayres, representing the Ayres family, came forward with an overlay plan showing his family property and driveway and marsh in relation to the Cortes property. The Ayres property borders the Cortes property to the north. Mr. Ayres read a prepared statement regarding the results of the impact on the area, particularly lots 1, 2 and 3. He requested a buffer zone and fence along the driveway, a restriction on clear cutting on Lot 4, attention to curb cuts on Rte. 6, and a seasonal restriction on building.
Mr. Lay said the Goss Lane curb cuts exist but will be upgraded for the subdivision. In regards to clear cutting, Mr. Lay said if it was within the ACEC there is a one hundred foot no touch zone, which is a ConsCom issue. Mr. Lay would pass on to Mr. Cortes the suggestion of a buffer zone. O’Connell said it would be between the Ayres and Cortes. The PB cannot regulate this.
Barbara Gray, reading from the ConsCom concerns, asked about increases to the nitrate level in Blackfish Creek. She wondered what the developer would do to ensure that additional nitrates would not be put in. O’Connell said this was not within PB control; that would be a Board of Health issue. Mr. Lay said there would have to be test wells before the lots were sold. Gray had more questions about nitrates being kept out of the marsh. Mr. Lay explained requirements of new de-nitrification system.
From the floor, Michael Mamodian, a friend of the Ayres family, asked about summer building moratorium. Parent said that possibly a neighbor could oblige, but there is no regulation for this.
From the floor, John DiBlazio, speaking as an environmentalist not as co-chair of the Conservation Commission, stated that this development impacts the Blackfish Creek environment. He stated it was an environmental issue.
From the floor, Michael Mamodian added that this had been a historic area as well. Mr. Ayers said historically the low point on the road had been used as a watering hole for cattle. O’Connell said there was no vernal pool indicated on the lot.
O’Connell disclosed, as he had done at previous meetings, that he had discussions with Mr. Cortes regarding the property for the Conservation Trust. Chairman O’Connell closed the public hearing at 7:50.
Gerald Parent moved to approve the subdivision with changes being noted in the Declaration of Homeowners Trust. Al Pickard seconded. O’Connell said he had considered a discretionary referral to Cape Cod Commission. The motion to approve the subdivision carried 7-0.
Informal Subdivision Discussion – Portnoy, 60 Way #11 (Map 8, Parcel 44) - previous ANR #80-30
Dee Portnoy came forward to discuss ideas for further subdivision of her property at 60 Way #11 (Map 8, Parcel 44). It had been subdivided from one larger lot in 1980. Access is from Chris Drive and Mayflower Dr. and across an old road that has an easement. Parent said the easement rights were to the Portnoy lot only. Parent suggested that the Portnoys have an attorney look at the easement document. There were access and frontage issues that needed to be resolved if the Portnoys sought to subdivide their property again.
PSD #06-03 – Parkington (Cont.) 30 & 40 Brimmer Lane (Map 46, Parcels
11 & 12)
Chester Lay and Dawn Parkington came forward. The Board discussed road access. There were some utility poles that were indicated on a new plan Mr. Lay presented. O’Connell said PB would like to see a T developed for a turn around. This would prevent cutting trees in the cul-de-sac. Since there is a 40 ft. road lay-out, removing the utility pole and a tree stump would make it easier to put in the turn-around. Ms. Parkington said NStar was going to advise her on the utility poles and the possibility of going underground.
Mr. Lay said he’d like to meet again before seeking PB approval. Barbara Gray moved to approve PSD #06-03 subject to NStar moving power lines and the setting of the T. O’Connell seconded. The motion carried 7-0.
ANR #06-03 – Parent, 615 Chequessett Neck Rd. (Map 19, Parcel 118)
Gerald Parent recused himself but stayed in the room at Mr. Lay’s request. Parent is a trustee on the deed for the property.
Mr. Lay said the Land Court designation of the parcel includes the flats in front of the beach. The owner would like to separate the land portion from the flats. One solution was to cut off a section of beach into a separate lot; this way the flats go with it. The new lot is not a buildable lot. Gitlow moved to endorse the plan as an ANR. Al Pickard seconded it. The motioned carried 6-0.
PSD #06-05 – Daley, 2082 State Highway Route 6 (Map 29, Parcel 129)
Mr. Lay represented the Daleys for the preliminary subdivision of 2082 Rte. 6. Rowell asked about changing the front line to the proposed way. It is presently on Rte. 6, which would become its side yard. The curb cut change would have to be approved by the State Highway Dept. even though the cut already exists. The new road would be paved. Rowell asked if the building would be more conforming or less conforming if the front line changed. There is a building on Map 29, Parcel 128 that will have access issues. Gitlow would be interested in limiting the road access to only two lots. Gitlow was concerned about the 20-acre property to the east. Parent moved to approve PSD #06-05. Gray seconded. The motion carried 6-0-1.
DSD #06-02 – Carroll, 25 Richman Lane (Map 21, Parcel 30) cont.
Mr. Lay brought in a revised plan for Carroll and an updated version of the covenant. This specified that the road would be covered with T-base and would be no wider than 14 ft. Mr. Lay did not have the copies of the plan to sign. He wanted to have this plan supersede any other plan and will prepare the document for the Board to sign at the next meeting.
Minutes of 4/5/06
Parent moved to approve the minutes of April 5, 2006 as amended. Gray seconded, and the motion carried 6-0-1.
Other Business
Ben Gitlow was concerned about two Route 6 properties. The discovery of Broom Crowberry, a protected species, on the storage facility property delayed the project because the developer has had to go to Cape Cod Commission. Gitlow’s concern was the mess left on the ground at the site. His other concern was Kear Circle, which is paved completely. He will examine the subdivision documents on this.
Preparation for Town Meeting
Articles 20 & 21
Because Town Moderator Daniel Silverman will present Article 20 and 21 in combination at Town Meeting, Al Pickard moved to combine Articles 20 and 21. Parent seconded. The motion carried 7-0. Also because the recommendations for Article 20 read 4-1, Gray moved to reconsider that Article and Parent seconded. The motion carried 7-0. Barbara Gray moved to recommend Article 20. Pickard seconded. The motion carried 7-0. Al Pickard moved to recommend Article 21. Gray seconded, and the motion carried 7-0.
Article 22
Gray moved to reconsider and recommend Article 22. Pickard seconded, and the motion carried 7-0.
Article 23
Pickard moved to reconsider and recommend the Article 23. Grey seconded. The motion carried 7-0.
Article 24
Al Pickard moved to reconsider and recommend Article 24. Gray seconded. The motion carried 7-0.
Articles 25 & 26
Scenic Roads Article will be a Planning Board proposal although it is a General Bylaw. Gitlow said there were towns that included scenic roads in their Charters. PB decided that Article 26 on fines could be combined with Article 25.
Gray moved to take full vote and recommend a combined Article 25 & 26. Pickard seconded, and the motion carried 7-0.
Adjournment
Oliver moved to adjourn. Gray seconded and the motion carried 7-0. The meeting adjourned at 9:15 p.m.
Respectfully submitted,
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Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
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