Wellfleet Planning Board
Minutes of Meeting Wednesday, July 19, 2006
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O’Connell, Benjamin Gitlow, Gerald Parent, Barbara Gray, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Also Attending: Dorothy Altman of the Non-Resident Taxpayers’ Association
Absent: David Rowell, Stephen Oliver
Chairman Dennis O’Connell called the meeting to order at 7:05 p.m.
Town Owned Land for Housing Development
The Housing Authority and Local Housing Partnership invited comment on their request for three parcels of Town owned land for housing development.
Freeman Ave. Proposal
Chair O’Connell said this would need a written response but disclosed that he was an abutter to the subject property through the Wellfleet Conservation Trust. O’Connell had Vice-Chair Gerald Parent assume chairmanship. Alfred Pickard disclosed that he owned a house on the other end of Freeman Ave.
Map 14 shows a proposed parcel that combines two lots and obliterates Freeman Avenue. Parent said the Town would have to get permission from every owner in the Taylor Hill subdivision to eliminate the Freeman Ave. Rex Peterson asked if the house could be on one lot, and the septic system on the other lot with the road left in place. The proposal is for a single family house. Parent said homeowners on Grandview St. use the proposed Housing lot for access to their property. The Area of Critical Environmental Concern (ACEC) boundary was also a concern. Barbara Gray suggested having a site visit to the property. Pickard asked if a septic and well study had been conducted and if two homes could be created on two separate lots.
O’Connell commented on all three proposals that the Town should not release the title until septic and well feasibility had been established. Peterson said the deadline for comments was August 11. Planning Board will schedule a site visit August 1 at 8:30 a.m. Pickard asked about the driveway usage of the land. Freeman Ave. could also be taken by eminent domain, but it would take a while, according to Parent. Such a taking, however, would remove access to Grandview St. Gitlow asked if there were any endangered, threatened or species of special concern. He further suggested that this is a question for any subdivision before Planning Board.
O’Connell resumed chairmanship of the meeting.
Coles Neck Rd. Proposal
The second proposal for a minimum of six homes on Coles Neck Rd. evoked questions about frontage and water hook-ups. Barbara Gray said this was a site also had been considered for a Health Care Campus. Gitlow suggested that PB meet with the Board of Water Commissioners to discuss water expansions plans. Parent said a cluster development on the Coles Neck Rd. site would have yielded more units if more public water was available. Peterson said the program was for home ownership. Pickard asked if the proposed lot could run in a different direction so the road frontage was not used. Parent said it was not in the best interest of the Town to give the land away for only six homes. Gitlow thought the original use of the land was for a wastewater treatment facility, but that plan has been dropped. It
also was considered for the senior center at one time. Gray asked if there was another use for this property other than Affordable Housing. This property will be included in the PB site visit on August 1.
Map 23 Proposal
Parent disclosed that he was a close abutter to the subject property of the land on Map 23.
Parent pointed out that most of Parcel 92 and 93 were in steep kettle holes. The access route appears to be Delphi Path, which Parent characterizes as one of the worst subdivision roads. Parent said there was no access from Benjamin Way. Gitlow discussed how Delphi Path came to be developed. Pickard said access to the lots should be established before any Affordable Housing development is considered. Gray wanted to know what solutions Affordable Housing has come up with for access. Peterson said that other Housing properties with access difficulties have come up with solutions, but it took 8 to 10 years. This property will be on the site visit as well. Pickard asked about Parcels 86, 85 and 85.1’s history, which Parent and Gitlow provided.
Chatham Nitrogen Loading Study
The Chatham Nitrogen Loading Study addresses an issue that Ben Gitlow said the Planning Board should take into consideration. This study was distributed to PB members. Parent asked about increased nitrogen loading in Wellfleet in recent years. Parent said the Chatham had a different situation because of their water supply.
Updated ZBL Booklets
The Updated Zoning Bylaws were distributed.
Wellfleet Non-Residents Taxpayers Association Meeting
The WNRTA Meeting Monday, July 31, 2006 will be attended by Barbara Gray, Gerald Parent and Ben Gitlow. Dorothy Altman of the WNRTA said the meeting’s intent was visioning Downtown Wellfleet. Gerald Parent said he’d like to hear from the WNRTA about their vision and desires because they might offer new perspective. Gray complimented Peterson’s presentation at the last WNRTA meeting. Altman said that the WNRTA had appreciated the Local Comprehensive Planning Committee’s study and hoped to build on that.
Fee Schedule
An Orleans comparison study of Outer Cape towns broke down in detail fees collected by Planning Boards. Under state statute, Peterson said the fees can be raised with a public hearing, but the selectmen do not have to approve the changes. Parent believed fees had been only been raised twice in at least twenty years. O’Connell wanted to know what changes PB would recommend. Parent moved to raise the fees to 75% coverage by the homeowner. Gray seconded. The motion carried 5-0.
Section 6.1 (Responses from ZBA and Building Inspector)
O’Connell said he had been examining the Board of Appeals cases of the past year. He is concerned still about constant, creeping encroachment and would like to do further analysis of what has been allowed. He wants to see how far the zoning bylaws are being stretched. Parent said he cannot see making Variances a necessity for non-conforming structures and property. The majority of the town consists of undersized lots, and the ZBA should have leeway, Parent said. O’Connell said he still has a problem with creating new non-conformities on already non-conforming property, but is beginning to accept the Variance argument that Parent presents. PB members discussed language in ZBL for what “will not impair the status of the neighborhood” or what is “more substantially detrimental.”
ZBA had invited PB to come discuss non-conformity issues with them. Parent said that discussing the bylaw with the Board of Appeals would be worthwhile. O’Connell would like to discuss the non-conformity issue with ZBA but not until he had done further research on past cases. Parent suggested sending a letter to ZBA reporting that PB would get back to them for scheduling a discussion.
Cranberry Hollow Rd./Sandy Lane – Objections & Letter from TA
Peterson said the assessor thought there may have been a procedural error in not notifying all the abutters to the entire Cranberry Hollow Rd. about a name change hearing for a portion of the road. This may come before Planning Board at a later date since a property owner on the inner circle of Cranberry Hollow Road is collecting signatures for a petition to restore the name of the entrance way.
Minutes of 6/21/2006
Parent moved to approve the minutes as amended. Barbara Gray seconded. The motion carried 4-0-1
Adjournment
Parent moved to adjourn, Gray seconded, and the motion carried 6-0. 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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