Wellfleet Planning Board
Minutes of Meeting and Wednesday, February 6, 2008
Senior Center Conference Room, 7:00 p.m.
Present: R. Dennis O’Connell, Barbara Gray, Stephen Oliver, Gerald Parent, Alfred Pickard, David Rowell
Absent: Ronald Harper
Chairman Dennis O’Connell called the meeting to order at 7:00 p.m.
Resigning Carroll Covenant
Ben Zehnder and Martha Carroll were present for a resigning of the covenant for the Carroll subdivision DSD#06-02. They remained for a reading of abutter James Reider’s letter expressing his concerns over septic plans at that site.
Gerald Parent disclosed that he had talked to James Reider regarding his letter
Septic approval is not within Planning Board’s purview, and Planning Board will reply to Mr. Reider to that effect. Mr. Zehnder gave some further background on a lawsuit that Mr. Reider referred to regarding the property line.
Penelope Jencks Letter
Peter Watts was present to discuss a letter dated 1/22/08 from Penelope Jencks of the Bound Brook Island Homeowners Association regarding construction of a large house on Boundbrook Rd. He presented another letter from Superintendent of the National Seashore George Price regarding the “billboard house” at the end of Chequessett Neck Rd. This tear down case is related to the Boundbrook Island tear down which Ms. Jencks and the Homeowners Association are protesting. Attorney for the “billboard house,” Ben Zehnder, who was still attending the meeting, addressed the issue of ZBA review of the new construction.
Peter Watts said his explanation of the Bound Brook case varied from the explanation in Ms. Jencks letter. The issue that he raised was over the definition of “studio” in the Zoning Bylaws. Watts gave background on the Bound Brook lot and its size. Planning Board discussed NPS guidelines for properties within the Seashore and Wellfleet’s Zoning Bylaws, which actually govern construction within the Seashore District. Addressing “mansionization” in the Seashore and the entire town was discussed. Lower Cape Roundtable meetings of Truro, Wellfleet, Eastham and the National Seashore have attempted to address high end development within the Seashore. Barbara Gray stated that the LCPC surveys showed that townspeople did not want to see the “McMansions” in Wellfleet.
Watts suggested adopting an earlier proposed approach to expansion of homes within the Seashore according to a sliding scale method. The Orleans’ requirement for a Special Permit for construction over 4,000 s.f. was also discussed.
Watts expressed his concern about the composition of the Planning Board but also his hope that the Board would do something regarding the zoning issue. O’Connell stated that members had been individually vetted by the Board of Selectmen, and further O’Connell felt that the Board’s members had functioned professionally.
Norwell Case
Judy Taylor of the Local Housing Partnership said she was present on a related issue – the Norwell tear-down case, “J. Stephen Bjorklund vs. Zoning Board of Appeals of Norwell.” She expressed the need for the diversity of income levels in Wellfleet and having affordable housing stock available. She read from the case and said she would like to see zoning bylaws which addressed keeping a supply of affordable homes. O’Connell said there was little that can be done to prevent improving property and increasing its value, thus eliminating affordable housing opportunities. O’Connell said that a proposal would have to be presented for consideration in order for Planning Board to deal with the issue.
Gray discussed the importance of the Norwell case. Mr. Zehnder said the earlier Bransford case was a more important case regarding houses on undersized lots. O’Connell mentioned that the accessory affordable unit bylaw did a lot for affordable housing stock in Wellfleet. Parent said the majority of the tear downs are done on lots that don’t come close to being affordable.
Judy Taylor said she would appreciate any help from Planning Board to encourage the creation and preservation of affordable housing. Parent expressed the importance of having affordable housing available in Wellfleet. Using state 40B law as well as local zoning bylaws is possible, Parent said.
Request from Open Space Committee
O’Connell disclosed that the Conservation Trust owns abutting land, and Pickard disclosed that a large percent of his income came from use of the Marina.
Open Space had requested comments on two Town owned lots (Map 28, Parcels 80 & 82) for placement of the land under the control and management of the Conservation Commission. Alfred Pickard discussed the use of the land for dredging materials. He said the land had been purchased for dredging purposes. Parent moved to wait until comments from other committees came in before making Planning Board’s comments and recommendation on the proposal. Oliver seconded, and the motion carried 6-0.
Nonconforming/noncompliant bylaw
Planning Board decided to go forward with the original language of Dec. 3 draft of Zoning Bylaw 8.2.2. with an added definition for noncompliant structures. Also reference to § 6 is to be removed from 8.2.2. There was agreement that clarification of the term noncompliant would help the Building Inspector with his permitting decisions for noncompliant and nonconforming structures. O’Connell stated that his prior impression was that the past language, to which we are now reverting, would not expand legal rights, only lead to administrative ease. However, it sounded like this revision would allow more rights to a noncompliant structure. Communications from Bruce Drucker of the ZBA and Town Counsel Mary Giorgio were considered in selecting the language for the bylaw.
There will be a public hearing March 19, 2008 after the Board of Selectmen have reviewed the Zoning Bylaw changes.
Scenic Roads
Barbara Gray had recommended increasing the number of scenic roads, and a list of suggestions was considered. Designation as a scenic road protects road layout. Gray moved to forward the scenic road approvals to Town Meeting. Parent seconded. Ben Zehnder asked about the impact on driveways when roads are designated as scenic. Permission to cut trees along a scenic road comes before the Planning Board. Rex Peterson will write up the proposal as an addition to Wellfleet General Bylaws for the Warrant Article. Gray moved that the new scenic road list be included on the April Town Meeting Warrant and at the Mach 19 Hearing. Parent seconded, and the motion carried 5-1.
Fire Department letter re: Starfish Circle
Fire Chief Daniel Silverman had submitted a letter to Planning Board asking for reconsideration of the request for naming a road Starfish Circle. The road in question is entirely within the boundaries of Starfish Vacation Village (Map 29, Parcel 127) and had been considered by Planning Board to be a driveway, not eligible for designation as a road. The frontage issue was reviewed. Planning Board discussed the naming of easements and driveways. The fire department needs to work out numbering since they are working on a GPS mapping system for enhanced 911 calls. Paul Finn will be invited to a future Planning Board meeting to discuss solutions for numbering at Starfish Vacation Village.
Minutes of 1/16/08
Gay moved to approve the minutes of January 16, 2008. Parent seconded, and the motion carried 6-0.
Other Business
Mary Giorgio, Town Counsel had given her written opinion on Captain Higgins expansion by Special Permit from the ZBA. Captain Higgins also had a follow-up email from Bruce Drucker. The issue of alteration/expansion on nonconforming commercial property will be discussed at another meeting.
For Planning Board’s information, Town Counsel Giorgio’s comments on the ZBA’s consideration of a Special Permit for Neighborhood Auto Repair Shop at 1500 State Highway were also included in the mail.
O’Connell asked about having Planning Board receive copies of all ZBA cases that go to Town Counsel for opinions. This will be discussed further at another meeting.
Adjournment
Gray moved to adjourn. Parent seconded and the motion carried 6-0. The meeting adjourned at 9:37 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 3/5/08.
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