Wellfleet Planning Board
Minutes of Meeting and Wednesday, March 5, 2008
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Barbara Gray, Stephen Oliver, Gerald Parent, Alfred Pickard, David Rowell; Rex Peterson, Assistant Town Administrator
Absent: Ronald Harper
Chairman Dennis O’Connell called the meeting to order at 7:00 p.m.
Road Numbering for E911 (Starfish Properties)
Paul Finn of the Fire Department came forward to discuss Emergency 911 road numbering for Starfish Properties. Chairman O’Connell gave some background information on Planning Board’s decision not to go forward with a road name change for their driveway. Paul Finn said that Starfish Vacation Village was no different from some other properties that are totally on one parcel. Finn said that Starfish could amend their condo documents assigning numbers for E911 purposes. Finn enumerated street names that were not created by subdivision. He also had a list of easements that the Fire Department has names for. Finn said the trailer parks, which are single lot properties, have street numbers that match phone book records. He pointed to the streets and numbers that he had compiled into a booklet in
an effort to assign E911 numbers throughout town.
Parent discussed PB’s intention not to name driveways. Finn asked about town signs for private streets. Finn said some of the driveways on Route 6 have road name signs. Easements are better off with names, according to Finn. He cited Oriole Lane as an example of an easement. He gave other examples of easements that had names. Parent suggested use of the word easement or driveway with a name.
From the floor, Ben Zehnder asked about PB’s authority to name roads, which is state designated. Zehnder discussed aspects of road adequacy that PB didn’t want to be responsible for. Finn said PB was in charge of naming roads to avoid repetition of names and offensive names.
Parent said PB could still coordinate names without creating legal roads through subdivision law. Finn will refer problem situations to PB. Starfish Properties can call their road “Starfish Driveway” without coming to Planning Board after they clear it with the Fire Department.
Finn asked that PB amend the rules for naming roads. O’Connell said he would not recommend calling everything an easement because legal easements must be filed at the Barnstable Registry. Rex Peterson will draft an amendment to the Road Naming regulations.
Recommendation on Disposition of Town-owned Property (Map 28, Parcels 80 & 82)
Jan Plaue was present to discuss placing the Town-owned property under the jurisdiction of the Conservation Commission. Plaue said the Shellfish Advisory Board intends to invite ConsCom, Open Space, NRAB to discuss use of beaches, particularly this access area to Chipman’s Cove. David Rowell said the land originally had been bought by the Town for dredge purposes. Pickard said the land was still needed for future dredging deposits. Plaue said that changing the status does not change the use of the land, but it would require permitting by ConsCom to place dredge spoils. Rowell said that calling the land “Open Space” would create a future obstacle to using the land for dredge spoils. Plaue had a letter from the Health/Conservation Agent to the effect that dredge spoils could be placed on
the land with proper permitting.
Plaue discussed types of sand that would be allowed as specified by John Portnoy. Plaue said any other change of use would have to be approved at Town Meeting. Plaue stressed the protection of a barrier beach in case of storm surge.
Parent asked what difference a change in guardianship would make in a six month period if this passed at Town Meeting. Plaue said that land under the control of ConsCom would be inspected annually, and violations of use would be monitored more carefully. If the land is designated as conservation land, it is kept from development. Rowell said that more boards should weigh in with their opinion, but O’Connell pointed out that they had had their opportunity.
Gray moved to endorse the Open Space recommendation and send it forward. O’Connell seconded. Pickard said he thought that this was the largest piece of property that would be given to the Conservation Commission. O’Connell noted that the Conservation Trust abuts the land and disclosed he is Chairman of the Trust. Plaue said that none of the boards responding had a problem with Parcel 82. Oliver discussed Parcel 82 as a possible alternate location for the dredge spoils. Pickard discussed the use of Parcel 82 as a dewatering place, rather than a location for dredge spoils. Rowell said that labeling the land as “Conservation” would scare people off from using it for dredge spoils even with permits.
Plaue said the purpose of the guardianship of the land by the Conservation Commission is for protection of the harbor and Chipman’s Cove. Zehnder asked if the bathing beach area of Parcel 82 would be affected, but Plaue said passive recreation would still be allowed.
Oliver wanted more information. Rex Peterson said he could get an opinion on the land for March 19, 2008. The recommendation is needed in order to place on the Town Warrant. The Marine Advisory Committee will be contacted for their input. Rowell said the land had been bought for a substantial amount of money. Gray tabled the motion until March 19, 2008.
Private Property within the Seashore
Cape Cod National Seashore Superintendent George Price and Seashore Planner Lauren McKean came forward to discuss some of the main points of Superintendent Price’s February 28, 2008 letter to the Planning Board. Price gave historic background to the “billboard house” at 1440 Chequessett Neck Rd., a house which is about to be demolished and replaced with even larger structure. No safeguards had been put in place since the earlier also controversial change in the property. Price had contacted Town Counsel who recommended a ZBA review.
Price said he believed that there was a mutual understanding that private properties within the Seashore be protected under zoning bylaws. Alteration now includes demolition and rebuild in its definition in zoning bylaws. Because this is legitimate, the Building Inspector is able to issue a permit. Lauren McKean discussed volumetric increase in the structure. She asked that Planning Board consider the provisions on nonconforming structures that are material to the case. Price said that the NPS research of the property had considered erosion at the site. He also said that the Seashore is interested in the natural resources.
O’Connell asked about the nonconforming nature of the property. He explained PB policy that did not require the project to go to ZBA. Pickard stated that undersized lots did not automatically have to go to ZBA. Ben Zehnder cited the Norwell case which affirmed the Bransford case on nonconforming structures that are rebuilt. O’Connell said policy, rather than bylaw, has governed what is referred to ZBA. However, after reviewing the relevant sections of the ZBL, O’Connell could see that this is a relatively straightforward interpretation.
Zehnder said the zoning bylaws needed to be clarified.
Parent disclosed he was the builder of a house at Cahoon’s Hollow Rd. at the Beachcomber that was mentioned in a discussion of rebuilds. Parent gave the history of the Building Inspector’s ruling on the property based on the setback conformity. Parent said that ZBL was written to cover the many Wellfleet properties that have nonconformities.
Parent said he did not have answers to Price’s questions on zoning bylaw changes since 1966. Parent doubted that there were documents from the National Seashore on bylaw changes until recent years. Price returned to the definition and common sense meaning of “alteration” that has changed in the bylaws. Price is unaware if the Park Service has approved any changes in the bylaws. Barbara Gray said in Town Counsel’s letter of October 2, 2007, Mary Giorgio cites teardowns in her letter case by case.
Peterson said he will find out if a permit has been issued for 1440 Chequessett Neck Rd. Gray said she would like to see an Overlay within the Seashore District. She suggested going forward with some reasonable recommendations. It could be like Eastham’s 50% expansion allowance or it could be by lot coverage, she said. Gray also said that if there is an appeal, it would go forward without PB involvement.
Ben Zehnder discussed the Blasch house in terms of what is allowed in Wellfleet. Zehnder was concerned about the implication that the Seashore could take away every suspension of condemnation certificate. Zehnder cited the original minimum standards and the guidelines. He read from the number 1 - C1 and 2 in the standards. Zehnder said Wellfleet ZBL does not conflict with the Seashore standards. The Secretary of the Interior has never revised the standards, he said.
Zehnder stated that the zoning bylaws should be revised to address the maximum size of houses in the Seashore. Steve Oliver said if PB was to do that, it should take into consideration the entire town, not just the Seashore District or an area of the Seashore.
George Price said that property outside the Seashore District it is not his business; however, the Town and Park have mutual goals. He said the original standards were minimum, not intended to be all inclusive. He cited the bylaw guidelines, which had originally been believed to be the law. Wellfleet and Truro did not adopt the guidelines as Eastham had done. There was an understanding that change would happen. Price said his job is to work with the communities as he is now doing with Truro and hopes to do with Wellfleet as well. He stated that he is not interested in pulling certificates of non-condemnation.
O’Connell explained the workshop nature of the Roundtable meetings with Eastham, Wellfleet, Truro, Provincetown and the Seashore, and said he was encouraged by what he had heard there.
Pickard said he still believed in having a sliding scale for properties, especially the small lots, inside the Park. Parent discussed Orleans’ 15% lot coverage. Going beyond that coverage requires a Special Permit, he said. Parent said Wellfleet could control development by a reasonable amount. He said Wellfleet needs to establish its own criteria for the whole town as well as the Seashore District. Parent expressed an interest in bringing money into the Town while still protecting the environment. He said people are pushing the zoning limits of construction within the Seashore.
Lauren McKean said that she and George Price were asking for a specific review of the Blasch case. She asked that Town Counsel look at the case and that Planning Board also interpret the bylaw. McKean was interested also in Wellfleet Zoning Bylaw history and how the alteration definition changed.
O’Connell said he believed we should be going forward instead of backwards into bylaw history. Peterson said he felt that a decision by the Building Inspector was at issue in the Blasch case. Town Counsel should not be second guessing the Building Inspector, Peterson said. Zehnder requested that any letter regarding be the case be cc’d to him.
Parent moved that PB write a letter to the Seashore stating that ZBL 6.1 and 6.1.5 are clear and that the Building Inspector was justified in issuing a permit based on the opinion that the structure was conforming. Gray seconded. McKean asked that PB elaborate. Zehnder said that Planning Board should not be responding in a role that belongs to the ZBA. Price said they were asking that Planning Board recommend that ZBA consider the case. O’Connell said he understood the Building Inspector’s logic. Zehnder said the nonconforming structure was being removed from the property. O’Connell said that Planning Board did not have anything to refer. Peterson noted that the Building Inspector was also the Zoning Enforcement Officer.
Parent withdrew his motion to send the letter, and Gray withdrew her second.
Planning Board decided it would respond, as a courtesy, to the Seashore’s letter without getting involved in the specific case. In regard to researching changes in definition of alteration, that they would leave up to the Seashore.
Price said he needed to know where he would go with the particular property at 1440 Chequessett Neck Rd. He said that if the house gets constructed, the Park has let down its constituency. Price said that because of the many homeowners who have been conscientious about the original intent properties within the Seashore are especially spectacular and vulnerable. He expressed his unhappiness with how the federal government is unable to protect the National Seashore.
Parent discussed different types and attitudes of homeowners within the Seashore. He mentioned people who are putting conservation restrictions on their property inside the Park. Pickard asked about sizes for different size lots. McKean said they have been working with Truro on a sliding scale for various size lots. Truro may be prepared to go forward with bylaw changes in fall. Parent said he was seeing a more open attitude away from the guideline to a mutually agreed upon laws in his meetings with the Roundtable.
O’Connell said he would like to see a position letter from the Planning Board ready for the Seashore’s Tuesday night meeting with the BOS. Planning Board will not be contacting the BI or ZBA. O’Connell is not in favor of researching the ZBL history.
Parent said it would be better to proceed with zoning bylaw in Wellfleet, not come in with a threat of federal overseeing. Gray announced that the Forum would be holding a meeting on issue at its next meeting.
Parent moved to send a letter that 1.) explains why Planning Board has no quarrel with the Building Inspector’s decision, 2.) says Planning Board has discussed the situation with the Seashore at Roundtable meetings and its own meeting and 3.) plans to continue working with the Seashore on the bylaw revision. Pickard seconded. The motion passed 6-0.
O’Connell indicated that he could not attend the BOS meeting March 11, 208, and Parent said he would go to the Board of Selectmen’s meeting as a Planning Board representative. Gray and Rowell said they would also attend. Zehnder said that the Cape Cod Commission will also be invited to the BOS meeting.
O’Connell called attention to the file of letters against the Blasch house. Lauren McKean had copies of material which will be distributed to Planning Board.
Other Business
Ben Zehnder said that there must be a hearing for his petitioned article regarding zoning for restaurants in the Central District. Parent discussed the technicalities of Special Permit requests. Zehnder said he would be at the public hearing, which will be scheduled for April 2, 2008. Zehnder addressed another question on parking for restaurants in downtown Wellfleet.
Mail
O’Connell read for the record a letter from James Reider regarding the fence around the easement to his septic system. Planning Board will respond again that action on this is not within their purview
Minutes of 2/6/08
Gray moved to approve the amended minutes of February 6, 2008. Parent seconded, and the motion carried 6-0.
The meeting adjourned at 9:45 by consensus.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
These minutes were approved by Planning Board at its meeting 3/19/08.
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