Wellfleet Planning Board
Minutes of Meeting and Wednesday, May 7, 2008
Senior Center Long Pond Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Barbara Gray, Stephen Oliver, David Rowell, Alfred Pickard, Gerald Parent
Absent: Ronald Harper
Chairman O’Connell called the meeting to order at 7:00 p.m. He outlined the intent of the Open Session for public comment and the working session for the Planning Board.
ANR # 08-06, Kallen & Sterling, Marsh End (Map 8, Parcels 263 & 264)
O’Connell disclosed that he is an abutter as president of the Board of Trustees of the Wellfleet Conservation Trust. O’Connell noted that the applicant may want him not to recuse because there would no longer be a quorum. The applicant requested that O’Connell stay on the Board for this application.
John Demers from Felco came forward to present the Clover plan for consideration. Each lot is to exchange an equal piece of land with the other lot.
Gray moved to deem the plan an ANR. Oliver seconded, and the motion carried 4-0.
Release of 1994 Covenant for Goss Lane in 2007 Covenant
Chester Lay of Slade Associates came forward to explain the need for the release of the 1994 covenant for Goss Lane. Parent moved to approve the release the 1994 covenant for Goss Lane. Gray seconded, and the motion carried 6-0.
Preliminary Subdivision #08-02, Clover, 130 Old County Rd. & 0 Off Old County Rd. (Map 30, Parcels 67, 67.1 & 67.2)
Mr. Lay presented the Preliminary Subdivision plan for Ralph H. and Dorothy H. Clover. The proposed subdivision would create 5 lots. The PSD decision will be continued after the Planning Board goes on a site visit with Mr. Lay. There was a discussion of the land restricted according to MESA guidelines. Mr. Lay will bring a MESA sample to the continuance May 21, 2008. The site visit will take place Wednesday morning, May 21 at 8 a.m.
Preliminary Subdivision #08-03, Atwood, 2155 Old King’s Highway
(Map 16, Parcel 138)
Mr. Lay presented the plan for Clifford and Madelyn C. Atwood. The subdivision would create two lots out of the existing parcel. The unpaved roads and There the trees in the area that would be disturbed for underground power lines were discussed. Comments from the other boards were read.
Parent moved to approve PSD #08-03. Oliver seconded, and the motion carried 6-0.
Site Plan Review – Open Session for Public Comment
Bob Costa had questions about language in the current draft. He also questioned the overall purpose of a Site Plan Review (SPR) bylaw. Costa and Lauren McKean of the National Parks Service also discussed notification to the Seashore for building alterations on property within Seashore boundaries. Notification of other boards was also considered. Griswold “Gooz” Draz said he had researched building permits from 2005 to 2007 for new houses and additions and gave statistics of those which would have triggered a Site Plan Review. Although he noted that there were some limitations on the relevance of the data he could research, Draz felt there was a very limited number of possible case for SPR given the current draft criteria. Lauren McKean recommended two aspects of Eastham’s SPR: 1.) having
two different size triggers and 2.) site coverage. She also said she favored different standards for different areas of Town based on the Seashore, ACEC and Wellhead Protection Districts. This could be written into the bylaws, McKean said. She was most interested in the thresholds at this time, however. Required submission, she said, could include neighborhood character. Martha Hevenor of the Cape Cod Commission reviewed her comments which she had sent in advance regarding the Wellfleet SPR draft. She discussed SPR by right, Eastham’s “cooperative” applicants; the power of PB to deny an application; 2,000 square foot triggers and small lots; a more restrictive over sight process within the Seashore; 50% expansions by right; and Special Permits for expansions over 50%. Lauren McKean discussed properties that would not be captured by SPR. McKean said there might be an additional tier needed.
SPR Draft Bylaw – Working Session for Consideration by Board
O’Connell read Martha Hevenor’s letter into record and gave a summary of Ronald Harper’s email on Site Plan Review. Harper had suggested establishing the Seashore Guidelines as zoning bylaw. Rowell recommended that Wellfleet Planning Board members attend an Eastham PB meeting to see their SPR process in action.
Planning Board continued to wrestle with its own SPR draft taking under consideration: lot coverage; sensitive areas as criteria; a Waterways Overlay District; bylaws for the entire town or just the Seashore District; ZBA process; assurances to the public about future big homes; not going back to the 50% Seashore Guidelines; and the number of Special Permits required at present.
Oliver said having SPR and a Water Overlay District made sense to him. He did not think SPR alone was enough. He favored Truro’s approach. Rowell said he did not favor changing lot coverage. Rowell, indicated a desire to adhere to the current lot coverage rather than considereing changing the definition of lot coverage, but O’Connell said that was not necessary. In relation to decks, O’Connell considered how neighbors relate to neighbors.
Rowell said he had statistics from the assessor’s office on existing sizes of houses and accessory structures. Pickard speculated on how far a Water Overlay District should extend. Pickard also considered little lots within the Seashore that already have to go to the ZBA.
Gray discussed SPR in terms of abutter notification and the chance to use neighborhood comments to reach decisions more acceptable to the neighborhood and Town. Gray noted that in Special Permit cases the ZBA only decides if the use is more detrimental than an existing use.
Further discussion concerned: having teeth in a SPR; consideration of sensitive vistas; inclusion of paved areas in lot coverage; additional controls for the Seashore district in a town-wide SPR bylaw; use of a sliding scale; and lot size as a clear cut basis for determining coverage.
Peterson said the trigger section of the draft SPR bylaw needed more revision. It seemed to still be geared towards lot coverage, he said, and did not address volume. Peterson said “teeth” came with conditions set on a project. The decision still could be appealed even though it would not be a denial, Peterson said. Parent said the process was still ambiguous and has the Board manipulating the client. Eastham’s process wears the client down, according to Parent. Most people settle rather than appeal. He mentioned the State’s cautions about having clear rules.
More PB discussion considered: hypothetical sample cases of lowering height or dealing with someone who wanted 5% lot coverage on a big lot; neighborhood character for determining stories for a structure; the difficulty of defining “neighborhood”; the subjective nature of SPR process; how the general public’s opinion can differ from SPR decisions; large lots which would still allow big houses; changing lot coverage allowances; and SPR not being able to prevent big houses.
PB discussed holding a hearing on the SPR draft. Truro will be holding a public meeting on their SPR proposal on May 20. Peterson and O’Connell will be attending. Others indicated they may attend. Gray stated her case for moving forward with a public hearing in Wellfleet based on the current (April 17, 2008) SPR draft. She said that there is no such thing as a perfect law. Rowell said he’d like to see what happens at Truro’s May 20 public hearing for their SPR bylaw proposal. Gray said a public hearing would give Planning Board a sense of what the general public thought about dealing with big houses. .
Pickard said he was willing to do research on lot size and coverage for the small lots around Ocean View Drive.
O’Connell reopened discussion to the audience. Gooz Draz said lot coverage scale was an approach to consider. He also said he wanted to see the bylaws that address Seashore issues first. Peter Watts discussed the subdivision of large lots in the rest of the town.
Mail
There was a notice for Oliver and Harper to inform the Administration about re-upping for Planning Board.
Minutes of April 16, 2008
Gray moved to approve the amended minutes of April 16, 2008. O’Connell seconded, and the motion carried 6-0.
Gray moved to adjourn. The meeting was adjourned by consensus at 9:45
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 5/21/08.
| 
