Minutes of
Wellfleet Planning Board Meeting &
Joint Meeting of Wellfleet Board of Selectmen & Planning Board
Wednesday, July 9, 2008
Senior Center Long Pond Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Barbara Gray, Ronald Harper, Griswold Draz, David Rowell, Gerald Parent, Alfred Pickard
Chairman O’Connell opened the hearing at 7:08 p.m.
7:00 p.m. Hearing
Definitive Subdivision #08-04, Atwood, 2155 Old King’s Highway (Map 16, Parcel 138)
Richard Lay of Slade Associates represented the Clifford S. & Madelyn Atwood for their proposed subdivision of 2155 Old King’s Highway. O’Connell read into record abutter Stephen F. Douglas’ letter of objection to the Atwood subdivision. Mr. Lay explained that the plan was for a two-lot subdivision. The covenant describes the specifications for Clapp Lane. Both lots have sufficient frontage and acreage, Mr. Lay said. The garage in the middle of the proposed road will be removed. O’Connell read the Fire Chief’s comments on the plan.
Parent moved to accept with an amendment to the covenant. Rowell seconded, and the motion carried 7-0.
O’Connell closed the hearing at 7:15 p.m. and immediately called to order the regular meeting.
Alfred Pickard recused himself from the meeting.
Parent disclosed he had dealings with Ball over 15 years ago.
Regular Meeting
ANR #08-07 – Ball & Orcutt, 100 Hamblen Rd. (Map 12, Parcels 37 & 39)
Mr. Lay explained that the purpose of the plan was to make an equal exchange of small portions of each lot. It will allow the studio planned for the Ball property to meet the setback requirements. Mr. Lay answered questions about the location and configuration of the studio.
Harper moved to endorse the plan as an ANR. Rowell seconded and the motion carried 6-0.
Pickard returned to the meeting.
ANR #08-08 -– Clover, 130 Old County Rd. & 0 off Old County Rd. (Map 30, Parcels 67, 67.1 & 67.2)
O’Connell recused himself from the meeting
and Gerald Parent assumed chairmanship.
Mr. Lay explained the parcel division. This was previously studied and discussed as a preliminary subdivision.
Pickard moved to deem the plan an ANR. Gray seconded and the motion carried 7-0.
O’Connell returned and resumed chairmanship of the meeting.
Gould – Preliminary Subdivision Discussion
Parent noted his earlier disclosure of his association to the neighborhood.
Mr. Lay was seeking an advisory, non-binding opinion from Planning Board on the proposal which Slade had previously brought to the Board’s attention. There had been a waiver of road construction when it was for three lots. The road cuts into the Conservation Commission land slightly. Mr. Lay said that he would like to leave the road plan as is. O’Connell asked about relocating the road at the time that the lot is developed. Mr. Lay said there would be more destruction of the landscape if the road were moved closer to the lot. Harper considered winter snowplowing of the road. Mr. Lay said maintenance of the road could be placed on the homeowners. The final plan would be an 81P, Mr. Lay said. Parent suggested getting Conservation Commission’s opinion on moving the road.
Other Business
Alfred Pickard discussed the Comprehensive Permit for Gull Pond Rd. Planning Board will be provided with full packets before the August 6 meeting.
Minutes of 7/9/08
Gray moved to approve the amended minutes of July 9, 2008. Rowell seconded and the motion carried 7-0.
Joint Meeting of Planning Board and Board of Selectmen
The Board of Selectmen joined Planning Board for a joint meeting. Those present were Chair Jacqui Beebe, Ira Wood, Michael May, Dale Donovan and Town Counsel Elizabeth Lane.
Chair Beebe called the BOS meeting to order at 7:55.
O’Connell requested a discussion of Disclosure of Financial Interest forms that Gooz Draz, Gerald Parent and David Rowell had filled out as homeowners and an abutter (Parent) to the National Seashore. Town Counsel Lane advised the Selectmen on granting a waiver of conflict of interest. Gray spoke on the good faith effort of Planning Board members to make disclosures of any conflict of interest when a particular situations warrant it. O’Connell stressed the members’ duty to operate in the Town’s best interest.
Wood moved to approve the acceptance of the disclosure of financial interest forms of three Planning Board members provided they recuse themselves as needed while working on zoning bylaw revision. May seconded, and the motion carried 4-0.
Ira Wood reviewed the BOS charge from March 11, 2008 to the Planning Board to revise the Zoning Bylaws. Wood asked both boards to step back and agree whether or not there are problems to be solved and if so, how to define the problems in order to come up with solutions. Everyone agreed that there were problems. Starting with Planning Board (PB) members, each board member expressed his or her definition of the problems.
O’Connell named lot coverage problems. He said he wasn’t ready to follow Eastham’s Site Plan Review bylaw. He said 6.1.5.2 (a) served a purpose as is.
Parent said he was not sure that 6.1.5.2 (a) the problem. He discussed the situation that precipitated the present push for zoning bylaw revision. Parent said Wellfleet had big houses, but not as many as other Cape towns. He agreed that bylaws need to be examined constantly. Parent defined the big house problem as a whole town problem, not just a Seashore problem. He said PB did not choose to adopt the 50% guideline, but they had started an open dialogue with the Park Service. Parent stressed the importance of getting the bylaws right even if it meant moving slowly. He said he didn’t want to react, but to plan.
Ronald Harper discussed tightening up Section 6.1.5. Harper said he did not consider out of scale houses as a problem. Harper said the National Seashore was a treasure that needed to be protected and be addressed separately in zoning bylaws.
Barbara Gray said that the Local Comprehensive Plan addressed the “McMansionization” of Wellfleet. She said it could happen inside or outside of the Seashore. Gray favored a suggestion Ms. Lane had given on clarification of Seashore District Objectives. Gray discussed a preference for Site Plan Review (SPR) with Special Permits. She said the way SPR-Special Permit is used has to be specific.
David Rowell said we lack a basic definition of what constitutes a McMansion. He mentioned the concept of a Water Overlay District. He said PB had considered use of a sliding scale. He said the 50% does not work. He said he liked Truro’s approach of a Town-wide bylaw.
Alfred Pickard said Truro echoed Wellfleet’s concerns. He said doing the bylaw revision for Seashore only was wrong. Pickard said setting a timeline for the revision was not advisable. Truro had spent three years on their revision.
Gooz Draz said there are problems with the zoning bylaws. Draz said he agrees with Section 6.1.5.2 (a) to give an allowance in some circumstances. He referred to the Norwell Zoning Bylaws which follows a 50% increase by SPR with Special Permit. Draz saw replacement of homes with big houses as a problem. Also there are problems with houses that are out of character for small lot neighborhoods, Draz said. Draz said he liked the SPR process because of provisions for neighborhood consideration.
O’Connell interrupted to say the issue is not about conforming or non-conforming lots. Draz said he liked the comprehensive approach. Draz said the Seashore District was a treasure, and the Town should protect it.
Jacqui Beebe said that personally she saw a problem with non-conforming buildings throughout the town. She favored attaching 6.1.5.2 with a Special Permit process as a starting point for bylaw revision. The definition of alteration was a problem, she said. Beebe said other areas of town, not just the Seashore, are under assault by big house construction. She sees bylaw revision as necessary for the whole town, not just the Seashore. Beebe said she does not want to see a special interest group controlling PB process. She did not want to see a bylaw that would be detrimental in any way.
Ira Wood said we need to do something and it needs to be done immediately. He said he trusts PB to act responsibly. He would like to see the out of scale house problem addressed and resolved.
Mike May says there is a problem that needs to be solved. May said the Seashore needs to be protected but so do other neighborhoods in town. May suggested keeping the bylaw changes simple and understandable.
Dale Donovan defined two problems. He said the different zoning districts were created for various purposes. Donovan said the Seashore District had a more immediate and glaring problem than the rest of the town. He asked if intensity of use was a problem in town. In the Seashore, Donovan said, one very large house breaks up the look, feel, atmosphere and purpose of the Seashore District. Donovan said using the Seashore District for a development area is the antithesis of what the Seashore is there for. The other problem Donovan defined was creating bylaw revision to address the problem. He suggested that the Selectmen write an immediate bylaw revision and get Planning Board to approve it. He said that a more intensive revision could come later after more deliberation by Planning Board.
Donovan wanted to see the immediate issues developed for Town Meeting. He suggested that Town Counsel Elizabeth Lane and Town Planner Rex Peterson prepare the revision and have PB hold a public hearing at which the revision is presented.
Lane discussed: a provision in the Wellfleet bylaws regarding multiplication of size of a building on a non-conforming lot; an over-reaction as a result of a legal case (Manchester by the Sea); Section 6’s increased allowances over time; tear-downs; defining the term alteration; reading Norwell’s updated zoning bylaws; and Special Permits. The easy zoning amendments, Lane said, include giving alteration a definition. Tear downs involve much more complicated issues, she said.
O’Connell discussed dimensional control, rather than conformity or non-conformity issues. Lane said the other issue was size. The Town gets to make the call on acreage, she said. Wellfleet should choose what’s best for this town. It’s hard to say what size is too big, according to Lane. O’Connell asked about the arbitrary nature of the cut-off numbers. Lane said that lot size is based on arbitrary decisions.
Other discussion concerned a hypothetical house for a 2-acre lot, neighborhood characteristic by size, the Blasch house, visibility issues, the creation of the Seashore District, Certificates on Non-Condemnation, and the 50% increase Seashore Guideline.
O’Connell called attention to the maps on display from the Cape Cod Commission. He said that one map shows most of the large houses as outside of the Seashore. The second map shows development potential throughout the town.
Lauren McKean said she had submitted the National Seashore’s opinion on bylaw revision in a letter to Planning Board dated July 23, 2008.
Donovan moved to adjourn the BOS meeting. May seconded, and the motion carried 4-0.
Gray moved to adjourn the Planning Board meeting. Rowell seconded, and the motion carried 7-0. Both meetings were adjourned at 9:45 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 8/7/08.
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