Wellfleet Planning Board
Minutes of Meeting and Wednesday, August 6, 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; Rex Peterson, Assistant Town Administrator/Planner
Chairman O’Connell called the meeting to order at 7:00 p.m.
Comprehensive Permit for Gull Pond Affordable Housing Project
Ted Malone and Eric Larsen of East Cape Engineering distributed the road plan for 250 Gull Pond Rd. Mr. Malone also had a report from the Fire Chief regarding the road layout. Larsen explained the changes in the road design and some of the Fire Chief’s concerns that had been addressed. Planning Board (PB) considered the public safety issues of the road plan, one which would not be allowed if it were a subdivision plan. Mr. Malone was questioned about alternate plans for improved safety. Larsen discussed pavement options and speed bump possibilities. PB was of the opinion that an extra switchback would be a valuable safety addition. PB pointed out that the project is not within the Coles Neck Wellhead Protection District. The plan had been presented as within the Wellhead Protection
District. Larsen explained other lot disturbance limitations involved in designing the present road layout. Mr. Malone answered a question on locating the buildings at the upper level site. Mr. Malone discussed other options that had been considered for the drive, including an eminent domain taking of abutting property. (Parent disclosed that he knows the abutters involved in such a taking.) Mr. Malone explained that there were too many additional problems involved in a taking. Maintenance, plowing, sanding and liability responsibilities would fall to those in the affordable units, and these safety issues were of paramount concern to PB. Gray spoke in favor of an eminent domain taking of abutting land for alternate access to the property.
Pickard moved to suggest to ZBA that the road does not meet safety standards and should go back to engineer and planner for review. The road should be made safe for 5 families in the units it is meant to serve. Parent seconded the motion. The motion carried 7-0.
Vacant Town Owned Property
The list of vacant Town-owned property will return to PB for consideration after the other committees and boards have made their recommendations. O’Connell suggested having a subcommittee work on the list. Rex Peterson said that the Selectmen were aiming for Annual Town Meeting. The Board will send an inquiry to the BOS as to their intent on the disposition of the Town-owned property.
Removal of Dead Trees on Scenic Roads
Rowell made some general comments on the effects of the Scenic Road bylaw. Gray discussed routine maintenance that does not involve an entire live tree is allowed. O’Connell suggested defining the situations further. After the DPW had contacted Planning Board about trees at three different locations, O’Connell, Harper, Draz and Peterson visited the sites with Paul Lindberg of the DPW. With the exception of one locust, the Black Pond Road, Old Kings Highway and 290 Paine Hollow Rd. trees were all ready to be removed. O’Connell wanted to establish criteria for clearing/maintenance along the scenic roads. Parent suggested that a letter be drafted saying that trimming be allowed, but when a live tree is to come down, PB must be notified. O’Connell said notification to abutters is also
an issue. He recommended defining the scope of the abutters’ list by a certain number of feet. O’Connell suggested getting a Town Counsel opinion on that. Peterson said NStar has an arborist who could come speak to PB. O’Connell moved to send the DPW a letter to take down the subject trees as an emergency for public safety purposes with the one exception. Rowell seconded. The motion carried 7-0.
More Discussion of Town-owned Lots
There was further discussion on the vacant Town-owned land maps. All Town owned property will be requested delineated on a Cape Cod Commission map creation.
Zoning Bylaw Revision
Barbara Gray moved to propose two plans of Site Plan Review (SPR) for consideration and a posting for a public hearing. Her first proposal was the June 23, 2008 SPR draft. Harper seconded. Her second motion was a proposal was the same draft with Special Permit. Harper seconded. Gray withdrew the first motion, so one proposal for SPR with SP remained on the table. Parent discussed the zoning freeze that becomes immediate with advertising for a public hearing and lot coverage considerations that had not been finalized in the June 23 draft. O’Connell said dimensional controls needed to be in place and lot coverage changes were needed. Gooz Draz discussed size in terms of context within Town and the Seashore District. Harper moved to call the question. O’Connell
seconded. The motion did not carry 1-6. Discussion continued therefore.
O’Connell recommended drawing up new figures and creating maps that give lot coverage for the whole town and for the Seashore District. Dimensional control inside the Seashore would be by lot coverage, not the 50% rule, as O’Connell saw it. Gray said she would amend her motion, but Parent said that wasn’t possible because an advertisement for a hearing had to have the specific information on lot coverage. Parent said before getting to SPR, lot coverage needs to be amended. O’Connell also said the lot coverage specifications were needed first. O’Connell would like to have the Board commit to a decision on dimension and lot coverage for the next meeting. Rex Peterson said the Selectmen will be presenting a bylaw proposal for the next Planning Board meeting.
Gray moved to table her motion. Harper seconded tabling the motion. The motion to table until the next meeting carried 7-0. Parent suggested clarifying aspects of SPR and incorporating the suggestions from Town Counsel.
Other Business
Harper said he was willing to sit on a subcommittee on lot coverage. O’Connell and Gooz Draz will join him.
The Board discussed a Pond Avenue lot and the zoning issues involved.
Minutes of 7/23/08
Gray moved to accept the amended minutes of July 23, 2008. O’Connell seconded, and the motion carried 6-1.
Mail
The preliminary report from Slade Associates on the Landing Strip establishing Town ownership and access indicated that favorable findings should lead to surveying the lot.
There was a letter from Slade regarding the Gould property on Lieutenant’s Island. Parent suggested giving ConsCom an opinion on the road. Harper moved to move the roadway into the 40 ft. right of way. Gray seconded, and the motion carried 7-0.
Henry Cortes of the Goss Lane subdivision had sent a letter regarding lots within the subdivision. Pickard discussed collection of money for the release of lots.
The National Seashore Homeowners had sent a petition regarding bylaw revision to protect the character and values of the Seashore. Barbara Lovett had sent a similar request.
David Ward urged PB to make a strategic plan for protecting the National Seashore.
Robert W. Jackson had sent a letter of appreciation for work being done on zoning bylaws and asked that PB take measures to protect the National Seashore.
Adjournment
Gray moved to adjourn. Parent seconded, and the motion carried 7-0. The meeting was adjourned at 9:35 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 8/20/08.
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