Wellfleet Planning Board
Minutes of Meeting and Wednesday, February 18, 2009
Town Hall Hearing Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Griswold Draz, Barbara E. Gray, Ronald Harper, Gerald Parent, David Rowell; Rex Peterson, Assistant Town Administrator
Absent: Alfred Pickard
Chairman O’Connell called the meeting to order at 7:00 p.m.
O’Connell recused himself as an abutter as president of the Wellfleet Conservation Trust even though he had no personal financial interest, as Barbara Gray noted. Gerald Parent assumed chairmanship of the meeting.
ANR #09-01 – 60 Indian Neck Rd. (Map 28, Parcel 41), Eisinger
Richard Lay of Slade Associates came forward to explain the plan being made for Land Court. Alan Platt of the Wellfleet Conservation Trust questioned the appropriateness of a decision since the ownership of the property was under dispute. Parent explained the parameters of a Planning Board decision and possible reasons for creating the ANR. Planning Board desired an extension before making a decision, but Mr. Lay said that the applicant declined granting an extension in time. The 2004 ANR case #04-08 for 40 Ione Rd., that had been declined by Planning Board and ruled on by Town Counsel, was examined as a precedent for not endorsing the plan. Gray moved to deny endorsing the plan as an ANR. Harper seconded. The motion to deny carried 3-2.
ANR #09-02 – 40 Ione Rd. (May 28, Parcel 61), Paulick
Mr. Lay presented a plan for 40 Ione Rd., which is the same situation as ANR #09-02. This ANR proposal is the same as the #04-08 ANR case. Harper moved to deny endorsing the plan as an ANR. Gray seconded, and the motion to deny carried 3-2. The Board discussed bringing the matter to Town Counsel again.
O’Connell returned and assumed chairmanship of the meeting.
Wind Turbines Draft Bylaw
Gooz Draz presented the draft bylaw for Municipal Use of Wind Facilities. Jim Sexton of the Energy Committee came forward to discuss the wind turbine, a MTC grant, and getting the bylaw proposal to April Town Meeting. A public hearing needs to be held in order to do this. There are a number of additional considerations the bylaw should address, O’Connell said. The Board discussed: parking requirements, special permitting, use of Seashore District only, and the height of turbines. Parent moved to install a use table that specifies National Seashore only. O’Connell seconded and the motion carried 4-2.
Gray moved that a subcommittee review the bylaw draft with the Energy Committee, but there was no second. There were questions on: the operator/applicant for the facilities; liability indemnification; Cape Cod Commission review; abandonment provisions; purposes; definitions; checklist for general requirements; access; fencing; clarity of the bylaw provisions; maintaining the facilities; substation and connections; underground service lines; the utility provider (NStar); the relationship with NStar; setbacks; and fall zones.
At 9:00 p.m. the Wind Turbine discussion was tabled in order to go forward with the sign bylaw revision.
Sign Bylaw Revision
Ron Harper had prepared a draft showing the existing bylaw along with proposed changes, including the temporary sign provisions. Planning Board reviewed the document and discussed the new language. A Town Meeting vote of two-thirds is required to pass the zoning bylaw revision. A public hearing can be scheduled March 18. Gray moved to hold the hearing. Harper seconded and the motion carried 5-0.
Minutes of 2/4/09
Gray moved to approve the amended minutes of February 4, 2009. Parent seconded, and the motion carried 5-0.
Other Business
Gooz Draz had submitted suggestions for bylaw revisions on lot size, which the Board will deal with at another meeting.
Barbara Gray asked that “Lot Shape” in the Subdivision Rules & Regulations be reconsidered with a change in the specifications on frontage out of concern for “pork shop” and “hammer head” lots.
The Historic Review Board would like to come before the Board to discuss the Demolition Delay Bylaw.
The study of the Disposition of Town Property is still underway, O’Connell said
O’Connell informed the Board of the spring meetings he will not be attending. He said the Board should consider appointing a new chair since he will be leaving the Board in June.
Adjournment
Gray moved to adjourn, Draz seconded and the meeting was adjourned by consensus at 10:05 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 3/4/09.
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