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Planning Board Minutes 12/07/2011
Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 7, 2011
Senior Center Conference Room, 7:00 p.m.

Present:  Janet Reinhart, Chair; Barbara E. Gray, Theodore Franklin, Eric Larsen, Janet Morrissey, Gerald Parent, Alfred Pickard; Timothy King, Assistant Town Administrator

Chair Janet Reinhart called the meeting to order at 7:00 p.m.  

Town Administrator Paul Sieloff introduced the new Assistant Town Administrator Timothy King.  He acknowledged Sibel Asantrugul, who is helping in Town Planning.  Planning Board also welcomed new member Janet Morrissey.   

Preliminary Subdivision #11-04 - 724 State Highway (Map 42, Parcel 43)
Richard Lay of Slade Associates came forward to consider the Preliminary Subdivision for Donald Horton and Wendy Horton for 724 State Highway/Route 6 (Map 42, Parcel 43).  From the floor, Donald Thimas, an abutter on the other side of Route 6, expressed his concern about the C2 zoning designation of the subdivision and traffic on Rte. 6.  Mr. Lay contrasted what was proposed in the subdivision vs. an ANR approach.

Franklin moved to approve Preliminary Subdivision #11-04.  Pickard seconded, and the motion carried 7-0.

ZBA Representatives on Accessory Buildings & Structures
ZBA members Bruce Drucker and William Nicholson came forward to discuss accessory buildings and sheds.  Drucker said that ZBA had a number of issues they would like Planning Board to consider revising in the Zoning Bylaws.  They distributed a memo from William “Nick” Nickerson on accessory buildings and sheds.1 The bylaw for accessory buildings was one of the items that ZBA had targeted.  Newer technology for wind turbines and affordable housing were two other bylaws ZBA expressed interest in having revisions.  

Planning Board said some of the accessory building matters are already addressed in the zoning bylaws.  There was discussion of what provisions needed to be reconsidered.  Gray moved to put together a draft bylaw on accessory buildings.  Discussion continued on accessory buildings, affordable housing needs and continued cooperation with ZBA on the issues.  

Referral of Cumberland Farms as a Development of Significant Impact
The ZBA referral of Cumberland Farms to the Planning Board for its recommendations for a Development of Significant Impact was continued from the November 16, 2011 meeting.  Attorney E. James Veara, Coastal Engineering Representative Reggie Donahue, Cumberland Farms Project Manager John Marth and Traffic Engineer Gary McNaughton came forward with revised plans and posters of the Cumberland Farms proposal.  

Planning Board raised concerns about height requirements according to existing grades.  Attorney Veara said the enlarged curb cuts were now portrayed in the plan.  He discussed the process for having the Historic Review Board make a decision on the old single family residence on the property.  He showed the changes in the three parking spots to the gravel area.  The lease for the landscaper, the third tenant on the property, ends December 2013, Mr. Veara said, but there are negotiations underway to end the lease sooner.  

Further discussion concerned traffic flow and parking spaces.  Mr. Veara provided a memo from the Police Chief and Fire Chief regarding safety, traffic and parking. 2   There is a mention of a waiver for parking spaces, but this does not exist in Wellfleet’s Zoning Bylaws.  This could be a recommendation that the Planning Board makes to the ZBA, but Attorney Veara did not find this legally viable.   

Reggie Donahue displayed the landscaping site plan.  The buffer zone will be fully vegetated, Mr. Donahue said.  

The acceleration/deceleration lane was revisited.  Traffic Engineer Gary McNaughton of McMahon Associates came forward to discuss Mass Department of Transportation (DOT) jurisdiction over the highway.  He reviewed the abutting driveways, road shoulder, Cumberland Farms entrances, similar properties and the 50-ft. radius for the driveways.  

Attorney Veara said the ZBA hearing is to be held next Thursday, December 15, 2011.  Cumberland Farms has read the letters from abutters and are prepared to address some of their issues, he said.  

Mr. McNaughton answered more questions on the McMahon Associates Traffic Study of October 2011. 3   He explained the capacity analysis results for peak hours.  

There was a question of limiting cigarette signs in the windows.  From the audience, Joseph McCaffery, who had also submitted a letter dated November 29, 2011, 4 raised traffic concerns on Route 6.  He was interested in having another traffic study that deals with peak summer hours.  Mr. McNaughton said that Mass DOT will review the traffic further.  He acknowledged that the October study needs adjustments for projected summer traffic.  Martha Hevenor of the Cape Cod Commission spoke from the floor explaining that it is possible for Wellfleet to request technical assistance in a traffic study by the Cape Cod Commission.  Sibel Asantugrul said that Town Administrator Paul Sieloff had already made a request to Cape Cod Commission for a traffic study.  Attorney Veara said that time limits for the project impede an additional traffic study.  Martha Hevenor said that Cape Cod Commission can work within the time frame.  Mr. McNaughton said it is ultimately Mass DOT that regulates Route 6.  

Richard Pickering, an abutter on the other side of Route 6, spoke about noise issue and questioned delivery policies of the corporation.  Lynn Reddy, abutter to the rear of Cumberland Farms, expressed concern about increased noise level.  She was also concerned about illumination and landscaping of the property.   Mr. Donahue said the lighting would not extend beyond the property.  Mr. Marth said lighting, including the gas canopy, was down directed with LED and LSI.  The lights will be off when the store is closed, Mr. Marth said.  

The loading area indicates that there is a propane tank, which Gerald Parent said should be marked on the plan as “underground.”  He also suggested planting trees as screening which the old house on the lot has provided, and Attorney Veara invited the abutters to participate in planning the vegetation and tree locations.  

The materials of the exterior were discussed.  The shingles will be natural cedar, there is a white panel at the roof line, and there is a stone-look base.

Parent moved to recommend approval the Cumberland Farms (corrected plans dated 12/1/11)  project to the Zoning Board of Appeals with it noted that:
the applicant has shown 24 ft wide access to the property at the
Planning Board’s request as well as a 50 ft. wide radius, an increase from 30 to 50 ft.  This is sufficient for entering and exiting the site and preferable to an acceleration/deceleration lane;
the parking area has been changed to reflect the Planning Board’s concern about an appropriate loading area and trash access without being blocked by parking spaces;
the applicant has shown gravel parking areas for some cars to try and limit asphalt coverage;
an additional concern is that parking meets current zoning requirements but seems more than adequate and could be adjusted;
the Police and Fire Chiefs have submitted letters consistent with the PB changes;
please see minutes of past two meetings regarding parking spaces;
lighting should be considered to remain on site;
after hours lighting should be addressed as protection of property is necessary, but there is a concern for the neighbors; and
the applicant has agreed to review topography for elevation and
discuss building height with Building Inspector and will report the Building Inspector’s specifications to ZBA.

Picard seconded, and the motion carried 7-0.  


Minutes of 11/16/11
Pickard moved to approve the corrected minutes of November 16, 2011.  Larsen seconded, and the motion carried 5-0.

Other Business
Franklin moved to appoint Jan Morrissey as Planning Board clerk.  Gray seconded, and the motion carried 7-0.  
                
Agenda for Next Meeting
Agenda for the January 4, 2012 meeting includes: small lots, nonconformities, minutes, mail and other business.  

Adjournment
The meeting was adjourned by consensus at 10 p.m.


____________________________    ____________________________
Mary Rogers, Committee Secretary        Janet Reinhart, Chair   


Planning Board approved these minutes at the meeting held 1/4/12.


Public Records Material from 12/7/11
1.) Memo on accessory buildings and sheds
2.) Memo from the Police Chief and Fire Chief dated November 21, 2011
3.) McMahon Traffic Study of October 2011 is available in ZBA permanent files
4.) Letter from Joseph and Marianne McCaffery dated November 29, 2011