Wellfleet Planning Board
Minutes of Meeting on Wednesday, November 16, 2011
Senior Center Long Pond Room, 7:00 p.m.
Present: Janet Reinhart, Chair; Theodore Franklin, Eric Larsen, Gerald Parent, Alfred Pickard
Regrets: Barbara E. Gray
Chair Janet Reinhart called the meeting to order at 7:00 p.m.
Preliminary Subdivision #11-04 - 724 State Highway (Map 42, Parcel 43)
Chester Lay of Slade Associates presented Preliminary Subdivision Plan #11-041 for 724 State Highway/Route 6 (Map 42, 43) in the C-2 District, representing Donald J. Horton and Wendy C. Horton, Wen/Don Realty Trust. He distributed the letter dated February 18, 2011 from the Division of Fisheries and Wildlife2 regarding the MESA restrictions for broom crowberry and Eastern box turtles. Of the Town officials notified, only DPW commented on the need for State approval of curb cuts on Route 6.
Planning Board members asked about the curb cut, screening, a rough draft of the home owners’ association covenant, staking the roads, flagging the center of the cul de sac, underground utilities, and width of the roads. Mr. Lay asked if Planning Board would like a continuance for further review of the plan before making a decision.
Pickard moved to extend the Planning Board’s decision until Dec. 7. Parent seconded, and the motion carried 6-0.
Referral of Cumberland Farms as a Development of Significant Impact
Gerald Parent disclosed that a family member owns a store in South Wellfleet, but he does not consider that as a conflict of interest.
Attorney E. James Veara represented Cumberland Farms at the referral to the Planning Board as a Development of Significant Impact. Reggie Donahue of Coastal Engineering and Cumberland Farms Project Manager John Marth joined Attorney Veara. He exhibited before and after site plans of the Cumberland Farms property on Rte. 6. The plans showed the location of the gas pumps, the curb cuts and the new location of the proposed building. Mr. Veara entertained questions from the Planning Board regarding the project.
Janet Reinhart asked about the height of the building which is depicted at 30 ft. Mr. Marth and Mr. Donahue said the height could be adjusted. She noted that the traffic study’s statistics on peak traffic were done on October 19, 2010, not summer peak time. Reinhart spoke in favor of an acceleration-deceleration lane to mitigate traffic problems. Pickard discussed problems that occur with an extra lane. Mr. Donahue explained the curb cut plan that will require approval by Mass Department of Transportation (DOT).
Reinhart asked about the set back on the north side. Pickard questioned the demarcation of the Residential zoning district at the rear (eastern) property line.
Ted Franklin continued the discussion of traffic patterns in the Cumberland Farms area. He said that an already congested traffic situation would be exacerbated by the proposed development. Mr. Veara said there is evidence to support the traffic impact study prepared by McMahon Transportation Engineers and Planners. Cumberland Farms is aware of the traffic problems on Rte. 6. Their concern is to control the interior area to make it safer, he said.
Gerald Parent spoke against an acceleration-deceleration lane for Cumberland Farms. He discussed the existing configuration of the entrances to the property. He focused on interior traffic problems rather than the Rte. 6 traffic. Parent said there was no traffic flow pattern for tractor trailer trucks in the plan. He said he would recommend better internal traffic patterns. He noted that there are two tenants considered on the plan, but there is a third tenant in the garage at the southeast end on the property. Parent said that should be noted on the plan. He suggested reconsidering the northerly parking spaces immediately inside the property.
Cumberland Farms Project Manager John Marth said the tenant of the garage, a seasonal landscaper, had a lease that would expire next year. Parent said that information should be stated in the application along with the plan for that part of the site when the tenant is gone.
Mr. Veara said a reduction in the parking spaces would affect the application to the ZBA. Mr. Veara cited the zoning bylaws for parking, which do not make allowances for waivers. Mr. Marth said parking in front of the dumpster area could be designated as an employee parking area.
Eric Larsen asked about the radius of the curb cuts and recommended a 50 ft. Larsen did not recommend having the parking spaces in front of the dumpster.
Parent asked for the elevations of the proposed plan compared to the existing area. He suggested depicting the traffic pattern for trucks to do unloading. Parent questioned the status of the gravel area used by the third tenant and the third use itself, which is not mentioned in the plan.
From the audience, Tom Reinhart commented on the increase in traffic flow on Route 6. Mr. Veara said Cumberland Farms cannot control the highway traffic; they are located in the Commercial District. Mr. Marth defended the traffic study again. Janet Reinhart said Mass DOT should weigh in on the traffic. Also the Cape Cod Commission can be asked to do a discretional study. Mr. Veara said that Planning Board can not make that kind of referral.
Ted Franklin asked about lighting, especially for the canopy. Mr. Marth said the entire property will be lit with LED fixtures. He said the light is contained within all the property lines.
Reinhart asked about bonding for the removal of gas tanks. Mr. Veara said there is no statutory requirement for bonds, and there is a question of who would be the bond holder. He said the requirements for gas tanks are very stringent.
Parent asked about the historic review of the house to be razed on the property. He also wanted to hear more from Cumberland Farms on the interior traffic flow and parking before Planning Board makes its recommendations.
Mr. Veara said the Planning Board concerns will be presented to the ZBA. He was interested in getting a reduction in the 42-space parking requirement. Mr. Veara’s other request was that Planning Board deem the requirement for a Financial Impact Study unnecessary.
Parent had another suggestion for parking in the gravel area, taking three spaces away from the trash bin area. Pickard asked that the expiration date of the third tenant’s business be included in the plans. Parent asked about calculation of storage area for parking requirements.
Pickard moved to waive the Financial Impact Study. Franklin seconded, and the motion carried 5-0.
Parent moved to continue the referral to the Planning Board meeting of December 7, 2011. Pickard seconded, and the motion carried 5-0.
There was another discussion of the pro’s and con’s of an acceleration-deceleration lane.
Minutes of 11/2/11
Parent moved to approve the minutes of November 2, 2011. Larsen seconded, and the motion carried 5-0.
Attorney General’s Decision
The Board discussed the Attorney General’s decision to approve the Zoning Bylaw changes to ban Fast Food Restaurants and limit Formula Businesses in Wellfleet.
Town Planner Position
Janet Reinhart will ask the Town Administrator about the role of the new Assistant Town Administrator in relationship to the Planning Board.
ZBA Meeting on Accessory Buildings & Structures
Janet Reinhart reported on her visit to the last ZBA meeting. ZBA indicated that they would like to see Accessory Buildings & Structures as a priority item. Two members of the ZBA will attend the next Planning Board meeting to discuss the accessory buildings and structures.
Other Business
Ben Zehnder requested that Planning Board consider making changes in zoning bylaw allowing parking space waivers.
Agenda for Next Meeting
Agenda for the December 7, 2011 meeting includes: continuation of Preliminary Subdivision #12-04, continuation of Cumberland Farms referral, and a discussion with ZBA members on Accessory Buildings & Structures.
Adjournment
Parent moved to adjourn. Pickard seconded, and the motion carried 5-0. The meeting was adjourned at 9:35 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Janet Reinhart, Chair
________________________ Date
Public Record Material from Planning Board meeting of 11/16/2011
1.) PSD #11-04 is on file in the Planning Board permanent subdivision records
2.) Letter dated February 18, 2011 from the Division of Fisheries and Wildlife
3.) Cumberland Farms Referral as a Development of Significant Impact is on file in Planning Board and ZBA permanent records
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