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Planning Board Minutes 02/01/2012
Wellfleet Planning Board
Minutes of Meeting on Wednesday, February 1, 2012
Senior Center Great Pond Room, 7:00 p.m.

Present:  Janet Reinhart, Chair; Theodore Franklin, Barbara E. Gray, Janet Morrissey, Alfred Pickard; Timothy King, Assistant Town Administrator
Regrets: Gerald Parent, Eric Larsen
Chair Janet Reinhart called the meeting to order at 7:00 p.m.  

Seamen’s Bank Referral – 2746 Rte. 6 (Map 15, Parcel 163)
Theodore Franklin recused himself from the deliberations and left the table.
Attorney Lester J. Murphy, Jr. and Chester Lay of Slade Associates came forward to represent Seamen’s Bank.  Timothy Brady from East Cape Engineering was also present to discuss the plan for replacing the existing building.  Attorney Murphy said Seamen’s Bank at 2746 Rte 6 (Map 15, Parcel 163) was before Planning Board as a Development of Significant Impact (DSI).  Seamen’s Bank will be using the existing curb cuts.  The building in its present site is only five feet off the front line of the property.  The bank’s new location on the property is also not in conformity on the lot.  Their special permit request is for a 77 ft. setback.  Also they are seeking a 6 ft. set back for the parking in the front area.  There is also parking on the sides of the building.  They plan to keep the existing two maples trees in the front and add three smaller trees elsewhere on the site.  There are two handicap parking spaces immediately in front of the building.  The bank is asking ZBA to waive the traffic study requirement for a special permit because it is an existing bank and will continue to be a bank.  There is a second floor meeting area that is proposed.  This is to be available for civic groups.  Use of the old building will continue during the construction of the new building.  

There is also a request for a variance for the project.  This is being requested in order to provide an elevator with a roof design that exceeds the height requirements of the zoning bylaws.  Architect Kurt Raber explained how the grade would need to be raised for the building.  He said that the clearance space for the elevator is what determined the variance request for the roof by 3 feet.  
Attorney Murphy said that the unique aspect of the property which explained the hardship conditions for a variance was the sinking ground.  The existing building had been built on land that had filled a part of Hawes Pond when Route 6 was created.  Mr. Raber explained the landscaping plan for the site.  Mr. Murphy said they would do a calculation for the green space on the property.  

Alfred Pickard made suggestions for the parking spaces and labeling on the plans.  Mr. Raber gave further information on the problems of creating the foundation on piles because of the high level of water beneath the site.  This is another reason there no basement, but a second floor planned instead.  

Pickard moved to recommend granting the waiver for the traffic study and a financial impact study as defined in Section 6.3.14 of the Zoning Bylaws for a DSI.  Morrissey seconded, and the motion carried 4-0.

Pickard moved to approve the plan dated 1/18/2012 that it meets the requirements of DSI with a positive recommendation to ZBA as a DSI under Section 6.3.14 of the Zoning Bylaws.  Morrissey seconded, and the motion carried 4-0.
Franklin rejoined the meeting.

ANR #12-01 Oliver, 2183 State Highway/Rte. 6 (Map 23, Parcel 218)
Chester Lay of Slade Associates explained the ANR proposal of Ned, Stephen and Derek Oliver to reconfigure the lot at 2183 State Highway-Rte. 6. (Map 23, Parcel 218) One small piece of a Rte. 6 lot will be joined to a larger rear lot on Big Chief Hill.  

Gray moved to deem the plan an ANR.  Pickard seconded, and the motion carried 5-0.  

Photovoltaic Bylaws
Marcus Springer, Chair of the Wellfleet Energy Committee, was present to answer questions about creating new photovoltaic bylaws that would be the first step allowing Wellfleet to qualify as a Green Community.  He said that the proposal this year is only a part of the entire Green Community plan.  The proposal this time only deals with photovoltaics.  The capped land at the transfer station is sufficient for a solar photovoltaic array.  The other bylaw changes needed to designated as a Green Community include: expedited permitting; hybrid vehicles for the Town; creating a climate action plan for the Town using a base line energy plan; and finally the Stretch Code.  The Stretch Code foresees each future code, the next one beginning in the year 2015.

Gray moved to hold a public hearing for the photovoltaic bylaws to be brought to 2012 Annual Town Meeting.  Reinhart seconded, and the motion carried 4-0-1.  

A public hearing for the bylaws will be scheduled and advertised for March 7, 2012 at the senior center.  

Formula Business Bylaws
Morrissey moved that Town Counsel draft the technical changes for the permitting authority of Formula Business Special Permits.  Pickard seconded, and the motion carried 5-0.  

Training Sessions
Janet Reinhart said that Town Counsel would offer two sessions on Tuesday, Feb. 21 and Tuesday, March 6, 2012  from 4 to 6 p.m. at the Library.  She asked the Board to prepare questions and concerns in advance.

Cumberland Farms Revised Layout
Planning Board examined a revised plan for the Cumberland Farms parking area.  Pickard said he was more concerned about calculation of the height of the building in regards to the base elevation.  

Planning Board will send ZBA a letter acknowledging changes to parking plan as requested, asking them to reexamine Planning Board’s letter December 8, 2011 particularly to see if the topography for elevation has been addressed.  Planning Board has not seen a second, more appropriate traffic study, only the October 2011 study.  

Sheds & Accessory Buildings
Tim King had prepared zoning bylaw changes for sheds and accessory buildings.  He said he had outlined what could be done without needing a Special Permit.  He and the Board discussed: accessory uses, types of accessory buildings, primary structures, defining the problem with accessory buildings and sheds, separating the bylaw into one for sheds and another for accessory buildings, scale, number of structures allowed, size limitations, affordable accessory dwellings, habitable space, blocking views, lot sizes, design standards, limits for number of sheds, sliding scales for allowances, setbacks, and permitting of sheds.  Planning Board will continue reviewing bylaws for sheds and accessory buildings at a future meeting.  

Cutting Timber
Janet Reinhart said the bylaws that covered cutting of timber and burning for clearing only covered the National Park District.  She proposed that this be applied to the entire town.  The Board discussed retaining buffers on property even if clearing is done.   

Minutes of 1/18/12
Gray moved to approve the minutes of January 18, 2012.  Morrissey seconded, and the motion carried 5-0.  

Agenda for Next Meeting
Agenda for the February 15, 2012 meeting will included: ANR #12-02, Seminar, Public Hearing, Sheds, Non-Conforming Lots, Minutes, Mail, Other Business.  

Adjournment
The meeting was adjourned by consensus at 9:45 p.m.


____________________________    ____________________________
Mary Rogers, Committee Secretary        Janet Reinhart, Chair   

Planning Board approved these minutes at the meeting held 2/15/12.                                              




Public Records Material from 2/1/12
1.)  Seamen’s Bank plans are on file in Planning Board’s permanent DSI records
2.) ANR #12-01 is in Planning Board’s permanent subdivision files
3.) Cumberland Farms revised parking layout plans
4.) Memo from Assistant Town Administrator Tim King on Accessory Building and Sheds