Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 4, 2013
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Consultant Patrice Carson
Regrets: Eric Larsen
Chair Gerald Parent called the meeting to order at 7:00 p.m.
Minutes of 11/20/13
O’Connell moved to approve the amended minutes of November 20, 2013. Freeman seconded, and the motion carried 6-0.
Parent opened the public hearing at 7:10 p.m.
Definitive Subdivision #13-07 – Hahn, 1110 Old King’s Highway
Dennis O’Connell disclosed he had viewed the property as a member of the Conservation Trust and has attended Open Space meetings regarding the land.
Pickard disclosed that he has a business relationship with one of the abutters.
Chester Lay of Slade Associates presented the definitive subdivision plans for 1110 Old King’s Highway (Map 23, Parcel 46)1 on behalf of developer William Hahn. He advised everyone to examine the Massachusetts Endangered Species Act (MESA) plan first. He showed another version of that plan that further delineated the building envelopes for each lot. Mr. Lay said he would be requesting several waivers as outlined in #7 of Covenant D. In the Declaration of Protective Covenants, the #20 Homeowners Association provision is the only item in the document that Planning Board has any control over according to Subdivision Control Laws. Protective Covenants and Homeowners Associations expire and are subject to renewal after 30 years. Mr. Lay said that William Hahn is not yet the owner of
record. Provided the subdivision is approved and when the appeal period is over, Mr. Hahn will complete the sale from the owner, Charlotte E. C. Hardaway, now known as Allaria Raa.
Planning Board members had just received the Protective Covenants document and were asked to read over #20 Homeowners Association. O’Connell and others objected the late receipt of the document. Parent reviewed the provisions of #20 of the Protective Covenants document. He said the Homeowners Association document needed to be completed before the subdivision went forward. Patrice Carson commented that items 1 through 19 cannot be less restrictive than the Zoning Bylaws. O’Connell said that the Homeowner’s Association provisions should be met in accordance with the requirements of the Wellfleet Subdivision Rules and Regulations.
O’Connell asked if the covenants would be filed with the plan. Parent said that the Protective Covenants should not have been submitted to Planning Board; instead a separate Homeowners’ Association Agreement needs to be drawn up and submitted. The Protective Covenant will be withdrawn and the complete Homeowners’ Association Agreement submitted to be recorded with the subdivision plan.
Discussion moved to the width of the road including berms. The 22 foot pavement now services six homes. One waiver would reduce the size of the road and the berms. The landscaping along the road would be waived. The radius allowance for of the cul de sac needs to be waived because the Wellfleet Subdivision Rules and Regulations have yet to be revised regarding cul de sac radius size. The length of the road will need a waiver also.
The corner bounds are planned along the roads and at the MESA boundaries. O’Connell requested bounds at all corners in accordance to the Rules & Regulations, not just at the limits of work boundaries defined by MESA. Mr. Lay said all the bounds will be set.
Parent opened the discussion up to the public. Abutter Kathleen Bornhorst asked about the existing Howard’s Court which is not part of the new subdivision. She was concerned about traffic during construction and the summer season. Another abutter asked about liability for possible damage to the existing road. Other questions were about: lot sizes, house sizes and locations. The house locations because of the MESA regulations would be clustered along the road.
The MESA regulations are State enforced, not inspected by the Town. Henry Atwood asked about the developer’s responsibility for following MESA regulations. The MESA oversight for the box turtles was outlined. Mr. Atwood said that this plan was the first one he, as an abutter, had found acceptable. Jack Neuwirth of the Bike and Walkways Committee said that his committee is interested in the old railroad bed for a bike trail. Also Planning Board had received a message from Bike and Walkways Chair John Cumbler, seeking reassurance that the subdivision would not interfere with the potential bike trail.
Richard Monks from Back Drive asked about Town ordinances that might require a percentage of affordable homes in a new development. The Board informed him that we do not have a Zoning Bylaw that requires this.
O’Connell called attention to the provision in the Wellfleet Subdivision Rules & Regulations that the Wellfleet Open Space Committee be allowed to reserve a percentage of the subdivision with rights of first refusal for a period of three years. The Open Space Committee is interested in holding Lot 19 for three years in order to have the option to buy it, he said.
Parent closed the public hearing at 8:25 p.m., and the regular meeting proceeded.
Mr. Lay requested a continuance of the subdivision to December 18, 2013. Patrice Carson noted items from the Rules & Regulations that had not been submitted. Mr. Lay asked for a waiver on the topography map which had been submitted with the Preliminary plan.
Picard moved to continue the hearing until December 18, 2013. Morrissey seconded, and the motion carried 6-0.
Landing Strip Property (Map 42, Parcel 601)
Mr. Lay exhibited old maps by Schofield Brothers of the Chapin plan that depicts the Town owned property (Map 42, Parcel 601) known as the “Landing Strip.” A future discussion will concern what should be done with the property. Planning Board and Mr. Lay will acquaint Town Administrator Harry Terkanian with the issue.
Mail
Jan Morrissey distributed the Mail Log of December 4, 2013.2 There was a brief discussion of the Cape Cod Commission’s notice of Amendments to Chapter H, Municipal Applications.
Medical Marijuana Dispensary Bylaw Review & Letter to Town Counsel
The Board reviewed the draft letter of questions to Town Counsel along with a request for an opinion on the proposed Medical Marijuana Dispensary Bylaw. 3 O’Connell will redraft the letter with attention to the agricultural aspects of the bylaw and submit the letter to the chair for submission through the Town Administrator.
Morrissey moved to send the bylaw proposal to Town Counsel. Reinhart seconded, and the motion carried 6-0.
Cottage Colony Bylaws
Janet Morrissey disclosed that there was a 2 unit cottage colony on her road.
The Board discussed Cottage Colony bylaw issues. The Board had examined the definition of Cottage Colony and ZBL 5.4.11 Intensity of Use Application to Cottage Colonies. 4 Janet Morrissey said she has been identifying cottage colonies in Wellfleet with the help of the Town Assessor’s data base. The original cottage colony provisions allowed one year-round unit. If year-round usage was reinstated, cottage colonies and condos might provide additional community housing. Pickard suggested an overlay district for cottage colonies away from waterfront locations.
Annual Report
Patrice Carson had e-mailed a draft Annual Report to Board members. O’Connell moved to include thanks to Barbara Gray for her years of service to the Planning Board. Reinhart seconded, and the motion carried 6-0.
Agenda for Next Meeting
The agenda for the December 18, 2013 meeting will include: Continuance of Definitive Subdivision for Hahn, 1110 Old King’s Highway (Map 23, Parcel 46); Clarification of Zoning Bylaws for the National Seashore; ZBL Definitions; Storage Containers; Lot Coverage; Annual Report; LCPC Action Recommendations; Landing Strip (Map 42, Parcel 601); and Cottage Colony bylaws.
Adjournment
The meeting was adjourned by consensus at 10:10 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
The Planning Board approved these minutes at the meeting held 12/18/13.
Public Records Material of December 4, 2013
1.) Definitive Subdivision #13-07 is on file in PB permanent records
2.) Mail Log of December 4, 2013
3.) Draft letter to Town Council
4.) Cottage Colony Bylaws
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