Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 18, 2013
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Eric Larsen, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Planner Patrice Carson
Chair Gerald Parent called the meeting to order at 7:00 p.m. and reconvened the public hearing on Definitive Subdivision #13-07.
Public Hearing (Cont.) Definitive Subdivision #13-07 – Hahn, 1110 Old King’s Highway
Eric Larsen recused himself from the meeting.
Alfred Pickard disclosed he had a business relationship with an abutter.
Chester Lay of Slade Associates reviewed the additional information and changes that the Planning Board had requested for Definitive Subdivision #13-07.1 Board members discussed showing and setting the bounds for both MESA and the lot boundaries. Mr. Lay said he would put all of them on the plan that will be signed and recorded. Patrice Carson discussed waivers that are needed for the plans and suggested that the Subdivision Rules & Regulations should be revisited to simplify some of the process. Mr. Lay confirmed that the subdivision had legal access according to the original 1986 subdivision. Waivers will be requested for: buildable portions of areas 2.06.b 4, location of all permanent markers, provisions in the Form D Covenant for landscaping, a separate topographical map, and
scale. Also the 3.02 Public Open Spaces provision from the Wellfleet Subdivision Rules & Regulations that allows the Open Space Committee to reserve for a period of three years Lot 19 “to give the Town the opportunity to purchase it for park or recreation purposes” needs to be noted. Lot 19 will not be released from the covenant for a period of three years. The realtor’s attorney will draw up an agreement letter for first refusal, Mr. Lay said. Mr. Lay asked the Board if they considered Lot 19 an important property to be kept as Open Space. O’Connell and Reinhart said reservation of Lot 19 was a request by Open Space which would end up going to Town Meeting for a vote. Alfred Pickard requested that the Open Space submit their request to hold Lot 19 for three years in writing. Mr. Lay said that he hoped to receive approval of the plan subject to inclusion of the waivers, the reservation
of Lot 19, and the removal of Section 10 from the Homeowners’ Agreement.
The Board discussed items in the Declaration of Trust Homeowners Association Agreement for the subdivision. Ownership and maintenance of the road and termination of the agreement were issues that were questioned. Pickard wanted to have the statement, “Lots shall not be further subdivided,” noted on the plan. The rest of the Board agreed that this should be included on the plan.
Pickard moved to approve Definitive Subdivision #13-07 subject to conditions that all bounds be placed and depicted on the plan, scale is included on the locus plan, Open Space has an opportunity for three years to purchase Lot 19, the removal of Section 10 from the Homeowners’ Agreement, and the inclusion of a statement that no further subdivision of the lots will be allowed. Jan Morrissey seconded. The motion carried 6-0.
An abutter who had discussed with his attorney the potential for damage to the existing Howard’s Court entrance road asked about this. Planning Board directed him to the developer since Planning Board has no jurisdiction over the private road. Mr. Lay said that the Hahns, developers of the property, agreed that they will be responsible for any damage to the road.
The hearing closed at 8:00 p.m. and the regular meeting proceeded.
Eric Larsen resumed his participation in the meeting.
Clarification of National Seashore Zoning Bylaws
The Building Inspector had requested some clarification of building coverage in the National Seashore Zoning Bylaws. Former Planning Board Chair Gooz Draz was present to explain the creation of the existing Zoning bylaw 5.4.3.2 for floor area in the National Seashore Park District. He suggested that Planning Board renew the effort to improve the wording of the bylaw for size in the National Seashore Park District. Draz and the Board discussed: the definition, porches, basement exclusions, and massing. The Board made changes to the definition. The provisions for attached garages in the existing bylaw were reconsidered. Basement garages will now be among the excluded items for coverage. The Board revisited Footnote #1 for 5.4.3.1 Maximum National Park Gross Floor Area
(NSPGFA). This sets limits of size for dwellings and dwellings with their accessory buildings. The Board made some clarifying revisions to Footnote #1 but did not change the size limitations. Jan Morrissey will make the revisions and send a copy to the Building Inspector for his opinion before presenting it to the Planning Board.
Section 6.24.2 (c) and 6.24.3 section 6 of the existing ZBL also need a clarifying revision, which Jan Morrissey will make.
Hearing Schedule
The NPSGFA revisions of Zoning Bylaws and the Medical Marijuana Dispensary bylaws need hearings scheduled and advertised. The next meeting will be January 2, 2014 to deal with Medical Marijuana comments from Town Counsel. Chair Gerald Parent explained in advance some of Town Counsel’s comments on Site Plan Review. Planning Board will proceed with the hearings after their consideration of Town Counsel’s review.
ZBL Definitions
Storage Containers which remain on property are becoming a concern. Janet Reinhart will bring more material on this to the January 15, 2014 meeting. Lot Coverage definitions dealing with the containers will also be taken up at this meeting.
Landing Strip Property (Map 42, Parcel 601)
The Board will ask Town Administrator Harry Terkanian about possibilities for dealing with the Landing Strip property and agree upon a meeting date.
Cottage Colony Bylaws
Janet Reinhart had provided the Board with information from Massachusetts Department of Housing and Community Development (DHCD) on Compact Neighborhood Zoning 3 that is considered “Smart Growth.” She said that cottage colonies might be used for a compact neighborhood if there was a revision to cottage colony bylaws, possibly through an overlay district. The Board discussed approaches to creating affordable housing. DEP regulations come into play for water systems for density of units on lots.
Minutes of 12/4/13
Reinhart moved to approve the amended minutes of December 4, 2013. Morrissey seconded, and the motion carried 6-0.
Agenda for Next Meetings
Agenda for the January 2, 2014 meeting will concentrate on the Medical Marijuana Dispensary bylaw. The agenda for the January 15, 2014 meeting will include definitions for containers and lot coverage and LCPC Recommendations.
Adjournment
The meeting was adjourned by consensus at 10:00 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 1/15/14.
Public Records Material of December 18, 2013
1.) Definitive Subdivision #13-07 is on file in PB permanent records
2.) Zoning Bylaw 5.4.3 proposed revision
3.) DHCD Massachusetts Compact Neighborhoods Policy
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