Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Highway
June 7, 2017, 7:00 PM
Present: Chair Gerald Parent; Vice-Chair Janet Morrissey; R. Dennis O’Connell, Alfred Pickard, Beth Singer
Regrets: Andrew Freeman
Others Present: Brian Carlson (Assistant Town Administrator), Robert Reedy (JM O’Reilly Associates) Ted Malone (Community Housing Resources), Tim Brady (East Cape Engineering), Stephen Oliver and Sylvia Smith
Chair Gerald Parent called the meeting to order at 7:00 p.m.
Announcements, Open Session & Public Comment
There were no announcements or comments for the Open Session.
DSD13-02 - Horton Subdivision Discussion
Chester Lay of Slade Associates, property owner Donald Horton and Timothy Brady of East Cape Engineering explained what had been done on Josem Way for the Horton 3-lot Subdivision #13-02. Brady had engineered the road and will be taking over the project since Lay has retired from Slade Associates. Brady has updated Planning Board with the requested road inspections.
ANR 17-02 - 75 Cahoon Hollow Road
Robert Reedy of J.M. O’Reilly Associates presented a 2-lot ANR plan for 75 Cahoon Hollow Rd. (Map 16, Parcel 66). His plan showed setbacks, frontage and area of the lots. He explained the ownership of the driveway shown on Lot 2 of the plan and a small easement located on Cahoon Hollow Rd. Old tracks indicated on Lot 1 seem to be the remains of Old King’s Highway. Reedy produced the deed of record to determine ownership of the roadway. He said the deed did not reference Old King’s Highway, but there was reference to the easement on Cahoon Hollow Rd. Without knowing the ownership of the remnant of Old King’s Highway, Chair Parent said it appears that Lot 1 does not have adequate frontage or area. Reedy is willing to waive the 21 day endorsement deadline in order to clarify this issue. He will submit a letter to confirm the deadline and return to the Planning Board with the information and the deed.
Pickard moved that application for 75 Cahoon Hollow Rd. ANR be revisited on June 21, 2017 as long as the letter is submitted requesting the extension of time. O’Connell seconded, and the motion carried 5-0.
120 Paine Hollow Road 40B Application Referral
Ted Malone of Community Housing Resources and Timothy Brady of East Cape Engineering came forward to discuss the Affordable Housing 40B Application for 120 Paine Hollow Rd. (Map 29, Parcel 300). They explained what they will be staking on the property. Mr. Malone gave an overview of what is planned: eight units, all one- and two-bedroom units with two parking spots per unit. There will be visitor parking provided as well. The units are all built on single levels, adaptable for limited mobility. The 40B Waiver is being requested for multiple homes on a single lot.
The driveway is designed with a radius large enough for a fire vehicle turn-around. The last approximate 25 feet of the driveway is flat and level with Paine Hollow Rd. The driveway has a 15.75% grade. Brady said traffic through the steep driveway is not expected to be heavy. He said he does not consider the driveway to be hazardous. Malone said that the ZBA will be engaging a traffic analysis through the Cape Cod Commission.
Members of the Planning Board asked about traffic flow on Paine Hollow Road and sight lines in both directions from the proposed driveway. Board members commented negatively about the steep slope of the driveway that opened the property to liability issues. Malone said they had made tradeoffs to keep the setbacks from the neighbors, but there is a corner that abuts another Town owned parcel where the buildings could be shifted further towards the setback in order to adjust the driveway slightly. O’Connell asked about the grades of the two steep driveways that precede 120 Paine Hollow Rd. on the same side of the street. Brady said that the Gull Pond Affordable Homes driveway slope is 12.75%. Chair Parent commented on the greater slope at Paine Hollow Rd. Brady discussed winter conditions and the slope.
Chair Parent said the major concern is the slope of 15.75%. He discussed the level access on the other side of the property at Lewis Paine Rd. that had not been available. Pickard recounted several attempts he had made to interest the Town in taking that road by eminent domain.
Malone asked if there was a slope number that the Planning Board would be comfortable with. He said there need not be a concern for fuel trucks navigating the road because the housing units are all electric with solar panels. Chair Parent recalled an early subdivision with a 12% grade that was acceptable, but still considered very steep. Major safety concerns are an issue after 12.5%, he said.
Malone gave the time frame for the Comprehensive Permit and the State deadlines to apply for $1 million in funding. The Town is also planning to apply for a Community Development BLOCK Grant for infrastructure worth around $350,000. A delay will jeopardize possible funding, Malone said. Besides the State and the Community Development BLOCK Grant there are several smaller grants for the development.
Pickard asked about Exhibit 7, the MESA review for Endangered Species. Brady said they will be requesting an extension for the MESA review.
Singer commented on the time frame that Malone is working under with the ZBA. Planning Board has two more meetings before the 40B goes before the Zoning Board of Appeals. Malone will be invited back to the June 21, 2017 Planning Board meeting. Brady will be able to attend that meeting with the information on the Gull Pond Driveway grade. He will also offer possible changes in slope for Paine Hollow if the buildings were shifted further back.
C2 and Food Truck Overlay
Stephen Oliver and Sylvia Smith were present for the Food Truck discussion.
The Board had questions regarding the C2 District and a Food Truck Overlay. Morrissey asked if there were businesses that were not specifically listed for the C2 District. She questioned allowing Food Trucks in the C2 District. She also said her preference would be for a Planning Board created Zoning Bylaw rather than a Petitioned Article before Town Meeting. Basically, the C2 District is non-retail; most of what is allowed is by Special Permit through the ZBA.
The Planning Board discussed presenting the bylaw again but with more advance publicity and education of the public about its purpose. A new approach is needed if the bylaw comes back to another Town Meeting. If the C2 District is opened for retail sales from food trucks, it would need to be opened be for all retail, something that was not considered desirable. An Overlay on Route 6 was another option the Board considered.
Oliver expanded on the consequences of opening the C2 District to retail. He said it would not create year-round jobs. He agreed that re-presenting the bylaw with more education of the public was needed. Oliver related the safety situations that parking for the food trucks on 2207 Route 6 created last year.
Carlson asked about creating an Overlay that allowed only food trucks. Planning Board members discussed how this might work. Smith spoke up against spot zoning. A poll of the Board indicated that everyone agreed that the Food Truck Bylaw should be brought back to Town Meeting. However, there was consensus that they did not want to create an Overlay District.
Correspondence
O’Connell reported two items of interest in the Correspondence File. One was a Proposed Disposition of Town-owned land, Map 47. Action on this will come back to the Planning Board. A copy of a letter to the Board of Selectmen from former Planning Board member Mary Ellen Manning was in the file, and a response to the letter from VC Morrissey.
Agenda for Next Meetings
Chair Gerald Parent reviewed items for the June 21, 2017 meeting: ANR for Cahoon Hollow Rd., Martha Hevenor from the Cape Cod Commission on Cluster Development, Covenant for Farnsworth, Paine Hollow Rd. 40B, Food Truck Bylaw Discussion. For the July 19, 2017 PB Meeting, a major agenda item will be further discussion of the Commercial Business Bylaws with Town Counsel. The August 16, 2017 meeting will include the election of Planning Board officers.
Adjournment
Janet Morrissey moved to adjourn. Dennis O’Connell seconded, and the motion carried 5-0.
The meeting was adjourned at 9:45
Respectfully submitted,
_________________________ ________________________
Mary Rogers, Secretary Gerald Parent, Chair
Public Records material of 6/7/17
- DSD #13-02 is filed in the permanent Planning Board records
- ANR #17-02 is in the permanent Planning Board Files
- Plans for 120 Paine Hollow Affordable Housing
- Letter from Town Administrator One was a Proposed Disposition of Town-owned land, Map 47
- Letter from Mary Ellen Manning to the BOS dated 5/22/2017
- Letter from Vice Chair Jan Morrissey dated 5/24/2017