Planning Board Minutes
Wellfleet Planning Board Minutes
Wellfleet Senior Center, 715 Old King’s Hwy
April 5, 2017, 7:00 PM
Present: Chair, Gerald Parent, Andrew Freeman, Mary Ellen Manning, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard.
Absent: Beth Singer
Others Present: Assistant Town Administrator Brian Carlson, Martha Hevenor, Cape Cod Commission.
Chair Parent called the meeting to order at 7:04 PM.
Minutes
Minutes March 1, 2017 approved as amended. Moved by Jan and seconded by Alfred. Motion carried 5-0-1.
Application for Preliminary Subdivision Control – Map 21 Lot 54 – 135 Pine Point Rd PSD # 17-01.
Chet Lay presented the application. The proposal is to change it from a cul-du-sac to a “T” driveway, but the layout of the cul-de-sc will remain so adequate frontage is achieved. The layout is a private way. The applicant will need a waiver for no paving of the turning area. The fire department did an inspection and commented that they did not need access to the cul-de sac as fire service can be made from Pine Point Road. There will be a covenant that will be recorded. Lay will supply the full list of waivers to the Planning Board.
Motion to approve preliminary subdivision was moved by O’Connell and seconded by Pickard. Motion carried 6-0-0.
Martha Hevenor, Cape Cod Commission Planner – Cluster Bylaw
Hevenor elected to give several examples of Open Space Residential Development (OSRD) bylaws from around the state.
In some cases, developers, don’t take the route of seeking a Special Permit. Exploring "by-right" options would make development more appealing to a developer. She stated some questions to think about such as: What would the review process be for this? What elements in the zoning bylaw could be used? The review and discretion takes place at the subdivision level. Site plan review is not a recommended approach. It does not have any teeth and is more of an administrative procedure. Wellfleet currently does not have site plan review and would not be advisable to use it as a tool in this regard.
Morrissey asked Hevenor to give the Board an overview of where we are in the process.
Hevenor explained how the process is developed stating that she looked at developing a by-right path forward. Subdivision regulations and the zoning bylaw would need to be consistent. One approach is to utilize the subdivision regulations and to allow for a OSRD option by right and the process would be spelled out in the subdivision regulations.
Chair Parent asked; How do we get to the number of lots you can have?
Hevenor stated that a subdivision plan would have OSRD applied to it. There is a choice that can be created whereby a developer could apply by-right. If they don’t they can go through the standard subdivision path. The incentives are the smaller lots and the affordability bonus. Smaller lots and shorter area for extension of utilities help to reduce costs. The density bonus may not always be attractive. Not certain how much more density is possible.
It was discussed to take the draft on hand and make it by-right.
O’Connell asked if the Subdivision Rules and Regulations would need to be set up to allow for OSRD
Manning and Morrissey asked if the OSRD should be made mandatory.
Parent stated that he is apprehensive that it is geared for larger parcels which we don’t have in Wellfleet.
Freeman asked, what is going to incentivize a developer to want to seek OSRD?
Hevenor stated that an update to the cluster bylaw is the goal and to make something that is more feasible. For the few larger parcels, we could get more open space, affordable units and better design. She said we could explore the by-right cluster option and look at a 2 to 4 acre parcel along with shared driveways, multiple units of not more than 3 bedrooms per unit to get to a better subdivision design.
The Board asked Hevenor to continue examining this topic and invited her to come to a future meeting.
Discussion of Historic Medallions and sign bylaw
O’Connell gave a few comments and it was concluded that the Board would not bring anything to Town Meeting and they would evaluate if it is even needed. O’Connell will contact the proponents to say that we will work at this after the TM.
Historic Demolition Delay bylaw ATM Article 30
Parent discussed the request that the Historic Commission would like to expand the demolition delay from 12 months to 18 months. It is a general bylaw not a zoning bylaw. There was not a positive general reaction; the Board decided to take no action on the item and members could comment on their own if they so desired.
Disposition of Town owned land – Pleasant Point Bulkhead ATM Article 39
Bob Perry was present to discuss the request. He is the engineer for the proponents of the project. He has been working on this project for about three years. The existing bulkhead was approved in 1987 by the Conservation Commission. Pleasant Point abutters recognize that the coastal bank was being used for their benefit. Town made a tax-taking of the land in 2000. Abutters would like to rebuild the bulkhead. The rebuild of the bulkhead has been approved by the Conservation Commission under a new order of conditions and includes a soft solution at the east end of the structure. The area of the land proposed to be sold is about 10,000 sq feet. Michael Sutton has been contracted by the Town to conduct the appraisal. The abutters shall pay the costs of the appraisal.
Parent asked for the linear footage of the bulkhead. Perry responded that it is about 400 linear feet. The older segment is the subject of this disposition request as about 245 linear feet.
Freeman asked; If there is a way to do this without having the bulkhead or, perhaps, having a rock revetment. Perry responded, as it ages it will fail. Without the bulkhead the coastal bank will respond naturally.
Pickard stated that in the 1986 orders the applicants were supposed to do beach nourishment, but that did not occur. The bulkhead has become compromised due to the lack of beach nourishment and undercutting that has occurred. Perry explained that the wall is starting to fail. The permit that was issued in 1986 did not state a volume. The new order of conditions requires a nourishment program that includes volume. Pickard asked; should the town consider selling the land when the maintenance of the wall was not done?
Perry explained that beach nourishment that is typically called for is nourishment that is otherwise donated by the coastal bank. It rarely stays in front of the bulkhead where it is placed. It typically does not build the beach but rather benefits the greater system. There is no information about any past beach nourishment. The new permit from 2014 that has been issued contains more teeth. The end condition on the permit is the addition of sand and the use of fiber products – the Patterson’s are required to keep up the maintenance.
Pickard believes that the liability aspects explained in a Town Counsel opinion may not be accurate since some fault may be attributable to the lack of re-nourishment.
A discussion ensued about the top of the bank being the property line of the parcels, not necessarily the lots lines as shown on the Assessor's Map.
Chair Parent, asked was recommending this warrant article a good idea based on the information available? Pickard expressed concern about not knowing the appraised value.
O’Connell said, Open Space Committee had questions about access as did the NRAB, but he believes that these committees are still evaluating.
Morrissey moved that the Planning Board make no recommendation. Freeman seconded. 4-2-0.
Charter Review Committee Request
O’Connell, discussed having alternates on the board and the scope of other responsibilities of the PB in the Charter, notably the involvement with the comprehensive planning process. Jan expressed concern that this was a statutory responsibility. O’Connell explained the CRC has been advised that such issues can be changed by a local charter. O’Connell will do more research. No decisions were made.
Town Meeting Warrant
Article 40: Kendrick Ave easement. Morrissey moved to recommend Manning seconded. 6-0-0.
Liaison Reports
None
Correspondence
None
Future Concerns
Large size assessor maps.
2016 Printed Zoning Bylaw
Review Commercial Business Bylaws
Publish PB packets online
Invitation to Julian Cyr to meet with Board
Agenda for April 19, 2017
Historic Demolition Delay ATM Article Review
Sam Hall Sub Division
Town Meeting Warrant
Disposition of Town Land – Pleasant Point Bulkhead
Adjournment
The meeting was adjourned by consensus at 9:20 PM.
Respectfully submitted,
__________________________ _____________________________________________
Brian Carlson, ATA Gerry Parent, Chair Date
Public Records materials of 4/5/17-No Records to Note