Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Hwy
September 6, 2017, 7:00 PM
Present: Chair Gerald Parent; Steve Cooney, Vice Chair Andrew Freeman; R. Dennis O’Connell; Alfred Pickard; Beth Singer
Others Present: Assistant Town Administrator Brian Carlson; Attorney Ben Zehnder, John O’Reilly from J.M. O’Reilly & Associates, Inc.; Carl Sussman, Fred Armstrong, Mark Armstrong, and Elaine Baskin.
Chair Parent called the meeting to order at 7:00 PM
Announcements, Open Session & Public Comment: No announcements to note.
Meeting Minutes
The minutes of August 16, 2017 were approved as amended, and the motion carried by consensus.
DSD 17-03 125 Marven Way-Public Hearing
Chair Parent called the public hearing to order at 7:10 P.M.
John O’Reilly and Attorney Ben Zehnder were present to discuss the Definitive Subdivision submission for 125 Marven Way to create a two-lot subdivision. O’Connell stated that the Conservation Trust has a conservation restriction on the lot to the south.
O’Reilly presented the application expressing that the areas for each lot conform to the minimum requirements, both in area and in frontage, and the right of way had been staked out. The utilities are in the driveway that services house number two has changed, and they’re looking to relocate that driveway so that it’s completely within the layout of the new way and not overlapping the house on lot one.
O’Connell mentioned the homeowner’s agreement was not in the application submission, and he hasn’t seen any requests for waivers. Chair Parent stated if the dirt road is going to be moved, there needs to be a covenant, the underground utilities needs to be waived, there will need to be a homeowner’s agreement, and continued that the fire department didn’t weigh in because there were no proposed changes in the driveway when the application was first submitted.
O’Connell suggested reviewing Section 206 of the Rules and Regulations Governing the Subdivision of Land on the Town’s website. The Board would like to see O’Reilly return with monuments on lot corners, requests for waivers, and a homeowner’s agreement.
There was no vote for this subdivision at this time. The public hearing will be continued.
Chair Parent tabled DSD 17-03 -125 Marven Way to a future meeting.
ANR-17-02 75 Cahoon Hollow Road
John O’Reilly discussed creating two lots at 75 Cahoon Hollow Road by reconfiguring them and he stated that both lots have sufficient frontage and area, and will meet the zoning setbacks to the buildings. There had been a question regarding a portion of Old King’s Highway running through the western portion of the lot, and after it was researched, they found that the portion in questions had been abandoned by the Town.
The Board discussed that it appears to meet the frontage, the area, that no new road was created, and there is adequate access over the frontage.
O’Connell moved to approve the ANR 17-02 75 Cahoon Hollow Way, Pickard seconded and the motion carried 6-0. The Board signed the Mylar.
Habitat for Humanity-2082 Route 6 Affordable Housing Application
Leedara Zola introduced herself on behalf of Habitat for Humanity for a discussion on an upcoming application filing under 6.28 Affordable Housing. A full project presentation will be submitted at a future meeting. Chair Parent asked for a synopsis of the proposed project and what is to be expected for the grade, catch basins, and road profile.
O’Connell asked if there would be a subdivision application on this project. Chair Parent responded that there was on the last Habitat job and they ran concurrent. O’Reilly said they started out with a simple layout plan, but will bring a plan and profile which address the comments of the Board.
Chair Parent requested to see road profiles, 8% grade, catch basins, berms, and drainage. Pickard offered that with the road profiles, there should be a list of waivers. The Board asked what the width of the proposed driveway(s) would be and O’Reilly said 12 feet. The Board recommended paving the driveways.
The Project will be submitted as a Special Permit and a Definitive Subdivision. O’Reilly and Zola agreed to a Public Hearing scheduled for the October 18th meeting.
Discussion: Monitoring Financial/Time Status of Cape Cod Commission
The Board requested an update from the Cape Cod Commission regarding disbursement of District Local Technical Assistance (DLTA) Funds for the work performed to date for the Flexible Cluster Subdivision Bylaw, now Affordable Flexible Residential Development. They would like to know if the information will be prepared in time for Town meeting. The Board members asked Carlson to request information from the Commission.
Discussion-C2 District Zoning bylaws
Chair Parent addressed a letter that was submitted August 24, 2017 to the Planning Board by Carl Sussman and other residents, regarding their concerns about the C2 District. The Chair stated that this is not a public hearing, but a discussion at a public meeting. Pickard mentioned he owns three lots in the C2 district, and made it clear that he is a landowner. Residents Carl Sussman, Fred Armstrong, Mark Armstrong, and Elaine Baskin were present.
Sussman said they are concerned about recent development in the C2 district and with the enforcement of the provisions that are unique to the C2 district under the zoning bylaw. He continued that he would like to see two issues addressed: that approval process for development within the C2 district provide for more citizen input, and to see if there is a way to limit the amount of commercial building development within the C2 district.
O’Connell offered that service trade industries require a special permit regardless of location, which should take in to account the criteria described in the zoning bylaw. Sussman asked the Board if they went through a special permit process. Chair Parent said It was permitted by-right, not by special permit.
Chair Parent continued that when a building permit is issued, there are special requirements for building specifications that need to be accomplished before the use and occupancy permit is issued by the building inspector. If there were a provision for site plan review, then the Planning Board could be involved in reviewing proposed development within the district. Carlson reaffirmed that even if there is site plan review, the Planning Board would not have the right to deny the project if the use is allowed by right, but would have some control over the aesthetics of the project.
Freeman said that the Board is in the process of drafting a by law that will focus on some or all businesses going forward. The proposed bylaw will be subject to hearing and presentation at Town Meeting in April.
The Board thanked the residents for their time.
Commercial Bylaws
The Board reviewed a Draft of a Commercial Special Permit for Site Plan Approval bylaw prepared by O’Connell for the Board to review. They discussed what the Draft should contain, how detailed it should be, and the scope of the proposed bylaw.
Singer moved to send the Draft to Town Counsel to guide the work they are doing on the proposed bylaw.
Cooney Seconded the motion. There was further discussion.
Freeman believed the draft should cover more than it does, and the Board will need to give Town Counsel direction. The Board made revisions to the Draft.
The Board returned to the main motion. The motion was stated as: All in favor of sending the Site Plan Approval (Draft) to Town Counsel as amended, and the motion carried 6-0 (All input encouraged from members of the Board and Town Counsel.)
Site Plan Review-Special Permit (Draft)
Discussed under Commercial Bylaws
Barnstable Registry of Deed and Land Court Notifications
The Board signed the notifications of resigned, current and new members to be sent to the Barnstable County Registry of Deeds and the Land Court.
Liaison Reports
-Appointment of alternate members.
-New Chapter 8A under General Provisions in the current Charter.
Correspondence
-Letter from Carl Sussman dated August 24, 2017
-Letter from the Cape Cod Commission dated September 1, 2017-Wellfleet DLTA Update
Topics for Future Concern-No Topics to note.
Agenda September 20, 2017
DSD 17-03 Marven Way
Site Plan Review
Liaison Reports
C2 District
Food Trucks
Meeting adjourned by consensus at 9:35 P.M.
Public Record:
-Letter from Carl Sussman dated August 24, 2017
-Letter from the Cape Cod Commission dated September 1, 2017-Wellfleet DLTA Update