Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 3, 2014
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 opened the public hearing at 7:02 p.m.
Special Permit for Affordable Housing
Habitat for Humanity of Cape Cod has submitted an application for a Special Permit* for the construction of three affordable houses at 2254, 2260 and 2270 Old King’s Highway (Assessor’s Map 16, Parcels 110,111 and 143). Attorney Warren Brodie; Leedara Zola, Land Acquisition and Permitting Consultant for Habitat for Humanity; Keith Fernandes, engineer from J. M. O’Reilly & Associates; and Victoria Goldsmith, Executive Director of Habitat for Humanity of Cape Cod, came forward to present the plans. Attorney and Habitat for Humanity volunteer Warren Brodie reviewed the proposal, described the existing property and reported on filings with Natural Heritage and Endangered Species (NHESP), state and local boards. He further explained the requested reconfiguration of the lots, access, the roadway managed by an Association, the buffer zone, the style and bedroom count of the three houses, and the intent to install solar panels. Local Initiative Program (LIP) ensures that the houses will be affordable in perpetuity and that they count towards Wellfleet’s Affordable stock. Attorney Brodie explained the lottery system and “sweat equity” system that Habitat uses. The houses will qualify for energy programs, he said.
Chair Gerald Parent asked the engineer to describe the road profile, septic system and drainage. Mr. Fernandes exhibited the full sized poster of the plan and explained the placement of the road, discussed paving, driveways, the drainage swale, the location of the wells and septic systems. He said that they had not yet done soil samples, but he expects to find sand. He answered questions on the amount of paving to be done, tightening the plan with well nesting, additional parking area, utilities, drainage possibilities, revegetation after construction, an unlikely NSTAR easement, and topography. Gerald Parent said he would like to see plans for the grade; the pavement; berms and their width; and the drainage plan, preferably catch basins. Attorney Brodie said that Habitat was used to presenting plans with a 40B approach, asking for the community’s input while the Planning Board was approaching Habitat’s request more in the style of subdivision regulations.
There was discussion of the number of hearings needed for the project. Another question concerned the turnaround for safety vehicles at the end of the driveway. Planning Board members suggested. that the entrance to the driveway could be designed for turns in either direction onto Old King’s Highway. Leedara Zola discussed the nature and responsibilities of the homeowners’ association.
Alfred Pickard asked about the property not being maximized for construction of at least one more house. Leedara Zola explained Habitat’s rationale for planning three houses for the property. Parent polled PB members on fitting in a fourth home. The Board was split with two members preferring remain with three, one who could agree with 3 or 4 houses, and four members who preferred including a fourth house. Pickard discussed the financial advantages to the future home owners of having a fourth house.
There was discussion of having a construction road that requires an easement from NSTAR. Fire Chief Pauley was present to address the configuration of the intersection of Old Long Pond Rd. and Long Pond Rd., and the condition of Old Long Pond Rd. Chief Pauley also expressed his preference for road access to the site from Old King’s Highway. He said he would have to learn more about the plan for a construction access road before expressing an opinion on it. He also addressed the earlier question on turn-around space at the end of the proposed driveway.
O’Connell asked about the duration of the project. Leedara Zola said typically there is a nine-month planning and permitting period, a six-month lottery period, a nine to fourteen-month build period. O’Connell asked if the construction was meeting Stretch Code standards, the MESA review and about mortgages for the homeowners.
Parent asked Elaine McIlroy, Chair of the Wellfleet Housing Authority, to address the project. She said the Housing Authority felt strongly that the plan for three houses was appropriate and respectful of the neighborhood.
Chair Parent opened up comments to the public, and several abutters spoke. Marty Magida expressed his concern for the access road. Bruce Littman came forward and outlined his concerns. He submitted his full statement for use at a future meeting. John Connors came forward and commented favorably on the plan as it exists now. Harry Rubinstein of Old King’s Highway spoke on behalf of all five abutters on Old King’s Highway. He said they supported project, but from the start they had not counted on the access coming off Old King’s Highway. The plan, he said, had been to come in from Old Long Pond Rd., which he favored.
Chair Gerald Parent discussed the Fire Chief and the DPW’s opinion of access by way of Old King’s Highway. He said NSTAR has strict procedure that makes access under their power lines difficult.
Attorney Ben Zehnder came forward and pinned a Wellfleet Assessor’s map on the presentation easel. He said he represents clients on Old King’s Highway. Attorney Zehnder asked the Fire Chief about access to Old King’s Highway in an emergency situation. He discussed road concerns and recommended use of the section of Old Long Pond Rd. that is under the NSTAR power lines for access to the property. He pointed out that the Town owns property to the west of the intersection of Long Pond Rd. and Old Long Pond Rd. He said that Habitat should take a second look at this access route. He asked if the Town had the ability to use its own land for what ever purposes it wants. He recommended pursuing use of the road under the power lines or using the west entrance of Old Long Pond Rd. to get to the property, thereby leaving Old King’s Highway alone. The Housing Authority does not own the land that connects the east end of Old Long Pond Rd. to Long Pond Rd.
Marcia Peaslee expressed concerns about tree cutting. She also went on record stating that she preferred three houses only. Mr. Littman returned to discussed access during the construction period. Mr. Fernandes reviewed site plans for tree removal. There was further discussion of clearing, particularly for solar opportunities.
O’Connell moved to continue the hearing to December 17, 2014. Janet Morrissey seconded. The motion carried 7-0.
The Board continued to discuss requirements for the project. The Board said there should be a subdivision of the lots which includes road profiles, but will check with Town Counsel. A subdivision hearing would also cover underground utilities and paving on the driveway. A scenic road hearing is needed for tree cutting purposes along Old King’s Highway. The Board will advertise for a scenic road hearing. January 6, 2015 is the earliest possible date for this. They would like to hear from the Board of Health on the proposed septic systems for the three houses.
Revisiting the planned number of houses, five Planning Board members believed 3 houses were appropriate and well thought out in advance, and two members maintained that 4 houses would be better use of the property.
Attorney Brodie asked for a sense of the Board on the solar issue of taking down trees, but the Board did not complete an opinion poll at this meeting. Mr. Fernandes said he will stake the 30-ft. buffer to help determine solar panel efficacy. Parent requested stakes for the road and the property line to the south as well. Habitat will also give the north east boundary of Lot 3 on the staking plan.
Abutters raised a few more issues. Mr. Littman discussed radiation issues under the power lines. He said examining his cross section plan of the property was important. Mr. Magida questioned the elevation of the Old Long Pond Rd. to the property. Eric Larsen reported on the grade. Mr. Magida also asked about approaching NSTAR again about the easement.
Minutes
O’Connell moved to approve the amended minutes of November 5, 2014. Parent seconded, and the motion carried 5-0.
Reinhart moved to approve the amended minutes of November 19, 2014. Freeman seconded, and the motion carried 5-0.
O’Connell reported nothing of importance in the mail.
Agenda for Next Meeting
Agenda for the next meeting on December 17, 2014 will include: the Definitive Subdivision hearing for Liston, 35 & 40 Edmester Drive; a continuation of the Special Permit for Habitat; Discussion of Howard Court; Sign Bylaws revisions; and a ZBL definition of Dwelling.
Adjournment
The meeting was adjourned by consensus at 10:30 p.m.
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 12/17/14.
Public Records Material of December 3, 2014
* Habitat’s Special Permit application is on file in Planning Board’s permanent records