Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, October 1, 2014
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Planner Patrice Carson
Regrets: Eric Larsen
hair Gerald Parent called the meeting to order at 7:00 p.m.
Minutes
O’Connell moved to approve the amended minutes of September 17, 2014. Reinhart seconded, and the motion carried 6-0.
Dennis O’Connell moved to accept the resignation of Janet Reinhart as Planning Board Clerk. Morrissey seconded, and the motion carried 6-0.
Janet Reinhart nominated Dennis O’Connell as Clerk. Alfred Pickard seconded, and the motion carried 6-0.
RMD Zone
Abutter Donna McCaffery was present to discuss the newly created Registered Medical Marijuana Dispensary (RMD) Zone to the north of her property, the Even’tide Motel. She asked if the Planning Board was willing to amend the RMD zoning designation because children congregate outside her motel and because of the proximity to the bike trail that is also used by many children and families. Mrs. McCaffery requested that the new subdivision immediately to the north of the Even’tide Motel be removed from the RMD zone. Planning Board members’ comments included: the possibility of moving the zone to the north; the careful review that Planning Board had given the RMD Zone in advance; what had been said at Town Meeting; revisiting the issue with maps; and presenting a Petitioned Article at Town Meeting.
O’Connell moved to revisit the zone dimensions with an agenda time limit on the reconsideration at a future meeting. Andrew Freeman seconded. The motion carried 5-1.
ANR #14-05 - Galvin, 70 Cottontail Rd.
Chester Lay of Slade Associates and owner James Terrence Galvin presented ANR #14-051 for 70 Cottontail Road (Map 29, Parcel 3). They explained the proposed division of the property. Slade will be placing three bounds on the new lot line.
O’Connell moved to endorse the plan as ANR #14-05. Pickard seconded, and the motion carried 6-0.
Alfred Pickard moved to request an opinion from Town Counsel on requiring the setting of bounds for ANRs and perimeter plans. Freeman seconded. The motion carried 6-0.
Release of Covenant
Mr. Lay requested the Release of the Covenant2 for the Hahn Subdivision (DSD #13-07). The Board reviewed the waivers listed in the Hahn covenant. The Board outlined several concerns: the amount of water running down the new paved road into the catch basins at the end of the old part of Howard’s Court; the adequacy of the catch basin size; the transition from the old road into the new road; the berms; the catch basin grates; the absence of two-foot shoulders in many places; areas that were not correctly measured for berms; berm and catch basin problems in the cul de sac; stabilization of the grass; and clean-up issues in the original Howard’s Court subdivision.
Mr. Lay asked for a continuance to a date uncertain for the Release of the Covenant so that he can correct the problems that were called to his attention. Pickard recommended having another site visit with Mr. Lay. He and Mr. Lay will arrange to do this.
ANR #14-06 - Arntz, 65 & 66 Pinecrest Way
Alfred Pickard recused himself from the meeting and left the room.
Timothy Brady of East Cape Engineering presented ANR #14-063 on behalf of Floyd & Sharalyn K. Arntz and Jonathan K. & Susan M. H. Arntz for 65 & 66 Pinecrest Way and Old Chequessett Neck Road (Map 12, Parcels 32, 33 and a portion of 34). Mr. Brady said there are two lots held by the same owner. One lot has a deed restriction on it. The new plan retains two lots but, they will be reconfigured in a different direction. Mr. Brady said that Planning Board did not have to make a determination on the zoning bylaws regarding lot frontage. He said the Massachusetts law does not require frontage measurements on ANRs.
Planning Board expressed concern about the condition of the road and safety issues on Pinecrest Way. Mr. Brady said that was not something that Planning Board could require for an ANR. The Board commented upon safety issues and the poor drainage on the lower part of the road and recommended that measures be taken to correct them. Mr. Brady again questioned the authority of the Planning Board to place conditions on an ANR. Planner Patrice Carson said it is correct that the Board could not condition an ANR. Morrissey also expressed her concerns about overstepping legal limits of the Board’s authority. Mr. Brady asked that the Planning Board endorse the ANR. The Board discussed some legal cases from other towns that dealt with the adequacy of private ways.
O’Connell moved to deny endorsement of ANR #14-06 because of the inadequacy of the road conditions, specifically the need for berms, the necessary repaving of the existing paved portion of the travelled way and clearance of a 14 ft. box for both the height and width of the road for vehicular traffic and safety standards for fire and rescue vehicles. Reinhart seconded, and the motion to deny the endorsement carried 4-0-1.
Alfred Picard returned to the meeting.
Home Occupation Bylaws
Planning Board reviewed the September 17, 2014 draft of the Home Occupation Bylaws. 4 The definition of dwelling was called into question because it specifies that a dwelling is “exclusively for living.” Another issue concerned conducting the home occupation business outside of the dwelling. The definition of dwelling will be amended to accommodate home occupation uses.
Section 6.22.3, clause #4 was revised. Also Section 6.22.3, clause #9 was reconsidered for the seasonal restriction. Section 6.22.3, clause #11 will deal with trailers as well as vehicles. This will have to be matched in the Service Trades if clause #11 is changed.
Board members discussed review of the bylaws with other boards and/or the Town Administrator.
Service Trades Bylaws
The Board discussed the September 17, 2014 draft bylaw for Service Trades5 and matched changes with amendments in the Home Occupation Bylaws.
Administrative Assistant Michaela Miteva had requested that Planning Board make a recommendation on the disposition of Town property on Paine Hollow Rd. (Map 29, Parcel 498). This will be an agenda item for the next meeting.
Agenda for Next Meeting
The agenda for the October 15, 2014 meeting will include: revised Release of Covenant for Whereaway Lane; recommendation on disposition of Town property (Map 29, Parcel 498 ); amendment for the FEMA bylaw; sign bylaw revisions; Storage Pods; and Home Industry, Home Occupations, and Service Trades Bylaw revision.
Adjournment
O’Connell moved to adjourn. Reinhart seconded, and the motion carried 6-0.
The meeting was adjourned at 9:50 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 11/5/14.
Public Records Material of October 1, 2014
1.) ANR #14-05 is on file in the Planning Board permanent records
2.) Covenant Release for Hahn Subdivision
3.) ANR #14-06 is on file in the Planning Board permanent records
4.) Home Occupation Bylaw revision of 9/17/14
5.) Service Trade Bylaw revision of 9/17/14