Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Hwy
April 4, 2018, 7:00 PM
Members Present: Chair Gerald Parent; R. Dennis O’Connell; Steve Cooney; Beth Singer; Alfred Pickard
Regrets: Vice Chair, Andrew Freeman
Others present: Don Poole from Outermost Land Survey, Inc.
Announcements, Open Session & Public Comment:
-O’Connell has been working with Habitat for Humanity on the Homeowner’s Agreement for 2082 Route 6, and believes it should be ready to review for the meeting on April 18th.
-O’Connell inquired whether there are any Planning Board members assisting with the recruitment of a Town Planner.
Meeting Minutes
Moved to approve the minutes of January 17th, by Singer. Seconded by Parent, and the motion carried, 4-0-1.
Moved to approve, as amended, the minutes of February 21st, by O’Connell. Seconded by Cooney, and the motion carried, 5-0.
Moved to approve, as amended, the minutes of March 7th by O’Connell. Seconded by Pickard, and the motion carried, 5-0.
ANR 18-01: 3017 and 3033 State Highway
Don Poole arrived at 7:15 P.M.
O’Connell asked if it was a sideline, and Poole responded yes. Pickard asked about the requirements for bounds, and the Board discussed that they can’t enforce it.
O’Connell moved that they deem it an Approval Not Required (ANR), Seconded by Pickard, and the motion carried, 5-0.
The Board members signed the Mylar (O’Connell, Parent, Pickard, Cooney, and Singer) and thanked Poole for his time.
Paul Lindberg-Review and Discussion-Scenic Roads
Chair Parent requested that the Department of Public Works (DPW) submit a proposed list of trees to be removed, but asked them not to be present until the Board has a chance to review it. He further explained that the DPW believe they do not have to advertise a public hearing if they are not conducting any roadwork, and the Chair’s suggestion to the DPW was to wait until they hear from Town Counsel. The Chair said that the Director of the DPW, Mark Vincent will contact Town Counsel directly.
O’Connell does not believe that the list provided is adequate, and continued to describe how he’s seen “blue ribbons” around trees, but wondered why there is only one tree chosen for removal. Pickard responded that the blue ribbons are from the electric company, and those trees aren’t necessarily on Town property. O’Connell said that he would like to know how the Department of Public Works arrived at the decision to compile the current list
O’Connell continued to explain that the Shade Tree Law would fall under the jurisdiction of the Department of Public Works, and then there are the Scenic Road Regulations which fall under different jurisdictions, and would require a public hearing.
The Board members agreed to schedule a site visit and a public hearing when they receive Town Counsel’s response.
C2-Warrant Articles
The Board members discussed that a petitioned article was placed before the Planning Board’s proposed bylaw, because the Select Board it believed it to be more inclusive.
Chair Parent explained that he had contacted Town Counsel, and it appears that the Attorney General (AG) could call it illegal by not encompassing all of the C2 District without the Overlay. Town Counsel anticipated the AG’s possibilities, which could be to: 1) approve the bylaw, 2) have it be challenged, or 3) have it turned down completely.
Town Counsel will attempt to contact the AG’s office. The Board can’t amend it, but the petitioner can. Chair feels that it will get turned down, but thinks the petitioner can return next year, and it could be within the scope if it includes the Overlay District.
Warrant Articles-Discussion (Some articles will require a Planning Board vote)
Chair Parent opened the discussion regarding Article 46: Disposition of Town Owned Property. The Board would like to contact the Town Administrator regarding 0 West Main Street: Parcel 14-222-0. Any transfer of land should go through the process. This will be an agenda item for the April18th meeting.
O’Connell asked about the Planning Board Articles, and the Chair responded that they were all submitted. O’Connell asked about Article 26 regarding the petitioned article for the former Council on Aging Building on Lawrence Road, and if the Planning Board should weigh in. O’Connell thinks the lot has more flexibility for use than affordable housing.
Moved to not recommend Article 26 by O’Connell, Singer seconded. The Board members discussed. O’Connell explained that he moved because the article should have come through Planning, and not be restricted to affordable housing. Pickard explained that it’s just the building being suggested, not the lot.
O’Connell withdrew his motion. Singer withdrew her Second.
Special Permit/Site Plan Review
This item will be moved to the April 18 agenda.
Liaison Reports
O’Connell reported there were two versions of the Charter on the Town website and it has been corrected.
Correspondence
-Habitat for Humanity Declaration of Trust-2082 State Highway email dated April 4, 2018
Topics for Future Concern-Nothing to note
The meeting adjourned by consensus at 8:15 PM.
Public Record:
-DPW List of proposed tree-cuttings on Scenic Roads 2018
-2017 Town Report
-Habitat for Humanity Declaration of Trust-2082 State Highway email dated April 4, 2018