Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 17, 2014
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Assistant Town Administrator Brian Carlson
Regrets: Eric Larsen
Chair Gerald Parent opened the public hearing at 7:05 p.m.
Minutes
Reinhart moved to approve the amended minutes of December 3, 2014. O’Connell seconded, and the motion carried 6-0.
Definitive Subdivision
Chester Lay of Slade Associates presented the Definitive Subdivision Plan1 for Susan J. Liston for 35 and 40 Edmester Drive (Map 12, Parcels 113 & 114). He explained the plan that involved no new lots, but a reconfiguration of the lots at the cul-de-sac, so that there would be adequate frontage on Edmester Drive. There are a few name references that need to be corrected on the plan.
O’Connell moved to approve DSD #11-03 for 35 and 40 Edmester Drive. Morrissey seconded, and the motion carried 6-0.
Affordable Housing Special Permit Hearing (Cont. from 12/3/14)
Chair Gerald Parent said the discussion at this meeting would be limited to the solar issue. Parent also said that Town Counsel had said that a Subdivision would be necessary for the three lots. Parent said the scenic road hearing could be done at the same time as the Subdivision Hearing. He said Habitat also needed to file with the Board of Selectmen for request to work on a Town road. If the access road is deemed inadequate, Planning Board could consider that grounds for turning down the Subdivision plan, he said. The Board cannot require the applicant to do work on a Town road.
Planning Board members related their observations from the site visit they made in the morning. These included comments on tree removal for solar installations and the buffer zone. Leedara Zola, Land Acquisition and Permitting Consultant for Habitat for Humanity, answered questions regarding solar installation and the buffer zone, but the Planning Board requested a definitive answer. Keith Fernandes, engineer from J. M. O’Reilly & Associates, said that there could be more trees left undisturbed if there were no solar panels on the houses.
Chair Parent asked Keith Fernandes if there would be a problem meeting 10% grade requirements for the driveway as it will be installed according to Subdivision control law. Mr. Fernandes said they would be in compliance. Parent asked about giving thought to tightening up the location of the wells, placing the septic systems to the side, narrowing driveways to one-car, moving the houses closer to the main drive, and a walk-out basement design. Mr. Fernandes said that placement of the house in the first lot was done with consideration of vehicle lights coming and going from the other two houses. He answered a question about moving the main drive and the three houses to the north. If solar is not an option, Mr. Fernandes said there could be a number of changes to the plan. He gave distances from the present house locations to the buffer zone. He answered a question on using a shared well and septic system and said that could cause other future problems for the homeowners’ association. There was more discussion of saving trees as much as possible, but Leedara Zola said there could be no promises at this time.
The MESA review2 was completed with no adjustments to the proposed plan. The Planning Board discussed keeping the buffer zone and the solar installations. Pickard said he was opposed to restricting the lots more through a larger buffer which would be more than the setbacks for any other lot in Wellfleet. The majority of the Board was okay with the 30-ft. buffer zone with a specified no-touch restriction on it.
Gerald Parent opened the public hearing to comments from the audience. Abutter Bruce Littman came forward to present his “Bird’s Eye View” solar map, 3 showing the elevations and effect of the loss of trees and to review his list of the pro’s and con’s of solar energy.
Harry Rubinstein asked about NSTAR’s role in denying access under the power lines. He questioned the fire chief’s findings on access but will hold his comments for another night.
Marcia Peaslee asked about the accuracy of Bruce Littman’s calculations about tree loss. She said she would like to see a plan without solar installations. John Connors commented on the size and scope of the clearing that would be needed for solar.
Marcia Dworkind asked if there was any consideration of doing a solar installation that was not on the rooftops. Charles Merzbacher asked Planning Board to be aware of the tremendous amount of earth moving involved in clearing the lots. Through the chair, Mr. Merzbacher asked Leedara Zola about the financial incentives for using solar energy. Victoria Goldsmith, Executive Director of Habitat for Humanity of Cape Cod, explained Habitat’s efforts to balance neighborhood interests with funding opportunities that were available at this time. Mr. Merzbacher wished to be on the record saying that he had a hard time believing it was a cost saving to the homeowners.
Planning Board members decided it was within their purview to determine whether or not solar panels should be installed. Attorney Warren Brody from Habitat discussed a future landscaping plan using native species and drought resistant plants. Gerald Parent suggested that Habitat submit the revegetation plan to Planning Board as soon as possible.
Dan Magio commented that solar power is not always the right answer. John Connors asked if Habitat could present an alternative plan without solar installations. Attorney Brody said the design was driven by solar considerations. He understands that Planning Board is concerned about earth moving and clearing of the land.
The hearing will be continued to February 18, 2015, and Gerald Parent requested that the hearing time be extended for sixty days. Habitat agreed to this extension of time. Parent recommended that Habitat approach NSTAR again about access. From the floor, Mr. Merzbacher suggested that the Town would have more clout contacting NSTAR. Parent said it is not up to the Planning Board. Marcia Peaslee asked about Habitat contacting NSTAR.
Morrissey moved to continue the hearing until February 18, 2015. O’Connell seconded, and the motion carried 6-0.
Road Discussions
Gerald Parent gave an update on Howard Court’s road work. Paul Lindberg has inspected the catch basin and depth of the paving and submitted a report.4 Parent asked that Board members go inspect the road and catch basins. Alfred Pickard said there was still more work that needs to be completed. There is no data on the old catch basins. Planning Board will determine what calculations are needed for the catch basins on the hill in the new section of the road.
Parent said another new road for the Horton subdivision DSD #13-02 has not been properly staked or compacted. He asked that other Planning Board members go inspect the road for its layout. There have been no inspection reports submitted as specified in the Wellfleet Subdivision Regulations.
Morrissey moved to send a letter to cease all work and request the reports as required by the Subdivision Regulations 6.0.4. Pickard seconded. The motion carried 6-0.
Agenda for Next Meeting
Agenda for the January 7, 2015 meeting will include: Horton Subdivision road; sign bylaw revision; definition of dwelling; Town Counsel opinion on Home Industry, Home Occupation and Service Trades; Howard Court discussion.
O’Connell said that Cape Cod Commission had sent enabling regulations on Developments of Regional Impact (DRI’s). He said Planning Board would need to review Zoning Bylaws on DRI’s. Cape Cod Commission is also holding a number of workshops on fertilizer management, he said.
Adjournment
Morrissey moved to adjourn. O’Connell seconded, and the motion carried 6-0.
The meeting was adjourned at 10:08 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 1/7/2015.
Public Records Material of December 17, 2014
1.) DSD #14-03 is filed in the PB permanent records
5.) MESA communication to Habitat fro Humanity
3.) Bruce Littman’s calculations on Habitat lots
4.) Howard’s Court information