Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, March 18, 2015
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Eric Larsen, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard; Assistant Town Administrator/Planner Brian Carlson
Regrets: Andrew Freeman, Janet Reinhart
Chair Gerald Parent called the meeting to order at 7:02 p.m.
Outgoing Committee Secretary Mary Rogers introduced Miriam Spencer, the new Planning Board secretary.
Minutes of 3/4/15
Morrissey moved to approve the amended minutes of March 4, 2015. O’Connell seconded, and the motion carried 4-0.
ANR #15-01 – 135 & 0 Pine Point Rd.*
Chester Lay of Slade Associates presented ANR #15-01 on behalf of the Estate of Chester W. Mahon at 135 and 0 Pine Point Rd. (Map 21, Parcels 54 & 55). He reviewed the total lot size and the percent allowed in the floodplain. Mr. Lay said there was a discrepancy in the floodplain bylaws. He explained the positioning of the sheds on the new lot configuration.
O’Connell moved to endorse ANR #15-01 for 135 and 0 Pine Point Road. Pickard seconded, and the motion carried 5-0.
Discussion of Howard Court
Chester Lay asked that the road discussion be put on the agenda for the April 1, 2015 meeting, and the Board agreed to this.
Public Hearing (cont.) Habitat for Humanity
Chair Parent reopened the public hearing at 7:22 p.m.
Leedara Zola, Victoria Goldsmith, Attorney Warren Brodie of Habitat for Humanity of Cape Cod, Inc., engineer Keith Fernandes and architect/Habitat Board member Charles Ore were in attendance to present the plan for three Habitat homes with solar panels at 2254, 2260 and 2270 Old King’s Highway (Assessor’s Map 16, Parcels 110,111 and 143).
Charles Ore described the current plan for clearing, the roadway, positioning of the houses, and a reduction in tree cutting. Keith Fernandes also reviewed the plan. Attorney Brodie said that Habitat would provide a road profile if the plan that was being presented tonight is accepted.
Chair Gerald Parent questioned Attorney Brodie about applying for a Subdivision as well as a Special Permit. The Planning Board will be reviewing the plans with a dual application in mind. One consideration is the roadway: is it to be considered a road or driveway? The Special Permit can allow for waivers on Subdivision Regulations for roads. Gerald Parent will consult with Town Counsel regarding Special Permit allowances for the road.
Board members had questions on the change in lot sizes in the new plan and adequate nitrogen credit land. Habitat will clarify the nitrogen issue with the Health Agent. Habitat has approval from MESA on the plan with the 30 ft. buffer zone and the land under the power lines, according to Attorney Brodie. Leedara Zola explained how the lot lines were planned for each homeowner. Gerald Parent requested that the surrounding fourth lot be defined as common space for a homeowners’ association.
Attorney Brodie submitted the formal, signed extension of time request for continuance of the hearing, and the Board raised the issue of a waiver of fees.
O’Connell moved to waive the $500 fee for the Special Permit. Larsen seconded. The motion carried and the motion carried 5-0.
Mr. Ore displayed a plan that showed revegetation of the site. Habitat is eager to get permission to have a temporary construction road to the site that runs under the power lines, according to Leedara Zola. This means returning for another approval from MESA. Planning Board members weighed the use of a temporary construction road vs. developing what will become the final roadway. Planning Board members discussed specifications to have the finished roadway in conformity with Subdivision regulations.
Chair Gerald Parent reported on letters from the abutters. He noted two letters from Bruce and Maryellen Littman; read a message from Anita Rubin; noted Charles Merzbacher and Marcia Dworkind’s letter; recognized a letter from Kurt and Rochelle Hirschhorn; and said the Board had received the letter from Marcia Peaslee.
Parent opened the hearing up to the public. Harry Rubinstein came forward with a diagram he had made of the property and gave a history of the project as he has experienced the process so far. He suggested a different means of accessing the property, but the Planning Board said it crossed private property that would require a taking. He does not want to see Old King’s Highway’s layout be increased to its full 40 ft. Mrs. Rubinstein also questioned the width of the travelled way on Old King’s Highway.
Bruce Littman came forward to use Habitat’s display poster of the property and ask about the “no disturb” area and the lots that will be individually owned. He presented his own sketch of existing trees and the solar angles for the rooftops of the proposed houses. Parent said that the Planning Board could not make a determination on whether or not the Habitat homes have solar installations on their roofs.
John Connors made an observation on the proposed temporary construction road under the power lines. He said that a construction road would be taking out more trees. Keith Fernandes indicated the approximate line of the clear cutting that would be needed for construction of the homes.
Bennet Goldberg, the son-in-law of Kurt and Rochelle Hirschhorn, asked about the “cube” needed for access. Fire Chief Richard Pauley addressed the Old King’s Highway access. Parent asked the Fire Chief to tag the trees that will need to be removed on Old King’s Highway. Mr. Goldberg asked if the Habitat roadway could be made of porous material. Keith Fernandes said the cost of porous paving was high and maintenance was difficult; Habitat had given consideration to a porous roadway. Mr. Goldberg then asked about drainage requirements for the proposed paved road. Fernandes said they had planned cascade drainage. Mr. Rubinstein suggested crushed rocks as a road surface.
Charles Merzbacher made points about the trees, driveways and wells on the west side of Old King’s Highway. His main concern was in the event of drainage system failure, who would be sued. Planning Board assured him that the drainage system will be certified as adequate. Mr. Merzbacher asked about the Scenic Road hearing that will be held for tree removal on Old King’s Highway. Mr. Merzbacher also asked about the scope of a Special Permit. Mr. Merzbacher wished to be on record that, in his opinion, the long route from Long Pond Road over Old Long Pond Road and under the power lines was not as high in grade as it had been represented. He said that there was a real possibility that there would be an appeal if the plan was approved in its current configuration. Parent said that the Planning Board would not entertain a discussion of potential legal actions.
Other abutters expressed their concerns. Bennet Goldberg asked that a plan be presented that would depict a temporary access road under the power lines. Parent said that was up to Habitat, the applicant. Marcia Peaslee was recognized and spoke about the clearing of trees for solar installations on the rooftops. Parent explained that the solar decision was not within the purview of the Planning Board. Mr. Rubinstein asked about the use of Old Long Pond Rd. Chair Parent explained that the Board needed to act on the proposal that is before them. Parent said the discussion on the access route would be kept open to the general public. He asked the Board to discuss the adequacy of the access from Old King’s Highway.
Fire Chief Pauley answered a question about the inadequacy of access over Old Long Pond Rd. from the turn-off Long Pond Rd. Pickard said the applicants either needed to present a plan for a construction road or continue to plan with the one road to and onto the property. Chair Parent polled the Board on the access from Old King’s Highway, and all members agreed that it was adequate even though O’Connell initially said he did not wish to foreclose the possibility of Long Pong/Old Long Pond Rd. access. Attorney Brodie said their plan is to create access from Old King’s Highway. A construction road under the power lines is a possibility but not on the plan. Pickard and Larsen asked for center line staking of the road and a road profile. Elaine McIlroy said the Housing Authority and Habitat had given a lot of thought on access to the property.
Larsen moved to consider Old King’s Highway as the access road for the Special Permit. Picard seconded, and the motion carried 5-0.
Keith Fernandes reviewed the list of requirements that the Planning Board would like to see next. Habitat will return on April 15, 2015 for the continuance of the public hearing. The Scenic Road hearing would be held at that time.
Agenda for Next Meeting
Agenda for the April 1, 2015 meeting will include: Pre-Application for Cell Tower Special Permit; Howard Court discussion; Subdivision Regulations update; Minutes and Mail.
Adjournment
Morrissey moved to adjourn. Larsen seconded, and the motion carried 5-0.
The meeting was adjourned at 9:55 p.m.
Public Records Material of March 18, 2015
* ANR #15-01 is on file in the permanent Planning Board subdivision records