Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, April 1, 2015
Wellfleet Senior Center, 7:00 PM
Present: Gerald Parent, Chair; Andrew Freeman, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard; Assistant Town Administrator/Planner Brian Carlson
Guests: William and Nancy Hahn; Chet Lay of Slade Associates; Attorney Francis Parisi; Attorney Elizabeth Thompson of Duval & Klasnick, LLC
Regrets: Eric Larsen, Janet Reinhart
Chair Parent opened the meeting at 7: 02 PM
Minutes of 3/18/15
O’Connell moved to approve the amended minutes of March 18, 2015. Morrissey seconded, and the motion carried 4-0-1
Howard Court Discussion
Freeman requested that Chet Lay explain how the catch basins at station 6 +59.09 in the subdivision plan are adequate, and who is going to be responsible for cleaning them. Mr. Lay submitted the East Cape Engineering report which concluded that the drainage would be sufficient with the required calculations. It was interjected by Nancy Hahn that an HOA had been filed. The HOA is responsible for cleaning the catch basins, as written on the As Built. Pickard expressed his concern that the HOA should be made responsible for cleaning the catch basins and that snow removal should be on the plan as well. Parent believes that these are covered because the plan states that the HOA is responsible for the maintenance of the road. It was made clear that an HOA does not expire, even when a covenant does. The Planning Board agreed to release all lots at the 4/15/15 meeting if the plan is amended to include the HOA maintenance of the two catch basins.
Telecommunications Tower Pre-application Discussion
It was noted that the pre-application does not have a “completion criteria”. Members were concerned that they had not received the packet in time to be considered. They agreed to answer questions, but were not prepared to discuss the pre-application. Attorney Thompson wanted to understand the pre-application process. She pointed out that the next step appears be to file for a variance from the Zoning Board of Appeals and a special permit from the Planning Board. O’Connell stated that the Planning Board could in effect grant a variance within the special permit by waiving or reducing the criteria.
Morrissey questioned whether there would be a suspension because the proposal falls under the purview of the Cape Cod Commission. Parent stated that the Planning Board would advertise the meeting, open the hearing, and immediately suspend it.
The waiver request would be for the fall zone which states that it should be the height of the tower plus ten feet. They ask for the reduction of setback requirements by approximately 50%. Parent expressed his concern and his unwillingness to allow such a waiver. Attorney Thompson stated that Verizon, the anchor tenant, has a gap of coverage and no other feasible alternative to providing coverage than to pursue the course at hand. Pickard stated that he would not support a waiver for the fall zone when the tower could fit on the lot without putting it too close to the abutters, the National Seashore and the bike path. Morrissey questioned whether the measurements are being taken from the center of the pole, or from the perimeter of the structure. It was clarified that the measurements are from the center of the pole. Attorney Parisi reminded the board that this discussion was solely procedural in nature, and many of the points being brought up will be covered at the pre-application meeting.
The next question Attorney Thompson had for the Board concerned when the balloon test, which is part of the application process, should take place. Proposed dates are April 25th, with a back up date of April 26th. These dates will be advertised for abutters. Parent suggested that the Planning Board would accept the results of the Cape Cod Commission’s balloon test. The rest of the Planning Board agreed to this.
Finally, Attorney Thompson brought up the sound impact assessment study. The Planning Board needs to approve the method in which this testing is done. According to Attorney Thompson, the methodology suggested in the proposal meets the DEP thresholds, and meets or exceeds the town, county, and state law. The Planning Board agreed that if the noise testing methodology passes the requirements of the Cape Cod Commission then it would be accepted by the Planning Board.
The applicant will move forward with the balloon test and the sound assessment and will report back at the next opportunity.
The Planning Board had some internal questions regarding procedure and asked the applicants to leave the room, which they did willingly.
The Planning Board will meet on 4/22/15 for a pre-application consultation.
Horton Subdivision
Chet Lay stated that the property has been blocked off and the “Fill Wanted” sign has come down. Mr. Horton, the owner is due back in May. Mr. Lay will call the owner to instruct him that he needs to contact Town Hall to schedule a meeting with the Planning Board in order to discuss unresolved issues in regards to road construction.
Subdivision Revisions
Morrissey moved that the footers be struck and instead new amendment dates be added to the cover as needed. O’Connell seconded the motion, and it carried 5-0.
Morrissey would like the Subdivision Regulations to be converted into a file that can be manipulated.
Further discussion on revisions was tabled as Morrissey and O’Connell agreed to continue working on revisions and report back.
Agenda for April 15:
- Howard Court amended HOA
- Habitat for Humanity Special Permit Hearing continuation
- Consultant Fee Regulation for Special Permit Granting Authority revision
Agenda for April 22 (@ Wellfleet Fire Station):
- Telecommunications Tower Pre-application Consultation
Agenda for May 6(@ COA):
- Habitat for Humanity Subdivision
Agenda for May 13:
- Discussion of ZBL changes suggested for Lot Area definition and flood plain inclusion (§ 6.14.2)
Adjournment
Freeman moved to adjourn. Pickard seconded, and the motion carried 5-0.
The meeting was adjourned at 9:34 PM.
Public Records Material of April 1, 2015:
- Letter from Timothy Brady dated March 30, 2015
- Pre-application Packet for Varsity Wireless, on file with Town Clerk
- Technical Bulletin 97-001, Cape Cod Commission
- document: Proposed changes to the “Rules and Regulations Governing Subdivision of Land, Wellfleet, MA, March 6, 2013”