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Planning Board Minutes

Meeting date: 
Wednesday, April 15, 2015

Wellfleet Planning Board

Minutes of Meeting on Wednesday, April 15, 2015

Wellfleet Fire Station, 7:00 PM

Present: Gerald Parent, Chair; Andrew Freeman, Eric Larsen, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart, Assistant Town Administrator/Planner Brian Carlson

Guests: Chet Lay of Slade Associates; Habitat for Humanity: Warren Brody, Keith Fernandez, Vicky Goldsmith, Bob Reilly, Leedara Zola

Chair Parent opened the meeting at 7: 00 PM

Minutes of 4/1/15

These minutes were not voted on as they were missing from packets on 4/10/15.

Howard Court Discussion

Chet Lay presented the amended Hahn Subdivision HOA agreement, which states that the catch basins at station 6+59.09 would be maintained by the HOA.  The Planning Board brought up the Subdivision Regulation 2.06.m that states that a road maintenance trust fund must be formed, charging the developer $500/lot.  Chet Lay agreed to provide a letter to the Planning Board regarding the formation of the maintenance trust fund, and documentation that the sum of $4,500, or $500/lot has been deposited in the trust.  Morrissey made the motion to release the lots in the subdivision with the understanding that the developer would provide a letter stating that such a fund had been created, and documentation of the $4,500 trust.  Freeman seconded.  The motion passed 7-0, and the letter to release the lots was signed by the Planning Board.

Habitat for Humanity Special Permit Hearing continuation

The Planning Board was provided with a packet containing an updated site plan with road profiles, drainage calculations, a landscaping plan, and draft HOA documents.  Keith Fernandez, the engineer for the project presented the updated plans.  Parent asked that a berm or lip be added to the plan to prevent sand from washing into the catch basin.  The question arose as to what the construction timeline would be.  Construction Manager Bob Reilly stated that all three units would be built at the same time, shortening the window of large truck use of the road.

Chief Pauley stated that the house numbers need to be posted at the “paved surface” entrance to Old King’s Highway and on the houses. 

At this time, the applicant stated that creating a temporary construction access road through the Eversource easement connecting to the paved surface within the subdivision has not been ruled out. Bob Reilly Construction Manager suggested that the construction road be used exclusively during construction in order to protect the paved surface within the subdivision.  Warren Brody said that the construction road need not be part of the special permit.

Attorney Zender stated that the access road would be beneficial in limiting traffic, damage to the road, damage to trees, and inconvenience to abutters.  He asks that the applicant minimize the visual impact of driveway in some way.  He would like the Planning Board to require these conditions.  He disagrees with Warren Brody that the road does not need to be part of the special permit process.

Abutter Conners asked for a sketch of the proposed access road.  Bob Reilly provided the sketch and explained it, as well as the material, T-Base, that would be used for the surface.  The Board examined the sketch. 

Abutter Rubenstein asked Engineer Fernandez if he would recommend the subdivision road come in at another location.  Fernandez was counseled not to answer.  Rubenstein expressed frustration at not being heard in regards to the placement of the subdivision road.

Abutter Littman objected to the temporary access road.  He expressed concern over trees being taken down above his property in order to accommodate the access road.  He asked for clarification on the restrictions on the “No Touch” area.

Abutter Rubenstein expressed concerns about local traffic safety and the use of the roads by construction vehicles.

Abutter Conners pointed out that the area intended for the access road is sand and would require substantial rehabilitation once the access road is retired.

Abutter Rice asked about the timing of the Scenic Roads hearing.  It was stated that the Scenic Roads hearing will take place along with the Subdivision hearing in May or even June.

Parent asked for clarification on the placement of the access road.  The drawing had been superimposed on an old plan so the road appears to run through future house foundations.

Attorney Zender pointed out that the applicant needs to ask Eversource if the easement can be used.  He suggests that the board let the applicant try to get permission to use the land for the access road.

Concerns were raised about the restoration of the access road area after its use is discontinued.  The plan is to remove the surface material and replace it with the topsoil and sand that will be displaced during excavation.  Then the area will be replanted. 

The Board expressed its concern about the proposed access road.  The expense, the loss of trees, and the impact on the street view make the Board disinclined to support such a road. 

Chief Pauley assured the Board that the 14x14 cube required for passage of safety equipment on Old King’s Highway will get marked within the next two weeks.

At this time, Chair Parent chose to close the public comment portion of the discussion.  The Board agreed to hold one more meeting, on June 3rd, in order to fully digest and discuss the Special Permit application.  At that time, the Board would draft a list of conditions.  The Board asked the applicant to provide a draft of Findings of Fact prior to the June 3rd meeting for it to consider.

(Members Larsen and Reinhart left the meeting at this point.)

Consultant Fee Regulation for Special Permit Granting Authority revision

Morrissey pointed out that there is a discrepancy between what posted on the Town website and what the Planning Board approved on 3/6/13.  ATA Carlson and Secretary Spencer will make the revisions and provide the Town Clerk with a revised document.  Pickard moved that Planning Board accept the revised document as submitted in the packet. O’Connell seconded, and the motion carried 5-0. 

Town Warrant

Parent and Morrissey will represent the Planning Board at the Pre Town Meeting on 4/17/15 at the Wellfleet Public Library.

Correspondence:

O’Connell stated that there was nothing of note to report.

Future Concerns:

Preparation for Telecommunications discussion

Agenda for April 22 (@ Wellfleet Fire Station):

  • Telecommunications Tower Pre-application
  • Minutes for 4/1/15 and 4/15/15
  • Packet material deadline
  • Correspondence

Agenda for May 6(@ COA):

  • Discussion of ZBL changes suggested for Lot Area definition and flood plain inclusion (§ 6.14.2)
  • Minutes for 4/22/15
  • Correspondence

Agenda for May 20 (@ Wellfleet Fire Station):

  • Discuss July and August meeting dates
  • Minutes for 5/6/15
  • Correspondence

Agenda for June 3 (@ Wellfleet Fire Station):

  • Habitat for Humanity Special Permit, Scenic Roads, & Subdivision Hearing
  • Minutes for 5/20/15
  • Correspondence

Adjournment

O’Connell moved to adjourn. Pickard seconded, and the motion carried 5-0. 

The meeting was adjourned at 10:02 PM.

Public Records Material of April 15, 2015:

  1. Declaration of Trust, 1110 Old King’s Highway HOA Trust
  2. Habitat for Humanity Old King’s Highway Special Permit Packet
  3. Memo to PB from Commissioner Morrissey, dated 4/8/15