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Planning Board Minutes

Meeting date: 
Wednesday, June 3, 2015

Wellfleet Planning Board

Minutes of Meeting on Wednesday, June 3, 2015

Wellfleet Fire Station, 7:00 PM

Members Present: Gerald E. Parent, Chair, Andrew Freeman, Eric Larsen, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard

Members Absent: Janet Reinhart

Others Present: Assistant Town Administrator/Planner Brian Carlson, Varsity Communications: Francis Parisi, Habitat for Humanity of Cape Cod: Warren Brody, Keith Fernandez, Leedara Zola

Chair Parent opened the meeting at 7:02 PM

Minutes of 5/20/15

O’Connell moved to approve the May 20, 2015 meeting minutes as amended.  Parent seconded, and the motion carried 4-0-1.

Varsity Wireless Telecommunications Tower Hearing

Chair Parent opened the hearing and accepted the motion to suspend the hearing immediately in deference to the Cape Cod Commission who will be hearing the matter first and make its own determination.  Freeman made the motion to suspend the hearing, Morrissey seconded.  Chair Parent explained that the applicant must file with Wellfleet first, then the Cape Cod Commission will review the application for their requirements and for consistency with the local zoning bylaw.  If the CCC approves the application, then the Wellfleet Planning Board will re-open its request for a special permit.  The motion passed 6-0.

Habitat for Humanity: Scenic Roads, Subdivision, and Special Permit Hearings

Scenic Roads: 

Fire Chief Pauley presented the results of his collaboration with Assistant DPW Director Paul Lindberg regarding the clearing of a 14 by 14 foot corridor down Old King’s Highway for the purpose of access for safety vehicles.  Trees and berms that present obstacles have been identified.  All Board members viewed the proposed changes to the road.  The proposal includes taking down 11 trees, two of which are already dead.  It also includes shaving two feet off the berm for about 75 feet on the left side going towards Gross Hill Rd.  Pickard questioned whether the decisions made were too conservative, as some neighboring trees to those that have been marked also appear to be obstacles.  In his opinion the designated trees are the minimum required to allow access for safety vehicles.  O’Connell suggested that the Board trust the judgment of the Fire Department and the DPW.  Chair Parent recommended that the taking of trees be conservative at first.  More trees may need to be taken later but the applicant should only be responsible for removing the trees currently marked and for the other recommendations in the proposal. 

At this point Chair Parent opened the hearing to the public.

B. Littman noted that some of the markers seem to have fallen.  He is concerned that there is a Comcast cable close to the surface of the road.  Chair Parent noted that DigSafe will be contacted prior to the start of work

H. Rubenstein expressed his concern that decisions are being made without consideration to all opinions.  He then asked what the applicant’s next steps are.  He was informed that the BOS needs to give permission for the modifications planned for Old King’s Highway.  Pickard pointed out that Old King’s Highway is laid out twice as wide as Old Long Pond Rd.

C. Merzbacher expressed concern that the appearance and nature of the surface of the proposed driveway would not be in keeping with the character of the neighborhood.  Chair Parent stated that the purpose of the hearing was to balance the needs of the development and the safety of the home owners and all others who use the road with the desire to maintain the character of the scenic road.  He would not entertain a discussion regarding the nature of the driveway, and requested that the abutter wait for the subdivision portion of the hearing. 

M. Peasley expressed concern over the high rate of speed at which people travel on Old King’s Highway currently, and that the problem would get worse if the road was graded. 

O’Connell disclosed that the Conservation Trust, of which he is president, has property at the far end of Old King’s Highway.

E. Mitchell expressed concern over runoff from the proposed driveway. 

F. Rubenstein wanted to know which body was ultimately responsible for the proper function and maintenance of the drainage system planned for the subdivision.  It was explained that the subdivision’s Home Owner’s Association would be responsible for the entire drainage system, including the catch basin located in the road itself. 

The Board noted that any future proposed changes to Old King’s Highway would be presented at another public hearing.

M. Magida questioned the reliance on the Fire Department and Police Department for input in decision making.  Chair Parent clarified that the Board takes their advice into consideration, as well as that it uses years of experience and professional judgment in making decisions.  He stated that access to the subdivision from Old King’s Highway is not up for debate.

O’Connell read into the record two pertinent pieces of correspondence:

  1. an email from Police Chief Fissette dated 6/2/15, supporting Chief Pauley’s findings and concerns
  2. a letter from Abutter Goldberg and Wojdyslawski regarding their concerns about tree cutting on Old King’s Highway dated 5/31/15

At this point Chair Parent closed the hearing to public comment. 

In discussion, Board members stated that although the proposal seemed conservative, it was a reasonable plan that would adequately address the issue.  O’Connell moved that the Board approve the amendments to Old King’s Highway made by Chief Pauley in his letter dated June 1, 2015.  Pickard seconded the motion.  The motion carried 6-0.

Special Permit Hearing: 

This portion of the hearing had already been closed to public comment at a prior meeting.  After clarifying that concerns regarding MESA had been addressed, the hearing was closed to the applicant.

Morrissey moved to open the Findings of Fact for discussion. Pickard seconded the motion, which carried 6-0.  Morrissey presented three amendments to the Findings of Fact draft.  After discussion, Morrissey made a motion to approve Findings of Fact as amended.  Pickard seconded the motion, which carried 6-0.

Morrissey presented two conditions for the Special Permit:

  1. the Special Permit is subject to Subdivision Control Approval
  2. Re-vegetation of the site shall be as indicated on the Planting Plan submitted to the Planning Board dated 4/1/2015

Pickard made a motion to grant the Special Permit under the two conditions made.  Freeman seconded the motion which passed 6-0.

Larsen left the meeting at 8:50 PM.

DSD #15-01 Hearing:

The applicant presented the Definitive Subdivision plan.  The Board was assured that the drainage system is overbuilt and that there will be inspections as the project progresses.  The Home Owner’s Association has a Road Maintenance Trust which will be responsible for catch basins after the Planning Board has signed off on the project, including the catch basin in Old King’s Highway related to the subdivision.  Summer Path is the chosen name of the proposed driveway.  House numbers should be on the houses, and there should be a street sign at the bottom of the driveway per the Fire Department.  The Fire Department will assign the house numbers. 

Addenda to DSD plan:

  1. Maintenance Endowment Waiver ($500/lot) by the developer – the applicant agreed to fund the endowment
  2. Inspection Escrow Fund – the engineer will certify installation of drainage, an As Built will be provided, and the applicant will notify the Planning Board secretary of the opportunities for the Board to look at progress.  The applicant will provide the Board with a letter requesting a waiver for the Inspection Escrow Fund
  3. Performance Guarantee – Form C Covenant will be provided by the applicant
  4. Bounds will be noted on a revised plan
  5. The applicant will provide Quit Claim Deeds
  6. Revised DSD plan will be marked: “No Further Subdivision of Lots”

Abutter Merzbacher wants the Board to attach a condition that the surface of the road match in color the surroundings to maintain the character of the neighborhood.  The Board declined to do so.  Alternatives were considered but the conclusion was that asphalt is the safest usable material and it is required by the Planning Board Subdivision Rules and Regulations.

Pickard made a motion to approve the plan as amended by the conditions stated. O’Connell seconded the motion which passed 5-0.

Correspondence:

ZBA meeting on Thursday, June 18

Agenda for June 17th (@ COA):

  • Food Truck Bylaw Request
  • Lot Area & Floodplains

Agenda for July 15th (@COA):

  • Medical Marijuana District Boundaries
  • Special Permit Procedures

Adjournment

Morrissey moved to adjourn.  O’Connell seconded, and the motion carried 4-0.

The meeting was adjourned at 10:05 PM.                        

Public Records of June 3, 2015:

  1. Varsity Wireless Communications Special Permit Application on file with Town Clerk
  2. Habitat for Humanity DSD Plan on file with Town Clerk
  3. Habitat for Humanity Special Permit Application Findings of Fact draft dated 5/27/15
  4. Memo from Jan Morrissey on amendments to the Findings of Fact
  5. Memo from Chief Pauley re: Old King’s Highway Scenic Road
  6. email from Chief Fissette re: amendments to Old King’s Highway
  7. letter from abutters dated 5/31/15 re: Old King’s Highway