Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, October 21, 2015
Council on Aging, 7:00 PM
Members Present: Gerald E. Parent, Chair, Andrew Freeman, Janet V. Morrissey, Alfred Pickard
Members Absent: Eric Larsen, R. Dennis O’Connell, Janet Reinhart
Others Present: Carol & Charlie Amsler, Assistant Town Administrator/Planner Brian Carlson, Lee Clark, Jason Ellis of JC Ellis Design Co., Martha Hevenor, Planner at the Cape Cod Commission, Chet Lay of Slade Assoc., Paul Ruchinskas, Housing Consultant for the Cape Cod Commission, Peter Stewart, Town Administrator Harry Terkanian
Chair Parent opened the meeting at 7:01 PM.
ANR #15-04 Chequessett Neck Rd & 65 Pinecrest Way
Pickard recused himself from the deliberation and vote due to a conflict of interest.
Chair Parent stated that Engineer Tim Brady of East Cape Engineering would not be in attendance. He also stated that members of the Board had visited the site. There were no questions or concerns about the plan as presented.
Freeman moved to approve the plan as presented; Morrissey seconded; the motion passed 3-0. Chair Parent then signed the mylar copy of the approved plan because there was no quorum.
PSD #15-02: 145 School St & 0 Off School St.
Members of the Board stated that they had visited the site after the layout had been re-staked to reflect the reconfigured roadway. Lay explained the revised plan for the roadway, and the amended layout of the proposed lots.
The Board questioned whether the reconfiguration of the roadway made significant improvements to the site distances of the access on to School St. Chair Parent believes that the access is adequate, but that the visibility is impeded by a slight berm to the south of the access point, vegetation, and a split rail fence that is currently on the street-side boundary of the property.
Morrissey requested another group site visit in order to better understand the layout.
Lay agreed to amend the plan to reflect the removal of the berm, the clearing of the vegetation and the fence. He also agreed to stake the 40-foot boundary line with abutter to the south.
Morrissey made the motion to continue the discussion on PSD #15-02 until the Planning Board’s November 4th meeting, prior to which the Board will conduct another site visit; Freeman seconded; the motion passed 4-0.
ANR #15-05: 27 Whereaway Lane & 2085 Old King’s Hwy
Jason Ellis presented the plan for the ANR and explained the history of the lot separation. He also stated that the lots have been staked to aid in site visitation.
He suggested that given the circumstances, he believes that filing an 81-X Plan which deals with the perimeter only, would have been more appropriate than an 81-P because no new lots are being created and the boundary between the two lots has never been expunged.
The Board deliberated over ownership and rights to Whereaway Lane, Whereaway Lane Extension, the easement from the former to the latter, and the implications of such upon the access to the proposed lots.
When asked, abutter Peter Stewart stated that there is a Home Owners Association (HOA) for Whereaway Lane comprised of four members. He believes that the separate HOA for Whereaway Lane Extension has two members, one for each lot.
Each HOA is responsible for the care and maintenance of its respective roadway, and the HOA for Whereaway Lane Extension is also responsible for contributing to the maintenance of Whereaway Lane. Lot #5 is not part of either HOA, and is therefore enjoying the benefit of the roadways without bearing any of the responsibility for their upkeep.
Pickard made the motion to have the owner of lot #5 file her plan as a subdivision extension rather than an ANR; Morrissey seconded. The motion passed 4-0.
Morrissey made the motion to disapprove the 81-P as presented due to inadequate access to the proposed lots and the condition of the road; Pickard seconded; the motion passed 4-0.
Cumberland Farms Decision
Chair Parent wanted to make sure that the Board was aware that the Cumberland Farms Zoning Board of Appeals decision had been overturned.
TA Terkanian was asked to describe the procedural next steps. He stated that there is a 30-day appeal period. The Town can file a Notice of Appeal that would allow the Town to protect its position, analyze the situation, and decide what to do without incurring significant costs. TA Terkanian then went on to describe his reading of the decision
The part of the decision that most directly applies to the Planning Board is the Formula Business Bylaw that was invalidated by the court’s decision. The Board would like to consult with Town Counsel to determine if the bylaw can be made defensible. The Board agreed to wait to act until after the Town has determined what its next steps will be.
DLTA/Cottage Colony & Cluster Housing Bylaw Discussion
Martha Hevenor and Paul Ruchinskas presented their findings upon review of the Wellfleet Cottage Colony and Cluster Housing bylaws, and responded to questions asked by Board members at a prior meeting.
The Board discussed the findings deliberated over what the next steps should be. Chair Parent recommended a focus on the Cluster Housing Bylaw in order to promote the building of affordable housing. Morrissey requested that, although the priority may be cluster housing, that the Board continue its efforts on the Cottage Colony Bylaw as well. Heveron suggested that the next step would be to create a map of vacant developable land regardless of acreage.
TA Terkanian commented that any cottage colony located within the Cape Cod National Seashore has an added layer of regulation because it has a 10-year commercial special use permit for weekly rental.
The suggestion was made to invite Hillary Greenberg-Lemos, the Wellfleet Health Agent, to come to a meeting in order to get her input on what is feasible on smaller lots.
Morrissey pointed out that the Board needs to be clear as to whether it is discussing “affordable housing” or “community housing,” each of which has different criteria.
Chair Parent brought up the idea of town-owned land being used for cluster and/or affordable housing.
Minutes
The minutes were tabled until the next meeting.
Correspondence
Morrissey read a notice from the Wellfleet Historical Commission regarding a public hearing being held on October 26. The applicant has made a request to demolish three historic structures on 350 Pamet Point Rd.
The Board received emails from both, Building Inspector Richard Stevens and Health Agent Hillary Greenberg-Lemos, regarding the Planning Board’s request for complaint logs from their respective departments. The Planning Board had requested the same information that are provided to the Board of Selectmen, but there appears to be some misunderstanding among the departments and the boards. ATA Carlson will speak with TA Terkanian to follow up on this issue.
Topics for Future Concern
- Law Suit Old King’s Highway Community Housing Project
- Nextel – Restoration Bond
- Amendments to Road Requirements in Subdivision Rules and Regulations
Agenda for Meeting on November 4, 2015
- PSD #15-02: 145 School St & 0 Off School St
- ANR #15-06: 135 Pine Point Rd
- Whereaway Lane Discussion
- Cottage Colony & Cluster Housing Bylaws
- FY17 Planning Board Budget Work
- 2016 Meeting Schedule Draft Review
- Minutes: 10-7-15 Site Visit, 10-7-15 regular meeting, 10-21-15 regular meeting
- Follow up on complaint logs
- Monuments for bounds in ANRs?
Agenda for Meeting on November 18, 2015
- Varsity Wireless Public Hearing Continued
Adjournment
Freeman moved to adjourn; Morrissey seconded; the motion passed 4-0.
The meeting was adjourned at 9:37 PM.
Public Records of October 21, 2015:
- ANR #15-04 Application & Plan on record with Town Clerk
- PSD #15-02 Application & Plan on record with Town Clerk
- ANR #15-05 Application & Plan on record with Town Clerk
- Formula Business Special Permit regulations (ATM 4/25/11)
- email from Town Counsel re: Wellfleet Zoning Bylaw revisions comments & suggestions, dated 6-22-10
- email from Town Counsel re: Formula Based Fast Food Business regulation, dated 11-9-10
- memo to ATA Carlson from Martha Hevenor & Paul Ruchinskas of the CCC, dated 10-21-15