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Planning Board Minutes

Meeting date: 
Wednesday, December 2, 2015

Wellfleet Planning Board

Minutes of Meeting on Wednesday, December 2, 2015

Council on Aging, 7:00 PM

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

Members Absent:  

Others Present: Chet Lay of Slade Assoc., Fran Parisi of Varsity Wireless, Richard Robicheau, Peter Stewart

Chair Parent opened the meeting at 7:01 PM.

145 School St. and 0 Off School St PSD #15-01

O’Connell continued to recuse himself before the discussion began due to a potential conflict of interest.

Chet Lay of Slade Assoc. presented the revised plan that includes the removal of the fence and vegetation along School St, and the proposed razing of the berm to the south of the access to School St.  The Board agreed that the sight lines are greatly improved by the revisions.  During discussion it came up that the Subdivision Regulations should be amended to require greater pavement thickness.  Lay pointed out that other towns have adopted a Rural Road Alternative.

Reinhart made the motion to approve the Preliminary Subdivision as shown on Plan #2015-101; Freeman seconded, the motion passed 5-0.

Whereaway Lane Discussion

It was noted that Chet Lay has stepped into the project joining engineer Jason Ellis.  He began by describing the condition of the road and drainage.  He is awaiting pricing on improvements including a faulty catch basin.

Chair Parent pointed out that at the Planning Board meeting on October 21, 2015, when this project was presented as ANR #15-05, the Board’s recommendation was that the new lots become part of the subdivision and the owner joins the Home Owner’s Assoc. (HOA).  Abutter Stewart stated that the owner of 27 Whereaway Lane and the proposed new lot is already a member of the HOA.  He added that there are no fees collected for the HOA.  

The Owner has legal rights to the road, but the Board was unclear as to whether the property maintains rights to the road, regardless of the ownership of the property. 

Morrissey suggested that the Board get an opinion from Town Counsel regarding whether the rights on the roadway “run with the land.”  O’Connell agreed to contact TA Terkanian to address this matter. 

Morrissey stated that the t-turn at the end of Whereaway Lane Ext. appears to have disappeared.  It has become overgrown and may not be adequate for emergency vehicles. 

Abutter Stewart expressed his concern that the right of way may not be an adequate or safe access to the property. 

Pickard restated his opinion that the drainage at the bottom of Whereaway Lane be repaired in the process of upgrading the road.

Varsity Wireless Telecommunications Monopole Findings of Fact and Conditions

The Applicant submitted a draft of the Findings of Fact the day of the meeting.  ATA Carlson distributed copies of the Findings of Fact drafted by the Applicant for the Board to consider.  Several Board members expressed concern that they did not have adequate time to review the Findings of Fact prior to discussion.  Reinhart made the motion to discuss the Findings of Fact on the Varsity Wireless Special Permit; O’Connell seconded; the motion passed unanimously.

The Board reviewed the drafted Findings of Fact and made revisions.  The revised draft will be distributed to Board members for their comment.

Morrissey moved that the Planning Board grant a Special Permit to Varsity Wireless Investors, LLC, and Bell Atlantic Mobile of Massachusetts Corporation d/b/a Verizon Wireless for a 90-foot multi-user monopole-type communications tower to be located at 724 Route 6, Map 42, Parcel 43, Plan #13-066 with Revision Date 5-4-15, and make specific findings necessary to grant the application with written findings as to why the action is in the best interest of the Town of Wellfleet, and with the following conditions:

  1. The Applicant shall comply with all the conditions set forth in the Cape Cod Commission’s Development of Regional Impact Decision dated October 5, 2015.
  2. Any modifications, additions, co-locations by additional carriers, or replacement of the antennas and electronic equipment and other equipment at the Facility may be made without amending this Special Permit as long as such addition, modification, co-location by additional carriers, or replacement satisfies the administrative review of the Cape Cod Commission, and has been received, reviewed and approved by the Wellfleet Building Inspector.
  3. All propane tanks at the Facility shall be installed underground.
  4. The Applicant shall post a bond for removal of all communication structures, buildings, or appurtenances in accordance with Section 6.18.2.5 of the Wellfleet Zoning Bylaws in the amount of TBD
  5. Routine testing of the proposed emergency generator shall be conducted between the hours of 11 AM and 3 PM.
  6. Communication structure, buildings and appurtenances shall be installed, maintained and operated in accordance with applicable federal, state and local codes, standards and regulations in compliance with Section 6.18.2.4.

O’Connell seconded the motion; the motion passed 5-0.

Horton Subdivision

Chair Parent informed the Board of updates at the Horton Subdivision site on Josem Way in S. Wellfleet.  According to Parent, the project is back on track and reports will be provided as each step is certified by the engineer.

DLTA/ Cottage Colony & Cluster Housing Bylaw work

The next DLTA meeting will take place next week.  There are no other updates at this time.

2016 Planning Board Meeting Schedule Draft Review

The Board reviewed the draft of the 2016 meeting schedule and approved it as presented, but noted that changes may come as the year progresses.

Lot Area & Floodplain Definition

The Board agreed to schedule a public hearing for February 3, 2016.  A housekeeping warrant article for the Signs Bylaw will also be included in the agenda for that hearing.

Follow up on Complaint Logs

The Board agreed that the only complaint log needed is that prepared by the Building Inspector.  ATA Carlson will follow up.

Monuments for Bounds in ANRs

According to TA Terkanian, the Planning Board can not require compliance with the Subdivision Regulations for ANRs, so it can not require monument bounds.

Minutes

O’Connell moved to accept the November 18, 2015 Planning Board minutes as amended; Reinhart seconded; the motion passed 6-0.

Correspondence

  • The Department of Housing & Community Development cc’d the Planning Board on a letter stating that the Habitat for Humanity’s Old King’s Hwy application for project eligibility under the Local Initiative Program has been approved.
  • Marianne McCaffery, a private citizen, sent a letter regarding the Cumberland Farms decision.
  • TA Terkanian sent an email to clarify the Board’s ability to require monument bounds for ANRs.

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
  • Formula Business Bylaw
  • DLTA Grant Project
  • 2015 Bylaw reprint status

Agenda for Meeting on December 16, 2015

  • Findings of Fact for the Varsity Wireless Special Permit
  • Annual Report Review
  • DLTA update
  • Housekeeping warrant article for the Signs Bylaw
  • Subdivision Regulations revisions

Adjournment

O’Connell moved to adjourn; Pickard seconded; the motion passed 6-0.

The meeting was adjourned at 9:45 PM.

Public Records of December 2, 2015:

  1. Special Permit #15-01 on record with the Town Clerk
  2. Special Permit 15-01 Findings of Fact Draft
  3. Cape Cod Commission DRI Decision, dated 10-2-15
  4. Letter from The Department of Housing & Community Development, dated 11-25-15
  5. Letter to BOS from Marianne McCaffery
  6. email from TA Terkanian, dated 11-23-15