Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Hwy
April 19, 2017, 7:00 PM
Present: Andrew Freeman; Mary Ellen Manning; Janet V. Morrissey; R. Dennis O’Connell; Chair Gerald E. Parent; Alfred Pickard; Beth Singer
Others Present: Assistant Town Administrator Brian Carlson; Chet Lay of Slade Associates; Fire Chief Rich Pauley; Elaine McIlroy of the Wellfleet Housing Authority; Chet Lay, Slade Associates
Chair Parent opened the meeting at 7:00 P.M.
Announcements, Open Session & Public Comment
Chair Parent asked the Board for any announcements. Manning opened by addressing that she had been called into a meeting in the Town Administrator’s Office to improve communications within the Planning Board. It was suggested that the Planning Board had been polled and the vote had been 5/1 for her to leave the Planning Board, and if not done, two other members considered resigning. She continued that she should be addressed directly regarding any problems/issues pertaining to her, and as long as she is on the Board will do her best for the Town of Wellfleet.
Chair Parent asked the Board for any other open session comments or announcements.
Morrissey noted that the Board had received a $20,000 DLTA Funding Grant to continue working on affordable housing bylaws. Chair Parent asked if this is in addition to the $10, 000 the Board received last year, or is that funding rolled into the $20,000. O’Connell explained that it’s a new grant. The Board discussed when the grant runs out. O’Connell notes that the Cape Cod Commission must submit the final report by December 15, 2017.
O’Connell requested that the agenda be rearranged so that announcements come before minutes. Chair Parent agreed.
Minutes
No Minutes were approved.
DSD 17-01 325 Old King’s Highway (Sam Hall Subdivision)
Chair Parent recused himself from the meeting and left the room at 7:15 P.M..
Vice Chair Morrissey announces the continuation of the February 15, 2017 Public Hearing for the Definitive Subdivision 17-01 for a nine-lot subdivision located at 325 Old King’s Highway, Assessor’s Map 23, Parcel 73. She acknowledged Chet Lay’s written request to extend the statutory period that the Board has to consider this application to Wednesday June 7, 2017.
Lay states that fire department concerns have been addressed. Pine Croft Road will be renamed Laddie’s Way, and the Hall’s have agreed to pave Laddie’s Way. Lay is requesting a waiver on the 45’ cul-de-sac radius; the exterior travelled way, which is 35’ in the subdivision regulations, will meet or exceed that in both cul-de-sacs.
The DPW has requested that the cul de sacs be paved completely, as opposed to leaving the center open. Lay says the Planning Board’s regulations require the center to be open, and Slade Associates would like to leave the center open.
O’Connell read a letter from Fire Chief Pauley dated 4/12/2017. The letter states A) The road profiles are acceptable, B) There is no objection to waiving the 45’ exterior layout radius under the condition the entire cul-de-sac is paved,
Lay agreed to pave the entire cul de sac but will need a waiver from the Board, and he suggested the Board change the regulations. Morrissey responds that it’s on her future concerns list. The issue of a second catch basin is discussed. Lay states that a second catch basin would not be necessary. Pickard said technically it might not be necessary, but a second catch basin might not be much more of an expense.
Morrissey said the Board does not have a copy of the latest covenant, nor a set of the current plans. Lay will drop them off at town hall by 4/20/2017.
Morrissey invited Chief Pauley to the discussion. Pauley noted that it’s easier to maneuver fire and safety equipment around cul de sacs without the greenery in the middle, and would like to discuss this with the Board in the future.
Morrissey reports that she spoke with Mark Vincent, and the revised engineering plans address his previous road specification concerns.
The Board discussed the proposed waivers for this subdivision, and the Homeowner Association agreement. O’Connell requested “Amend/Or” be deleted on Page 5. Morrissey asks O’Connell about the HOA extending in perpetuity. O’Connell responded that the Hall’s lawyer indicated that the HOA can’t be in perpetuity.
Morrissey mentioned that Gary Sorkin was trying to negotiate for the purchase of
10, 000 square feet of land for the Housing Authority and introduced Housing Authority Chair Elaine McIlroy. McIlroy is concerned about the Housing Authority’s ability to develop affordable housing on the Housing Authority lot that abuts the Hall subdivision. She asks whether there is any mechanism to make sure the placement of subdivision wells and septic do not inhibit the development of affordable housing. She also asks if the Housing Authority parcel would now have nine abutters. Lay responds that he will show her the subdivision master well and septic plan and that there would be two abutters not nine.
Morrissey read a letter dated 2/22/2017 from abutter Carole Mancini objecting to the subdivision.
The Board discussed their requirements for monuments and their previous request that monuments also be set to delineate MESA boundaries.
The Board discussed road inspections and the inspection escrow fund. Carlson reported that Jay Norton from Coastal Engineering responded to his request for an estimate to do the inspections, but no numbers had come back yet.
Freeman motioned to waive the escrow fund; O’Connell seconds the Motion. Singer is opposed to waiving the escrow fund, and after discussion the motion is withdrawn.
Pickard motioned that the applicant establish a $5000.00 inspection escrow fund to enable the Board to hire an engineer to carry out road inspections, should it become necessary. Singer seconded the motion.
The motion carried, 6-0-0.
Pickard Motions to close the Public Hearing; O’Connell seconds the Motion. The motion carried 6-0-0.
O’Connell reads a list of the waivers the Planning Board has:
206.B.10 Waiver of requirements to show topography,
4.03a Waiver to allow 12” berms rather than 18“ required,
4.04b Waiver to allow cul-de-sac radius of 40’ for Sam Hollow Road and Laddie’s Way rather than 45’,
4.11 Waiver of requirement for landscape plan.
Lay reminded the Board he will need a waiver to pave the cul de sacs.
Pickard Motioned to approve the Definitive Subdivison plans with conditions O’Connell seconds the motion.
Proposed Conditions:
-Monuments to demarcate the MESA Envelope and angles and curves.
-A supplementary plan showing said monuments shall be provided to the Planning Board.
Following Board discussion, Pickard amends his Motion as follows: To approve Definitive Subdivision 17-01 for a nine-lot subdivision on property located at 325 Old King’s Highway, Assessor’s Map 23, Parcel 73 Plan #2007-95 revised 4/20/2017 and East Cape Engineering Plans as revised March 31, 2017 and with the following conditions:
1), Monuments to demarcate NHESP (MESA) bounds
2) Bounds to be installed and shown on the as-built plan
3) $5000.00 road inspection escrow fund pursuant to 2.06K
O’Connell seconds the amended Motion; Motion carries 6-0-0
Chair Parent returns to the Planning Board Meeting
Discussion of Historic Demo Delay Article (ATM Article 30)
O’Connell states that the Board has not been asked for their input. The Board moves on from the topic.
Disposition of Town-owned Land – Pleasant Point Bulkhead (ATM Article 39)
Carlson states that the appraisal came back at $60,000.00. Chair Parent asks if that’s the total for the 10,000 square foot parcel. Carlson confirms. Freeman feels it’s a fair price.
O’Connell moves to recommend, Morrissey seconds. 6-0-1 Vote to recommend.
Town Meeting Warrant
The Board discusses the letter from Preservation Hall regarding business uses in the C2 and Commercial Districts. Anticipating controversy on the Food Truck By-Law, Freeman suggests discussing the consequences of not passing the By-Law. Chair Parent responds that without a bylaw there is no clear definition of food trucks, and town council has taken the position that when the food truck lands onto private property it becomes a land use.
Freeman asks what will happen if there’s a motion on Town Meeting floor to amend the bylaw to allow food trucks in the C2 District . Chair Parent said there needs to be fair notice to the abutters before it can be presented at Town Meeting. Manning asks about an Overlay District. Would Town Meeting be able to do that? Chair Parent responds that it falls under due notice.
The Board briefly discusses permitted uses in the C2 District, the need to avoid spot zoning, and whether the C2 District meets the current needs of the Town.
O’Connell reports that Pre-Town Meeting was uneventful.
Liaison Reports
The Local Comprehensive Plan Working Group is going to have a housing community workshop May 24, 2017 at 5:30 P.M. at Preservation Hall.
O’Connell states that there is nothing from the Charter Review Committee. He is researching an outstanding question from Morrissey.
Correspondence
- Fire Department Letter dated 4/12/2017 regarding Sam Hall Subdivision.
- Cape Cod Commission’s letter dated 4/14/2017 regarding $20, 000 DLTA Grant, Morrissey says the Board should act quickly on this grant. The Board would like Martha Hevenor to attend the May 3 meeting.
- PSD 17-01 Pine Point Subdivision dated 3/13/2017
- The Board briefly discusses the $3,000,000 Klein House settlement (Truro).
- E-mail from Town Counsel Carolyn Murray regarding Affordable Housing-Paine Hollow dated March 12 and 19.
- Email from Mary Grace Smith, President Wellfleet Preservation Hall Board of Directors dated April 19, 2017 regarding community connections and businesses in the commercial districts
Future Concerns:
- Printed 2016 Zoning By-Laws
- Half Size Assessor’s Maps
- Follow-up with Town Council-commercial business regulations
Agenda for May 3, 2017
- Martha Hevenor
- Update from Town Meeting on the Warrant Articles
- Provincetown Affordable Housing By-Law
- Pine Point Road Subdivision
- Discussion of Wareham By-Law
Agenda for May 17, 2017
- DSD 17-02 Public Hearing
Adjournment
The meeting was adjourned by consensus at 9:36 P.M.
Respectfully submitted,
Public Records materials of 4/19/17
1. DSD 17-01, the complete plan is available at the Wellfleet Town Clerk’s office
2. Carol Mancini letter dated 2/22/2017 objecting to DSD 17-01