Planning Board Minutes
Wellfleet Senior Center, 715 Old King’s Hwy
January 3, 2018, 7:00 PM
Members Present: Chair, Gerald Parent; Vice Chair, Andrew Freeman; Alfred Pickard; R. Dennis O’Connell
Regrets: Beth Singer; Steve Cooney
Others Present: Assistant Town Administrator, Brian Carlson; Executive Director for Habitat for Humanity, Vickie Goldsmith; Attorney, Ben Zehnder; Habitat for Humanity-Kathleen Nagle; Elaine McIlroy and Gary Sorkin of the Wellfleet Housing Authority; Dennis Murphy; Kenneth Granlund
Announcements, Open Session & Public Comment: No Announcements at this time.
Meeting Minutes-No minutes to note
Public Hearing- Definitive Subdivision and an application for a Special Permit: 2082 State Highway Route 6 Wellfleet, MA, Assessor's Map/Parcel: 29/129, 3 lots proposed. Chair Parent opened the public hearing at 7:03 P.M. O’Connell moved to table discussion for the public hearing to later in the meeting as one of the proponents has not arrived. Freeman seconded, and the motion carried 4-0.
Final Release of Covenant - DSD 3-01: 151 Hamblen Farm Road (Sueko Hall) Chair Parent asked the Board if they had any questions or issues regarding the site. O’Connell mentioned that the Wellfleet Conservation Trust owns an adjacent lot to lot two which abuts the subdivision, and was ready to recuse himself. O’Connell signed an Appearance of Conflict of Interest form prior to the meeting and submitted it to his appointing authority as required.
O’Connell asked about the brush located on lot one. Murphy said his intentions are to compost and screen it in the spring. O’Connell said he is concerned with Section 503 of the Subdivision Rules and Regulations, and that the brush is supposed to be removed from the property.
Murphy explained that there might be 60 yards. Chair explained that there is jurisdiction over the road but not for the driveway. O’Connell doesn’t believe that the covenant is ready to be released.
Pickard moved to have the applicant remove the brush, then the covenant can be released.
The Board continued the discussion. The Board suggested $5,000.00 be placed in an escrow account, to release the covenant, and upon removal of the brush and contingent upon inspection, the escrow monies are returned to Dennis Murphy.
Pickard moved to release the subdivision plan dated November 29, 2017 that shows the grade of the road and the catch basin to be submitted with the plan.
Seconded by Freeman, and the motion carried 3-0-1.
The Board explained that if a 4-0 vote is needed, then the escrow account will be in effect, but the final release of covenant stands with a 3-0-1 vote.
Discussion-Housing Choice Initiative:
Freeman explained that this initiative would require only a majority vote at Town Meeting for zoning bylaw changes for affordable housing.
Discussion-(Draft) Special Permit for Site Plan Approval: The Board would like feedback from Town Counsel on the amendments that were proposed in December, and would like to schedule an extra meeting in February to continue the discussion with the added proposals.
General Discussion-C2 Zoning District: Tabled to a future meeting.
Discussion TA Notice of Town-owned Land-Coles Neck Road: Chair Parent opened the discussion to the Board members. The Chair read the response from Town Counsel which stated “…that Town Meeting may vote to dispose of all or a portion of the property to the Wellfleet Housing Authority for the intended purpose.”
O’Connell supplied aerial maps to the other Board members for review.
Elaine McIlroy of the Wellfleet Housing Authority (WHA) suggested the Board look at the area where the twenty-eight acres is located, and explained that the Housing Authority is interested in a portion of the area to make it work for all parties involved: affordable housing, the Department of Public Works, and for the neighborhood. Gary Sorkin of the WHA said that how big the acreage should be, the exact location, and what the maximum use will be, remains to be determined.
Pickard asked when the Housing Authority conducted the water study for the Coles Neck area, did they go by the maximum number of bedrooms on the water system. McIlroy responded that it was the maximum number of bedrooms times 110 gallons per day per bedroom.
The Planning Board members would like to have the maps previously supplied by O’Connell for review prior to other boards and departments meetings. Tabled for a future discussion.
Discussion-Cluster Bylaw: Tabled for a future discussion.
Discussion-Solar Panel Height/Ground Height in the C2 District:
Chair Parent explained that the solar bylaw was created with a 6’ height restriction for elevation, and the Energy Committee has requested an increase in that size.
Richard Elkin of the Energy Committee mentioned that the bylaw already provides “A waiver of provisions” and cited Section 10.3.2.5.
O’Connell suggested it would be easier to change the bylaw at Town Meeting. Chair opened the discussion to Board members.
The Chair suggested that it might be more time consuming to change the bylaw, but might be a more beneficial solution in the long run. ATA Carlson said the change would need to be added to the Selectmen’s agenda prior to the Planning Board’s public hearing.
O’Connell moved to amend Section 10.8.6 of the Zoning Bylaw from six feet to eight feet.
Pickard Seconded, and the motion carried, 4-0.
The Board will schedule a March 7th Public Hearing.
The Board continued the Public Hearing for 2082 State Highway Route 6 Wellfleet, MA at 8:06 P.M.:
John O’Reilly of O’Reilly & Associates presented the Definitive Subdivision 17-05 for the Habitat for Humanity 2082 State Highway plan. The Chair stated that a Preliminary plan was originally submitted with the Application or Special Permit, and that the Board members originally allowed generalities to permit Habitat to speak on the issues because of discrepancies with the original submission. It was previously decided that the submission would go directly to the Definitive Plan and Special Permit.
O’Reilly continued that the property is currently owned by the Wellfleet Housing Authority which currently has a two-bedroom dwelling, and is comprised of approximately a 75,000 square feet lot. They are proposing to develop two additional affordable housing units: Lot one will remain with the Housing Authority and remain a two-bedroom structure, Lot two will contain a three-bedroom dwelling, and Lot three will contain a two-bedroom dwelling. The parcels will be serviced by a driveway easement off Route 6.
O’Reilly is seeking multiple waivers which are identified in the November 21st package. The Board members discussed the requests for minimum lot size being removed, waiving the size for a temporary sign to be taken down at the end of construction and not exceeding 4 x 8, and that there should be no waivers requested for the inspection of road construction. The Chair said they can’t waive Board of Health and Building Permit fees, but can waive the $500.00 Planning Board fee. The Board also requested a clarification of the waiver requirements for a dead-end street, requested to cite a waiver of the cul-de-sac, taking the last paragraph of Section VII out, and to add a waiver from 2 ½ inch to 2 inches for road profiles.
The Chair opened the discussion to the public.
Ken Granlund, owner of the Mainstay Motor Lodge was present to discuss the easement and use of the drive. O’Reilly responded that there is a driveway that intersects, but there would be no impact on the ability to access the building.
O’Reilly mentioned that he met with the Fire Chief who was agreeable to the driveway not exceeding a 10% grade and that there would be designated parking. Pickard asked if that would be in the Homeowner’s Association.
O’Reilly continued to explain that the two lots being developed meet local zoning setbacks, septic will be in compliance with Title V, Habitat will be utilizing the existing wells for the new properties, and the preference is to pave the drive. O’Reilly filed with MESA, and Chair Parent mentioned that it might not be within MESA any longer.
The Chair opened the hearing to the general public at 8:43 P.M. There were no comments from the public, and opened the discussion to the Board.
Chair Parent closed the hearing on the Definitive Subdivision.
The Board designated O’Connell to read the Homeowner’s Association.
Pickard motioned to approve the Definitive Subdivision, as amended with waivers. O’Connell Seconded, and the motion carried, 4-0.
The Chair opened the hearing for the Application for the Special Permit at 9:10 P.M.
Attorney Ben Zehnder was present to introduce the Application for a Special Permit 6.28 of the Town of Wellfleet Zoning Bylaw. He stated that all units will be used as affordable housing. Zehnder reviewed Section 8.4.2 of the Wellfleet Zoning Bylaw’s performance standards.
Zehnder continued reviewing the 6.28 Special Permit Application and reviewed the Request for Fee Waivers and the Application for Hearing and Findings of Fact. O’Connell asked about page two Draft Findings of Fact, Number 4 (XXX’s). The Board discussed that it referred to preliminary documents, and that in the Draft Findings of Fact, page 2, Item 4 can be removed completely.
O’Connell moved to approve the Draft Findings of Fact, as suggested with the removal of item four. Seconded by Freeman.
The Board discussed the affordable three-lot subdivision, and if the rental changes to a sale Habitat for Humanity would not have to return.
The Motion to approve the Draft Findings of Fact, with the removal of item four, carried, 4-0.
Motion by Pickard to approve the Special Permit. Seconded by Freeman, and the motion carried, 4-0.
Discussion-Home Occupation-Aqua Culture Definition:
Chair Parent mentioned the proposal to expand on the equipment aspect brought up by the Building Inspector at a previous meeting. The Board members would like the Building Inspector to put something in writing. Tabled for a future discussion.
Liaison Reports-Nothing to report at this time.
Correspondence-None to note at this time.
Topics for Future Concern-None to note at this time.
The meeting was adjourned by consensus at 9:17 P.M.
February 7th meeting:
Discussion Town-owned Land-Coles Neck Road
Public Record:
-Definitive Subdivision and an application for a Special Permit: 2082 State Highway Route 6 Wellfleet, MA, Assessor's Map/Parcel: 29/129, 3 lots proposed.
- DSD 3-01: 151 Hamblen Farm Road (Sueko Hall)