Wellfleet Planning Board
Minutes of Meeting of October 15, 2003
Town Hall Hearing Room
Present: R. Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Alfred Pickard, Ben Gitlow; Rex Peterson, Assistant Town Administrator; Richard Asmann, Building Inspector
Absent: Gerald Parent
Chair O'Connell called the meeting to order at 7:02 p.m. Rex Peterson informed the Board that Health Agent Emily Beebe had requested a spot of the agenda of the November 5th meeting for herself and her assistant Erik Mitchell.
Zoning Bylaw Revisions for Annual Town Meeting. At the Board's invitation, Building Inspector Richard Asmann attended to provide information about sections of the Zoning Bylaw which, in his opinion, are problematic. He noted several items:
Thorough review of Definitions section is needed, e.g., definitions of setbacks, vehicle entry from frontage, walls located in setbacks, lot frontage, frontage along curved streets and cul-de-sacs, signage.
Improvement of Zoning Regulations for Seashore Property. Asmann, assessing this as a priority item, stated that there is no prohibition on construction of new residences on qualifying lots in the seashore, and lots for sale can be sold and existing structures taken down and replaced--the Seashore has guidelines but no rules concerning such problems. To Ben Gitlow's assertion that at the inception of the Seashore the Wellfleet zoning bylaw was approved by the Department of the Interior and the National Park Service, Asmann replied that the National Park guidelines mirror regulations at the time of passage and that Wellfleet should adopt zoning measures that mirror what the guidelines were supposed to do.
Accessory Structures and Setbacks constitute a problem, according to Asmann, because the 10-foot rear yard setback would allow a 2-story barn within 10 feet of an adjacent property line; also under accessory structures, as many artist's studios as space allows can be placed on a lot.
Referring to Section 6.1.5, Alterations to non-conforming single or two-family residential structures, Asmann noted two serious issues contained therein: 6.1.5.1(b) would allow people by special permit to do things on non-conforming lots that the state zoning act would not allow without a variance on a legal lot, and 6.1.5.2(b) allows a new non-conformity to be created.
Floodplain District Zoning Regulation, Asmann pointed out that under 6.14.3.2, the wrong section of the building code is referenced (and that the number of the section is about to change again), and that Section 6.14.2 ("lot requirements for uses in the underlying zone may be comprised of up to 40% of the floodplain district land . . .") and the definition for lot frontage are in contradiction. He added that dealing with the ambiguity of this language would help control building in the waterfront area.
Members of the Board encouraged Asmann to prioritize bylaw problem areas and to put them in writing. The Chair suggested that Asmann e-mail Peterson when he encountered problems with the zoning bylaw; Asmann replied that he communicates with the ZBA on areas of difficulty. He stated that the ZBA, as adjudicatory board, should write its own guidelines for decisions, especially when dealing with bylaws such as Section 6.1.5 (Alterations to non-conforming single or two-family residential structures) with serious implications.
Special Legislation for Tax Exemption. After completion of the above zoning by-law discussion, Rex Peterson introduced information on a possible amendment to the Affordable Accessory Dwelling Units bylaw. He explained that several people in town, already renting out property affordably when the bylaw was instituted, could not qualify for tax-exemption because their rental property pre-existed and was not created under the affordable unit bylaw. Peterson proposed amending the bylaw to include such property owners. An annual filing with the town proving that the owner was renting affordably to qualified renters, according to the bylaw guidelines, would be required. On a separate dwelling on the property, only the building being rented would get the tax exemption; regular taxes would be
levied on the land. There was general agreement among board members that people who were renting affordably should get the tax exemption; Peterson noted that the process would, if passed in Town Meeting, require special legislative approval.
Planning Board Priorities. Discussion turned to the Planning Board Priorities List (see minutes of 7-16-03); it was agreed that the first two items (Revision of Subdivision Regulations and Local Comprehensive Plan) were of high priority. Discussion followed:
The Chair stated that he was working on Subdivision Regulations and would report his progress back to the Board.
Mark Berry suggested adding the topic of zoning measures for the seashore park to the list. Ben Gitlow disagreed, stating that a great deal of time had been spent on this at the park's inception, that not much change has been effected by building in the park, and that it was difficult to impose more restrictive zoning on the area. Alfred Pickard, noting that the park regulations needed to be updated, pointed out the difference between 3-acre and 100' by 100' lots and suggested inviting people from the park to comment before the Board. Lisa Brown spoke to the plight of the landowner in the park. The Chair stated that seashore zoning rules should be further discussed and that the Board should invite the park taxpayers' association to participate.
The Chair asked Peterson to write up the zoning issues pointed out by the Building Inspector. Peterson added that he would like to hear from the Zoning Board on flood plain exemption and that he will ask Health Agent Beebe to examine those regulations for the meeting of 11-5-03.
Pickard asked for clarification of the item of One-Way Traffic on Main and Commercial Streets; Gitlow remarked that it was an old issue, causing earlier uproar, and that perhaps the Board should meet with the chief of police, discuss alternatives, hold a public meeting on it, and "take our lumps."
Gitlow discussed priorities concerning the Local Comprehensive Plan: cluster zoning regulations for commercial uses, changes to the Central District (historic buildings, etc.), changes to boundaries of the Central District. He added that changes to the Central District would tie in with the water question: how much water DEP will allowed to be withdrawn, the projected water line, lots with poor water quality, lots which serve the public. Alfred Pickard noted that the Board needed good quality maps to ascertain the lot lines; Peterson suggested acquiring parcel maps from the Cape Cod Commission.
The Chair suggested that Peterson send a letter to the ZBA noting items which had evolved from the above discussions of zoning bylaw and priorities.
Local Comprehensive Plan. Ben Gitlow discussed his conception of the process that the Board should follow in reviewing the LCP:
Prepare a section of the Planning Board Annual Report dealing with items of Planning Board responsibility.
Hold public meetings to present proposed changes and further action.
Prepare Article(s) for Annual Town Meeting requesting approval of recommendations.
Prepare and publish an addendum to plan incorporating approved changes.
Suggest to other boards that they review the items of their responsibility.
Peterson asked whether Planning Board should take the main responsibility for the LCP or whether there should be a general town planning committee. He pointed out that the time element must be considered, that the Planning Board had other responsibilities, and that the BOS had in the spring seemed to favor a general committee to handle the LCP revisions. He noted that the Cape Cod Commission has set specific requirements for submission which are generally the same as for the original LCP. He added that he would like to see some broader input, perhaps a town-wide survey, on the changes to be made.
Gitlow stated that a Public Meeting would bring in participants and that Planning Board would, at the same time, be discharging its responsibilities. Suggestions were advanced: Lisa Brown -- try to solicit some input before moving ahead; the Chair -- raise the issue to other committees; Peterson -- ascertain whether other boards preferred a separate LCP plan committee or to work separately on their own action items. The Chair requested that Peterson draft a letter to the other Boards and that this become an agenda item for 11-5.
Other Business. The Chair noted that he had received a call from Lezli Rowell of the Board of Health and the Natural Resources Advisory Board. The BOH has requested draft minutes of the Planning Board, upon completion, to be placed in its reading file; the consensus of the Board was that, while approved minutes could be distributed, draft minutes would not be made available. The NRAB/Harbor Management Committee requested comment on building in the ACEC; the Board decided it needed more information on the request, which the Chair proposed to obtain.
Minutes of October 1, 2003. Lisa Brown moved and Ben Gitlow seconded approval of the 10-1-03 minutes. Carried, 4-0-1 (O'Connell abstaining).
Mail. The Chair reviewed the mail:
A letter from Lombardo Associates re: denitrification process (to be forwarded to BOH)
Announcement of Federation of Planning and Appeals Boards Annual Meeting, 10-25-03, Crowne Plaza Hotel, Worchester, MA
Letter from Tana Watt, CCC, announcing request for final Certificate of Compliance for Gross Hill Tower -- site visit has been set for 10-21 at 2 p.m.
Ben Gitlow announced information on the program planned for the State of Wellfleet Harbor Conference to be held at Senior Center on Saturday, 11-8, from 7:30 a.m. to 5 p.m.
Lisa Brown moved and Mark Berry seconded adjournment of the meeting, which closed at 9:40 p.m.
Respectfully submitted,
_______________________________ ______________________________
Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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