Wellfleet Planning Board
Minutes of March 17, 2004
Town Hall Hearing Room
Present: Dennis O'Connell, Chair; Lisa Brown, Mark Berry, Harriet Miller,
Gerald Parent, Alfred Pickard, Ben Gitlow; Rex Peterson, Assistant
Town Administrator
Chair O'Connell called the meeting to order at 7:07 p.m., announcing the opening of the scheduled public hearing.
Public Hearing on Proposed Amendments to the Town of Wellfleet Bylaws to be presented by warrant article at the Annual Town Meeting; final decision for placement of said amendments on the warrant. Chair O'Connell noted that the public hearing would consider several different bylaws which had been proposed and prepared by the Planning Board, presented to the Board of Selectmen for consideration, sent to Town Counsel for review, returned to the Planning Board for public hearing, and legally advertised in the Cape Codder on February 27 and March 5, 2004. The Board's intention tonight was to give a final hearing to these amendments and make a decision on whether to recommend for placement on the warrant. Copies of the proposed amendments were distributed to the audience; for the purpose of
clarity, the Chair summarized each item as the Board moved through the document. Pertinent discussion is italicized after each decision listed below.
Article A. Revision of the definition of "Home Occupation" in SECTION II, DEFINITIONS. Parent moved and Brown seconded approval and recommendation as printed; motion passed, 7-0.
Article B. Addition to SECTION VI, GENERAL REGULATIONS, of Section 6.22, Home Occupations, listing allowed occupations and standards for same. Parent moved and Gitlow seconded approval and recommendation as printed; the motion passed, 7-0.
Article C. Revision of the definition of "Service Trade" in SECTION II, DEFINITIONS. Brown moved and Berry seconded approval and recommendation as printed; the motion passed, 7-0.
Article D. Addition to SECTION VI, GENERAL REGULATIONS, of Section 6.23, Service Trades, listing requirements and standards for same. Berry moved and Brown seconded approval and recommendation as printed; the motion passed, 7-0.
The above four articles are basically "housekeeping," with no regulation changes made to either Home Occupations or Service Trades. Comments from the audience included:
Steve Pechonis statement that the changes put the bylaw in "better shape than previously."
Question from Heather Moore, who keeps a stable by special permit, as to how the changes would affect her status; she was informed that her special permit guaranteed her stable's status
Discussion ensued of Home Occupation and Service Trades in terms of the square footage of usage allowed
Article E. Change in SECTION 5.3.2, USE REGULATIONS to allow Service Trades in the National Seashore Park under Special Permit. Parent moved and Gitlow seconded approval and recommendation as printed; the motion carried, 7-0.
In discussion of allowing service trades into the National Park, it was pointed out that the Park itself conducts similar activities.
Mary Ann McCaffery asked it there had been any discussion with the Park concerning the change; the Chair replied that there had been limited communication and Ben Gitlow noted that the park has a right to review any amendment and to challenge if they do not feel the amendment complies with the original bylaw.
Lisa Brown stated that this change goes from more to less restrictive.
Article F. Replacement of in SECTION VI, GENERAL REGULATIONS, of Section 6.2, ACCESSORY BUILDING, with new language. Brown moved and Gitlow seconded to table this Article for future consideration; the motion carried, 5-2 (O'Connell, Miller).
The Chair suggested the substitution of or for and in the passage: "Accessory buildings or structures covering more than 120 square feet of lot area and more than seventeen (17) feet fall may be located a minimum of ten (10) feet from the rear property line…" In succeeding discussion:
Alfred Pickard stated his disagreement with this amendment, feeling that it would limit accessory dwellings; the Chair argued that it would protect neighbors by not intruding on lot lines.
Gerry Parent referred to the former Building Inspector's objectives for this article, considering the continuing pressure brought to bear with intensity of building; however, he noted, Wellfleet is making more and more use of the special permit and perhaps the pendulum is swinging too far. The Chair noted that the special permit is a public process; Parent added that it is often a costly process, since many people go through it with an attorney.
Steve Pechonis wondered if the proposed amendment would be impede affordable housing.
Donald Thimas thought that referring the project to the ZBA might be a good idea in that it would inform neighbors of the intent to build next to a lot line. Lisa Brown stated that the abutter has at least the right to input.
To Harriet Miller's question about the possibility of precedence problems if the article is passed, the Chair answered that the special permit is allowed by the ZBA only if the project is "not a detriment to the Town."
Mark Berry felt that 120 square feet in lot area should be made bigger, noting that it would allow only a one-car garage; the Chair stated his willingness to move on the square footage; Lisa Brown suggested knocking out the square footage requirement and using only the 17' height requirement.
Ashley Fawkes-Sylver asked how many people built garages on their rear lot lines, and Brown wondered about numbers of other buildable structures.
Gitlow stated two concerns: (1)he was uneasy about this going before Town Meeting with unresolved questions and (2) he noted Parent's concern about over-issuing of special permits. The Chair stated that the only issue for him was the question of the area of the structure; telling neighbors what was going on was clear to him.
Jean Schaeffer noted the importance of the property rights of the person who owns the property; she felt the language of the article (its "legalspeak") was confusing.
The article was tabled for further discussion: ascertaining of area dimensions, finding out at the end of the year how many accessory buildings have been built near lot lines, determining whether the article would be detrimental to affordable housing.
[At this point (8:00 p.m.), the Chair called a recess in order for the Board to hear two ANR proposals scheduled for this time. The public hearing continued at the conclusion of the ANR hearings (8:20 p.m.)]
Article G. Deletion of the existing Section 6.14.3 of SPECIAL FLOOD HAZARD DISTRICT REGULATIONS and replacing it, with the addition of a new Section 6.14.4. Alfred Pickard moved and Mark Berry seconded to table this Article for future consideration; the motion passed, 7-0.
The Chair noted that the Board had agreed to consider this bylaw amendment at the request of the Conservation Agent, following a suggestion of the former Building Inspector that there were no criteria in the Bylaw for granting exemptions. Cyndi Moe, of the Conservation Commission, relayed Conservation Agent Beebe's request that this article be tabled since the Planning Board had not received information on it in advance of the hearing.
Article H. Replacement of SECTION III, DISTRICTS, Section 3.3, ZONING MAP, with maps of present zoning prepared by the Cape Cod Commission dated April 2004 to be adopted as official. Parent moved and Brown seconded to recommend as written; the motion passed, 7-0.
Article I. Deletion of present section, DISTRICT DESCRIPTIONS, CENTAL DISTRICT, and replacement with a listing of all parcels within the Central District. Parent moved and Berry seconded to table this Article for future consideration; the motion passed, 7-0.
[Gerry Parent disclosed that he owns two properties in the Central District; Alfred Pickard disclosed that his property in the Central District is split-zoned.] The attempt of this proposal was to make the Central District follow lot lines to avoid splitting some properties between Central District and Residential District, allowing Central District privileges for the entire property. During discussion, one of the properties assigned to the Central District was found inappropriate to that area; suggestion was made that the Cape Cod Commission should be requested to do a blow-up of the map of the proposed district to make it easier to check its accuracy. The Chair noted that he would like to know the percentage of a lot gained from the Residential District. The motion to table was unanimously
passed.
Article J. Amendment of SECTION IX, OVERLAY DISTRICTS, Section 9.1.2, Wellhead Protection District. Parent moved and Gitlow seconded approval and recommendation as printed; the motion passed, 7-0.
In justification of description and the map showing the new boundaries of the Wellhead Overlay District to be adopted as official, Ben Gitlow stated that this would guarantee that no detrimental use to the potential water supply existed within its boundaries.
Article K. Amendment of the Affordable Housing Tax Abatement. Brown moved and Parent seconded approval and recommendation of the article with amendment to Section 4: the substitution of dwelling units for structures in the passage "divided by the total square feet of all the structures on the property." The motion passed, 7-0.
Peterson explained that when the original Tax Abatement article was passed, it was not realized that existing affordable properties were not included; this amendment includes them. Change in wording in Section 4 from "structure" to "dwelling units" was moved by Brown, seconded by Pickard, and passed unanimously.
ANR #04-01; Donald L. and Norma L. Landry, Caledonia Path, Assessor's Map #42, Lot #s 80, 81, & 82, 2 lots proposed. Richard Lay of Slade Associates presented the purpose of this plan for a 3-lot parcel, to consolidate the two easterly lots and change the lot line on the westerly lot to provide it with frontage. Gerry Parent moved to deem the Landry proposal an ANR; Alfred Pickard seconded; the motion carried, 7-0.
ANR #04-02; Nancy L. and John Porteus, 155 & 215 West Main Street, Assessor's Map #s 13 & 14, Lot #s219 & 40, 2 lots proposed. Lay explained that the property consists of two lots containing a cottage colony and a dwelling. [Mark Berry disclosed that he owns a cottage colony.] Through a shift in lot line, Lot 1A (with the dwelling) would now also contain a cottage taken from the cottage colony. Both lots possess sufficient frontage and area under the zoning bylaw; the ZBA has issued a Special Permit to allow the cottage to become an affordable accessory dwelling. The Chair noted that access, frontage, and lot area were all satisfactory; he moved that the Planning Board deem the Porteus proposal an ANR. Lisa Brown seconded the motion; carried, 7-0.
Other Business:
Discussion and Recommendation on (Petitioned) Warrant Article 55. The (presently numbered) Warrant Article 55 proposes to amend the Bylaw Section 6.21, Affordable Accessory Dwelling Units by replacing Paragrah (C) to include "regardless of whether the building is presently occupied by an income-eligible household." The Chair noted that the amendment was redundant; Peterson noted that the concern of the amendment should be taken care of by the proposed amendment discussed immediately above. Ben Gitlow moved and Mark Berry seconded that Planning Board does not recommend (presently numbered) petitioned Warrant Article 55. The motion carried, 7-0.
Minutes of March 3, 2003. Alfred Pickard moved and the Chair seconded approval of the minutes of 3-3-03; the motion carried, 6-0-1.
Mail. The Chair reviewed the mail, noting the continuing formation of the LCP Committee, the two meetings being held on 3-18 and 3-20 by WIAC to explain the town water system, and an upcoming Health Care meeting.
Mark Berry moved adjournment; Lisa Brown seconded; the meeting closed at 9:25 p.m.
Respectfully submitted,
_____________________________ ____________________________
Frances J. Castillo, Committee Secretary R. Dennis O'Connell, Chair
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