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Planning Board Minutes 12/05/2007

Wellfleet Planning Board
Minutes of Meeting and Wednesday, December 5, 2007
Town Hall Conference Room, 7:00 p.m.

Present:  R. Dennis O’Connell, Barbara Gray, Ronald Harper, Stephen Oliver, Alfred Pickard
Absent: Gerald Parent, David Rowell
Also Attending: Building Inspector Paul Murphy, Attorney Ben Zehnder

Chairman Dennis O’Connell called the meeting to order at 7:00 p.m.

ANR Advisory – Old King’s Highway (Map 16, Parcel 45)
Chester Lay of Slade Associates explained an ANR proposal for a lot on Old King’s Highway (Map 16, Parcel 45).  This was a preliminary discussion before Slade proceeds with the division of the lot.  Part of the existing lot is in the Commercial Zone, but the two proposed lots would be residential.  Access to one lot can come from Major Doane Rd., and access to the other could be from Old King’s Highway.  Planning Board does not foresee problems, but Mr. Lay will come back with ANR documents.  

STM
There was a brief recap of Special Town Meeting and the ballot vote on the fire station.  O’Connell read a memo from Selectman Ira Wood with a question on exemptions for municipal buildings.  Ben Zehnder spoke to the issue of zoning bylaws for municipal uses.  

Noncompliant Structures Bylaw
Planning Board considered the language suggestions from ZBA for nonconforming, noncompliant structures.  Ben Zehnder had suggestions for 6.1.5.4. C.  Paul Murphy wanted to keep the 6 year statute in place.  Zehnder suggested using two definitions: 1.) pre-existing, non-conforming structures  and 2.) non-conforming structures ( protected by reason of existence for over 6 years or 10 years).  Another suggestion that Zehnder made is to specify that any structure either 6 or 10 years can be reconstructed in the same configuration.  

There could be a section for structures that are not in a residential zone.  Zehnder mentioned that Orleans had a good bylaw on this.  He also said that the Town of Dennis’ zoning bylaw was another good model.  O’Connell said that there could be sections a and b for single and two family and another section for all other structures. Whether there should be a bylaw for Commercial Zone structures was also discussed.  Planning Board will continue to work on the bylaw revision.

Route 6 Considerations
At the Planning Board’s request, Building Inspector Paul Murphy had checked on Shepley’s compliance to their Special Permit.  Murphy reported on the small amount of additional paving.  Oliver disclosed that he is a neighbor before discussing the amount of night lighting from Shepley’s.  Oliver said the lighting is supposed to point down, but it goes far exceeds this.  Oliver also discussed the traffic situation off big trucks at the main gate.  Murphy said he could look into the lighting issue, but he has no authority over the traffic pattern.  Planning Board members discussed what bylaw change could effect traffic controls. Zoning Bylaw 8.4.2 is the section to consider.  

Paul Murphy said that the landscape business on Route 6 is also in compliance with its Special Permit.  Barbara Gray spoke on the benefit of having Site Plan Approval, especially for Route 6.  O’Connell said there must first be criteria for Site Plan Review.  Pickard spoke on the possibility of changing setback requirements for Commercial properties.  

O’Connell read from the Special Permit bylaw relating to adequacy of roads and suitability of location.  All commercial projects in Wellfleet are done by Special Permit, O’Connell said.  He further stated that the Special Permit bylaw provisions for a “Project of Significant Impact” and the number of parking spaces are triggers for referring projects to the Planning Board.  

Barbara Gray introduced a notice for a ZBA hearing for a change in Special Permit parking restrictions for Neighborhood Automotive on Route 6.  Planning Board intends to follow this case.  

Cluster Development Bylaw
The Cluster Development bylaws will be continued at another meeting, but O’Connell offered another idea on bonus units.  He suggested that small lots not be allowed to have accessory buildings.  However, if an affordable unit was inside the main structure, the bonus would still be created.  This could be done by eliminating AADU as separate structures within a cluster development, O’Connell said.  There was a consensus that AADU’s be eliminated.

Goals for 2008
PB discussed use of an outside certified planning consultant.  Harper said he would like to get information on other towns’ planning consultant experiences.  O’Connell related some past experience with a planning consultant.  Gray mentioned that Ryan Christenberry of the Cape Cod Commission (CCC) had been very helpful with materials for the Local Comprehensive Planning Committee and said that CCC might be used as consultant.  Harper will investigate this.  

Other Business
Barbara Gray said that the Local Comprehensive Planning Committee would like to be on the agenda for January 2.

Gray also reported that she had approached a ZBA member about the nursery on Route 6, and he replied that a complaint could be registered.  She said that the Special Permit requirements could be reviewed.  O’Connell plans to speak to the Chief of Police about traffic and safety issues.

Minutes of 11/14/07
Gray moved to approve the minutes of November 14, 2007.  Harper seconded, and the motion carried 5-0.

O’Connell reminded the Board of the Conflict of Interest Seminar at Senior Center Dec. 10.

Adjournment
Gray moved to adjourn. Oliver seconded, and the meeting adjourned at 9:45 p.m.

Respectfully submitted,
        
____________________________    ____________________________
Mary Rogers, Committee Secretary        R. Dennis O’Connell, Chairman   

                                                ________________________ Date


Planning Board approved these minutes at the January 2, 2008 meeting.