Wellfleet Planning Board
Minutes of Meeting and Wednesday, June 4, 2008
Senior Center Duck Pond Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Barbara Gray, Ronald Harper, Stephen Oliver, David Rowell, Alfred Pickard, Gerald Parent
Chairman O’Connell called the meeting to order at 7:00 p.m.
Site Plan Review Open Session
At his own initiative, Griswold “Gooz” Draz had prepared material on Net Living Area of Wellfleet properties and a Site Plan Review draft for Planning Board’s consideration. Attorney Dennis Manesis, representing the owner of one of the properties referred to in Draz’s May 21, 2008 report, objected to the inclusion of a particular property in Draz’s study. O’Connell proffered an apology to the home owner.
Rowell moved to limit the public session to approximately 15 minutes. Pickard seconded, and the motion carried 6-0-1.
Gray proposed that no specific building locations be referred to in the discussion. Parent said that conclusions had been drawn regarding potential Site Plan Review for the particular cases in Draz’s study. Attorney Manesis said that his client had asked that no specific references be made to street address, the client’s name and the number of people who live in the house; however what was in the public domain could be mentioned.
Gooz Draz fielded questions and comments regarding his proposals for a Site Plan Review (SPR) bylaw. He replied to matters of definition; a reference to “any building within the National Seashore”; tear-down suggestions; having “findings” as well as Notice of Decision; the “Standards & Criteria” section; the 50% guideline; case studies which were outside of the Seashore; lot coverage; neighborhood involvement in SPR; modifications to fit landscapes; and definition of “neighborhood” in the harmony with the neighborhood clause.
Gray thanked the public in attendance, particularly Gooz Draz, and asked that Planning Board move on to its Working Session.
Site Plan Review Draft Bylaw/ Lot Coverage Changes – Working Session
O’Connell stressed the need to get a draft bylaw prepared that can be advertised and brought to a public hearing. He said he’d like Planning Board get the bylaw out to the public for comment. The latest draft (June 4, 2008) for the Board to consider had been prepared by Assistant Town Administrator Rex Peterson. Gray asked about the two-year waiting period for reintroducing a bylaw that fails at Town Meeting. Because there was talk of a Petitioned Article, Parent said it is not in the best interest to the Town to have more than one SPR proposal before a Town Meeting.
Rex Peterson suggested comparing the May 29, 2008 and June 4, 2008 drafts he had presented. “Applicability” B.1 was discussed. This dealt with a floor-area ratio as site coverage. The Board considered specific sizes that would trigger a Site Plan Review. O’Connell said dealing with the under-20,000 square foot lot is problematical. Parent said that finding the trigger would help establish the 15% ratio. Harper said the small additional trigger could be eliminated. Parent asked about having SPR as well as Special Permit for additions.
Gray asked about having the power to waive SPR. This would have to be done in a public hearing. Parent suggested something like Conservation Commission’s Notice of Intent (NOI). There could be a NOI process for Site Plan Review, according to Gray. Notice of a Referral for Determination of Applicability (RDA) would be another possibility, according to Rowell. Pickard said that the short form for RDA works well. Parent suggested having an early notice to the abutter for an RDA. Preliminary Discussion/Review Section E. deals with this.
Gray asked about Site Coverage for impervious surfaces in B.3 Site Coverage. This is not included in the draft. Harper suggested having anything that requires a building permit included in items that count for site coverage. Gray suggested the words, “including but not limited to” in the clause on site coverage. Decks were also considered for inclusion in site coverage. This could be calculated by percentage in relation to floor coverage. The sum of all uncovered decks which require railings as per Mass Building Code having an area that exceeds X% (percent to be determined) could trigger a SPR, the Board agreed should be added to the “Coverage” clause. Rowell said a definition of “deck” was needed. At 30” a railing is required.
In B.3 the word uninhabitable could be added to cellar and attic, according to Harper. The farmer’s porch exclusion had been removed from the most recent draft.
Gray asked about members needed for SPR decisions. This is presented in Section D “Review Standards and Criteria.” Peterson said that Town Counsel will be asked about the legal number of members necessary for a SPR decision. There was also a language change in Section D back to the May 29th version “shall endorse.”
Section D.1 on landscape was questioned by Parent. He said certain neighborhoods create landscaping that is not in the “natural state.” The third sentence of D.1, “Landscaping shall consist primarily of native plants and trees,” will be eliminated. Revisions for D.1 Grading and D.2 were also considered.
D.3 on prevailing character, height, and scale of buildings in a neighborhood was discussed. The words “and the Town” were also considered and eliminated from the first sentence. Rowell discussed boxy houses that are not considered in the D.3 provisions.
Peterson discussed the purpose of the draft he had prepared. He expressed dissatisfaction with the Board’s review process of the draft. Peterson said he sensed that the Board was not committed to going forward with SPR. Gray expressed her views on having SPR.
Parent returned to Section D.3 and color control. Pickard recommended removing color and materials from D.3, and the Board agreed. D.3, Paragraph 2 was the point at which the Board stopped. O’Connell reviewed the Sliding Scales that were included in the SPR draft of June 4, 2008.
O’Connell said he would like to hold a public hearing before the summer season. He proposed a PB meeting on June 11. Parent said the public hearing should be held during the summer to get input from non-resident taxpayers.
Subdivision Rules & Regulations
O’Connell asked that the Board review Dick Lay’s comments on the Rules & Regulations revision-in-progress.
Minutes of May 21, 2008
Gray moved to approve the amended minutes of May 21, 2008. O’Connell seconded, and the motion carried 7-0.
Mail
Ben Zehnder had submitted a request for information from the Planning Board files. The secretary is working on providing him with the requested material.
Other Business
David Rowell asked about progress on the Air Strip. Parent moved to send a letter of inquiry to the Town Administrator regarding the Air Strip. Pickard seconded. The motion carried 7-0.
Adjournment
The meeting was adjourned by consensus at 10:00 p.m.
Respectfully submitted,
____________________________ ____________________________
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
________________________ Date
Planning Board approved these minutes at the meeting held 6/18/08.
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