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Planning Board Minutes 01/20/2010
Wellfleet Planning Board
Minutes of Meeting on Wednesday, January 20, 2010
Town Hall Hearing Room, 7:00 p.m.

Present:  Barbara E. Gray, Chair; Griswold Draz, Olga Kahn, Gerald Parent, Alfred Pickard, Janet Reinhart, Rex Peterson, Assistant Town Administrator
Absent: Ronald Harper

ANR #10-01 – Fanger, H Street, (Map 30, Parcel 135)
Tim Brady from East Cape Engineering presented the plan.  He is seeking the Board’s endorsement in order to file the plan as part of an adverse possession claim in the Land Court.  Attorney Zehnder, representing the abutter whose land was in dispute, said that it would be “improper” for the Board to endorse the plan before there was a decision on ownership from the Land Court.  Parent made a motion to endorse the plan.  Pickard seconded.  The Board’s vote in favor of the motion was unanimous.

Minutes of January 6, 2010 meeting
Draz made a motion to approve the minutes as presented.  Reinhart seconded.  The Board’s vote in favor of the motion was unanimous.

Sign By-law
Gray reported that Harper had a telephone conversation with Town Counsel Betsy Lane regarding the proposed Sign By-law.  It was Counsel’s opinion that the temporary sign provision can be adopted as a Selectmen’s policy rather than as a regulation.  This would avoid First Amendment and freedom of speech issues that might be associated with a by-law.  Draz made a motion to table the discussion of the proposed Sign By-law until Harper was present and the Planning Board could have further discussion of the matter.  Pickard seconded.  The Board’s vote in favor of the motion was unanimous.

Site Plan Review
Draz prepared a revised Site Plan Review – Special Permit draft based on the comments received from Town Counsel.  Copy attached along with the original draft sent to Town Counsel.  

Motion by Draz to approve the revisions to Article I for presentation at the January 30, 2010 information meeting.  Kahn seconded.  Five members voted in favor of the motion, and one opposed (Pickard).

Motion by Pickard to open the meeting to public comment.  Seconded by Reinhart.  Boards vote in favor of the motion was unanimous.  Public comments were accepted by the Planning Board.

Motion by Draz to approve the revisions to Article II for presentation at the January 30, 2010 information meeting.  Pickard seconded.  Board’s vote in favor of the motion was unanimous.

Motion by Draz to approve the revisions to Article III for presentation at the January 30, 2010 information meeting.  Reinhart seconded.  Board’s vote in favor of the motion was unanimous.

Motion by Draz to approve the revisions to Article V for presentation at the January 30, 2010 information meeting.  Reinhardt seconded.  Five members voted in favor of the motion, and one opposed (Parent).

Motion by Pickard to delete Article IV.  Parent seconded.  Four members voted in favor of the motion, one opposed (Gray) and one abstaining (Reinhart).

Motion by Pickard that Zoning Board of Appeals serves as the Permit Granting Authority for Site Plan Review – Special Permit for R1 and R2 Districts.  Draz seconded.  Four members voted in favor of the motion, one opposed (Gray) and one abstaining (Kahn).

Motion by Pickard to table Scenic Roads proposal to the February 3, 2010 meeting.  Kahn seconded.  Board’s vote in favor of the motion was unanimous.

Motion by Parent to adjourn.  Seconded by Kahn.  Board’s vote in favor of the motion was unanimous.  Meeting adjourned at 9:27 p.m.

Respectfully submitted,



__________________________              _________________________
Rex Peterson                                    Barbara E. Gray
Assistant Town Administrator                    Chair


                                                        __________________________
                                                        Date

Planning Board approved these minutes at the meeting held 2/3/10.