Wellfleet Planning Board
Minutes of Meeting on Wednesday, March 17, 2010
Town Hall Hearing Room, 7:00 p.m.
Present: Barbara E. Gray, Chair; Olga Kahn, Gerald Parent, Alfred Pickard, Janet Reinhart, Rex Peterson, Assistant Town Administrator
Absent: Ronald Harper, Griswold Draz
Public: Paul M. Murphy, Inspector of Buildings; Emily EH Beebe, Steve Gazzano, Board of Water Commissioners; Alex Hay, Board of Health and Wastewater Planning Committee; Attorney Ben Zehnder
Discussion with Paul M. Murphy, Inspector of Buildings
Ms. Gray asked Mr. Murphy if he had any suggestions for Zoning By-law revisions and asked in particular about Section 6.1.5. Mr. Parent objected to a discussion of Section 6.1.5, stating that the Planning Board had not voted any interest in revising that section, and asking where the discussion item came from. Ms. Gray said that this was not a meeting, and that there would be no minutes, no motions and no agenda. Mr. Parent disagreed, and said that it was a posted public meeting and that minutes of the meeting are required.
Mr. Pickard said that he asked the Town Clerk what posting a meeting means, and the Town Clerk said that if it is an open meeting, minutes are required. Ms. Gray repeated that in her opinion, this was not a meeting, but rather a “work session” and asked once again for the Building Inspector’s opinion of Section 6.1.5.
Mr. Murphy said that his role as Building Inspector is to act on matters put before him, and to decide if the matter is enforceable or not. Ms. Kahn asked if Section 6.1.5 included teardowns. Mr. Murphy said that in his opinion, the term “alterations” included reconstruction. Ms. Kahn asked if “alteration” as used in Section 6.1.5.4 is the same as reconstruction. Mr. Pickard said that “replacement” is included; taking one away and replacing it with another.
Ms. Gray said that no motions would be accepted from Planning Board members. She said that any member who made a motion would be ruled “out of order”.
Mr. Murphy said that he had received many opinions from Town Counsel over many years about Section 6.1.5 and reconstructions. Mr. Zehnder gave an explanation of the Rockwell and Goldhersch decisions of 1993 and their impact on pre-existing nonconforming structures. Mr. Zehnder said that because Wellfleet had so many nonconforming lots and structures, the Selectmen asked the Planning Board to create a by-law that allowed certain alterations of conforming structures on nonconforming lots by right. In general, the law says that a zoning by-law must include provisions for “replacement” or “reconstruction” so that grandfathering is not lost through demolition.
Mr. Zehnder added that he would like to see more flexibility in setbacks according to a neighborhood. Ms. Beebe supported the idea of flexible setback requirements according to neighborhood. She said that from the perspective of the Conservation Commission, it makes sense to move a house closer to the front property line by decreasing the setback requirement and away from a coastal bank or wetland. She would also like to see stronger and more thorough requirements in the Zoning By-law and Subdivision Rules and Regulations that address stormwater runoff and recharge being contained on lots.
Ms. Kahn asked about grandfathering for vacant lots. Mr. Zehnder explained that lots created prior to adoption of zoning by the Town and nonconforming lots held in separate ownership are grandfathered, but must meet the setback requirements in effect when the lot was created. Lots created before the Town adopted zoning are addressed in Mass General Laws, Chapter 40A.
Mr. Parent asked Mr. Murphy about his interpretation of Section 7.3.2 of the Sign Code. Mr. Murphy said that his interpretation is that this section applied to businesses located on an individual parcel and not to multiple businesses on the same lot. He based his interpretation on Section 5.4.13 which allows only one business per lot in the Central District. Mr. Zehnder said that he did not agree with Mr. Murphy’s interpretation.
Water System Expansion
Ms. Beebe explained and discussed Article AA regarding expansion of the municipal water system. She said that past Town Meeting action authorized the borrowing of up to $6 million. Subsequently, the Town was awarded a USDA grant for $4.5 million and a low interest loan of $1.5 million. The debt service on the loan will be paid by the newly established Water Enterprise Fund. The Board of Water Commissioners hopes for a similar grant and loan package for the $3.6 million required to fund the expansion under Article AA. Ms. Beebe said that this phase would be contingent on grant and loan funding, and would otherwise not move forward.
Ms. Reinhart asked if people are signing up to connect to the system. Ms. Beebe said that a substantial number of homeowners and businesses are on a waiting list for connections. Mr. Pickard asked if Taylor Hill was part of the proposed expansion, and how lots not along the water main could connect. Ms. Beebe said they cannot connect at this point, and that further expansion is anticipated.
Wastewater Management Planning
Mr. Hay discussed Article O. regarding authorization to borrow $500,000 for wastewater planning. He talked about the work that has been done to define and analyze water sheds in the Town. One outcome of the ongoing Mass Estuaries study might be no increase of nitrogen loading in the Harbor. This might require moving wastewater flow from one watershed to another.
Wastewater planning will require collaboration among the Wastewater Planning Committee, Water Commissioners, Board of Health and Planning Board. One of the issues to be addressed is controlling growth once wastewater treatment is available. Mr. Hay explained that the Town has already qualified for a low interest loan from the State Revolving Fund for the planning phase of the project. Ms. Beebe added that the Town must develop a vision for what it wants in the Central District in terms of allowing or controlling expansion and development. The Board of Health may play an important part in this process through its ability to grant or deny variance requests. She added that it is likely that different solutions will be recommended for different areas and watersheds.
Mr. Pickard made a motion to support and recommend the Wastewater Planning (Article O) at the Annual Town Meeting. Ms. Gray said that no motions are allowed at this meeting, and she ruled Mr. Pickard’s motion “out of order”. Mr. Pickard said that a quorum of the Planning Board was present, and he questioned why with five members present, a recommendation could not be voted. Mr. Parent seconded Mr. Pickard’s motion. Ms. Gray repeated that she had ruled Mr. Pickard’s motion “out of order”. Ms. Reinhart reminded those present that in order for the Planning Board’s recommendations to appear in the warrant, they must be received by the Administration no later than March 26.
Respectfully submitted,
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Rex Peterson
Assistant Town Administrator
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Date
Planning Board approved these minutes at the meeting held 4/21/10
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