Wellfleet Planning Board
Minutes of Meeting and Wednesday, August 18, 2010
Senior Center Conference Room, 7:00 p.m.
Present: Griswold Draz, Chair; Olga Kahn, Gerald Parent, Janet Reinhart; Assistant Town Administrator/Planner Rex Peterson
Regrets: Ronald Harper, Alfred Pickard
Chair Griswold Draz called the meeting to order at 7:00 p.m.
Minutes of 8/4/10
Reinhart moved to approve the amended minutes of August 4, 2010. Kahn seconded, and the motion carried 5-0.
Mr. & Mrs. Greenspan, part-time residents who were present at the meeting, expressed their favorable viewpoints on Wellfleet and the proposed zoning bylaw changes for house size.
Zoning Bylaw Work
Draz reviewed the most recent versions of the Gross Floor Area (GFA) definition and chart1. He suggested adding language to the second story floor measuring specifications. PB members had other suggestions for wording and agreed that a schematic demonstrating the method of measuring GFA should be added to the Zoning Bylaws. Draz also offered some small changes to the Use Table which he said would improve the chart.
Reinhart moved to accept the 5.4.3.2 Table as amended as the latest working proposal. Kahn seconded. The motion carried 4-1.
Draz moved to approve the GFA floor area definition changes as suggested by Gerald Parent. Reinhart seconded. Franklin offered alternate wording for the floor area definition.
Draz removed his motion and Reinhart withdrew her second.
Parent moved to change the wording of Gross Floor Area, incorporating the floor area into the first paragraph. Draz seconded, and the motion carried 5-0.
Standards and Criteria
The Standards & Criteria2 for Special Permits that had been reviewed by Town Counsel were examined. Two additional standards & criteria3 that had been deleted but sent to Town Counsel for an opinion were also re-examined. PB discussed whether or not the deleted sections had been covered in the Standards & Criteria. Draz suggested that someone do a rewrite of the criteria that required the installation of berms as buffers for mechanical systems.
Parent moved to submit the two reconsidered standards & criteria to the ZBA. Reinhart seconded, and the motion carried 5-0.
Draz moved that numbers 1-7 of Standards & Criteria, Section xxx be accepted as the working draft of the Standards & Criteria to date. Reinhart seconded. The motion carried 5-0.
Draz said he had met with Chet Lay of Slade Associates and Building Inspector Paul Murphy to inquire what, from their perspective, would be necessary to do measurements according to Gross Floor Area definitions. Mr. Lay said he could certify GFA on a plot plan to be brought to the Building Inspector for his determination if a Special Permit would be necessary or not.
Mail
The August 16, 2010 memo from Bruce Drucker regarding the proposed Zoning Bylaw Changes for house size4 was noted. Draz suggested that the Board read the letter and discuss it at another meeting. Draz gave statistics of Building Permits from 2009 to illustrate the number of small to modest additions that had been permitted.
Other Business
Draz presented the following Findings of Facts for Affordable Accessory Dwelling Units (AADUs): 1.) The AADU by-law was enacted in 2002 and is a zoning bylaw program restricted to rental units for income eligible tenants2.) It requires a Special Permit approval by the Zoning Board of Appeals and annual verification of the tenant's income and lease filing by the landlord3.) Thirteen AADUs have been permitted, of which 12 are apartment units in existing Single Family Dwellings, and only one is in a separate accessory structure (of 832 s.f.)
4.) There is no compelling reason to believe or suppose that passage of the proposed Gross Floor Area by-law would unduly inhibit or prevent anyone from seeking a Special Permit for an AADU on their property, even were it to involve expansion to an existing home or property's by-right Gross Floor Area allowance, nor to believe that the ZBA would deny such an AADU special permit so long as it met all the basic zoning and health requirements (I.e., set-backs, septic, etc.)
Draz moved to accept the Findings of Fact. There was no second, but there was a discussion of not offering incentives for creating AADUs and of going through the Special Permit process. Draz said he would submit the Findings for the next meeting. He also said he’d like to submit to Town Counsel Parent’s concerns about needing two Special Permits for GFA and for an AADU.
Draz moved that the question of needing two Special Permits for GFA and an AADU and whether there is a way to minimize the burden of doing so be brought to Town Counsel for her opinion. Reinhart seconded, and the motion carried 3-2.
Gerald Parent introduced a different By-Right Gross Floor Area Chart which he had compiled, some definition changes 5 and a page of Notes 6 which deal with reduction of mass in buildings. The question was raised about the underlying premise of the bylaw changes – Is it for preventing McMansions or for preserving the character of the town? Parent said that he felt that his proposed GFA chart would receive support at Town Meeting. Parent’s proposals will be on the next agenda.
Next Meeting
Anticipated agenda for the September 1, 2010 Planning Board meeting includes: Zoning Bylaw Revision, AADU Findings, Minutes, Mail, Other Business.
Adjournment
Franklin moved to adjourn. Draz seconded, and the motion carried 5-0. The meeting was adjourned at 9:55 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 9/15/10.
Public Record Material from Planning Board meeting of 8/18/10
1.) Gross Floor Area
2.) Standards & Criteria
3.) Two Additional Standards & Criteria sent to E. Lane for comments
4.) August 16, 2010 memo from Bruce Drucker re: Proposed Zoning By-Law re : Changes Regarding House Size
5.) By-Right Gross Floor Area Chart and some definition changes by G. Parent
6.) Notes by Gerald Parent from 8/18/10
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