Wellfleet Planning Board
Minutes of Meeting on Wednesday, October 6, 2010
Senior Center Conference Room, 7:00 p.m.
Present: Griswold Draz, Chair; Olga Kahn, Alfred Pickard, Janet Reinhart, Theodore Franklin, Gerald Parent; Rex Peterson, Assistant Town Administrator
Chair Gooz Draz called the meeting to order at 7:02 p.m.
Minutes of 9/15/10
Reinhart moved to approve the amended minutes of September 15, 2010. Kahn seconded, and the motion carried 6-0.
Town Counsel Comments on Zoning Bylaw Revision
The Board examined the letter dated September 1, 2010 1 from Attorney Elizabeth A. Lane of Kopelman & Paige, Town Counsel. She had commented on Affordable Accessory Dwelling Units (AADU) and Gross Floor Area Zoning Amendments. Pickard asked about the process of getting opinion from Town Counsel. Draz noted the suggestion for changing “Livable Floor Area” to “Gross Floor Area” in the AADU section of the bylaws, and there was discussion of making the change for the purpose of consistency. Planning Board members discussed the provisions for garages, another concern of Attorney Lane. The Board will submit suggestions on garages for consideration at a future meeting.
Standards & Criteria
Two deleted items 2 from May 19, 2010 Standards & Criteria were reconsidered. Draz said he thought that the first criteria and the ZBA Special Permit application covered the items. Parent suggested having a Site Plan Review checklist that included mechanical systems such as generators and screening for them.
Pickard moved to include in the Standards & Criteria the two deleted items from May 19, 2010 with the berm language removed. Parent seconded. After discussion of incorporating the two items into the list of criteria, Pickard and Parent rescinded their motions. Parent said he would work on incorporating the items into the other listed criteria.
Formula Business Bylaw
Planning Board discussed the Formula Business Bylaw 3 that Janet Reinhart had submitted on September 30, 2010. The Board discussed the Chatham Formula Business bylaw, the purpose of having such a bylaw, and citizens’ concerns. From the floor, Bruce Bierhans, who had drafted the bylaw, spoke about monitoring formula businesses and protecting the visual and aesthetic character of the community. From the floor, Jan Morrissey mentioned a Nantucket plan that excluded formula businesses from the historic zone. Parent cautioned about a business’ option for changing one or two aspects of what identifies it as a franchise business. From the floor, Brent Harrold commented on negative reactions of townspeople to formula businesses in Wellfleet. Janet Reinhart reviewed other towns that have
proposed formula business bylaws. She expressed the hope that the Planning Board would hold a hearing to go forward with the formula business bylaw. The Board agreed to continue to work on preparing the bylaw. John Morrissey asked for a representative from Planning Board to address Wellfleet Forum on the formula business issue. Pickard said that Planning Board should seek Town Counsel’s opinion on retroactive enforcement for pre-existing businesses. Draz urged Planning Board members to make any changes to the proposed formula business bylaw for consideration at the next meeting.
Mail
Planning Board had received a September 28, 2010 letter 4 from Jan & John Morrissey regarding limiting house sizes in Wellfleet’s R1 and R2 districts. The Morrisseys were present to discuss their concern over a particular building and the prospect of large houses on small lots.
Parent disclosed that he handles the rental of the house behind the subject property.
There was discussion of the character of the neighborhood, regulating house size in residential districts, rebuilds, and lot sizes.
Affordable Housing Proposal
Pickard had a suggestion about finding matching properties of Town-owned land and Affordable Housing lots, an idea for further discussion with the Housing Authority. Peterson said there are some Affordable Housing bylaw proposals ready for the next meeting.
Next Meeting
Anticipated agenda for the October 20, 2010 Planning Board meeting includes: T-Mobile Hearing, Final Release of the Covenant for Goss Lane, Affordable Accessory Dwelling Unit Bylaws, Formula Business Bylaws, Zoning Bylaw Revision, Minutes, Mail and other Business.
Draz suggested preparing questions on the formula business bylaws in advance of the meeting.
Adjournment
Reinhart moved to adjourn. Pickard seconded, and the motion carried 6-0. The meeting was adjourned at 9:35 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 10/19/10.
Public Record Material from Planning Board meeting of 10/6/10
1.) Kopelman & Paige letter dated 9/1/2010 re: Gross Floor Area Zoning Amendments
2.) Two deleted items (5/19/10) from Standards & Criteria
3.) Proposed Formula Business Bylaw (9/30/10) submitted by Janet Reinhart
4.) September 28, 2010 letter from Jan & John Morrissey
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