Wellfleet Planning Board
Minutes of Meeting on Wednesday, November 17, 2010
Senior Center Conference Room, 7:00 p.m.
Present: Griswold Draz, Chair; Theodore Franklin, Barbara E. Gray, Olga Kahn, Gerald Parent, Janet Reinhart; Rex Peterson, Assistant Town Administrator
Regrets: Alfred Pickard
Chair Gooz Draz called the meeting to order at 7:00 p.m.
Minutes of November 3, 2010
Gray moved to approve the minutes of November 3, 2010. Franklin seconded, and the motion carried 5-0.
Affordable Housing Bylaw Proposal
Olga Kahn presented a version of 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet with her revisions1 Barbara Gray gave background on legislation that had created 40B provisions for Affordable Housing. Gray discussed the importance of specificity for Affordable Housing bylaws. She said the bylaw under consideration needed more work. Gray gave more history on Wellfleet’s efforts to pass bylaw changes for lots in 2001.
Planning Board proceeded to consider the proposed Affordable Housing bylaw section by section.
In 6.28.2 Definitions, Reinhart moved to make the revision in the “Affordable Dwelling Development” definition as Kahn had suggested. Draz seconded, and the motion carried 6-0.
Everyone agreed that Annual Household Income needed to be clarified in the second definition “Dwelling, Affordable.” PB members also discussed the deed restriction required for an Affordable Dwelling.
Franklin moved to place the third paragraph of 6.28.3 Authority in Section 6.28.7. Draz seconded. The motion carried 6-0.
Kahn moved to place the fourth part in 6.28.3 Authority to section 6.28.4. Reinhart seconded, and the motion carried 6-0.
There was a discussion of the districts, particularly the National Seashore District, in which new Affordable Dwelling provisions would be allowed. Draz suggested consulting with the National Seashore authorities for their input. Draz gave estimates of how many lots could be developed in the R1 and R2 Districts through the proposed bylaw. Gray said the number of possible lots should be established.
In Section 6.28.4 Special Permit Requirements for Affordable Dwellings the size suggestions that Kahn had outlined were discussed. Elaine LaChapelle of Affordable Housing offered the bedroom size guides. Paragraph E of 6.28.4 had some small changes which Kahn had suggested. Draz moved to accept Section 6.28.4 (E) with the changes. Gray seconded, and the motion carried 6-0.
Parent moved to strike Paragraph B from 6.28.4. Franklin seconded, and the motion carried 6-0.
Kahn moved to strike Paragraph C of 6.28.4 and move it to another section if needed. Parent seconded. The motion carried 5-0-1.
Barbara Gray said that there had been objections to the Dennis bylaw upon which the Wellfleet proposal was modeled and suggested deferring the detailed scrutiny of the proposal. Draz said the Board needed to look at the overall bylaw to check it for unity and coherence.
6.28.5 Standards and Criteria was left unchanged for now.
6.28.6 Area & Frontage Requirements for Affordable Dwelling Developments had an addition to the title line. Otherwise it had no changes.
Parent had questions about 6.28.7 Affordable Dwelling Restrictions, Paragraph B. He said that the general disclaimer in 6.28.9 (G) should be applied to Section 6.28.7. Elaine LaChapelle said that there should be a legal review of that provision. She said the Housing Authority would check on this.
Kahn explained her suggestion for 6.28.7, Paragraph D. The Board discussed income eligible renters. The order of preference in 6.28.8, Paragraph C was deliberated by PB members and Elaine LaChapelle. Both Paragraphs C and D will be considered again at a future meeting.
Discussion of the Affordable Dwelling bylaw ended at 6.28.9 Nonconforming Lots and will continue at the next meeting.
Formula Businesses
A number of people were present who expressed their views on controls for formula businesses. From the floor, residents Aylette Jenness, Jan Morrissey, Jeff Glanville, Dana Franchito, and Joan Wall all said they would like to see strong Formula Business bylaws put in place. Attorney Jamie Veara said he wanted to be sure Cumberland Farms would be able to expand, and he offered cautions based on the consequences of a tough Formula Business bylaw in the Town of Dennis. 2
Planning Board members expressed their thoughts on creating a Formula Business bylaw. Gooz Draz said he’d like to break the regulations into two elements: fast food restaurants and other franchises. Janet Reinhart spoke in favor of developing a Wellfleet Formula Business bylaw based on the Towns of Dennis and Provincetown. Barbara Gray said she favored banning fast food franchises with drive-thru windows. She commented on the Attorney General’s acceptance of Town bylaws. Ted Franklin said he was not in favor of a blanket ban on franchises, but he would like to see strong parameters defined in a bylaw. Gerald Parent considered what could or could not be done without a Special Permit, and allowed uses of property. He said he favors limits to what can be done through a reasonable bylaw. Olga Kahn
said she would not underestimate what a corporation might do; therefore, a strong bylaw should be in place.
Further discussion among the Board and with the audience ensued about what controls make sense for Wellfleet. Draz moved to ask permission to get Town Counsel to come to a Planning Board meeting to discuss questions about Formula Business bylaws. Parent seconded. The motion carried 6-0.
Before the next meeting Janet Reinhart will prepare another Wellfleet draft bylaw for Formula Businesses.
Mail
There was a notice of request for suggestions for the Coastal and Estuarine Land Conservation Program dated November 8, 2010. 3 Copies for PB members will be included in the next meeting packet.
Other Business
Barbara Gray recommended discussion of additional Scenic Roads in Wellfleet.
Next Meeting
The agenda for the December 1, 2010 meeting includes: Town Counsel on Formula Business (possibly), Affordable Housing bylaw proposal, Criteria #1, Use Table numbers for Size Bylaws, and Scenic Roads.
Adjournment
Reinhart moved to adjourn. Parent seconded, and the motion carried 6-0. 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 12/1/10.
Public Record Material from Planning Board meeting of 11/17/10
1.) 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet with Olga Kahn’s revisions
2.) Town of Dennis Formula Business By-law
3.) Letter dated November 8, 2010 regarding planned Request for Responses for Coastal and Estuarine Land Conservation Program
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