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Planning Board Minutes 12/01/2010
Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 1, 2010
Senior Center Long Pond Room, 7:00 p.m.

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

Chair Gooz Draz called the meeting to order at 7:00 p.m.  

Minutes of Nov. 17, 2010
Parent moved to approve the minutes of November 17, 2010.  Franklin seconded, and the motion carried 5-0.

Affordable Housing Bylaw
Draz reported that there had been additional comments from two different sources.  The Cape Cod Commissioner Paul Ruchinskas’ suggestions will be distributed in the packet for the next meeting, and Ted Malone’s comments were included in a new edition of the November 23, 2010 bylaw proposal.1 Barbara Gray asked questions about the number of lots that would be affected by the bylaw changes.  Alfred Pickard discussed the research he has been doing on the number of vacant, currently undersized lots.  

The Board considered each section of the proposed bylaw.  There was a discussion of including in 6.28.1 Purpose, the number of people who would be helped by the bylaw.  Also 6.28.1 needs to be grammatically revised into several clear sentences.  

Kahn moved to change Dwelling, Affordable in Definitions 6.28.2.   Subsections (a) and (b) should be presented as (a) or (b). Parent seconded, and the motion carried 6-0.  

In Section 6.28.7, Clause E there will be language added for annual income review.  Rex Peterson will include this at the appropriate place.

Franklin moved to strike the last sentence of 6.28.4 B.  Gray seconded, and the motion carried 6-0.  

Pickard moved to take out word internal and add word sidelines to the end of Clause C in 6.28.4.  Kahn seconded.  The motion carried 6-0.  

The Board revised Section E of 6.28.5 Standards and Criteria and removed the conjunction and at the end of each section in 6.28.5.

Section 6.28.3 Authority was changed by consensus.  The last line now reads “primary and sole domicile of the eligible occupant.”  Following the Ted Malone suggestion, the words “for year round occupancy” were struck.  

Malone had suggested an additional Clause G in Standards and Criteria 6.28.5.  
Kahn moved to not include Clause G in Standards and Criteria.  Draz seconded. The motion carried 6-0.  

Parent moved that Clause C in Section 6.28.6 be changed to “nitrogen loading of less than 10 parts per million.”  Pickard seconded.  The motion carried 5-0-1.  

Pickard moved to eliminate Clause C from Section 6.28.8 Nonconforming Lots. Franklin seconded, and the motion carried 6-0.  

Parent moved to eliminate Clause E from Section 6.28.8 Nonconforming Lots. Pickard seconded, and the motion carried 6-0.  

Pickard moved to revise Section 6.28.7 Affordable Dwelling Restrictions Clause G so that G ends after the words “prior to issuance of a building permit.”  Franklin seconded, and the motion carried 6-0.  

The Board discussed the purpose of Affordable Housing Restrictions 6.28.7 Clause B but decided to continue the review at the next meeting.  Town Counsel will be present at the December 15, 2010 meeting for the discussion.

Draz noted the Attorney General’s 2001 Disapproval of Dimensional Special Permit By-law. 2

Gross Floor Area and Special Permit Standards & Criteria
Draz explained the November 13, 2010 changes to the Gross Floor Area definitions and use table submitted for the Board’s consideration. 3 The detached garage provision had been eliminated. There was discussion of the by-right allowances in the chart for the R1 and R2 Districts.  Planning Board will ask Town Counsel about including “attic” in the Zoning Bylaw definitions.  There was discussion of measurements using exterior and interior walls.  

Kahn moved to adopt the November 13, 2010 as a working version of Gross Floor Area with amendments.  Gray seconded.  The motion carried 4-2.  

Planning Board considered the Standards and Criteria revision of November 3, 2010 4 proposed by Gerald Parent.  Gray moved to approve the amended version of Criteria #1.  Franklin seconded, and the motion carried 6-0.  

Parent recommended a standard “Standards and Criteria” for all Special Permits, whether it is in the Seashore District or issued by the Zoning Board of Appeals or the Planning Board.
Gray moved to approve use of a revised #2 criteria to replace the existing #2 Criteria.  Draz seconded, and the motion carried 6-0.  

Scenic Roads
Barbara Gray’s 2010 suggestions for scenic roads5 were discussed. Parent moved to forward Old Wharf Road and Cannon Hill Road to Annual Town Meeting for acceptance as scenic roads.  Draz seconded.  The motion did not carry 3-3.

Mail
The Coastal and Estuarine Land Conservation Program Survey of November 8, 20106 was in the mail for Planning Board comments.  
Other Business
Draz said the Annual Town Report is due December 13, 2010.  He asked PB members to send any suggestions for material to be included in the report.  

Next Meeting
The agenda for the December 15, 2010 meeting includes: Discontinuance of Public Roads, Affordable Housing Bylaw, Franchise Businesses, Mail, Minutes and Other Business.  

Parent recused himself and left the meeting when a discussion began on an individual’s efforts to pursue discontinuance of a road abutting the Great Woods Field cluster subdivision.  

Adjournment
The meeting was adjourned by consensus at 10:10 p.m.  


____________________________    ____________________________
Mary Rogers, Committee Secretary        Griswold Draz, Chair    


Planning Board approved these minutes at the meeting held 12/15/10.


Public Record Material from Planning Board meeting of 12/01/2010
1.) November 23, 2010 Draft of 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet
2.) Attorney General’s Memo of November 7, 2001
3.) Gross Floor Area version of 11/13/10
4.) Criteria #1 Amendment of 11/3/10
5.) Scenic Road Suggestions 2010
6.) Letter dated November 8, 2010 regarding planned Request for Responses for Coastal and Estuarine Land Conservation Program