Wellfleet Planning Board
Minutes of Meeting on Wednesday, December 15, 2010
Senior Center Duck Pond Room, 7:00 p.m.
Present: Griswold Draz, Chair; Theodore Franklin, Barbara E. Gray, Olga Kahn, Gerald Parent, Alfred Pickard, Janet Reinhart; Rex Peterson, Assistant Town Administrator
Also Attending: Town Counsel Elizabeth Lane
Chair Gooz Draz called the meeting to order at 7:00 p.m.
ANR #10-06 – Kerber, 80 Herring River Rd.
Gerald Parent disclosed he does business with Alex Hay, whose property is involved in the ANR.
Chester Lay of Slade Associates came forward and explained the proposed ANR #10-06 for Richard and Linda Kerber at 80 Herring River Rd. (Map 8, Parcel 189.1). 1
Pickard moved to endorse ANR #10-06. Parent seconded, and the motion carried 7-0.
Minutes of Dec. 1, 2010
Gray moved to approve the amended minutes of December 1, 2010. Kahn seconded, and the motion carried 6-0.
Formula Business Proposed Bylaw
Janet Reinhart had prepared Wellfleet Formula Business By-laws materials dated December 15, 2010. 2 Town Counsel Elizabeth Lane was present to review the proposal. Planning Board members had questions on the limitations of a formula business bylaw and about pre-existing, non-conforming businesses becoming franchise businesses. Attorney Lane gave background on the Attorney General’s approval of newly formulated franchise business bylaws in other Cape Cod towns. She offered the purposes of zoning bylaws from the Zoning Act. Lane explained use of Special Permit provisions or prohibitions. She said the primary question is how to apply formula business bylaws. A starting point, Lane said, was an inventory of existing formula businesses in Wellfleet. Definition of what constitutes a
formula-based business is an important step, Lane stressed. Next, what is a change in use has to be determined, she said. The character of the town and particular sections of town also need to be evaluated, she explained.
Lane cautioned that the other towns with formula business bylaws could be challenged legally. Lane asked if Wellfleet was considering bylaws for all formula-based business or specifically fast food restaurants. Barbara Gray differentiated between “take-out” restaurants and “fast food” restaurants and suggested that be included in the bylaw. Lane said there was no definition of “fast food” in the bylaw draft.
Franklin suggested setting a high bar for control of formula restaurants but not prohibiting them. Draz spoke in favor of prohibiting fast food restaurants throughout the town. Lane suggested that Wellfleet include in the bylaw the purpose for the prohibition. Lane said that a restaurant that wanted to change its use and become a fast food business could not do so if that was a prohibited use according to a new bylaw.
Lane discussed the new Provincetown formula business bylaw. Lane answered questions on the number of standardized items that create the formula; expansion of existing formula businesses; and special permits. From the floor, Jan Morrissey asked about expansion of businesses.
The Board will continue to work on drafting a formula business bylaw.
Affordable Housing Bylaw
Planning Board members had received the December 15, 2010 draft of zoning bylaw 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet 3 and copies of November 24, 2010 email 4 on the proposal by Paul Ruchinskas of the Cape Cod Commission. The Board, members of the Housing Authority and Attorney Lane reviewed the draft bylaw.
The Board discussed a change to line 2 on “various ages” in 6.28.1 Purpose and annual income percentages in section (b) of Dwelling, Affordable Definitions, both on page 1. In Section D on page 5 Paul Ruchinskas’ suggestion in red had been inserted. There was discussion of Section C on page 2.regarding the minimum lot size of 20,000 square feet for Affordable Dwellings.
Attorney Lane asked if the provisions included multi-family dwellings or just single family dwellings in Section D of 6.28.4 Special Permit Requirements for Affordable Dwellings. Planning Board and the Housing Authority members discussed the bedroom allowances and minimum lot sizes listed.
Planning Board detailed small changes to the bylaw through a page by page review. Rex Peterson will include these and some further suggestions from Attorney Lane in the bylaw revision. Lane’s recommended provisions in the bylaw for penalties if the affordability restriction is violated, questioned intent of clause D on page 4, and suggested replacing “September 1” with “at time of annual renewal of the lease” on page 5. Lane suggested that a written lease be filed with the Town
Housing Authority had questions about tenants who are family members and tenants by lottery. One member of the audience related experiences with Affordable House in Dennis, and another recommended that strict restrictions be enforced. Lane said she will provide clarifications for some of the questions on tenants for Affordable Housing and Fair Housing laws.
Road Discontinuance Procedures
Gerald Parent recused himself and left the meeting when it was determined that discussion of a particular road abutting the Great Woods Field subdivision was the subject road to be discussed..
Ronald Martin had sent a letter to the Planning Board that had not yet been distributed to the Board. Draz asked Attorney Lane to explain the Approval Not Required (ANR) endorsement by the Planning Board. Interpretation of frontage on a public way is determined by the Building Inspector, Lane said. From the floor, Michael Ford discussed the ANR and the public way. Draz recommended that Mr. Ford and Mr. Martin pursue road discontinuance through the Building Department and ZBA. Attorney Lane directed them to Chapter 82 of Massachusetts General Laws.
Other Business
From the floor, Aylette Jenness recommended that Gerald Parent recuse himself from Planning Board participation on Formula Business Bylaws.
Janet Reinhart had volunteered to be Planning Board representative to the Housing Partnership, but she said the Partnership had requested a formal vote from Planning Board.
Draz moved to make Janet Reinhart the representative to the Housing Partnership. Franklin seconded and the motion carried 6-0.
Draz said he would submit Steve Durkee’s Affordable Housing bylaw proposal for inclusion in the Planning Board packet for the next meeting.
Next Meeting
Agenda for the January 5, 2011 meeting includes: Formula Business Bylaws, Steve Durkee’s Housing Proposal, Affordable Housing Draft Bylaw, and Scenic Roads.
Adjournment
Franklin moved to adjourn. Gray seconded, and the motion carried 7-0.
The meeting was adjourned at 10:10 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 1/5/11.
Public Record Material from Planning Board meeting of 12/15/2010
1.) ANR #10-06 is on permanent file in the Planning Board Subdivision files
2.) Wellfleet Formula Business By-laws materials dated December 15, 2010
3.) December 15, 2010 draft of zoning bylaw 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet
4.) November 24, 2010 email by Paul Ruchinskas
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