Wellfleet Planning Board
Minutes of Meeting on Wednesday, January 19, 2011
Senior Center Conference 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
Chair Gooz Draz called the meeting to order at 7:00 p.m.
Minutes of 1/5/11
Reinhart moved to approve the minutes of January 5, 2011. Gray seconded, and the motion carried 6-0.
Legal Notice for Bylaws Amendments
Rex Peterson had prepared the bylaw proposals as a legal notice* for Town Meeting Warrant Articles. Fast Food & Restaurants as Article V was the first bylaw to be considered.
Gray moved to add “or as a franchise” in the Restaurant, Formula definition for Article V. Reinhart seconded. Parent recommended that this be submitted to Town Counsel for approval. The motion carried 7-0.
Draz moved to submit Article V (Fast Food & Restaurants) to the Selectmen for inclusion as a Warrant Article for Town Meeting. Gray seconded. The motion carried 7-0.
Formula Businesses appears as Article VI in the legal notice. Town Counsel had suggested revisions for style. Gray suggested adding a clause stating that the Special Permit was subject to Rules & Regulations. Gray also stated that all formula businesses are not franchises; some are not run out of buildings. Pickard said the bylaw did not allow franchise businesses in the Central District.
Parent disclosed that he owns properties in the Central District.
Discussion of allowing franchise businesses in the Central District continued.
Draz moved to amend the bylaw Use Chart 5.3.2 to have formula businesses in the Central District as an allowed use by Special Permit. Pickard seconded. Gray spoke strongly against making this change. The motion to change the use chart carried 4-3.
Pickard moved to submit Article VI (Formula Businesses) to the Selectmen for inclusion as a Warrant Article. Reinhart seconded. The motion carried 7-0.
Gross Floor Area is presented as Article I for the Warrant. Draz suggested changes to the 5.4.3.2 chart for Maximum Gross Floor Area Allowed By-right in the R1 and R2 Districts. The 1 acre references are to be 3/4 acre.
Draz moved to accept the acreage changes in 5.4.3.2. Gray seconded. The motion carried 7-0.
Draz moved to submit Article I (Gross Floor Area) to the Selectmen for inclusion as a Warrant Article. Gray seconded. The motion carried 7-0.
Planning Board considered asking Town Counsel for advice about keeping the Floor Area definition along with Gross Floor Area in Zoning Bylaw definitions or adding in parentheses “for Special Permit’ to the Gross Floor Area definition. Neither idea was endorsed.
Revision to Seashore District for Gross Floor Area appears as Article II. Draz moved to correct a punctuation symbol in the chart. Reinhart seconded, and the motion carried 7-0.
Draz moved to submit Article II (Seashore District Gross Floor Area) to the Selectmen for inclusion as a Warrant Article. Reinhart seconded. The motion carried 5-2.
Because of a procedural misunderstanding, Parent moved to reconsider the vote that Article I be submitted to the Selectmen. Gray seconded. The motion carried 7-0.
Draz moved to submit Article I (Gross Floor Area) to the Selectmen for inclusion as a Warrant Article. Gray seconded. This time, the motion carried 5-2.
Gray moved to submit Article III Standards & Criteria to the Selectmen for inclusion as a Warrant Article. Kahn seconded. The motion carried 6-1.
Affordable Housing appears as Article IV in the Warrant. Reinhart moved to change 6.28.5 insert the word “apply.” Pickard seconded and the motion carried 7-0.
Gray moved to change 6.28.7 Affordable Dwelling Restrictions by inserting “and shall hereafter be sold only.” Reinhart seconded. The motion carried 7-0.
Town Counsel had a question on Clause E of 6.28.7 which the Board discussed. Housing Authority representatives will be able to explain the household size at Town Meeting. Planning Board discussed sale of Affordable Housing deed restrictions.
Pickard moved to insert “for an Affordable Housing use” in 6.28.8 Gray seconded, and the motion carried 7-0.
The Board considered Town Counsel’s suggestion to add a Use Table for the Article. Parent moved to include an Affordable Housing Use in the 5.3.1 Residential Use Table as “Dwelling, Affordable.” Gray seconded. The motion carried 7-0.
The Board discussed which districts should have allowable Affordable Housing. Draz cited a negative Seashore opinion of a 2008 Affordable Accessory Dwelling Unit (AADU) request within the NPS District.
Draz moved to place Affordable Housing in the use table in all districts but the NPS District as by Special Permit. Gray seconded. The motion carried 6-1.
Pickard moved to submit Article IV (Affordable Housing) to the Selectmen as a Warrant Article. Kahn seconded, and the motion carried 7-0.
Rex Peterson distributed a communication from Paul Ruchinskas of the Cape Cod Commission for discussion at another meeting.
Scenic Road Vote Reconsidered
Gray moved to reconsider the vote on including Canon Hill Road and Old Wharf Road as scenic roads. Reinhart seconded. The motion to reconsider the vote carried 4-3.
Gray moved to recommend Canon Hill Road and Old Wharf Road for designation as scenic roads. Reinhart seconded. The motion did not carry 3-4.
Next Meeting
Agenda for the February 2, 2011 meeting includes: Warrant Articles, Economic Development Committee Discussion, ZBL Definition of Drive-In Restaurant, Names on Meeting Votes, Cutting of Timber, Scenic Road Vote Reconsideration,
Adjournment
Franklin moved to adjourn. Kahn seconded, and the motion carried 7-0.
The meeting was adjourned at 10:05 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 2/2/11.
Public Record Material from Planning Board meeting of 1/19/2011
Legal Notice for proposed amendments to the zoning bylaws
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