Wellfleet Planning Board
Minutes of Meeting on Wednesday, February 2, 2011
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: Economic Development Committee Members: Paul Pilcher, Alex Hay, Jim Lotti, David Rheault, Sam Bradford
Chair Gooz Draz called the meeting to order at 7:00 p.m.
Discussion with Economic Development Committee
Paul Pilcher, Chair of the Economic Development Committee, introduced his committee and expressed their desire to begin a dialogue and work with the Planning Board on a number of mutual concerns. Revitalization of Downtown Wellfleet, a spring event, the Formula Business bylaw, encouraging new small businesses were some of the matters the Economic Development Committee (EDC) enumerated. Barbara Gray spoke about coordinating efforts along the lines recommended in the Local Comprehensive Plan. Paul Pilcher spoke about efforts to extend the season beyond the summer months and promoting Wellfleet as a year-round place to live. There was discussion of the Special Permit process, formula businesses, wastewater planning, and winter jobs. The Economic Development Committee will meet with Planning Board again after Town
Meeting. They also asked for a PB member to join the EDC on planning the Spring Workshop on helping small businesses start up. Alfred Pickard volunteered to serve.
Gooz Draz summarized the Annual Town Meeting Warrant Articles of bylaw revisions for the benefit of the EDC. The public hearing for the Articles will be held on March 2, 2011.
Minutes of January 19, 2011
Gray moved to approve the minutes of January 19, 2011. Reinhart seconded, and the motion carried 7-0.
Warrant Articles
PB reviewed for approval the Legal Advertisement1 for the Zoning Bylaw Articles that are being prepared for the Annual Town Meeting Warrant.
Article I is for Gross Floor Area in Residential Districts 1 and 2 (R1 and R2). Gray moved to publish Article I in the legal advertisement for the public hearing. Kahn seconded, and the motion carried 5-2.
Article II is for the use of Gross Floor Area in the National Seashore Park District.
Draz moved to publish Article II in the legal advertisement for the public hearing. Gray seconded, and the motion carried 5-2.
Article III applies matching Standards and Criteria for National Seashore Park District Special Permits. There were small revisions to Section 6.42.2.
Franklin moved to publish the Article in the legal ad. Gray seconded, and the motion carried 5-2.
Article IV concerns Prohibition of Fast Food and Formula Restaurants. Reinhart moved to publish the Article in the legal ad. Gray seconded, and the motion carried 7-0.
Article V is the Formula Business bylaw. Allowing formula businesses by Special Permit in the Central District had been brought to Town Counsel’s attention. The Board discussed her answer in an e-mail dated January 20, 2011. 2 Draz recommended that the Use Table specify that formula businesses in the Central District be prohibited. Gray suggested placing at the public hearing both the option to allow and the option to prohibit formula businesses in the Central District.
Parent moved to take out the Use Schedule for the publicized Article and insert that the PB will conduct a hearing to regulate whether to allow by Special Permit formula businesses in the Commercial District; to require by Special Permit or prohibit formula business in the Central District; and to prohibit formula businesses in all other districts. Gray seconded. The motion carried 7-0.
Article VI includes a Use Table and provisions to encourage the development of Affordable Dwellings in Wellfleet. There were suggested revisions to Section 6.28.7. Draz moved to accept the change in language to Section 6.28.7. Kahn seconded and the motion carried 6-1.
In the second paragraph of Section 6.28.7- part A, there were revisions which Pickard moved. Kahn seconded, and the motion carried 6-1.
In an e-mail message3 Cape Cod Commission’s Paul Ruchinskas had recommended an 80% rather than 70% income eligibility threshold.
Olga Kahn had submitted a revision of the Affordable Housing Bylaw4 which she explained. She was attempting to simplify the language, she said. Planning Board considered the suggested revisions for each section.
Draz moved to approve the Section 6.28.2 Definitions changes with reference to Section 6.28.7 for the “Dwelling, Affordable” definition. Gray seconded, and the motion carried 7-0.
In Section 6.28.3 Authority the final words in Kahn’s draft were struck.
In Section 6.28.4 Special Permit Requirements for Affordable Dwellings- part A (1) the words “equals or” had been inserted so that it reads “equals or exceeds 25%”. Draz moved to insert the words equals or. Gray seconded, and the motion carried 7-0.
Affordable Dwelling Restrictions 6.28.7-part A was rewritten for clarity and stated “households.” However, “household” is not in the definitions. Draz moved to accept the revision of Section 6.28.7-part A. Reinhart seconded. Elaine LaChapelle of the Housing Authority spoke against too much revision of the language. The motion to revise carried 7-0.
Kahn’s draft had replaced Section 6.28.7-part C with a new part C. Gray moved to accept the new Section 6.28.7-part C and eliminate the original 6.28.7part- C. Franklin seconded, and the motion carried 7-0.
A final sentence of Section 6.28.7-part C had been struck in the revision. Gray moved to eliminate the sentence. Franklin seconded, and the motion carried 7-0.
Section 6.28.7-part D had revisions in the order of information and in language. The first sentence of the revision of 6.28.7part- D was deemed unnecessary. The second sentence had been revised, but PB preferred the original version.
Section 6.28.7 part-E dealt with rentals. Kahn distributed a chart of 2010 Fair Market Rent (FMR).5 Draz moved to accept the first changes to Section 6.28.7-part E. Franklin seconded, and the motion carried 7-0.
The next part of 6.28.7-part E dealt with covering costs of heat but not other utilities. Peterson recommended taking out the clause. Draz moved to remove the clause. Gray seconded, and the motion carried 7-0.
The last material in Section 6.28.7 -part E concerned maximum rents. Reinhart said there were HUD guidelines that spell out the rents. Elaine LaChapelle said the DHCD guidelines were standard. Draz moved to accept the final sentence. Pickard seconded, and the motion carried 7-0.
Section 6.28.7-part F of had been struck in Kahn’s draft. Pickard moved to approve the removal of part F. Reinhart seconded, and the motion carried 7-0.
Nonconforming Lots 6.28.8 had been entirely struck from the Article in Kahn’s draft. Pickard spoke against the removal of the section. Draz spoke about the risk of failure to pass at Town Meeting if it remains in the Article. Members of the Housing Authority expressed their opinions about keeping the section.
Kahn moved to strike Section 6.28.8 but withdrew the motion. Gray seconded and withdrew her second.
Section 6.28.8 Nonconforming Lots will remain for the public hearing.
A new Section 6.28.8 Procedure (now Section 6.28.9) had been added to the Article. Pickard moved to accept the section as Section 6.28.9 minus the Penalty clause. Draz seconded, and the motion carried 7-0.
Parent moved that the Penalty clause of Section 6.28.9 be moved to Section 6.28.7 –part G. with the addition of the word sale so that it reads, “leasing, rental, or sale.” Franklin seconded, and the motion carried 7-0.
Photovoltaics (Article VII)
Rex Peterson explained how the Photovoltaic Article VII would help Wellfleet become a “Green Community.” From the floor, Peter Stewart asked questions about allowances in other districts. Article VII restricts the large scale 250kW DC to the C2 District. Gray moved to publish Article VII in the legal advertisement. Reinhart seconded, and the motion carried 7-0.
Signs Not Requiring Permits (Article VIII)
Peterson said there are new “Urgent Medical Care” directional signs planned for the Outer Cape Medical Center. Article VIII would make their signs legal.
Gray moved to publish Article VIII in the legal advertisement. Reinhart seconded, and the motion carried 7-0.
Mail
Of note in the mail was a memo from Kopelman & Paige dated January 20, 20116 regarding the siting of solar and wind energy facilities under the State Zoning Act and the Green Communities Act.
Next Meeting
Agenda for the February 16, 2011 meeting includes: Warrant Articles,
Public Hearing Plans, Cutting Timber Report, and Scenic Roads.
Adjournment
Parent moved to adjourn. Kahn seconded, and the meeting was adjourned by consensus at 10:15 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 2/16/11.
Public Record Material from Planning Board meeting of 2/9/2011
1.) Warrant Articles 1-8 as draft Legal Ad (2/2/2011)
2.) E-mail from Town Counsel Elizabeth Lane dated 1/20/2011
3.) E-mail from Paul Ruchinskas dated 1/27/2011
4.) Olga Kahn’s February 2, 2011 revision of Affordable Housing bylaw
5.) 2010 Fair Market Rent chart
6.) Memo from Kopelman & Paige dated January 20, 2011
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