Wellfleet Planning Board
Minutes of Meeting on Wednesday, March 2, 2011
Senior Center Great 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
Chair Griswold Draz opened the public hearing at 7:02 p.m. He noted that the Legal Notice1 had been posted in accordance to Mass General Law. Draz said he would explain each proposed Article and then open up the discussion for public comment.
Gross Floor Area
Draz explained the intent of Article I for Gross Floor Area (GFA) and reviewed the three parts of the Article: definition, use table and the Gross Floor Area Special Permits. He displayed a scatter chart which depicts house sizes and lots in Wellfleet.
Audience expressed concerns about: GFA calculations, non-residential structures, a non-residential cap, ages of structures on the scatter chart and present day use of houses. Janet Reinhart gave statistics on house sizes in the past 20 years. Further audience comments considered: preserving the character of the Town, preserving the quality of life in neighborhoods, creating a burden for home owners, the strength of the present bylaw, the process of changing bylaws, size percentages according to GFA, the intent of the Article, change in present day century housing, subjectivity in the bylaw, large homes on small lots; the effect of changes to the bylaw, “market-ability” in Wellfleet, future energy costs influencing building size, and the reasons for changing to calculation by Gross Floor
Area. Gerald Parent gave some history on Planning Board member’s agreement on size limitations and on diversity on homes in Wellfleet. Theodore Franklin said the intent of PB was to improve the bylaw. Alfred Pickard, of the Planning Board minority, explained his opposition to the proposed bylaw.
Draz read into record letters from Mark Slivka on behalf of Home Builders Association, and he noted letters from Richard LaPosta and Karen Kaminski, and Jill and Lewis Landsberg. 2
Gray moved to recommend Article I (Gross Floor Area). Reinhart seconded, and the motion carried 5-2.
Gross Floor Area and Standards & Criteria in Seashore District
Draz explained that Articles II and III directed at the National Seashore District would go forward at Town Meeting if Article I passed. He read into record a February 24, 2011 letter from George Price, Superintendent of the Cape Cod National Seashore. 3
Gray moved to recommend Article II and III. Reinhart seconded, and the motion carried 6-1.
Fast Food & Formula Restaurants and Formula Business
Draz read the Purpose Statement for Article IV, the Fast Food & Formula Restaurant Prohibition and explained Article V on Formula Businesses. He read into record the letters from Jackie Fouse, Brent Harold, Sudan Jhirad, and Janet Morrissey.
Audience members voiced concerns about: the definitions and the Use Table for Fast Food and Formula Restaurants; gas stations, about replacement of existing formula businesses; a more pro local business approach; the intent of the bylaw; prohibiting formula businesses in the Central District; and the legality of the bylaw. Draz mentioned the York, Maine’s unchallenged bylaw prohibiting fast food. In the course of the discussion, Sandi Rotberg, Theresa Parker, Moe Barocas, Tom Reinhart, Yvonne Barocas, and Jan Morrissey stated their support for the bylaw controls on fast food and formula restaurants.
Reinhart moved to recommend Article IV. Gray seconded, and the motion carried 7-0.
Formula Business Special Permit
Draz moved to recommend Article V for Formula Business with the removal of the words “as a use allowed by Special Permit in the Central District” from the definition. Gray seconded. Parent pondered the direction of businesses in the Central District. The motion to recommend Article V carried 6-0-1.
Affordable Housing (Article VI)
The Wellfleet Housing Authority has worked with Planning Board and Rex Peterson to develop the Affordable Housing Article for the Town Meeting Warrant. Elaine McIlroy of the Housing Authority came forward to explain the Article. She highlighted the need for Affordable Housing in Wellfleet and gave the dimensional requirements for creating Affordable Housing. McIlroy explained the State requirements for Affordable Housing. In this bylaw proposal, Planning Board becomes the Special Permit granting authority. Parent discussed the road and set-back requirements that could be modified for Affordable Housing.
From the floor, Bruce Bierhans discussed inconsistencies and problems that he perceived in the leeway Planning Board would be able to make. Parent and Pickard addressed size of lots and divisions of lots. Discussion followed on: the numbers of lots that could support Affordable Housing, interest in creating Affordable Housing on the part of property owners, conversion of cottage colonies into Affordable Housing; income eligibility for family members to qualify for an Affordable Housing Unit and in-law apartments.
Selectmen Dale Donovan noted the time spent on the bylaws discussion at this meeting. He suggested that the number of bylaws for consideration at Town Meeting would be overwhelming. He enumerated a number of problems that might be created. He said many questions should be answered before bringing the Affordable Housing bylaw to Town Meeting. Elaine McIlroy explained how the Affordable deed restrictions work.
Dennis O’Connell asked if the Affordable Housing bylaw conforms to other bylaw lot definitions. He also asked if the bylaw was GFA based. O’Connell said public safety in the event of waivers had not been included in the bylaw. Parent said only 14 or 15 Affordable units had been created through the existing bylaws, and he spoke in favor of trying to do better through the new bylaw. Tom Reinhart discussed possible set-back waivers and the smaller lot sizes that present environmental concerns. Bruce Bierhans asked why Planning Board would be the Special Permitting.
Draz said there were still suggested revisions from Town Counsel that PB needed to consider. Those changes will be taken under consideration at the next meeting, he said.
Parent moved to continue the hearing on March 16, 2011. Pickard seconded, and the motion carried 7-0.
Photovoltaics (Article VII)
Draz said the purpose of the Photovoltaic Article to get Wellfleet designated as a “Green Community.” Rex Peterson enumerated the lots that would be eligible, but he explained that the designation was the important aspect. Dennis O’Connell asked if an overlay district wouldn’t be a better approach. There was discussion of restricting photovoltaic arrays to upland acreage. Preston Ribnick spoke strongly against the Article and reviewed the Green Communities controls at the State level. Richard Elkin of the Energy Committee said that there is only one lot which is Town-owned land that is suitable for photovoltaic arrays. Lili Green said she supports solar energy, but she is not in favor of allowing the photovoltaic array without any local review process. Richard Elkin
expanded upon the four other criteria for Green Community designation.
Parent moved to continue the hearing discussion on March 16, 2011. Franklin seconded, and the motion carried 7-0.
Signs Not Requiring Permits (Article VIII)
Parent moved to continue the Article VIII hearing discussion on March 16, 2011. Gray seconded, and the motion carried 7-0.
Agenda for Next Meeting
The public hearing will continue on March 16, 2011. Also a new hearing is scheduled for the petitioned article at that meeting.
Adjournment
The meeting was adjourned by consensus at 10:50 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Griswold Draz, Chair
Planning Board approved these minutes at the meeting held 3/16/11.
Public Record Material from Planning Board meeting of 3/2/2011
1.) Legal Notice for Public Hearing
2.) Letters regarding size bylaws
3.) February 23, 2011 letter from George Price, Superintendent of the Cape Cod National Seashore
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