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Planning Board Minutes 03/16/2011
Wellfleet Planning Board
Minutes of Meeting on Wednesday, March 16, 2011
Senior Center Long Pond Room, 7:00 p.m.

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

Vice-Chair Janet Reinhart called the meeting to order at 7:00 p.m.

Minutes of 2/16/11 and 3/2/11
Franklin moved to approve the corrected minutes of February 16, 2011.  Kahn seconded, and the motion carried 5-0.   

Parent moved to approve the amended minutes of March 15, 2011.  Kahn seconded, and the motion carried 5-0.  

Recommendation on Sale of Town-owned Lots for TM Warrant
At the BOS meeting of March 15, 2011, the Selectmen had removed several lots from the list of Town-owned lots for sale.  
Kahn moved to table the decision on the lots.  Gray seconded, and the motion carried 6-0.  

Petitioned Article Public Hearing
Ben Zehnder explained the petitioned Article for Accessory Dwelling Units.1  He said it was very similar to Eastham’s bylaw.  It is his hope that the bylaw will create affordable housing stock, Zehnder said.  Planning Board discussed concerns about the proposal with Mr. Zehnder.  The Board and audience members considered the effect this bylaw would have on Affordable Accessory Dwelling Units.  Affordable Housing Co-Chair Elaine McIlroy addressed opportunities to increase Affordable Housing but expressed reservations about the petitioned Article undermining the Affordable Housing bylaw proposal.  

Franklin moved to recommend the Petitioned Article on the Annual Town Meeting Warrant.  Parent seconded, and the motion carried 3-2-1.

Scenic Road Tree List
DPW Assistant Director Paul Lindberg presented a list of fourteen trees 2 that needed to be removed from scenic roads.  He had added the priority designation for each tree.  

Franklin moved to approve the DPW request for the removal of the listed trees.  Gray seconded, and the motion carried 7-0.    

Hearing (Cont. from 3/2/11)
Affordable Housing
Town Counsel had made suggested revisions3  to the Affordable Housing bylaw that the Board needed to consider.  Affordable Housing Co-Chairs Elaine McIlroy and Elaine LaChapelle explained the advantages of the proposed Affordable Housing bylaw.   Elaine McIlroy reported on the last draft changes.  Part F of Section 6.28.7 had a change that PB discussed with the Housing Authority Chairs.  Ted Franklin spoke about getting the bylaw proposal further solidified.  Janet Reinhart said she wanted have the current guidelines included.  

Parent moved to change from ten (10) feet to fifteen (15) feet, the last words of 6.28.6 C:
The Planning Board may, in its sole discretion, reduce the front, side or rear yard setback requirements of Section 5.4.2, provided however, that said setbacks shall be no less than ten (10) feet.   
Pickard seconded.  There was discussion of this in relation to 6.28.8 Nonconforming Lots.  The Board also considered what sidelines should be considered.  
The motion to change the 6.28.6 C setback requirement to 15 feet did not carry 3-3.  

Parent moved to make changes the in 6.28.7 F.  Kahn seconded, and the motion carried 6-0.

Parent moved to insert the language for 6.28.7 A:
The Restriction shall provide that units made available for ownership shall be made available to households earning at or below eighty percent (80%) of the Barnstable County median income (BCMI), adjusted for household size.

The initial sales price of such units shall be calculated on the basis of what a household at seventy percent (70%) of the BCMI could afford to pay (assume a household size of one more than the number of bedrooms in the unit). In determining this amount:

1) no more than thirty percent (30%) of the household’s gross income may be allocated to housing costs (mortgage principal and interest, real estate taxes, house and private mortgage insurance, and any homeowners’ association or condominium fees);
2) current interest rates offered for thirty (30) year, no point fixed rate loans with down payments of 5% of total cost shall be applied; and
3) current real estate taxes for the Town of Wellfleet shall be used.
and the language for Part  6.28.7 E.
Pickard seconded, and the motion carried 6-0.  

Parent moved to accept definition “Dwelling, Affordable” changes. Pickard seconded, and the motion carried 6-0.

Parent moved that the bylaw 6.28 Provisions to Encourage the Development of Affordable Dwellings in Wellfleet with the changes in place be recommended for Town Meeting.  Pickard seconded.  The Board discussed Section 6.28.8 Non-Conforming Lots and the possibility of amendment at Town Meeting or elimination of Section 6.28.8.

Parent amended his motion to recommend the bylaw with the removal of Section 6.28.8 Nonconforming Lots.  Pickard amended his second.  The motion to recommend the Article carried 5-0-1.  

Directional Signs
The Board of Selectmen had taken a different approach for the Directional Signs Article, and it no longer appears on the Warrant.  

Photovoltaics  
The Selectmen did not want to proceed with the Photovoltaic Warrant Article for Annual Town Meeting. Gray moved to withdraw the Article.  Franklin seconded, and the motion carried 6-0.

Town Counsel Comments on Gross Floor Area
Town Counsel had made changes to language for the Gross Floor Area (GFA) bylaw and had included the Commercial use for R1 and R2 for GFA consideration.
Gray moved to hold a new public hearing for the Article because of the Commercial use change.  Franklin seconded.  
Franklin rescinded his second.  

PB will leave 15% lot coverage in R1 and R2 in the use table with a footnote says “except for residential uses.”  

Parent moved to amend the Article with the 15% lot coverage in place for the R1 and R2 with a footnote.  Kahn seconded, and the motion carried 6-0.

Agenda for Next Meeting
Agenda for the April 6, 2011 meeting includes: Preliminary Subdivision #11-01, an update on Warrant Articles, recommendation on the Town-owned parcels for sale, and Olga Kahn’s Question & Answer sheet for the Affordable Housing bylaw.

Adjournment
The meeting was adjourned by consensus at 10:12 p.m.  
____________________________    ____________________________
Mary Rogers, Committee Secretary        Janet Reinhart, Vice-Chair      

                                        

Planning Board approved these minutes at the meeting held 4/6/11.

Public Record Material from Planning Board meeting of 3/15/2011
1.) Petitioned Article for Accessory Dwelling Units
2.) Scenic Roads Tree List
3.) Affordable Housing Bylaw with Town Counsel’s comments