Wellfleet Planning Board
Minutes of Meeting on Wednesday, January 4, 2012
Senior Center Conference Room, 7:00 p.m.
Present: Janet Reinhart, Chair; Barbara E. Gray, Janet Morrissey, Gerald Parent; Timothy King, Assistant Town Administrator: Assistant Building Inspector Sibel Asantugrul
Regrets: Eric Larsen, Theodore Franklin, Alfred Pickard
Chair Janet Reinhart called the meeting to order at 7:00 p.m.
Minutes of 12/7/11
Gray moved to approve the corrected minutes of December 7, 2011. Parent seconded, and the motion carried 4-0.
Small Lots & Non-conformities
Janet Morrissey disclosed that she lives in a con-conforming house
on a non-conforming lot.
Janet Reinhart reviewed history of non-conformity zoning bylaws. Gerald Parent expanded on the early bylaws allowing special permits for non-conforming structures. He explained the roles of the Building Inspector and the Zoning Board of Appeals. Reinhart sought Planning Board consensus of the members present to see if they agreed that the existing bylaws were sufficient or needed revision.
Gerald Parent commented that the non-conformity bylaw work* had gone forward without input from Planning Board. Names and date should be on submissions of material for PB agenda, he and Janet Reinhart noted. Parent was concerned that Town Counsel had reviewed the proposed bylaw changes before Planning Board had considered the revision. Janet Reinhart explained how Sibel Asantugrul had prepared the material at Town Administrator Paul Sieloff’s request. Reinhart pointed out changes that could be implemented.
Barbara Gray stressed the importance of neighborhood compatibility in considering issuance of special permits. She contrasted changes that could be handled by the Building Inspector and what was a tear down or large percentage change that requires a special permit.
Parent cautioned about the discretionary decisions on “compatibility.” He said that lot coverage of 15% is excessive in some cases, but the majority of renovations have not abused zoning allowances and are not detrimental to their neighborhoods. He mentioned the many factors that go into ZBA decisions.
Tim King said that the special permit process gives neighbors an opportunity to have their concerns heard. Parent commented on the influence of abutters who appeal decisions on special permits. He said PB needs to consider the value to Town coupled with foresight of taking the Town in a certain direction.
Parent brought up the issue of “mansionization” and very large houses. Reinhart distinguished between tasteful “mansionization” and the over done “McMansionization.”
Janet Morrissey related her positive experience with obtaining a special permit, but she expressed her concern about crowding on small lots. She raised questions about the percentage method for determining increase of size.
Sibel Asantugrul explained that the issue of non-conformities had been raised by the Town Administrator based on the Bjorklund v. the Town of Norwell case. He asked Asantugrul to make bylaw revisions which, she said, she had tried to keep allowances generous enough so that smaller alterations would not require special permitting. Parent said it is not the Town Administrator’s job to direct the Planning Board on what bylaws to write. He said no Building Inspector or Zoning Board of Appeals had ever approached bylaws in this assertive manner.
Tim King said that Town Counsel had addressed some of the non-conformity issues in the past. Parent said that Planning Board had previously not accepted the suggestions made by Town Counsel on 6.1.5.1 on nonconforming structures on conforming lots. King read a list of suggested changes from Town Counsel regarding section 6.1.5.
Barbara Gray said the Wellfleet zoning bylaws on non-conformities should be compared with some other towns and that PB should make changes. She said the Board should remain objective.
Parent commented that compared to other towns, Wellfleet stacks up very well against those which opened up zoning and have allowed very large houses. Therefore, Planning Boards in the past have done something correctly, he said.
On the whole, the view of Wellfleet from the sea is not overwhelmingly large houses now, Reinhart said, but need some consideration.
Reinhart asked about use of percentages to determine referrals to the ZBA. Gray spoke in favor of decisions based on location. Parent said that massing counts. Continuing the line of site on first floor but reducing it on the second floor cuts massing, Parent said.
Asantugrul asked about the zoning bylaw use of three separate sections for the three kinds of non-conformities. Reinhart asked about different percentages for each type of non-conforming situation.
Asantugrul mentioned that the numbering system for the 6.1.5 section of the zoning bylaws would be changed with an acceptance of three sub-sections on non-conformities.
Comprehensive Plan
Barbara Gray said that there was a group interested in updating the Comprehensive Plan and that anyone on Planning Board is welcome to join.
Ethics Class
An ethics class is being offered in Eastham on January 10, 2012. New members of the Planning Board are encouraged to attend.
Remote Participation in Meetings
At the request of the Board of Selectmen, Planning Board members discussed the possibility of remote participation in meetings.
Parent moved against allowing remote participation. Morrissey seconded, and the motion to not allow remote participation at meetings carried 4-0.
Seminar
Town Counsel Elizabeth Lane will offer Planning Board members a seminar or writing zoning bylaws. Reinhart asked what members were interested in attending so that she could make arrangements for two sessions.
Mail
Jan Morrissey reviewed procedure for the mail and said she had made a list of the items in the mail, available to interested PB members.
Agenda for Next Meeting
The agenda for the next meeting will include: Non-Conformities, Accessory Buildings & Sheds, Cutting of Timber and Training Seminar with Town Counsel.
Adjournment
Gray moved to adjourn. Morrissey seconded, and the motion carried 4-0. The meeting was adjourned at 9:20 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Janet Reinhart, Chair
________________________ Date
Planning Board approved these minutes at the meeting held 1/18/12.
Public Records Material from 1/4/12
* Non-conformities worksheets
| 