Wellfleet Planning Board
Minutes of Meeting on Wednesday, March 7, 2012
Senior Center Duck Pond Room, 7:00 p.m.
Present: Janet Reinhart, Chair; Theodore Franklin, Barbara E. Gray, Eric Larsen, Janet Morrissey, Gerald Parent, Alfred Pickard
Also Attending: Assistant Town Administrator Timothy King
Chair Janet Reinhart opened the first public hearing at 7:04 p.m.
Public Hearing: Photovoltaic Bylaw
Chair Janet read the proposed photovoltaic bylaw1 that had been advertised. The Board introduced themselves, and Marcus Springer came forward to explain the bylaw. Mr. Springer explained that the photovoltaic bylaw was one of five pieces that needed to be enacted in order to become a Green Community. He said the photovoltaic array could be placed on the capped landfill. The Planning Board asked Mr. Springer about the footnote, the definition, the Green Communities Act as a whole, designation of the installations as structures, and the size of the capped landfill.
From the floor, Dennis O’Connell asked about sponsorship of the bylaw. He was concerned about deficiencies in the bylaw regarding setbacks, site plan review and removal. He said there should be more detailed procedure included in the bylaw. Site Plan Review by the Planning Board is not something included in Wellfleet’s Zoning Bylaw, he said. He was concerned about setbacks for the C2 Zone. Lighting, signing, utility connections, land clearing, and abandonment were other issues that other towns have included these in their bylaws, he said.
Barbara Gray said other controls can be put on structures even if they are allowed “by right.” She asked if the Energy Committee could amend the bylaw to include some of the concerns which Dennis O’Connell had raised. Setbacks, lights, emergency protocols are covered by the bylaws, according to Marcus Springer. Mr. Springer said the Wellfleet bylaw was similar to Truro’s, Provincetown’s and Bourne’s photovoltaic bylaws. Gerald Parent said “by right” bylaws are very limited in the Town of Wellfleet and expanded on bylaw allowances in Wellfleet’s Zoning Bylaws. Ted Franklin said that even though the bylaw was loose, he didn’t have issues with it. Janet Morrissey was concerned about the lack of Site Plan Review bylaws in Wellfleet ZBL. Dennis O’Connell said without Site Plan Review there are no controls.
Janet Reinhart discussed the limited opportunities for locating the photovoltaic array systems and who would be constructing them. Mr. Springer offered suggestions for the construction possibilities. From the floor, Richard Elkin of the Energy Committee addressed the issue of location on Town-owned land. He explained that putting the zoning bylaw into effect was the only purpose at this time. There is no proposal to construct such a project.
There was further discussion of: Site Plan Review, C2 District Objectives, and the designation and definition of “light industrial.” Barbara Gray said it would be advisable to include setbacks in the bylaw. She asked about bonds for removal of the arrays and about getting State money. Gray requested from the Energy Committee a list of grants they hoped to receive.
O’Connell reiterated that he needed to know what to expect. He said a good set of standards was necessary before presenting the photovoltaic array bylaw. Parent discussed discrepancies in the light industry and C2 District bylaws and the proposed photovoltaic array bylaw.
Richard Elkin discussed some of the other parts of the Green Communities Act. Marcus Springer reviewed the other parts: hybrid vehicles for the Town, Stretch Code, energy saving measures and expedited permitting. Reinhart described the bylaw as a first step for the Green Communities Act designation for the Town. From the floor, Peter Stewart urged the Planning Board to support the bylaw.
Janet Morrissey moved to close the public hearing. Gray seconded and the motion carried 7-0.
Franklin moved to recommend placing the Photovoltaic Bylaw Article on the Annual Town Meeting Warrant. Parent seconded. In discussion Gray wanted to add setbacks and more amendments to the Article. Tim King reminded the Board that substantive changes to the bylaw cannot be added without further advertising. Parent grappled with the Site Plan Review provision. Tim King discussed community impact on Town-owned land. Parent suggested adding provisions to the bylaw proposal and having the Energy Committee come back with a revision.
Gray moved to table the issue. Morrissey seconded, and the motion carried 7-0.
Public Hearing: Special Permit Granting Authority Bylaw Amendments
Janet Reinhart explained the wording changes described in the bylaw revisions for the Special Permit Granting Authority (SPGA).
Reinhart announced that the public hearing was open at 8:16 p.m.
Assistant Town Administrator Tim King explained the references to SPGA that appear in the Zoning Bylaws and said that essentially the Article is a housekeeping one.
Parent moved to close the public hearing. Pickard seconded, and the motion carried 7-0. The hearing closed at 8:20 p.m.
Gray moved to recommend the SPGA Article for the Annual Town Meeting Warrant. Parent seconded, and the motion carried 7-0.
The Board took a poll on support for the photovoltaic array bylaw. Franklin was in favor in principle but would like to see more specificity, Gray was for it, Reinhart was in favor but desired more clarifications and criteria that could be made as amendments at Town Meeting, Parent was in favor but wanted more clarification, Morrissey was in favor, Pickard said it was a good idea but wanted more language on removal, and Larsen liked the idea but wanted the grey areas clarified.
ANR #12-03 – HDYLTA Realty Trust, Tidal Flats
Parent and Pickard recused themselves from the meeting, and Janet Morrissey disclosed that she lived near the area under discussion.
Donald Poole of Outermost Land Survey, Inc. presented the proposed ANR for HDYLTA Realty Trust. He explained the history of the flats which had been purchased by a group of shellfishermen who now wish to separate the tidal land into separate lots. Tim King reviewed Approval Not Required (ANR) laws and asked how Mr. Poole considered the plan an ANR.
From the floor Dennis O’Connell asked about the original owner of the property and suggested doing a re-subdivision instead of an ANR. Helen Miranda Wilson said she was not present as a member of the Shellfish Advisory Committee, but she was a former member of the Planning Board with knowledge of ANR’s. She said the Board had to know the owner of record. She said the plan could be submitted as a subdivision.
Mr. Poole said there were forty grants on the one lot. Ms. Wilson believed it was around twenty grants, but that it was still under single ownership.
Mr. Poole requested waiving the time lines for 21 days and grant a continuance of the case, but the Planning Board said it could not give the continuance. The Board cannot ask for an extension, Dennis O’Connell, said, but the request from Mr. Poole could be accepted.
Mr. Poole asked what difference would there be if the grant owners continued to lease grants instead of owning them.
Gray moved to deny endorsement of the ANR. Morrissey seconded. The Board considered it as a subdivision instead of an ANR. Mr. Poole asked to waive refiling fees if he comes back.
Reinhart read a statement explaining the Planning Board denial:
Every lot within the subdivision does not have frontage on a public way or a way which the clerk of the town certifies is maintained and used as a public way; or on a way shown on a plan theretofore approved and endorsed in accordance with the subdivision control law; or on a way in existence when the subdivision control law became effective in the town, sufficient with suitable grades and adequate construction to provide the needs of vehicular traffic.
Morrissey moved to amend the motion to include the statement of reasons for denial. Franklin seconded the amendment. The motion to amend carried 4-0-1.
The motion to deny the endorsement as amended carried 4-0-1.
Tim King said he would get an opinion from Town Counsel about resubmitting the plan.
Pickard and Parent rejoined the meeting.
Open Space Request
All Town boards and committees had been asked to comment on the transfer of stewardship of Hamblen Park from the Board of Selectmen to the Conservation Commission. Dennis O’Connell explained the purpose of having Conservation Commission administer the land. Parent moved to recommend the transfer of stewardship of Hamblen Park. Pickard seconded, and the motion carried 7-0.
Warrant Articles – Recommendations
Planning Board voted to defer recommendations of Warrant Articles. PB would like to be included in recommendations for Article S, the paving of sidewalks on Bank St. and Commercial St. since roads and sidewalks are part of the Master Plan. They would also like to see the scope of the plan.
Minutes of 2/15/12
Grey moved to approve the amended minutes of February 15, 2012. Morrissey seconded, and the motion carried 5-0.
NSTAR Tree Information
Paul Sellers, Senior Arborist from NSTAR Electric had provided information on locations for tree removal on scenic roads. Planning Board endorsed DPW‘s plan for tree removal and trimming. There was a discussion of the extra procedural layer for DPW operations.
Adjournment
Larsen moved to adjourn. Pickard seconded, and the motion carried 7-0. The meeting was adjourned at 9:46 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Janet Reinhart, Chair
Planning Board approved these minutes at the meeting held 3/21/12.
Public Records Material of 3/7/12
1.) Photovoltaic bylaw notice of public hearing
2.) SPGA bylaw revision notice of public hearing
3.) ANR #12-03 is on file in the PB permanent records
4.) Memo of 2/21/12 from Open Space Committee
5.) NSTAR memo of 2/28/12 on tree trimming from Paul Sellers
6.) Planning Board Mail Log of 3/7/12 from Janet V. Morrissey
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