Wellfleet Planning Board
Minutes of Meeting on Wednesday, April 4, 2012
Senior Center Duck Pond Room, 7:00 p.m.
Present: Janet Reinhart, Chair; Barbara E. Gray, Janet Morrissey, Gerald Parent, Alfred Pickard
Regrets: Theodore Franklin, Eric Larsen
Also Attending: Assistant Town Administrator Timothy King
Chair Janet Reinhart opened the public hearing at 7:06 p.m.
Morrissey moved to recess the hearing in order to handle an ANR request first. Gray seconded, and the motion carried 5-0.
ANR #12-05 – Chequessett Yacht & Country Club
Chester Lay of Slade Associates came forward to present ANR #12-05 for the Chequessett Yacht & Country Club at 680 Chequessett Neck Road (Map 19, Parcel 81). He said that Cape Cod Commission (CCC) was involved because the property is over 30 acres. Mr. Lay was asking Planning Board for a mandatory referral to the CCC at this time.
Pickard moved to refer plan #2011-057 to the Cape Cod Commission. Parent seconded, and the motion carried 5-0.
Photovoltaics Public Hearing
Chair Reinhart reopened the public hearing at 7:15 p.m.
She read the advertisement announcement for Article 24, the Photovoltaics Bylaws.
Thomas Reinhart gave background information from the Energy Committee, explaining that getting the photovoltaics bylaw into effect is a step towards designation of Wellfleet as a “Green Community.” Janet Reinhart reviewed Town Counsel’s role in creating the bylaw. She said that there is only one place in town that would support a photovoltaic array, and that is the Town Landfill. Assistant Town Administrator Tim King gave further explanation of Town Counsel’s involvement in the bylaw. Gerald Parent questioned the origins of the bylaw and Town Counsel’s role in introducing the bylaw. Parent said that the bylaw presentation was outside of Planning Board procedure because they had not been involved in creation of the bylaw. Barbara Gray gave legal aspects of the photovoltaics and
other bylaws regulated by the state. She said Wellfleet should determine what a “reasonable” regulation is just as other towns do with churches and schools. Tim King explained procedure for the review and permitting of photovoltaics. He said photovoltaics are “by right.”
Alfred Pickard said that the bylaw had been suggested for last year’s Annual Town Meeting Warrant. The Energy Committee, however, had not come back to Planning Board to work on the bylaw. Pickard said that the Energy Committee should have consulted with the Planning Board. He had reservations about the bylaw because it could be considered “spot zoning” by the Attorney General when it goes there for approval if passed at Town Meeting.
Gerald Parent discussed how a site plan review might work for permitting of a photovoltaic array. Parent commented again on the bylaw process. He said it was more of a Selectmen’s Article since it did not come from Planning Board. Dennis O’Connell gave some background information on procedure that had been followed.
Janet Morrissey said she had looked at several towns that had become Green Communities. She said that the bylaw, as presented, does not yet address all of Wellfleet’s needs. She recommended a thorough Planning Board review of the bylaw before putting it forward. Morrissey cited Provincetown’s provisions for site plan review of solar photovoltaic arrays. Beckett, Massachusetts requires liability coverage by certificate and another town requires approval of the insurance agency, she said.
Parent said there is not sufficient time before Annual Town Meeting to make significant changes in the bylaw as it is now being presented. Tim King said that Planning Board could work on the bylaw for a future Town Meeting while the Energy Committee continued to develop the other parts of the Green Community requirements.
Janet Reinhart discussed how limited possible locations for photovoltaic arrays are in Wellfleet. She said the Article is mainly to advance the Green Community designation.
Morrissey moved to revisit the bylaw at Special Fall Town Meeting. Pickard seconded. Morrissey and Pickard rescinded their motions.
Dennis O’Connell called attention to Planning Board’s need to revise the bylaw carefully, instead of rushing forward with it.
Pickard moved to end the public discussion portion of the hearing. Gray seconded, and the motion carried 5-0.
Planning Board continued discussion of spot zoning. Gray asked if there was any advantage to holding a Special Town Meeting just for the photovoltaic bylaw revision within the Annual Town Meeting on April 23, 2012. Reinhart said her preference would be to continue the bylaw revision until the Fall Special Town Meeting. There was discussion of continuing with the present bylaw proposal and amending it at Fall Special Town Meeting.
Parent considered the possibilities of giving “no recommendation” for Article 24 in the oral reporrt at Annual Town Meeting. The public could be informed that amendments could be made to it at another Town Meeting. Dennis O’Connell said another option for Planning Board is to recommend tabling the Article. It could be withdrawn by the Board of Selectmen, he said.
Pickard reviewed the history of the previous year’s attempt to create the photovoltaic bylaw at that time. In a straw vote Barbara Gray attempted to determine the probable outcome of a vote.
Parent moved to not recommend the photovoltaic bylaw, Article 24, at Annual Town Meeting. Pickard seconded. There was discussion of presenting the vote and a recommendation on the floor to continue work on the Article for Fall Town Meeting. The motion carried 4-1.
Reinhart reviewed the presentation for Article 24 that she would make on Town Meeting floor regarding Planning Board’s desire to better protect the Town by a more careful review and revision for the next Town Meeting.
Reinhart moved to close the public hearing. Gray seconded, and the motion carried 5-0. The public hearing closed at 8:10 p.m.
HDYLTA Constructive ANR Approval
Tim King discussed the 21-day limit for an Approval Not Required (ANR) plan endorsement. Janet Morrissey reviewed portions of Town Counsel’s email explanations of constructive approvals and continuances for ANRs. Pickard questioned the Planning Board’s procedure for the HDYLTA ANR. Tim King and Janet Reinhart reviewed the set of circumstances around the ANR. The Board discussed ANR protocols.
Remaining Warrant Article Recommendations
Bathhouses – Article 18
Barbara Gray recused herself from the meeting.
Curt Felix of the Wastewater Committee came forward to explain Warrant Article 18 for bathhouses at Mayo Beach and Baker’s Field. He distributed a plan and written explanation of the proposal.1 Pickard asked about money that had previously been spent on plans for a Mayo Beach bathhouse. Mr. Felix described the nature of the composting toilets, the existing tight tank and Port-a-potties at Baker’s Field, the study of the general area for bathroom needs, the grey water discharge, meeting the Baker’s Trust requirements and costs. He said the Committee is trying to reduce the cost. Mr. Felix said there was anticipation of grant money. The Board discussed needed reviews by Health Conservation and ZBA.
Reinhart moved to recommend Article 18. Morrissey seconded, and the motion carried 4-0.
Sidewalks – Article 17
Tim King answered questions about the sidewalk proposal presented in Article 17. He said the sidewalks would be ADA compliant. Pickard asked about the extent of the sidewalk on Commercial St. Parent discussed changes to the property fronts along the sidewalk route on Commercial St. The Board considered the cost estimate in the Article.
Morrissey moved to recommend Warrant Article 17. Parent seconded. There was more discussion of the need for sidewalks and their width. The motion did not carry 2-0-2.
Pleasant Point Easement – Article 26
Tim King had a series of five plans, one for each property owner involved in the Pleasant Point easement over Town property. The Board studied the site plan of the property2 which Janet Morrissey had provided. Pickard said the Town should hire a consultant to see what the easements are worth to the property owners. Planning Board also discussed the value of the easement to get to the properties over Town-owned land. Reinhart suggested writing a letter to the Town Administrator and Selectmen recommending receiving fair market value for the easements.
Parent moved to recommend granting easements in Article 26 as long as an amendment is made on Town Meeting floor that a certified appraiser be hired to determine the value of the easements and the five parties pay the cost of the appraisal. He suggested that Town Counsel write the amendment with the appropriate legal phrasing. Pickard seconded and the motion carried 4-0.
Rehabbing the Old COA or So. Wellfleet Fire Station – Article 19
Tim King discussed the HVAC problems at the DPW building that are driving the proposal in Article 19 to rehabilitate either the old COA building or the South Wellfleet Fire Station. Pickard suggested sealing off the garage half of the building as a possible solution.
Parent moved to not recommend Article 19. Morrissey seconded. Parent discussed continuing to operate with temporary shut-downs of the Building-Health-Conservation offices. He said there were other avenues to explore before rehabbing a new building. Tim King explained what has been done to solve the problem. Discussion continued on the recurring health issues, the Town’s liability, and an engineering consultant to solve the problem. The motion did not carry 2 -1-1.
Minutes of 3/21/12
Reinhart moved to approve the corrected minutes of March 21, 2012. Morrissey seconded, and the motion carried 3-0.
Mail
Two Kopelman & Paige notifications3 were included in the mail. Janet Morrissey had prepared the list of Planning Board mail. 4
Agenda for Next Meeting
Agenda for the April 18 meeting will include: Recommendations for Town Meeting, and two Kopelman & Paige memos.
Adjournment
Pickard moved to adjourn. Parent seconded, and the motion carried 4-0. The meeting was adjourned at 10:25 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Janet Reinhart, Chair
Planning Board approved these minutes at the meeting held 4/18/12.
Public Records Material of 4/4/12
1.) Wastewater Committee informational sheet for Article 18
2.) Site Plan of Pleasant Point properties for Article 26
3.) Kopelman & Paige memos
4.) Planning Board Mail List
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