Wellfleet Planning Board
Minutes of Meeting on Wednesday, August 14, 2013
Wellfleet Fire Station, 7:00 p.m.
Present: Andrew Freeman, Eric Larsen, Janet Morrissey, Gerald Parent, Alfred Pickard, Janet Reinhart, R. Dennis O’Connell; Planning Consultant Patrice Carson
Also attending: Fire Chief Richard Pauley; Firefighter Mary Lou Wood
Janet Reinhart called the meeting to order at 7:05 p.m.
Minutes of 7/17/13
Morrissey moved to approve the amended minutes of July 17, 2013. Freeman seconded, and the motion carried 6-0.
Mail
Jan Morrissey noted from the mail log1 the Attorney General’s approval of the photovoltaic bylaws and a letter from Douglas and Cynthia Franklin regarding an old subdivision for East Wind Circle.
Preliminary Subdivision Plan #13-05
Eric Larsen recused himself from the meeting.
Chester Lay of Slade Associates came forward to present the Preliminary Subdivision plan (PSD #13-05) for 1110 Old King’s Highway (Map 23, Parcel 46) on behalf of developer William Hahn. He presented the original 1986 plan for Huckleberry Ridge, which included Lot 10, now Map 23, Parcel 45. The new proposal for ten (10) lots along a continuation of Howard’s Court would be created in a subdivision of the original Lot 10. The new Lot 15 is mainly in the Commercial District, but there is no access from the Commercial District. Because of its split designation, there was a question of setbacks for Lot 15 and also Lot 16, which is partially in the Commercial District.
Board members questioned if this was a re-subdivision. Mr. Lay said it was a subdivision of Lot 10, which was owned by the Hardaways, who developed the earlier subdivision. Mr. Lay said there will be a MESA review of the property, but he was seeking the Preliminary Subdivision first. In a subdivision of over four acres, there is a regulation that allows the Town to request that 15 per cent of the land be placed in reserve for Open Space for three years so that the Town has an opportunity to purchase it.
The Board discussed the length of the road, starting at Cahoon Hollow Rd.
Fire Department Chief Richard Pauley said he believed the measurements for the road should begin at Cahoon Hollow Road; utilities should be underground; and “Extension” should not be included in the road name. Mr. Lay said he will do the calculations for the road length beginning at Cahoon Hollow Rd. Mr. Lay said he could proceed as a subdivision of a subdivision or as a new subdivision. The Conservation Commission had requested that a storm water plan be submitted.
The paved road is laid out for 20 ft. with berms. Mr. Lay said no waivers had been suggested yet. He was seeking a general approval for his client William Hahn, who is interested in buying the property. The slope of the road is under 10 per cent, according to Mr. Lay. Gerald Parent suggested a road of 18 ft. with berms. For a definitive subdivision, Mr. Lay said he would request a waiver for the road length.
Planning Board will be sure that Open Space is made aware of the 15 % option although Mr. Lay said the MESA review has made that regulation archaic. Planning Board also wondered if the developer might be interested in donating a lot for Affordable Housing.
Whether the plan will be submitted as a subdivision modification or a new subdivision has yet to be determined, according to Mr. Lay.
Pickard moved to approve PSD #13-05 as presented with the waiver on road length. Parent seconded, and the motion carried 6-0.
O’Connell asked about a clause in the original Hardaway covenant, and Mr. Lay explained its significance.
Eric Larsen returned to the meeting.
Organization
Freeman nominated Janet Reinhart as Planning Board Chair. O’Connell seconded.
The vote for Janet Reinhart as Chair was 3-3-1.
Pickard nominated Gerald Parent for Chair. Larsen seconded. Parent agreed to the nomination after hearing some recommendations from O’Connell. Parent described himself as semi-retired with fewer conflicts than he’s had in the past when he was active in real estate and development.
The vote for Parent was 2-3 with no votes from two members.
A second vote was 4-2-1, and Gerald Parent became Chair of the Planning Board.
Morrissey nominated Janet Reinhart as Vice-chair. O’Connell seconded.
Pickard nominated Dennis O’Connell as Vice-chair, but O’Connell declined.
The vote for Janet Reinhart as Vice-chair was 7-0. She became Vice-chair.
O’Connell nominated Jan Morrissey as clerk. Pickard seconded.
The vote for Jan Morrissey as Clerk was 7-0. Morrissey remains PB Clerk.
There was a discussion of improving procedure and maintaining fair and neutral perspective in the Planning Board. O’Connell commented on the tough job entailed in being a Planning Board Chair. The Board expressed appreciation for Reinhart’s service.
Medical Marijuana
Planning Board members reviewed the draft Medical Marijuana bylaw of July 29, 2013 that had been prepared by Jan Morrissey and Janet Reinhart. Janet Reinhart reported on suggestions from Town Administrator Harry Terkanian and Health Agent Hillary Greenberg. The Board studied a Town map projected on the screen. O’Connell advocated use of the Commercial District on Route 6 as the appropriate location for an overlay zone. The Board discussed including the C2 District sections in an overlay zone.
Patrice Carson discussed the security required for a Registered Marijuana Dispensary (RMD). Cultivation of marijuana falls into agricultural guidelines. The retail business is the part that needs to be addressed through the zoning bylaws.
Town Counsel Kopelman & Paige had issued an advisory for creating overlay district for RMDs. Planning Board discussed some of the Kopelman & Paige suggestions and the provisions for growing facilities. The possibility of using site plan review for the agricultural location along with a zone decision instead of using an overlay was suggested.
O’Connell moved to designate three areas of Town as an overlay district for Medical Marijuana: 1.) from the Commercial (C) Zone on Rte. 6 beginning at the Chamber of Commerce building in South Wellfleet into the north side of LeCount Hollow Road to the end of that zone, 2.) the Commercial (C) Zone from Lt. Island Rd. to Old Wharf Rd. and 3.) the C2 WenDon property. Morrissey seconded. Discussion of the three areas ensued. A public hearing is needed to establish an overlay zone. Fire Chief Pauley spoke against inclusion of the Callis Square Commercial area in an overlay district as it seemed inappropriate to the entrance into the Wellfleet village area.
The motion for the overlay district carried 7-0.
Agenda for Next Meeting
O’Connell said that former Planning Board Chair Griswold Draz had suggested some corrections for zoning in the Seashore District. O’Connell asked if this could be addressed at the September 18, 2013 meeting.
Selectman Paul Pilcher had expressed interest in bylaw allowances for greenhouses for salt evaporation in the C2 District. A definition of greenhouse also needs to be included in the zoning bylaws. This will be an agenda item for the September 18, 2013 meeting.
Agenda for the September 4, 2013 meeting includes: Definitive Subdivision of Thureson property, Medical Marijuana bylaw draft, site plan review for agricultural marijuana, and pod/storage containers.
Adjournment
Pickard moved to adjourn. Larsen seconded, and the motion carried 7-0. The meeting was adjourned at 9:55 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 9/18/13.
Public Records Material of 8/14/13
1.) Mail log
2.) PSD #13-05 is filed in PB permanent records
3.) Draft Medical Marijuana bylaw of 7/29/13
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