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Planning Board Minutes 10/02/2013
Wellfleet Planning Board
Minutes of Meeting on Wednesday, October 2, 2013
Wellfleet Senior Center, 7:00 p.m.


Present: Gerald Parent, Chair; Andrew Freeman, Eric Larsen, Janet Morrissey, R. Dennis O’Connell
Regrets: Alfred Pickard, Janet Reinhart, Planning Consultant Patrice Carson

Chair Gerald Parent called the meeting to order at 7:00 p.m.

Minutes
O’Connell moved to approve the amended minutes of September 18, 2013.  Morrissey seconded, and the motion carried 5-0.  

Medical Marijuana Dispensary Bylaws
The Board had received the October 2, 2013 version1 of the new bylaw dealing with Registered Medical Marijuana Dispensaries (RMD).  Planning Board reviewed the changes in the previous version and reconsidered some of the changes.  Section 9.3.4.2 on distance allowances was illustrated with a map depicting a 300 ft. radius and a 500 ft. radius from the Grace Chapel parcel. 2 The Board agreed upon a distance of 300 ft. for the radius.  Language will be added to subsection h specifying the exclusion of property that is within the radius but separated by a major highway (Route 6).  There was consensus to remove Section 9.3.5.4 since it is covered in Section 9.3.7.1e.  

In Section 9.3.5.5 language will be added about “easily readable signs.”
Signs would be reviewed as part of the Special Permit application. Subsection c. for Section 9.3.5.5 was reviewed but left unchanged.  There was a correction in referencing of Massachusetts Regulations in 9.3.5.5 and in the entire document.  A few changes regarding septic and product waste were made in 9.3.6.4 subsections.  

That brought the Board up to where they left off reviewing the draft bylaw at the last meeting.  Section 9.3.7.1, subsection b references the Zoning Enforcement Officer, who is the Building Inspector.  This will be clarified throughout the bylaw as needed.  Subsection f on renewal of the Special Permit will be struck from the draft.  Subsection j  regarding “As-Builts” and post construction will be adjusted to include future changes, not just the plans submitted prior to the commencement of business.  

Section 9.3.8 Exemptions was adequate.  Section 9.3.9 deals with procedure for Site Plan Review for exempt RMDs.  Planning Board members made adjustments to some of the details of Site Plan Review.  Section 9.3.9.10 and Section 9.3.6.6 need to be correlated.  

Section 9.3.10 deals with Site Plan Review conditions on exempt RMDs.  The Board made a few changes to language in this section.  Section 9.3.11 Prohibition Against Nuisances was left unchanged.  Section 9.3.12 dealt with future modifications and alterations.  Section 9.3.13 on abandonment and discontinuance of use had some changes in time within which the Special Permit or Site Plan Review would lapse.  The final two sections were acceptable as is.

Jan Morrissey will draft a new version of the bylaws for review at the next meeting.

Discussion of Zoning Bylaw 6.28
Chair Gerald Parent had asked the Board to reexamine ZBL Section 6.28 to Encourage the Development of Affordable Dwellings.  Board members commented on the provisions of this bylaw.  They noted: qualifications, districts, confusion of lot allowances, splitting lots, size of lots, Affordable requirements and the intent of the bylaw.  Planning Board disagreed with the developer Ted Malone’s interpretation of the bylaw for the permitting of Paine Hollow Affordable Rental Units.  Mr. Malone will be present at the next meeting to discuss the bylaw with the Planning Board.  

Mail
Jan Morrissey distributed the Mail Log3 and noted the Planning Board FY15 Budget material and a copy of a letter to the ZBA from former Planning Board member Ben Gitlow, expressing his opposition to the Audubon Wind Turbine.  

Agenda for Next Meeting
Agenda for the October 16 meeting will include: Conversation with Ted Malone about the Special Permit process in ZBL 6.28 and Medical Marijuana Bylaw Revision.

Adjournment
Larsen moved to adjourn.  O’Connell seconded, and the motion carried 5-0.  The meeting was adjourned at 9:25 p.m.


____________________________    ____________________________
Mary Rogers, Committee Secretary        Gerald Parent, Chair    

Planning Board approved these minutes at the meeting held 10/16/13.


Public Records Material of 10/2/13
1.) Zoning Bylaw for Medical Marijuana Dispensaries
2.) Map depicting 300 ft. radius & 500 ft. radius around Grace Chapel
3.) Mail Log of 10/2/13