Wellfleet Planning Board
Minutes of Meeting on Wednesday, October 16, 2013
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Planning Consultant Patrice Carson
Regrets: Eric Larsen
Chair Gerald Parent called the meeting to order at 7:00 p.m.
Minutes
Morrissey moved to approve the amended minutes of October 2, 2013. O’Connell seconded, and the motion carried 4-0.
Subdivision Signing
Planning Board members signed the approved Definitive Subdivision Plan (DSD#13-06) for 2442 State Highway/Rte. 6.
Off-Premises Signs
Town Administrator Harry Terkanian was present to discuss zoning bylaws regarding off-premises signs. He said the Board of Selectmen will be discussing the issue at their next meeting. He informed the Planning Board that the issue may be brought back for further consideration at another meeting. PB members expressed their thoughts on the practice of placing off-premises signs on the Town Hall lawn.
Conversation with Ted Malone
Developer Ted Malone and Wellfleet Affordable Housing Chair Elaine McIlroy were present to discuss Zoning Bylaw 6.28, Provisions to Encourage Affordable Housing Development. Mr. Malone related the history of the effort to build rental Affordable Housing units on Paine Hollow Rd. He said he interpreted ZBL 6.28 as a local 40B bylaw that would be preferable to the state 40B process. He said he had been enthused about having the Planning Board act as the Special Permit Granting Authority (SPGA) for the project. He said that he had been surprised to learn that the Planning Board had a different interpretation of the provisions of ZBL 6.28. He reviewed bedroom allowances and language on division of land. He pointed out that although minimum lot size had been specified, there was no mention of maximum lot
size. Mr. Malone commented on the advantages of having a shared well and septic system on a large lot instead of several individual wells and septic systems. He gave a general overview of the proposed development.
Board members discussed the term unit, lot definition, and doing an entire subdivision with the inclusion of Affordable lots. Elaine McIlroy explained that the intent of Housing Authority when ZBL 6.28 was being written had been to create a local Wellfleet 40B bylaw. She said that the concept of dividing lots was an expansion of their plan to encourage more Affordable Housing.
Alfred Pickard said the intent of the bylaw, as Planning Board had created it, was to have a primary dwelling for each lot with up to three additional affordable accessory units. He said that he never had envisioned it as a proposal for a development on one large lot. Patrice Carson said that Rex Peterson, then Wellfleet’s Assistant Town Administrator who worked on the bylaw, had made a presentation which she had attended. She said that the proposed bylaw had been described by Peterson as Pickard outlined it.
Elaine McIlroy said that the lot could accommodate separate dwellings, but that is a less efficient use of the land. She also said that the development could go before the ZBA for approval. Mr. Malone discussed the appeals process for a 40B development. He asked if Town Counsel could reexamine the bylaw. Parent said that first Mr. Malone would have to submit an application to Planning Board for a Special Permit before the Town Administrator would request an opinion from Town Counsel. Parent suggested that Planning Board could develop the Cluster Development bylaw, which more closely matches what Mr. Malone is proposing. Parent said he would arrange to forward a permit application to Town Counsel if Mr. Malone submits one.
Ted Malone asked about the process of abutter notification and holding a hearing. Planning Board members agreed that Town Counsel’s opinion was needed, but Mr. Malone will have to submit an application for that to happen.
Medical Marijuana Dispensary Bylaws
The Board had received the October 16, 2013 revsion1 of the new draft bylaw dealing with Registered Medical Marijuana Dispensaries (RMD). Planning Board did a page by page review of changes, made new revisions, clarified language, made additions, and polished details in each section.
Open Space Plan
O’Connell disclosed he is on the Wellfleet Conservation Trust
The Board was not ready to make a decision on the Open Space Five-Year Action Plan but will have one for the Board of Selectmen’s November 12, 2013 meeting if Open Space is still interested in getting an endorsement from the Planning Board.
Mail
Jan Morrissey distributed the Mail Log of October 16, 2013.2 She noted the Sustainable Wellfleet workshop which will be held on November 16 at the Wellfleet Senior Center.
Historic Features on Buildings
The Historic Commission is interested in working with Planning Board on a bylaw for protection of features on historic buildings, Janet Reinhart said.
To Do List
O’Connell wanted to establish a “To Do” list at another meeting. This would be supplementary to the last Priorities List and include some of the concerns discussed with the Building Inspector in July.
Agenda for Next Meeting
Agenda for the November 6, 2013 meeting will include: Medical Marijuana Bylaw Revision, “To Do” List, Open Space 5-Year Plan, and Cottage Colony Bylaws.
Adjournment
Pickard moved to adjourn. O’Connell seconded, and the motion carried 6-0. The meeting was adjourned at 10:15 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
The Planning Board approved these minutes at the meeting held 11/6/13.
Public Records Material of 10/16/13
1.) October 16, 2013 version of Zoning Bylaw for Medical Marijuana Dispensaries
2.) Mail Log of 1016//13
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