Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, May 21, 2014
Wellfleet Senior Center, 7:00 p.m.
Present: Gerald Parent, Chair; Andrew Freeman, Eric Larsen, Janet Morrissey, R. Dennis O’Connell, Alfred Pickard, Janet Reinhart; Planner Patrice Carson
Chair Gerald Parent called the meeting to order at 7:01 p.m.
Minutes
Janet Reinhart moved to approve the amended minutes of May 7, 2014. Jan Morrissey seconded, and the motion carried 6-0.
ANR # 14-04, 70 Indian Neck Rd. (Map 28, Parcels 50 & 41 portion)
Janet Morrissey and Dennis O’Connell recused themselves and left the meeting,
On behalf of the owners, F. Frank Isik and Nicole S. Gibran, Chester Lay of Slade Associates explained the request for an ANR at 70 Indian Neck Rd. (Map 28, Parcels 50 and a portion of 41). 1 The plan is a perimeter plan showing boundaries that can be brought before Land Court, he said. The land the owners want to add to their property is accreted land on Chipman’s Cove. Peter Hall of the Wellfleet Conservation read into record the statement: “The Wellfleet Conservation Trust maintains that it owns the land being shown to be annexed to the original lot. We understand the Planning Board is not determining the ownership by the ANR process. Therefore we request that the Planning Board include a note that ‘This ANR does not confirm or establish ownership, only lot lines presuming ownership.’ Wellfleet Conservation Trust will decide its rights when land court case is undertaken.” 2 Mr. Lay said that he can stamp the ANR to indicate that the plan does not certify ownership
Larsen moved to endorse ANR #14-04 as submitted. Pickard seconded, and there was discussion of the Conservation Trust’s request to include the note or Slade’s stamp that says the plan does not establish ownership.
The motion to approve the plan as presented carried 3-2.
Morrissey and O’Connell returned to the meeting.
Release of Covenant – Rhodes Subdivision
Mr. Lay requested that the Planning Board release the covenant for a 1990 Subdivision for Warren Rhodes.3
Reinhart moved to approve release of the covenant. O’Connell seconded, and the motion carried 7-0. Board members signed the Form F release.
Discussion of Medical Marijuana Overlay C2 District
Donna McAffery of Even’tide Motel was present to discuss the designation of the C2 District that abuts her property as part of a Registered Medical Marijuana Dispensary (RMD) Overlay District. She noted, as she had said at Town Meeting, that RMDs are not to be located near areas where children congregate. Since large numbers of children stay at her motel and use the outdoor area, she did not consider the RMD Overlay designation appropriate. Reinhart suggested moving the boundary of the RMD Overlay District further to the north away from Even’tide. The Board discussed the feasibility and likelihood of an RMD being placed in the Overlay District abutting the motel. O’Connell did not want to consider an amendment to the bylaw, newly approved at Annual Town Meeting 2014, until the Attorney General makes her determination on the Medical Marijuana Dispensary bylaw. O’Connell mentioned that Mrs. McAffrey could initiate a Petitioned Article to change the bylaw at another Town Meeting if the Planning Board declines to revise the bylaw.
Jan Morrissey moved to revisit the bylaw after the Attorney General has ruled on it. O’Connell seconded, and the motion carried 7-0.
Discussion of Cell Tower Proposal
No one appeared at the meeting to discuss a cell phone tower proposal. Pickard moved that no cell tower or other applicants be placed on the agenda without the submission of the appropriate materials and pre-application forms. O’Connell seconded, and the motion carried 7-0.
Open Meeting Law & E-mail
Planning Board members reviewed e-mail policy and open meeting law. Procedure for submitting materials for consideration by the Board requires contacting the Committee Secretary with the information to ensure it will be included in the appropriate meeting packet.
Home Occupation Business Bylaws
The Board reviewed with Jennifer Pierce of the Wellfleet Citizens Economic Committee and Chamber of Commerce the May 7, 2014 Home Occupation & Service Trades Bylaws draft revisions.4 Planning Board members reworked the opening paragraph of Section VI, Section 6.22 and reviewed 6.22.1. There was discussion of the exclusions listed in Section 6.22.1. In subsection 2 of Section 6.22.2 the wording of non-family member was questioned. Changes to subsection 4 were explained as an update to include computers and cell phones. The calculation of the 25% of total floor area in subsection 5 for the home occupation was examined carefully and left unchanged. There was discussion of putting a cap on outside storage area considered in subsection 6. For the purposes of drafting the bylaw, the Board inserted “a limit of 30% of the lot for outside storage.” Subsection 7, which deals with onsite sales, was examined. Subsection 8 on time limitations needed some clarification and was matched to the Service Trades Section K. Shellfishing presented a different set of circumstances because of activity based on the tides, rather than the clock. Planning Board grappled with ways to deal with shellfishing hours. The Chair will check with Town Counsel about time limitation for shellfishing and the possibility of an exemption. Subsection 9 addresses traffic and long-term parking. This was matched with Section J of Service Trades but retains conditions for long-term parking.
Board members outlined questions on shellfishing as aquaculture or a home occupation business for Chair Gerald Parent to ask Town Counsel.
Agenda for Next Meeting
Agenda for the June 4, 2014 meeting will include: Home Occupation Bylaws, Service Trades Bylaws, Cluster Development, and Storage Pods.
Mail Log of 5/21/14
Jan Morrissey submitted the mail log of May 21, 2014.5
Adjournment
Freeman moved to adjourn. O’Connell seconded. The motion carried 7-0. The meeting was adjourned at 9:45 p.m.
____________________________ ____________________________
Mary Rogers, Committee Secretary Gerald Parent, Chair
Planning Board approved these minutes at the meeting held 6/4/14
Public Records Material of May 21, 2014
1.) ANR #14-04 is filed in the permanent Planning Board records
2.) Note by Peter Hall of the Wellfleet Conservation Trust
3.) Release of covenant for 1990 Rhodes Subdivision
4.) May 7, 2014 Home Occupation & Service Trades Bylaws draft revision
5.) Mail Log of 5/21/14