Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, April 6, 2016
Council on Aging, 7:00 PM
Members Present: Gerald E. Parent, Chair, Andrew Freeman, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard
Members Absent: Janet Reinhart
Others Present:
Chair Parent opened the meeting at 7:00 PM.
Public Hearing for the proposed Repeal of the Formula Business Bylaw 6.30
Chair Parent opened the Public Hearing at 7:00 PM. There were no members of the public present so no public comments were heard. Parent then closed the hearing to public comment and the Board discussed the future of the Formula Business Bylaw 6.30. It was noted that this bylaw has been deemed unenforceable.
O’Connell made the motion to recommend 2016 Warrant Article 42:
“ARTICLE 42: To see if the Town will vote to amend the Zoning Bylaws by repealing Section VI General Regulations, Section 6.30 Formula Business Special Permit and by deleting the definition of “Business, Formula” from Section II, Definitions, and further by deleting the reference to “Business, Formula” from the use table in Section 5.3.2.
Morrissey seconded; the motion passed 4-0.
Pickard arrived from another meeting after the vote had taken place.
Morrissey made the motion to re-open the discussion and re-vote on the recommendation of Article 42; Freeman seconded; the motion passed 4-0.
Chair Parent re-opened the discussion and Pickard concurred with the Board’s opinion that Formula Business Bylaw 6.30 should be repealed.
O’Connell made the motion to recommend 2016 Warrant Article 42; Morrissey seconded; the motion passed 5-0.
District Local Technical Assistance Grant Update
O’Connell shared the letter received today from Patty Daley, Deputy Director of the Cape Cod Commission stating that the Wellfleet Planning Board has received a $10,000 grant for continuing the work on planning for additional affordable housing in town. Board members noted that the letter stated funds must be expended by December 15, 2015, instead of December 15, 2016, and asked Secretary Spencer to request a revised letter that reflects that date.
Local Comprehensive Plan (LCP) Update
Morrissey updated the Board on what the LCP has accomplished so far. The Board discussed practical applications of the LCP and its role in the process. It was agreed that the Board will be notified when issues are discussed that relate directly to the Planning Board, and when significant milestones have been reached by the LCP Committee.
Subdivision Rules & Regulations
O’Connell presented the most recent proposed revisions to the Subdivision Rules and Regulations. The Board discussed the use and placement of the term “Applicant,” “Applicant/Owner” and “Representative” in the text of the Subdivision Rules and Regulations and the forms located in the appendix. It was decided that the Board would consult Town Administrator Terkanian for his recommendation.
The Board then examined and discussed the proposed changes to the Forms A-E located in the Appendix of the Subdivision Rules and Regulations.
All agreed that the revisions made were considered within the scope of the discussion that took place during the public hearing on March 16, 2016, and did not require a new hearing.
Vacant Lot Map Discussion
Map needs to be posted in the Town Hall Conference Room.
Formula Business Bylaw Discussion
The Board discussed options for next steps in regards to the Formula Business Bylaw.
Morrissey expressed her desire to seek Town Counsel’s opinion on how to strengthen Zoning Bylaw Section 6.29, the Prohibition on Fast Food and Formula Restaurants, and if there is any basis to design a Formula Business Special Permit, Bylaw 6.30 that is legally viable.
Morrissey made a motion to ask Town Counsel to meet with the Planning Board to discuss the review of Zoning Bylaw Sections 6.29 (Fast Food and Formula Business Prohibition) and 6.30 (Formula Business Special Permits,); Pickard seconded. Chair Parent opened the floor for discussion of the motion.
It was noted that at one time it was part of the contract with Town Counsel that it be available to meet with the Planning Board at least once each year. Morrissey will follow up with Assistant Town Administrator Carlson to verify this aspect of the contract with Town Counsel.
Freeman amended the motion to include that Town Counsel analyze the Land Court Decision on Zoning Bylaw Section 6.30 and its effect on Section 6.29, and if there is any way that the Planning Board can adopt a bylaw that is similar to Sections 6.29 and 6.30 that would withstand legal challenge; Morrissey seconded the amendment to the original motion; the motion passed 5-0.
The original motion as amended passed 5-0.
Chair Parent will request of TA Terkanian that Town Counsel meet with the Planning Board on May 18, 2016.
Minutes
O’Connell moved to accept the March 16, 2016, Planning Board Minutes as amended; Morrissey seconded; the motion passed 5-0.
Correspondence
Letter from of the Cape Cod Commission regarding the District Local Technical Assistance Grant dated 4-6-16
Notice from the Zoning Board of Appeals of the Decision on the Cape Cod Habitat for Humanity Old King’s Hwy Community Housing Project
Emails between D. O’Connell & TA Terkanian re: 2016 Warrant Article 43
Truro Zoning Bylaw Notice of Revisions dated 3-25-16
Email to the Planning Board from D. Thimas re: signs & billboards dated 3-20-16 to be forwarded to Building Inspector Richard Stevens
Topics for Future Concern
- Lawsuit Old King’s Highway Community Housing Project
- Formula Business Bylaw
- District Local Technical Assistance Grant Project
- Landing Strip
- Local Comprehensive Plan
- New Planning Board Member Recruitment
- Local Comprehensive Plan Survey
Agenda for Meeting on April 20, 2016
2016 Warrant Article Recommendations
Vacant Lot Map Discussion
Subdivision Rules & Regulations
- District Local Technical Assistance Grant Project
Adjournment
O’Connell moved to adjourn; Morrissey seconded; the motion passed 5-0.
The meeting was adjourned at 9:14 PM.
Public Records of April 6, 2016:
2016 Warrant Article 42
Letter from of the Cape Cod Commission regarding the District Local Technical Assistance Grant dated 4-6-16
Memo from D. O’Connell to Planning Board dated 3-30-16
Notice from the Zoning Board of Appeals of the Decision on the Cape Cod Habitat for Humanity Old King’s Hwy Community Housing Project
Emails between D. O’Connell & TA Terkanian re: 2016 Warrant Article 43
Truro Zoning Bylaw Notice of Revisions dated 3-25-16
Email to the Planning Board from D. Thimas re: signs & billboards dated 3-20-16