Planning Board Minutes

Meeting date: 
Wednesday, September 7, 2016

Wellfleet Planning Board

Minutes of Meeting on Wednesday, September 7, 2016

Council on Aging, 7:00 PM

Members Present: Andrew Freeman, Mary Ellen Manning, Janet V. Morrissey, R. Dennis O’Connell, Gerald E. Parent, Chair, Alfred Pickard, Beth Singer

Members Absent:

Others Present: Assistant Town Administrator Brian Carlson, Chet Lay of Slade Associates

Chair Parent opened the meeting at 7:00 PM. 

ANR 16-03: Letendre, 135 Paine Hollow Rd, 25 & 35 Raywid Way

O’Connell recused himself from the discussion and vote.

Chet Lay presented the revised plan for ANR 16-03, noting the changes that had been made since the previous iteration, including some clarifications of boundaries.  The Board reviewed the plan and pointed out a discrepancy between the revised plan and the application on file.  Lay agreed to submit a revised application that indicates two lots, not three, adjusted acreage and correct parcel numbers.

Freeman made the motion to deem the plan for ANR 16-03 as “Approval Not Required” as presented contingent upon the submission of a revised application; Morrissey seconded; the motion passed 6-0.

ANR 16-05: Wright, 145 School St & 0 Off School St

O’Connell recused himself from the discussion and vote.

Lay presented the current plan for Map 15, Lots 19 and 19.1.  The plan provides for a single lot with access on School St, Lot 19, and a second unbuildable lot behind it, Lot 19.1, currently without sufficient road frontage.  Lot 19 includes a temporary slope easement that would allow for a road to Lot 19.1 in the future.

Lay stated that any future issues with the temporary slope easement and roadway would be addressed by the Home Owner’s Association that would be created should Lot 19.1 be subdivided.

Morrissey made the motion to deem the plan for ANR 16-05 as “Approval Not Required” as presented; Freeman seconded; the motion passed 6-0.

Update from Martha Hevenor of the Cape Cod Commission regarding Vacant Lot

Map, Cluster Housing and Shared Septic Systems

Martha Hevenor will be scheduled for the Planning Board meeting on September 21, 2016.

The Board requested that ATA Carlson contact Hevenor and have her update the parts of the draft that the Planning Board was able to discuss with her.

Funds for Community Facilitation for Local Comprehensive Plan (LCP)

ATA Carlson stated that the Local Comprehensive Plan Committee (LCPC) would like to hold a facilitated workshop to allow for community participation in the planning of the LCP.  Carlson requested funding from the Planning Board through its Contract Services account.  Statutorily, the Planning Board is required to endorse the LCP, but the Board believes that the LCP has far-reaching implications beyond the scope of the Planning Board’s jurisdiction.  Therefore, the Planning Board should not be a primary source of funding. 

The Board discussed the issue and most of the Board agreed that the request would more appropriately be put before the Board of Selectmen.  The Board may be willing to participate in providing funding for the project if other boards and committees are also contributing.

Pickard made a motion to refuse the request for funding of the LCPC facilitated workshop at this time; Morrissey seconded; the motion passed 7-0.

Sign Bylaw Review

O’Connell noted that the current bylaw does not speak to temporary signs, window signs, “Open” flags and banners, and the use of Town property.  Both O’Connell and Morrissey recommended that the Board attempt to revise the current bylaw rather than start from scratch. 

The recent Supreme Court decision, Reed v. Gilbert AZ, was discussed.  Chair Parent asked if the Board would entertain having a working committee to do some preliminary work before the entire Board gets involved.  O’Connell and Freeman agreed to draft revisions and share them with the Board as they became available. To generate ideas for revisions, sign bylaws from other towns will be reviewed.  It was suggested that the penalty structure and fines from the General Bylaws should be repeated in the sign bylaw.

Food Truck Regulations

The Board discussed features that define food trucks.  Town Counsel has provided input and stated that when a food truck stays at one location the matter becomes a land use issue.  It was proposed that if a truck remains on a property for any length of time the property owner would need to apply for a special permit for a new use of that property. 

Freeman recommended that the Board draft a definition of a food truck and include it on the use table in the Zoning Bylaws.  Without criteria to follow, the Zoning Board of Appeals would have to attach the special permit to a like use like a roadside stand or a drive-in restaurant.

The Board agreed that there is more work to be done on the issue and would like to begin by examining the applications that have been submitted for food truck business licenses in the past year.

Priority List

The Board reviewed and revised the current list of priorities.  Revising the Cluster Housing Bylaw has been placed at the top of the list of tasks for the coming year.

Minutes

O’Connell moved to accept the August 10, 2016, Planning Board Minutes as amended; Pickard seconded; the motion passed 7-0.

Correspondence

no new correspondence of note

Topics for Future Concern

  • Lawsuit Old King’s Highway Community Housing Project
  • Draft Minutes as Public Record
  • New Town Administrator invited to meeting in the fall
  • Research on Educational Resources for the Planner and Town Counsel updates August
  • New Zoning Maps notification to the Board of Selectmen, the Building Inspector and the Zoning Board of Appeals

Agenda for Meeting on September 21, 2016

  • Town Clerk on Zoning Bylaw Changes
  • Cluster Housing Bylaw Revisions
  • Food Truck Regulations
  • Sign Bylaw Review
  • Discussion on Requesting a Full-Time Building Inspector
  • Priority List

Adjournment

Freeman moved to adjourn; O’Connell seconded; the motion passed 7-0.

The meeting was adjourned at 9:08 PM.

Public Records of September 7, 2016:

  1. ANR 16-03, complete plan on file with Town Clerk
  2. ANR 16-05, complete plan on file with Town Clerk
  3. Town of Truro Sign Code
  4. Letter to Karen LaVoie dated 8/17/16