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Planning Board Minutes

Meeting date: 
Wednesday, January 4, 2017

Wellfleet Planning Board Minutes

Wellfleet Senior Center, 715 Old King’s Hwy

January 4, 2017, 7:00 PM

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

Members Absent: Alfred Pickard, Beth Singer

Others Present: David Agger, Jude Ahern, Assistant Town Administrator Brian Carlson, Curt Felix, Ed Miller of the Provincetown Banner, Theresa Parker

Chair Parent opened the meeting at 7:00 PM. 

Minutes                                                        

O’Connell made a motion to approve the December 21, 2016 Planning Board Minutes as amended; Freeman seconded; the motion passed 5-0.

Draft Food Truck Bylaw

Morrissey reported that the draft bylaws and an accompanying memo has been sent to Town Counsel.  The Board is waiting for a response in preparation for the public hearing scheduled for 2-15-17.

Chair Parent opened the meeting to public comment. 

Curt Felix, owner of Eat at the Fleet, a food truck court located on Rte. 6 in the Commercial 2 District, asked the Board to clarify its rational for drafting the two proposed bylaws.  Chair Parent stated that last year there were difficulties in the management of food truck use on private property.  Food trucks are a land use issue that has not yet been properly addressed.  The second draft bylaw gives the voters at Annual Town Meeting the ability to determine whether they want food trucks in Wellfleet at all.  Felix expressed his concern that the passage of the drafted bylaws would eliminate his ability to operate his business, which has created jobs and includes affordable housing. 

Chair Parent explained that when questioned, Town Counsel responded that the Board of Selectmen has the right to issue business licenses, but it cannot do so in conflict with Zoning Land Use.  As it stands, Felix’s property is in a district, Commercial 2, that does not permit restaurants.

Chair Parent reminded those present that the public hearing will take place on 2-15-17 and all are encouraged to attend.  ATA Carlson was asked to check with Town Counsel on the expected timing of a response to the two draft bylaws.

Draft Sign Bylaw

Morrissey made a motion to have the Board discontinue having discussions on the issue of style as it relates to the writing of bylaws; O’Connell seconded; the motion passed 4-1.

The Board reviewed the draft Sign Bylaw, asked questions and made recommendations.  The working group will make the changes as proposed and will report back.  Town Counsel will be consulted in preparation for the public hearing scheduled for 2-15-17.

Formula Business Special Permit Bylaw Removal

Morrissey made the motion to draft an article for the Annual Town Meeting (ATM) Warrant to remove the invalidated Formula Business Special Permit Bylaw 6.30 from the Wellfleet Zoning Bylaws (ZBL) and ask Town Counsel to make a statement at ATM regarding the rationale for such removal; Manning seconded; the motion passed 4-1.

David Agger expressed his opinion which favored keeping Bylaw 6.30 in the ZBL.

New Amendments to Zoning Act

Morrissey presented the draft Warrant articles that have been reviewed by Town Counsel amending sections of the ZBL affected by recent amendments to the Zoning Act, MGL c. 40A, Sections 6, 7 and 9.  Morrissey agreed to write a memo to the Town Clerk regarding the asterisk note on page 28 of the ZBL.

O’Connell made a motion to leave as is with no amendments Draft Bylaws for ZBL Sections 8.2, 6.20.4 and 8.4; Freeman seconded; the motion passed 4-1.

Morrissey pointed out the second Draft Bylaw for Section 8.4 is an alternate.

Morrissey made a motion to move to public hearing on 2-15-17 the draft Warrant Articles for ZBL Sections 8.2, 6.20.4 and 8.4; Freeman seconded; the motion passed 4-1.  Chair Parent noted that Manning voted against the motion because of her objections to the style in which the articles were written, not the intent of the drafts.

Recreational Marijuana

In light of the notification by Town Counsel that the date for the retail trade of recreational marijuana to go into effect has been delayed until June of 2018, Morrissey made a motion to move this agenda item to a future meeting; O’Connell seconded; the motion passed 5-0. 

Use of Planner

ATA Carlson asked for clarity on the concern that was expressed about communication between the Planning Board and Town Hall.  Chair Parent stated that he plans to have a discussion soon with ATA Carlson and TA Hoort regarding improved communication and the role of the Town Planner.  He will report back to the Board at a future meeting.

Liaison Reports

Freeman briefly reported on the current work of the Community Preservation Committee.

Correspondence

None

Topics for Future Concern

  • Lawsuit Old King’s Highway Community Housing Project
  • Research on Educational Resources for the Planner and Town Counsel updates August
  • Landing Strip, Map 42, Parcel 601
  • ATM Articles to Amend ZBA Sections Referencing Dated Zoning Maps
  • Recreational Marijuana
  • Disposition of Town Owned Land (second meeting in Feb)

Agenda for Meeting on January 18, 2017

  • DSD 16-01
  • Draft Food Truck
  • Draft Sign Bylaw
  • Land Court Judge’s Comment in the recent Cumberland Farms decision on Footnote 19 on page 25 of the ZBL
  • Use of Town Planner

 

Adjournment

The meeting was adjourned at 10:00 PM.

Public Records of January 4, 2017:

  1. Memo to Town Counsel from the Planning Board dated 12-22-17
  2. Draft Food Truck Bylaws dated 12-22-16
  3. Draft Sign Bylaw dated 12-29-16
  4. Memo to the Planning Board from J. Morrissey dated 12-27-16