Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Hwy
July 19, 2017, 5:00 PM
Present: Vice Chair Janet V. Morrissey; Chair Gerald Parent; Alfred Pickard; Beth Singer; Andrew Freeman; R. Dennis O’Connell
Others Present: Assistant Town Administrator, Brian Carlson; Helen Miranda Wilson; Kathleen Bacon; Carl Sussman; and others
Vice Chair calls the meeting to order at 5:05 P.M. Singer joins the meeting at 5:10 P.M., Parent joins the meeting at 6:56
Announcements
VC Morrissey requested that if there are any Announcements or Public Comments, to please state your name prior to speaking.
Carl Sussman introduced himself to the Board. He had comments on how the C2 Zoning relates to the construction taking place and the effects this is having on the residential neighborhoods. The Zoning bylaws allow certain commercial activities within the C2 Zoning District and there are requirements that need to be complied with in that zone, which appear to not be enforced. Sussman presented pictures he has taken of before and after the current construction process. He expressed concern how this construction would affect the character of the neighborhood, which has been entirely residential until recently, has been changed and is looking more like Route 6 with the types of uses being permitted.
VC Morrissey responded to Sussman that the Board doesn’t make any comments or deliberate during Announcements.
Meeting Minutes-O’Connell moved to defer the minutes to later in the meeting. Seconded by Singer, and the motion carried 5-0.
Discussion with Carolyn Murray Town Counsel: Commercial Business Regulations/Formula Business/Reformatting Deleted
Formula Business By-Law
Morrissey introduced Carolyn Murray, Town Counsel to the floor. Murray announced she was present to discuss and follow up with the Board to the Land Court decision which struck down the Town’s Formula Business Bylaw and to discuss potential next steps with the Board.
She suggested the way to move forward is by identifying several issues: What types of uses does the Town want to allow, what do they want to prohibit, does the Town want to regulate by size, and does the Town want to subject larger retailers to more stringent standards than smaller retailers. The Board should decide where to locate and how to allow these uses, as being by-right or by special permit. The Town should also address pre-existing non-conforming businesses, alterations to existing and new construction uses, and focus on preserving the integrity of Cape Cod while implementing design standards. The design criteria would have to adhere to the Town’s aesthetic requirement rather than their own standard design specifications, setting limitations and guidelines for materials, colors, and window signage. Site plan review could be an effective tool for exterior layouts. She said that the questions need to be addressed before the answers are documented on paper. Another solution might be expanding the Town’s overlay districts, and she suggested that the design standards could be more stringent in these areas. The ideas proposed are policy items the Town will need to decide. Murray introduced the KP Formula Business Bylaw informational packet to the Board, which included the bylaws and other documents from other towns.
Morrissey expressed that Formula Business is a very emotional topic, and a lot of people would like to prohibit these types of businesses from the Town, but that she doesn’t believe that can be done. Murray responded that what the Land Court said appeared to be aimed at the ownership of the use, rather than the actual use, specifically how a smaller business would make use of the same land that a corporation would use it for. The court also noted that you cannot use zoning as a tool to protect locally owned businesses.
Morrissey said she reviewed the existing commercial district bylaws, which contains “development of significant impact”, where the board reviews any application standards, and asked if it’s possible to work within the guidelines in place and enhance the criteria. Murray responded that there are a number of options, and the idea was to take the Formula Business Bylaw as it exists, and rework it in a way so it would stand to legal challenge. Two options would be to have it as its own bylaw, or amend different sections of your bylaws.
The Board questioned if there is a change of ownership, how would it affect the criteria. Murray said it probably wouldn’t be a factor, but a physical change would be.
Morrissey asked for comments from the public.
Kathleen Bacon asked if the zoning bylaw change for the National Seashore has site plan review, and what is the criteria? O’Connell responded that it is residential site plan review, and not commercial. Helen Miranda Wilson addressed the Board and asked why they hadn’t mentioned that the Planning Board had spent a lot of time discussing site plan review in the past, and the Planning Board ultimately decided not to do it. O’Connell responded that it had no teeth but combined with a special permit could provide control.
Resident Carl Sussman said that C2 zoning provides more stringent criteria but should have the criteria enforced. VC Morrissey responded that the Building Inspector is the zoning enforcing officer, not the Planning Board.
The Board agreed that Carolyn Murray’s discussion was informative, and will review the KP Law Formula Business Bylaw packet. They thanked her for coming.
Meeting Minutes/ZBA-The Board tabled the discussion.
C2 and Food Truck-Discussion
Morrissey opened the discussion pertaining to the bylaw discussed at a previous meeting, and how it respected the C2 criteria. She presented C2 zoning maps, noting that there are nine such areas, and reviewed the sections of the C2 districts. Morrissey said that she can only see the food trucks being operated in an overlay district that would have to be created. She asked the Board what they would like to do in the future about the bylaw for food trucks.
O’Connell asked what the criteria would be for a good food truck location. He believed it should go back to Town meeting so there is a set definition and have established locations for food trucks. Morrissey asked the Board if they wanted to present the bylaw at Town Meeting and whether they should organize outreach to the community.
Freeman moved to consider an overlay district that would permit food trucks to in the C2. The motion was not seconded.
O’Connell moved to put it on an Agenda for a September meeting. The motion was not seconded.
Cultch Discussion
Pickard mentioned that the Cultch Program that was presented to the Conservation Committee didn’t have a mechanism, there wasn’t a lot of public input, and that is where some of the concerns were raised. O’Connell said he didn’t believe that the Cultch Program was an issue for the Planning Board.
VC Morrissey recognized Helen Miranda Wilson.
Helen Miranda Wilson requested to readdress the food truck agenda item again. She said she would like the Board to address three things: 1) have the definition be a separate article on the warrant, 2) there need to be actual numbers and time periods to help distinguish the definitions of semi-permanent and temporary for roadside stands, 3) food trucks should be allowed to operate throughout Wellfleet, but should have a special permit.
Kathleen Bacon doesn’t believe that the Board needs to start over with the bylaw. She agreed with Helen Miranda Wilson that food trucks would be welcome in Wellfleet if they went through the special permit process, even site plan review, then there would be a foundation to work from.
Assessor Atlases
ATA Carlson said that the full-size atlases were received and distributed.
Recap-Open Meeting Workshop
O’Connell reported that Town Clerk Powers focused on deliberation. The Board discussed definitions of site inspections, public meetings vs. public hearings, and no signature required for the Minutes. Morrissey requested copies of slides from the Town Clerk’s presentation be sent to the Board members.
Liaison Reports
O’Connell indicated that the Charter Review Committees believes that regulatory committees should have the opportunity to have alternate members.
Minutes:
March 1 Minutes
O’Connell moved to approve the March 1st Minutes as amended.
Seconded by Pickard, and the motion carried 5-0.
The May 17th minutes will return to the table at a future meeting.
Chair Parent entered the meeting at 6:56 P.M.
Freeman moved to approve the May 25th Minutes as amended.
Seconded by O’Connell. The motion carried 6-0.
June 21 Minutes:
O’Connell moved to approve as amended.
Seconded by Pickard, and the motion carried 6-0.
Correspondence
-Agreement between the Cape Cod Commission and Barnstable County
-Town of Eastham: Vote to grant a site plan approval/special permit
-Correspondence from Carolyn Murray regarding affordable housing/cluster development
Topics for future concern
Morrissey would like to amend the cul-de-sac regulations and remove the wording about the vegetative center and add paved cul-de-sac instead.
Recreational Marijuana
E-Updates from KP Law
Public Record
Carl Sussman handout
KP Law-Formula Business Bylaw Informational Packet
Agreement between the Cape Cod Commission and Barnstable County
Town of Eastham: Vote to grant a site plan approval/special permit
Correspondence from Carolyn Murray regarding affordable housing/cluster development
Agenda for August 16, 2017
Martha Hevenor Update
Commercial Business By-Laws
Food trucks moved to September
Pickard moved to adjourn the meeting at 7:23 P.M.
O’Connell Seconded, and the motion carried 6-0.