Planning Board Minutes
Wellfleet Senior Center, 715 Old King’s Hwy
January 17, 2018, 7:00 PM
Members Present: Chair, Gerald Parent; Vice Chair, Andrew Freeman; Steve Cooney; Beth Singer
Regrets: Alfred Pickard; R. Dennis O’Connell
Others Present: Assistant Town Administrator, Brian Carlson; Curt Felix; Suzanne Gray; Janet Reinhart; David Rickets
Chair Parent called the meeting of the Planning Board to order at 7:05 P.M.
Announcements, Open Session & Public Comment-No announcements or comments at this time.
Meeting Minutes-Tabled for a future discussion
Public Hearing-Food Trucks:
Chair Parent opened the Public Hearing at 7:06 P.M.
The Chair explained that they have separated the articles into definitions and will be discussing where they will be located. The Chair reviewed the Zoning Bylaws on Definitions and Use Regulations.
Resident David Rickets asked if there is a cap on the number of licenses issued, and Chair Parent explained that there can be as many licenses listed as possible, but the applicant would need a permit to operate. It’s a matter for the Board of Selectmen.
Resident Suzanne Gray is requesting that food trucks be allowed in the C2 District. Chair Parent responded that this is an advertised hearing that is specific in nature, that C2 is not included, and there was a 5-1 vote at a previous meeting by the Planning Board not to allow food trucks in the C2 district. Chair Parent said that Gray may have a copy of Town Counsel’s statement regarding requests for petitioning zoning articles.
Curt Felix asked about the amendments and changes being requested for the bylaw. If the Planning Board chooses to act unfavorably, it doesn’t prevent this from going to Town Meeting floor.
Freeman asked Felix which way he was proceeding. Felix responded that he went to the Board of Selectmen and presented an alternative solution. He would like some clarity or agreement on the process. Freeman suggested that Felix should have a copy of Town Counsel’s response to the requests for petitioning zoning articles. Chair Parent said the Board may need to set a time and date to hold a hearing after being advised by Town Counsel.
The Chair said that due notice has not been made for a petitioned article, and Felix stated that his request should fall under the public hearing notice that has been advertised for the January 17th meeting.
The Chair has closed the public hearing at 7:35 P.M.
Chair Parent explained that the discussion of a submitted petitioned article on food trucks was added to the January 17th agenda so it could be discussed and a public hearing date and time can be set. Singer said that she would like to see something regarding how and when the request for a petition came to the Planning Board’s office.
Freeman mentioned that the issue of parking should be addressed. Singer mentioned that tables and chairs aren’t addressed, either. Based on the way the votes have gone in the past, does not think the Planning Board will change.
Gray said when she and Felix speak with their legal counsel, they most likely will return.
Moved to accept the definition of food trucks, as proposed in the article, by Singer.
Seconded by Freeman, and the motion carried, 4-0.
Moved to accept the use table regulations, as presented, by Singer.
Seconded by Cooney, and the motion carried, 3-0-1.
Discuss a specific date and time to set the public hearing for a submitted petitioned article on Food Trucks
Chair Parent suggested scheduling the public hearing for February 14th, subject to Town Counsel’s response regarding the document submitted as a petition.
Public Hearing: Notification of Abutters:
Chair Parent discussed that the notification would be a change from direct butters to abutters-to-abutters within a 300 ft. radius.
Moved to approve by Freeman, amend as suggested. Seconded by Cooney, and the motion carried 4-0.
Joint Meeting- Wellfleet Housing Authority & Local Housing Partnership-Discussion of a New Housing Plan and Parcels of Land Located on Coles Neck Road (Map 7/Parcel 24) for affordable housing.
Chair Parent asked if the Wellfleet Housing Authority(WHA) and Local Housing Partnership(LHP) need a vote from the Planning Board. The WHA Members responded that they are looking for the Planning Board Members to recommend the plan.
Moved to recommend the Housing Needs Assessment and Action Plan dated October 17, 2017 as submitted by Freeman. Seconded by Singer, and the motion carried, 4-0
Chair Parent asked if anything has returned from the Selectmen in reference to the parcels of land on Coles Neck Road. Reinhart reported that at a previous Board of Selectmen’s meeting, the Board members did not denote any specific amount of land, and the Selectmen did not expect a whole article to go to housing because there is a deed that reads part of the land will go to the Department of Public Works(DPW) or for Town property. Carlson will resend the December 14th memo and follow up with the DPW.
Discussion: Planning Board Rules and Regulations: Section II: Submission and Approval of Plans-Tabled for a future discussion.
Discussion of retail sales of recreational marijuana within the Town of Wellfleet-
The Chair explained that the retail sales of marijuana, if not specified, could be almost anywhere. He suggested that that the retail sales be restricted to the overlay district or it could be opened up to Special Permit like any other retail sales. He continued that the Board members need to look at where they want to have retail sales of marijuana located within the Town, or does the Board want to restrict the use to medical marijuana only.
The Board discussed that they will need to have the district defined and addressed by Town Meeting.
Freeman proposed that the Board can do what Town Counsel suggests by changing the definition to use the words marijuana establishments, and mentioned how Town Counsel suggested extending the 300’ buffer zone from schools/daycare centers, etc, to 500’, which would match State regulation.
Chair Parent suggested the Board members review the information from Town Counsel to put it into where they have medical marijuana, change the definition and it suffices at this time.
Moved to pass retail sales in the Medical Marijuana Overlay District, and define them as marijuana establishments by Cooney. Seconded by Freeman The motion carried, 4-0
Moved to schedule as a public hearing on February 14th by Freeman. Seconded by Cooney, and the motion carried, 4-0
Review language of proposed amended language to the Home Occupation bylaw in preparation for a public hearing.
Chair Parent asked Building Inspector Justin Post what type of language he was looking for. Post responded that it depended on topography, choice of planting, and he is looking for something to protect the nature of what takes place with agriculture and aquaculture. The Board discussed with Post that they would like him to come up with suggestions. Post would like the word “reasonable” added to screening, and would like a definition on aesthetics.
Chair Parent asked the Board members how they wanted to proceed with the changes. The Board members would like to review how this was done in the past and have the discussion when there is a full Board present.
Discussion-Special Permit/Site Plan Review for Impactful Commercial Uses Zoning Bylaw-Tabled for a future discussion
C2 District-Tabled for a future discussion
Liaison Reports
Correspondence-No correspondence to note
Topics for Future Concern-Nothing to note
The meeting was adjourned by consensus at 9:05 P.M.
Public Record:
-Housing Needs and Assessment Action Plan dated October 2017
-Planning Board Rules and Regulations Governing the Subdivision of Land is available in the Planning Board Office 300 Main Street or on the Town website http://www.wellfleet-ma.gov/planning-board
-Zoning Board of Appeals Complete Bylaws are available 220 West Main Street or on the Town Website http://www.wellfleet-ma.gov/zoning-board-of-appeals/pages/zoning-bylaws
-Food Truck Advertisement: Cape Codder Editions 12/29/2017 and January 5, 2018
-Petitioned Food Truck request dated December 15, 2018