Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Hwy
March 21, 2018, 7:00 PM
Present: Chair Gerald Parent; Steve Cooney; Beth Singer; Alfred Pickard; R. Dennis O’Connell
Regrets: Vice Chair, Andrew Freeman
Others Present: Helen Miranda Wilson; Mike DeVasto; Ava Scott; Jan Morrissey; Attorney David Reid; Laura Kozak; Cherie Lombard; Patty Lemmy; Marian Rose
The Chair called the meeting to order at 7:00 P.M.
Announcements, Open Session & Public Comment:
The Chair announced that the public may speak on any article, and requested that audience members please state their names for the record.
Meeting Minutes
The minutes will be moved to the end of the meeting.
Public Hearing-Photovoltaic Increase in Height in the C2 District-Located off Coles Neck Road:
Chair Parent opened the Public Hearing at 7:05 P.M.
The Chair explained that this zoning bylaw amendment would change the height from 6 feet to 10 feet.
Chair Parent closed the Public Hearing at 7:06 P.M.
There was no discussion by the Board.
Public Hearing-Review by Board of Health at the Time of Filing a Definitive Subdivision Plan: Chair Parent opened the Public Hearing at 7:07 P.M.
The Chair explained that an applicant needs to submit a copy of the Definitive Subdivision Plan(DSD) with the Town Clerk’s Office to be filed with the Board of Health and The Planning Board at the same time.
Chair Parent closed the Public Hearing at 7:08 PM
O’Connell reported that the filing of a Definitive Subdivision process can be found in the Planning Board’s Subdivision Control Rules and Regulations.
Moved to update and add to the Subdivision Control Law by Pickard. Seconded by O’Connell, and the motion carried, 5-0.
Public Hearing-Petitioned Article: Food Trucks
Chair Parent opened the Public Hearing at 7:10 P.M.
The Chair explained that when a petitioned zoning article is submitted to the Town Clerk it must go before the Board of Selectmen, then be returned to the Planning Board. A public hearing is then scheduled by the Planning Board. Chair Parent reported that KP Law weighed in saying the Attorney General would probably not accept the petitioned article, and the reason being that the district needs to be uniform and an overlay district would need to be created. Resident and petitioner Suzanne Grey explained that this petitioned article was adjusted to meet the Planning Board’s comments, and she would like to see it as an overlay district.
Chair Parent closed the Public Hearing at 7:15 P.M.
The Planning Board continued with a discussion. O’Connell asked if this were to be rejected by the Attorney General, can it come back to Town meeting in two years. The Chair responded that if it got to Town meeting floor and it was voted down, the article, as written would be rejected. However, if changed to an overlay district, it may be in line to meet with guidelines.
Moved to not recommend the article as presented, by Singer.
Seconded by O’Connell.
The Board discussed amending the motion to reflect Town Counsel’s recommendation.
The motion stands as the original made by Singer, not to recommend the article as presented. The motion carried, 5-0.
Public Hearing-Home Occupation 6.22.2 (5) Zoning Bylaw
Chair Parent opened the Public Hearing at 7:17 P.M.
The Chair explained that this is a Planning Board amendment, that started with a query from the Building Inspector regarding the word “concealed.” O’Connell suggested discussing the other Home Occupation petitions and taking the votes later. The Board would like to minimize the discretion of the Building Inspector, what the property owner deems appropriate, and wants everyone to be in agreement with the bylaw. The Board members will vote on the Planning Board’s proposed bylaw change, then review the petitioned articles.
Pickard said he is opposed to mandatory fencing and would like to change the bylaw to read “as necessary” and make fencing mandatory, if screening is required.
Helen Miranda Wilson stated she prefers the petitioner’s language rather than the Planning Board’s, and screening should be required. The Chair explained that there have been cases recently where neighbors can’t work out a solution to the screening situation and it becomes costly.
Chair Parent left the Public Hearing open.
Moved to approve and send to Town Floor, by Singer. Seconded by Pickard.
O’Connell recommended splitting the actions so the Board can go through the petitioned article before choosing which one to recommend to Town Meeting. The Chair clarified that they take a vote to make these changes, but not take a vote to put it on the Warrant, hear Petitioned Article 1, then decide which one to put on the Warrant. O’Connell said he would be comfortable with that.
Singer suggested to change the language to include “if necessary” and remove “reasonably”. Moved to amend the motion to make the proposed changes without sending it Town Floor, by Singer.
Pickard amended his second to reflect the amended motion.
The motion carried, 5-0
The meeting is still open, but not to the Public.
Moved to recommend to send to Town Meeting floor by Pickard.
Seconded by Cooney, and the Motion carried 5-0.
Public Hearing-Petitioned Article 2: Home Occupation 6.22.2 (5) Zoning Bylaw
Chair Parent opened the Public Hearing at 8:00 P.M.
Mike DeVasto was present to explain that he proposed a language change to the Zoning bylaws (ZBL) Section 6.22.2 Home Occupation 5): No exterior storage of Home Occupation-related materials or equipment is permitted on the Home Occupation premises unless reasonably screened from abutters and street by natural features, and/or suitable plantings of evergreens or deciduous shrubs and trees. A (6) six-foot stockade-type fence shall be deemed sufficient screening for all intents and purposes. Equipment as noted in Sections (9) nine and (10) ten of 6.22.2 from screening as well as any boats or accessory structures.
O’Connell thanked Mike DeVasto for recommending changes to the Board.
Chair Parent closed the Public Hearing at 8:05 P.M.
Moved to not recommend, by Singer. Seconded by O’ Connell, and the motion carried, 5-0.
Public Hearing-Petitioned Article1: Home Occupation 6.22.2 (5) Zoning Bylaw
Chair Parent opened the Public Hearing at 8:10 P.M.
The Petitioned Article 1 from Mike DeVasto would propose a change in the zoning bylaw to read: In order to protect the traditional fabric of Wellfleet’s shellfishing industry, marine aquaculture and shellfishing shall be allowed by right as a home occupation, customarily subordinate to residential use. DeVasto mentioned that he spoke with the Building Inspector that there was ambiguity defining aquaculture.
Chair Parent closed the Public Hearing at 8:15 P.M.
Moved to not recommend by O’Connell. Seconded by Singer, and the motion carried, 5-0.
Public Hearing-Affordable Flexible Residential Zoning Bylaw
Chair Parent opened the Public Hearing at 8:26 PM.
The Chair explained how the Affordable Flexible Residential Design(AFRD) takes the Cluster bylaw that has been discussed, and allows it to be more lenient. Patty Lemmy thinks this a great idea and a good start. Jan Morrissey asked if this passed, will they appeal the Cluster bylaw. Chair Parent responded in the future they will.
Ava Scott asked if this is limited to Wellfleet residents. The Chair responded that it’s not possible to do that.
Chair Parent closed the Public Hearing at 8:41 P.M.
Moved to present to Town Meeting and recommend by O’Connell. Seconded by Pickard, and the motion carried, 5-0.
Public Hearing-Marijuana Overlay District
Chair Parent opened the Public Hearing at 8:35 P.M.
The Chair described how this is a learning process for the Wellfleet Planning Board, Town Counsel, the Town of Wellfleet, and the State of Massachusetts. There are uses: growing, cultivating, and testing that are by-right. The Board has restricted all of the uses seen in this bylaw to the Marijuana Overlay District.
The Chair discussed that the Board will be discussing 9.3.4 Location, Section 9.3.4.2. Town Counsel has responded to the Board’s previous amendment proposal regarding the buffer zone where the Board had added child care facilities, playgrounds, youth facilities, beaches, etc., and stated that the final regulations on recreational marijuana released by Cannabis Control Commission only provide for a 500 ft. buffer from a public or private school k-12 and do not extend to other places where children commonly congregate. Accordingly, if the Town approves the buffer zone, as proposed in the article, the Town may face a legal challenge as being inconsistent with State law and regulations, and the Board should consider amending it at Town Meeting or at the next Planning Board Meeting.
He continued that they will also be discussing limiting where retail marijuana sales can go, and the reason they are limiting placement of retail marijuana sales in the Town of Wellfleet. The Cannabis Laws go into effect July 1st. If there is not a bylaw in place allowing retail trade somewhere in the Town, anyone can come into Wellfleet and apply for retail trade marijuana location where retail sales are allowed.
Jan Morrissey mentioned how Section 9.3.5.1 should read “the Registered Marijuana Dispensary (RMD) shall not be located…” She also requested clarification from the Board regarding the table under sub-heading Section 5.3.2, where Recreational Marijuana Establishments (RME) and RMD’s will be allowed.
Helen Miranda Wilson asked the Board why marijuana establishments are not allowed in Town, but alcohol establishments are, and why this is being allowed. O’Connell responded that the Board had been told by Town Counsel that marijuana café’s had not yet been approved by the Cannabis Commission and such establishments had not been defined.
Laura Kozak doesn’t understand the need to rush to a decision and why there isn’t a moratorium on this. The Chair explained that the Warrant is closed and there was never a request for a moratorium, based on the information provided by Town Counsel. Marian Rose requested the possibility of restricting the hours of operation in Section 9.3.5.2. O’Connell suggested bringing the request to Town Meeting. The Chair added that the Special Permit Granting Authority is responsible for setting the hours.
Attorney David Reid asked why Recreational Marijuana Retailers (RMR) are not mentioned in 9.3.4.1. Chair explained that the Table takes precedence and this has been reviewed by Town Counsel. Attorney Reid also asked about the wording in Section 9.3.5.12, and suggested that it read: ”All RMD’s or RME’s must only access and egress from route 6 or from ways within the MOD Overlay District.”
Cherie Lombard asked about 9.3.4.2 Paragraph F and why the rail trail isn’t considered a place where children congregate. It was explained that it is not a common event, like a sports game or playground, where children regularly congregate.
Chair Parent said he thinks the Board should let the 300 ft buffer zone should go to Town Meeting floor.
Chair Parent closed the Public Hearing at 10:15 P.M.
Moved as amended, by Pickard. Seconded by O’Connell, and the motion carried, 5-0.
Public Hearing-Special Permit/Site Plan Review for Impactful Commercial Uses Zoning Bylaw-There will be no public hearing as advertised, as the Planning Board had withdrawn this article.
C2 District-Nothing to note at this time
Liaison Reports-No reports at this time
Meeting Minutes-The minutes of January 17th, 2018 will be moved to the next Planning Board meeting.
Correspondence
-KP Law email regarding proposed food trucks in CD and C Zoning District, dated 3/20/2018
-KP Law email MOD Article, Section 9.3.4.2. dated 3/20/2018
-KP Law email regarding Home Occupation dated 3/20/2018
Topics for Future Concern-Nothing to note at this time
The meeting was adjourned by consensus at 10:30 P.M.
Public Record:
-Draft Planning Board’s Subdivision Control Rules and Regulations: Review by the Board of Health
-Draft Zoning Bylaw: 6.35 Special Permit Site Plan Review for Certain Impactful Uses
-Draft Zoning Bylaw-9.3. Marijuana Overlay District
-Draft Zoning Bylaw: 6.6 Affordable Flexible Residential Design
-Draft Zoning Bylaw: 6.22 (5) Home Occupation
-Draft Zoning Bylaw: Petitioned Article1: Home Occupation 6.22.2 (5)
-Draft Zoning Bylaw: Petitioned Article2: Home Occupation 6.22.2 (5)
-Draft Zoning Bylaw: Section X: X-Large Scale Ground-Mounted Solar Photovoltaic Installations
-Draft Zoning Bylaw: Petitioned Article: Food Trucks
-KP Law email regarding proposed food trucks in CD and C Zoning District, dated 3/20/2018
-KP Law email MOD Article, Section 9.3.4.2. dated 3/20/2018
-KP Law email regarding Home Occupation dated 3/20/2018