Wellfleet Selectboard ~ Executive Session ~ Virtual

Event Date:

Tuesday, November 30, 2021 - 6:00pm

Wellfleet Selectboard

Note: Start Time of 6pm

The Wellfleet Selectboard will hold a public meeting on Tuesday, November 30, 2021, at 6:00 p.m. This meeting will be held via Zoom Video Conference in accordance with the temporary suspension and enhancement of the Open Meeting Law requirements by Governor Baker. Instructions for a Zoom video conference meeting which also allows phone dial-in are given below:

1. Join the meeting hosted in Zoom by using the following link:

https://us02web.zoom.us/j/85689604806?pwd=blplVFFBZzViQ0xNWkZKMm9iMVdrdz09

2. Audio, video, chat, and screen sharing functions will be disabled during the public session. Request to participate by using the “raise hand” function. Meeting ID: 856 8960 4806 | Passcode: 611877

a. Raise hand in smartphone app – touch bottom of your screen and select “more” - hit “raise hand” button

b. Raise hand on computer – hit “participants” button on bottom of screen – hit “raise hand” button on bottom of participants panel

c. Please make sure you properly identify yourself before speaking, rename yourself by selecting the participants button and choosing “more” (or by holding down on your name on a smartphone app) and selecting “rename” - full, legal names only.

d. Please join the meeting on time.

3. You may also listen to the meeting by calling in on a phone to +1 929 205 6099 and enter Meeting ID: 856 8960 4806 | Passcode: 611877 Landline callers can participate by dialing *9 to raise their hand.

4. You may submit questions and comments to the Town using the following email: executive.assistant@wellfleet-ma.gov Comments made during the meeting via e-mail will be sent to Selectboard members AFTER the meeting.

5. Meeting materials are attached to this agenda, available online at Wellfleet-ma.gov. It is recommended that phone participants access materials in advance of the meeting.

6. Please follow the following general instructions:

a. Keep your phone muted at all times when not talking; no one is allowed to unmute themselves during the meeting.

i. Selectboard meetings are NOT interactive. If public comments are allowed that’s all, comments only, not questions.

ii. If the Chair is allowing comments during the meeting the number of comments will be limited and may be no longer than one minute.

b. Do not use speakerphone; do not use Bluetooth devices; mute all background noise.

c. Please do not speak until the Chair asks for public comments or questions and you have been recognized by the moderator and unmuted.

d. After the business section is complete no public comments are permitted. Future agenda items are from the Selectboard, no one else.

7. It is anticipated that the meeting will be recorded by the Town. Anyone else desiring to record the meeting may do so only after notifying the chair and may not interfere with the conduct of the meeting in doing so.

AGENDA

I. Announcements, Open Session and Public Comments

***Note: Public comments must be brief. The Board will not deliberate or vote on any matter raised solely during Announcements & Public Comments.***

II. Committee Updates

RPAC layout of Rd. used to access the Lt. Island Boathouse.
Disclosure of Conflict of Interest ~ Melissa Yow

III. Business

Town Council where they are trying to engage with NPS relative to land exchange.

IV. Adjourn Open Session not to go back into open session.

V. Executive Session pursuant to G.L. Chapter 30A, Section 21(a), purpose 6. “To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the nego tiating position of the public body.” The Board will discuss the status of and strategy with respect to the following real estate negotiations, and the Chair declares that discussing these items in open meeting may have a detrimen tal effect on the negotiating position of the Town:

Omaha Road
Lt. Island Boathouse
National Park Service land swap associated with the Herring River restoration project

VI. RPAC Adjournment

VII. Executive Session pursuant to G.L. Chapter 30A, Section 21(a), purpose 3, “To discuss strategy with respect to… litigation if an open meeting may have a detrimental effect on the … litigating position of the public body and the chair so declares.” The Board will discuss strategy with respect to the following pending litigation, and the Chair declares that discussing these items in open meeting may have a detrimental effect on the negotiating position of the Town:

Verney, et al. v. Zoning Board of Appeals, et al., Barnstable Superior Court, C.A. No. 1772CV00632 relative to a abutters’ appeal of the Zoning Board of Appeal’s (“ZBA”) 2107 grant of a comprehensive permit pursuant to G.L. c. 40B to Community Housing Resource, Inc. to construct two structures located at 120 Paine Hollow Road.
Sexton v. Wellfleet Housing Authority, et al., Land Court, C.A. No. 17MISC000728 relative to Sexton’s claim to title of the parcels of land, 324 Old King’s Highway, comprised of parcels 85 and 85.1 on Assessor’s Map 23 (the “Property”) upon which an affordable housing development has been constructed
Magida, et al. v. Wellfleet ZBA and Habitat for Humanity, Barnstable Superior Court C.A. No. 1972BACV00408 relative to an abutters’ second appeal challenging a comprehensive permit issued to Habitat for Humanity to construct single-family houses off Old King’s Highway.
Rispoli Ventures, LLC v. Wellfleet ZBA, Orleans District Court Case No. 2026CV0074. Owner sought variances and special permits in order to install a 21foot tall illuminated replica of the Eiffel Tower at P.B. Boulangerie and Bistro at 15 Lecount Hollow Road. The ZBA determined that the Eiffel Tower replica was a sign and denied the requested relief, and owner appealed.
Cook Family Trust, II, Kevin Sexton, Trustee v. Wellfleet ZBA, Land Court Case. No. 21 MISC 000457. Owner appealed Building Inspector’s issuance of a cease and desist order to the ZBA relative to clearing of trees in order to expand parking and add a driveway to cottage colony at 420 Lecount Hollow Road. The ZBA upheld the Building Inspector’s order and further found that owner would need a special permit/finding in order to alter or expand a pre-existing nonconforming cottage colony.
Great White Realty Group, LLC v. Wellfleet ZBA, Land Court Misc. Case. No. 000255. Owner appealed three cease and desist orders issued by the Building Commissioner to the ZBA relative to property located at 1065 State Highway, Route 6, which owner intends to lease for the operation of a contractor’s yard and related storage and processing of topsoil. The ZBA upheld al three cease and desist orders and denied the applicant a special permit for open bulk storage and light industry.

VIII. Minutes

January 5, 2021
February 3, 2021
April 8, 2021
July 12, 2021
August 10, 2021
October 18, 2021

IX. Adjournment of Executive Session