Planning Board Minutes | Wellfleet MA

Meeting date:

Wednesday, December 6, 2017

Wellfleet Planning Board

Wellfleet Senior Center, 715 Old King’s Hwy

December 6, 2017, 7:00 PM

Members Present: Chair Gerald Parent; R. Dennis O’Connell; Steve Cooney; Beth Singer; Alfred Pickard

Others Present: Christopher Fusko

Regrets: Vice Chair, Andrew Freeman; Assistant Town Administrator, Brian Carlson

Chair Parent called the meeting to order at 7:00 P.M.

Announcements, Open Session & Public Comment:

No announcements at this time.

Meeting Minutes

Motion to approve the minutes of November 14, 2017, as submitted, by O’Connell.

Seconded by Cooney, and the motion carried, 3-0. Singer abstained.

Public Hearing-DSD-Samuel Hall Trust-Amended

Chair Parent recused himself from the public hearing.

Motion for a temporary Chair O’Connell by Singer. Seconded by Pickard, and the motion carried, 5-0.

O’Connell requested from the Board members to have Chair Parent remain in the room. The Board agreed.

The public hearing was opened by O’Connell at 7:04 P.M.

O’Connell continued with the public hearing as acting chair. Abutter Christopher Fusko was present to find out more information, and stated that he had no objections to the Plan. O’Connell asked Mr. Fukso if he was aware that the plan was previously approved, and explained that the removal of the MESA lines was the only change because the land was no longer covered by the Endangered Species Act (MESA). He continued that the State controls MESA not the local level of government. O’Connell noted that the only comment from any Town departments came from the DPW.

O’Connell closed the public portion of the public hearing and opened the discussion to the Board.

The Board members continued the discussion. O’Connell commented on the DPW’s request for the 45’ cul-de-sac, and that it doesn’t need to be that big if it’s not going to be serviced with any regularity. Pickard suggested that if the paving were to occur the Fire Department should have weighed in.

Motion to approve the plan dated 10/30/2017, as presented, by Pickard.

Singer seconded, and the motion carried, 4-0.

O’Connell closed the public hearing on for DSD-Sam Hall Trust at 7:09 P.M.

O’Connell turned the meeting over to Chair Parent at 7:11 P.M.

Discussion-Draft Special Permit for Site Plan Approval and the C2The Board discussed the Draft Zoning By-Law Special Permit/Site Plan Review, sent by Carolyn Murray, Town Counsel.

Pickard mentioned that the Building Inspector suggested the parking spaces should set the cap, and the number of spaces be clarified, and used as a possible trigger and it might simplify the matter. If you use parking spaces as a requirement, then you aren’t going to get structures of a certain size, because the zoning bylaw is clear on whatever that entity generates. When previously proposed to Town Counsel, she responded no, because someone could buy the land next to it, and use it as parking. The Board discussed how to set a cap on the number of spaces and what types of businesses would be affected.

Chair Parent said that people are more inclined to worry about a formula-type business replacing a similar type of local business. Depending on the type of business and patrons who frequent the establishment, people from the city wouldn’t care about parking spaces. O’Connell would like to pursue the limit on parking spaces matter.

Cooney asked if talking parking spaces and suggested that it is tied to square footage? Singer responded that restaurant’s square footage is tied to seating. Pickard responded that seating is determined by Board of Health.

The Board continued by reviewing the draft from Town Counsel, and discussed proposing the following amendments:

6.53.2. Applicability: O’Connell thinks they should add 5.3.4. as well as in Part B.

Change Section 8.42 to Section 8.4.2.

6.35.3 Administration: Delete “related”.

6.35.4 Application: In response to Katherine Laughman’s question, “Do you want to require 13 copies, 12 of which shall be transmitted to the Board and one of which shall remain on file with the Town Clerk?” The board responded “yes”.

6.35.4 Application: Left justify A-I, and add Planning Board to the Town officials.

Section 6.35.5 Hearing and Decision: Change “Shall” to “Shall be”

Section 6.35.6 Waivers: Change “discretion” to “opinion”; change “to be in the best interests” to “not be materially adverse to the interest of the Town”.

Section 6.35.6 Waivers: In response to Braintree Mass: “Consider quantum of vote for granting waivers” the Board responded, “On the assumption that the Special Permit will need a Super Majority-should the waivers require a Super Majority”.

Section 6.35.8 Criteria Part C, Number 1: In response to, “Building sites shall avoid…” the Board inquired “Does this include outside improvements?”

Section 6.35.8 Criteria Part C, Number 2: In response to, “…to the extent possible” the Board inquired, “How do we include provisions to control the amount of glass on the front side of the building?”

Section 6.35.8 Traffic, Number 2: Strike “Planning”

Section 6.35.8 Control of Glare and Light Trespass, Part 3: Change “into” to “onto”.

Section 6.35.8 Signage: The Planning Board inquired if they can refer to the ZBL Section VII Signs?

Section 6.35.8 Outside Displays/Outside Use, Paragraph one: Referencing “…which is kept in place after daily business hours”, Braintree, MA questioned, “Do we want this to apply even if the Displays are taken in at night? Further discussion needed about prohibiting displays in front yard only but allowing in back yards. If allowed, consider shielding and screening, esp. If a corner lot”, the Board responded, “Yes, take the signs in”

Section 6.35.8 Outside Displays/Outside Use, Number 2: Change from (10) feet high to 13.6’
Section 6.35.8 Outside Displays/Outside Use, Number 3: “Change to Police Chief, Fire Chief, or Building Inspector”.

Section 6.35.8 Outside Displays/Outside Use, Number 5: Change “landscaped” to “vegetated”.

Section 6.35.10 Final Action: After the word Town in number 2, add, “or public safety.”

Section 6.35.10 Final Action: The Board asked, “how can we require that as-builts be provided to the Board and the Building Inspector?”

The amendments to the draft will be noted then sent to Town Counsel. The discussion is tabled to a future meeting.

Liaison Reports-O’Connell reported that the Charter Review Committee is close to a final updated draft of the Charter and will put something to the Selectman soon.

Correspondence-Hearing Notice: Cape Cod Commission-Proposed Amendment to Chapter A-Enabling Regulations Governing Review of Developments of Regional Impact dated 12/14/2017

Topics for Future Concern-No topics discussed at this time.

Motion to adjourn by Pickard and seconded by O’Connell.

Public Record:

-DSD 17-04-Samuel Hall Trust Subdivision-Amended

-Draft- Draft Zoning By-Law-Special Permit/Site Plan Review dated November 22, 2017

- Hearing Notice: Cape Cod Commission-Proposed Amendment to Chapter A-Enabling Regulations Governing Review of Developments of Regional Impact