Planning Board Minutes
Wellfleet Planning Board
Minutes of Meeting on Wednesday, July 15, 2015
Council on Aging, 7:00 PM
Members Present: Gerald E. Parent, Chair, Andrew Freeman, Eric Larsen, Janet V. Morrissey, R. Dennis O’Connell, Alfred Pickard
Members Absent: Janet Reinhart
Others Present: John Arsenault, Michael Banghart, Assistant Town Administrator/Planner Brian Carlson, Nicholas Kirkpatrick, Donna McCaffery, Joseph Rugo,
Chair Parent opened the meeting at 7:03 PM
Food Truck Bylaw Discussion
Michael Banghart and John Arsenault explained to the Board the difficulties they have faced this spring in trying to set up their new food truck business in town. The Town of Wellfleet does not offer much guidance when it comes to vendors who want to bring their businesses to town. The two have been given permission from the Board of Selectmen to use the east end of the town pier for three nights per week (Fri., Sat., & Sun.) from 6-9 PM. They request that the Board draft a definition for the term “food truck” or “mobile food vendor” that will help provide clarity on the issue going forward.
Morrissey pointed out that the State granted the local Boards of Selectmen authority to determine the rules and regulations specific for their municipality for mobile food vendors.
Pickard noted that this issue should be addressed in the Zoning Bylaws. In his opinion, the process should be to obtain a Special Permit from the ZBA first, then receive a license to sell from the Board of Selectmen.
Chair Parent wants to be sure that the town is following the zoning bylaws.
O’Connell asked if there were any conditions placed on the license by the Board of Selectmen. Banghart answered that the only conditions put on the license are what the State already requires, including that the food truck needs to pass the Board of Health inspections.
The Board discussed various decisions by the Board of Health and Board of Selectmen, including the licensing of Sunbird and Joey’s Food Trucks. It appears to the Board that licenses and permits have been granted to various mobile food vendors in an inconsistent manner.
Chair Parent pointed out that a mobile food vendor is required to have a HACCP (Hazard Analysis and Critical Control Point) approved location, such as a commercial kitchen or commissary, for cleaning, sanitization, and food preparation.
Freeman stated that the Planning Board should define the term and then decide on appropriate districting.
ATA Carlson agreed that it would be helpful if the Board provided more guidance and structure for administering food trucks. Defining the term would be a good place to start.
Chair Parent stated that the Board appears to be in favor of drafting a definition for the term, determining conditions and Use Regulations, and proceeding from there. As inspections are required by the State, it would be useful to have Health Agent Hillary Greenberg-Lemos attend a Planning Board meeting and explain the Board of Health’s requirements.
Morrissey would like clarification on the delineation between the Board of Selectmen responsibilities and those of the Planning Board in order to determine whether this issue is under the purview of the Planning Board.
Parent brought up that if the Planning Board determined the proper zoning districts for the location of a mobile food vendor, then an applicant could bypass the ZBA and the Board of Selectmen could decide whether to issue a license.
Pickard commented that an advantage to obtaining a Special Permit through the ZBA is that it provides a more permanent or binding arrangement than getting temporary permission from the Board of Selectmen.
Chair Parent would like TA Terkanian to ask the Town Counsel to clarify the purview of the Planning Board in this matter in order to continue the discussion at the Board’s first meeting in September. (September 2, 2015)
Lot Area & Floodplains
O’Connell presented the proposed changes to the bylaw for the definition of lot area and for section 6.14.2.
Morrissey suggested some revisions to the language.
Freeman made the motion to approve the definition as amended and changes to section 6.14.2;. Morrissey seconded; motion passed 6-0. The Board agreed to schedule another public hearing closer to the date of the ATM.
Medical Marijuana District Boundaries
Donna McCaffery of the Even’tide Motel in S. Wellfleet would like to have part of the C2 district along Rt. 6 removed from the Medical Marijuana Overlay District (MMOD) because of concerns over the potential installation of a Marijuana Dispensary near her motel. She states that she has a playground on her property and children often congregate there. She proposes that the lower section of the C2 District, from just north of Freedjum Rd to just east of Lt Island Rd, be removed.
O’Connell provided the Board with a map of the area in question. It shows the C2 District with a mix of businesses and residential homes. Ms. McCaffery is primarily concerned about the vacant subdivision in progress just north of her property, and wants to ensure that no Marijuana Dispensary is built there. Her property is within 300 feet of the Josem Way Subdivision.
Chair Parent stated that by definition a playground is public property. A motel is private property and her playground is not necessarily eligible for the 300 foot buffer zone allowed for public playgrounds in the MMOD.
Morrissey reminded the Board that it cannot spot zone by order of the Attorney General.
The Board discussed the merits and logistics of removing the proposed section from the MMOD. Alternatives do not include taking out the Even’tide Motel and the Josem Way SD exclusively. The Board considered taking out the section of the C2 District from above Josem Way down to the southern end, just north of Freedjum Rd.
Any change would have to be presented at a public hearing, and then go to Town Meeting for approval.
Pickard made the motion to ask Town Counsel whether taking out the proposed section of the C2 District constitutes spot zoning, or if shrinking the district in that way has any other repercussions, and to provide the Board with the legal definition of a “playground”; Larsen seconded; the motion passed 6-0.
Habitat for Humanity DSD Filing Fee Waiver
Morrissey moved to waive the filing fee for Old King’s Highway Community Subdivision; O’Connell seconded; the motion passed 6-0.
Minutes of 6/3/15
Approval of the minutes was tabled until revisions can be made.
Correspondence
Tim Brady of East Cape Engineering sent a letter regarding the Josem Way Subdivision. ATA Carlson was asked to contact Tim Brady and relay the Planning Board’s opinion that he should proceed with the plan of corrective action as proposed.
Topics for Future Concern
- Lawsuit regarding the Old King’s Highway Community Special Permit – the Board would like to be briefed by Town Counsel
- Nextel Telecommunications Tower –Site Restoration Bond has been cancelled by the applicant
- District Local Technical Assistance funding for cluster and cottage colony bylaws from the Cape Cod Commission
- The Board would like to have the revised set of Zoning Bylaws published and distributed as soon as they have been approved by the Attorney General.
Agenda for Meeting on August 19, 2015
New Officers
DLTA
Special Permit Procedures
Scenic Roads Hearing: tree removal at 550 Pamet Point Rd
Agenda for Meeting on September 2, 2015
Food Truck Bylaw Discussion continued
Adjournment
Larsen moved to adjourn; Morrissey seconded; the motion passed 6-0.
The meeting was adjourned at 9:44 PM.
Public Records of July 15, 2015:
- ZBA Decision 06-28
- ZBA Decision 10-20
- Mass DoPH RF-12 dated 6-15-10
- Mass DoPH 105 CMR
- Memorandum from Stephen D. Coan dated 9-1-14
- Mass GL Chapter 101, Sec. 3
- Town of Yarmouth Supplemental Food Service Regulations
- Town of Wellesley Rules & Regs Governing Takeout Food Served by Mobile Food Vendors
- Lot and Floodplains document dated 6-9-15
- Letter from Slade Assoc. dated 3-12-98
- PB Minutes pertinent to C2 Medical Marijuana Overlay District
- C2 District Map
- Letter from Habitat for Humanity dated 6-16-15