Planning Board Minutes

Meeting date: 
Wednesday, June 15, 2016

Wellfleet Planning Board

Minutes of Meeting on Wednesday, June 15, 2016

Council on Aging, 7:00 PM

Members Present: Andrew Freeman, Janet V. Morrissey, R. Dennis O’Connell, Gerald E. Parent, Chair, Alfred Pickard

Members Absent:

Others Present: Assistant Town Administrator Brian Carlson

Chair Parent opened the meeting at 7:00 PM.  He stated that he has had some health issues, but his prognosis is good and he will be available through email until he is cleared to return to regular service on the Board. 

Landing Strip Letter to Board of Selectmen

O’Connell distributed the material that had been supplied by Chet Lay regarding the Landing Strip, Map 42, Parcel 601.  The Board would like to discuss the material with Lay before drafting a letter to the Board of Selectmen.

Draft Scenic Roads Maintenance Policy Discussion

Vice-Chair Morrissey shared with the Board the definition of a “public shade tree” according to MGL Chapter 87.  A tree, by definition, is 1.5 inches or greater in diameter at one foot above ground level.  The statute states that the Tree Warden cannot cut a tree within the layout of a road without a public hearing having first taken place.  An exception is made for specific emergency issues.

O’Connell stated that a distinction should be made for Scenic Roads and typical public roads.

The Board agreed that it cannot follow the proposed policy because it suggests granting permission to cut trees on Scenic Roads without a public hearing.

Vice-Chair Morrissey agreed to re-draft a letter to DPW Assistant Director Paul Lindberg regarding the draft Scenic Roads Maintenance Policy.  ATA Carlson will email the draft letter to members a for comment before it’s sent to Paul Lindberg.

Chair Parent left the meeting at the end of this discussion.

Town Counsel Input on Formula Business Bylaws

Town Counsel’s information came too late to be included in the Planning Board meeting packets so the discussion was tabled until next meeting.  Vice-Chair Morrissey suggested that the Board determine the focus of the discussion going forward. 

Public Hearing Notifications: Building Inspector & Zoning Board

O’Connell requested clarification on when notifications are to be sent to the Building Inspector and the Zoning Board of Appeals.

Vice-Chair Morrissey agreed to check with the Town Clerk as to when a public hearing is officially published.  This date is crucial in determining at which point regulations are frozen and permits are under different regulation. 

Pickard suggested that the Planning Board should develop a plan and then discuss it with Town Counsel. 

Update from Martha Hevenor regarding Vacant Lot Map, Cluster Housing and Shared Septic Systems

Hevenor will be at the next Planning Board meeting to discuss any updates that she may have.

Zoning Board of Appeals (ZBA) Decision for Recreation Department Signs

The Board reviewed The ZBA’s response to the Planning Board’s memo regarding a special permit for Recreation Department program posters.  It seems that the applicant by-passed the Building Inspector and went directly to the ZBA.  Apparently, the ZBA acted without a denial from the Building Inspector.  The Board questions whether the ZBA has jurisdiction over Zoning Bylaw, Section VII – Signs. 

O’Connell would like to add to the list of Topics of Future Concern a discussion on Section VII that would include the discrepancy between the regulation and enforcement of those regulations and the fact that there is no reference in the bylaw for temporary signs.

Meeting Dates for July and August

The Board will be meeting on July 13, and August 10, 2016.

Minutes

O’Connell moved to accept the June 1, 2016, Planning Board Minutes as amended; Pickard seconded; the motion passed 4-0.

Correspondence

O’Connell received an email from Association Preserve Cape Cod regarding zoning reform.  The Board agreed that it should be included on an email list that would include zoning updates and updates from Town Counsel.  The Board asked ATA Carlson to follow up.

Topics for Future Concern

  • Lawsuit Old King’s Highway Community Housing Project
  • District Local Technical Assistance Grant Project
  • Local Comprehensive Plan Survey
  • Draft Minutes as Public Record
  • Signs Bylaw Review
  • Officer Election Reorganize in August
  • New TA invited to meeting in Sept.
  • Priority List for August
  • Research on Educational Resources for the Planner and Town Counsel updates August

Agenda for Meeting on July 13, 2016

  • PSD 0 School St
  • Landing Strip Letter to Board of Selectmen
  • Town Counsel Input on Formula Business Bylaws
  • Update from Martha Hevenor regarding Vacant Lot Map, Cluster Housing and Shared Septic Systems
  • Current Assessor’s Atlas for the Planning Board
  • Public Hearing Notifications: Building Inspector & Zoning Board
  • ZBA Decision on Rec. Dept. signs

Adjournment

O’Connell moved to adjourn; Freeman seconded; the motion passed 4-0.

The meeting was adjourned at 8:45 PM.

Public Records of June 15, 2016:

  1. Packet of correspondence regarding the Landing Strip, dated 12-20-06

  2. Financial information concerning the Landing Strip, starting 2008

  3. Background Information on the Landing Strip, Map 42, Parcel 601

  4. Email to ATA Carlson/Town Counsel dated 4-22-16

  5. Memo from J. Morrissey to the Planning Board dated 6-7-16

  6. Memo to ZBA & TA Terkanian dated 6-2-16

  7. Response from ZBA dated 6-6-16