Planning Board Minutes
Wellfleet Planning Board
Wellfleet Senior Center, 715 Old King’s Highway
February 14, 2018, 7:00 p.m.
Present: Chair Gerald Parent; Steve Cooney; Beth Singer; Alfred Pickard; Andrew Freeman; Assistant Town Administrator Brian Carlson
Regrets: R. Dennis O’Connell
Chair Gerald Parent called the meeting to order at 7:05 p.m. He explained that the Medical Marijuana Public Hearing and the Food Truck Public Hearing had been advertised for the meeting. However, additional information for Marijuana bylaws is being taken under consideration.
Public Hearing – Food Trucks
Alfred Pickard disclosed that he owns property in the C2 District and offered to recuse himself from the meeting, but the consensus of the Board was that he should stay.
Chair Parent opened the public hearing on food trucks at 7:10 p.m. The food truck bylaw is a petitioned Article for Town Meeting. Planning Board has also prepared a two Warrant Articles concerning food truck bylaws, which have already been advertised and voted upon. Those are in effect until Town Meeting, Parent said.
Curt Felix presented his petitioned Article for food trucks. He said his proposal was to allow food trucks in the C2 District on Route 6. He agreed that the rest of his Article was the same as the Planning Board Article.
Steve Oliver stated his objection to having retail sales in the C2 District on Rte. 6. Jan Morrissey asked about special permitting vs. by right allowance of food trucks. Mr. Felix agreed that his petitioned Article allows for special permitting. Peter Hall requested a look at the map depicting C2 District.
The public comment period was closed, and Curt Felix answered questions from the Board. He said the language of his proposed bylaw would allow for food trucks on lots that were contiguous to Rte. 6 and another road. He said he would be willing to specify that the food trucks were to operate only on the Rte. 6 side of the lot.
Board members expressed their thoughts on the petitioned Article for food truck bylaws. Beth Singer and Alfred Pickard did not like limiting the Rte. 6 C2 District to only one type of retail business. Singer, Cooney, Pickard and Parent were all concerned about the impact on the traffic on Rte. 6. Parent gave background on the creation of the C2 District. He discussed Rte. 6 traffic issues that would worsen with the addition of food trucks.
Chair Parent polled the Board to see if members would change their vote if the Central District were included. Results were: Freeman - yes, Singer – no, Cooney – no, Pickard -no.
The Public Hearing closed at 7:18 p.m.
Beth Singer moved to not recommend the petition article as presented. Cooney seconded, and the motion carried 4-1.
Pleasant Point Bulkhead - Discussion
The owner of the Bulkhead property at Pleasant Point had asked the Planning Board about ANR requirements. They are required to do a survey as a part of the process. Alfred Pickard had suggestions of how lot lines and bounds should be placed on the property. His suggestions were for markers and allowances of land for beach re-nourishment.
Expansion of White Crest Beach Parking Lot – Discussion
The Board discussed the Selectmen’s proposal for the expansion of the White Crest Beach parking lot. Chair Parent noted a letter from Town Manager Dan Hoort regarding the addition of parking spaces at the White Crest lot. Parent said this was in response to citizens’ letters of concern. He said municipal uses of property do not require special permits. However, he asked if the Board would like to see and review the engineered plan, give input on traffic on Ocean View Drive, and comment on 600 parking spaces at the site. Assistant Town Administrator Brian Carlson reviewed the scope of the plan. A traffic study was not included in the engineer’s contract.
Board members offered their thoughts. Andrew Freeman said he was willing to consider the issue if directed to do so by the Board of Selectmen. Select Person Janet Reinhart commented on traffic on Ocean View Drive. She said she favored a Planning Board review. Singer, Cooney, Pickard and Parent said the Planning Board should be involved. Chair Parent will send a letter to the Town Administrator recommending that the parking lot plans be forwarded to the Planning Board for review.
Medical Marijuana
Parent discussed the review that Town Counsel has recommended to meet the most current laws governing marijuana establishments. Town Counsel recommends creating a bylaw for Recreational Marijuana in addition to Medical Marijuana. Attorney Valerio Romano, representing Atlantic Medicinal Partners (AMP), was present to discuss efforts to establish their medical marijuana dispensary in Wellfleet. He commented on the proposed bylaw Town Counsel had prepared. Overall, he found the draft satisfactory. Mr. Romano will submit his comments to the Board to be on the agenda for next week’s February 21, 2018 meeting. Janet Morrissey recommended adding the expanded Medical and Recreational Marijuana to that agenda. She further asked that the Planning Board packet be posted online as well as the agenda.
Andrew Freeman asked that Town Counsel’s comment more on prohibition of marijuana cafes. Attorney Romano said there must be an affirmative Town vote to allow marijuana cafes.
The Board examined the bylaw prepared by Town Counsel. They considered if recreational marijuana shops could be placed outside of the Overlay District. Pickard, Singer, Cooney, and Freeman agreed it was late for changing the district. Freeman said the bylaw needs to be created by July 1, 2018.
The Board discussed allowing marijuana cafes. Attorney Romano had advice on locating cafes. Beth Singer said 9.3.3.3.2 on site usage could be removed. Alfred Pickard said Town Counsel should comment on whether the cafes should be prohibited in certain areas or completely prohibited at this time. Planning Board also discussed distance requirements from schools, churches and other areas where children congregate. The hours of 8 a.m. to 8 p.m. in the original bylaw seem suitable. Marijuana facilities should have access solely from Rte. 6 in the cases of lots that span Rte. 6 and another street. Planning Board will contact the police for input on traffic flow.
Section II of Subdivision Rules & Regulations – Discussion
The Board discussed “Section II: Submission and Approval of Plans” in the Planning Board Subdivision Control Law Regarding Rules and Regulations. When a subdivision is filed, the applicant needs to submit to the Board of Health notification of that filing. The BOH has 45 days to act before the Planning Board grants a definitive subdivision. Planning Board worked on language to ensure proper notification of submission of subdivision plans to the Board of Health.
Proposed Amendments for Solar Photovoltaic Installations
Wellfleet Zoning Bylaws, “Section X: Large-scale Ground-mounted Solar Photovoltaic Installations” currently allows a height not to exceed six (6) feet at their tallest orientation. A proposed amendment for Section X increases the allowance to eight (8) feet.
Lilli Green gave background on the height requirements needed for the most effective use of ground-mounted solar photovoltaic installations. She recommended an increase of an allowance of ten (10) feet.
Singer moved to change the limit to a height of up to ten (10) feet. Pickard seconded, and the motion carried 5-0.
Impactful Commercial Uses Zoning Bylaw – Discussion
Planning Board members discussed the Special Permit/Site Plan Review for Impactful Commercial Uses Zoning Bylaw as amended by Town Counsel. They considered thresholds for “traffic trips.” A definition of “traffic trip” needed to be defined as in and out of the site. The number of trips will be set as 100. The Board discussed: use of a majority for granting waivers, percentage of glass for building facades, signage compliance, sign specifications, outside display, and permit granting authority as the Appeals Board.
Beth Singer moved to approve the amended Special Permit/Site Plan Review for Impactful Commercial Uses Zoning Bylaw. Steve Cooney seconded, and the motion carried 4-1.
.Covenants for 125 Marven Way and Amended Samuel Hall Subdivision Covenant
Board members present signed the Mylar sheet and covenant for 125 Marven Way (Map 21, Parcel 26) and for the Samuel Hall Subdivision, 325 Old King’s Highway (Map 23, Parcel 73).
Agenda for Next Meeting
Items on the agenda that remained will be on the agenda for next week’s meeting, February 21, 2018:
- Affordable Flexible Residential Design - Discussion
- Shellfish Screening – Discussion
- Liaison Reports
- Marine Aquaculture – Discussion
- Minutes
- Topics of Future Concern
A bylaw for all marijuana establishments will also be on the agenda.
Adjournment
The meeting was adjourned by consensus at 10:12 p.m.
Respectfully submitted,
Mary Rogers, Secretary
Public Records material of 2/14/18
- Draft Zoning Bylaw for Special Permit/Site Plan Review for Impactful Commercial Uses
- Amendments to Section X Large-scale Ground-mounted Solar Photovoltaic Installations Bylaw