Wellfleet Planning Board
Minutes of Meeting and Wednesday, October 15, 2008
Senior Center Duck Pond Room, 7:00 p.m.
Present: R. Dennis O’Connell, Chairman; Barbara Gray, Ronald Harper, Griswold Draz, Gerald Parent, Alfred Pickard; Rex Peterson, Assistant Town Administrator
Absent: David Rowell
Chairman Dennis O’Connell opened the hearing at 7:02 p.m.
7:00 p.m. Hearing
Petitioned Article and Amended Article for Special Town Meeting Warrant
Gooz Draz explained Articles 4 and 5. Article 4 was a petitioned article. It consists of a sliding scale for site coverage. Article 5, he said, provides new standards and criteria for the ZBA to work with. Draz reported that the National Seashore Home Owners Association’s Executive Committee had recommended Articles 4 and 5. The petition for the article had been signed by over 170 Wellfleet residents, he said. Draz also exhibited the letters and a general petition in favor of the proposals advanced in Articles 4 and 5.
Draz answered Planning Board questions on maximum sizes, appeal process, petitioned articles, town-wide large house issues, similarities in Articles 5 and 7, Planning Board as Site Plan Review-Special Permitting Authority, definitions in Article 4, the 50% expansion criterion in Article 6, and the difference between ratio formulas and size caps.
From the floor, Kathleen Bacon asked how 6.1.5, non-conformity is addressed and about Draz’s motivation for promoting the petitioned article. He said that the Blasch case was the impetus that moved him to action.
There was further discussion of the 50% criteria for Special Permit cases as set in Article 6, Standards & Criteria 6.24.3. Ben Zehnder had recommendations for clarification of bylaw clauses. He also had questions about the difference of language as published in the Warrant and the legal advertisement. Zehnder questioned the legality of a Planning Board member presenting a petitioned Article while sitting on the Board. Draz stated that he was representing himself as petitioner, not as a Planning Board member.
Other comments were made on the Articles. Selectman Dale Donovan discussed the definition of Dwelling Space Area. Olga Khan asked about deck height in the Exterior Spaces definition. She also asked about getting definitions on the same page of the Zoning Bylaws. Peter Watts came forward as an executive member of the National Seashore Homeowners Association. He read a portion of a letter sent out to all Seashore District homeowners indicating that NSHA Executive Committee recommends Articles 4 and 5. Aylette Jennes asked that clear explanations be given at Town Meeting. Lauren McKean, Planner for the National Seashore said that Superintendent George Price had submitted a letter recommending Articles 4 and 5. The Seashore recommended that the NSP District references be struck from Article
6 and 7 if they are to go forward in the Town Meeting Warrant.
O’Connell closed the hearing at 8:25 p.m., and the regular meeting began.
Recommendations for Special Town Meeting Warrant
Gooz Draz recused himself from deliberations.
O’Connell moved to recommend Article 4. Gray seconded. Parent said that it was not clear enough. He found the definitions conflicting and hard to understand. A major concern was the cap on living space which could be in conflict with Mass General Law (MGL). After all the work done on Site Plan Review (SPR), Parent said that not having a review on a fragile piece of property did not make sense to him. He believes SPR is still necessary on those properties. Harper also said SPR was an important element that he favored. O’Connell said that Article 4 only covers the Seashore; he views size considerations as a town-wide issue. The motion did not carry 1-4. A technicality required casting the vote in the negative, and Parent moved to not recommend Article 4. Harper seconded.
The motion carried 4-1.
Parent moved to not recommend Article 5. Pickard seconded. Parent said Article 5 was tied to Article 4. Although he agreed we need size limitations, Parent did not favor the method as presented. The motion to not recommend carried 5-0.
Gray had questions about passage of Article 4. She suggested preparing alternatives in the event Article 4 passed. Parent said that would be out of the scope of STM. He also cautioned against intermingling elements of the Articles. Parent discussed the order of placement of the Articles in the Warrant with the petitioned Article coming first. O’Connell pointed out that there were typographical errors that needed correcting.
O’Connell moved to perfect/correct Articles 6, 7 and 8 as they appear in the Warrant. Town Counsel suggested that Planning Board explain how in the advertisement of the hearing “Site Coverage” was correct even though it was printed incorrectly as “Building Coverage” in the Warrant. Gray seconded. Pickard said the mistake could be left in place. A problem would occur if the Attorney General did not approve the changes. Parent said the errors could stay in place and be corrected at Annual Town Meeting in spring. The motion to amend the Articles by correcting the errors carried 5-0.
Articles 6, 7, 8 as amended
Parent moved to recommend Articles 6, 7 and 8 as amended. Harper seconded.
The motion carried 5-0.
Planning Board will seek legal opinion from Town Counsel on Article 4, 22.214.171.124.
81-W Discontinuation of Benjamin Way – Signing
Gerald Parent recused himself as the original owner of the subdivision.
Planning Board signed the already approved 81-W plan to discontinue Benjamin Way in the Old King’s Crossing subdivision plan (#79-01 DSD).
Minutes of 10/1/08
O’Connell moved to approve the minutes of October 1, 2008. Pickard seconded, and the motion carried 6-0.
O’Connell reported on his presentation of the zoning bylaw Articles at Conservation Commission. He said ZBA had voted to indefinitely postpone Articles 6, 7 and 8. O’Connell said he would like to make a presentation to ZBA to clarify the Articles. He will present at the Natural Resources Advisory Board (NRAB) Thursday, October 16, and at the Forum on Monday, October 20.
Parent moved that Articles 4, 5, 6 7, and 8 be submitted to Town Counsel for questions on the amendments. Harper seconded. The motion carried 6-0.
Gray moved to adjourn, and the meeting was adjourned by consensus at 9:02 p.m.
Mary Rogers, Committee Secretary R. Dennis O’Connell, Chairman
Planning Board approved these minutes at the meeting held 11/19/08.