Planning Board
Public Hearing
Wednesday, March
29, 2006
Judge Welsh
Hearing Room, Town Hall
260 Commercial
Street, Provincetown, MA 02657
Members
Present: Howard Burchman, Anne Howard, Kevin Rich and Ellen Battaglini
Staff
Present: Doug Taylor, Building Commissioner and Maxine Notaro, Permit
Coordinator
Public
Hearing called to order at 7 p.m.
Proposed
Zoning By-law Amendments
ATM-20 Outside Vending By-Law
Howard
Burchman stated that at a public warrant review meeting sponsored by PBG and
Chamber of Commerce, this proposed amendment met with opposition especially
from retail store owners. Planning Board felt compelled to create this
amendment because Zoning Board of Appeals had no clear guidelines/criteria as
far as this matter is concerned.
Peter
Page (member of ZBA) spoke as a member of the public, as members of ZBA are not
allowed to be involved in drafting or creating by-laws and reiterated that ZBA
has requested a by-law to deal with outside vending.
Ted
Malone suggested that perhaps Town Counsel could be consulted to see if ZBA
members could in fact be involved in by-law changes since they are most
familiar with what issues need to be addressed. After checking, David Nicolau
stated that there is no law against members being involved, however, the
Chairman of ZBA has requested that members refrain from being involved so as to
keep them above controversy.
Anne
Howard made a motion to recommend as proposed. Ellen Battaglini seconded and it
passed 4:0:0.
ATM-24 Animal Shelter (Carol McDonald, president of
CASAS)
Anne
Howard made a motion to recommend this article as presented. Kevin Rich
seconded and it passed 4:0:0.
ATM-21 Growth Management
David Nicolau is proposing an amendment to 3a to
no more than 3 per year.
Anne
Howard made a motion to amend article as proposed. Kevin Rich seconded and it
passed 4:0:0.
Article
to read as follows: 3a. Expansions or alterations to existing residential
structures or uses that result in increased Title 5 flow, not to exceed the
Title 5 Design flow pursuant to 310 CMR 15.203(2) for one bedroom per year per
applicant not to exceed a total of 330 gallons.
Anne
Howard made a motion to recommend article as amended. Kevin Rich seconded and
it passed 4:0:0.
ATM-22 Growth Management
David
Nicolau and Ted Malone participated in discussion.
Kevin
Rich made a motion to amend this article. Anne
Howard seconded and it passed
4:0:0.
Amended
by-law adds section 1c only as follows: On the effective date of this zoning
by-law amendment and on the anniversary thereof in 2007 and 2008, 990 gallons
shall be allocated for assignment to Use Category 3a for projects where
Completed Applications were filed prior to March 31, 2005.
Kevin Rich made a
motion to recommend article as amended. Anne Howard seconded and it passed
4:0:0.
ATM-23 Surplus
Gallonage Pool
Anne Howard made a
motion to recommend this article as proposed. Kevin Rich seconded and it passed
4:0:0.
Peter Page is
requesting that Planning Board consider
recommending ATM-27 Historic District. He reviewed his proposed changes with
board. Howard Burchman questioned how this is the purview of the Planning
Board. Doug Taylor stated that he didn’t think it was and members agreed that
while they support the changes they would not take an official position.
STM-2 Community Preservation: Acquisition of 90
Shankpainter Road for Community Housing Purposes: $1,000,000 in CPA housing
borrowing.
Anne Howard made a
motion to recommend this article as presented. Ellen Battaglini seconded and it
passed 3:0:1.
STM-3 Open Space Acquisition-74 Harry Kemp Way
Howard Burchman
recused himself as he is Chairman of the Board of the Theater Company.
Anne Howard made a
motion to recommend as proposed. Ellen Battaglini seconded and it passed 2:0:1.
STM-5 Perfecting
Land Transfers
Ellen Battaglini
made a motion to recommend as proposed. Kevin Rich seconded and it passed
4:0:0.
Next meeting May
3, 2006 at 7 p.m.
Meeting adjourned at 9 p.m.
Respectfully
submitted,
Phyllis
Lutsky
Phyllis
Lutsky
Recording
Secretary
Approved
by__________________________________on______________