Town of Wellfleet
Planning Board
Public Hearing
September 6, 2023
LEGAL AD FOR ZONING AMENDMENTS
Pursuant to G.L. Chapter 40A, Sec. 5, the Town of Wellfleet Planning Board will hold a public hearing on September 6, 2023, at 5:30p.m. at Wellfleet Adult Community Center 716 Old Kings Hwy Wellfleet MA. 02667 to consider and offer a recommendation to Town Meeting on the proposed zoning amendments listed below, the full text of which are available at the Office of the Town Clerk located at Town Hall 300 Main Street, Wellfleet, MA 02667 and available at https://www.wellfleet-ma.gov/sites/g/files/vyhlif5166/f/uploads/sept_6_planning_board_supporting_docs.pdf The public is invited to attend in-person and be heard, or the public can participate remotely by Joining via Zoom Meeting
https://us02web.zoom.us/j/82470833351?pwd=MFUycThtWHYyZkJHVTd1OFNnZUlwZz09
Meeting ID: 824 7083 3351 Passcode: 993668
The proposed zoning amendments to be considered are summarized as follows:
- Inclusionary Zoning: To see if the Town will vote to amend Chapter 235, Article II DEFINITIONS, §235- 2.1, by inserting new definitions for “Affordability Gap,” “Affordable Housing Unit,” “Affordable Housing Restriction,” and to amend Chapter 235, Article VI by adding a new Section 6.28 Inclusionary Zoning Bylaw, which would require, in the CD, R1, R2, C and C2 zoning districts, a Special Permit from the Zoning Board of Appeals for any project that results in a net increase of three or more dwelling units as part of a single application, whether by new construction, a change in use, or by the alteration or rehabilitation of existing structures, but excluding nursing homes, and to provide a certain percentage of on-site, deed restricted affordable housing units or to make a payment in lieu of such affordable housing units or a land donation to the Wellfleet Affordable Housing Trust.
- Cottage Colonies: To see if the Town will vote to amend the Wellfleet Zoning By-Laws by amending Chapter 235, Article II DEFINITIONS by deleting text that is struck through and inserting text that is underlined for “Cottage Colony” such that the minimum unit size is not less than 550 300 that each or area and not more than 768 800 sq. ft. and for “Cottage Colony NSP” such that each unit shall contain not less than 550 300 sq. ft. of floor area and not more than 768 800 sq. ft.
- INTENSITY OF USE OF MULTI-FAMILY DWELLINGS: To see if the Town will vote to amend the Wellfleet Zoning By-Laws, Chapter 235, Article V – Uses, Section 235-5.4(F) by deleting the text that is struck-through as follows:
Intensity of Use Application to Multiple Family Dwellings. The first unit of a multiple family dwelling or of an apartment building shall require a minimum land area equal to the lot requirements of the district in which located. Each additional unit will require 8,000 square feet of land area. Front, side and rear yard and maximum building coverage requirements of the district in which the structures are located shall apply. (Amended 4/30/85 ATM, Art. 64.)
- DEFINTION OF TREES: To see if the Town will vote to amend the Wellfleet Zoning By-Laws, Article II DEFINTIONS, §235- 2.1, by inserting new definitions in alphabetical order for “Community Wildfire Protection Plan”, “Invasive Plants”, “Locally Notable Trees”, “Timber”, and “Tree Thinning”.
- CUTTING OF TIMBER: To see if the Town will vote to amend the Wellfleet Zoning By-Laws by amending §235 -6.9, Cutting of Timber, by adding text underlined below:
- 235 – 6.9.1 CUTTING OF TIMBER WITHIN NSP
Within the National Seashore Park District, there shall be no cutting of timber except permitted for the following reasons: …
(c) Cutting for clearance or maintenance on right-of-way including those pertaining to public utilities or public highways, provided said clearance or maintenance complies with Chapter 200, the Town’s Scenic Road Bylaw, as applicable;
(d) as specified in a Community Wildfire Protection Plan by the Wellfleet Fire Department or the National Park Service; or
(e) the removal of Invasive Plants.
Exemptions:
This section shall not apply to federal, state, or municipal projects.
- LOCALLY NOTABLE TREES: To see if the Town will vote to amend the Wellfleet Zoning By-Laws by inserting a new Section 235- 6.9.3 – Locally Notable Trees to require a special permit from the Zoning Board of Appeals for the removal of such trees or approval by the Tree Warden to trim such trees unless there is an immediate threat to public safety, structures, or utilities, as determined by the Tree Warden or a certified arborist. The ZBA shall apply the special permit criteria of §235-8.4.B and grant a special permit upon a finding that there is no viable alternative to removal of the tree. This section shall not apply to the removal of Invasive Plants, diseased trees, or those posing an imminent threat to people, structures, roadways, or utilities, as determined by the Tree Warden, or to federal, state, or municipal projects.
- ZONING ENFORCEMENT PENALTIES: To see if the Town will vote to amend the Wellfleet Zoning Bylaws by amending Chapter 235, Article VIII – Administration, Section 8.3- Penalty, by deleting the existing 235-8.3 and inserting the following new text to increase fines for violations to $300 per offense:
- 235-8.3 Penalty.
- Any person, association, firm or corporation violating any of the provisions of this bylaw may be fined $300 for each offense. Each day that such a violation continues shall constitute a separate offense. This bylaw may be enforced by noncriminal disposition pursuant to the provisions of General Laws Chapter 40, Section 21D.
- Accessory Dwelling Units: Any person, association, firm or corporation violating § 235-6.21
Accessory dwelling units (ADU), may be fined $300.00 for each offense. Each Accessory Dwelling Unit in violation shall be a separate violation. Each day that such violation continues shall constitute a separate offense. This bylaw may be enforced by noncriminal disposition pursuant to the provisions of General Laws Chapter 40, Section 21D.
Published: Provincetown Independent, August 24 and 31, 2023.
Town of Wellfleet
Select Board
Public Hearing
September 5, 2023
In accordance with MGL Chapter 130 Sections 52, 53, 57, 58, 59, 60, 69, 80 and 98 and all applicable Town Shellfish Regulations, notice is hereby given that the Wellfleet Selectboard will hold a hybrid public hearing on September 5, 2023, at 7:00 p.m. to consider the following:
To amend the Town of Wellfleet Shellfishing Policy and Regulations in Section 1. Definitions, Section 4. General Regulations, Section 5. Noncommercial Shellfishing, Section 6. Commercial Shellfishing, Section 7. Shellfish Aquaculture and Section 11. Enforcement.
Recommendation of the Shellfish Constable will be available in the September 5, 2023, Selectboard’s packet.
In person: 715 Old King’s Highway (Adult Community Center)
Join Zoom Meeting:
https://us02web.zoom.us/j/85689604806?pwd=blplVFFBZzViQ0xNWkZKMm9iMVdrdz09
Meeting ID: 856 8960 4806 ~ Passcode: 611877 ~ Dial by your location; 929 205 6099
Published: Provincetown Independent, August 24, 2023
Town of Wellfleet
Zoning Board of Appeals
Public Hearing
September 14, 2023
Pursuant to Massachusetts General Laws, Chapter 40-A, Section 11 and Wellfleet Section 235, the ZBA will hold public hearings on September 14, 2023, starting at 7:00 pm in person at the Adult Community Center, 715 Old King’s Highway, and remotely via zoom.
Join Zoom Meeting
https://us02web.zoom.us/j/86305965144?pwd=dzRuUW93Q2RjdldUamt4NFZrSG1tZz09
Meeting ID: 863 0596 5144
Passcode: 019981
One tap mobile
Dial by your location +1 929 205 6099 US (New York)
23-13 Thor Construction, 1532 State Highway 6, Map 30, Parcel 30: Applicant appeals pursuant to Wellfleet Zoning Bylaws Section 235-7.31 and 235-8.4A from a zoning determination by the Building Commissioner that the applicant’s sign is unlawful under the Sign Code and must be removed from its current location. The sign is located in the same non-conforming location as the previous owner’s sign installed pursuant to Wellfleet Building Permit No. 12-024 issued January 24, 2012.
23-14 Moore, 206 Holbrook Ave., Map 14, Parcel 161: Applicant requests Special Permit pursuant to Wellfleet Zoning Bylaws Section VI-6.1 Non-Conforming uses, 6.1.5 alterations to non-conforming single family residential structures, and 6.1.5B addition alteration is not substantially more detrimental.
23-15, Freyss, 26 Hamblen Farm Road, Map 12, Parcel 12-24-0: Applicant requests Special Permit pursuant to Wellfleet Zoning Bylaw 6.1E.1 to alter a pre-existing, non-conforming dwelling on their property by rebuilding with alterations to use as a year-round rental.
Published: Provincetown Independent, August 24 and August 31, 2023.
