Minutes June 23, 2008 Public Hearing Regional Policy Plan Update Assembly of Delegates Chamber, First District Courthouse, Barnstable Planning Committee: Herbert Olsen (Chair), Jay Zavala, Renie Hamman, and Brad Crowell Commission Staff: Paul Niedzwiecki (Executive Director), Sharon Rooney (Chief Planner), Leslie Richardson (Economic Development Officer), Paul Ruchinskas (Affordable Housing Specialist), Glenn Cannon (Transportation Engineer/PE), Ryan Christenberry (Planner), and Gabrielle Belfit (Hydrologist) Other County Officials: Lance Lambros (County Commissioner)
Mr. Olsen opened the hearing at 7:05 PM. He introduced the members of the Planning Committee. Ms. Hamman read the hearing notice. Ms. Rooney gave a PowerPoint presentation on the Regional Policy Plan (RPP) update. Mr. Olsen opened the hearing for public comment, using the sign up sheet. Mr. John O’Brien, Cape Cod Chamber of Commerce, said the draft RPP recognized a growth policy that the Chamber supports. He said the Chamber supported the inclusion of measurable/achievable actions and the emphasis on planning. Mr. O’Brien said the Chamber supported the concept of flexible Development of Regional Impact (DRI) thresholds. He questioned whether the RPP review timeframe was cast in stone, and would like workshops held on the draft document to allow for peer review with Commission staff. Mr. O’Brien said the Economic Development section was problematic. He said the Chamber should be more involved in project reviews, and expressed concern about protecting small businesses on Cape Cod, which made up the majority of the Cape’s economy. He said little progress had been made in the areas of affordable housing, wastewater, zoning changes, control of sprawl, and economic development. He said the solution on wastewater issues – Cape Cod Wastewater Planning Collaborative - had arisen through civic and political involvement in the issue, and said this type of collaborative effort should be discussed in the RPP. Mr. O’Brien
2 said the regulatory section needed objectivity, and as written, the Chamber could not support the draft RPP. Attorney Patrick Butler, speaking as a Centerville resident, provided a written copy of his comments. He said the separation of the document into a planning and regulatory section was good. Attorney Butler said the increased flexibility in terms of standards for open space, transportation, hazardous materials/wastes were all good ideas. He said that in terms of timing and process, Sections 8(a) – 8(g) of the Commission Act applied only to the first Regional Policy Plan. He said that Section 8(h) applied to RPP rewrites. Attorney Butler said that until the land use-mapping effort was completed, he could not comment on certain aspects of the Commission’s process. He said the Commission should use projects to test aspects of the proposed new procedures. Attorney Butler said proposed changes to the criteria for Change of Use projects under Section 4(b) of the Commission’s regulations were a step backwards. He said the proposed criteria were less predictable and objective. Attorney Butler cited language on page 87 of the draft RP, and said the change in Other Development Review Policies to Best Development Practices (BDPs) and their use as potential project detriments was troublesome. Attorney Butler said it was not clear what the impact of BDPs would be in Barnstable because there was no land use map. He cited language on page 95 concerning consistency with the land use map as an example. Attorney Butler said he was creating a spreadsheet analyzing projects and the impact of Minimum Performance Standards. Attorney Butler made comments on specific standards in the draft RPP. On LU1.2, he said the mix of uses should be defined. On LU1.3, he questioned the impact on subdivisions on mapped areas. On ED1.3, he said the mix of uses should be defined. On ED1.6, he asked if this incentivized development and redevelopment. On ED3.7, he said “locally owned business” should be defined. On TR0.2, he said the proposed three-year timeframe was unclear, and questioned whether this was the appropriate length of time. Attorney Butler said in summary that the draft RPP took positive steps forward, and that an extension of the comment time period was needed. He said the Commission should hold public workshops on the document, and that more private sector involvement was needed. Mr. Peter Kenney, Yarmouth resident, said more time was needed to allow public comments. He questioned what a “McMansion” meant. He said the door was being opened to more discretionary referrals of single-family homes. Mr. Kenney said the Commission analyzes the cost of doing business, which is something that should be left to the business community. Mr. Kenney said the requirement for mandatory affordable housing bylaws was problematic. He questioned where in the Act the Commission or Assembly was given the authority to propose energy requirements, and said the requirement for an audit by the Cape Light Compact was problematic. He said the Commission should quantify a cost per square foot for mitigation, which was not currently clear. Mr. Kenney said the RPP needed to have this level of detail. He said the separation of the RPP into distinct planning and regulatory sections was a good idea. He said the 30-day period to revise the draft after the Assembly review was inadequate and did not allow for public comments.
Draft Minutes – Hearing – Regional Policy Plan Update – Barnstable - June 23, 2008
3
Ms. Suzanne McAuliffe, speaking as a Yarmouth resident, said more time was needed to review the draft RPP. She said the financial and regulatory burden would discourage small businesses and draw more formula businesses to Cape Cod. Ms. McAuliffe said the amount of regulation on small businesses should be reduced. She said the new Energy section was good, but on-site wind turbines would not be allowed in historic districts. She said LEED certification was laudable, but difficult to meet. Ms. McAuliffe noted the new headquarters building for the International Fund for Animal Welfare was an example of the need to accommodate local design standards. She said a certain percentage of referrals should be discretionary in Yarmouth. Mr. Greg Smith, Barnstable resident, noted the tremendous amount of work that had gone into the draft RPP. He expressed support for the Commission members and staff. Mr. Tom Huettner, Dennisport resident, said more outreach to citizens was needed on the draft RPP. He said a leaflet similar to the Citizen’s Guide to the 2002 RPP was needed. Mr. Huettner said the draft document needed to be more accessible by the general public. Mr. Bob Dubois, Executive Director, Yarmouth Chamber of Commerce, said the Chamber had concerns similar to those already expressed: the RPP needed to provide more predictability in project reviews, review costs needed to be reduced, timeframes for review should be shorter, and mitigation needed to be more predictable. He said a document comparing the changes between the 2002 RPP and current draft would be helpful. Mr. Dubois said the Commission should analyze actual and fictitious projects to gauge the impact of a review. He said the RPP did not say much concerning tourism, and had a negative tone. He supported creating peer groups to review the RPP. Mr. Dubois said the new format was good, but the layman needed more help to understand the draft document. Attorney Butler commented on the idea of a “locally owned business.” He said he was a 2.97% equity partner owner in the Nutter, McClennen & Fish law practice. Attorney Butler questioned whether this meant his office was a locally owned business. Attorney Butler also noted affordable housing standard AH 3.1, which required commercial businesses to pay by a formula for affordable housing creation. He asked if this applied to all or some jobs. He said there should be BDPs for affordable housing, and questioned the formula used in AH 3.1. Mr. Lambros said the Commission would work to improve the draft RPP. Mr. Niedzwiecki noted staff was working on an analysis of the cash mitigation options. He said an analysis had been done of past projects using the new Limited Review process and that this would be shared soon with interested parties. He said a “citizen’s guide” to the Regional Policy Plan was a good idea, and would be worked on by staff.
Draft Minutes – Hearing – Regional Policy Plan Update – Barnstable - June 23, 2008
4 Mr. Crowell said the Commission would consider extending the comment period. He said it was important to get more businesses involved. Mr. Crowell asked that the Planning Committee be kept apprised of any workshops. Ms. Hamman asked that staff distribute copies of any written comments to the Planning Committee as those comments came in. Mr. Olsen thanked the audience for attending. Adjourned at 8:30 PM.
Draft Minutes – Hearing – Regional Policy Plan Update – Barnstable - June 23, 2008