Planning Board Meeting
Planning Board
MEETING MINUTES
Griffin Room, Harwich Town Hall
Members Present: Larry Brophy, Chair, Joseph McParland, Jim Atkinson, Tom Stello, Linda Cebula, David Harris (Alt.) and Mary Maslowski (Alt.)
Members Absent: Peter de Bakker, Allan Peterson
Others Present: Charleen Greenhalgh, Assistant Town Administrator/Interim Planner; John Hallissey; James Marceline; Attorney James Stinson; Attorney Michael Ford; Sean Riley, P.E.; Attorney William Crowell; Ross Hall.
The Chair opened the meeting at 6:30 PM
PB2016-19 Gerald D. and Sally A. Coughlan and Freeman Allison, owners, c/o Clark Engineering LLC 5 Lot Definitive Subdivision, 0 Old Brewster Road (Continued from 9/27/16)
Representative: David Clark, P.E., Attorney Albert Schultz, Mr. Coughlan and Mr. Allison.
The project meets all the requirements for Zoning and Subdivision Regulations. There was detailed discussion regarding the paved road and the lot #2 panhandle as well as the catch basin, town water access and the leach basins. The Board of Health has given their approval.
Mrs. Greenhalgh read the Staff Report into the record. Mr. Atkinson was delighted that the owners made the decision to pave the road.
John Hallissey spoke about a deed that he believes gives him a 1/3 interest in this property along with the Applicants. He was also concerned that there may be a previous subdivision that interferes with this property. Mr. McParland noted that it was not the jurisdiction of the Planning Board to determine ownership.
James Marceline was concerned with the access of the road which he believes is not a private road. He said that he believes the name is “Old Brewster Road” and that the cul-de-sac is over the road and shouldn’t be. He also provided a deed and said he had been paying taxes for over 60 years. He wants to see the road remain open. Mr. McParland re-stated that ownership issues belong before another venue and that the Planning Board does not determine that.
Mr. Clark responded to some of those concerns by saying that the cul-de-sac would improve the road and that the existing road will remain open to those who have an interest. Mr. Allison said that the road would not be blocked. Mrs. Greenhalgh handed out the plan from a previous Land Court Case regarding adjacent property.
Mr. McParland moved and Mr. Atkinson seconded the motion to close the public hearing. The Regular Board Members voted unanimously in favor (5-0-0).
Mr. McParland then moved and Mr. Atkinson seconded the motion to accept the Findings of Fact as follows:
1.Said parcel is currently not being assessed and is therefore not on the tax roll. It will be included on the FY18 assessments and therefore taxed.
2.The land is situated in a Residential - Rural (R-R) zone.
3.Said lots demonstrate compliance of minimum dimensional requirements for frontage, area and shape.
4.Lot #1 has frontage on the existing driveway for the Wingate of Harwich facility.
5.Lot #2 satisfies all requirements pursuant to §325-18.Q for a panhandle lot as suitable access by a driveway to said lot is provided within the panhandle and, in the opinion of the Board, the access is wide enough and otherwise satisfactory for a driveway.
6.Bentley Road is an acceptable road name.
7.Proposed road construction satisfies all requirements pursuant to §400-12 thru 14; §400 Appendix 1 – The Rational Method of Drainage Design; and Appendix 2, Tables 1 thru 4.
The Regular Board Members voted unanimously in favor (5-0-0).
Mr. McParland then moved and Mr. Atkinson seconded the motion to approve with conditions the application for a 5 Lot definitive subdivision for Gerald D. and Sally A. Coughlan and Freeman Allison based on the foregoing findings and the fact that the application and plans meets the necessary requirements and criteria for approval pursuant to the Code of the Town of Harwich for the definitive subdivision plan entitled “Subdivision Plan of Land, Land off Philip Ellis Way, Harwich, MA dated 07-29-2016, Rev. 08-31-2016, Rev. 09-09-2016. Scale 1’ = 40’, Sheet No. 1, Drawing No. 1312010E”, as prepared by Clark Engineering LLC and Outermost Land Survey, Inc. for Gerald D. Coughlan and Freeman Allison. The following conditions are imposed:
1.Board of Health condition(s) shall be noted on the plan or such document of conditions shall be referred to on the plan (MGL c41, 81U).
2.Lot 1 shall be exempt from the Planning Board Covenant.
3.Other conditions as may be deemed appropriate (the Board will need to note any additional conditions)
The Regular Board Members voted unanimously in favor (5-0-0).
PB2016-20 525 Camelot LLC, c/o James Stinson, Esq. Site Plan Review and Use Special Permits, 557-563 Route 28. (Continued from 9/27/16)
Representatives: Attorney James Stinson, Attorney Michael Ford and Sean Riley, P.E.
Attorney Ford told the Board that an agreement has yet to be reached with the two abutting property owners. The properties are an integral part of the project. The negotiations would not change the relationship to the plan but do relate to standing. The Applicant is willing to move forward with the understanding that the hearing would not be closed. Attorney Crowell, representing the abutters indicated that they had no objection with move forward this evening.
Attorney Ford explained that four permits are being requested: A Special Permit for the Village Commercial Overlay District, Site Plan Review Special Permit, Mix-Use Special Permit and a Use Special Permit for structure with a gross floor area of 7,500+ square feet.
The existing building will be removed and replaced by a new building, with 6 retail shops on the first floor, to be built 8’ from the front yard. There will be five (5) apartments, one on the first floor and the remainder on the second floor. The requirement for 33% commercial use has been met. There will be new parking at the rear of the building to serve the new building as well as the two adjacent properties, the Waystack Realty Building and Cranberry Liquors.
Mr. Riley reviewed the plans, including the most recent revisions. The plan shows site coverage and parking for all three properties with 62 parking spots where 67 are required. However, the previous site had only 42 spaces. There is a net reduction of coverage. The site plan will accommodate 40’ trucks for deliveries to Cranberry Liquors. Several revisions were made to the plan between 9/1/16 and 10/5/16.
Mr. Riley explained that they are working with the Board of Health for the septic system. Test holes are now done. There are no free-standing signs proposed at this time. There are no vertical curves and there is more than 300’ west and 1000’ east for sight distances. There is a 5’ right of way at the rear of the property and it will not be blocked. A “No Right Turn” sign will be added adjacent to the entrance driveway. Waivers have been reviewed.
Mr. Ford added that the building height will be limited to 30’. The rail around the HVAC will be higher. He asked that the Board consider a waiver for the required Recreation and Conservation area. He handed out a highlighted landscape plan, showing that there is landscaping provided. Mr. McParland referred to Section 325-51 M4 concerning the requested waiver. Mr. Ford suggested that the open space at the road edge and at the rear of the property may provide sufficient green space.
Ms. Greenhalgh briefly reviewed the Staff Report indicating that with the revised plans her concerns as well as concerns or questions raised by other departments have been addressed.
The Board looked for clarification on the designation of the parking spaces. Attorney Stinson explained that the parking plan with cross easements will be recorded.
Ross Hall of 38 Braddock Lane asked about drainage issues and was told by the engineer that the drainage will go to the center of the lot. Mr. Riley was asked if there was a lighting plan and he responded that the lighting will cover the parking lot only.
Mr. McParland moved and Mr. Atkinson seconded the motion to Continue Case # PB2016-20 525 Camelot LLC until October 25, 2016. The Board voted unanimously in favor (7-0-0).
Meeting Minutes
Mr. McParland moved and Ms. Cebula seconded the motion to approve the minutes from the September 13, 2016 meeting. The Board vote was 4-0-3 (Stello, Atkinson and Harris abstained).
Mr. McParland moved and Mr. Stello seconded the motion to accept the minutes from the September 27, 2016 meeting. The Board vote was 4-0-3 (Cebula, Atkinson and Harris abstained).
Recommendation/Opinions on October 26, 2016 ZBA Applications.
There were no comments.
Change of Date for November Meeting
Mr. McParland moved and Ms. Cebula seconded the motion to change the date of the November meeting from November 22, 2016 to November 29, 2016. The Board voted unanimously in favor (7-0-0).
Briefings and Reports- Mr. McParland spoke about how the Capital Outlay Committee reviewed all submissions and will be voting beginning at the November meeting. He discussed several items for capital projects.
At 8:08 PM, Mr. McParland moved and Mr. Atkinson seconded the motion to Adjourn. So voted unanimously (7-0-0).
Respectfully submitted by Shelagh Delaney
Adopted: November 29, 2016