Planning Board Meeting
TOWN OF HARWICH
732 Main Street
TUESDAY, June 27, 2017
Donn B. Griffin Room
6:30 PM
PLANNING BOARD
MINUTES
PRESENT: Chairman, Lawrence Brophy; James Atkinson; Joseph McParland; Peter DeBakker; Linda Cebula; and Mary Maslowski alternate joined the meeting at 6:50 PM.
ABSENT: Allan Peterson; Tom Stello, and David Harris, alternate.
ALSO PRESENT: Town Planner, Aly Sabatino and Mike MacAskill, BOS.
CALL TO ORDER
6:30 PM by Chairman Lawrence Brophy
Chairman Brophy announced the Recording & Taping Notification: As required by law, the Town may audio or video record the meeting. Any person intending to either audio or video record the open session is required to inform the Chair.
PUBLIC HEARINGS
6:30 PM
a. (Continued) PB2017-15 Robert Fratus, applicant – Determination of Adequate Access/Improvements to a Town Way. Mr. Fratus seeks approval of a plan for improvements to Seth Whitefield Road (Hawksnest Road), a Town way including widening, grading and gravel of the stretch between Round Cove Road and Queen Anne Road pursuant to the Planning Board’s Rules and Regulations §400-9.C.
Ms. Sabatino read the following description and comments from Boards, Departments, and Committees:
Mr. Fratus is proposing improvements to Seth Whitefield Road, a Town Way, at his own expense. He is proposing to widen approximately 1,000 feet from Round Cove Road traveling south on Seth Whitefield Road. Plans have been presented for a portion of the work he is proposing. He has previously been allowed to make similar improvements to Seth Whitefield Road Starting at Queen Anne Road.
Police Dept.; Fire Department; Town Engineer and Conservation: No Concerns. Ms. Sabatino noted with regard to the Highway Department that some work has already taken place by Mr. Fratus and his sub-contractor along the aforementioned stretch of road prior to permitting. The Highway Department would like to request the right-of-way be surveyed and staked by Mr. Fratus prior to the commencement of any further work to ensure that all activity is taking place within said location.
Once this survey is completed, and the specifications for construction provided by Mr. Fratus are satisfactory with this the Highway Department. The Highway Department will assume maintenance of the portion of Seth Whitefield Road once the work is completed, inspected and accepted by the Planning Board.
On May 30, 2017, the applicant went before the Board of Selectmen and the Board agreed to enter into a License Agreement with the applicant. Ms. Sabatino said that the Agreement has not been executed. A Draft of the Agreement has been received from the attorney.
Ms. Sabatino said that once (if) the Planning Board is satisfied with the application, she recommends approval with the following conditions:
1. The applicant must formally enter into a Licensee Agreement with the Board of Selectmen before construction begins on site.
2. The road layout must be staked prior to the beginning of construction and must be verified by the Town Engineer’s Office.
3. There Shall be no work done extending beyond the section of Seth Whitefield (Hawksnest) presented on the plan entitled “Plan and Profile of Northerly portion of Seth Whitefield Road prepared for Robert Fratus Jr.,” dated September 12, 2008 and last revised April 12, 2017 prepared by Daniel A. Ojala, P.I.S., and P.E. unless reviewed and approved by the Town of Harwich.
4. The work shall be completed to the satisfaction of the Highway Department and Town Engineer.
Mr. Atkinson addressed adequate access to Town Way issue. Ms. Sabatino responded that the Planning Board is not making any determination to adequate access based on prior cases. License granting is by the BOS.
Mr. Fratus stated that some minor clearing has been done; he has put in some fill where stumps were removed.
Ms. Sabatino said that technically the road is a County Way, but not maintained by the County. It is maintained by the Town.
Mr. DeBakker asked for clarification of additional building around/after Round Cove Road. Discussion of issue of traffic becoming heavier. Ms. Sabatino said that the Town would make the road larger and maintain it if additional homes were build (in the License Agreement with the Town). Discussion of Town owned property near Round Cove Road (on left side State owned forest per Mr. Fratus).
Mr. McParland stated again that the Town Engineer wants new staking before construction begins. Mr. McParland asked if Mr. Fratus if Mr. Fratus could build houses on the available building lots. Answer: yes.
Discussion regarding any County conditions/allegations regarding maintenance or construction.
Motion made by Joseph McParland to close the Public Hearing for PB2017-15. Seconded by James Atkinson. Vote: 5-0-0.
Motion made by Joseph McParland to approve PB2017-15 Robert Fratus, applicant plans for improvements to Seth Whitefield Road (Hawksnest Road), a Town way including widening, grading and gravel of the stretch between Round Cove Road and Queen Anne Road pursuant to the Planning Board’s Rules and Regulations §400-9.C. and with the following Conditions:
1. The applicant must formally enter into a Licensee Agreement with the Board of Selectmen before construction begins on site.
2. The road layout must be staked prior to the beginning of construction and must be verified by the Town Engineer’s Office.
3. There shall be no work done extending beyond the section of Seth Whitefield (Hawksnest) presented on the plan entitled “Plan and Profile of Northerly portion of Seth Whitefield Road prepared for Robert Fratus Jr.,” dated September 12, 2008 and last revised April 12, 2017 prepared by Daniel A. Ojala, P.I.S., and P.E. unless reviewed and approved by the Town of Harwich.
4. The work shall be completed to the satisfaction of the Town Engineer and Highway Department.
5. Prior to construction, the Applicant and Town Planner contact the Barnstable County regarding any concerns or regulations.
Seconded by James Atkinson. Vote: 5-0-0.
Documents: Staff Report dated 6-27-2017
Draft License Agreement
Plan and Profile of Northerly Portion of Seth Whitefield Road prepared by down cape engineering, inc. dated 9-12-08, Revised: 4-12-17.
6:45 PM
b. (Continued) PB2017-13 525 Camelot LLC., Owner/Applicant, c/o James Stinson, Esq., of property located at 557-563 Route 28, Map 14 parcel V9, seeks approval to modify the Use and Site Plan Review Special Permits granted by the Planning Board on October 25, 2016 in the C-V, R-H-1 and Village Commercial Overlay (VCOD) Districts. The proposal seeks to modify and reconfigure the multi-unit, mixed use structure without a change to the footprint and make certain minor appurtenant changes to the curbing and sidewalks. The request is pursuant to the Code of the Town of Harwich §§325-51, -09, -51.M and -55 for Site Plan review Special Permit and Use Special Permit; Mixed-Use and Village Commercial Overlay District as set forth in MGL C.40 §9.
Attorneys Requested a Continuation to July 25, 2017.
Motion made by Joseph McParland to continue PB2017-13 525 Camelot LLC., Owner/Applicant, c/o James Stinson, Esq., of property located at 557-563 Route 28, Map 14 parcel V9 to July 25, 2017. Seconded by James Atkinson. Vote: 5-0-0.
PUBLIC MEETING
7:50
II. NEW BUSINESS
a. Comprehensive Plan review 2000 and 2010
b. Set date for a joint meeting between the Board of Selectmen and Planning Board to discuss Planning Board priorities.
Aly Sabatino distributed copies of the 2000 and 2010 Comprehensive Plan to Planning Board. She said that the printer is broken and she will print more copies as needed. She suggested the Board work through the documents. Mr. Brophy asked if Ms. Sabatino had checked with other towns regarding their Comprehensive Plans. She said she had not, but that she would do so.
Mr. Atkinson asked regarding time line. Ms. Sabatino suggested the end of July and August for Workshops. Mr. Atkinson suggested starting the Workshops later as people have summer guests.
Mr. DeBakker said he would like Ms. Sabatino to get some dates set with the BOS ahead of time. Ms. Sabatino said she would discuss that with the Town Administrator.
Linda Cebula commented that the 2000 Plan is already 20 years old. She questions what has been accomplished etc.
Documents: Comprehensive Plan review 2000 and 2010
c. MINUTES
Motion made by Joseph McParland to approve the Minutes of May 23, 2017. Seconded by James Atkinson. Vote: 5-0-0.
Motion made by Joseph McParland to approve the Minutes of June 13, 2017. Seconded by James Atkinson. Vote: 5-0-0.
III. OLD BUSINESS
a. PB2007-36 Chapman DEF OS South Westgate Road – review letter from Town Counsel.
Attorneys: Andrew Singer and Mark Zippo in attendance.
Ms. Sabatino discussed:
· Expiration and findings of Town Counsel.
· Square Footage per lot for cluster building and open space.
· Town Counsel ruled that one cannot build on smaller lot than required, but may make application for a variance from Zoning Board of Appeals.
· Attorney said 7 lots still valid and comments and opinions of Town Counsel discussed.
· Note: Mr. Atkinson requested that it be noted in the Minutes that Opinion of Town Counsel received and that he does not feel any action by Planning Board need be taken by letter or other.
Motion made by Joseph McParland to attach letters received from Law Office of Singer & Singer, LLC dated March 20, 2017 and Memorandum from Mead, Talerman &Cost, LLC dated May 30, 2017 be noted in Minutes. Seconded by James Atkinson. Vote: 6-0-0.
Documents: Letter from Law Office of Singer & Singer, LLC dated March 20, 2017
Memorandum from Mead, Talerman &Cost, LLC dated May 30, 2017
IV. BRIEFINGS AND REPORTS BY BOARD MEMBERS
Cyndi Williams – Interim Exec. Harwich Chamber of Commerce
Mr. McParland asked Ms. Williams about School House Road Construction. Ms. Williams said it was a quick fix and had nothing to do with the swimming pool project approved. They were just fixing holes in the street.
ADJOURN -
Motion made to Adjourn by Joe McParland at 7:05 PM. Seconded by Jim Atkinson. Vote: 6-0-0.
Minutes respectfully submitted by Marie Hickey, Board Secretary.
Adopted: July 11, 2017