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Planning Board

Meeting date: 
Tuesday, January 8, 2019

HARWICH PLANNING BOARD MINUTES

HARWICH TOWN HALL -732 MAIN STREET- DONN B. GRIFFIN ROOM

TUESDAY, JANUARY 8, 2019 – 6:30 PM

 

BOARD MEMBERS PRESENT: Chairman, Jim Joyce; Mary Maslowski; Joseph McParland; Craig Chadwick; and Allan Peterson. David Harris was present via remote participation (phone).

 

OTHERS PRESENT: Town Planner, Charleen Greenhalgh; William Crowell, Esq.; Executive Director of Harwich Chamber, Cyndi Williams; Building Commissioner, Raymond Chesley; Building Inspector, Ken Murphy; Tylor Mills; Pam Groswald; Tiffany Nicely Holleck; Laurie Clark; Carla Burke, Luther Bates, Matt Rossadini and Doug Rambler, as well as others in the audience who did not speak.

 

CALL TO ORDER - 6:42 PM by Chairman, Joyce with quorum present.

 

Chairman, Joyce 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 this open session is required to inform the chair.

 

Public Hearing

 

PB2018-38 Chase Street Properties, Inc. Use Special Permit (Bedrooms) 20 Chase St Representative: William Crowell, Esq. and Laurie Clark

The Chair opened the hearing at 6:43pm by reading the notice into the record. The applicant seek approval of a Use Special Permit, with waivers, pursuant to the Code of the Town Harwich §325-14.Q and Article V - Use Regulations for a detached residential accessory structure with two bedrooms. The property is located at 20 Chase St., Map 4, Parcel N2-2, in the R-L Zoning District.

 

Mr. Crowell started the hearing by stating that the applicants seek approval for two (2) bedrooms above a detached accessory building. Mr. Crowell stated that the applicants seek waivers of any commercial or residential requirements of the Bylaw that are not applicable to this Petition. The proposed use will not adversely affect the neighborhood, the site is an appropriate location for the use, there will be no nuisance or serious hazard to vehicles or pedestrians, and adequate and appropriate facilities are provided for the proper operation of the proposed use.

 

Mrs. Greenhalgh reviewed her staff report. Police, Fire and Engineering had no concerns. Received Conservation Commission approval 12/5/2018, SE32-2356. Health Department: The plan prepared by Ryder and Wilcox dated October 17, 2018, revised November 9, 2018, shows a proposed new two bedroom septic system for the proposed two bedroom accessory dwelling, with a seven bedroom septic system reserve area. The plan also shows that the main dwelling is to be razed and replaced. Floor plans for the main dwelling are not included in the plan, but the new main dwelling must not exceed five bedrooms. In order for the Health Department to approve of the two bedroom accessory structure, a Disposal System Construction Permit must be approved of for the proposed two bedroom septic system, and floor plans must be provided for the new main dwelling to ensure there are only 7 bedrooms total between the two structures.  This must be completed prior to Health Department sign off of the Building Permit Application.

Additionally, the incorrect zoning district was noted in the legal notice. The correct district is R-L. This is not a fatal flaw as the zoning requirements are essentially the same. The waivers requested are reasonable. At this time it would appear that all requirements have been met.

 

Neither the Board, nor the Public had any comments. On a motion from Mr. McParland, seconded by Mr. Peterson the hearing was closed at 6:50 pm on a unanimous roll call vote.

 

The Boards vote referenced the following:

  1. Form A Planning Board Application. 
  2. A project description/narrative, with waiver request.
  3. Site Plan – Showing Proposed Dwelling and Guest House, prepared for Laurie Clark, 20 Chase Street, Harwich, MA, dated October 17, 2018, Rev. November 9, 2018, scale 1” = 30’, prepared by Ryder & Wilcox, Inc., Sht 1 of 2.
  4. Set of building plans for Proposed Residence at 20 Chase Street, Harwich, Massachusetts, dated 10/19/2018, prepared by Olbenburg Architecture:
    1. Sheet A-106 - Guest House First Floor Plan and Roof Plan
    2. Sheet A-203 – Guest House Elevations
    3. Sheet S-2 – Guest House Foundation Plan and Roof Framing Plan

 

Waivers: On a motion by Mr. McParland, seconded by Mr. Peterson, the Board voted to unanimously by roll call vote to approve waivers of any and all commercial or residential requirements of the Bylaw that are not applicable to this Petition.

 

Findings: On a motion by Mr. McParland, seconded by Mr. Peterson, the Board voted unanimously by roll call vote to approve the following findings:

  1. The property is located within the R-L Zoning District.
  2. The use is consistent with the Zoning Code and will not adversely affect the neighborhood.
  3. The site is an appropriate location for such use.
  4. The accessory structure will not contain a stove and therefore it is not a kitchen and is not an accessory apartment as defined in §325-2 - Word usage and definitions “Dwelling, Single-family with Accessory Apartment”.
  5. The proposed parking area will provide sufficient off street parking which meets the minimum requirements of Town Code, and as such, there will be no nuisance or serious hazard to vehicles or pedestrians.

 

Use Special Permit: On a motion by Mr. McParland, seconded by Mr. Peterson, the Board voted unanimously by roll call vote to approve with conditions the Use Special Permit and waivers for PB2018-38 Chase Street Properties, Inc., as owners, for an Accessory structure with Bedrooms pursuant to the Code of the Town Harwich §325-13, Table 1, §325-14.Q and §325-51 for a detached residential accessory structure with two bedrooms, for property located 20 Chase St., Map 4, Parcel N2-2, in the R-L Zoning District. The approval is based on the fact that the application meets the necessary requirements and criteria for approval pursuant to the Code of Town of Harwich with the above findings and following conditions.

  1. The accessory structure is not an accessory apartment pursuant to §325-2 Word usage and definitions “Dwelling, Single-family with Accessory Apartment” and shall not contain a kitchen.
  2. All Board of Health and Conservation Commissioner requirements shall be met.
  3. The special permit decision shall be recorded at the Registry of Deeds.
  4. Any changes to the plan shall be subject to further Planning Board review.

All unanimously voted in favor via roll call.

 

Public Meeting

 

Freestanding Portable Signs

Mrs. Greenhalgh explained that this summer there were multiple issues surrounding A-frame signs, leading the Board of Selectmen to request that the Planning Board look at adopting new regulations. Mrs. Greenhalgh read the proposal into the record:

 

“FREESTANDING PORTABLE SIGN” – A single or double-faced, self-supporting sign made of wood, cardboard, plastic, metal or other lightweight and rigid material.

 

Add a new §325-26.K to read as follows:

K. A-Frame/Easel/Sandwich-Board Signs.

  1. A sign permit from the Building Department shall be required;
  2. The area of the sign shall be no more than six (6) square feet per side;
  3. The sign height above the ground shall not exceed three (3) feet;
  4. The sign width shall not exceed three (3) feet;
  5. The sign shall be unlit, shall be inaudible, and shall have no moving parts;
  6. The sign shall be stable and have no external supports;
  7. The sign area (one side only) shall count towards the total allowable sign area (in square feet) for the business, pursuant to §325-27
  8. The sign shall indicate no more than the name of the business, a special event, hours of operation, sale of a product or service, and price;
  9. Only one (1) freestanding portable sign per business may be located on a property; a business with street frontage on two (2) streets may have no more than one (1) such sign on each street front; however, if there are multiple businesses on a property, there shall be no more than one (1) such sign per business, regardless of the street frontage;
  10. The sign may only be displayed up to two (2) hours before the business is open to the general public and during the time business is open to the general public; and
  11. The sign shall also comply with the requirements of §325-26.D-G, above.

 

Mr. Harris questioned if a folding mechanism would fall under “no movable parts” as explained in item “5”. A brief discussion ensued regarding possible language to address this.

 

Taylor Mills, of 139 Gorham Road, Member of Harwich Accessibility Rights Committee (HARC), presented a letter from W. Matthew Hart, Chairman of HARC. Mr. Mills stressed the importance that the Building Department do its due diligence in ensuring that rights of way are met for accessibility. He reminded the Board that any barrier that limits travel in 5’ is violation of Federal Law. Chairman Joyce read the letter from W. Matthew Hart to the public.

Pam Groswald thanked the Board for their efforts helping those who cannot see to navigate the sidewalks in Harwich Port. Ms. Groswald stated that she thought Harwich Port has never been prettier, or more vibrant, than it was this summer, but stated that it was very difficult for her to navigate. The only way for her to continue down the side-walk in certain areas is to walk in the Road. She stressed the danger of this for both her and drivers.

 

Carla Burke, from 200 Bank Street, suggested that when businesses apply for a building permit, perhaps they could be educated on appropriate locations, and how not to impede the public way. Ms. Burke also raised the question of what the procedure is for sign By-law enforcement, and how the process worked.

 

Mr. Harris recommended that the Building Department have copies of ADA regulations on site, and recommended using that to assist sign permit applicants.

 

Tiffany Nicely Holleck, Pastor at Saint Peters Church, asked for clarification swinging signs. She stated that they have a sign that is greater than 3’. Mrs. Greenhalgh clarified that religious uses are exempt from zoning regulation.

 

Building Commissioner Chesley stated that the Building Department made progress this past year by meeting with business owners, along with police and fire departments. He stated that the Department used this past year as an educational period. However, he stated that in 2019 fines will be issued where lack of compliance is observed.

 

Chairman Joyce pointed out that Harwich is Harwich, regardless of village, and all regulations are applicable to all of Harwich, not just Harwich Port.

 

Ms. Williams spoke to getting all business owners on the same page, and opportunities where that could occur.

 

Luther Bates, owner at the Nines Art Gallery in Harwich Port, stated that he appreciated the opportunity to be educated tonight. He also asked for clarity if signs are allowed in Harwich Port at all because the sidewalk is paved up to the buildings.

 

Ms. Maslowski clarified that just because an area is paved, it may not be part of the road right of way. She stated that it depends on where the boundaries are located, and the businesses will need to verify with a certified plot plan where the lot lines are located.

 

Matt Rossadini, from Cape Side Kitchen, found that being in the back of the building, having a sign makes a huge difference. He stressed his concerns regarding the property line location, as many of these buildings are quite old. The Board ensured him that they will do their best to work with him on finding viable options.

 

Doug Rambler, from Cape Sea Grille, asked if it could be possible to rent a sign space on someone else’s property. Mrs. Greenhalgh stated that that off premise sign permits already exists. However, the rented signage counts towards that properties signage.

 

Mr. Chadwick stated that there are no signs that have been grandfathered, unless there is one that pre-dates the sign code.

 

Building Height - Flood Plain- Mrs. Greenhalgh stated that there has been little discussion on this since the fall. She asked that each Board Member review this for a more detailed conversation at the next meeting.

 

Accessory Dwelling Unit Bylaw – Following Meeting with Board of Selectmen

The Planning Board met with the Board of Selectmen the previous even. She was not able to attend, but did discuss this with Ms. Maslowski who did attend. Based on that discussion Mrs. Greenhalgh drafted a new regulation which would allow Accessory Apartments by right, regardless of whether the apartment is the primary or accessory structure. She reviewed the changes with the Board:

 

Delete §325-51 in its entirety. Add a new Section 325-14.T as follows:

 

T. Single-family dwelling with accessory apartment.

(1) Purpose. The intent of permitting accessory apartments is to:

 

  1. Increase the number of small dwelling units available for rent in Town;
  2. Increase the range of choice of housing accommodations;
  3. Encourage greater diversity of population with particular attention to young adults and senior citizens; and
  4. Encourage a more economic and energy-efficient use of the Town's housing supply while maintaining the appearance and character of the Town's single-family neighborhoods.

(2) Definitions. OWNER One or more individuals holding title to the property.

(3) Criteria. An accessory apartment is allowable within an existing single-family dwelling structure or an accessory detached structure pursuant to the following criteria:

 

  1. Only one accessory apartment is permitted for each principal dwelling unit.
  2. The accessory apartment may not be held in separate ownership from the principal use.
  3. Only one of the principal dwelling or accessory apartment may be rented at any given time. (For Discussion: …for no less than 6 consecutive months.)
  4. The accessory apartment shall have a net floor area not exceeding 1/2 of the net floor area of the principal dwelling unit and not more than 900 square feet.
  5. The accessory apartment shall have not more than two bedrooms.
  6. At least one off-street parking space shall be provided for the accessory dwelling unit.
  7. The minimum lot area required for a parcel to allow an accessory apartment shall not be less than 15,000 square feet if the parcel is situated in a RH-1, CV, CH-1, MRL or MRL-1 District; 20,000 square feet if situated in a RL, RM or RR District; and 40,000 square feet if situated in a Water Resource (WR) Overlay District. For parcels existing within an approved Open Space Residential Development or Cluster Subdivision, the lots size shall be consistent with the approved plan.
  8. The accessory apartment shall be designed so that, to the degree reasonably feasible, the appearance of the property remains that of a single-family property with matching materials, colors, window styles and roof design for one structure, if the apartment is attached, or for both structures, if the apartment is detached.
  9. The principal dwelling unit and accessory apartment shall meet all wastewater treatment requirements for the combined number of bedrooms.
  10. The proposed use shall not exceed the building or site coverage for the zoning district.
  11. If an addition is to be built for the proposed use, the addition shall be set back from front, side and rear lot lines the distance required in the zoning district for new construction.

 

The Building Commissioner shall determine compliance with said criteria upon the application of a building permit for a change of use for said accessory apartment.

 

(4) A final determination that the owner failed to comply with these provisions or the termination of occupancy by the owner of the subject property shall be evidence that the rights and benefits conferred under the building permit were abandoned or otherwise surrendered and discontinued by the owner and all such rights and benefits shall lapse and the elements that make the accessory apartment a separate dwelling unit shall be removed from the property within 90 days of said final determination, with the owner to comply with all requirements of the State Building Code and Town Zoning in removing elements determined to be unpermitted.

 

Ms. Maslowski suggested that rather than deleting a section and adding a new section, which could open the entire bylaw up to scrutiny by the Attorney General, that it simply change the section reference. Mrs. Greenhalgh will work on that.

The Board was receptive to the proposal. A lengthy discussion then ensued regarding the minimum duration of the rental of a unit. The discussion ranged from 3 months to 12 months, or no restriction at all.

 

Selectmen MacAskill Board of Selectmen discussed creating affordable, workforce, and senior housing. Mr. MacAskill believes that not having a restriction date will lead to weekly rentals. He suggested looking at the Cape Cod Commission’s model. He reiterated that the goal is not to create more weekly rental units, but to create senior, workforce, and affordable housing.

 

Mr. MacAskill offered that the Board contact the new Housing Coordinator for a recommendation on minimum of short term rental length.

 

There was also follow up discussion on adding language regarding the CWMP. Mrs. Greenhalgh noted that paragraph “i” states “The principal dwelling unit and accessory apartment shall meet all wastewater treatment requirements for the combined number of bedrooms.” It was agreed that this would most likely address all septic/sewer matters. Mrs. Greenhalgh will rework this bylaw and forward it to Town Counsel.

 

Retailing Wall for Septic Systems – Little discussion. This will be discussed further at the next meeting.

 

New Business

Representative to Community Preservation Committee

Mr. McParland made a motion to recommend the appointment of Mary Maslowski as Representative to Community Preservation Committee, seconded by Mr. Peterson, unanimously voted via roll call.


Meeting Minute Approval: Mr. McParland voted to approve the Meeting Minutes - December 11, 2018 and December 20, 2018, Chairman Joyce seconded, unanimously voted via roll call.

 

Review Annual Report – The Board was pleased with the report.

Advisory Opinions – No comments

Old Business - Chairman Joyce made a note that a full member and two alternate positions are available

 

Briefings and Reports by Board Members

Mr. McParland reported that the Capital Outlay Committee presented their report to the Board of Selectmen last night. He indicated that the report could not be compiled without the Town Administrator.

 

Ms. Maslowski reported that the CPC meeting is Thursday night at 6pm. They will be discussing the applications, and possibly be voting.

 

ADJOURNMENT: The motion was made by Mr. McParland to adjourn at 9:01 PM. The motion was seconded by Ms. Maslowski, so voted unanimously via roll call.

 

Respectfully submitted,

Kathleen A. Tenaglia, Board Secretary.

 

Date Adopted: January 29, 2019

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