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Planning Board Meeting

Meeting date: 
Thursday, October 15, 2015

Planning Board Minutes

October 15, 2015

Town Hall, Griffin Hearing Room

 

Call to Order

The public meeting was called to order at 6:30 PM by J. Atkinson, Chair, with the following:

Members Present:                                          Planning Staff:

Alan Atkinson                                                  David Spitz, Town Planner

James Atkinson                                             

Larry Brophy

David Harris

Joan Kozar

Joseph McParland

Tom Stello

 

The Chairman noted the presence of Michael McAskill of the Harwich Board of Selectmen.

 

I.          Public Hearing

 

Cont. PB2015-27 Grand Slam Entertainment, Inc. D/B/A Cape Batting Cages, owner and applicant, Philip J. Fennell, President. The applicant seeks approval of a Site Plan Special Permit for certain site improvements and the installation and operation of an aerial adventure attraction (zip-line) at 322 Route 28 (Zone C-H1).

 

Presenting was the owner, Philip “Skip” Fennell who spoke about the safety record of his current business and then noted that he had come with a revised parking plan. Mr. Spitz added that Mr. Fennell had complied with all that had been requested of him. Mr. Fennell said that he had changed the appearance of the zipline and the height of the tower has been lowered to comply with Town regulations. A representative of Treemendous Northmen Group offered a sample of the smoother cable intended for the zipline along with the “smart belay” system that will be used. He played both an audio and a video of the smoother cable in use in order that the Board could hear the proposed noise level.

 

Public comments included a letter of opposition from abutter Leda Miner as well as spoken comments in support of the project by Tom Blute and supportive emails from Norman Routhier and Mr. & Mrs. Kenneth Davis.

 

The Board had no comments.

 

Chairman Atkinson noted that Associate Members Mr. Brophy and Mr. Harris would be voting with the Board.

 

Mr. McParland moved and Mr. Brophy seconded to adopt the findings:

  1. Recreation use is allowed by special permit in the commercial (C-H-1) zoning district.
  2. The proposed use is a continuation and is complementary to the existing business use.
  3. There is no change or alteration of the mixed-use special permit. 
  4. The proposed use is a harmonious operation to the surrounding area, which includes other recreation/entertainment/amusement attractions such as the Trampoline Center and Bud’s Go-Karts.
  5. The proposed use is appropriate and will not adversely affect the neighborhood.
  6. The allowance of the parking setback waiver is not uncommon for the area.
  7. Vehicle and pedestrian safety will be improved with directional signage and lane markings.
  8. There is no proposed change to the sewage disposal system or other infrastructure.

The Board voted unanimously in favor (7-0).

 

Mr. McParland then moved and Mr. Brophy seconded to approve the following waiver in order to make the revised plan conforming:

 

  1. Section 325-42.L. - Side yard parking setback of a minimum of 2’ where 10’ is required.

The Board voted unanimously in favor (7-0).

 

Mr. McParland then moved and Mr. Brophy seconded to approve the Site Plan Special Permit for Greater Harwich Invest. Corporation 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 findings and the following condition(s):

 

  1. The application shall meet Harwich Code Chapter 208 accessibility requirements.
  1. All outdoor lighting shall comply with Harwich Zoning Code Article XXI.
  2. All signage shall meet and is subject to the requirement of the Article IV of the Harwich Zoning Code.
  3. The petitioner shall install and maintain the following directional signage to ensure both pedestrian and vehicle safety.
    1. Entrance Only
    2. Exit Only
  4. Hours of operation shall be between 9 a.m. and 10 p.m.
  5. To the extent practicable, the dumpster shall be enclosed.
  6. Any further changes to the parking areas or expansion of spaces shall be subject to further Planning Board review.

The Board voted unanimously in favor (7-0).

 

II.         Public Meeting

 

PB2015-30 Arthur H. Hall, Sr. owner, c/o Philip Scholomiti P.L.S., seeks endorsement of a 2-lot ANR for property located at 0 Depot Street, Map 36, Parcels T3-3, within the R-R and I-L Zoning District as shown on the plan entitled “Plan of Land in Harwich, MA being a division of Lot 3 LCP 42160B (pending)”, prepared for Arthur H. Hall, Sr. dated September 16, 2015, prepared by Ryder & Wilcox, Inc., Philip O. Scholomiti, P.L.S.

 

Presenting was surveyor Philip Scholomiti of Ryder and Wilcox along with Allen Hall. Mr. Scholomiti explained that some of the 2 lots in question was in the RR Zone and some was in the IL Zone. Each lot would be greater than the required 40,000 SF with adequate frontage and shape factors. Nothing has been built on either lot. Because the land is registered with Land Court, applicants received prior approval from Land Court for content and construction. Independent environmental specialists have determined that the bog area that is part of the proposed development is considered upland bog land.

 

Mr. Spitz said that the Staff Report was straightforward.

 

There were no public comments.

 

Mr. McParland moved and Mr. A. Atkinson seconded to adopt the following findings:

 

  1. Said Lots #5 - #6 on the plan meet the minimum dimensional criteria for frontage, area and shape factor and front on a public way.
  2. Lot #4 is for conveyance to the Town under the care and custody of the Conservation Commission pursuant to MGL c.40 §8C, more commonly referred to as an open space conservation restriction. Lot #4 is not available for use as a site for one or more buildings (MGL c.41 §81.L.).
  3. Any endorsement by the Planning Board of this application has no bearing on compliance with zoning requirements and is so noted on the plan.
  4. The above interdepartmental comments are provided as goodwill to facilitate the owner going forward.  Unresolved comments and/or issues are left for the determination of the other departments/boards/commissions and are not part of the determination criteria tasked to the Planning Board under Approval Not Required endorsement under the subdivision control regulations.

The Board voted unanimously in favor (5-0).

 

Mr. McParland moved and Mr. A. Atkinson seconded to endorse the ANR plan entitled “Plan of Land in Harwich, MA being a division of Lot #3, LCP 42160B”, prepared for Arthur H. Hall, Sr. dated September 16, 2015.

The Board voted unanimously in favor (5-0).

 

  1. Old Business – None.

 

  1. Briefings and Reports:

Capital Outlay - Mr. McParland said that they will have a 1st round meeting with 4                                  departments on 10/20/15.

           

Saquatucket Harbor Design - Mr. Spitz told the Board that a meeting will be held on 10/22/15.

 

East Harwich Subcommittee - Mr. J. Atkinson noted that if there were no questions concerning the draft report passed out at the last meeting then he would defer further discussion until the next meeting.

Mr. J. Atkinson also noted that there is a scheduled joint meeting as an Executive Session between the Planning Board and the Board of Selectmen on November 2nd for an update on the Cumberland Farms litigation.

 

V.         New Business

  1. Proposed Rt. 28 Village Zoning

Mr. Spitz told the Board that they needed to review the work done by the Route 28 Zoning Subcommittee to see if it would recommend any changes. He reviewed bullet points for further discussion at a later date.

 

  1. Community Preservation Committee: As no Board member volunteered, Mr. J. Atkinson offered to be the Board Representative on a temporary basis.

 

c.   Board of Appeals Advisory Opinions

The Planning Board had no comments on current Board of Appeals cases.

 

d.   Minutes

Mr. McParland moved and Mr. Brophy seconded a motion to approve the minutes for September 24, 2015 with one correction.  It was noted that “Mr. de Bakker was not the Chair of the Community Preservation Commission but a representative from the Planning Board. The motion was approved unanimously.

 

VI.        Adjournment:   The meeting was adjourned at 7:40 PM.

 

 

Respectfully submitted,

Shelagh Delaney

 

 

Adopted:          September 24, 2015