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Planning Board Meeting

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Meeting date: 
Tuesday, February 9, 2016

Planning Board Minutes

February 9, 2016

                                                           Town Hall, Griffin Room

 

 

I.  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:

James Atkinson                                                David Spitz, Town Planner

Joan Kozar

Joe McParland

Allan Peterson

Tom Stello

Alan Atkinson (by phone)

Larry Brophy (by phone)

 

  1. Public Hearing
  1. PB2016-04 Cumberland Farms, Inc., request for redevelopment of a retail convenience and fuel store at 574 and 576 Route 28 in the Commercial Village (C-V) District.

 

Mr. J. Atkinson announced that regular member Alan Atkinson and associate member Larry Brophy would be participating in the hearing by telephone.

 

Attorney James Veara and John Marth, Project Manager, appeared for the applicant.  Mr. Veara said that the applicant has reapplied following discussions with Town Counsel.  He highlighted revisions to the plans since the last submission.  The store would be 3,585 square feet with 6 gasoline pumps and a canopy.  The store and canopy have been pushed back from Route 28, and a landscaped strip at the front of the property next to Route 28 has been widened.  A buffer strip along the western property boundary also has been widened with more vegetation added.  A sidewalk has been added along the east side, and there is a relocated outdoor patio and chairs.  There will be no outdoor service to the patio area.

 

The building has been redesigned from the original, more conventional design.  He said they had been requested to be more consistent with the Chatham store.  The two stores will not be identical since the floor plan is different, but the applicant did its best to make the external appearance as close to the Chatham store as possible.

 

Mr. Veara noted the staff concern about lighting spillover onto abutting properties.  He said the plan as submitted does not account for proposed landscaping.  Once the landscaping is taken into consideration, lighting levels should go down.  If not, the lighting plan will be adjusted accordingly.

 

They would like to request 24-hour operation which would more likely be used in summer than in winter.  He noted that retail is a permitted use in the district and that the site is appropriate for the use since gas pumps and store already exist.

 

Mr. Veara said that all vehicle turning movements will be able to take place on site.  A sidewalk is provided to encourage pedestrian use, though some people may still choose to walk across the pavement.  Two new entrances and adequate parking will reduce the site congestion that currently exists.

 

Mr. Spitz presented the staff report and proposed findings of fact and approval motions.

 

In response to a question from Mr. J. Atkinson, Mr. Veara replied that the current hours of operation are 5 a.m. to midnight.  Ms. Kozar asked how many 24-hour operations currently exist in Harwich.  Mr. J. Atkinson said Stop and Shop is open all night during the summer.  Mr. Peterson said the Hess gas station in East Harwich is open 24 hours.  Mr. McParland asked if this was under the Planning Board’s jurisdiction, and Mr. J. Atkinson said that hours of operation have been restricted in several site plan decisions.  Mr. Spitz said that special permit criteria regarding neighborhood impacts justify any conditions regarding hours of operation.  In response to a question from Mr. Peterson, Mr. Veara said that the Cumberland Farms store in Dennis was approved for 24-hour operation.  They requested the same in Chatham but were granted approval for 5 a.m. to midnight.  In the future, they may reapply to Chatham for 24-hour operation.

 

Mr. Marth said that exterior details are the same as for the Chatham store.  Mr. A. Atkinson said that the new plans are much better than previous ones.  He said this was a well-done compromise that would be good for the town.  He said that the buffer along Route 28 was a major contribution.  Mr. Brophy agreed with Mr. Atkinson’s comments.  In addition, he did not like the beige color that was shown on previous plans.

 

Bruce Young appeared on behalf of the Harwich Fire Department.  He said the latest site plan is more of what the Fire Department would like to see.  It will protect adjacent residential properties, will allow the building operator to have a clear view of the gas pumps, will allow the Fire Department to have clear access to the pumps, and will have a sidewalk for pedestrian safety.  He said it is time to move forward with this project.  He added that Chief Clarke is now ordering that the abandoned liquor store be torn down immediately.

 

Paula West, an abutter, asked if the canopy would include Cumberland Farms’ standard green strip.  Mr. Veara replied that it would not.  She further asked about the “faux windows” on the plan, and Frank Aniello of Allevato Architects, the Cumberland Farms architect, replied that they would be regular windows but that people would not be able to see through them.  She also requested that the Planning Board not approve the request for outdoor display as it will be an eyesore.

 

Katrina Ryan, a resident in abutting Setucket Village, said she is representing her homeowners’ association.  She asked if Cumberland Farms had a liquor license, and Mr. Veara replied that it did not.  She said she opposed 24-hour operation due to loitering which will have an impact on abutters.  She asked whether the driveway entrance will be expanded to avoid trucks driving over curbs and landscaped areas.  Mr. Veara replied that the existing turning radii are very tight and these will be improved.  The actual driveway width will not be changed.  Mr. Marth said that combination of the two lots and provision of appropriate radii with granite curbs will slow down drivers.  Bruce Young said that Cumberland Farms trucks had caused the broken sidewalk on the abutting property and that Cumberland Farms should be a good neighbor and fix the sidewalk.

 

Mr. McParland said they should not start with 24-hour operation, noting that he has seen late-night issues at other convenience stores.  At least at the outset, they should begin with lesser hours.  Ms. Kozar agreed.  Mr. A. Atkinson said he was ok with 24-hour operation as long as lights were dimmed, say after 10:30 p.m.  Mr. Veara said the applicant was amending its request to operation between 5 a.m. and midnight.  Mr. Marth said the lights will dim when the store is closed.  They may return at a later date to request longer hours.

 

Several Planning Board members expressed a preference for square columns and colors the same as the Chatham store.

 

Mr. Brophy requested that the liquor store be removed as soon as possible.

 

Mr. McParland moved and Mr. Peterson seconded a motion to approve the following findings of fact:

  1. The proposed development is located on two existing parcels at 574 and 576 Route 28 in the Commercial Village (C-V) Zoning District in Harwich Port.
  2. The site plan contains a note stating that the property line dividing the parcels shall be expunged prior to site redevelopment.
  3. The proposed retail convenience store is a permitted use in the Commercial Village (C-V) Zoning District.
  4. The proposed gasoline pumps and canopy are a lawfully preexisting nonconforming use at 576 Route 28.
  5. The Board of Appeals approved a Special Permit on February 26, 2014 for alteration of the use with the gasoline pumps and canopy remaining entirely on the 576 Route 28 portion of the property.
  6. On or about December 19, 2013, application was made to the Planning Board (Case No. 2014-01) for both a Village Commercial Overlay District (VCOD) Special Permit and a Site Plan Special Permit.
  7. On or about December 12, 2014, the Planning Board voted unanimously to deny the application.  It did so, in part, because the project as designed by the applicant and presented to the Board did not satisfy the requirements of the VCOD Bylaw.
  8. The applicant appealed the Planning Board’s denial to the Barnstable County Superior Court, Docket No. 1472CV00612, per G.L. c. 40A, § 17.
  9. The VCOD Bylaw was determined through discovery to be optional and not obligatory, such that, if the project did not require dimensional waiver(s) thereunder, only a Site Plan Special Permit would be required.
  10. On January 14, 2016, the Superior Court issued an Order of Remand for reconsideration by the Board of the application for a Site Plan Special Permit (without an accompanying request for a VCOD Special Permit) based on a modified plan.
  11. As modified, the proposed development requires no dimensional variances; accordingly, the applicant is no longer seeking a Special Permit under the provisions of the Village Commercial Overlay District.
  12. Outside display of items for retail sale is a use allowed by Special Permit in the C-V District.  The applicant has designated a 3 foot x 12 foot area in front of the store where outdoor display of items may take place.
  13. Adequate facilities for the treatment and removal of stormwater have been provided.
  14. The proposed sidewalks along Route 28 and from the street to the store will provide for adequate pedestrian circulation and safety.
  15. Two access points onto Route 28 and internal paved aisles around the gasoline pumps and in front of the store will provide for adequate vehicular circulation and safety.
  16. Fifteen proposed parking spaces including one accessible space exceed minimum zoning requirements.
  17. The proposed landscaping plan provides appropriate screening of parking areas and abutting residential properties.
  18. The proposed development will have minimal impact on traffic flow on Route 28 and elsewhere in the vicinity.
  19. The use will not adversely affect the neighborhood.
  20. The proposed development is subject to approval from the Health Board for items related to wastewater disposal and food service.

 

The motion was approved unanimously (7-0).

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the site plan special permit for approval of the redevelopment of the Cumberland Farms retail convenience and fuel store located at 574 and 576 Route 28 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 aforementioned findings, the submitted documents and plans, and the following conditions:

 

  1. For the purposes hereof, e.g. application of the Zoning Bylaw’s area regulation(s), and consistent with the common development scheme advanced by the Applicant, the 574 Main Street and the 576 Main Street properties are deemed and shall continue to be merged in title, i.e. in common ownership, and no further subdivision of the same shall occur.
  2. All conditions and requirements of the Zoning Board of Appeals’ special permit decision for the Locus in Case No. 2014-31, dated February 26, 2014, are hereby incorporated by reference and made a part hereof.
  3. The applicant shall submit revised plans to the Planning Department containing the following changes:
    1. Exterior lighting shall comply with Article XXI, Outdoor Lighting, of the Town Code.  The lighting plans shall be revised to minimize light trespass onto the abutting residential parcel to the east, as required by Section 325-130.B of the Town Code.
    2. The Exterior Elevations Plan shall be revised to indicate square rather than round columns at the front entry.
  4. Any changes to the site plan shall require further review.
  5. Signage, including signage on the gas pumps, is subject to the requirements of the Town Code.  No signage shall be placed on the canopy.
  6. Hours of operation shall be 5 a.m. to midnight.
  7. Exterior building colors shall be the same as the recently completed Cumberland Farms store in Chatham.

 

The motion was approved unanimously (7-0).

 

Mr. McParland moved and Mr. Brophy seconded a motion to approve the use special permit for outdoor display for retail sales pursuant to §325-9 (paragraph IV, line 24) of the Harwich Zoning Code subject to the following conditions:

 

  1. Such approval is limited to ice, windshield wash and similar motor vehicle supplies, and firewood bundles.  Additional or change of products may require further review and approval.
  2. Outdoor display shall be limited to the area described in a memo from John Marth, Cumberland Farms Project Manager, dated 2/3/16.

 

The motion was approved unanimously (7-0).

 

Mr. J. Atkinson announced that the public hearing was closed.

 

II.  Briefings and Reports

 

None.

 

III.  New Business

 

  1.  Mr. Brophy moved and Mr. Peterson seconded a motion to approve the minutes for January 26, 2016.  The motion was approved unanimously (7 to 0).
  2. Board of Appeals Cases for February 24, 2016.  No comments.

 

The meeting was adjourned at 8:35 PM.

 

Respectfully submitted,

 

 

David Spitz

Town Planner                                                                Adopted: February 23, 2016