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Planning Board Meeting

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Meeting date: 
Tuesday, February 23, 2016

Planning Board Minutes

February 23, 2016

Town Hall, Griffin Room

 

 

I.  Call to Order

The public meeting was called to order at 6:35 PM by J. Atkinson, Chair, with the following:

 

Members Present:                                             Planning Staff:

James Atkinson                                                David Spitz, Town Planner

Joan Kozar

Joe McParland

Allan Peterson (arrived at 6:50)

Tom Stello

Alan Atkinson (by phone)

 

 

 

I.a.  PB2016-02 Seminara & Doane c/o HFH Development LLC, Definitive Subdivision, Sisson Road and Forest Street

Engineer John O’Reilly presented the Definitive Subdivision plan.  He was joined by Attorney Jamie Norcross and developer Peter Donovan.  Mr. O’Reilly said they have addressed all issues raised previously by the Engineering, Water, Police and Planning Departments including location of the sidewalk and water main, survey benchmarks, guardrail notes and other items.  He discussed the existing vehicle track across Lot 1 that is being relocated along Chloe’s Path and then along the boundary between Lots 1 and 2.  Mr. J. Atkinson asked who had rights to this path.  He said that if a right-of-way is shown on the subdivision plan, then all legal rights to that right-of-way must also be provided.  Attorney Norcross said that rights to access are part of the Doane/Seminara agreement.

 

Attorney Norcross said that they had attended a Conservation Commission meeting and that the Commission has recommended that the Town of Harwich accept ownership of Lot 8.  He said he did not want the applicant to have to return to the Planning Board once the ownership and maintenance responsibility for Lot 8 moved from the homeowners association to the Town.

 

Mr. Spitz summarized the staff report.  Mr. J. Atkinson said that drainage problems on Forest Street need to be addressed.  Mr. O’Reilly said he would be glad to provide survey information on the location of drainage structures to the town; however, maintenance responsibility belonged to the Harwich Public Works Department.

 

Jamie Selldorff, an abutter at 192 Forest Street was concerned about construction noise and impact on her horses.  She read a section from the Harwich Right to Farm bylaw and asked if the Planning Board was considering that bylaw in its decision.  She asked where access would come from during construction.  Mr. O’Reilly replied that all access would come from Sisson Road and that they must comply with Massachusetts Natural Heritage requirements for the construction sequence – stripping of top soil, grading, installing drainage systems, road subbase, etc.

 

Robert Clobridge, an abutter at 225 Sisson Road, said there had been recent flooding on Forest Street between the Seminara property and Grassy Pond.  He was concerned that construction will make drainage worse including impacts on the wetland area.

 

Georgene Riedl of Harwich Port asked who will monitor the homeowners’ association that is supposed to be taking care of the Forever Wild areas in the subdivision.  She asked why 9 lots were being considered rather than just 1 or 2 closer to Sisson Road and away from the wetland area.  She said that new homeowners likely will use pesticides which will percolate into the wetlands.  Mr. Peterson replied that the Planning Board requests input from all Town Departments before making a decision on subdivisions.  Ms. Riedl asked if her January letter had been made available to the Planning Board.  Mr. Spitz later reviewed the file and said that the letter had been received but not read.  Mr. J. Atkinson asked Ms. Riedl to make any of her points at this meeting and noted that her letter would be made part of the record of the subdivision hearing.

 

Kathy Clobridge of 225 Sisson Road was concerned that the Planning Board was considering its approval before Massachusetts Natural Heritage had completed its review.  Mr. Spitz noted that the Conservation Commission, as part of its approval, had required that the Massachusetts Natural Heritage review be completed before any construction work began.

 

Bill Kavaleski of 138 Forest Street asked if the Planning Board approval covered just the road or the entire subdivision.  Mr. J. Atkinson said that they were reviewing the plans as presented.  Mr. Spitz added that subdivision review included road construction and associated grading and the proposed lot boundaries.  Specific home development on each lot, including possible impact on wetland buffers, would be subject to review by the Conservation Commission and others but would not return to the Planning Board.  Mr. Kavaleski asked if the test borings for the subdivision were still valid since they were taken in 2005.  Mr. O’Reilly replied that subsurface soil conditions were very typical of those found on Cape Cod and that there was no need to retake those soil borings.  Mr. Kavaleski also said there was another species, other than Box Turtles, that was endangered.  He was advised that the Massachusetts Natural Heritage Program would be the proper body to consider such impacts.  He also asked about the extent of regrading at locations closest to abutting property such as the corner of Lot 9 across from Lot 9.  Mr. O’Reilly replied there was a 30 foot distance from road pavement at that location.  He added that drainage calculations included all contributing areas, both paved and unpaved.

 

Judith Underwood, an abutter on the north side of Sisson Road, asked about the extent of grading; and Mr. O’Reilly described the various cuts and fills starting from Sisson Road at the location of the proposed new road.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the following findings:

 

  1. This subdivision is dependent on the “Approval Not Required Plan of Land in Harwich, MA for HFH Development. LLC”, dated December 11, 2015, to be endorsed by the Planning Board.
  2. The parcels fall wholly within the Residential-Low Density (R-L) zone.
  3. The residential use as developed will not adversely affect the neighborhood.
  4. The site is an appropriate location for such a use and structures.
  5. Lot 8 is not a building lot as it does not contain the required upland for area regulations of minimum lot size and is entirely wetland.
  6. Lot 9 is not a buildable lot as it does not contain the required upland for area regulations of minimum lot size.
  7. All buildable lots meet the minimum requirement for upland area.
  8. Building envelopes for Lots #1 - #7, as shown on the plan, are suitable for residential home sites.
  9. There will be no nuisance or serious hazard to vehicles or pedestrians.
  10. The Harwich Board of Health has provided a written determination of approval.
  11. Adequate and appropriate access and utilities will be provided for the proposed residential use.

 

The motion was approved by a 5-1 vote with Ms. Kozar voting no.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the waiver request for §400-12.A.5. Other Design Standards (Figure No.3) Certain Typical Side Slope Requirements.

 

The motion was approved by a 5-1 vote with Ms. Kozar voting no.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the Definitive Subdivision Plans for HFH Development, LLC, and the plans entitled “Chloe’s Path”, prepared by J.M. O’Reilly & Associates, Inc., John M. O’Reilly, P.L.S., 3 Pages, dated December 14, 2015 with revisions through February 16, 2016, based on the aforementioned findings and the fact that the application meets the requirements of the Code of the Town of Harwich subject to the following conditions:

 

Conditions:

  1. The permittee shall respond to comments from the Harwich Engineering Department memo dated January 14, 2016, as follows:
    1. The Datum used for the elevations must be identified and elevations transferred to at least one, preferably two benchmarks on site in locations that will not be disturbed during construction.
    2. During construction, the permittee shall strictly adhere to slope stabilization notes on the roadway Plan and Profile for Chloe’s Path.
    3. The permittee shall install guard rails where the vertical distance of fill is greater than six feet.
    4. The permittee shall submit a copy of the SWPPP (Stormwater Pollution Prevention Plan) to the Engineering Department along with proof of submittal to the Environmental Protection Agency.
  2. The permittee shall obtain approval from the Harwich Conversation Commission for disturbance within the 100’ buffer zone of a wetland.
  3. The applicant shall install a stop sign and painted stop bar on the private road at its approach to Sisson Road.
  4. The areas beyond the “limit of disturbance” lines on Lots 1 through 7 on the definitive subdivision plan shall be maintained as habitat and open space.  Section 1.D of the Declaration of Protective Covenants, as submitted with this application, shall not be revised without the approval of the Planning Board.
  5. Lot 8 shall be permanent protected open space in perpetuity protected by a Conservation Restriction.  Said lot shall be owned and maintained by the Chloe’s Path Homeowners Association unless it is accepted by the Town of Harwich.  Final documentation of the Conservation Restriction shall be fully executed and recorded at the Barnstable County Registry of Deeds and a copy submitted to the Planning Department.  Section 1.C of the Declaration of Protective Covenants, as submitted with this application, shall not be revised without the approval of the Planning Board.
  6. Lot 9 and the private road shall be owned and maintained by the Homeowners Association. 
  7. Pursuant to MGL c.41, §81-U and Chapter 400 of the Code of the Town Harwich a standard Planning Board Agreement and Covenant shall be fully executed and recorded at the Barnstable County Registry of Deeds and a copy submitted to the Planning Department.
  8. The Declaration of Protective Covenants shall be fully executed and recorded at the Barnstable County Registry of Deeds and a copy submitted to the Planning Department.
  9. No site work or road construction work shall commence until the plan and covenant have been duly recorded and documentation of said recording filed with the Planning Board.
  10. The road shall be known as Chloe’s Path.
  11. This approval shall be subject to receiving all necessary approvals from the Massachusetts Natural Heritage Program.
  12. The Definitive Subdivision plan shall be amended to depict the right-of-way between Lots 1 and 2.  The legal rights to said right-of-way shall be documented and recorded.

 

The motion was approved by a 5-1 vote with Ms. Kozar voting no.

 

I.b.  PB2016-03 Seminara & Doane, c/o HFH Development LLC – Approval Not Required (ANR)

Attorney Jamie Norcross and Engineer John O’Reilly appeared for the applicant.  Mr. O’Reilly said that the just-approved subdivision is predicated on the ANR going forward.  He provided a description of Lots A, A-1, B and B-1 including a note on the plan indicating which lots are to be combined.

 

Georgene Riedl asked about the purpose of this land swap.  Mr. O’Reilly replied that Parcel A-1 is landlocked and not usable by the current owner.  It is more useful to Quivet Neck Realty as part of the subdivision.  Access will not be changed.  Bill Kavaleski asked why Lots A and B-1 would not be separate lots rather than combined.  Mr. J. Atkinson said that the only Planning Board jurisdiction is on adequate access, and the Board cannot go further concerning the applicant’s motivation.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to endorse the ANR plan entitled “Approval Not Required Plan of Land in Harwich, MA for HFH Development. LLC”, dated December 11, 2015.  The motion was approved unanimously (6-0).

 

Mr. McParland moved and Mr. Peterson seconded a motion to close both public hearings for the Seminara/HFH Development subdivision and ANR.  The motion was approved unanimously (6-0).

 

II  Old Business

None.

 

III.  Briefings and Reports

 

Mr. J. Atkinson described a new article to be presented at May Town Meeting regarding expenditure of town funds to research tax-title properties.  He noted that the wording of the article limited parcels being researched to those eligible for CPC funding purposes.  He asked if any Planning Board members had concerns about this wording, and there were none stated.

 

IV.  New Business

 

IV.a.  PB2012-18, Fratus Covenant Release, Argyle Road North

 

Robert Fratus said that all work related to this subdivision had been completed.  Mr. Spitz said that both the Town Engineer and Town Planner has reviewed the site and concurred with Mr. Fratus.

 

Mr. McParland moved and Mr. Peterson seconded a motion to grant the applicant’s request for a full release of the Planning Board Agreement & Covenant, Book 27044 Page 248 as substantial conformance of the Planning Board’s Decision for case PB2012-18 has been demonstrated. The motion was approved unanimously (6 to 0).

 

IV.b.  Minutes

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the minutes for February 9, 2016.  The motion was approved unanimously (6 to 0).

 

 

The meeting was adjourned at 8:30 PM.

 

Respectfully submitted,

 

 

David Spitz

Town Planner