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Planning Board Meeting

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Meeting date: 
Tuesday, April 26, 2016

Planning Board Minutes

April 26, 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

Alan Atkinson

Peter de Bakker

Joan Kozar

Allan Peterson

Joe McParland

Larry Brophy (alternate)

 

1.a. (continued) PB2016-05 Tonka Girl, LLC, Definitive Subdivision (Industrial), Main Street Extension

 

Project Engineer Matt Farrell and Attorney Peter Farber appeared for the applicant.  Mr. J. Atkinson asked the applicant to describe what has happened since the last meeting.  Mr. Farrell addressed three points:  (1) Board of Health review, (2) the sidewalk waiver and (3) the walking path.  He noted that the owner has now agreed to request the sidewalk waiver and to provide payment to the town’s sidewalk fund in lieu of on-site sidewalk construction.  Mr. McParland asked how the fee was calculated.  Mr. Spitz said it was in line with other subdivision approvals.  Specifically, 572 linear feet of sidewalk at $14 per linear feet rounded by $8 gives a total required fee of $8,000.

 

Attorney Farber described concerns with Board of Health condition #3.  He presented an opinion from Town Counsel for the record.  He said the intent is to provide a sewer line under the concrete slab to the front for potential future connection to a municipal system but also to provide a line for current sewer flow to the side or rear.  The applicant will ask for interpretation of this condition from the Board of Health as individual systems are designed.  Ms. Kozar asked if the locations of septic systems are shown now, and Mr. Farber replied they are not.  Mr. McParland questioned whether the language of the Board of Health condition agreed with the applicant’s interpretation.  Mr. de Bakker, speaking as chair of the Wastewater Implementation Committee, said the intent is to advise a property owner of the intent, i.e. that he must be ready to connect to a municipal system that will run along the street.  Mr. A. Atkinson said it is not the Planning Board’s role to determine what the specific condition means.  Mr. J. Atkinson explained that the Planning Board condition, as drafted, only refers to inscribing the Board of Health conditions on the subdivision plan.  The Board of Health has the authority, if requested, to change those conditions before they are inscribed on the plan.

 

Mr. de Bakker said he is concerned that the road has been constructed for a long time.  He said plans should be approved before any construction begins.  Mike Escher, owner, said that construction was done by the Dennis Water Department.  Mr. Spitz said he observed road construction several months ago and advised the applicant to submit an application as soon as possible.  He added that the town engineer also had been advised of construction to date; and the engineer will require the applicant to conform to the normal inspection schedule.

 

Mr. J. Atkinson asked the applicant to describe the waiver requests.  Mr. Farrell described the angle of entrance of Denwich Road onto Main Street Extension and the reason for the lack of a 25’ wide radius on the westerly side.  The Town Engineer’s concurrence with the berm waiver request was documented at last month’s meeting.

 

Rick Hamlin, an abutter, questioned the condition regarding the sewer line.  He asked how long it would be before sewer ran down that street, and Mr. de Bakker replied that this part of town would not be sewered for a long time.  Mr. Hamlin said he felt it was an overreach by the town.  Mr. J. Atkinson said he had to present his concern to the Board of Health.  Mr. Hamlin also noted the pedestrian way is not a public way.

 

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

 

  1. Two parcels comprise said lot. The major portion of the land lies in Harwich. A small portion of the land lies in Dennis and is shown on Plan Book 649, Page 33.
  2. The Town of Dennis parcel contains 26,698 SF.
  3. The Harwich parcel is wholly within the Industrial Limited (I-L) zone.
  4. Said lots meet the minimum requirements for area and frontage.
  5. The site is an appropriate location for such a development.
  6. This industrially zoned parcel is served by an existing Town road, Main Street Extension.  Traffic from 4 new industrial lots, totaling 2.6 acres in size, will not significantly impact the ability of Main Street Extension to handle vehicular traffic.
  7. Extension of the subdivision road to undeveloped land in Dennis could significantly impact traffic on Main Street Extension.
  8. Adequate and appropriate access and utilities will be provided for the proposed Industrial use.
  9. The location of the subdivision within the Industrial zone will not benefit from sidewalk construction.
  10. Buffer and landscaping requirements are appropriate for consideration under §325-18.N and §325-55.E(1) of the Harwich Zoning Bylaw at the time of Site Plan review for the portions of any industrial lot abutting the adjacent Thankful Chase residential development.  Buffer and landscaping details were previously addressed at this location under Site Plan approval PB2015‑11.

 

The motion was approved unanimously (6 to 0) with the Planning Board alternate member not participating.

 

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

 

  1. §400-12.A.(2). Roadway Design Standards for Location and Alignment (Appendix 3, Figure No.1) - Minimum Standards for Radius.
  2. §400-12.A.(2). Roadway Design Standards for Location and Alignment (Appendix 3, Figure No.1) - Minimum Intersection Angle for Left Turn Exits.
  3. §400-12.B.(2). Roadway Design Standards for Width (Appendix 3, Figure No.3) - Berms.
  4. §400-14.M.(7). Waiver of Sidewalk Construction.

 

The motion was approved unanimously (6 to 0).

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the definitive subdivision plan for the applicant, Tonka Girl, LLC as shown on a survey plan entitled “Definitive Subdivision Plan of Land” in Harwich & Dennis MA prepared for Tonka Girl, LLC, dated February 3, 2016, by J.M. O’Reilly & Associates, Inc. and on a 5-page plan set entitled “Tonka Girl LLC, 0 Main Street Extension” prepared by John M. O’Reilly and Associates, dated 02/03/16 along with the following conditions:

 

  1. The road shall be known as Denwich Road.
  2. Continuation of Denwich Road to serve additional land in Harwich or Dennis shall require modified subdivision approval from the Harwich Planning Board.  At such time, the Planning Board may require the applicant to submit a traffic study evaluating the impact of additional traffic onto Main Street Extension.
  3. An in-lieu-of sidewalk fee shall be paid prior to the first request for an Occupancy Permit in the subdivision in the amount of $8,000.
  4. Board of Health conditions shall be inscribed on the plan as specified in MGL c41, 81U.
  5. A revised Mylar is required.
  6. A standard Planning Board Agreement and Covenant shall be fully executed and duly recorded at the Barnstable County Registry of Deeds.

 

The motion was approved unanimously (6 to 0).

 

Mr. de Bakker moved and Mr. McParland seconded a motion to close the public hearing.  The motion was approved unanimously (6 to 0).

 

II.  New Business

 

II.a.  Salt Box Food Truck – Extension of Special Permit

 

Jennifer and Doug Ramler, owners, appeared to present the extension request.  Ms. Ramler said they had a very successful first season at this location and would now like to renew their permit.  She apologized for not completing all required signs last year.  However, the signs have now been made up and will be placed on-site before beginning operation this year.  Mr. A. Atkinson asked if the signs must be approved by Harwich Police.  Ms. Ramler said they did not since they will be located on private property.  Mr. J. Atkinson said the signs must be clearly visible from the Route 28 crosswalk.

 

Mr. McParland moved and Mr. Brophy seconded a motion to extend Special Permit PB2015-17 for Sea Street Productions LLC, d/b/a Salt Block Food Truck for five years.  The motion was approved unanimously (7-0).

 

II.b.  Notification of Chapter 91 Application – Saquatucket Harbor

 

Mr. Spitz explained that the application was for waterside improvements to Saquatucket Harbor.  Some of the work will involve better accessibility for persons with disabilities.  The Nantucket ferry and three other public-oriented boats will all be at one accessible location adjacent to the boat loading ramp.  Overall, the number of slips will be expanded and piers will extend a bit further into the existing channel.

 

Mr. J. Atkinson asked Mr. Spitz to find out the time and place of any hearing to be held by Massachusetts DEP.

 

Mr. Spitz also distributed a preliminary site plan showing landside improvements.  In general, Planning Board members felt that the plans should be changed to reduce parking areas and to increase waterfront development.  Mr. Spitz noted that the landside site plan would be presented later to the Planning Board for Site Plan review.

 

II.c.  Minutes

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the minutes for March 22, 2016.  The motion was approved unanimously (7 to 0).

 

II.d.  Advisory Opinions Board of Appeals – April 2016

 

Mr. Peterson noted that the first three cases all involved tear down and rebuilds in Harwich Port.  The Planning Board generally discussed options for addressing this issue.  No conclusions were reached.  The Planning Board had no other comments on current Board of Appeals cases.

 

III  Old Business

 

III.a.  Signatures for Approved Projects

 

The Planning Board signed the final plans, Mylar and covenant for the Seminara/Doane subdivision.

 

IV.  Briefings and Reports

 

Mr. Brophy distributed an article on a November 2016 vote to legalize recreational marijuana in Massachusetts.  He recommended that the Planning Board pay attention to this issue and its potential impact on Harwich.

 

The meeting was adjourned at 8:00 PM.

 

Respectfully submitted,

 

 

David Spitz

Town Planner

 

Adopted:          May 24, 2016