Planning Board Meeting

Planning Board

Town Hall, Griffin Room

Tuesday, June 14, 2016 - 6:30 PM

MINUTES

Call to Order by Chairman Atkinson at 6:30.

Members Present: J. Atkinson, A. Atkinson, J. Kozar, L. Brophy, T. Stello, D. Harris, A. Peterson, J. McParland, P. de Bakker.

1. Applications

Public Hearing

1. PB2016-07 Caroline Harwich, LLC, owner and Orthopedic & Sports Physical Therapy of Cape Cod, applicant, c/o Michael B. Stusse, Esq., representative, seek approval of a Site Plan Special Permit pursuant to the Code of the Town Harwich §325-55 and 325-51 as set forth in MGL c. 40A §9. The proposal seeks to construct a 6,625 SF medical clinic structure with certain appurtenant site improvements. The property is located at 0 Stagg Drive, a.k.a. 172 Route 137, Map 86 Parcel M9-2 in the CH-2 zoning district and W-R overlay district and Six Ponds Special District.  Continued from May 26, 2016.

Presenting for the Applicants were Attorney Mike Stusse and Site Engineer, Dan Ojala of Down Cape Engineering.

Attorney Stusse said that the proposed use already exists for a neighboring lot. The site is within 3 different zoning districts, including the water recharge area. Dan Ojala spoke of the existing conditions of the lot which is dry, level and has a 50’ partially finished access road. The chosen address will be 172 Route 137. The plan includes a reduction in the area that is under asphalt as well as a reduction in the site coverage to 30%. Storm run-off will meet the 40% TSS standard and there will be a septic system approved by the Board of Health. No hazardous materials will be kept on site. There will be adequate parking and lighting. No waivers have been requested.

Along with the application and narrative the following plans and documents were

submitted for review and consideration:

• Site Plan, #172 Route 137, East Harwich, prepared for Orthopedic & Sports Physical Therapy of Cape Cod, Sheet 1 of 3 by Down Cape Engineering, Inc., dated 4/11/2016 and revised 6/1/16.
• Lighting Plan & Existing Conditions Site Plan, #172 Route 137, East Harwich, prepared for Orthopedic & Sports Physical Therapy of Cape Cod, Sheet 2 of 3 by Down Cape Engineering, Inc., dated 4/11/2016 and revised 6/1/16.
• Detail Sheet to Accompany Site Plan, #172 Route 137, East Harwich, prepared for Orthopedic & Sports Physical Therapy of Cape Cod, Sheet 3 of 3 by Down Cape Engineering, Inc., dated 4/11/2016 and revised 6/1/16.
• Drainage Calculations, #172 Route 137, East Harwich, prepared for Orthopedic & Sports Physical Therapy of Cape Cod by Down Cape Engineering, Inc., dated   4/11/2016.

Mr. Spitz read the Planning Staff Comments:

The proposed building will relocate and expand an existing business currently located on

the abutting property to the south. It is an appropriate use for this location.

The following site plan details are noted:

• The number of parking spaces satisfies the minimum requirement of the Zoning Bylaw (see additional comment below).
• The applicant states that a loading dock is not needed for this type of business, and Planning Staff concurs. Under Section 325-40, the Planning Board should make a finding that loading and unloading areas are not required for this building.
• The 24’ driveway width plus turning radii are appropriate for this use. The edge of the side line of the driveway (excluding turning radii) is approximately 55 ‘ from the edge of Route 137, in excess of the minimum 50’ distance from intersecting streets in a Commercial district (Section 325-42.H).
• The site would benefit by provision of a walkway from the existing Route 137 sidewalk to the building entrance. Due to lot coverage limits, any such additional walkway must have a pervious surface.
• A total of fourteen 3” caliper trees are shown on the site plan and exceed minimum landscaping requirements.
• The lighting plan complies with the requirements of Article XXI.
• The location of a proposed ladder sign is shown on the site plan. Sign details must be approved separately by the Building Department.

The applicant has reduced the desired size of both his building and parking area due to the limitations of the CH-2 Zoning District. With a 10% limit on building coverage and 30% limit on lot coverage, the provisions of this district are more restrictive than any other Commercial District on Cape Cod. Planning Staff hopes that the Town will be able to ease these restrictions in the future to give this type of use reasonable opportunities for expansion.

Proposed Findings:

1. There will be no nuisance or serious hazard to vehicles or pedestrians.

2. The plan provides for efficient and safe disposal of surface water.

3. The use is consistent with the Zoning Code and will not adversely affect the

neighborhood.

4. The specific site is an appropriate location for the use and structure.

5. The use is permitted in the Six Ponds Overlay District, and the plan demonstrates

harmony with the purpose of the district.

6. Landscaping and lighting and other site plan details are adequate.

7. In accordance with §325-40, the Planning Board finds that a loading area is not

required for the proposed use.

There was a Motion to accept the Proposed Findings by Mr. McParland and seconded by Mr. Peterson which was unanimously approved. 7-0-0.

Then Mr. McParland moved and Mr. Peterson seconded to approve the site plan special permit requested for the proposed building and site improvements at 172 Route 137 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.

1. Outdoor storage of materials or equipment shall not be permitted.

2. The applicant shall comply with the conditions of the Board of Health approval

letter dated May 18, 2016.

3. Any changes to the site plan shall be subject to further Planning Board review.

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

Mr. McParland then moved and Mr. Peterson seconded to approve the use special permits pursuant to §325-9 and §325-13.D of the Harwich Zoning Code based on the above findings.

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

There was then a motion to close the Public Discussion by Mr. Peterson and seconded by Mr. de Bakker which was approved unanimously by the Board. 7-0-0

1. PB2016-09 Robert W. and Patricia N. Shelley, owners, c/o Robert G. Scarano, Esq., representative. The proposal seeks approval of a four (4) lot definitive subdivision plan (three (3) buildable lots and one (1) non-building lot) with waivers pursuant to the Code of the Town of Harwich c.400, Article II as set forth in MGL c. 41 §88 K-GG. The property is known as 0 Main St. Extension (north of 62 Main St. Extension), Map 55 Parcel F1 in the R-L zoning district. Applicant has requested in writing a continuance to June 28, 2016 Planning Board meeting.

1. Mr. A. Atkinson moved and Mr. Peterson seconded to continue Case PB2016-09 until June 28, 2016.    The Board voted unanimously in favor. 7-0-0

1. PB2016-10 Skecheconet Realty Trust, Mark Sangiolo, TR, owners and applicants seek approval of a Modification of Definitive Subdivision Plan pursuant to the Code of the Town of Harwich c.400, Article II and more specifically §400-6 as set forth in MGL c. 41 §88 K-GG. The proposal is specifically to amend the roadway design of Skecheconet Way, Map 4 in the R-L zoning district.  Continued from May 26, 2016.

Presenting the case were Attorney Roger O’Day and the Owner/Applicants Mark Sangiolo and his wife, Susan Sangiolo, who is acting as the landscape architect for the project. Applicants are proposing a 16’ rural road for their 3-lot approved subdivision. They stressed that all 3 lots will be owned by members of the same family and that they had a road maintenance agreement in place that will run with the land. They hoped to keep the rural nature of the neighborhood intact. The proposed modification is shown on the plans and documents submitted to the Town

Clerk and date stamped April 12, 2016 as follows:

• Plan entitled “Road Design Waiver for Skecheconet Way, West Harwich, MA Approved Subdivision 09/05/89”, sheet C1, dated April 11, 2016, stamped by Joseph B. Sangiolo, PE.
• Narrative with waivers and road name change, letter dated April 11, 2016.

Waivers Requested by the Applicant:

1. §400-12.A(2) Location and Alignment - Centerline shift due to a 2005 new water

service.

2. §400-12.A(2) Utilities Installation: App / Figure 3. - Amend the location of the

utilities lines as shown to preserve natural vegetation of trees and shrubs.

3. §400-12.B.(1) Right-of-way width – A 40’ width is allowed but a 50’ way as shown

is preferable and allows all existing lot lines to be kept as is.

4. §400-12.B(2) Minimum width: Figure 3 - A reduction in width to Board policy

standards of 16’ without berms in lieu of 22’ with 1’.6” berms approval of 1989.

5. §400-12.C. Dead End Turnaround - increase the center island planting diameter to

40’ from 30’ without a curb and maintain a 45’ Radius to the edge of the Road with

a 5 -1 10’ lawn shoulder to maintain the rural character of the land.

Mr. Spitz read the Staff Notes:

          Planning Staff Comments

The applicant came before Planning and Engineering staff for a pre-application review of

the requested waivers. Following comments from Engineering, the applicant revised

portions of the plan and is now seeking a formal modification.

The right-of-way remains the same as in the original road approval plan. The revised

plan shifts the travel way within the right-of-way including the road centerline and

utilities, reduces road width, and changes the approved road surface from paved to

gravel.

In accordance with the attached memo on Subdivision Design Standards for Ways,

Planning Staff recommends approval of all requested road waivers except that a road

width of 18’ is preferred to 16’ to facilitate two-way traffic.

The applicant has requested that the existing road name, Skecheconet Way, be changed.

However, E911 cannot approve any of the new road names requested by the applicant.

The applicant has been advised to submit a new list of names.

Comments from Other Boards/Committees/Departments

Conservation: Any work within the 100’ buffer zone or the 200’ riverfront area will

require Conservation Commission approval.

Mr. McParland said that he believed that the 16’ wide road made the most sense. Mr. Brophy and Mr. A. Atkinson agreed. Mr. J. Atkinson disagreed and said he believed access by emergency vehicles would be impeded.

Public Comments:  Mr. and Mrs. Lawrence Damon, abutting neighbors said they supported the plan for a 16’ wide road because they respected the Applicants’ desire to keep their property quaint and rural. They hoped the Board would approve the request.

Mr. McParland moved and Mr. A. Atkinson seconded the motion to approve the Findings of Fact as follows:

1. The subdivision plan dated June 1, 1989 was approved without waivers on

September 5, 1989 following a grant by the Board of Appeals and registered with

Land Court (LC) on June 22, 1990 as LC Plan #35431 B.

2. The above subdivision plan, as signed by the Planning Board, identified lots as Lot

1 along Herring River through Lot 4 abutting Chase Street. The same lots were

identified in the registered plan #35431 B as Lot 3 along Herring River through Lot

6 abutting Chase Street. Additionally, Skecheconet Way was identified as Lot 7 in

the latter plan.

3. The original Planning Board Agreement and Covenant had ‘no conditions’.

4. On or around the autumn of 2005 the then applicant presented a plan to modify

the roadway design and to seek a release of one lot, being Lot #6. The Board

accepted the applicant’s proposal to allow the way to be constructed at a 16’ width

with a gravel surface to the westerly portion of Lot #6 and with underground

utilities to serve Lot #6.

5. Following this approval and release, Lot #6 was granted a special permit for

Alternative Access along its northerly lot line at Chase Street, and the construction

plans demonstrated such access.

The Board unanimously voted to accept the findings of fact. 7-0-0

Mr. McParland then moved and Mr. A. Atkinson seconded the motion to approve the applicant’s request for waivers as submitted. Mr. J. Atkinson and Mr. P. de Bakker voted in opposition. Ms. Kozar, Mr. Peterson, Mr. A. Atkinson, Mr. McParland, Mr. Stello voted in favor. Approved 5-2

Mr. McParland then moved and Mr. A. Atkinson seconded the motion to approve the modification plan for Skecheconet RT and Sangiolo Associates as shown on the plan entitled “Road Design Waiver for Skecheconet Way” West Harwich, MA Approved Subdivision, dated 09/05/89, stamped by Joseph B. Sangiolo, PE, with the following condition:

1. The existing performance guarantee shall remain in full effect until the road

construction is complete.

Mr. J. Atkinson voted in opposition. Mr. P. de Bakker, Ms. Kozar, Mr. Peterson, Mr. A. Atkinson, Mr. McParland and Mr. Stello voted in favor. Approved 6-1

Mr. McParland moved and Mr. A. Atkinson seconded the motion to amend the Modification of Subdivision for Skecheconet Way to incorporate by reference a document entitled “Road Maintenance Agreement” dated 6/13/2016 stamped by the Planning Department. Unanimously approved. 7-0-0

Mr. McParland moved and Mr. de Bakker seconded the motion to close the Public Hearing which was unanimously approved. 7-0-0

Public Meeting

1. PB2016-12 Gerald D. and Sally A. Coughlan and Freeman Allison, owners, c/o Clark Engineering LLC, seek approval of a five (5) lot preliminary subdivision plan pursuant to the Code of the Town of Harwich c.400, Article II as set forth in MGL c. 41 §88 K-GG. The location is described as “Land off Philip Ellis Way” located immediately east of the Epoch Senior Healthcare facility on Headwaters Drive. The property is known as 0 Old Brewster Road, Map 69 parcel D1 and Map 81 Miscellaneous in the R-R zoning district. The parcels are referenced on a Perimeter Plan at the Barnstable County Registry of Deeds, Plan book 663, page 15.

Presenting for approval of the Preliminary Subdivision Plan was Dave Clark of Clark Engineering and Misters Coughlin and Ellison, owners of the parcel in question. Mr. Clark told the Board that the owners were proposing a 5 acre, 5 lot subdivision off of Headwaters Drive. The proposal offers a 25’ way, 40’ wide road with T base and a gravel surface. The owners would be looking for a waiver of sidewalk as there are no other sidewalks on Headwaters Drive.

Mr. Spitz read from the Planning Staff notes. The applicants need to come up with a definitive name for the road. The Building, Engineering and Planning Departments are concerned about the opening on a curve on Headwaters Drive. The applicants have not yet offered a Municipal Lien Certificate but the owners say that the delay is with the Town. Some shape factors need to be addressed.

Mr. J. Atkinson wanted clarification on the easement rights with Epoch and also whether the applicants have ownership of the road or is it an ancient way. Mr. Ellison said that it is both an ancient way and owned by him and Mr. Allison. Mr. J. Atkinson was concerned that the panhandle design could change the plan and wanted the municipal lien issue resolved before approving anything.

M. McParland suggested that if a sidewalk waiver is allowed that the applicants put that money toward the sidewalk fund.

Mr. de Bakker was concerned about future development of the adjoining rear lots and what the potential impact could be on the 25’ road access as well as the sharp exit onto Headwaters Drive.

Mr. Spitz clarified that none of the other lots could be developed without widening the proposed road to 50’.

Mr. J. Atkinson said that he thought the Applicants should ask for a continuance until July 12^th in order to come back with more specifics regarding the proposed road. Ms. Greenhalgh said that the Board has only 45 days to act on the request unless the parties agree in writing to a waiver of the time requirement. She also told the applicants that they should go directly to the Board of Assessors for the Tax Lien Certificate. The Applicants agreed and constructed an acceptable waiver which was signed by the Applicants and the Board members.

Mr. McParland moved and Mr. Brophy seconded the motion to continue the case until July 12, 2016. The Board voted unanimously in favor. 7-0-0

1. New Business
   1. Mr. Brophy moved and Mr. de Bakker seconded the motion to accept the Minutes of May 24, 2016 with one change to the heading from “Agenda” to “Minutes”. The Board voted unanimously to accept. 7-0-0

1. Advisory Opinions - Board of Appeals - June 2016. There were no questions or comments.

1. Old Business
   1. Mr. Spitz offered documents to sign. The first was from the “Tonka Girl” approved 4-lot subdivision plan and the second was to preserve an 8-9 lot subdivision off of Route 39. Board members signed the documents.

1. Briefings and Reports

1. Adjourn

Mr. de Bakker moved and Mr. Brophy seconded the motion to adjourn the meeting. The Board voted unanimously to adjourn. 7-0-0

Submitted by Shelagh Delaney

Adopted:       June 28, 2016