Planning Board Meeting
Planning Board Agenda
Town Hall, Griffin Room
Tuesday, July 12, 2016 - 6:30 PM
MINUTES
Members Present: Atkinson, de Bakker, McParland, Brophy, Cebula, Harris (Alt) and Maslowski (Alt)
Members Absent: Stello and Peterson
Others Present: Charleen Greenhalgh, Asst. Town Administrator and Interim Planner; David Clark; Gerald Coughlan; Freeman Allison; Michael Ford; James Stinson; Sean Riley; William Crowell; Richard Waystack; William Riley; William Marsh
Call to order by Chairman Atkinson at 6:30pm
Welcome new member(s)
Mr. Atkinson welcomed new members Larry Brophy - Alternate to Full member, Linda Cebula - Full member and Mary Maslowski - Alternate member.
Public Hearings
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 §81 K-GG. The property is known as 0 Main Street Extension (north of 62 Main Street Extension), Map 55 Parcel F-1 in the R-L zoning district. Continued from May 26, June 14 and June 28, 2016.
After review of the materials and information provided by the Applicants and discussion on the same, Mr. McParland moved and Mr. de Bakker seconded the motion to allow the Applicants’ request to Withdraw without Prejudice. The vote referenced the letter from Attorney Robert G. Scarano dated July 7, 2016. The Board voted in favor 4-0. (Messrs. McParland, Brophy, Atkinson and de Bakker)
Mr. McParland moved and Mr. de Bakker seconded the motion to waive the filing fee for the definitive subdivision’s re-submittal within six (6) months. The Board voted 5-0 in favor. (Messrs. McParland, Brophy, Atkinson, and de Bakker and Ms. Cebula)
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 §81 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. Continued from June 14, 2016.
Mr. Allison provided a lengthy discussion regarding the municipal lien certificate letters from the Town Assessor and Tax Collector. Mr. Clark reviewed the outstanding items from the previous meeting; including the sight distance on Headwater Drive.
Voting on this application were Mr. Brophy, Mr. McParland, Mr. de Bakker and Mr. J. Atkinson.
After review of the materials and information provided by the Applicants and discussion on the same, Mr. McParland moved and Mr. Brophy seconded the motion to approve a five (5) lot preliminary subdivision plan pursuant to the Code of the Town of Harwich c.400, Article II as set forth in M.G.L. c. 41 §81 K-GG, subject to issues raised by Town Departments. Mr. Brophy, Mr. de Bakker and Mr. McParland voted in favor and Mr. J. Atkinson voted in opposition feeling that the road is not adequate for a 5 lot subdivision. As a positive vote of four (4) members is required to approve, the motion failed with a vote of 3-1 (Messrs. McParland, Brophy and de Bakker voting in favor; Mr. Atkinson voting opposed)
Mr. Clark requested the reasons for the dissenting vote. Mr. Atkinson does not believe that an unpaved road is suitable for five lots.
Public Meeting
Approval Not Required
PB2016-18 RJR Management & Consulting Inc., owner and applicants Rick Roy Construction LLC and Sean O’Leary, TR of 129 Queen Anne Road Realty Trust seeks approval of 2-Lot division plan for the proposed purpose of conveyance as set forth in M.G.L. c. 41 §81 K-GG. The parcel is identified as Map 57 Parcel G5 (0 Queen Anne Road) abutting the Town of Harwich Transfer Station at its most Westerly corner. The land lies in the I-L district.
Dave Clark, PE clarified some of the details of the lot configuration and explained the 30’ easement through the existing parcels to the new lots.
Mr. McParland moved and Mr. Brophy seconded the motion to endorse the ANR plan entitled “Plan of Land”, prepared for Rick Roy Construction, LLC & Sean M. O’Leary, TR. of 129 Queen Anne Road Realty Trust, Deed Book 28223, Page 300 & Deed Book 28481, Page 93, Lot 2, October 20, 1978 Plan; prepared by S.R. Sweetser, prepared by Donald T. Poole, PLS, Outermost Land Survey, Inc., dated May 2, 2016. The Board voted unanimously to approve. 5-0 (Messrs. McParland, Brophy, Atkinson, and de Bakker and Ms. Cebula)
Informal Discussions
Harwich Port Plaza, 557-563 Route 28 (previously known as Dino’s and parking lot)
Michael Ford, Attorney James Stinson, and Sean Riley representing. Mr. Ford handed out a plan from 1955 which showed the original building, which sat at the street line. It burned down and the existing plaza was built with the parking at the street line. The proposed plan is for mixed use with approximately 37.5% of the proposal being commercial and the remainder as condominiums/apartments. Mr. Harris expressed his strong support to leave the parking area sufficient for future restaurants. Attorney William Crowell, representing the Waystacks expressed his strong opposition to the extended parking plan for future restaurants. Joe Della Morte was concerned with the planting islands as positioned in the parking plans and the maneuverability of deliver trucks.
There would be a three party agreement created for the maintenance of the proposed shared parking lot at the rear of the building. The proposed uses in the new building would require 34 parking spaces; however the plan provides for 60+ spaces. The calculations for uses of the neighboring buildings (Waystack and Della Morte) will be included in future parking calculations.
Eastward Homes, Crocker Rise lots abutting Brewster Golf (50’ no disturb buffer)
Mr. Riley and Mr. Marsh noted that the Applicants would be seeking permission to place a fence along the northerly property of the subdivision for the entire length. After some discussion, they agreed to a 4’ black chain link fence. A modification of the Open Space Special Permit would be required to move forward.
New Business
Minutes: June 28, 2016
Mr. Brophy moved and Mr. McParland seconded the motion to accept the Minutes of 6/28/16. The Board voted 4-2 to accept with Ms. Cebula and Mr. J. Atkinson abstaining.
Chairman and Vice Chair/Clerk Elections
Mr. Harris spoke on behalf of the Board and thanked Mr. J. Atkinson for time, effort and service as Chairman of the Planning Board.
Mr. J. Atkinson then moved and Mr. McParland seconded the motion to nominate Mr. Brophy as Chairman. The Board voted unanimously in favor.
Mr. McParland then moved and Ms. Cebula seconded the motion to nominate Mr. J. Atkinson as Vice Chair. The Board voted unanimously in favor
Mrs. Greenhalgh explained that a member of the Planning Board is needed for the Affordable Housing Production Plan team and it was suggested that Ms. Cebula would be a good candidate.
Mr. Atkinson as that two (2) members of the Planning Board be on the Interview Committee for the Town Planner; the Chair being one and the other chosen by the Chair. Mrs. Greenhalgh will bring this request to the Town Administrator.
Board of Appeals Advisory Opinions - July 27, 2016
There was some discussion regarding the properties in the Old Campground area of Harwich Port and the need for future discussion regarding a potential Historic Designation. There were no comments or recommendations on the application to the Board of Appeals for July 27, 2016.
Adjourn 8:45
Mr. McParland moved and Mr. de Bakker seconded the motion to adjourn. The Board voted unanimously in favor.
Respectfully submitted,
Shelagh Delaney
Adopted: July 26, 2016