Planning Board Meeting
MINUTES
Planning Board
Town Hall, Griffin Room
Thursday, October 27, 2015 - 6:30 PM
6:33 Call to order – Chair Atkinson
Members present: Jim Atkinson, Chair, Joseph McParland, Alan Atkinson, Joan Kozar, Tom Stello, Peter de Bakker and alternates, Larry Brophy and Dave Harris.
I. Public Hearing
a. PB2015-28 Janet L. and Edward R. Olkkola, owners and applicant, c/o Wm. F. Riley, Esq. The owners of the property located at 1335 Orleans Road, Map 74, Parcel S8, in the R-R & W-R Zoning Districts propose to amend the Use Special Permit for an Accessory Apartment granted under Planning Board decision #AA-9201. Specifically, the application proposes release of the attendant restrictive covenant for parcel 74 / S11-3 (5 Olkland Way) and a modification of the grant for lot size pursuant to the current Zoning By-laws for properties in the Drinking Water Resource Protection (W-R) district. The proposal is pursuant to MGL 40a, §9 and the Code of the Town Harwich §325-51.H and §325-21 Table 2, Area Regulations.
VOTING on this case were Misters J. Atkinson, de Bakker, McParland, Stello, A. Atkinson and Brophy as well as Ms. Kozar.
PRESENTING: Attorney William Riley restated that the applicants are looking for release from a restrictive covenant which was put in place because the minimum lot requirement at the time was for 60,000 SF. That size has changed to 40,000 SF. The Board of Health has requested a condition limiting any new dwelling to 4 bedrooms as well as to make some physical modifications.
There was no public discussion and no Board comments.
Mr. McParland moved and Mr. Brophy seconded the motion to adopt the Findings of Fact as follows:
1. The parcel(s) is in the R-R and W-R zoning districts.
2. The structure is pre-existing and minimum requirements have been met for setbacks, area, bulk and frontage.
3. The main portion of the residential structure is greater than 1800 ± SF.
4. The one bedroom apartment is located above the garage, is within the footprint of the main structure and is approximately 560 ±SF. The apartment does not exceed the maximum dimensional square footage of 900 SF.
5. The wastewater requirements will be met following execution of the Board of Health conditions.
6. The driveway will provide sufficient off street parking which meets the minimum requirements.
7. It is the owner’s intent to continue to occupy the principal portion of the structure.
8. The application as submitted does not adversely affect local traffic or create traffic hazards.
The Board voted unanimously to adopt the findings. (7-0)
Motion to modify the Special Permit was made by Mr. McParland and seconded by Mr. Brophy. Affirmative votes were made by Misters A. Atkinson, Brophy, Stello, McParland, deBakker and Ms. Kozar. Mr. J. Atkinson abstained. (6-0-1)
b. PB2015-29 Resident Petition Betterment – Ginger Plum Lane. In accordance with the Harwich Code § 255-4 (Improvements to Private Ways) the Planning Board shall hold a public hearing to evaluate the plan, examine the cost estimates and hear from both abutters and the general public. Ginger Plum Lane is located in Harwich Port, Map 5.
PRESENTING: John O’Reilly of J.M O’Reilly Engineers explained the Betterment process in Harwich with road improvements being done with the Town acting as the “bank” but all of the cost being reimbursed by the Ginger Plum Lane owners. The Town would set aside funds with a lending limit. The road is 1450’ long and 20’ wide with the paved portion being 14’ wide. The plan is to pulverize the existing road using that mixture (referred to as “T Base”) as the base before grading and covering with asphalt. The plan before the Board is conceptual in nature with the costs as estimates only. Mr. O’Reilly stated that he could work with the suggestions offered by the Town Engineer.
Mr. J. Atkinson read into the record a letter from an abutter which suggested the need for a turn around. Members of the Board discussed that possibility and asked for more details of the plan. There was some concern as to the properties that abut the area which might be used as a turn around and whether an easement might be needed.
Mr. McParland asked if any of the abutting fences shown on the plan needed to be removed and Mr. O’Reilly said that he did not believe that was necessary because the new road would go over the existing road. Mr. J. Atkinson asked Mr. O’Reilly what would happen if the actual costs exceeded the estimated costs. Mr. O’Reilly said that he believed that was unlikely but that the scope of the work could change or the additional costs could be covered by the property owners by agreement.
Ms. Kozar asked if there could be some review by the Fire Department regarding the possibility of a turn around and Misters de Bakker and A. Atkinson agreed that now is the time to review that possibility.
Mr. J. Atkinson suggested a continuance until further information could be gathered.
Mr. McParland moved to continue the hearing until November 10. Mr. A. Atkinson seconded and the Board voted unanimously in favor.
II. Public Meeting
a.Pre-application Conference meeting: Harwich Port Plaza, 557 Route 28 - James Stinson, ESQ. for applicant Paul Manning.
POSTPONED at the request of the applicants.
- PB2007-45 Marini Nominee TR OSRD Special Permit - Request for extension. Glenn A. Wood, ESQ
PRESENTING for the applicants was Attorney William Crowell who introduced the owner’s son, Donald Marini. Attorney Crowell stated that the original subdivision was granted in 2007 and extended until 2011. The Permit Extension Act added another 4 years onto the timeline until December of 2015. The Applicants are looking for an additional extension because they believe they have exercised a substantial use of the permit as noted in the letter submitted by Attorney Glenn Wood or, in the alternative, because they can show good cause due to the inability of the market to recover after the recent financial crisis . If the Marinis have to go back to the Board to re-submit, the plan would still be the same, the bylaws are still the same, only the members of the Board are somewhat different.
Mr. Marini gave the Board some personal information regarding his family’s ownership of the property. He stated that the family never had any intension of developing the land but had it subdivided in preparation for a sale which never occurred. He hoped that the Board would allow for more time for a sale to happen.
The Board discussed a variety of concerns about adding more time to a process which has not been overtly acted upon over the past 8 years. Mr. Stello asked for clarification on whether the protection from zoning changes which would apply for the original years of the Special Permit would also extend if the Board granted an extension and he was told by Mr. Spitz that the protections would continue along with any extension granted.
Although Mr. J. Atkinson said he believed that the applicant had not made substantial use of the Special Permit, Misters A. Atkinson, Brophy, and Stello along with Ms. Kozar said they would agree with granting an extension. Attorney Crowell said that the applicants would return before the Board.
III. There was no Old Business to discuss.
IV. Briefings and Reports were put on hold until after the discussion of NEW BUSINESS. The scheduled Executive Session where the Board was prepared to meet to discuss the Cumberland Farms litigation was postponed until a later date. Mr. Brophy told the Board that the Saquatucket Harbor Committee approved Mr. Spitz’s preliminary plan with the removal and clean-up of the Downey property. There was also some discussion regarding continued interest in the Harwich Middle School repurposing.
V. New Business
a. Discussion of Draft East Harwich Rezoning Proposal- Ms. Kozar gave a detailed synopsis of the Draft Zoning Recommendations prepared and approved by the East Harwich Subcommittee (EHS). She noted that the process had continued through 18 years with the EHS attempting to best manage the area in preparation for inevitable future growth. There had been little consensus and much opposition from the community. She also stated that the proposed zoning would offer strict guidelines on how things would be laid out and would encourage modest, managed growth allowing for a mix of commercial, residential and green space in the approximately 60 acre parcel. Current zoning would not allow for affordable housing in the commercial zone and does not encourage open space. Ms. Kozar talked about the EHS’s review of wastewater and traffic issues which she noted were beyond the jurisdiction of the Planning Board. She ended by saying that any changes would require compromise and that the draft proposal would next go before the Board of Selectmen who had created the parameters for the plan.
Mr. J. Atkinson commended and thanked Ms. Kozar and the EHS members on behalf of the entire Planning Board and reminded the public that that the EHS came together at the request of the Board of Selectmen (BOS) with clear direction and parameters.
Public comments included those by Mr. A. Rosenberg who also commended the EHS and their draft proposal but would like to keep lot size limitations.
Ms. A. Howe expressed concern regarding the wildlife corridors and the interpretation of green space and thought the proposal should be held back until the Cape Cod Commission could offer more definition.
Ms. C. Ridley told the Board that she had attended most of the EHS meetings but felt that their assessments of nitrogen loads and traffic growth were below realistic expectations.
Mr. T. Nelson spoke at length about how he believed that the open space offsets needed to be a clear part of the proposal and not put off until after the Board of Selectmen’s initial review of the draft proposal. Ms. S. Windsor agreed. Mr. J. Atkinson answered by saying that the BOS had clearly stated that they would only review the offset issue after the initial draft proposal and that there will be a formal public hearing at some point to discuss offsets. At this stage, the Planning Board needs to bring a Zoning proposal to the BOS and then address other concerns.
Ms. W. Hartwell commended the EHS but thought that the community at large had been left out of the process.
Mr. B. Williams said that he wanted a more comprehensive plan and that he continues to be concerned regarding traffic growth and the open space offsets. Ms. S. Winsper also wanted more concrete plans for open space offsets before submitting the proposal to the BOS.
Ms. N. Schussler was concerned about increased traffic and the safety of bicyclists in the area.
Mr. J. Atkinson asked the Board if they were willing to offer their support to the EHS Draft Proposal and submit it to the BOS and all agreed that they were in approval.
b. Minutes: October 15, 2015 – Motion was made to accept the minutes of the 10/15/15 meeting by Mr. McParland and seconded by Mr. de Bakker with unanimous approval.
VI. Adjourn – Motion was made to adjourn the meeting at 9:00 p.m. by Mr. Brophy and seconded by Mr. McParland with all voting in favor.
Respectfully submitted.
Shelagh Delaney
Adopted: October 10, 2015