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Planning Board Meeting

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Meeting date: 
Tuesday, July 26, 2016

Planning Board Agenda

Town Hall, Griffin Room

Tuesday, July 26, 2016 - 6:30 PM

 

MINUTES

(Extracted from written notes and AV recording)

 

Members Present: James Atkinson, Peter de Bakker, Joseph McParland, Larry Brophy, Al Peterson, Linda Cebula, Dave Harris (Alternate) and Mary Maslowski (Alternate)

Members Absent: Stello

Others Present: Charleen Greenhalgh, Asst. Town Administrator and Interim Planner;

John O’Reilly, Craig Borden, Terrie Borden, Bob Cafarelli Town Engineer, Eric Beebe, Joseph Johnson, Arthur Bodin.

 

Call to order by Chairman Brophy at 6:30pm.

 

Public Hearings

 

I.a.

PB2016-15 Borden, Craig R. & Terrie L. owners, J. M. O’Reilly, P.L.S., representative. The proposal seeks approval of a 2-lot Definitive Subdivision Plan pursuant to the Code of the Town Harwich §325-18.Q.3 for satisfactory access for a panhandle lot (Lot #2) as set forth in M.G.L c. 41 §81.KGG. The property is known as 424 Pleasant Lake Avenue, Map 91 Parcel J3-4 in the R-R zoning district.

 

Mr. O’Reilly presented the application for the Bordens and stated the plan‘s dimensional qualities for frontage and area.

 

Findings of Facts

After public deliberation and hearing from all parties having an interest in the case, the Board members reviewed the criteria for granting a Definitive Subdivision and following a motion by Mr. McParland and seconded by Mr. de Bakker, the Board voted unanimously (6-0-0) to adopt the following:

 

  1. Said parcel was endorsed as part of an Approval Not Required plan by the Board on 04/28/15 and recorded in Plan Book 658 / Page 27.

 

  1. The land is situated in a Residential - Rural (R-R) zone.

 

  1. Said lots demonstrate compliance of minimum dimensional requirements for frontage, area and shape.

 

  1. Lot #2 has frontage on a private way shown on a plan approved and endorsed in accordance with subdivision control law and under panhandle regulations has proper frontage (≥ 35’) on Hinckley Road a way that is safe and adequate.

 

  1. Lot #2 satisfies all requirements under §325-18.Q. for a panhandle lot as suitable access by a driveway to said lot is provided within the panhandle and, in the opinion of the Board, the access is wide enough and otherwise satisfactory for a driveway.

 

Definitive Subdivision

Based on the aforementioned Finding of Facts and the fact that the application meets the requirements of the Code of the Town of Harwich, Mr. McParland moved and Mr. de Bakker seconded a motion to approve the application for the Definitive Subdivision for Craig & Terrie Borden and the plans entitled “Definitive Subdivision Plan of Lot 4 as shown on Plan Book 658, Page 27 in Harwich, Massachusetts”, as surveyed and prepared for Craig & Terrie Borden by J. M. O’Reilly & Associates, Inc., dated June 13, 2016 subject to the following condition(s):

  Conditions of Approval:

 

  1. The Board of Health condition(s) shall be noted on the plan or such document of conditions shall be referred to on the plan (M.G.L. c.41, 81.U.)

So voted unanimously (6-0-0).

 

I.b.

PB2016-16 Town of Harwich Selectmen, owner Eric Beebe, Recreation Director as Applicant seeks approval of a Site Plan Review Special Permit and a Use Special Permit for Brooks Park pursuant to the Code of the Town Harwich §325-55 and §325-51 as set forth in M.G.L c. 40A §9. Brooks Park is identified as Map 41 Parcel C6 in the R-R zoning district and the Harwich Center Historic District.

 

Mr. Cafarelli and Mr. Beebe presented. Mr. Cafarelli detailed elements included under this review. The restrooms are not part of this phase. The construction is going out to bid in fall (Clearing and grading in kind). The presenters responded to questions about NHESP, the old water department cartway and pedestrian only pathway.  Mr. Cafarelli noted that the NHESP permit is still in effect. An updated letter was expect in the near future. The presenters responded that there is no intent to develop the old water department cartway into traffic egress routes based on the review from the Police Chief and, the Recreation Commission (the “Commission”) prefers to maintain a narrow ‘pedestrian only’ footpath as two bike paths already exist.

 

Mr. Beebe reviewed the phased project’s stages.  Phase four details will be at an upcoming Recreation Commission meeting but will include restrooms due to increased use of facilities.

 

After review of the materials and information provided by the Applicants and discussion on the same, the following votes were taken:

 

Fee Waiver:

Mr. McParland moved and Mr. de Bakker seconded the motion to approve the request for a fee waiver.  Unanimously approved.

 

Findings of Facts:

Motion by Mr. McParland, seconded by Mr. Atkinson to adopt the following:

 

  1. The proposed use for additional municipal services at Brooks Park is a permitted municipal use in the Residential - Rural (R-R) Zoning District and is an appropriate location.

 

  1. Said expansion plan of municipal facilities will benefit residents and visitors alike and will improve pedestrian and vehicle safety at the park due to the layout and design.

 

  1. There will not be an adverse effect on the neighborhood and proper measures have been taken for parking area drainage.

 

  1. The parcel is located in the Harwich Center Historic District (HCHD.)

 

  1. Plans include adequate and appropriate facilities for the removal of stormwater.

 

  1. The applicant will review with the deputy Police Chief his comments regarding the pedestrian path.

 

Unanimously approved 6-0-0.

 

Site Plan Review Special Permit:

Mr. McParland moved and Mr. Atkinson seconded the motion to approve with conditions the application for the Town of Harwich based on the foregoing findings and the fact that the application meets the necessary requirements and criteria for approval pursuant to the Code of Town of Harwich for the Plan entitled “Brooks Park Phase 3”, revised 06/26/16, 07/03/16 and 07/13/16, prepared by Robert M. Cafarelli P.E., Town of Harwich Engineering, with the following condition(s):

 

  1. Outdoor lighting, if any, shall comply with the Harwich Zoning Code Article XXI.

 

  1. The applicant will need to file with HDHC for approval.  Any site changes resulting from the HDHC review and approval shall be subject to further Planning Board review.

 

  1. Signage, if any, shall comply with the Harwich Zoning Code Article VII and shall be maintain to ensure both pedestrian and vehicle safety.

 

  1. Any changes or expansion to the plans shall be subject to further Planning Board review.

 

Unanimously approved 6-0-0.

 

 

 

Use Special Permits for 20+ parking spaces:

Mr. McParland moved and Mr. Atkinson seconded the motion to approve the Special Permit for 20 or more parking spaces.

 

Unanimously approved 6-0-0.

 

Voting members Mr. McParland, Mr. de Bakker, Mr. Peterson, Ms. Cebula, Mr. Brophy, and Mr. Atkinson and Ms. Maslowski (alternate member).

 

  1.  

PB2016-17 Naughton, Marie owner and J. M. O’Reilly, P.L.S, representative seek approval of a Modification of a Subdivision as set forth in M.G.L c. 41 §81.K-GG. Specifically, the request is to revise the waiver(s) granted under PB case #2009-21 by eliminating the turnaround and the construction of the ‘way’ within the road layout as shown on the recorded plan: Plan Book 633, Page 35.  The property is located at 26 Oliver Snow Road, Map 24 Parcel E1 6 in the R-R zoning district.

 

Sitting for the hearing were members Mr. McParland, Mr. de Bakker, Mr. Peterson, Ms. Cebula, Mr. Brophy, and Mr. Atkinson.

 

The application and waiver(s) detailed below were presented by the owner’s representative John M. O’Reilly, P.L.S. Mr. O’Reilly provided an historical background on the subdivision as well as the Board of Appeals status.  In addressing comments he stated that the sale of Lot 6 would include the right-of-way (“ROW”) and maintenance of the ROW would fall to the Lot #6.  Addressing comments about the turnaround, the Board of Appeals plan conditions and an easement benefitting the abutter at 22 Oliver Snow Road he stated that an existing conditions plan would be drawn up.

 

After review of the materials and information provided by the Applicants and discussion on the same, the following votes were rendered.

 

Findings of Facts

Mr. McParland moved and Mr. Peterson seconded a motion to adopt the following:

 

  1. The subdivision way serves a single home.

 

  1. A Board of Appeals variance exists on the property limiting the preferred solution to eliminate the road in favor of a panhandle.

 

  1. Following a site visit by the Fire and Planning Departments, the way and the turnaround have been deemed unnecessary as a residential driveway would be suitable for a panhandle lot.

 

  1. All Zoning Board of Appeals conditions shall be maintained as noted on the plan.

 

  1. The way known as a Moonbeam Path and its fee would continue to exist.

 

  1. No snow removal activities from the Town will be available.

 

  1. Following the end of the appeal period associated with Board’s decision, the applicant may apply for a Release of Covenant recorded as Book 24303, Page 82.

 

Motion approved (6-0-0).

 

Waiver(s):

Mr. McParland moved and Mr. Peterson seconded the motion to approve the applicant’s request to waive all road design standards. Motion approved (6-0-0).

 

Modification of a Subdivision:

Mr. McParland moved and Mr. Peterson seconded a motion to approve with conditions the Modification Plan for Marie Naughton as requested thereby eliminating the need to construct the ‘way’ within the road layout as shown on the recorded plan, Plan Book 633, Page 35, with the following conditions:

         

          Conditions of Approval:

 

          1. Provide an existing conditions plan prior to of release of covenant.

 

Motion approved (6-0-0)

 

Voting members: Atkinson, de Bakker, McParland, Peterson, Cebula, Brophy

 

Public Meeting

 

New Business

Minutes: 

Mr. McParland moved and Mr. de Bakker seconded the motion to accept the Minutes of 07/12/16. The Board voted unanimously.

 

Discussion: Rules and Regulations

The number of plans required for submittal - The members determined there was no need.

 

Member Signatures:

Letters of authorization were signed by all members present for both the Land Court and the Registry of Deeds.

 

Briefings and Reports

Mr. Atkinson reported that the CPC requested a vote to appoint the Planning Board member to the Commission. The board voted unanimously to re-appoint Jim Atkinson as member to CPC. Motion by L. Cebula, Seconded by J. McParland.

 

 

Old Business

Sisson Road - Mr. McParland asked for the Town Engineer, Bob Cafarelli to look at the earth removal and storage behind the go-carts at the corner of Sisson Road and Route 28.  Mr. Cafarelli responded that it was outside his purview.

 

The Board respectfully had a moment of silence in memory of Peter Watson. 

 

Adjourn:

The meeting adjourned at 8:00 PM. Mr. McParland moved, Mr. de Bakker seconded: Motion carried.

 

Respectfully submitted,

 

 

Shelagh Delaney, Administrative Assistant

Building Department

 

Adopted:      September 13, 2016