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Planning Board Meeting

Meeting date: 
Tuesday, February 24, 2015

Planning Board Minutes

February 24, 2015

Town Hall, Small Hearing 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:

Alan Atkinson (by phone)                                   David Spitz, Town Planner

James Atkinson                                                            

Peter de Bakker                                               

David Harris (by phone)

Joan Kozar

Tom Stello (arrived at 6:50)

 

 

II.b  Informal Discussion, 0 Main Street Extension

 

Keith Fernandes of O’Reilly Engineering and applicant Mike Escher presented to the Board.  The applicant has submitted a Site Plan application but was seeking general guidance from the Planning Board in advance of the hearing.  Items discussed were screening and landscaping, type of use, hours of operation, number of parking spaces and notification of abutters.  It was noted that the Thankful Chase housing project is located immediately to the east of this parcel.  Mr. Spitz advised that there were tax issues associated with this parcel and that staff would be checking tax-related requirements, i.e. submission of a Municipal Lien Certificate.

 

I.a  PB2015-04 Wychmere Beach Resort, Roofed Pavilion, Waiver of Site Plan Review

 

Andrew Singer, Attorney, and Bruce Pelczarski of Wychmere Harbor Real Estate appeared for the applicant.  Mr. Singer distributed a revised plan that had been approved by the Conservation Commission.  The correct dimensions of the pavilion are 26’ x 46’ despite an error in one of the application materials.  He said the pavilion would be a permanent structure replacing a seasonal tent serving the same function.  Aesthetically it would be an upgrade.  They will not be adding any parking.  The pavilion will not cause a change in the relationship to neighbors or to the site.  A side yard setback issue is being reviewed with the Building Commissioner and may have to go to the Zoning Board of Appeals.

 

Mr. de Bakker moved and Ms. Kozar seconded a motion to approve the Findings of Fact as written in the staff report.  Mr. J. Atkinson offered an amendment to the second finding which was accepted by the motion maker and seconder, resulting in the following findings:

 

  1. The proposed construction is within the allowed building coverage for the RH-3 Zoning District and is within previously approved amenities and total site coverages.
  2. The applicant is subject to requirements of the Conservation Commission for roof runoff and drainage issues and may require approval of the Zoning Board of Appeals as determined by the Building Commissioner for building setbacks.
  3. There will be no impact or change on site services i.e. parking, traffic flow, drainage system.
  4. There will be no change in vehicular and pedestrian safety as there is no change in site services.

 

The motion was approved unanimously (6 to 0).

 

Mr. De Bakker moved and Ms. Kozar seconded a motion to approve the applicant’s request for a Waiver of Site Plan for the construction of a 26’x 46’ roofed pavilion based on the fact that the proposal does not substantially change the relationship of the structure to the site or to abutting properties and structures as set forth in § 325-55(F) of the Code and the application meets the necessary requirements and criteria for approval.

 

The motion was approved unanimously (6 to 0).

 

Mr. J. Atkinson said he was not comfortable without placing a condition requiring a necessary approval from another board.  He agreed to allow this application to go forward, but he felt the issue must be addressed before granting future Site Plan waivers.

 

I.b.  PB2015-05 Ron Saulnier, 401 Depot Street, Accessory Apartment, Special Permit Review

 

Ron Saulnier, owner, appeared representing himself.  He said the accessory apartment has been there for many years and he is now seeking official approval.  Planning Board members asked for clarification about which portions of the property were in Harwich and which were in Dennis.

 

Mr. de Bakker moved and Ms. Kozar seconded a motion to approve the following Findings of Fact:

 

  1. The parcel lies largely in Harwich with a small portion in Dennis.

 

  1. The parcel is in the R-R (Harwich) zone and consists of a principal structure, a detached accessory structure and a shed.

 

  1. The main residential structure is 2,004 ± SF and the square footage of the accessory structure is 1186 ± SF.

 

  1. The one bedroom apartment unit is within the footprint of the accessory structure and is being assessed at 562 ±SF. The apartment unit meets the maximum limitations for square footage of not greater than 900 SF.

 

  1. The driveway will provide sufficient off street parking which meets the minimum requirements.

 

  1. It is the owner’s intent to occupy the principal structure.

 

  1. The garage is pre-existing for this application and minimum requirements have been met for setbacks, area and bulk.

 

  1. The application as submitted does not adversely affect local traffic or create traffic hazards.

 

The motion was approved unanimously (6 to 0).

 

Mr. de Bakker moved and Ms. Kozar seconded a motion to approve the Use Special Permit for an attached accessory apartment for Ron Saulnier for the property located at 401 Depot Street, Harwich with the following condition(s):

 

  1. The owner shall maintain occupancy in one of the units. 
  2. Prior to the issuance of the special permit, a certificate in the form of a notarized affidavit to verify that the owner is or shall be in residence in one of the units shall be submitted to the special permit granting authority and, thereafter, every two years such notarized affidavit shall be submitted to the Building Inspector by January 31. Failure to comply with these provisions or termination of occupancy by the owner shall result in the special permit becoming null and void and within 12 months thereafter one kitchen unit shall be removed and the property returned to a single-family dwelling.

 

II.a.  William Jussila, 2-Lot ANR, 0 North Westgate Road

 

Associate member David Harris did not participate in this application.  Dan Croteau of Moran Engineering and William Jussila, owner, appeared for the applicant.  Mr. Moran said they had sited Lot 1 so that it would be able to meet all Building and Conservation Department requirements.  Mr. Spitz said that certain Health and Conservation comments were noted in the staff report for the applicant’s information.  These issues do not impact ANR endorsement but may impact future ability to obtain a building permit.

 

Mr. de Bakker moved and Mr. A. Atkinson seconded a motion to endorse the ANR entitled “Plan of Land in Harwich, MA”, prepared by Moran Engineering for William J. & Janet E. Jussila, dated February 11, 2015. The Planning Board finds all of the lots shown on said plan have the frontage required for endorsement and the plan does not require approval under subdivision control law, the but the Planning Board makes no determination concerning compliance with zoning or other land use requirements.

 

The motion was approved unanimously (5 to 0).

 

III.  Old Business

 

None

 

IV.  Briefings

 

East Harwich Subcommittee.  Ms. Kozar noted that no new subcommittee meetings had been held.  They were waiting for a new zoning draft to be completed by Mr. Spitz on or about March 1st.

 

Wastewater.  Mr. de Bakker said that his committee was working on funding mechanisms and options to be presented to the Board of Selectmen.

 

Route 28.  Mr. J. Atkinson said that he and Mr. Spitz were the only attendees at a recent workshop on Route 28, perhaps due to bad weather.  Another meeting will be held in mid to late March.

 

Middle School.  Mr. Spitz reported on recent submissions to the Request for Information.  The committee would be holding another public meeting to review submissions and next steps.

 

Saquatucket Harbor.  Mr. Spitz said that he had sent an e-mail to the committee citing a need for a more long-term vision for the harbor area.

 

 

V.  Minutes

 

Mr. de Bakker moved and Ms. Kozar seconded a motion to approve the February 10, 2015 minutes.  The motion was approved unanimously (6 to 0).

 

The meeting was adjourned at 8:15 PM.

 

Respectfully submitted,

 

 

David Spitz

Town Planner

 

Adopted: