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Planning Board Meeting

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Meeting date: 
Tuesday, April 28, 2015

Planning Board Meeting

Town Hall, Griffin Room

Tuesday, April 28, 2015 - 6:30 PM

 

Members in Attendance:

Alan Atkinson, James Atkinson, Chairman, Peter de Bakker, Clerk, Joan Kozar, Joe McParland, Allan Peterson (arrival at 7:15 PM), Tom Stello, Larry Brophy, Alternate

Staff in Attendance: David Spitz, Town Planner, Elaine Banta, Planning Assistant

 

  1. Call to Order: Chairman J. Atkinson called the public hearing to order at 6:35 PM.

 

I.a.   Cont. PB2015-11 Mike Escher, applicant, c/o Keith E. Fernandes, P.E., representative, the Estate of Jos. W. Jones, owner, seeks approval of a Site Plan Review Special Permit and a Use Special Permit for property is located at 0 Main Street Extension, Map 55, Parcel G8, in the I-L Zoning District.

 

Atty. Wm. Crowell and P.E. Keith Fernandes came forward to present for the applicant.

Mr. Spitz had been tasked to seek from Town Counsel advice on the possible conflict presented under sections 325-14.G and 325-14.J. He stated that Commissioner Riquinha’s written response was distributed and that due to Attorney-Client privileges his only comment regarding Town Counsel opinion is that Counsel supported the Commissioner’s memo. A duly made motion carried to include Commissioner Riquinha’s correspondence in the decision and minutes. Mr. Spitz stated the submitted plan is compliant.

 

In soliciting public participation Atty. Mark Boudreau, representing the Community Development Partnership (CDP), presented a written proposal of amenable conditions that had been agreed to by the parties noting that these conditions should be added to any other conditions the Board might impose in their decision.  Mr. Paul Fiset of 15 Love Lane in Dennis queried the legal noticing process and Mr. Rick Hamlin asked for clarification regarding relocation and preservation of the cart path. Both questions were addressed satisfactorily by Mr. Spitz.

 

The hearing was closed and a duly made motion carried the following findings:

  1. The specific site is an appropriate location for the use and structure as it is located in the I-L (Industrial) Zone.
  2. Screening of the building and site improvements from the abutting Thankful Chase residential property is adequate. 
  3. The Building Commissioner, in his memo dated April 27, 2015 to the Planning Board, opined that the proposal’s use of a 9,000 SF enclosed area used for equipment and material storage complies with a reasonable interpretation of the Harwich Zoning Code and said memo is incorporated by reference.
  4. There will be no nuisance or serious hazard to vehicles or pedestrians. 
  5. The plan provides for efficient and safe disposal of surface water.
  6. The use is consistent with the Zoning Code and will not adversely affect the neighborhood.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the Site Plan Special Permit for the proposed building and site improvements at 0 Main Street Ext. 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 and following conditions:

 

  1. The applicant will install an eight foot (8’) fence on the common boundary line set ten feet (10’) off the line with three foot high (3’) Leyland Cypress trees every six or eight feet, to match up with fence posts (i.e. six foot width stockade vs. eight foot width stockade sections).  Community Development Partnership shall provide maintenance of the trees.
  2. The dumpster shall be moved to the opposite side of the parking area, away from Community Development Partnership’s property.
  3. The applicant shall submit an amended plan to the Planning Department addressing the changes noted above.
  4. All external lighting shall be contained on site.
  5. To the extent that more than one tenant occupies the site, the owner shall comply with all Rules of the Board of Health for additional restrooms and wash basins as required.
  6. The hours of operation shall be seven days a week from 4 a.m. to 11 p.m.  Snow plowing and sanding operations will be exempt from the hours of operation restriction.  The applicant shall use its best effort to back trucks in at the end of each work day to avoid the noise of back-up alarms when the trucks are leaving in the morning.
  7. The access road shall be moved to the perimeter of the site, away from the business, to increase safety.
  8. Outdoor storage of materials or equipment shall be limited to the designated “6,000 square foot area for trailer and equipment storage”.  Outside storage of containers shall be limited to the designated “3,000 square foot area for container”.
  9. This permit shall become null and void if the property owner does not pay to the Town of Harwich the currently unpaid taxes listed in the Municipal Lien Certificate dated 02/11/2015.

The Board voted (7-0-0) in support of the motion.

 

On a motion by Mr. Jos. McParland and seconded by Mr. A. Atkinson, the Board voted (7-0-0) to approve the Use Special Permit for 20+ parking spaces pursuant to §325-9 of the Harwich Zoning Code based on the above findings.

 

 

I.b.   Con’t. PB2015-12 Mark T. Smith, applicant, c/o Donald F. Bracken, P.E., representative, Estate of Benjamin Chase, owner, seeks approval of Definitive Subdivision Plan  to subdivide property located at 1369 Orleans Road, Map 74, Parcels W4 in the R-R, W-R Zoning Districts and the Pleasant Bay Watershed.

 

Don Bracken, PLS, Ben LaFrance, Hawk Design Inc. and Mark Smith applicant came forward to continue the presentation of the application.

 

Mr. Bracken explained that further details have been added to the plans to meet the Rules and Regulations. Using visuals he described the nature and character of the development, the soil testing, zoning requirements, road lay out and sidewalk, the open space area and the proposed system required by the Board of Health regulations for community septic.  The community septic proposal is conceptually shown on lot #1.  Septic easements will exist in the overall plan. The creation of a Homeowner’s Association will address the septic system and open space among other things.

 

Ben LaFrance demonstrated the effort put into the landscape plan to preserve trees, plant native and flowering trees, provide buffers of undisturbed vegetation, create screening from both abutting neighborhoods, and provide entrance planting and a stone wall at the gateway to the development.

 

Mr. Spitz summarized the staff report and commented on the nice level of detail provided in the landscape plan.  He said the easement documents necessary for the septic will not affect lot size minimum requirements, and that in addition to written comments from the Board of Health as required for the hearing, the Planning Board could add conditions regarding the future septic plan should they choose to move forward with a motion.  There was a general feeling from the members to continue the hearing in order to review the septic plan details in full and its effect on the open space and Lot #1. The Board also raised questions about any discussion with the neighboring abutters  and the Somerset Road ‘future connection’.  The applicant responded that no attempt to contact neighbors had been made outside the legal notice process and that the future connection shown on the Somerset Road plan will not be developed.

 

At the end of the comment period a duly made and seconded motion was made to continue the application until Thursday, May 28, 2015 and the motion carried unanimously (5-0-0).

 

I.c.   PB2015-15 Anthony J Baroni, Tr. of Harwich Great Western Realty Trust, c/o Andrew L. Singer, Esq., seeks to amend the Site Plan Review Special Permit and Use Special Permits granted under case PB2014-15 for the business operation called Stonewood Products located on the parcel now known as Map 45 / S4-7, 3 Great Western Road, in the I-L Zoning District.

 

Atty. Andrew Singer and Sean Riley, P.E. of Coastal Engineering Company presented the application. Atty. Singer reasoned that this change to the business operation plan made sense for Mr. Baroni and that the new 960 SF sales office with its new septic and existing parking satisfies the requirements of the Harwich Zoning Code.  He stated that these changes will have no adverse effect on the neighborhood nor cause nuisance or hazard. 

 

Atty. Singer stated that he requested the same waivers just in case the Board thought a new special permit would be desirable compared to a modified special permit.  Mr. Spitz stated that the application didn’t present any issues. In response to a Board question regarding parking issues, Atty. Singer stated the overflow parking previously approved was more than adequate and it would remain in the same location previously approved.  

 

The Planning Board unanimously adopted the following findings following a duly made and seconded motion

 

  1. The proposed uses at 3 Great Western Rd are a continuation of the existing (collective) business use.

 

  1. The previously approved special permits with conditions and waiver requests remain in effect.

 

  1. Adequate and appropriate facilities for sewage disposal have been provided and there is no change to the drainage plans or calculations for the removal of stormwater.

 

  1. Vehicle and pedestrian safety will be enhanced through the business plan as contractor sales will be in a separate building from retail sales.

 

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the amended site plan special permit for Anthony J. Baroni, Tr., et al, Harwich Great Western Realty Trust, and the business operation known as Stonewood Products, as shown on the submitted plans noted above 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 findings and the following condition(s):

 

  1. All previous conditions and approvals by the Town of Harwich Special Permit Granting Authorities shall remain in effect, and non-compliance with said conditions constitutes an enforceable action.

 

 

  1. Public Meeting (7:45 P.M.)

II.a.   Approval Not Required: Cont.  PB2015-03 Hall, Arthur H. and Carolyn C., owners, c/o Shane Mallon P.L.S., for property at 8 Squantum Path and 0 Depot Street, Map 78, Parcels E2-4 & F1.

 

Atty. William Crowell and Alan Hall (son of applicant) presented the application.

Atty. Crowell stated that since the case was opened in February significant improvements had been made to the portion of the way that abuts their property.  Improvements to width, a minimum of 16’, and road base of 4” T-base were made.  Letters from the police, engineering and fire departments addressing the road quality and the subsequent improvements were submitted to the Board.  He stated that it is abundantly clear that in their opinion safe and adequate access exists and the standards have been met based on these opinions.  The way was in existence prior to 1951 when the road bylaws were adopted. The Halls have no control over ownership of the portions of the road that do not abut their property and therefore had no authority to improve the way not owned by them.

 

A very lengthy discussion took place regarding current town policy, ancient ways in general, public usage of the way, ancient way widths and standards throughout Town, design standards for a new way with waivers for rural character development, ways, ancient or otherwise that are not unlike Squantum Path, the definition of an ancient way and modern approaches to maintaining quality road surfaces.  Chairman Atkinson favors that the entire road be upgraded to the standards that are shown in the Rules & Regulations of the Town Code (as shown in  Appendix 2, Table 1 – Recommended Geometric Design Standards for Roadways) stating his objection to granting an approval to a way that does not provide safe and adequate access to all of the lots serviced by the way.

 

Public comments were numerous in favor of the application.  Dave Scannell as a private resident commented on his support for the plan.  Fire Chief Norm Clarke reiterated that the way exceeds the standards necessary for safety and rescue vehicles and that he has no issues with the entire length of the road. Pat Lahey, 15 years a neighbor, commented on the generosity of the Hall family in helping out with the road. Mrs. Carolyn Hall commented that the lots are for her children.

 

The Board’s comments were numerous and mixed as to acceptable minimum standards of road conditions for ancient ways.   Tom Stello noted that the plan demonstrates the road width to be at least the minimum of 16’ wide and in some places up to 20’.  Alan Hall commented that the road is up to 25’ wide in some places along their property.

 

Joe McParland made a motion to endorse the plan for the Hall family.  Al Atkinson seconded. The motion carried 6-1-0. (In Favor: McParland, A. Atkinson, Stello, Kozar, Peterson, de Bakker and Not in Favor: J. Atkinson)

 

II.b.   Informal Discussion: Robert Scarano, Esq., for property located at 62 & 0 Main Street Ext. Robert & Patricia Shelley, owners, 4-Lot subdivision.

 

Atty. Scarano outlined the proposal of the Shelley Family to develop 3 new lots, the so-called ancient way known as the Road to Brewster, the title for the properties, the road taking documents for Route 6, the soil and land conditions, and improvements to the Town roadway at Old Brewster/ Factory Road consistent with the Planning Board’s requirements to support the lots created thereon.  

 

The proposal will seek to construct a ‘minor’ way in accordance with the regulations, flaring the entrance to create a 90 degree intersection to facilitate safe snow removal, have minimal tree removal and individual septic systems.

 

  1. Old Business – None.

 

  1. Briefings and reports – Tabled due to time.

 

  1. New Business*- Tabled due to time.

a. Minutes – April 14, 2015

b. Board of Appeals Advisory Opinions – April 29, 2015

 

Larry Brophy motioned to table the above items and adjourn at 9:10 P.M.  Joe McParland seconded. Motion carried unanimously.

 

Respectfully submitted,

Elaine Banta, Planning Assistant

 

 

Adopted on: