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Planning Board Meeting

Meeting date: 
Tuesday, May 12, 2015

Minutes

Planning Board Meeting

Town Hall, Griffin Room

Tuesday, May 12, 2015 - 6:30 PM

 

Members in Attendance:

James Atkinson, Chairman; Alan Atkinson; Joan Kozar; Joe McParland; Dave Harris, Alternate; Larry Brophy, Alternate

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

 

Public Hearing

  1. Call to Order: Chairman J. Atkinson called the public hearing to order at 6:30 PM.

 

I.a.  PB2015-17 Sea Street Production LLC, d/b/a Salt Block Food Truck, Douglas J. Ramler, Applicant, Patricia W. Kennedy, Building Down the Road LLC, Owner, seeks approval of a Use Regulations Special Permit (Restaurant, Fast Food/Take Out) for property located at 710 Route 28, Map 15, Parcel K2 in the C-V and R-R districts. The petitioner(s) seeks to operate a mobile food vending operation. 

 

Mrs. Ramler, owner of the Cape Sea Grille, outlined the proposal of the new seasonal mobile food business on the site of the old Thompson’s Market that is now leased to Grey Matter Lofts. Grey Lofts has 20 guaranteed parking spaces of the 94 that exist. That leaves 74 spaces.  Six spots in total will be used by the operation at this time. The truck is 26’ X 9’ and will occupy (3) three spaces, (2) two spaces will be for (convenience) seating and tables and employees will use (3) three more spaces.  They intend to set up on the southern side of lot nearest to Route 28 and open for lunch and possible early dinner, monitor the property for trash and maintain the same set of professional standard for the business and staff at the mobile operation as they have at their restaurant.

 

Mr. Spitz summarized the staff comments. He noted comments from Police Lt. Gagnon that their experience from the ferry operation is that pedestrians tend to cross the road in many locations and not necessarily at the crosswalk. His public safety concerns focused on the pedestrian crosswalk and access through the locked gate at the rear of the property. The Lieutenant’s concerns were echo by several members of the Board. The Ramlers had taken the initiative and had already looked into providing appropriate signage. Ms. Kozar asked Mr. Spitz to seek similar signage from the Ferry. The Ramler’s also agreed to provide a copy of the signed lease to the Planning Department once it has been formalized.

 

Ms. Judith Lane, an abutter of the neighboring residential district, asked the Board to address a number of concerns. Her concerns related to increased foot and vehicle traffic, noises from truck generator, odors, hours of operation, etc.  The Board explained that the property was in a very busy commercial zoning district and that a restaurant use and a fast food take-out restaurant are allowed by special permit and that the Board may attach conditions to protect public safety and the neighborhood. The Board then voted to close the public hearing at 7:05 p.m.

 

Mr. McParland made a motion, seconded by Mr. A. Atkinson, to adopt the following findings:

  1. Said parcel for the proposed use is in the C-V and R-R Districts.
  2. The use is a ‘permitted use’ by the Planning Board as the Special Permit Granting Authority in the C-V district.
  3. The business operation is contained wholly within the C-V district.
  4. There are no changes to the building, building coverage, or site coverage.
  5. There will be no new site lighting in connection with the mobile food cart.
  6. The original site plan approval was approved for a much larger use (Thompson Market) and included a large parking area and outdoor convenience seating.
  7. The business plan demonstrates that 8 of 94 parking spaces will be used by the business and its employees and will not impact parking for the other existing uses of the site.
  8. A pedestrian crossing of Route 28 exists at the property.
  9. All ancillary items pertinent to the business operation shall be placed so that they will not block existing traffic flow.
  10. The proposed use will not adversely impact traffic flow and safety.
  11. The proposed use will be compatible with surrounding land uses.
  12. The site with its proximity to the harbor is a convenient location for providing mobile food cart services to pedestrians, boaters and visitors to the harbor. 
  13. The mobile food cart operation is seasonal by nature.
  14. The applicant states that it the business will be open for lunch and possibly early dinner in the future.
  15. The applicant must comply with all local and state food service regulations for mobile food operation.
  16. The mobile food cart will not be stored at the site when not in operation.

The motion carried unanimously.

 

Mr. McParland made a motion, seconded by Mr. L. Brophy to approve the Special Permit for Sea Street Productions and the business operation of a mobile food truck and its ancillary convenience amenities at 710 Rte. 28 based on the aforementioned findings and the fact that the application meets the necessary requirements and criteria for approval pursuant to the Code of Town of Harwich with the following conditions:

  1. This special permit will expire in 365 days from the date issuance.
  2. The special permit is specific to the location.
  3. No retail sales or displays are allowed outside the truck.
  4. All signage is subject to all Town of Harwich Code regulations and specifically Article VII.
  5. The mobile food truck hours of operation shall be limited to 10 AM – 8 PM.

Chairman Atkinson amended the motion to add a sixth condition. So amended.

  1. For improvements addressing pedestrian safety signs shall be installed to warn pedestrians of turning vehicle traffic on both sides of the driveway along the brick footpath.

The motion carried unanimously (6-0-0).

 

Public Meeting (7:12 P.M.)

  1. Old Business - none

 

  1. Informal discussion

Ed Hall came forward with a partial site diagram showing his proposed mobile hot dog cart for property at 195 Queen Anne Road owned by Mr. Wickstrom and not at the previous location that he was considering at 493 Depot St.  Mr. Spitz explained that tonight is an informal discussion and not a public hearing so there would not be any voting for approval or otherwise. Mr. Hall explained that he already sought and received Board of Health approval to open for Memorial Day.  Chairman J. Atkinson explained that he had done work for the owner so he excused him from the discussion, asked Mr. McParland to chair in his absence and left the room. The Board discussed the issues of the Special Permit from the special permit granting authority v. a State hawkers and peddlers license v. the Board of Selectmen’ s license to operate as a transient vendor or hawker and peddler. Mr. Spitz provided a handout on the summary. Mr. McParland suggested that he can’t get out of the special permit process from the Planning Board because we regulate that use through zoning. Mr. Hall was advised to review the special permit process with Mr. Spitz in the near future. Mr. J. Atkinson rejoined the members.

 

V.          New Business*

V.a. Fionn’s Way - Conversion of existing Planning Board Covenant to Financial Surety for Performance. Mr. Davenport was present to represent his request for a switch in performance guarantee. Mr. Spitz explained that the cash account is a better fit for this developer as he builds everything at once- the road and houses.  The planning department held a check for the amount determined by Engineering and it would be presented to the Treasurer for deposit in an escrow account in the morning.

 

Mr. McParland motioned to release the Covenant #59197 for Fionn’s Way held by John E. Pina in favor of a financial deposit held in escrow by the Town of Harwich for Davenport Realty Trust in the amount of $321,975. Mr. A. Atkinson seconded. The motion carried unanimously (4-0-0).

 

V.b. Minutes – Motion to adopt the minutes of April 14, 2015 by Mr. McParland. Seconded by Mr. Brophy. Motion carried unanimously (5-0-0).

 

  1.   Briefings and Reports
    1. Saquatucket Harbor – Mr. Brophy said there are several issues being considered including a 5 – 10 yr. limitation on the use of the Downey property and possible limitations on use of the eastern portion of the property where Commonwealth monies were used for improvements.  He suggested legislation may be an option to removing restrictions. The Board engaged in a short discussion of Super Fund sites and remediation of such sites.
    2. Middle School Re-purpose – Mr. Brophy stated that the Committee will present to the Board of Selectmen on Monday, May 18, 2015.  Three options are available and they will present the pros and cons for each and the different methods used to calculate the cost of development.  The committee will not be making the decision, it will be the Board of Selectmen.  He noted the neighbors are vociferous.
    3. East Harwich – Ms. Kozar stated there have been scheduling issues that have prevented the subcommittee from meeting.  Mr. Spitz will complete his draft of the proposal by the end of May, and present it to the subcommittee by mid-June.  The subcommittee in turn will present the draft (with any agreed upon changes) to the full Planning Board for their endorsement or amendments.  The Planning Board in turn will bring the draft to the Board of Selectmen in late summer 2015.  The plan will require a significant effort to bring the issues before the townspeople for open debate and any clarification needed.  This public input will determine whether it should be slated for the Annual Town Meeting in Spring 2016.  Ms. Kozar stated that opposition to development of almost any nature in East Harwich is still strong.
    4. Route 28 – Mr. J. Atkinson spoke regarding Route 28 planning stating that he hoped the initiative would be in front of the Planning Board by the 1st meeting in July.

 

  1.  Adjourn

The motion to adjourn at 8:10 P.M. carried unanimously.

 

 

Respectfully submitted,

Elaine Banta, Planning Assistant

 

 

Adopted on:     June 23, 2015