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Planning Board Meeting

Meeting date: 
Tuesday, February 10, 2015

 

Planning Board Minutes

February 10, 2015

Town Hall, Griffin Room

 

 

I.  Call to Order

The public meeting was called to order at 6:35 PM by J. Atkinson, Chair, with the following:

 

Members Present:                                           Planning Staff:

Alan Atkinson (by phone)                                 David Spitz, Town Planner

James Atkinson                                                Elaine Banta, Planning Assistant                     

Peter de Bakker                                                          

David Harris (by phone)

Joan Kozar

Joe McParland (arrived at 6:55)

Allan Peterson (arrived at 7:10)

Tom Stello

 

 

I.a  PB2015-01 Eranne Doane, Accessory Apartment, 52 Pleasant Street

 

Jacques Lapointe of Pleasant Bay Homes and Eranne Doane, owner, appeared for the applicant.  Mr. Lapointe said they were building a 2-story colonial with a 1-bedroom accessory apartment attached to the rear of the structure.  There would be a total of 4 bedrooms.  Two initial parcels were recently merged into one.

 

Mr. Spitz said this was an appropriate use of the accessory apartment bylaw.  He said a phone call of support had been received from neighbor Joseph Campbell.

 

Mr. J. Atkinson asked for an explanation of the three waivers.  Mr. Spitz said the third waiver was just a recognition that many items on the special permit checklist were not needed for this type of application.  Ms. Banta said the first two waivers had been addressed and were no longer needed.

 

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

 

  1. The parcel is in the RM zone.

 

  1. The total square footage of the single family home is 2,884 SF± and the one bedroom apartment unit is within the footprint of the home. The main residential unit is 2,184 SF±.

 

  1. The apartment unit is not greater than 900 SF (being 700 SF±).

 

  1. The ‘old’ garage has not been demolished and will remain on the property in its current location. The expansion of the driveway will provide sufficient off street parking which meets the minimum requirements.

 

  1. It is the owner’s intent to occupy both units with the apartment serving as the primary residence for an aging parent.

 

  1. A fully executed ‘81-X plan’ was filed on 11.19.2014 at the Barnstable County Registry of Deeds.

 

  1. Minimum requirements have been met for setbacks, area and bulk (§325-16.B & §325-51.H.(3)(g)).

 

  1. The application as submitted does not adversely affect local traffic or create traffic hazards (§325-51.H.(2)).

 

The motion was approved unanimously (6 to 0).

 

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

§400 Appendix 4-A: Any additional regulations for submittal not pertinent for a residential structure.

 

The motion was approved unanimously (6 to 0).

 

Mr. De Bakker moved and Mr. A. Atkinson seconded a motion to approve the Use Special Permit for an attached accessory apartment for Eranne Doane for the property located at 52 Pleasant Street with the following condition(s) based on the fact that the application meets the necessary requirements and criteria for approval pursuant to the Code of the Town of Harwich:

 

  1. The owner shall maintain occupancy in one of the units. 
  1. 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 (See § 400 Appendix $-A, line 4) 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.

 

  1. Alternative access may require additional permitting from the Planning Board.

 

  1. The special permit decision shall be recorded at the Registry of Deeds.

 

The motion was approved unanimously (6 to 0).

 

I.b.  Cape Cod Lighthouse Charter School, Additional Signage, 195 Route 137

 

Chester Lay, P.L.S., and Paul Niles of the Lighthouse Charter School appeared for the applicant.  Mr. Lay said he had read the staff report and agreed with all comments.  He noted that the new sign would be on the front of the school building which was almost 300 feet back from Route 137.  In response to a question from Mr. de Bakker, Mr. Lay said the sign would not be lit.  Mr. J. Atkinson corrected a math calculation in the staff report regarding total sign size.

 

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

 

  • The specific site in the CH-2 District is an appropriate location for such excess signage.
  • The proposed signage is not excessive for the size of the building and its setback from the street.
  • The location of the proposed signage will maximize visibility from the roadway and will not create nuisance or serious hazard to vehicles or pedestrians or adversely affect the neighborhood.
  • Existing permitted signage not being replaced under this application is approximately 77.5 SF±
  • The proposed main entrance façade signage is approximately 47.6 SF± and will bring total signage area to approximately 125.1 SF± whereas 96.0 SF± is allowed.

 

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 Excessive Signage for one (1) sign at the main entrance façade, and to approve an excess of 29 SF± over the total allowable 96 SF± for Cape Cod Lighthouse Charter School along with the general submission waivers, based on the fact that the application meets the necessary requirements and criteria for approval pursuant to the Code of the Town of Harwich with the above findings.

 

The motion was approved unanimously (6 to 0).

 

I.c.  Arthur and Carolyn Hall, 4-Lot ANR, Squantum Path

 

Mr. Harris, Associate Planning Board member, did not participate in the review of this application. 

 

Matthew Eddy, P.E., and Alan Hall appeared for the applicant.  Mr. Eddy said the parcel was 6.65 total acres with over 5 acres of upland.  The parcel has frontage on Squantum Path which has two outlets – one to the west onto Depot Street and one to the east onto North Westgate Road.  12 parcels currently front on Squantum Path.  After reading the staff notes, they changed the shape factor for Lot #1.  In response to staff comments about safe and adequate access, they submitted two letters agreeing to the previous road standard used for the 2002 Eastward Companies ANR.  They are requesting a gravel road to maintain rural character.  This would provide safe and adequate access.

 

Mr. Spitz summarized the staff notes.  Mr. J. Atkinson asked about the number of homes served.  By his count, there would be 11.  He felt the road was not safe and adequate for that number of homes.  He recommended use of subdivision standards for a minor roadway.  Mr. McParland asked about the condition of Squantum Path heading towards Depot Street.

 

Mr. Eddy said the applicant has rights to improve an ancient way.  The proposal is for only 3 additional parcels fronting on Squantum Path in addition to one existing parcel.  He noted the prior ANR approval for a 16-foot wide road section.  Their proposal would be to install the required gravel base prior to issuance of a building permit for any lot.  Mr. J. Atkinson replied that if we endorse the ANR, we would have to find there is safe and adequate access now.  He said the road has seriously deteriorated since 2002.  Mr. Eddy said this is common on Cape Cod when a private way is maintained by homeowners.  Mr. J. Atkinson said the issue is not maintenance but whether safe and adequate access exists.  Mr. Hall offered fire logs indicating the ability of fire trucks to reach homes on Squantum Path.

 

In response to a question from Ms. Kozar, Mr. Eddy said they will improve frontage and access to Depot Street.  Mr. Hall said he has approval from abutting landowners to improve the section between two homes fronting on Depot Street.  They are not proposing to do anything to the easterly section of Squantum Path.   That is not the applicant’s responsibility.  Mr. Hall noted that two other homes existed prior to the 2002 ANR.  Ms. Kozar recommended a collaborative effort to figure out maintenance needs with existing homeowners.  In response to a Planning Board question about wetlands, Mr. Spitz said that is not part of this evening’s decision.

 

Mr. de Bakker said previous ANR endorsements had been for no more than 2 or 3 lots.  He asked how far you extend the ANR exception.  Eventually, you may decide that you should not have given approval in the first place.

 

Mr. Eddy said the Planning Board should give serious consideration to rural character, the length of ownership by the Hall family, and the previous ANR endorsement with support from the Fire Department.  The approved road serving 12 homes is an existing situation.  He said that 16’ wide access is sufficient as an ANR standard.  Mr. J. Atkinson said we should also look to town subdivision standards.  Mr. de Bakker said rural character is long gone due to the number of homes served.

 

Mr. Stello said, as an alternative, the applicant could have a turn-around on Lot 4, thereby not needing improvement of the easterly portion.  Mr. Spitz agreed that was an option.  Mr. A. Atkinson said he was concerned about a creeping situation and did not want to just kick the problem down the road.  Mr. J. Atkinson said we should not review something as an ANR when subdivision standards are more appropriate.

 

Mr. Hall referred to other ANR approvals such as Sutphin where road improvements were allowed to be done later.  With the low amount of traffic on Squantum Path, nothing would be different than before.  Carolyn Hall said the family bought the property in 1974, intending to use it for their 3 sons.  We allowed neighbors to widen the road.  Maintenance of someone else’s road to the east is not our problem.  Charles Crowell, attorney from Dennis, said the only issue is whether suitable access is provided.  The applicant has demonstrated that this exists.

 

Mr. McParland said we should allow them to return with an improvement plan.  Mr. J. Atkinson repeated his position that the application should be for subdivision approval.  The applicant requested guidance regarding whether improvement to a 16-foot width with 4” to 6” T-base will be approved.

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to continue the application to the April 28th meeting.  Mr. Hall acknowledged that this would give him time to make the road improvements.

 

The motion was approved unanimously (7 to 0).

 

I.d.  (con’t) PB2014-21 Pleasant Bay Community Boating, Site Plan and Use Special Permit Reviews, Head of the Bay Road (Route 28)

 

Ms. Kozar excused herself since she is on the Pleasant Bay Community Boating (PBCB) Board and will not be voting on this application.

 

Chairman Atkinson accepted, signed, and incorporated two (2) signed Confirmation of Evidential Reviews from Planning Board members Tom Stello and Dave Harris into the hearing.

 

Attorney William Riley and Judith Underwood appeared for the applicant.  Mr. Riley said the project engineer submitted plans earlier today showing overflow parking spaces.  Mr. McParland said the plan now showed 45 potential parking spaces.  Mr. Riley said the overflow spaces would only be built if needed.  In response to a question from Mr. Spitz, he said the applicant would retain an easement over the southerly lot, if sold, where these spaces were located.

 

Mr. McParland moved and Mr. de Bakker seconded a motion to approve the following findings:

 

  1. The application covers multiple parcels in Harwich, Brewster and Orleans.  These findings address the portion located in Harwich only.
  2. The proposed use is an appropriate use and will not adversely affect the neighborhood.
  3. Adequate and appropriate facilities for the removal of stormwater and for sewage disposal have been provided and approved.
  4. Vehicle and pedestrian safety has been addressed via newly located and designed curb cuts which will provide safe access and egress.  The Town Engineer states that a minimum of 250 feet of sight distance is required for a posted speed limit of 35 mph.  The applicant’s engineer states that measured sight distance is 280 feet to the north and just under 300 feet to the south. 
  5. The curb cut is subject to Massachusetts Department of Highways approval.
  6. A 19-car parking lot will be located within the Harwich portion of the parcels with the potential for an additional 25 parking spaces to be constructed if and when necessary.  A memorandum from the Pleasant Bay Community Boating Facilities Committee describes anticipated use of the parcel and states that 19 parking spaces will be adequate to serve such use.

The motion was approved unanimously (7 to 0).

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the following waiver:  §325-42.L - Sideline (parking & loading) setback: 6’.

 

The motion was approved unanimously (7 to 0).

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the site plan special permit for the redevelopment of the property known as the McClennen property for the applicant, Pleasant Bay Community Boating, 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 conditions:

 

  1. The applicant shall maintain the proper signage to ensure both pedestrian and vehicle safety. All signage is subject to the requirements of Article IV of the Harwich Zoning Code.

 

  1. Parking shall be permitted only in the designated parking area.  No parking is permitted on Route 28. 

 

  1. Any changes to the parking areas, expansion of spaces, parking in non-designated areas, traffic circulation, lighting or landscape plan shall be subject to further Planning Board review.

 

  1. Outdoor lighting shall meet the requirements of Article XXI and shall be appropriate for a residential zoning district.

 

  1. An 81-X plan shall be required for all lots associated with this use.

 

The motion was approved unanimously (7 to 0).

 

II.  New Business

 

b.  Board of Appeals Advisory Opinions

 

The Planning Board offered no comments on current Board of Appeals cases.

 

III.  Old Business

 

None

 

IV.  Briefings

 

Route 28.  Mr. J. Atkinson said the initial Planning Board work session on this topic would be held next Tuesday, February 17th at 4 pm at the Harwich Community Center.

 

East Harwich Subcommittee.  Mr. Kozar reported that there were no subcommittee meetings since the last report to the Planning Board.  Mr. Spitz is working on a full draft of the proposal based on the latest subcommittee recommendations.

 

Wastewater.  Mr. de Bakker said that an outreach flyer explaining the current status of the sewer project would be included in the next water bill mailing.  This would allow information to reach a wider audience.  Mr. J. Atkinson questioned the timing of the mailing.  Mr. de Bakker replied that they are trying to get people involved in the sewer effort.  Mr. McParland asked about the status of the agreement with Chatham.  Mr. de Bakker said that the Chatham and Harwich Boards of Selectmen were negotiating, assisted by lawyers for each town.  A number of issues remained to be resolved.  Mr. de Bakker said the wastewater committee had identified a new water recharge site, and acquisition of that parcel would be an article for May Town Meeting.

 

Saquatucket Harbor.  Mr. J. Atkinson said he attended the most recent Saquatucket Harbor committee meeting in place of Mr. Brophy who was out of town.  He said the scope of what the committee was looking at was very limited.  Continuing delays caused by the oil spill cleanup were limiting what could be done with the Downey property, at least in the short-term future.

 

Middle School.  Mr. Spitz reported that there were six submissions to the recent Request for Information regarding reuse of the Middle School.  The Middle School Committee was about to begin its review of those submissions.

 

V.  Minutes

 

Mr. McParland moved and Mr. A. Atkinson seconded a motion to approve the January 13, 2015 minutes.  The motion was approved unanimously (7 to 0).

 

The meeting was adjourned at 8:45 PM.

 

Respectfully submitted,

 

 

David Spitz

Town Planner

 

Adopted: