Planning Board Meeting
Planning Board Minutes
November 10, 2015
Town Hall, Griffin 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 David Spitz, Town Planner
James Atkinson
Peter de Bakker
Larry Brophy
David Harris
Joan Kozar
Allan Peterson
I.a. PB2015-29 Resident Petition Betterment – Ginger Plum Lane (continued)
Mr. J. Atkinson announced that both Associate Planning Board members would be participating in the review of this application.
Project engineer, John O’Reilly, presented the application. He was accompanied by John McQuade of 8 Ginger Plum Lane. Several other residents of Ginger Plum Lane were in the audience. Mr. O’Reilly noted issues raised at the previous Planning Board meeting. He stated that the betterment process began a year ago when Chris Nickerson of the Highway Department informed residents that the town might discontinue plowing due to the condition of the road. Mr. O’Reilly said that he was comfortable that working with the Harwich Engineering Department the drainage issues at Lower County Road could be addressed when construction plans are prepared. He also said that the current cost estimates would be able to cover the required work. Regarding the turn-around issue he said that the spur to the east was expunged and no longer exists. Mr. McQuade said he has discussed the issue with Mr. Nickerson who said the remaining 10’ right-of-way to the west would be of no use to the highway department because they would not want to back up onto private property. The Fire Chief had indicated that his trucks also would not attempt to turn around in that easement but would back up on Ginger Plum Lane.
Mr. Spitz presented the staff notes and concurred with the undesirability of using the 10’ right-of-way for a turn-around. Mr. A. Atkinson asked if the existing 14’ pavement width would be widened within the 20’ right-of-way. Mr. McQuade said that after discussions with the Town Engineer it was decided to limit the betterment to the existing road width. He also said he was not concerned with a small area of pavement on his property abutting his retaining wall at the end of Ginger Plum Lane. Mr. O’Reilly said he would address other engineering issues relating to drainage and road grade at the construction drawing stage. There were no public comments on the application.
Mr. Brophy moved and Mr. A. Atkinson seconded a motion to approve the Preliminary Plan with the following condition: Final plans addressing the concerns expressed by the Highway and Engineering Departments shall be submitted to the satisfaction of the Town Engineer prior to putting the project out to bid. If any plan revisions result in a change to the overall project cost, the betterment charge per parcel must be revised. The motion was approved unanimously (7 to 0).
II.a. PB2015-32 Seminara 8-Lot Preliminary Subdivision
Project engineer, John O’Reilly, presented the application. He was accompanied by developer Peter Donovan. Mr. O’Reilly said the parcel fronts on both Sisson and Forest Roads and is located behind the Fire and Police Station. The subdivision last came before the Planning Board in approximately 2006-08 when it was withdrawn without prejudice. The subdivision will include a new 915’ road. The eighth lot consists of mostly wetlands and is not buildable. An ANR application for a land swap between Seminara and the abutting Doane property will accompany the Definitive Subdivision application. The entire parcel is on the list of Massachusetts Natural Heritage (NHESP) sites for endangered species, in this case Eastern box turtles. Based on preliminary discussions with NHESP, each buildable parcel will have a limited area designated for a home site. The subdivision road will meet all town subdivision standards except one requested waiver for side slopes so as to retain more of a natural buffer. The use of steeper slopes or retaining walls will follow the same technique used for an earlier subdivision in Harwich, Daluze Drive. The applicant will be meeting later in the evening with the Department of Health to discuss septic system requirements.
Mr. Spitz presented the staff notes. Mr. J. Atkinson asked the applicant to respond to the issue of enforcement of home site limitations. Mr. Donovan said they would be doing deed restrictions and will place permanent markers on site as approved by NHESP. Mr. J. Atkinson asked who will monitor deed restrictions, and Mr. Donovan said they would provide more details at Definitive Subdivision review. He also said they have approached Harwich Conservation Trust regarding ownership of Lot 8. Mr. J. Atkinson also asked about ownership and maintenance of the irregular shaped parcel abutting the road where steep slopes would have to be maintained. Mr. Harris suggested that area be part of the road right-of-way. Ms. Kozar asked for assurance that preliminary approval did not provide any guarantees and that all issues would be part of Definitive Subdivision review. Mr. J. Atkinson affirmed that would be the case. There were no public comments on the application.
Mr. O’Reilly asked for input on the waiver request. Mr. Brophy said the Daluze subdivision works well, and a similar approach here should be successful. Mr. J. Atkinson said the waiver is subject to Definitive Subdivision review.
Mr. de Bakker moved and Ms. Kozar seconded a motion to approve the Preliminary Plan entitled “Forest Heights Subdivision” for the Donovan Building Corporation, prepared by J.M. O’Reilly P.L.S., dated October 19, 2015 subject to the issues raised by all Town departments. The motion was approved unanimously (5 to 0).
II.b. Marini, Extension of Open Space Residential Development Special Permit, Church Street (continued)
Mr. J. Atkinson announced that both Associate Planning Board members would be participating in the review of this application. In response to a question from Attorney William Crowell, Mr. Peterson said that he had read the draft minutes of the previous Planning Board meeting and was able to participate in this evening’s review.
Attorney William Crowell presented the application. He was accompanied by Donald Marini. Mr. Crowell summarized the discussion from the previous meeting. He said that the Planning Board could find “good cause” to grant the extension due to the downturn in the real estate market.
Mr. Spitz presented the staff notes. Mr. Peterson asked for clarification regarding the time period for an extension. Mr. J. Atkinson asked if the applicant agreed to a condition not to seek a further extension. Mr. Marini agreed.
Mr. Brophy moved and Mr. Harris seconded a motion to approve the following findings:
- That good cause exists to grant the extension to the Open Space Residential Development Special Permit.
- That the applicant has agreed not to seek an extension beyond 2017.
The motion was approved by a 6-1 vote (Mr. J. Atkinson opposing).
Mr. Brophy moved and Mr. Harris seconded a motion to extend the Open Space Residential Development Special Permit for the Marini Nominee Trust 2004, Barbara Marini, TR until December 21, 2017 based on the findings of fact adopted by this Board. The motion was approved by a 6-1 vote (Mr. J. Atkinson opposing).
III. Old Business
IV. Briefings
Saquatucket Harbor. Mr. Brophy reported that the abandoned buildings on the Downey property are finally gone.
East Harwich Subcommittee. Mr. J. Atkinson reported that Ms. Kozar will be presenting the proposed East Harwich zoning package to the Board of Selectmen at its November 16th meeting.
V.a. Minutes
Mr. A. Atkinson moved and Ms. Kozar seconded a motion to approve the minutes for October 27, 2015. The amended motion was approved unanimously (7 to 0).
VI. Executive Session
Mr. J. Atkinson asked for a motion to enter into executive session and noted that the Planning Board will return to regular session only to adjourn. He invited Board of Selectmen members Linda Cebula and Michael MacAskill to attend the executive session.
Mr. A. Atkinson moved and Mr. de Bakker seconded a motion to enter executive session pursuant to M.G.L. c.30A, § 21(3), to discuss strategy with respect to litigation on Cumberland Farms if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares. Mr. J. Atkinson did so declare. The motion was approved unanimously (7 to 0).
After conclusion of the executive session, the meeting was adjourned at 7:55 PM.
Respectfully submitted,
David Spitz
Town Planner