Planning Board Minutes
Planning Board Minutes
April 14, 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
Joan Kozar
Joseph McParland
Allan Peterson
Tom Stello
I.a. PB2015-11 Mike Escher, Main Street Extension, Site Plan Review (continued)
Keith Fernandes of O’Reilly Engineering and Attorney William Crowell appeared for the applicant. Mr. Fernandes noted the changes requested at the previous meeting by the Planning Board and said the plans were revised accordingly. A 6’ high solid fence is shown in place of the landscaped berm and is located 10 feet from the side property line. The revised plans address drainage comments from the Town Engineer regarding pitch of stormwater facilities. The plans also include an 8’ high solid fence to shield the trailer, equipment and storage area.
Mr. J. Atkinson asked Mr. Spitz to summarize staff comments. Mr. Spitz agreed that the applicant had addressed all comments from the previous meeting. However, a new issue came up regarding an apparent conflict between Sections 325-14.G and 325-14.J of the Zoning Bylaw regarding whether outdoor storage of equipment and materials was permitted or not. This discrepancy was just identified, and Mr. Spitz said got no further than preliminary conversations with Town Counsel and with the Building Commissioner. To clarify this situation, Mr. Spitz requested a further 2-week continuation. Mr. McParland asked what we do with all the existing businesses on Queen Anne Road if it is determined that outside storage of equipment and materials is not allowed. Mr. J. Atkinson said we will have to look at the provisions of the Zoning Bylaw to see if any revisions are warranted. However, we need input from town counsel to resolve the conflict for this application.
Mr. Crowell said that, as requested by the Planning Board, the applicant met last week with the abutters. He thought all issues were put on the table at that time, and he was surprised that the outdoor storage issue was being raised now. In response to Mr. McParland’s earlier comment, Mr. Crowell said you cannot separate the situation of the Queen Anne Road businesses from this application. The town would have to initiate enforcement actions against everyone else in a similar situation if this application is denied.
Mr. J. Atkinson said the Planning Board’s job is to make sure the town is on solid legal footing.
Jay Coburn, representing the abutting Thankful Chase project, said he appreciates that the Planning Board is proceeding with an abundance of caution. This site, even though zoned industrial, is located next to a residential use on both sides. Utmost caution is needed to make sure that this isolated industrial use will not degrade abutting property.
Mr. J. Atkinson said the Planning Board is not questioning the use which is allowed in the industrial district.
Rick Hamlin said he has no interest in this parcel or this application, but he has an interest in many other properties in the industrial district and would be very concerned if the town’s interpretations about outside storage were changed.
A Dennis abutter at 15 Love Lane said that not all abutters received notification. He also noted that all properties at this end of Main Street Extension were residential.
Mr. Crowell said that the applicant would agree to a 2-week extension, and he would follow-up with a written request.
Mr. McParland moved and Mr. Peterson seconded a motion to continue the public hearing until 6:30 p.m. on April 28, 2015. The motion was approved unanimously (7 to 0).
I.b. Zoning By-law Amendments
Mr. J. Atkinson asked Mr. Spitz to provide an overview of the proposed zoning amendments. Regarding Article 3, Mr. Spitz said that this dimensional change will facilitate construction of 2nd floor residential units above commercial uses. The proposed change is appropriate for existing village areas in Harwich Center and Harwich Port that are zoned Commercial Village (C-V).
Mr. McParland asked how the amendment relates to the Mixed Use Provision that was previously adopted to facilitate 2nd floor residential development. Mr. Spitz explained that the Mixed Use section was the one being revised. Mr. de Bakker asked about parking impacts. Mr. Spitz replied that the 2nd floor in this district currently could be developed for commercial use. Any replacement of commercial use by residential use would decrease parking demand.
Ms. Kozar asked about wastewater implications. Mr. Spitz said that any residential proposal must meet health regulations regardless of any change in zoning. Mr. J. Atkinson said he supported the bylaw revision as it would improve the focus on existing villages.
Al Rosenberg said there was an excellent Cape Cod Chronicle first page article about this proposal, and the Planning Board should continue to seek such positive publicity.
Mr. McParland moved and Mr. A. Atkinson seconded a motion to support Article 3, Mixed-Use Development, and to bring it to Town Meeting. The motion was approved unanimously.
Regarding Article 4, Mr. Spitz said that this change will facilitate development on existing vacant undersized village lots by allowing applicants to seek review under overlay provisions rather than requiring a variance.
Mr. A. Atkinson moved and Mr. de Bakker seconded a motion to support Article 4, Overlay Districts, and to bring it to Town Meeting. The motion was approved unanimously.
II. Informal Discussion, Ramler, 710 Route 28
Doug and Jennifer Ramler appeared and asked for Planning Board advice before presenting a formal application for a food truck to be located in the parking lot of 710 Route 28. Currently 94 parking spaces are available at Grey Matter Lofts. With 20 spaces spoken for by current tenants, 74 are available for other users. The applicant’s parking needs are specified in the narrative.
Mr. Spitz said the proposal would be a good addition to the Saquatucket Harbor area. He said the Planning Board should consider an approval for a specified period, such as one year, since the main building might become more fully occupied at some point.
In response to a question from Mr. J. Atkinson, Ms. Ramler said the food truck will be located at the Cape Sea Grille when not in use. Mr. Ramler said all food will be prepared at the Cape Sea Grille. Mr. J. Atkinson said this type of business can be very popular. He asked if the applicant had considered potential vehicular and pedestrian conflicts. Ms. Ramler noted the existence of a crosswalk across Route 28 and said they were open to Planning Board suggestions. Mr. Spitz said he would seek Police Department input as part of staff review of a formal application.
Mr. McParland asked if access to Hoyt Road would be available. Mr. J. Atkinson asked Mr. Spitz to research whether any restrictions had been placed by the Planning Board or other town entity on that access.
Ms. Ramler said they had an agreement with the property owner to allow staff to use rest rooms inside the building. Rest rooms are available for public use across Route 28 at Saquatucket Harbor.
Mr. de Bakker asked about hours of operation. Ms. Ramler said they would begin between 10:30 a.m. and 4:30 p.m. but might seek to expand to dinner hours later. They did not want to be limited to seasonal operation though they had not yet determined the length of their season. In response to a question from Mr. A. Atkinson, Ms. Ramler said they would request one sign on-site in addition to the truck.
Mr. J. Atkinson said he was in favor of proceeding with this application and that he would support approval for a 1-year period.
III. Old Business
Mr. McParland asked about the request that he and Mr. Brophy made at the previous meeting about enforcement action against the sand pit near the Sisson Road/Route 28 intersection. Mr. Spitz said he would report back at the next Planning Board meeting.
IV. Briefings
Middle School. Mr. Brophy reported that the last committee meeting reviewed input from the recent public hearing. At the next meeting he hoped to summarize all comments to date and to bring a report with recommendations to the Board of Selectmen in May. Mr. Spitz described recent staff efforts on wastewater, parking and access issues.
East Harwich Subcommittee. Ms. Kozar said no progress has been made since the last Planning Board meeting. She received a winter update from the East Harwich Village Association which gave the opinion that the latest Planning Board proposal would allow too much development and that traffic issues had not been addressed. Mr. J. Atkinson said he wanted the draft being worked on by Mr. Spitz to be completed soon so that it could be reviewed by the subcommittee and be presented to the Board of Selectmen. Mr. McParland said he wanted the draft to be reviewed by the full Planning Board first. Mr. J. Atkinson agreed and said the recommendation should be made to the Board of Selectmen shortly after July 1st.
Wastewater. Mr. de Bakker said an information flyer on wastewater issues had been included in the recent water bill mailing. He said his committee would be presenting financing options to the Board of Selectmen soon.
Route 28. Mr. J. Atkinson said that he and Mr. Spitz attended a second work session but that no members of the public were there. He said they outlined in general terms a concept for Route 28 which will be presented to the full Planning Board after Town Meeting.
Saquatucket Harbor. Mr. Brophy reported that he had just attended his first meeting since December. The committee’s plans are showing lots of restrictions – wetlands, hazard mitigation areas, etc. Mr. Spitz said he felt the committee’s vision was too narrow and that the current plan should not be supported. Mr. J. Atkinson said he had attended one committee meeting and said the general opinion was that we cannot do anything on this site. He agreed that Mr. Brophy, as liaison to the committee, should not support the current plan. Mr. A. Atkinson said many neighbors want to know why the Town has not closed on the property and why the ugly buildings have not been torn down. Ms. Kozar said there is too much parking for cars and boats. She does not want to see the equivalent of Ryders Cove. Mr. Spitz said that perceived parking needs are one of the primary limiting factors on the committee’s vision.
Mr. A. Atkinson moved and Mr. McParland seconded a motion to direct the Planning Board liaison not to sign the currently proposed plan. Mr. McParland said he also wanted the Planning Board to see the plan before it went to the Board of Selectmen. Linda Cebula noted that the committee reports to the Board of Selectmen and not to the Planning Board. The motion was approved unanimously.
V.a. Minutes
Mr. Brophy moved and Mr. McParland seconded a motion to approve the minutes for March 24, 2015. Mr. J. Atkinson asked that one change be made on page 1 where “member of the public” should be changed to “members of the public”. The motion maker and seconder accepted this change. The amended motion was approved unanimously.
The meeting was adjourned at 8:20 PM.
Respectfully submitted,
David Spitz
Town Planner
Adopted: May 12, 2014