Planning
Board Public Meeting
Wednesday,
January 12, 2005
Judge Welsh
Hearing Room, Town Hall, Provincetown, MA 02657
Members Present: Anne Howard,
Chair, Barnett Adler, Howard Burchman and Ellen Battaglini.
Staff Present: Doug Taylor,
Building Commissioner/Staff Liaison
Maxine Notaro,
Permit Coordinator
Executive
Session was called to order at 7:05 p.m.
Maxine
Notaro announced that Ginny Binder has submitted her resignation from the
Planning Board as of January 5, 2005 which raised questions as to whether board
could vote on special permit for Cingular.
Executive
Session closed at 7:55 p.m.
Public
Hearing continued at 8:00 p.m.
10 Hobson Avenue
Henry
Bloch and Ed Patton, attorney was present. Lisa Westervelt, attorney for abutters
was also present.
Ed
Patton informed Planning Board members that he sent a letter to the Town Clerk
on October 6, 2004 requesting a certificate of constructive approval and did so
again on October 22, 2004 and has not had any response.
Board
apologized that Town Counsel was not present at meeting as he was expected to
attend.
If
request was granted and Hobson Avenue were extended, Zoning by-laws (Res. 1)
would require 30 foot front setback and 20 foot back setback which would only
leave room for 10 foot structure which is why they are proposing to construct a
new private way (lot 4) as frontage which would deal with that problem.
Proposed building would be on lot 5 and lot 3 would be unbuildable.
Motion:
To deny plans for 10 Hobson Avenue, Provincetown, MA based on the fact that
proposed plans do not meet legal definition of a subdivision in that it does
not propose two or more build able lots and because the designation of lot 4 as
a private way does not create necessary frontage for lot 5.
Moved:
Howard Burchman Seconded: Barnett
Adler Vote: 3:0:1
Ed
Patton responded that applicant objects to the decision. This decision was
rendered more than 90 days after application was submitted and that applicant
does no waive right to seek certificate of constructive approval from Town
Clerk.
Howard
Burchman made a motion to approve minutes from December 15, 2004. Barnett Adler
seconded and it passed 4:0:0.
Barnett
Adler made a motion to accept findings for 9 Ryder Street (2004-015).
Ellen
Battaglini seconded and it passed 3:0:1.
Meeting
adjourned at 9:10 p.m.
Respectfully
submitted,
Phyllis
Lutsky
Phyllis
Lutsky
Recording
Secretary