Planning Board Public Meeting
Wednesday, March 15, 2006
Judge Welsh Hearing Room, Town Hall
260 Commercial Street, Provincetown, MA
02657
Members Present:
Howard Burchman, Anne Howard and Ellen Battaglini
Staff Present: Doug
Taylor, Building Commissioner and Maxine Notaro, Permit Coordinator
Excused absence:
Kevin Rich
Meeting called to
order at 7 p.m.
Anne Howard
made a motion to take both cases consecutively.
Seconded by
Ellen Battaglini. Voted unanimously.
Ted Malone submitted a site plan showing the location of the retaining
wall and drainage. The lots created by the ANR left a large parcel of
land. The commercial activity on the property
is carved out into one lot. The total
development shows the existing structures.
One area on the plan showed the new road layout. The original road was artificially built up
to accommodate the house on the hill.
The circle will be counter clockwise and the employee parking will be
located in the back. There are a total
of 44 parking spaces; 42 are for the commercial uses and one each for the two
residential units. The square footage ratio per commercial space is 350 sq.
ft., which gives 42 parking spaces plus the one space per residential unit.
Lot coverage is 17.3% vs. the 40% permitted, which leaves 46% of green
area. The traffic flow and the access
point all work together. Buffering of
trees areas take place.
There are a variety of businesses that will draw activity. The bike shop will not be in operation after
this season. The garden shop will be
relocated on site. This development
will operate with year-round businesses.
Mr. Malone said he met with the immediate abutters regarding
lighting. The abutters said they would
like to keep the area secluded as much as possible; therefore, no light will be
shed onto the neighborhood.
Mr. Malone requested a waiver from the Traffic Impact Assessment and
the Development Impact Statement.
The road change is the most significant to this property.
Doug Taylor asked the applicant how he intended on addressing the High
Elevation issues.
Mr. Malone said the property drops down on the south side to
Conservation Commission land. The range
is from 40 to 42 and the low is 38 at the existing entry corner. The highest point is 52. The southeast corner range is from 40 to 60.
Doug Taylor asked how much cut and fill would be required.
Ted Malone said there would be very limited fill required.
Doug Taylor said it appears this is not a big cut and fill project,
therefore, will probably surpass the Bylaw required.
Anne Howard said this is a reconstitution of an already developed
commercial use area for more than 20+ years.
The uses now being requested are not dramatically different from
previous years.
Ellen Battaglini agreed.
Howard Burchman said he was glad to see the existing uses remain and
will maintain character during development.
Anne Howard moved to grant relief from 5331. Development Impact
Statement.
Ellen Battaglini seconded the motion.
Voted unanimously.
Ted Malone there is substantial improvement to what exists. A curb cut will have to be approved by the
State because the access is from a State road.
Howard Burchman said the Board will revisit the traffic analysis when
the plan is brought back before the Planning Board for the residential aspect
of the project.
Ted Malone said he would have to disclose to the State there is a
future phase to the project. However,
this portion of the project does meet the requirements for a curb cut.
Anne Howard said the State might look hard at this area because of the
development over the past several years.
We would support a sidewalk.
There is increased traffic, whether it is pedestrian, bicycle,
vehicular, or foot traffic now in this area.
Howard Burchman said this issue would have to be addressed at a later
date.
Anne Howard said she would prefer to not piece meal the project.
Doug Taylor said the Board should be looking at the project as it is
presented.
Article 4 Special Regulations
4053 Design Standards
Access and Traffic impact:
A Traffic Impact Assessment shall be prepared including: a detailed
assessment of the traffic safety impacts of the proposed project on the
carrying capacity of any adjacent road, a plan to minimize any such impacts,
adequate pedestrian and bicycle access including sidewalks to provide access to
adjacent properties and between individual businesses within a development.
Ted Malone said this phase is the least change to the project. Emergency vehicle access will be proposed.
Anne Howard moved to accept the waiver of 4053, Section 1b.
Ellen Battaglini seconded the motion.
Voted unanimously.
Anne Howard said the scope of the project and the percentage will be
greater than 2500 cubit feet, however, as long as there will not be a lot of
removal and fill then there should be no problem.
Anne Howard moved
to approve the Site Plan for 43 Race point Road with the revised date of
3/14/06, plan 03-023 with the two waivers as described and that the Planning
Board acknowledges that a percentage of high elevation protection district A
will require the removal of more than 2500 cubic feet of fill. Also, the report
submitted by Ted Malone is made a part of the record.
Ellen Battaglini
seconded the motion. Voted unanimously.
Application by CHR, Inc. Ted Malone for proper frontage and real access
to the site for the property located at 43 Race Point Road (Res3 Zone).
Access will not be on Nelson Avenue.
The property consists of 5 lots.
One lot is being further subdivided into two lots known as 1A and
1B. An easement will be required from
1B to access lot 1A.
The existing garage building will be removed.
Anne Howard moved to endorse the plan as
presented.
Ellen Battaglini seconded the motion. Voted unanimously.
Neal Kimball of Kimball Residential Design and Attorney Chris Snow made
the presentation on behalf of Provincetown Hospitality, LLC
540-544 Commercial Street and 543-545 Commercial Street to convert
existing motel units to multi-family residential units.
Howard Burchman asked if they could satisfy under the Zoning By-law
Article 4 – Special Regulations, Section 4162 Consideration and 4163 Design
Standards.
Attorney Snow said they could not.
The Conservation Commission cannot act until all approvals are in
place. At present, they are waiting on
FEMA who are not available at this time. FEMA has put all other projects on
hold until they are clear from New Orleans devastation. He said they would
waive all time constraints. They would
like to use this meeting as an opening for a dialogue for the project without
having to put pressures on anyone.
Technically the Planning Board will not be hearing the case until all
other processes have been met. A letter
from Attorney Snow waiving all time constraints will be forthcoming.
Neal Kimball said Building #1 is the building with the pool, which is the
street side. Building #2 is the
building on the waterside.
Building #1 at present has 45 guest units and one studio
apartment. The proposed use will be for
14 condominium units consisting of eight 2-bedroom units and six 3-bedroom
units.
Building #2 at present has 38 guest units, one 1-bedroom apartment, one
2-bedroom apartment with #4 and #5 as workers rooms. The proposal is to convert this building to 19 condo units
consisting of five 1-bedroom units, twelve 2-bedroom units and two 3-bedroom
units.
Both buildings are in need of major renovations. Based on the renovations required, the
owners decided it would be a good time to convert to residential.
The owners are in the resort business and not the condominium
conversion business, however, due to the heavy renovations that would be
required they decided to condo both buildings.
The current parking area has approximately 100 spaces shared by both
buildings. This leaves 2% or 3% green
space. After proposed renovations,
green space will be 33% with 56 parking spaces for both buildings.
Patrick Eleey, Landscape Architect said the proposal is to have water
runoff contained on site and placed back into the green area. The plantings will be mostly native
vegetation. The intention is to remove
the brick retaining wall on all sides and replace with native plant
material. The street façade will have a
cedar fencing with privacy to the pool area.
Neal Kimball said there would be a beautiful garden on the town landing
side of the property with common access ways to the beach on the left and right
sides of Building #2 – waterside.
Patrick Eleey said lighting would be residential in scale to be 7’ or
8’ in height with a radius of 15’ and to have shades on the top. All lighting will be contained within the
perimeter of the property.
Neal Kimball said the lighting would be of residential style at a
conventional height.
Chris Snow said the intent is to contain and maintain the surface water
on site. The green solution may be the
best alternative for all. The plan is
to open up the solid macadam and have plantings, which will also be very
helpful to this area. A cistern will be
installed on site and will disperse into the irrigation system. This will eliminate the surface water caused
to the neighborhood.
Also, to further add, this neighborhood does not allow motels. These 83 motel units will become 39
residential units.
They will be looking at a Variance from density
Special Permit under 3110 on
the poolside structure and to mansard the now flat roof to eliminate the
problem of leaking
Special Permit under 3340E building scale and,
Variance for multi-family use
The town will gain in real estate tax vs. room tax. A new title 5 will be installed in the
parking lot. More refined plans will
evolve in the future.
This discussion is for preliminary purposes only and Attorney Chris
Snow will be forwarding a letter waiving all time restraints.
Jim Baker of 248 Bradford Street said there is a storm drain of concern
in the immediate area also. The motel
parking lot is only half or three-quarters of the problem. Perhaps a traffic impact assessment should
be required if the breezeway area will be changing. The board members should make a site visit to the area during a
storm. A lot of people use the
breezeway as an access to and from Commercial and Bradford Street. Also, reducing the retaining wall is a great
idea, as it will prevent accidents from occurring in this area.
Doug Taylor asked if the elimination of the breezeway was of any
importance to the property owner(s).
Neal Kimball said it is not a make or break situation.
Attorney Chris Snow said he would recommend to the owner(s) to keep it
open.
Klaus Betten said the town is supposed to be putting in a drainage
system. He asked if the proposed
condominium project would be for year-round use and will it have on site
management?
Neal Kimball said it would make sense to have a management company
oversee the units.
Attorney Chris Snow said it is a condo complex that will have
condominium documents that have not yet been determined.
Elsbeth Vevers said the breezeway is her only view of the water and
further added that flooding to her property is a problem.
Anne Howard made a motion to continue cases
2006-06 and 2006-07 to their May 3, 2006 meeting.
Seconded by Ellen
Battaglini. Voted unanimously.
12 Ship’s Way Road Extension
Anne Howard made a motion to
notice out this property for the meeting of March 29, 2006.
Seconded by Ellen Battaglini. Voted unanimously.
Minutes of March 1, 2006
Ellen Battaglini moved to approve the
minutes of March 1, 2006.
Seconded by Anne Howard. Voted unanimously.
Adjournment
Ellen Battaglini moved to adjourn the
meeting at 9:29 p.m.
Anne Howard seconded the motion. Voted unanimously.
Respectfully submitted,
Maxine Notaro
Permit
Coordinator
Approved by__________________________________on______________