Planning Board Public Hearing
Wednesday, June 21, 2006
Judge Welsh Hearing Room, Town Hall
260 Commercial Street, Provincetown, MA
02657
Members Present: Anne
Howard, Kevin Rich, Ellen Battaglini and Joe DeMartino
Excused absent: Howard
Burchman
Staff Present: Doug Taylor,
Building Commissioner and Maxine Notaro, Permit Coordinator
Agenda
Rick Wrigley, 232 Bradford
Street for an administrative amendment for combining two dwelling units into
one building. The corner setbacks will
remain the same and a new septic system will be installed.
Motion: Kevin Rich moved to accept the
amended site plan.
Seconded: Joe DeMartino.
Voted: Unanimously.
Case #2006-10 Site Plan Review (continued from
previous meeting)
Application by Edward
“Ted” Malone under Article 4, Section 4100 of the Zoning Bylaws for
Dwelling Units and Commercial Accommodations.
The applicant seeks approval for the construction of a three-unit
residential dwelling at the property located at 10 Stearns Avenue (23 Race
point Road) (Res3 Zone).
The public portion of the meeting was closed at the
last meeting, however, the board moved to reopen the public portion based on
additional input from the abutters.
Rachel Peters said she had a conversation with Mike
Trovato, Fire Chief. There is still no
need for a temporary fire road because the fire hydrants in the neighborhood
are sufficient. She asked who
determines if the road will happen?
Anne Howard said it was up to the Fire Chief and the
Board of Fire Engineers.
Rachel Peters asked Ted Malone when he thought he
would be speaking with the Fire Chief.
Ted Malone said he left a message with the Fire
Chief as of today. There will be a road
originating off of Race Point Road to service a twenty-one-unit development,
which is still in the development stages.
Kevin Rich asked if the driveways would be paved.
Mr. Malone said they would be gravel surface.
Kevin Rich then said there would really be no
hardship to show the road at this particular time.
Ted Malone said no but he was trying to be up front
with everything. He felt strongly for
the safety of Nelson Avenue by creating another route. One concern of the Cape Cod Commission is
access. There is no other access for
vehicular vehicles other than emergency access.
Larry Meads said he was concerned about the present
location of where the horses are places.
He said he would like to see a fence installed between his property and
Ted Malone’s property. He also mentioned
the following:
— He
was recently tested for Barn Disease
— He
is scheduled for heart surgery in August and this has caused added stress
— The
electrified fence has shocked his daughter
—
Constant dust through his windows because of the close proximity of the
horses and construction
— He
cuts the grass in the area of Mr. Malone’s property to cut down on the
misquotes and ticks
He further stated that people have to compromise too
much for projects of this nature.
Ted Malone said he felt he has disclosed more
information than he had to. Therefore,
he confined the discussion to a three-unit building that is small within the
scale structure. It has sufficient
frontage to create two lots with two units fronting on Nelson Avenue without
the Planning Board approval. That is
more than what he was asking for, which is a multi-family dwelling on one lot.
Francis Peters questioned the size of the lot. Also the two driveways going in.
Ted Malone said the lot size is 7700 sq. ft., which
is enough land to accommodate a three unit dwelling with a septic system
designed for 4 bedrooms.
Francis Peters said the road should not be addressed
at this time because it is for a future project. However, the Fire Chief should review the road and perhaps even
an engineer to make sure the road is or is not needed.
Also, he said he was not aware the fence surrounding
the horse corral was electrified.
Perhaps Mr. Malone can turn it off or do something else to protect the
horses. There are a lot of children that
play in that immediate area and the electrified fence could be a danger to anyone
who comes in contact with it.
Ted Malone said there is plank board fencing. One small area of the fence had an
electrified fence on top to teach the horses not to jump over the fence.
Anne Howard asked how far away the electrified fence
was because there is a bylaw that states it must be posted.
Francis Peters said Ted Malone has a right to build
by law, however, he does object to the road and the electric fence.
Larry Meads said the fence is electric. His property is 12’ from the fence. He witnessed a horse being electrified by
the fence. His back patio abuts the
horse area.
Ted Malone said he would agree to install a 6’ fence
that would separate his property from Mr. Meads property.
Lisa Martin, abutter asked that Mr. Malone move the
electrified fence in a little so the children that play in that area do not get
shocked.
Anne Howard cautioned that she believes you cannot
have an electric fence on top of a wooden fence.
The board members were concerned about the safety of
the children during the construction phase of the project. Perhaps there should be a detailed police
officer. Also, more information is
required regarding the fire road accessing out onto Stearns Avenue as opposed
to using Race Point Road access.
A copy of the Fire Chief’s comments to the board is
required.
Joe DeMartino said it looked as though the proposed
fire access road crosses over the lot.
Ted Malone said yes it does and would need an
easement to cross over the property.
Doug Taylor said the board should define detail
because they have police details or it could be someone on site by Ted
Malone. There has been a lot of
activity in that area over the last year.
Rachel Peters said a police officer would be
assigned if a lot of complaints come in.
Francis Peters said he assumed there are rules and
regulations required on development of roads and construction.
Anne Howard said there are and that would happen at
the next phase of Mr. Malone’s project.
She would like to see a competent person to oversee the site during
construction.
Ted Malone requested a continuance to July 19, 2006.
Motion: Kevin
Rich moved to accept the request to continue to July 19, 2006.
Seconded: Ellen
Battaglini seconded the motion.
Voted: Unanimously.
Administrative
Amendment to Site Plan Review
William N. Rogers on
behalf of Evelyn M. Gentemann and Roberta J. Cornette to discuss the
construction of a deck on the south elevation and for the installation of a
swimming pool with surrounding decking at the property located at 10 Telegraph Hill, Provincetown, MA.
Motion: Kevin
Rich moved to continue to July 19, 2006.
Seconded: Ellen
Battaglini.
Voted: Unanimously.
Administrative
Amendment to Site Plan Review
William N. Rogers on
behalf of Jamie Kryszkiewicz to construct decks and steps at the property
located at 59 Bayberry Avenue,
Provincetown, MA.
There are three required changes:
—
Timber front steps
—
Timber side steps
— Wood
decks
Motion: Ellen
Battaglini moved to approve the amended site plan as presented.
Seconded: Kevin
Rich.
Voted: Unanimously.
Case #2006-06 Site Plan Review
Application by Neal Kimball on behalf of Provincetown Hospitality, LLC. The applicant seeks approval to convert an existing motel to multi-family residential use at the property located at 540-544 Commercial Street, Provincetown, MA.
Case #2006-07 Site Plan Review
Application by Neal Kimball on behalf of Provincetown Hospitality, LLC. The applicant seeks approval to convert an existing motel to multi-family residential use at the property located at 543-545 Commercial Street, Provincetown, MA.
Attorney Chris Snow said the plan is to keep the
present openings from Bradford Street to Commercial Street open to allow a
commercial vista see-through.
Reggie Donahue said a new drainage system would be
installed. There will be a trench drain
and two catch basins. The parking area
will be reconfigured.
Patrick Eeley, landscape architect said the key
elements are:
Green area.
Native beach grass.
Tall hedge material.
There will be a 10’ buffer near parking stalls.
The east side of Kendall Lane will be resurfaced
with a lattice structure with green.
543-545 Commercial Street
The apron will remain as a drop-off area.
Lighting will be controlled.
No light pollution.
Neal Kimball said there is only one change to the
design. Drive-thru access reinstated
and one-way traffic flow.
Cecily Stetson – Harbor Mist Condominium residents
are concerned about the refuse and the pickup of it.
Attorney Snow said private trash pickup could be
addressed as part of the condominium documents.
Reggie Donahue said there is no improvement in storm
water by lowering the parking lot.
Kevin Rich said at present everything is draining to
the northwest corner.
Reggie Donahue said it is but will be reduced. He explained the drainage and how the water
collects. There is also a municipal
drain in the immediate area. The town
discussed installing a pump station but it is not in the works at this time.
Kevin Rich asked if the trash bins would be enough
to handle the units or would a dumpster be required.
Attorney Snow said as stated in a previous meeting,
they are up-scaled condo units that are pretty much self-contained.
Anne Howard said they would probably be looking at a
private pick-up service.
Attorney Chris Snow said this project would not
apply for municipal pick-up.
540-544 Commercial Street
Motion: Kevin Rich moved to accept the site
plan for 540-544 Commercial Street as presented.
Seconded: Ellen Battalion seconded the motion.
Voted: Three in favor, zero opposed and
one abstention.
In favor were Anne Howard, Ellen Battalion and Kevin Rich. Joe DeMartino abstained.
543-545 Commercial Street
Motion: Kevin Rich moved to accept the site plan for 543-545 Commercial Street as presented.
Seconded: Ellen
Battalion seconded the motion.
Voted: Three in favor with, zero opposed
and one abstention.
In favor were Anne Howard, Ellen Battalion and Kevin Rich. Joe DeMartino abstained.
Motion: Ellen
Battalion moved to approve the minutes as corrected.
Seconded: Joe
Demotion seconded the motion.
Voted: Unanimously.
Open Space Committee was
looking for information previous to 1995.
Anne Howard said the
properties that come into mind were the Locke Property and Shank Painter Pond
Property.
Adjournment
Motion: Ellen Battalion moved to adjourn the meeting at 9:50 pm.
Seconded: Joe DeMartino seconded the motion.
Voted: Unanimously.
Respectfully
submitted,
Maxine Notaro
Permit Coordinator
Approved
by__________________________________on____________