Planning Board Public Hearing

Wednesday, April 2, 2008

Judge Welsh Hearing Room, Town Hall

260 Commercial Street, Provincetown, MA 02657

 

Members Present: Ellen Battaglini, Joe DeMartino, Kevin Rich, and Marianne Clements

Staff Present: Maxine Notaro, Permit Coordinator, David Gardner, Assistant Town Manager

 

Kevin Rich, Vice Chairman, called the meeting to order at 7:05 p.m.

 

Case #2008-02 Site Plan Review (Revised Plans)

Application by Martin R. Donoghue, P.E./Coastal Engineering Co., Inc. on behalf of Bradford East Condominium under Article 2, Section 2320 of the Zoning Bylaws for High Elevation Protection District A. to remove and reinstall an in-ground swimming pool within existing deck area previously approved at the property located at 208 Bradford Street, Provincetown, MA (Res3 Zone).

 

There were some additional structural changes to accommodate pool replacement.  Foundation work around perimeter of deck will not change.  Existing pool is believed to be concrete.  Pool being made smaller and deck made larger.  Not clear whether pool is or will be heated, but if it is heated, the proposal is to replace in kind, so the equipment and propane tank will be located in the same place.

 

Motion: to approve Site Plan Review Case #2008-02 pursuant to plans submitted dated 3-19-2008 as submitted. 

Moved: Joe DeMartino                     Second:  Ellen Battaglini                  Vote: 4:0:0

 

Case #2008-07 Site Plan Review

Application by Mark P. Kinnane of Cape Associates, Inc. under Article 2, Section 2320 of the Zoning Bylaws for High Elevation Protection District A. The applicant seeks approval for a 7’ x 14’ first floor deck extension and a 6’7” x 0’ second floor deck extension at the property located at 12 Creek Round Hill Road, Provincetown, MA (Res1 Zone).

 

Derick Burgess representing Cape Associates.  Looking to expand 2 existing decks.  Submitted additional info at the meeting for high elevation.  Will continue latticework on first floor deck sited away from dune.  Crest is at 56-69’.  Working at 42’ grade elevation.  Existing landscaping will not be disturbed.  Will do digging by hand.  Will drain as present.   Existing 1st floor deck (18’x14’ =252 sf) is being expanded 12’ x 7’.   Total 350 sf.  First floor deck is approximately 2’ off the ground and will be approximately 4’ at corner of the expansion.  Total of 3 sono tubes will be dug. 

 

Board will need a full site plan with engineers stamp for approval.  Plan should include contour lines. 

 

Motion:   Continue to April 16, 2008, and request the applicant to provide an original site plan with contours.  Plans to include both existing and proposed of the entire deck for both first and second floor decks. 

Moved:  Ellen Battaglini        Second:  Joe DeMartino                  Vote: 4:0:0

 

Case #2008-08 Site Plan Review

Application by Martin R. Donoghue, P.E., Coastal Engineering Co., Inc. on Lands End Inn at Gull Hill, Incorporated under Article 2, Section 2320 of the Zoning Bylaws for High Elevation Protection District A. The applicant seeks approval for the construction of a swimming pool at the property located at 22 Commercial Street, Provincetown, MA (Res1 Zone).

 

Erosion and sedimentation control barrier.  Lighting will be low wattage and will not have any impact on adjacent properties.  There is a well on the site.  ZBA has issued a special permit for the pool.  

 

Letter from Jamie Veara, Attorney representing Gaylord Nealy, abutter was read into the record.  Concern about potential destabilization of the slope adjacent to parking easement. 

 

Retaining wall top of wall will be approximately 2 feet.  Pool deck will be at approximately 54.5-foot elevation.  Fence will be 6 ft tall and 5 ft in places pursuant to code.  Pool is proposed to be heated; existing propane tank is enclosed in the rear of the property.   The area is level and currently lawn and patio area.  There should be no increased storm water run off because deck area will include pervious area between pavers and adjacent area is heavily vegetated.  

 

Board would desire a site visit.  Would like the pool area, deck area and retaining wall should be staked. 

 

Motion: Continue to April 16, 2008, and request a site visit at 6:30 pm on April 16, 2008, the applicant should ensure the pool area, deck area and retaining wall to be staked. 

Moved: Joe DeMartino                     Second:  Ellen Battaglini                  Vote: 4:0:0

 

Case #2008-09 Site Plan Review

Application by Polhemus Savery DaSilva Architects/Builders on behalf of Jeffrey Liebert and Martha Brown under Article 2, Section 2320 of the Zoning Bylaws for High Elevation Protection District B. The applicant seeks approval for the demolition of an existing 4-bedroom single-family dwelling and accessory shed and replace with a 4-bedroom single family dwelling with pool at the property located at 9 Open Lane Street, Provincetown, MA (Res1 Zone).

 Ginny Binder presented, Martin R. Donoghue, P.E., Coastal Engineering Co., Inc. 

 

The house was destroyed by arsonist.   The property is located in high elevation area District B over 60’.  Presentation identified compliance with Section 2320 Criteria as well as Section 4160.  The new structure will be better sited on the property.  New structure height will be lower at 22 ft maximum. 

 

Reggie Donoghue identified erosion control methods.  The proposal will remove extensive paving in the drive area and replaced with pervious paver stones. 

 

Landscape architect (Hawk Design Inc.) presented the proposed landscape plan for the project. 

 

Letters from abutters in support:  Bill & Charlotte Gordon, Marc and Stacy Garvey. 

Letter of concern from Allen Eyden, abutter.  Concerned that the width of Oppen Lane can’t handle repeated travel by large vehicles during construction.  Would like assurances that damage to the road during construction would be repaired. 

 

Concern that skylight and metal roof material would reflect the sun at the top of the dune and be visible throughout town.   Applicant to have architect respond to these issues.

 

Money should be place in escrow to mitigate potential damage during to Oppen Lane.

 

Motion: Continue to April 16, 2008, request a site visit on April 16, 2008 at 6:15 pm with a request to have the finials staked for review.  Further clarification regarding the reflectivity of the skylight and metal roof material as well as a sample of roof material.   Request the owner provide the sum of $5000 into escrow to mitigate potential damage to Oppen Lane. 

Moved: Joe DeMartino                     Second:  Ellen Battaglini                  Vote: 4:0:0

 

Motion:  Move to approve minutes of the January 16, 2008 meeting as amended.

Moved:  Joe DeMartino                    Second:  Ellen Battaglini                  Vote: 3:0:1 MC

 

Motion:  Move to approve minutes of the February 20, 2008 meeting as submitted.

Moved:  Joe DeMartino                    Second:  Ellen Battaglini                  Vote: 3:0:1 MC

 

Motion:  Move to approve minutes of the March 5, 2008 meeting as submitted.

Moved:  Joe DeMartino                    Second:  Ellen Battaglini                  Vote: 3:0:1 MC

 

Meeting adjourned at 9:19 p.m.

 

Respectfully submitted,

David Gardner