Planning
Board Public Hearing
Wednesday,
June 4, 2008
Judge
Welsh Hearing Room, Town Hall
260
Commercial Street, Provincetown, MA 02657
Members Present: Ellen Battaglini,
Joe DeMartino, Howard Burchman and
Marianne Clements
Staff Present: Maxine Notaro,
Permit Coordinator, David Gardner, And Assistant Town Manager
Howard Burchman, Vice Chairman, called the meeting to order
at 7:05 p.m.
Site Visits
Ellen Battaglini, Joe DeMartino,
Howard Burchman, Marianne Clements were present at the site visit at 51R Harry
Kemp Way.
Pending Cases
Ellen Battaglini, Howard Burchman,
Marianne Clements were present at the 6:30 p.m. site visit at 5 and 7 Georges
Path.
Both applications are under same ownership, therefore, would
be considered together. Joe DeMartino
recused himself from both of these cases.
Case
#2008-11 Site Plan Review
Application Alan Cabral of Felco, Inc. on behalf of
Kathleen Meads under Article 2, Section 2320 of the Zoning Bylaws for High
Elevation Protection District A. The applicant seeks approval for a proposed
two-family dwelling with driveway and septic system at the property located at 5
George’s Path, Provincetown, MA (Res3 Zone).
Alan Cabral of Felco,
Inc. submitted photos of the existing property.
The location of the buildings will not be set at the highest point on
the property. The two properties will
share one common drive in order to save the existing trees. Lot #5 will have one building with two units
and there will be a small retaining wall approximately 3’ to 4’ in height.
Case
#2008-12 Site Plan Review
Application Alan Cabral of Felco, Inc. on behalf of
Kathleen Meads under Article 2, Section 2320 of the Zoning Bylaws for High
Elevation Protection District A. The applicant seeks approval for the
construction of a two-family dwelling with driveway and septic system at the
property located at 7 George’s Path, Provincetown, MA (Res3 Zone).
Alan Cabral of Felco,
Inc. said a small wall of approximately 2’ would be installed for a level area
due to the construction of the septic system.
Plantings are proposed to conceal the wall. The installation of utilities will be
underground and the driveways will be of pervious materials. The excavation will be minimal and there will
be no cutting or filling of driveways.
Both projects will have minimal impact on the property and to the
surrounding properties.
Motion: Move to approve Case 2008-11
and 2008-12 Site Plan Review as submitted.
Moved:
Ellen Battaglini Second: Marianne
Clements Vote: 3:0:0
Case
#2008-13 Site Plan Review
Application by William N. Rogers, II, P.E. P.L.S. on
behalf of Olga Opsahl & Kenneth C. Weiss under Article 2, Section 2320
of the Zoning Bylaws for High Elevation Protection District A. The applicants
seek approval to remove an existing shed and to construct three proposed duplex
buildings, one per lot with Title 5 septic system and appurtenances at the
property located at 51R, 55 and 57 Harry Kemp Way, Provincetown, MA (ResB
Zone).
Attorney Jay
Murphy, Jr. and William N. Rogers made presentations.
Attorney Murphy
said the proposed design is well suited for the property and will be visible
from Harry Kemp Way. The height will not
be visible from other areas of town. Mr.
Weiss will place screening to provide privacy for the adjacent buildings and the
grade is at 12%, which is the requirement for minor roads.
Bill Rogers the
Zoning Bylaws Article 4 – Special Regulations, Section 4163 Design Standards
states as follows:
2. Curb radii at street intersections shall not
be less than twenty-five feet.
Applicants are
requesting twelve-feet. To have twenty-five feet (12˝ feet on each side) would
double the entrance area onto the property and that is too much. A 12’ radius is what was used on the other
side of Harry Kemp Way. This is a
driveway and not a road. The twenty-five
feet is required when doing a subdivision.
There will be
site distance over the walls, no blind drives.
The Zoning Board of Appeals requires walls to be four-feet or less so as
to not constitute a structure.
Applicants request a waiver from
the curb radii at street intersections.
Motion to waive the curb radii requirement.
Moved:
Joe DeMartino Second: Ellen
Battaglini Vote: 4:0:0
Curb cut approval by the Board of
Selectmen is required.
Motion: Move to approve Case 2008-13
Site Plan Review as submitted.
Moved:
Joe DeMartino Second: Ellen
Battaglini Vote: 4:0:0
Ellen Battaglini, Joe DeMartino, Howard Burchman, Marianne
Clements
Approval Not Required Pre-Application
William N. Rogers, II on behalf of Mary B. Martinez to
combine parcel 1 with 24 Winthrop Street to form lot 1 at the property located
at 24 & 26 Winthrop Street. This is a relocation of a lot line and
will lessen the non-conformances to the property maintaining the right-of-way.
No one from the board expressed concern of the proposal.
Property Easement for 34 Standish Street
—Discussion on property easements between the Town of Provincetown and
the property owner for property located at 34 Standish Street, Provincetown, MA
David Guertin, Director
The property in question is located at the corners of
Standish Street and Cemetery Road as well as Cemetery Road and Alden
Street. The paved street encroaches on
the property at both street corners.
The action would perhaps require a Variance to further
reduce the lot area intensifying a previous existing nonconformance for the
parcel. The property currently contains
three residential units. The action
may ultimately require Board of Selectmen approval as well as Town Meeting
approval.
An Easement would be granted by the owner to the town giving
the Town use of the area of the paved road, with the Town assuming all the
liability for the area. The intent is to
have the property owner indemnified.
The question arose as to the property being considered as a
taking and the answer was that the town has no intention or appetite for
such. Also, Attorney Murphy said it has
not been used in its present condition for the twenty years as of yet.
Mr. Burchman asked what
prompted this.
Moe VanDereck, property owner explained, the town, when
paving the road a few years ago, paved over the corner portion of his property
on Standish Street and Cemetery Road and the section in front of his property
on Cemetery Road and Alden Street. He is
now looking to rectify the problem.
No members of the Planning Board expressed concern regarding
the request moving forward. Town
Counsel will determine the appropriate process from here.
Attorney Murphy said it would probably be done through an
81X.
Regional Land Use Vision Map Project
Heather McElroy, Environmental Planner with the Cape Cod
Commission gave a presentation and an overview of the Regional Land Use Map for
Cape Cod.
The Commission has undertaken this project throughout the
Cape. The project is a result of a
recommendation made by the 21st Century Task Force planning
process. The map is being developed
using information about sensitive resources, local planning knowledge, and
existing patterns of development to identify discrete area that require
additional planning or where significant change may not be appropriate. The goal, through identifying appropriate
growth areas, planning implementing necessary infrastructure improvements and
making appropriate regulatory changes, is to create incentives which direct
growth and reinvestment to areas where it can be accommodates, and away from
areas that require increased protections for ecological, historical, or other
reasons.
There’s opportunity to customize
Discussion ensued regarding the
appropriate areas depicted on the map.
(See attached map)
The
Commission has relied on the knowledge and recommendations of local planning
staff and boards to identify areas in each community that should be mapped for
increased growth and economic activity, and areas where additional development
should be discouraged. Up to five broad land use categories have been
identified on the Regional Land Use Vision Map. These include: Economic Centers, Villages, Industrial and
Service Trade Areas, Resource Protection Areas, and Other areas. Descriptions
of these categories are available in the attached document. In order to provide
a unified approach envisioned by the Task Force, the Commission has established
a “basic” resource protection area applicable to all towns, which includes
wellhead protection areas, areas vulnerable to flood damage in a significant
storm event, historic districts, and the Cape Cod National Seashore. An
Economic Center could overlay one of these basic resource protection areas.
In addition to creating a growth
policy vision for Cape Cod, the Regional Land Use Vision Map guides the
application of new, flexible Development of Regional Impact (
Following endorsement of the
Regional Land Use Vision Map, a town’s board of selectmen (or the town manager
in Barnstable) may apply for changes to
Towns
seeking changes to
One area the board members would like
to be considered as an Economic Center would be the Conwell
Street GC area.
—Discussion on Zoning Bylaws will be coordinated with Martha Hevenor at a
future meeting.
Motion: Move to approve minutes of the
May 21, 2008 meeting as amended.
Moved:
Joe DeMartino Second:
Marianne Clements Vote: 4:0:0
Motion: Move to appoint Howard Burchman
as Chair.
Moved:
Joe DeMartino Second:
Marianne Clements Vote: 4:0:0
Motion: Move to appoint Joe DeMartino
as Vice Chair.
Moved:
Howard Burchman Second:
Marianne Clements Vote: 4:0:0
—Town-Wide Goals
Motion: Move to approve Planning Board
Goals for FY2009 as discussed and submit to Board of Selectmen.
Moved:
Joe DeMartino Second:
Howard Burchman Vote: 4:0:0
Meeting adjourned at 9:19 p.m.
Respectfully submitted,
David Gardner
Maxine Notaro