Public Meeting
September
22, 2004
7:00 p.m.
Members Present: Barnett
Adler, Ellen Battaglini, Regina Binder, Howard
Burchman, and Annie Howard.
Member Absent: none
The
Planning Board will consider the following:
Site
Visit 5:30 p.m.
William
N. Rogers II, P.E., P.L.S. on behalf of Off Cemetery Road Realty Trust, 45 Off
Cemetery Road for a Definitive Subdivision
Four
of the five members of the Planning Board took part in the site visit. Howard Burchman was unable to attend.
The
Planning Board meeting was convened at 7:00 p.m.
Board
reorganization 6:55 p.m.
Motion: Barnett Adler made a motion to table the
reorganization until the end of the meeting.
Ellen Battaglini seconded it and it was passed 5-0-0.
Public Hearing 7:00 p.m.
Case #2004-13 Definitive
Subdivision Plan
Application by William N.
Rogers II, P.E., P.L.S. on behalf of Off Cemetery Road Realty Trust under
Chapter 41, Section 81-L for approval of a proposed Subdivision in accordance
with the Rules and Regulations of the Provincetown Planning Board and as shown
on a plan by William N. Rogers II, P.E., P.L.S. dated August 24, 2004 entitled
Subdivision Plan of land in Provincetown located at 45R Off Cemetery Road,
Provincetown, MA (Res 3 Zone) which are on file in the Department of Community
Development, 260 Commercial Street, Provincetown, MA 02657.
William
Rogers, II, accompanied by Ken Weiss, presented the plan to the Planning
Board. Mr. Rogers said that this plan
evolved from the preliminary plan that had been approved by the Planning
Board. He presented the 4 waivers that
he would need to make the plan work.
Bill
also presented a sample of a covenant from his attorney which he was prepared
to supply. He then passed it out to
group. Also, a letter from Fire Chief
had been received in support of the plan.
He further elaborated that construction of the road has to be monitored
by the Town and there is a strict construction schedule set by the rules. All utilities will be underground and his
aunt’s house will be removed. Annie
Howard had a letter from the BoH and they didn’t have any issues with the
proposed plan.
Marilyn
Downey, an abutter, said she had concerns with drainage. Annie Howard said there are pretty specific
protocols for subdivisions and Planning does go out at certain times to check
on drainage; that is the 3rd inspection we’ll do. Mr. Rogers hopes to eventually put in a
trench drain to prevent any possible problems.
Karen
Peterman, an abutter and condo owner, had many concerns, which are addressed in
the motion for #2004-13.
A
letter from Stephen Roach and Jeffrey Asher of West Hartford, CT was read into
the record. Their basic concern was the
island at the end of the road – they want the island to go. It will not………. Since it’s viewed as a safety
issue.
Ken
Weiss – making one point – wants to meet with residents of Tiny’s Way and find
ways to improve their street. Maybe
pave the road at his expense.
Motion: Howard Burchman made a motion to approve the
plan for case #2004-13 with the 4 waivers requested:
1.
minimum right of way
2.
minimum width of pavement
3.
minimum radius – turn around
4.
minimum width of berm
Also, as previously
discussed, the street pavement will be moved as far to the north east as it
can, limited by the underground utilities location – remove and replace the
garden as best they can up to the edge of the road – no clear cutting of the
trees (primarily between lots 1 and 2) – preserve some of the buffer on lot 2 –
and along lot 2 (which is on the side of the condo) Ken Weiss agreed to being
willing to commit to a 6 foot buffer zone.
Barnett Adler seconded the motion and it passed 4 – in favor, 0 –
opposed, and 1 abstention (GB)
Coastal
Engineering Company, Inc. on Behalf of Cumberland Farms, 100 Shank Painter Road
for an Administrative Amendment to an approved Site Plan
Reggie
Donough presented the plan to the Planning Board. Cumberland Farms wants to enlarge their store and need an
administrative amendment to approve the demolition of some of the building;
they plan to reconfigure the existing building and add approximately 6 feet on
the South side.
Motion: Howard Burchman made a motion to approve the
administrative amendment for Cumberland Farms.
Ellen Battaglini seconded the motion and it passed 5-0-0.
Reggie
Donough had another issue relative to this site. The original plan has been misplaced and cannot be found. Annie Howard said she’d track it down.
Motion: A motion was made to take the Health Care
Overlay District out of order because the group had waited a very long time to
be heard. It was seconded and
unanimously approved.
Health Care Overlay District – language revision as
requested.
Dennis
Anderson, Keith Bergman, Marilyn Downey, and Eileen Thomas presented the
request to the Board. The group wished
to take “non-profit” out of the verbage to make the request for an RFP more
desirable. The group felt that
“non-profit” was too restrictive a term.
Howard
Burchman said that he can understand the concept but do the references to
non-profit have to be deleted at this time?
Howard isn’t sure that this is necessary to submit the Determination of
Need.
The
group argued that it was too restrictive and said that even the FinCom’s
challenge was “for-profit.”
Motion: Barnett Adler made a motion to recommend
this amendment to the zoning by-law.
Howard Burchman seconded the motion and it passed 5-0-0.
BSC
Group on behalf of Village at the Moors Condominium, 5-15 Bradford Street
Extension for an Administrative Amendment to an approved Site Plan
Ellen
Battaglini disclosed the fact that she works for an attorney who works for the
abutters. The presenters felt that
there was no problem with this.
Kerrin
__________ and Michael Morris, an attorney, represented the owners of the
property. They said they had received
approval but since that time they found that they need to do corrections to the
drainage problem. They said they
removed and replaced some of the landscaping as well as removing all the red
brick because they felt it was safer to replace the bricks with wood.
The
owner of the front building said that he thinks what is happening out there is
much more pleasing than it was or would have been. Roger Dias had issued a temporary Certificate of Occupancy for
front building and it has been occupied ever since.
Michael
Morris pleaded with the group for approval since everyone is ready to go and the Planning Board is holding him
up. Atty. Morris would like everything
resolved so they can get on with it. He also presented a letter from the Moors
Condo Trust approving of the plan.
Barnett
Adler said he would like to suggest yet another site visit with the Building
Inspector and the Planning Board. This,
he continued, has been a continual back and forth happening. Mr. Adler said he’d like to know that we’re
all on the same page. We’ve already
approved whatever we had been given and now we have yet more changes. He’s just not comfortable with all the
changes that have happened. Howard
Burchman agreed that it’s incumbent on us to go into greater depth.
Michael
Morris agreed saying that this has been a nightmare for everyone. The back building had the wrong
elevation. And now, Mr. Morris wants it
done super soon because of the weather and time constraints.
The
Building Inspector is supposed to be at the site between 1 and 3 on the 23rd.
A
tentative site visit is planned for Monday, September 27th at 5:30
p.m. with a meeting immediately following.
Annie will also request a letter from the Building Inspector after his
site visit planned for September 23rd.
Board
Reorganization:
Motion: Ginny Binder made a motion to put the Board
Reorganization on hold until after Anne Howard resigns. It was seconded and approved unanimously.
Minutes for September 8th
Motion: Barnett Adler made a motion to accept the
minutes of the September 8th meeting. Ginny Binder seconded the motion and it passed 5-0-0.
The Board adjourned at 9:00
p.m.
Respectfully
submitted,
Evelyn Rogers Gaudiano
Approved by ____________________________on
______________, 2004.
Annie Howard, Chair