MINUTES TOWN OF BARNSTABLE PLANNING BOARD May 12, 2008

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1 MINUTES TOWN OF BARNSTABLE PLANNING BOARD May 12, 2008 A continuance of the Public Hearing of the Local Comprehensive Plan was posted for 6:00 p.m. and a regularly scheduled and duly posted meeting of the Barnstable Planning Board was held on May 12, 2008 at 7:00 p.m. at the New Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, MA. LCP Subcommittee Members Patrick Princi, Acting Chair Felicia Penn Dave Munsell Ray Lang (Stepped 6:40pm) Steve Shuman 6:15pm) STAFF (present) Jo Anne Buntich Spec. Proj. Coord. Ellen Swiniarski Recording Sec. 6:00pm Local Comprehensive Plan (Continued Public Hearing) Review of Sections 1 and 6 The LCP Subcommittee reviewed the latest changes recommended from the previous public meeting and discussed additional suggestions and changes. Section 1 Revisions were discussed for rewording and adding reference to the principles of concept design as it relates to the GIZ as well as the archeological area and shipbuilding on Cape Cod Section 6 Recommended historic list in order to identify what is being preserved and technical aspects for inventory process for National Register. Discussed engaging a historical consultant for updated Inventory including all areas including outside the GIZ and include Yarmouth Campgrounds Motion duly made by Dave Munsell, seconded by Felicia Penn to continue the public hearing to June 9, 2008 at 6:00pm So voted unanimously 7:00pm Call to Order Planning Board Meeting Motion duly made by Steve Shuman, seconded by Felicia Penn to adjourn for an Executive Session of the Planning Board. So Voted Unanimously 7:30pm Planning Board adjourned from Executive Session and returned to Public Hearing Planning Board Members Present Patrick Princi, Acting Chairman Felicia Penn Dave Munsell Steve Shuman STAFF (present) Jo Anne Buntich, Spec. Proj. Coord Ellen Swiniarski Recording Sec. Jackie Etsten, Principal Planner

2 INFORMAL DISCUSSIONS Tarkinow Group, Map 372, Parcel Zoning District Boundary Change Represented by Attorney John Kenney Attorney Kenney indicated that his client is requesting a change in the zoning boundary lines. This is an ANR lot to the left of BJ s and incorporates both a residential and a business zone. They request that the boundary lines be moved so it goes along the lot line. There is no way to change the current location of the driveway without the zoning change as the impact of the change would greatly diminish what he could develop on this property. There are currently ongoing negotiations to possibly change the driveway to BJ s to align with the potential new development he called Stop & Shop, if that indeed gets the go ahead. Also, the change of zoning allows them to be able to make a better development on the ANR lot. Dave Munsell asked if this will go before the Cape Cod Commission and Attorney Kenney stated that it will be a full DRI at the CCC. Dave Munsell recommended that they bring this before a full board. A sponsor is needed to bring to Town Council for a joint hearing with the Planning Board. The Greenery, 89 Lewis Bay Road & 42 South Street Proposed Amendment to Regulatory Agreement Represented by Attorney David Lawler Attorney Lawler explained that it is the applicant s intent to maintain the project as approved by the Planning Board in that the outside will remain unchanged with the exception of the lot facing South Street. They seek to change the use in that the applicant was approved for condominium use with 20,000 square feet of medical office on 1 st floor. Based upon many factors, they are recommending assisted living replace the condominium use. Structure will remain virtually the same with the exception of a minor change to add a small loading dock out front as indicated on plan. No change to parking lot and he feels this use is a lot less invasive to infrastructure than the prior use and even the most recently approved use under the Regulatory Agreement. Also, because parking for assisted living is less than for condos they are recommending on the corner of School and South Street a small apartment building to replace the original four condo units that had been approved before. Dave Munsell asked what the plans are for this other building. Attorney Lawler stated that the plans are still being worked on; however, they are proposing 10 apartments to replace the four condo units approximately 1,000-1,500 square feet. Steve Shuman stated that of the two plans submitted (Plan A & Plan B) he prefers Plan A as the building is set back more from South Street and the layout of the parking is easier in Plan A. Attorney Lawler stated that he feels the applicant would be happy with either plan; the use is what is most important to the applicant. Felicia Penn commented that she is disappointed that the project as originally intended will not go forward. She also asked if the Apartment building related to use or separate income. Attorney Lawler stated it will be separate income/rental units. Felicia Penn suggested reducing parking for more landscaping. Dave Munsell commented that he has no problem with the change of use in the main building, however, does have concerns with the newer building and wondered if this would open a can of worms for the neighborhood. Attorney Lawler pointed out that there was a 4 unit building that was torn down on this site that was undesirable. This new building is far nicer. Patrick Princi stated that he is leaning with Steve Shuman as far as Plan A and thanked Attorney Lawler for coming before them informally at this time. Guaranteed Fresh Produce, 35 Iyannough Road Regulatory Agreement Represented by Attorney David Lawler Application has been filed and will be advertised this week for June 9, 2007 meeting. Attorney Lawler explained that the applicant currently provides produce to area restaurants and business and is locally owned and employs locally. Currently leases space on Rosary Lane and desires new location at 35 Iyannough Road next to Play It Again Sports. When the Town changed to the Medical Services zoning, it changed this building as well. This building could never be used as a medical office due to the parking restrictions. In fact, it use to be a wholesale produce and the walk-in coolers that are still inside and can be refitted and reused as such with a small retail business that will be open from 10am-3pm. The retail space is approximately 532 square feet. The

3 remaining portion would be for offices, storage, etc pertaining to the wholesale produce business. Architects and site designers will develop parking for the box trucks that will be used. These box trucks usually will be gone by 5:30-6:00am each morning. Steve Shuman noted that this issue came before the zoning subcommittee and they felt this lot should not have been zoned MS and were thinking about rezoning. Dave Munsell had questions on the current septic systems as the water table is only approximately 4 feet. Attorney Lawler pointed out that there is a pool company there now that stores vast amounts of chemicals and a change to fruits and vegetables that has little water use is a tremendous improvement. Crocker Estate, Pilots Way Road Construction Covenants Represented by Attorneys Patrick Butler and Eliza Cox Attorney Butler stated that they are here representing the three remaining children of the Estate of Charles Crocker. The family owns a family homestead on one of the lots. Attorney Butler presented a history of the subdivision that resulted in a covenant for an original definitive subdivision plan from 1973 that has run forward and been noted on the endorsements of two ANR plans. Attorney Cox has meet with Jo Anne Miller Buntich and Steve Seymour to determine how they can meet the terms and conditions of the covenant in regards to upgrading Pilots Way. The 1973 Plan for Charles F. Crocker created Lot 2, Pilots Way and Lot 1 with a little over 2100 acres. Attorney Butler then directed the board to the 1983 re-subdivision where Lot 1 became Lots 3, 4 & 5, Pilots Way stayed the same and Lot 2 was sold. Subsequently, Lots 3 & 4 becomes Lots 6, 7 & 8 and Lot 4 was sold. To the right of Lots 6, 7 & 8 there is a lot in the name of Martin & Grouper which has been subdivided, received historic approval and building permit and is undergoing construction. They claim access over Pilots Way and Attorney Butler believes that they have not. If they did, this would be creating one more lot. He is looking for verification in an informal sense not to develop this road out and is looking for guidance on construction standards. Steve Shuman wished to know what the road is currently and it is believed to be hard packed over a base. Mr. Shuman feels that less is more and if you can achieve safety and maintain the visual character of the roadway that would be good. He wishes to know if we can live with gravel road and should it be reduced to a minimum width for safety reasons. He also indicated that there are lots of paving materials that could be used that are not asphalt, i.e. exposed aggregate concrete looks like gravel and paving stones that are very rural looking. He would like you to take these thought to your engineers and see what they can come up with. Attorney Butler thanked the Members for their time and direction. APPROVAL NOT REQUIRED PLANS HASEOTES The following was read into the record by Patrick Princi Compiled Plan of Land for 293 Long Beach Road, Centerville, MA prepared for Byron & Joyce Haseotes, dated April 21, 2008, scale 1 =20 ; prepared by P.M.P. Associates, LLC, Bridgewater, MA, Assessor s Map 185, Parcel 034. Zoning: Residence D, RPOD. Clocked with the Clerk April 29, days = May 20, Attorney Eliza Cox represented Applicant and asked the Board to endorse this ANR Plan as submitted. They are proposing the creation of a 1 foot wide non-buildable strip noted as Parcel A. The Applicant is contemplating conveying an easement across and over Parcel A. Regardless of owner s intention which case law indicates isn t relevant, this plan does not show a subdivision. Chapter 41, Section 81(p) provides that an ANR endorsement shall not be withheld unless the plan shows a subdivision. In this case, only the house parcel (Lot 34A) is the only lot shown on the Plan and contains 148 feet of frontage on a public way. Parcel A on the plan is clearly denoted as not a separate building lot and since this is not a subdivision, they are asking for the Board s endorsement of the plan. Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse the plan as an ANR Dave Munsell asked Staff to comment and Jackie Etsten stated that this is a bit unusual. The question is do you need to have frontage to meet Zoning requirement and recommends having Legal take a look. It is not an

4 easement, it is creating a separate lot. Attorney Cox noted that it is not considered a lot under Subdivision Control Law it s a nonbuildable lot. Dave Munsell also inquired if this is 2 acre zoning and Ms. Etsten stated that this could be crating a technical zoning violation if they make it a lot and is not an issue that can be addressed in subdivision law. Dave Munsell does not feel comfortable with this and would like advice of Legal. VOTE: AYE: Steve Shuman, Patrick Princi, Felicia Penn NAY: Dave Munsell ABSTAIN: Motion does not pass as a majority of the (complete) Board is required Attorney Butler requested permission to withdraw and re-file. Permission granted. VARGA - The following was read into the record by Patrick Princi Plan of Land in Barnstable (Cotuit), MA to be Filed in Land Court, prepared for William J. & Kimberly A. Varga, dated May 5, 2008, scale 1 = 30 ; prepared by Down Cape Engineering, Inc. Yarmouthport, MA, Assessor s Map 056, Parcel Zoning Residence, F, RPOD. Clocked with the Clerk May 5, days = May 26, Dan Ojula from Down Cape Engineering, Inc. represented Applicant Mr. Ojula explained that his clients asked that he perform a simple perimeter ANR of the Lot. This was registered in Land Court in the Mid 1980 s and applicant requested him to re- endorse this as an ANR. Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse as an ANR. Felicia Penn asked why they are asking for an ANR if it has already been subdivided. Mr. Ojula explained that they are looking for protection from certain rules of the Board of Health. VOTE: AYE: Steve Shuman, Patrick Princi, Felicia Penn NAY: ABSTAIN: Dave Munsell Jackie Etsten indicated that this is a simple perimeter plan Motion duly made by Dave Munsell, seconded by Felicia Penn to re-consider Chairman Princi asked the Board to reconsider Motion duly made by Steve Shuman, seconded by Felicia Penn to endorse as an ANR PUBLIC HEARING Modification of Subdivision #767 A hearing has been scheduled in accordance with Chapter 41, Sections 81A, through 81GG, and all amendments thereto of the General Laws of the Commonwealth of Massachusetts; and the Town of Barnstable Subdivision Rules and Regulations, you are hereby notified of a Public Hearing to consider the Modification of Definitive Subdivision Plan #767 entitled Bonnie Hinckley, Subdivision Plan of Land in (West Barnstable) Barnstable, MA prepared for Penelope Hinckley, dated March 20, 2000, with modifications to said subdivision endorsed July 11, The Plan Modification is entitled, Modification of Definitive Subdivision Plan in (West) Barnstable, MA to be Filed in the Land Court, prepared for Bonnie Hinckley, dated March 20, 2000, revised February 8, 2008 and prepared by Down Cape Engineering, Inc., Yarmouthport, MA. Land shown on the plan is located off Bonnie s Way, and is shown on Assessors Map 157, Parcel 004. The purpose of the plan is to shorten the road and reconfigure the lots of the previously-approved Subdivision #767 Plan. Motion duly made by Felicia Penn, seconded by Dave Munsell to Open the Public Hearing Due to lack of full Board, it is suggested to move the Public Hearing to June 9, 2008 Motion duly made by Dave Munsell, seconded by Felicia Penn to move the Public Hearing to June 9, 2008.

5 CONTINUED JOINT PUBLIC HEARING/SCENIC ROAD ACT, SHADE TREE, MGL Ch 37 Tree Removal DPW Engineering Division School Street, Cotuit Continued from 2/25/08, 3/24/08 and 4/28/08) Full Board Continued Public Hearing in accordance with MGL Ch 40, Section 15C, Designation and Improvement of Scenic Roads, and Article XLI, of the General Ordinances of the Town of Barnstable, Scenic Roads, regarding the removal of seventeen (17) trees within the layout of the designated scenic road identified as School Street. A hearing by the Tree Warden under MGL Ch. 87, Shade Trees will be held simultaneously. The focus area involves roadway reconstruction on School Street, Cotuit, MA. Included in the project is the construction of a 5-foot wide sidewalk along the corridor of School Street. The trees proposed to be removed are adjacent to the following parcels on School Street, Cotuit, MA: Map 020, Parcels 115/003, 058/001, 058/004, 058/003, 058/002, 135, 111, 037 and 038. Map 035, Parcels 020, 022 and 013. The applicant is the Engineering Division of DPW, Town of Barnstable. Motion duly made by Felicia Penn, seconded by Dave Munsell to Open Public Meeting. Roger Parsons, DPW, Projects Manager, Town of Barnstable Based upon site visit, they have modified design plan and reduced road width from 24 to 22 and reduced the sidewalk width from 5 to 4 thereby not imposing on any property owners other than the Town. Charles Genatossio, Tree Warden, Town of Barnstable Due to site visit, he has no objections to the suggestions of the removal of 5 trees. Feels that the shade factor is still good and maintains the community character issues. Felicia Penn recommends that the Board Approve the removal of Tree #1-6 as designated both on the plans and through photos. Steve Shuman seconded. OTHER BUSINESS Approval of February 25, 2008 Minutes postponed to June 9, 2008 Letter of appreciation from Richard P. Ossen acknowledged Letter of thanks from A. Roy Folgelgren acknowledged Motion duly made by Steve Shuman, seconded by Dave Munsell to adjourn. Respectfully submitted, Ellen Swiniarski, Recording Secretary Edited by Marylou Fair