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Date: October 27, 2005
Time: 7:00 PM
Attendees: Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, Sibel Asanturgul, Bruce Drucker, Vern Jacob, Charles Amsler, and Christine Bates, Committee Secretary.
Chair Pontbriand called the meeting to order at 7:00 pm.
Public Hearings:
7:00 05-38 John S. Kelley, Trustee, Sarett Lane Realty Trust, Sarett Lane, Map 42, Parcel 87.4: Application for a Special Permit under WZB 6.11: Convert existing cottages to condominium form of ownership. The Board consisted of Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Sibel Asantrugul. William Hammatt, Attorney and Chet Lay of Slade Associates represented the applicant. Attorney Hammatt stated there are 5 entrances into the property (4 which he referred to as spur roads). They will be fenced off with access from Surrett Lane. Abutter Jon Badams expressed concern about shutting down one of the entrances because he utilizes it. Attorney Hammatt supplied letters from tenants supporting they are
year round dwellings. A letter from Kathleen O’Donnell of Town Counsel dated October 26, 2005was read for the record with her concerns regarding the Master Deed. A letter from Lezli Rowell of the Board of Health dated October 20, 2005 was read into the record with suggested conditions and changes to the Master Deed. The Planning Board supplied a letter dated October 6, 2005 referencing their recommendations regarding the driveways, confirmation of year-round status and language of the Master Deed. Christopher Boden of Serena’s stated he has no objection to the project as long as the one access is blocked off (which Dr. Kelley had already done with fencing). The applicant and the abutters agreed to have a meeting to determine what spur roads would remain open or blocked off. Hammatt pointed out the septic system is shared by the owners. Hammatt will rewrite the Master Deed to reflect concerns regarding the septic, exclusive
use areas as well as common use areas. Stewart questioned the legality of the year-round use and asked if there were anything in the deed to reflect the usage. Paul Murphy, Building Inspector, stated the creation of seasonal condominiums would be restricted in the deed. If no language is in the deed or title, the units could be used year round. Dr. Kelley stated the cottages have been year round since 1999 when he installed legal heat to each unit and can provide gas bills to verify. Stewart requested Attorney Hammatt provide a letter with an agreement between abutters and owners regarding access roads, the Master Deed revised reflecting Board of Health, Town Counsel and Planning Board recommendations, current square footage of each cottage, lot coverage and how much each condo could be expanded to reach 15% lot coverage. Trevor Pontbriand moved to continue to December 15, 2005; seconded by Robert Hankey; passed 5-0.
7:40 05-25 James and Carol Kenney, 1937 State Highway, Map 29, Parcel 269A: Application for a Special Permit under #WZB 6.1.1: Alteration or extension of cottage: Enlarge existing sun room by 4 feet in length and 2 feet in width. The applicant sent an e-mail dated 10/20/05 requesting a continuation to July 27, 2006 in order for him to communicate with the Condo Association and owners of Brownies Cottages regarding expansions. Jeffrey Stewart moved to continue to July 27, 2006; seconded by Trevor Pontbriand; passed 5-0.
7:45 05-40 Nicholas Watkins for Tony and Seymour Curdie, Owners, 210 Chequessett Neck Road, Map 14, Parcel 82: WZB 6.1: Add dormer for new bathroom. The Board for this hearing was Trevor Pontbriand, Jeffrey Stewart, Robert Hankey, William Nicholson, and Sibel Asantugrul. Nicholas Watkins represented the applicant. He explained the proposed dormer would be eight feet wide in the middle of the roof facing southeast within the existing roofline. A letter dated October 20, 2005 from abutters Linda and Robert Pignatelli stated they had no objection to the project. Abutter Chet Stagg owns both properties on either side of the proposed project and stated he feels the buildings are too close together and the dormer window would allow the owners to
have a view into their bedroom. There was discussion regarding the option of utilizing a sky light or change the height of the windows of the dormer. Pontbriand requested Watkins to provide new drawings and condominium rules and regulations regarding changes to the condos. Pontbriand moved to continue to December 8, 2005; seconded by Robert Hankey; passed 5-0.
7:55 05-39 Cape Cod Five Cents Savings Bank, 345 Main Street, Map 14, Parcels 172 and 173: Application for a Special Permit and/or Variance under 8.4.2: Drive-Up teller window (continued from October 13, 2005). The Board remained the same. Attorney Harry Terkanian represented the applicant. Terkanian gave an overview of the revised plans distributed to the Board which included a new driveway by the proposed teller station with a canopy over the lane, a shortened island, the escape or emergency lane widened by grading with stones and grass, as well as parking changes. The 335 Main Street Committee proposed a total of 15 parking spaces on the revised plan which would include the banking needs as well as the needs of 335 Main Street.
Terkanian emphasized the bank only required 7 or 8 parking spaces. No curb cut has been filed as yet and the Conservation Commission needs to review the plan. He stated the bank proposed minimal lighting in the parking area to assist their employees when they are leaving work. Pontbriand questioned the height of the retaining wall; Terkanian stated the abutters would not see the wall.
Elaine LaChappell of the 335 Main Street Committee stated the revised plans show the parking spaces proposed for the 335 location. Both Pontbriand and Asantugrul expressed concern regarding the increased parking. Discussion then included the need for the drive thru and the desire to keep Main Street as it is. Charlie Amsler stated he has a concern with the parking as well, and feels the majority of people would like the appearance to remain “small town”. Chet Lay of Slade Associates stated the bank had previously tried to purchase property in town to provide a drive thru with the exit going on Holbrook which was not approved. The bank feels the drive thru will eliminate some of the parking on Main Street, and feel it is a necessity to have the drive thru in order to remain
competitive. LaChappell stated the additional parking spaces on the plan are for future stores and/ or businesses which might utilize the 335 Main Street property. Asanturgul stated she has a concern about the entrance road to the teller location in that it might be difficult to maneuver; however, she stated she wants the bank to remain on Main Street. Terkanian stated the bank has met with the abutters to discuss the plans. Abutter Kelly Chapman had expressed concern regarding drainage and the security and safety with the additional parking.
Bruce Drucker questioned if the ZBA was being asked to approve a concept, or work in progress. Terkanian stated the Town Administrator had hoped permits could be in place prior to the fall meeting.
He stated they still need to go before the Conservation Commission and Board of Health regarding the septic. Dan Silverman, Interim Fire Chief, stated the town is selling a portion of the property to the bank and will be getting something in return. It will a) be a certainty the bank will remain in town, it will give the town the ability to negotiate the purchase of property on Route 6 for a public safety facility, and it solves a number of different needs at one time. The bank needs assurance they will be able to have the drive thru.
Stewart suggested the bank come back to the Board with just the bank plans. He requested the bank go before the other boards for approvals before the ZBA could take a vote. Amsler expressed the same, and added the ZBA does not have enough information on all the other projects. Stewart stated the ZBA needs to focus on the bank application at this time. Vern Jacob requested we receive a letter from the Chief of Police and Chief of the Fire Department regarding the safety issues on Main Street. Drucker stated the 335 Main Street Committee would have to come to the ZBA with their individual application.
Pontbriand moved to continue the case to December 8, 2005; seconded by Bruce Drucker; passed 5-0.
Trevor Pontbriand stated the Board requires a replacement for Peter Watts as a permanent member on the
Board. Trevor Pontbriand moved to nominate Sibel Asantugrul as the permanent member; seconded by Robert Hankey; passed 7-0. The Board needs an additional alternate.
Jeffrey Stewart moved to adjourn the meeting at 9:10 pm; seconded by Trevor Pontbriand; passed ; 8-0.
Respectfully submitted,
Christine A. Bates
Committee Secretary
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