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HomeMy Public PortalAboutPB Minutes 1994-03-22 PLANNING BOARD 3/22/94 MINUTES PRESENT: Richard Philbrick, Chair; Alan Conklin, Vice Chair; Tom Yonce, Clerk; Stan Hart; Paul Halkiotis, Town Planner; Janet Albahari, Secretary. ABSENT: Nick Muto Richard Philbrick called the meeting to order at 7 : 12 PM Approval of Minutes: MOTION: Stan Hart moved to approve the minutes of 3/1/94 . Alan Conklin seconded the motion. VOTE: 4-0-0, unanimous . MOTION: Stan Hart moved to approve the minutes of 3/8/94 . Alan Conklin seconded the motion. VOTE: 4-0-0, unanimous . *********************************************************** Public Hearing for the Definitive Plan prepared for John O. and Jessica Tovrov for property located on Mill Pond Road and High Ridge Road. The Clerk read the ad which appeared in both the 3/4/94 and 3/11/94 issues of The Cape Codder. This plan is shown on Assessor' s Map 29, and it shows lots 75, 76, 77, 78, 79, 80, 81, 82, and 83 . Mill Pond Road is a town road, and is in existence. High Ridge Road is a paper road - not constructed. Blue Rock Road, which abuts lots 77 and 78, is also a paper road, not constructed. It is believed that all 9 lots are preexisting nonconforming and may or may not be buildable. The nine lots mentioned above were created in 1925, prior to the existence of a planning board. The applicant proposes to create 3 nonconforming lots from lots 75 - 83 . The applicant seeks a waiver of constructing a road along the north bound of Lot A which contains 42, 000 sq. ft. of upland. The applicant will seek to construct a driveway on to Lot A from the 36 ' of existing frontage along Mill Pond Road. Lot B has 42, 000 sq. ft. of upland and 150 ' of frontage along Mill Pond Road. Lot C has 45, 000 sq. ft. of upland. The applicant seeks to create frontage along the southern corner of the lot where High Ridge Road, a paper road, is laid out. A 12 ' wide gravel road is proposed to serve Lot C. 2 The Planning Board Clerk read correspondence regarding this plan. This included memos from: 1 . Chuck Medchill, Water Department, dated 3/11/94; 2 . Chuck Medchill, Water Department, dated 3/15/94; 3 . Robert Canning, Board of Health, dated 3/21/94; 4 . Sandy Macfarlane, Conservation Commission, dated 3/22/94; 5 . Arch Johnston, resident, 3 Blue Rock Road, dated 3/14/94 . And letters from: 1 . Steve Edwards, Orleans Fire and Rescue, dated 3/22/94 2 . Robert Royce, Mill Pond Preservation Association, dated 3/19/94; 3 . Arch Johnston, Resident, 3 Blue Rock Road, dated 3/14/94 . Surveyor Peter Soule, representing the applicant, submitted drainage calculations for Blue Rock Road and High Ridge Road. These calculations were done by Engineer John M, O'Reilly, Bennet O'Reilly, Inc. These calculations are attached to a memo from Mr. O'Reilly, dated 3/21/94 . The applicant requests waivers of the following items of the Planning Board' s Rules and Regulations : 1 . Environmental Analysis (192-2, E, 3) 2 . Dead End Street (192-3, D, 3) (Regarding access for Lot C. ) In addition, the applicant proposes the following: 1 . The proposed center line radius of 60 ft. and horizontal sight distance of 60 ft. is more than adequate for a driveway accessing one parcel (Lot C) . 2 . The proposed maximum grade of 12% for a driveway is not excessive. Existing maximum grade is 17% which will be improved to 12% by filling as shown on "Plan and Profile" Dated 2/4/94, revised 3/15/94 . 3 . Town water is directly available to Lots A and B from the water main on the north side of Mill Pond Road. In regards to water service for Lot C, no main exists on Blue Rock Road. A service can be provided via an easement over the easterly side of Lot B. Services would be installed at the time for building construction on each lot. Abutters Robert Gibson and Arch Johnston both spoke in favor of expunging the non-existent roads; Blue Rock Road from Lot 77 to Lot 65 and High Ridge Road from Lot 78 to lot 82 . These abutters were informed that expunging private roads was beyond the scope of the Planning Board. After considerable discussion, the following motion was made. 3 MOTION: Tom Yonce moved to continue the Public Hearing for John and Jessica Tovrov for property located on Mill Pond Road and High Ridge Road until April 12, 1994 at 7 : 50 PM, in order to consider the following: 1 . the waiver requests; 2 . retaining a consulting engineer regarding the drainage of the proposed way; 3 . whether to accept the proposed fence or any alternative; 4 . the Fire Department' s concern regarding the turn around area; 5 . changing the angle of the proposed access to Lot C. Stan Hart seconded the motion. VOTE: 4-0-0, unanimous . ********************************************************** Public hearing for a Definitive Plan prepared for John O. Tovrov for property located on Blue Rock Road, shown on Assessor' s Map 29, Parcel 2382-1, dated 2/17/94. The Clerk read the legal ad for this property which appeared in both the 3/4/94 and 3/11/94 issues of The Cape Codder. On this plan, the applicant proposes to combine two pre-existing non-conforming lots into one conforming lot. Access to the lot will be via Blue Rock Road, which is laid out, but not constructed. The applicant is proposing a 12 ' wide gravel roadway with a leaching gutter system to access the property (as shown on the Plan and Profile prepared for John O. Tovrov, dated 2/4/94, revised 3/15/94) . The applicant requests a waiver from the requirement of constructing the roadway for the full length of the frontage. On the northern border of these lots is Duck Pond, which is surrounded by a woodland resource area. A ditch runs adjacent to the proposed parcel from Duck Pond to Little Cove. The Parcel contains a coastal bank and abuts the conservancy district. The Clerk read the correspondence which pertains to this plan. This included memos from: 1 . Charles Medchill, Water Superintendent, dated 3/11/94; 2 . Arch Johnston, 3 Blue Rock Road, dated 3/14/94; 3 . Charles Medchill, Water Superintendent, dated 3/15/94; 4 . Bob Canning, Board of Health, dated 3/21/94; 5 . Sandy Macfarlane, Conservation Agent, dated 3/22/94 . And letters from: 1 . Arch Johnston, resident, 3 Blue Rock Road, dated 3/14/94; 2 . Robert Royce, Mill Pond Preservation Association, Inc, dated 4 3/19/94; 3 . Steve Edwards, Fire Department and Rescue Squad, dated 3/22/94 . Paul Halkiotis suggested that the Board retain an outside private civil engineer to review the above-mentioned Plan and Profile and the drainage calculations which were accompanied by a letter addressed to Peter Soule from Bennet O'Reilly, Inc. , dated 3/21/94 . The applicant requests waivers of the following items of the Planning Board' s Rules and Regulations : 1 . Environmental Analysis (192-2, E, 3) 2 . Dead End Street (192-3, D, 3) (Regarding access for Lot C. ) The applicant also noted the following regarding town water: The existing water main is over 750 ' from subject lot; therefore, not deemed to be available. After considerable discussion, the following motion was made: MOTION: Alan Conklin moved to continue this public hearing until 7 : 15 PM on 4/26/94 in order to review the following outstanding issues : 1 . the review of the proposed drainage design by a civil engineer; 2 . the waiver requests; 3 . the concerns of the Fire Department; 4 . the concerns of the Board of Health; 5 . the showing of proposed underground utilities . Tom Yonce seconded the motion. VOTE 4-0-0, unanimous . ************************************************************ ANR Plan prepared for Frank and Linda Garofalo, Samoset Road and Old Duck Hole Road. Larry Wilcox, Ryder and Wilcox, presented this plan to the Board. This Plan proposed to combine Lots 23 and 23a. This is a reconfiguration of a preexisting nonconforming lot. The Town Planner recommended approval. MOTION: Tom Yonce moved to approve the ANR Plan entitled: Plan of Land in East Orleans, MA, prepared for Frank J. Garofalo and Linda M. Garofalo, Scale 1" = 30 ' , February 28, 1994, prepared by Ryder and Wilcox. Alan Conklin seconded the motion. VOTE: 4-0-0, unanimous . anner' s Report The Planner' s Report included updates on the following projects : 1 . Mass Releaf Grant 5 2 . Local Comprehensive Plan 3 . Conservation, Recreation and Open Space Plan. ***************************************************************** Adjournment.