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 .
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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.
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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.
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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 .
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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
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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 .
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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
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2 . Local Comprehensive Plan
3 . Conservation, Recreation and Open Space Plan.
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Adjournment.