02/15/2012 PLANNING BOARD Minutes

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r f Chairman Waygan read for the record the request. Attorney Mike Ford represented Cape Cod Cooperative Bank, the owner of the property. The Planning Board had initially reviewed the preliminary plan before it had been referred to the Cape Cod Commission. The plan was referred to the Commission because the lot included over 48 acres and any division created a development of regional impact requh`ing review. when the Planning Board reviewed the plans, some suggestions were made, such as a waiver received for the length of the road which exceeded the subdivision regulations and was agreed to by the FireDepartment- Mr. Ford stated that a detailed decision had been received from the Cape Cod Corn Fission, requiring an approval from the Planning Board, and noted that they were hound by the conditions set by the Commission. Mr. Ford stated that the plans had not changed substantially since it was last reviewed by the Board. Open space for the lot would total approximately 26 acres. The Cape Cod Commission required that the open space be subject to a permanent conservation restriction nmning in favor of the Nlshpee Conservation Commission or other qualified conservation holder in order to remain open space in perpetuity. Access to the open space parcel would be required in case of an emergency and Mr. Ford suggested an easement that would run on either side of the common boundary 1 ine of the two lots abutting the parcel at the end or to dedicate a portion of one of the lots�xaking it part of the open space. Mr. Ford indicated that he was in receipt of comments from Mr. Rowley regarding the preliminary plan. Nor. Ford respectfully disagreed with Mr. o ley's suggestion that Lot 1 did not meet the minimum required lot size. Mr. Ford reviewed Section 1' -11 of the Zoning Bylaw and stated that, as long as the new lot did not extend more than 3 o feet into the commercial zone and met the minimum lot size requirement, it-was considered buildable. Mr.fud la agreed, noting that the lot needed to 'Meet the 40,000 square foot frontage requirement. Mr. Fudala stated that, because the majority of the lot was industrial, the entire lot would be treated as industrial and met the test of the Bylaw. regarding access-to the open space lot, llrir. Fudala recommended using a strip of a lot so that it would appear on the Assessor's map and be evident to all parties. Mr. Ford indicated that he would share the information with his client and address the.issue in the definitive plan. Nir. Fudala suggested making the access no more than 20 feet wide so as to avoid the possibility of it becoming buildable tut. regarding the prior plan review in December 2010 and the goo foot road length, it was agreed that a waiver had been approved with the receipt of a Fire Department memo. Nor. Ford referenced the center line curves of the ul-de-sac, with flat sections on either side, W-A that it did not technically meet the standards of cube-sac. Mr. Ford explained that they would likely meet the 100 foot radius requirement if the area was more rounded., but noted that the straight lines were needed in order to meet the linear frontage requirements for the back lots_ Mr. Ford stated that the cul-de-sac would need to be much larger in order to meet the 100 foot radius, clearing more land, and suggested the possibility of requesting a waiver instead. Nor. Rowley stated his concerns, noting that the Fire Department needed to confirm that the radius was satisfactory for their purposes and that a tractor-trailer also be capable of u it ng the road and that adding 20 feet for ass to the open space would reduce the frontage on the lots on thecul-de-sac. Mr. Ford indicated that he would consult with the Fire Department should he wish to pursue a waiver. 2