[0:00] 630, this is the Harwich Planning Board, meeting of Tuesday, August 11th, as being held at the Griffin Room in

[0:07] Harwich Town Hall. My name is Duncan Burry. I am the chair of this board, and I declare the meeting

[0:15] open at 631. Since there's nobody in the audience I'm going to forego the call, the recording

[0:23] notice, and invite everybody to do the pledge of allegiance with me.

[0:26] I

[0:30] pledge allegiance to the flag of the United States of America and to the Republic for which it stands,

[0:37] one nation, under God, indivisible with liberty and justice for all.

[0:43] So we have a pretty brisk evening ahead of us, and I'm not, don't intend to rush anything,

[0:51] but it looks like we have a light load.

[0:54] We start with a public hearing.

[0:56] That has been continued from June 9th, June 23rd, July 28th, it is PV number PV-2026-06-246,

[1:08] Queen Anne Road, Realty Trust, owner and trusty Nicholas G Mitchell III through his agent Robert S. Rigo,

[1:15] professional engineer, Riverhawk environmental seeks approval for a site plan or abuse special permit with request for waivers.

[1:21] The proposed project is a new outdoor commercial space of 38,403 square feet for a wholesale

[1:28] landscape and supply yard with eight parking spaces. The site is adjacent to an existing

[1:33] business. The applications pursuant to the code of the town of Parvich section 325-51 and

[1:39] 325-55. A master in a law chapter 48, section 9 and 11. Properties located at 246

[1:46] Queen Anne Road, assessors map 58, parcels K-6-0, with a total square footage of 62,313 feet.

[1:56] Square feet, parcels are located in the Industrial Limited I.L.

[2:01] Zoning District.

[2:02] The applicant has requested that the public meeting be continued to Tuesday, August 25th.

[2:08] And I hear a motion to that effect.

[2:10] We

[2:12] have a motion to continue the application to Tuesday, August 25th, 2026, no earlier than

[2:21] 630 PM.

[2:22] To have a second, we have a motion on a second, any discussion?

[2:27] Hearing none.

[2:28] All in favor?

[2:29] Aye.

[2:29] Any opposed?

[2:30] Motion carries unanimously.

[2:32] Thank you very much.

[2:34] We also have a, in the public meeting section, we have a vote to endorse the modified subdivision

[2:41] plan for PV-2026-08, do our drive, modification of subdivision approved, subdivision

[2:47] decision dated June 23rd, 2026.

[2:50] This has been postponed to a future planning board meeting in the comments.

[2:55] Just we are working with the applicant to cover the performance insurance bond for the road

[3:03] the utility work, and as part of this council ahead, it advised that the planning board

[3:12] also endorsed the modified subdivision plans, which were the stormwater, primarily the

[3:20] stormwater and utility plans.

[3:25] So I'm continuing to work with the applicant on that process.

[3:30] There are a couple of housekeeping matters that we'll also have to address because this was, if you recall, this was a subdivision from 1995.

[3:41] It was an approved subdivision, and because nothing has changed,

[3:48] Council, or rather, the decision was still valid, as determined by Council.

[3:53] and so we will need to release the original covenant agreement from 1995 and when we accept the bond,

[4:08] the insurance, the performance insurance bond for the cost of the road and utility work,

[4:17] We, the board, can vote to accept that.

[4:21] So there are a couple of procedural matters that we'll have to follow.

[4:26] VHB is currently reviewing the cost estimates that the applicant had submitted

[4:32] relative to the road and installation of municipal services.

[4:38] I guess I had a question and I'd put it in my notes specifically for this since the

[4:44] part of the suitors incredibly close is it included in this area? I don't believe so. I believe

[4:50] they're all on septic. Future, but they've already lined quite almost all the Queenian has

[4:57] been opened up for sewer and they're very close to that line. Okay, just give it the age wheel,

[5:06] give us a dispositive statement probably, right? I'm sorry. We'll get a dispositive statement from

[5:13] be in the status of the sewer line at that location, I would imagine.

[5:18] They are so close.

[5:20] Yes, but I don't believe their intention was to sign tie-in to sewer.

[5:25] I believe all of the three homes will be on separate systems.

[5:29] So I'll find out what the requirements are for sewer.

[5:34] Because we put in other covenants, we say,

[5:37] and when sewer goes by, you have to tie-in, right?

[5:40] Okay. Okay. And it's going by now. Okay.

[5:45] Fair enough. Good point to any other comments.

[5:47] Underwork.

[5:51] Then we move on to a planning board re-work.

[5:55] So all this discussion of May of Corporal Maximum here,

[5:59] all this discussion of the charter review process,

[6:04] as highlighted the fact that we exposed to re-work.

[6:06] We're re-organized every year.

[6:08] something that somehow slipped through the great since about 20, 17, 16, so far as I know,

[6:17] I mean, I think we formally reorganized when we lost the former chair. So, so that being said,

[6:24] the reorganization simply evoked for three officers to be represented for the select board.

[6:34] And I did a little thinking,

[6:42] it's been alternated for Vice Chair and Clerk as combined.

[6:47] I noticed in a few of the meeting minutes that I had put that.

[6:55] So if the Board chooses to have a clerk's separate, that will be to the Board.

[7:01] But it was suggested that when we do the votes, that someone make an nomination for each

[7:12] position and that the board vote for each position individually.

[7:17] Okay, it's not for a slate then.

[7:20] Yes.

[7:21] Not for a slate.

[7:22] Let's not tell them what the role of the clerk is.

[7:24] What's that?

[7:25] What's the role of the clerk?

[7:28] I'm not absolutely sure.

[7:30] But I think it's, in case, say if the chair of the Vice Chair is not able to sign a document or a decision, I've had at our last meeting, for example, and was kind enough to step in and vote, but that was also under the authorization of the rest of the board.

[7:50] So, oftentimes, clerks in my previous experience,

[7:55] it's been like a clerk treasure where this body

[7:58] does not have any judiciary responsibilities.

[8:02] I think the clerk could be a person

[8:04] for record-keeping responsibilities.

[8:10] Very good.

[8:12] We have voted this in the last four years.

[8:16] Did we?

[8:20] That's correct.

[8:21] He was vice chair.

[8:22] You're right.

[8:22] I would recommend for the chair, accept nominations for chair, and if there is a second and then have it to either a discussion and then take a vote and then do the same for the vice chair and for the clerk.

[8:48] do we need a discussion? Not a discussion. Yes, need a discussion. Okay. Sometimes there may not be a discussion.

[8:58] I wouldn't know. Any Duncan again because we can't live without him.

[9:03] Do you want it? Well, America was on Donk and so.

[9:05] Can we get the branding right here? I don't know how it would be.

[9:11] So I do what that must be a motion for Duncan.

[9:16] Do we need a second? Yes.

[9:17] Second, here we go.

[9:21] Well, I'm favorite.

[9:23] Hi.

[9:24] Hi.

[9:24] Any opposed?

[9:26] Careful.

[9:29] I would like to nominate Anne Tucker as his chair.

[9:37] Slash, treasure, or what happens when you answer this question?

[9:40] Right, exactly.

[9:42] I do feel good.

[9:44] Do we want to have a clerk as a third alternate?

[9:49] We had an anomaly last week where the chair and the vice chair weren't present, but it's up to the discussion of the board.

[9:58] If we can, if we can a extreme line and then appoint and the event of two people missing one meeting simultaneously,

[10:06] if we can make arrangements in advance.

[10:11] I'm happy to do it.

[10:15] I haven't done it so it's like my turn.

[10:20] Second.

[10:21] Motion in a second.

[10:22] Any further discussion?

[10:25] All in favor?

[10:26] I.

[10:26] Any opposed?

[10:28] Very good?

[10:29] Don't keep sick again.

[10:30] No, I won't keep sick.

[10:31] Don't worry.

[10:32] So that's all.

[10:34] That's the first.

[10:35] Sixty years of films.

[10:38] And so we're not doing a clerk that.

[10:40] So we're going to do a combined vice chair and clerk.

[10:43] very great. With a third position to be on the fly. I apologize my hearings a little

[10:52] off tonight. So I just wanted to double-check. Thank you for the clarification.

[10:58] Our third item of the public meeting is the approval of draft meeting minutes from January 26,

[11:04] 2626, March 24th, 2026, April 14th, 2026, June 23rd, 2026, May 13th, 2025, May 27th, 2025, June 10th, 2025 and July 8th, 2025.

[11:22] So I will say that I understand that and made some comments and corrections to do like six to six of them.

[11:32] I made changes to three.

[11:33] There were scrimmer's errors.

[11:35] You were, were they more than scrimmer's error?

[11:38] I thought they were the common ones.

[11:39] I did a couple of one was the this one

[11:43] that we just hand out that that subject.

[11:46] To work, you know.

[11:47] I don't know, it's mostly was catching numbers.

[11:51] Yeah, I think we all sort of probably caught the same thing.

[11:54] And that may come as I'm hearing the news as well.

[11:56] OK.

[11:56] 25 news.

[11:57] OK, yeah, that's when it, that was really a blast from the past.

[12:01] Oh my god, I was having a flashback.

[12:05] PTSC from some of them, yeah.

[12:08] And then I was just looking, if you can give us

[12:11] what's missing, because we did a couple that had been

[12:15] continued, a couple of really big ones,

[12:17] and then I was like, did we finish on?

[12:20] Right, did.

[12:21] My question was, there was a conclusion of SSH

[12:27] or the Sunday School, was that I didn't see the conclusion.

[12:33] So we're probably still going.

[12:35] Okay, all right, so that was August of last, was it August?

[12:39] I can't remember.

[12:40] It might have been later, no, it was, it concluded in December.

[12:44] It was Christmas.

[12:45] Yeah, we had a fall and maybe, it decided.

[12:47] We had a long delay, I remember.

[12:51] And then there was one I caught about the coding company that we had

[12:56] I had to be genuinely renewed, but then in the notes it said, a two-year renewal.

[13:03] So I'll look into that again.

[13:05] The firearms, I think?

[13:06] Yes.

[13:07] Oh, right.

[13:08] Exactly, yep.

[13:09] So there's supposed to come back to us?

[13:12] They're supposed to come back, and I'll revisit the conditions of the decision.

[13:18] Because there was an issue.

[13:20] This was a unique situation for those of you who may not have been present.

[13:26] They didn't own, they did not own the condiment and the unit that they were leasing.

[13:33] But they were referred to us as a cycline review because it was a new business establishment.

[13:39] and we were advised to move forward with the site plan review and we could also have the option

[13:52] to require the applicant to come back and just check in with us.

[13:57] And I believe it was every two years, but I'll double check the decision.

[14:01] And being notes say one, the decisions said to.

[14:05] I will double track, but whatever the requirement,

[14:09] if it's in the decision, that's what's going to stand.

[14:14] To your point, I will double track that.

[14:16] Over at 18 months or something, but yeah, at that.

[14:20] OK, that was what it stood out.

[14:23] Any other comments on the meeting minutes?

[14:30] May, are we, do you think we should do a one by one vote to approve or should we do a batch approval?

[14:37] You can do a batch approval, but I understand Anne had two sets of meeting minutes that she still wanted to review.

[14:46] But I also want to, all of the edits that Anne, Annie and Duncan had, had submitted.

[14:55] I had we had put into tonight's packet for your review.

[15:00] So for those edits, I'm happy to just honor those edits and just make the edits.

[15:09] To accept them, rather.

[15:10] Did we all do the same?

[15:12] I did, sir.

[15:12] You did.

[15:14] Three.

[15:14] I do the same.

[15:16] So we have, I don't really have to tell you what's missing.

[15:19] Right. I only had comments on three that were, where I saw a typo.

[15:23] Okay.

[15:24] So we're just missing, too.

[15:27] You didn't, you said you had only evaluated sex.

[15:30] We had sent out eight.

[15:33] Can we approve six and what's our list coming up?

[15:37] How many more do we need?

[15:39] We have several, we have at least another eight sets

[15:42] of meeting minutes.

[15:44] So, but which two did, okay, I was doing them one of the

[15:50] time is making notes and sending them.

[15:52] I'm sorry, I did give track of which ones I'm there.

[15:58] So, Mike, and I put it in the note.

[16:01] I

[16:16] think mine were all 20, 25, that it's...

[16:26] This is interesting.

[16:28] Annie said, in Mac, you didn't get the number.

[16:31] I've got the number from Thomas.

[16:33] I didn't get the numbers in any of them on the Mac.

[16:36] So there are nine numbers that help.

[16:39] I mean, you have to do them.

[16:42] Yeah, I can see on the ones, these are yours, right, Anne?

[16:45] I think so.

[16:46] Yeah, there's only the numbers on the first page.

[16:51] Well, so these three, one, we just do all the three that we, we all agreed, we all agreed on.

[16:57] It's 13, 5, 27, 6, 10, and then I think we could add the two that was the annual meeting.

[17:04] So for really, we just open and close the meeting.

[17:07] Right.

[17:09] Is that okay, Christine? What's that?

[17:12] We could also add the open and close of the annual meeting minutes.

[17:16] We did those already.

[17:17] I believe we already adopted those, but I don't have the list in front of me, but for the next meeting I will have an Excel spreadsheet for everyone just so that we're all on the same page of what we've done and how we're moving forward.

[17:34] So it's the conservative thing to approve these three that we all agreed on tonight.

[17:38] May 13th, 27th June 10th.

[17:42] in July 8th, as well.

[17:44] Well, not everybody did July 8th.

[17:46] Not at all.

[17:46] You read it, but I didn't know when to come up.

[17:48] No comment.

[17:49] So let's accept, because I didn't have to go.

[17:50] I didn't have to go.

[17:50] I gave you July 8th.

[17:53] So then we'll just do a batch approval.

[17:55] If that's acceptable, all the 2025 outstanding minutes.

[17:58] OK.

[17:59] All right.

[17:59] It's good.

[18:02] I have a motion to that, in fact.

[18:04] I make a motion that we do a batch approval.

[18:07] We're a four, a five, four.

[18:08] Four.

[18:09] minutes have discussed.

[18:11] May 13th, May 27th, June 10th, July 8th, 2025, was amendments with amendments.

[18:20] Have a motion, may I have a second?

[18:23] Second?

[18:23] We have a second.

[18:25] Any further discussion?

[18:27] On favor?

[18:28] Hi.

[18:29] Any pose?

[18:30] It's anonymous.

[18:31] So we should have eight more.

[18:33] We should have.

[18:35] I'll give it a respect.

[18:37] Yes.

[18:38] Thank you.

[18:40] Very good.

[18:40] So we have an update.

[18:45] Yes, the hazard mitigation plan at the end of July.

[18:49] I'm happy to announce that FEMA did approve the hazard

[18:53] mitigation plan.

[18:55] And so it will be before the select board for final approval

[18:59] in adoption on August 24th.

[19:03] their meeting. And so we will have that. As a final approval, the hazard mitigation plan

[19:13] has, you know, has been really critical for our community reading system participation

[19:17] in the National Flood Insurance Program as well as positioning the town. As we apply for

[19:28] state and federal grants, so it's been a great document and again I can't speak enough about

[19:35] the Cape Cod Commission in their resources, but also the hazard mitigation planning team.

[19:42] So I really would not have been able to finish the document without the support of other

[19:48] town hall staff and the other volunteers.

[19:51] And this was a really great collaborative effort, and it's very exciting for the

[19:57] to be completed, so I'm very, very happy.

[19:59] Well, our hats off to you, and especially knowing that we've gone through local

[20:03] comprehensive plan, the hazard mitigation plan, and the opens, yeah, this has been a busy

[20:11] production.

[20:13] A busy time.

[20:15] We're catching up on like 15 years worth of work.

[20:17] Thank you for what you're doing here.

[20:19] Absolutely.

[20:19] My pleasure.

[20:20] Yeah.

[20:20] I really appreciate it.

[20:24] Any new business or old business before the board?

[20:26] Can we put the KPK EP Law opinion on the next meeting?

[20:34] Yes, and I also, I think I may have mentioned in the email that KP Law is working on a presentation,

[20:43] and I believe there will be doing either webinars or in-person training meeting, information sessions for board members.

[20:52] So I am working with the zoning compliance officer

[20:56] that if there is an opportunity to maybe

[21:00] do a joint meeting with the ZBA and the planning board

[21:03] to have KP come down in person,

[21:06] but keep in mind that KP also serves over 70 other municipalities,

[21:12] so they may be doing some webinars.

[21:15] And if, however, whatever the case may be,

[21:18] I will be sure to inform the board

[21:20] and to make sure that everyone has an opportunity to participate in that process.

[21:26] To Anne's point, I think it's very important to make sure that we have this information available to the public.

[21:34] Are we specifically 40A?

[21:36] Correct.

[21:39] So we need to put it on our next agenda to be able to discuss the district correct?

[21:43] Yes.

[21:44] And you gave us a summary.

[21:47] So we won't go from there.

[21:49] Okay. Great. Thank you.

[21:54] Anything else?

[21:56] We did receive a letter of public correspondence.

[22:00] It's actually the division of fisheries and wildlife.

[22:04] It's relative to a public comment period on their priority habitat.

[22:11] Map and the letter is enclosed in your packet.

[22:16] So if any members of the board would like to comment,

[22:20] You have time to do so between now and October 4th.

[22:26] Can we see the map where?

[22:28] It's on there, the link.

[22:30] Thank that.

[22:35] Yes. In the natural heritage and endangered species program, I believe some of you may be familiar with, does dictate certain corridors for habitat and no development or restricting some development within those priority habitat areas that have been identified by the state.

[22:58] We're interested in to see what the overlap between forty-eight comments and fisheries in wildlife.

[23:09] I'm interested in what that venn diagram looks like.

[23:18] Any other comments?

[23:20] I'd like to hear from the public.

[23:21] Thank you very much for attending.

[23:24] Who do you want?

[23:26] I'm trying to keep it down next time.

[23:27] Yeah, exactly.

[23:28] Well, I thank everybody for attending this evening and certainly if we have no other business would entertain in motion to adjourn.

[23:37] Motion is to adjourn at 654 on favor.

[23:42] Aye.

[23:43] So moved. So passed.

[23:45] Sorry, thank you.

[23:46] That was a...

Planning Board August 11 2026

Transcript