1/24/12 Planning Board Meeting

1/24/12 Planning Board Meeting

Postby Mary Wright » Thu Mar 08, 2012 10:29 pm


A meeting of the Planning Board was held on Tuesday, January 24, 2012. Mr. Marks called the meeting to order at 7:03 PM and announced that the meeting is being recorded and will be available on cable and on the website.

PRESENT: Ernest Marks (Chairman), Mark Mungeam, Derek Brown, Eben Chesebrough, Robert Werme Jr., Michael Zwicker, Tracy Sharkey (arrived 7:13 PM), Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent).

Mr. Cundiff gave an overview of the project. Four years ago, Northbridge, Sutton and Douglas obtained a grant and designated some property as priority development sites (43D grant). There are incentives for those properties to be considered for the fast track for economic development. Guerriere & Halnon, Inc. want a permit in hand to make a subdivision road from Gilboa Street to Main Street in Sutton before the deadline of the end of the fiscal year.
Mr. Michael Weaver from Guerriere & Halnon, Inc. is representing the towns of Northbridge, Douglas and Sutton. The bounds of the project that will go before the Planning Board are the road and the redefining of the existing property lines based upon the right-of-way going through it. Mr. Weaver described the project in detail. In Douglas, seven parcels will be created out of the original five parcels abutting the roadway. The road is 6600 feet long. No wetlands are being disturbed. The high point of the roadway is 100’ within the Douglas town line so that drain water remains in its respective town. Sewer is also split at that point. They will install utilities. They are adding water and sewer connections for future development. There are two storm water detention basins planned which are designed in excess capacity to capture, hold, treat and store a 100-year runoff for the site.
Mr. Zwicker asked if the buildings that would go into the development would have their own drainage systems. Mr. Weaver answered questions regarding earth removal operations and vegetative lines.
The proposed entrance is straight across from Old Lackey Dam Road. Mr. Mungeam asked if a traffic light is planned for the intersection of Gilboa Street and if the sight lines are adequate. Mr. Weaver said that there is no traffic light planned at this time. As far as sight lines, there are 450’ heading to the east and 450’ to the west. Additional grading was done to be sure there were proper sight lines. Mr. Zwicker asked if a traffic light could be put aside. Mr. Cundiff is in the process of a review of that intersection and whether or not a traffic light is warranted and whether or not Gilboa Street will need to be widened. Mr. Marks asked if Mr. Weaver could add streetlights. Mr. Weaver will verify that there is granite curbing.
Mr. Zisk mentioned that he spoke with Mr. Bob Sullivan who stated that there is a sewer pump station that would have to be upgraded. Mr. Weaver explained plans for proposed water and sewer lines in more detail.
Mr. Zisk said that they are asking for a waiver to do test kits 3’ under the roadway every 100’ for ground water. The Planning Board usually grants the waiver, but in the past the Board has seen the plans for the design of the underdrains.
Mr. Cundiff explained that Mr. Weaver is currently before the Sutton and Northbridge Planning Boards. The next step would be for the towns to jointly file for a grant to begin construction. Mr. Cundiff asked that if the Board is considering additional improvements, to reference those improvements in their decision so as to include them in the grant application.
Mr. Mike Dicaro from Gilboa Properties stated that he had spoken with Craig Blaise of the WBBC who said that if he bought the mill, WBBC would bring a gas line into Douglas. Mr. Dicaro does not see any gas lines in the plans. Mr. Weaver said he could add gas lines if the town wants it.
Mr. John Frost of 109 North Street inquired as to the timeline of this project. Mr. Cundiff explained that the timeline is driven by the landowner’s excavation of a large mound of dirt opposite Dunkin Donuts, and it is thought that that excavation would not happen for some years. Mr. Frost would like to meet with someone regarding where his property would abut.
Mr. Scott Campo, 108 Gilboa Street asked if the two right-of-ways are going through his property. Mr. Cundiff explained that this road would be on the right, across from Old Lackey Dam Road, and not on the left where his property lies.
Mr. Joshua Bressan, 100 Gilboa Street feels that with this new road, the area near the Shell Station and Dunkin Donuts would be a very congested area. He suggested widening the road and installing a traffic light. Mr. Albert Bressan, 100 Gilboa Street restated these concerns, and is worried by the number of cars that speed over that hill and pull out of Dunkin Donuts in that area. He also supports widening the mouth of the intersection and the installation of a light, which would make the area safer and more livable. Mr. Weaver stated that once the hill is gone, the sightlines would be greatly improved.
Mr. Albert Bressan is also concerned about the cost to taxpayers if they are to tie in to sewer lines and gas lines. Mr. Cundiff stated that if there were to be a capital outlay, it would go to Town Meeting. The plan at this time is to try to get fully funded through state grants.
Mr. Weaver stated that this project has been continued in Sutton until March 5, 2012.
Mr. Mungeam made a motion to continue the public hearing for Application for a Definitive Subdivision Plan of Land “West Side Connector Road” to 7:15 PM on March 13, 2012. Mr. Brown seconded the motion. Vote – Unanimous.

Mr. Mike Yerka of Civil Site Engineering joined the meeting. The owner of 106 West Street (Alpha Circle) wishes it to be a private way with one house on it for use as a driveway, with the idea that if anyone wants to further develop it, it would have to be a full-blown subdivision road. The owner is asking for all waivers and one house lot. There are 90’ of frontage and 15 acres. Mr. Cundiff asked if there were a note on the plan that says it is limited to one lot. Mr. Yerka will add that note. A new covenant will be filed with the registry. Ms. Reynolds verified that Alpha Circle would be a private way, not a driveway.
The Board decided by consensus to move forward. Vote – Unanimous.

Mr. Michael Weaver from Guerriere & Halnon, Inc. representing the applicant, Pyne Sand & Stone, joined the meeting. He reviewed his responses to questions raised at the last Planning Board meeting. Mr. Weaver compared the proposed building project to existing farms in the area: Foppema’s Farm in Northbridge and Kelly’s Farm in Upton. Area wise, the proposed site is comparable to Kelly’s, operational size square footage is smaller than the other two farms.
Mr. Weaver went over the letter dated January 24, 2012 and addressed the Board’s concerns. Mr. Weaver could not find specific information from Mass DOT on traffic in that area.
Mr. Zwicker stated that abutters were worried about having a large hole in their backyards. He asked if a natural buffer zone and fence, such as blue spruce, could be made. Mr. Pyne said that that was a reasonable request.
Ms. Sharkey asked how the bonding worked on this type of project. Mr. Cundiff replied that the applicant would provide an estimated cost of materials to restore the site, which would be reviewed and that value used for the bonding, limited to restoration of the site. Mr. Weaver stated that the application that was submitted included a $15,000 bond for the restoration of the site.
Mr. Mungeam asked if there were going to be a container for the storage of chemicals. Mr. Weaver replied that there would be and referred the Board to his memo dated January 10, 2012 outlining the types of chemicals and storage containers to be used.
Mr. Marks stated that the Board received a letter from Jay Talerman, Town Counsel, just tonight. Mr. Adam Costa, Town Counsel clarified Mr. Talerman’s memo regarding the100’ buffer requirement and whether or not agricultural use is allowed on this parcel. The opinion of Town Counsel is there is concern that there is an existing house on the property. The Board should condition that these properties be combined and used for one purpose, but the town by-laws allow only one principal use. Mr. Costa is not sure that this combining can happen from a zoning perspective.
Mr. Henry Lane of Lane and Hammer requested the Board to close the hearing on the water resources permit.
Mr. Weaver stated that at the last meeting, he submitted a letter that went through everything in the special permit water resources protection overlay district permit, noting what they were complying with and what they needed a permit for.
Mr. Cundiff added that an aquifer permit was filed a few years back and did not receive super majority that was required for a special permit. It was appealed; the court remanded this permit back to the Planning Board after a new well was installed. Mr. Cundiff wondered if this permit application still applied. Mr. Weaver believes a new application was submitted.
Ms. Reynolds asked if the use of the property needed to be determined to grant the aquifer permit. Mr. Costa replied that if the Board decides the use is in harmony with the purpose and intent of the zoning bylaw, and if there are other violations that the Board is aware of, they can deny the water resources protection permit. A discussion continued as to the allowable use of the parcels.
Mr. Lane replied that if multi-purpose principal use is a problem, the house can be carved off as a separate lot and there will still be more than five acres available for the project. Mr. Costa replied that if that can be done, that would be fine, however his preference would be to see that plan before any approval is granted.
Ms. Sharkey clarified that the Board is being asked to close the public hearing based on all requirements for the water resources protection overlay district being met and the determination is being made that the project’s principal use is agricultural.
Mr. Chesebrough would like to continue to the next meeting, barring any new information with the full intent of addressing the question of closing.
Mr. Andrew Smith of 21 Monroe Street asked Mr. Pyne if the deed for the 6.3 acres would be in his name. Mr. Lane explained that Coopertown Realty Trust and Mr. Fitzpatrick would own the property and Mr. Pyne would do the site work. Mr. Pyne will not build the building.
Mr. Smith then asked Mr. Lane if it were true that the Coopertown property in Uxbridge is in foreclosure. Mr. Lane is not aware of this.
Mr. Jeremy Flansburg of 63 Monroe Street feels that there is not enough farming planned on this site to qualify for agricultural use. He feels that it is strictly for business use.
Mr. Chesebrough made a motion to continue the public hearing for Coopertown Realty Trust Application for an Aquifer Protection Special Permit and Application for an Earth Removal Special Permit, 34 & 36 Davis Street to the next Planning Board Meeting on February 14, 2012 at 7:05 PM. Mr. Greco seconded the motion. Vote - Unanimous.

1. Vouchers were signed.
2. A Site Plan Review Permit was presented for signing for 9 Brookline Terrace, Douglas Solar, LLC. The applicants are in agreement with the conditions. Regarding item #25, it was suggested it read, “Prior to the commencement of any activity associated with the approved project, a surety for decommissioning of the solar panels in the amount of $35,000.00 shall be posted and approved by the Planning Board.” Mr. Ed Liston of DG Clean Power agreed to amend that line.
3. A Scenic Road Permit for Joan M. Larson, 42 Oak Street, Map 132, Parcel 1.1, Douglas, MA was signed.
4. A memo from Mr. Michael Guzinski, Town Administrator regarding assistance from Town Counsel was reviewed.
5. A January 23, 2012 Draft of the “Douglas Planning Board” was reviewed for the 2011 Annual Town Report.

9:42 PM MINUTES: January 10, 2012
Mr. Chesebrough made a motion to approve the minutes of the January 10, 2012 Planning Board Meeting as amended. Mr. Mungeam seconded the motion. Vote -Unanimous.

Ms. Sharkey made a motion to adjourn the meeting at 10:03 PM. Mr. Mungeam seconded the motion. Vote - unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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