2/28/12 Planning Board Meeting

2/28/12 Planning Board Meeting

Postby Mary Wright » Wed Mar 28, 2012 5:59 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, FEBRUARY 28, 2012

A meeting of the Planning Board was held on Tuesday, February 28, 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.

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

7:05 PM DISCUSSION
1. “Draft” Aquifer Protection & Earth Removal Special Permit Decisions: 34 & 36 Davis Street:
Mr. Zisk discussed the changes he incorporated into Draft #2. The Board has 90 days to make a decision at the close of the public hearing. Jay Talerman, Town Counsel, is reviewing it and will make comments before now and March 13, 2012. Mr. Zisk presented changes suggested by Ms. Sharkey and Mr. Chesebrough and asked that any further comments be sent to him. Mr. Marks plans to act on this at the next meeting.
Mr. Brown is concerned with the word “intent” on the permit. He is wondering, should there be a breach of promise, is there a way to put a bond on the intent? Mr. Cundiff said you could try to put conditions in the decision, but it could be overturned easily. He suggests relying on the regulations as much as possible. Mr. Chesebrough stated that this topic could be put on the agenda tonight for general discussion on the zoning map. A question to be asked of Town Counsel may be, can the Planning Board put in the zoning bylaw a requirement of good faith at the Board’s discretion. Mr. Brown would like to see this topic on the agenda at some time.

2. Douglas Solar: 9 Brookline Terrace: Bonding
Mr. Zisk stated that there has been no response to the abutter letter. This is the last condition waiting to be complied with, and he is not sure where they stand with National Grid. He asked if the Board would want to approve the letter tonight or have Town Counsel review it and wait for the next meeting. Mr. Chesebrough does not want to act at this time. His is not sure what a Commitment Bond is. He would like to hear from Town Counsel. Ms. Sharkey stated that it can’t be released until the other person releases the surety. This topic will be brought up at the next meeting.

3. Gary Vecchione: Request for release of Earth Removal Bond located on South Street.
Mr. Vecchione joined the meeting. He requested the release of cash bond in the amount of $14,152.30. It was placed on a previous gravel pit on South Street in 1995. The bond was placed by John Taylor. John Taylor does not own the land anymore. The land has been graded and seeded and it is stable. He asked for the release of funds to himself or to Mr. Taylor.
Ms. Sharkey asked if Mr. Zisk had checked the site to see if it had been restored. Mr. Zisk has not been out there. Ms. Sharkey stated that typically to release a bond, the person whose name is on the bond needs to request it. Mr. Cundiff stated that historically, an inspection is done to see if the site had been adequately restored. This situation is not typical. The agreement is not with the Planning Board, it is between Mr. Taylor and Mr. Vecchione. Mr. Cundiff will run the letter past Town Counsel to check its validity. He suggests Town Counsel look at the proposal and advise. Mr. Vecchione has no problem with that and asked that a site walk be planned. Mr. Vecchione will get Mr. Taylor in here, or he will get a Power of Attorney. He asked to receive feedback from the Board. Mr. Cundiff will ask Town Counsel what we should get in this case and then tell Mr. Vecchione what he needs to do. Mr. Zisk needs permission from the owner for a site walk. Mr. Vecchione will talk with Kevin Lightbown. Mr. Vecchione stated that the emergency access is still there, from what he knows.
Mr. Vecchione asked if any neighbors of 34 Davis Street present at the meeting wanted to ask him questions regarding their concerns. Mr. Cundiff stated that there are some abutters present who, since the last meeting, have seen an excavator on the hill knocking down trees. Mr. Vecchione was questioned as to whether he can go over the existing culvert. It is not an issue as far as he is concerned. He stated he is doing testing, taking down trees and pulling up stumps. He stated he has a right to take 50 cords of wood a year without a permit, or as much as he wants for a change of use. He stated he is not doing things out of spite. He will use his property within the confines of the law. Mr. Mr. Vecchione invited the Board to walk the site at any time. He stated that there is a request that Steve Zisk, Bill Cundiff, Adelle Reynolds and all members of the Conservation Commission get a court order before walking that property, but he does not have that hostility toward the Planning Board. They can go out there if they want to go out there. Mr. Marks stated that as long as Mr. Vecchione is not in violation of anything, he has no problem.
Mr. Andrew Smith, 21 Monroe Street, submitted photos to show what is happening on the property in case something happens. Mr. Marks, Mr. Cundiff and Mr. Zisk will take a ride by to be sure there is no violation. Mr. Vecchione is fine with that.
Mr. Vecchione says he is 25’ or more from the boundary. Mr. Smith asked if there should be bales of hay to protect the brook. Mr. Vecchione stated that there is no erosion. He will throw down bales if the Planning Board would like him to. He feels it is stable. Mr. Cundiff stated that if he were asked to go out there, he would contact Mr. Vecchione first.. Mr Vecchione stated it is a work in progress.
Mr. David Gjeltema, 19 Monroe Street, asked what Mr. Vecchione is going to do with all the piles of stumps. Mr. Vecchione stated he is within the 25’ buffer. Why would he infringe on his own property? He does not feel he is doing anything out of the ordinary. There are no wetlands issues; the brook is bone dry. He will try to keep it safe, however children should not be on the property. Some of those piles may be there for years. He will try to move to the north side and to the left of his property so it does not look unsightly. It will take 6-9 months for trees to dry and that is why they are cut now.
Mr. Gjeltema stated he was under the impression that stumps were hazardous material and that they could not be buried on site. Mr. Marks agreed. Mr. Vecchione said there is no burying on site. The Board will look into it. Mr. Gjeltema said it is not very neighborly to pile a bunch of stumps in someone’s backyard and that the buffer zone is gone. Mr. Vecchione said that that is not true. The 25’ buffer is not gone. It is painted with three lines of orange paint. He will put the stumps inside the 25’ buffer. Mr. Marks said that Mr. Cundiff and Mr. Zisk would take a look into it. Mr. Vecchione left the meeting.
Mr. Marks informed the attendees that as long as Mr. Vecchione is not in violation, they cannot stop him from doing what he is doing on his property. Mr. Gjeltema stated that no one wants to see a pile of stumps in their backyard. The stumps will stay for years and there will be ants and erosion. Mr. Marks said the Board will do what they are required to do within the rules and regulations.
Mr. Smith questioned, if Mr. Vecchione wanted to clear the land and sell the material, why is he leaving the stumps exposed? Mr. Zwicker stated it is Mr. Vecchione’s land. Mr. Smith thought the stumps could not be piled, that they needed to be ground or removed from the property.
Mr. Gjeltema heard Mr. Vecchione say that Mr. Zisk got correspondence from Mr. Vecchione saying that he could not go on the property. Mr. Marks said Mr. Zisk would be acting on behalf of the Planning Board this time. Mr. Cundiff stated there is a written correspondence from Mr. Vecchione filed with the Town Clerk prohibiting some people from going on his property. Mr. Cundiff would be uncomfortable going on his property without something in writing. Someone could view the property from an abutter’s property. Mr. Smith agreed. Mr. Gjeltema asked if the letter applied to South Street. Mr. Zisk stated that Mr. Vecchione does not own that.
Mr. Brown said the numbers on the cover sheet do not add up. How much is the original bond? Mr. Marks would go by what Ms. Jeanne Lovett, Town Accountant said. Mr. Cundiff said there is interest accrued on that bond. The letter from Ms. Lovett is the most recent on the value of the bond.
Mr. Brown asked if the logging is messing up the restoration. Mr. Zwicker clarified that Mr. Brown is talking about two different places. Mr. Marks clarified that the bond is for South Street, which has been gone for 17 years. The logging is being done on 34 Davis Street.
Mr. Chesebrough said Mr. Vecchione mentioned a 50-cord limit; where did that information come from? Mr. Zwicker said that information comes from a law from DCR that allows you to cut your own firewood on your own property, but he thinks that is for personal use. Mr. Marks stated that if Mr. Vecchione is not in violation of the Planning Board, he wants the other boards to handle their part of it. Mr. Greco stated that other boards would not hear about it. Mr. Marks said the Planning Board would tell the citizens where to go. Mr. Marks stated he told the attendees that it was not in the Planning Board’s jurisdiction to act on it until there is a violation that is pertaining with our Board. Mr. Cundiff and Mr. Zisk can direct them as well.
Mr. Zisk had not come across a letter from Taylor before. Mr. Cundiff stated that the letter was not approved from a previous Planning Board. Mr. Zisk said there were several letters from the Town to Mr. Taylor to come in, but there were no responses. Mr. Taylor put up the $12,000. Mr. Chesebrough has no problem returning the bond money as long as it goes to the rightful party. Mr. Cundiff said the best route would be to give it to Mr. Taylor, and he could give it to Mr. Vecchione. Mr. Marks stated that Mr. Taylor would have to ask for it to get it back.

7:54 PM PUBLIC HEARING CONTINUED: SCHOOL DEPARTMENT/TOWN OF DOUGLAS: APPLICATION FOR AN EARTH REMOVAL SPECIAL PERMIT, 33 DAVIS STREET
The Board received a letter from Mr. Leno Filippi of DiNisco Design Partnership asking the Board to continue the hearing for thirty days. Mr. Marks said it could be continued again. Mr. Zisk will continue the hearing to March 27, 2012 at 7:00 PM.
Ms. Sharkey made a motion to continue the public hearing: School Department/Town of Douglas, Application for an Earth Removal Special Permit, 33 Davis Street to March 27, 2012 at 7:00 PM. Mr. Chesebrough seconded the motion. Vote – unanimous.

6. FYI: CPTC Conference Program:
Mr. Marks stated that if anyone felt they might want to go, to contact Maria Lajoie by March 9, 2012. Mr. Cundiff asked members to consider as soon as possible because a check needs to be cut in advance, unless you want to pay and get reimbursed. The deadline is March 9, 2012.

8:00 PM DISCUSSION: ZONING MAP
The zoning map was given to the Board two meetings ago by Mr. Zisk. The differences between an RC-1 and an RC-2 were discussed. Mr. Zisk said RC-2 depends on use, whether it is commercial or residential.
Mr. Chesebrough presented a request from Mr. Les Stevens. Mr. Stevens would like to see the RC-2 area he lives in converted to RC-1. He would like the same dimensional requirements for residential use. Mr. Chesebrough thinks Mr. Stevens went to the Board of Selectmen and the Board of Selectmen sent the Planning Board their memo. Mr. Brown is unclear as to Mr. Stevens’ reason for this change; is there a significant reason to change? Mr. Zwicker would like to see him come in for a discussion. Mr. Marks does not see a reason for the Planning Board to take any formal action. Mr. Chesebrough asked Mr. Zisk to contact Mr. Stevens. Mr. Zisk will invite Mr. Stevens to the March 27, 2012 meeting.
Mr. Chesebrough brought up the topic if the industrial land next to Webster. It had gone to Town Meeting for the lot lines, but it had to be pulled; is that still worth pursuing? Mr. Zisk stated the Board would have to change the zoning from open space to industrial, and it should be advertised like that or just work around it. Mr. Zwicker stated that if the wind turbines come in, it changes what they had set up. There was a setback problem the way the lines were. Mr. Zisk said that technically, the hearing is still open.
Ms. Sharkey asked what would happen if it were half industrial, half open space? Mr. Cundiff replied if it were one parcel, there would be no problems. When the property is separate it may create issues unless the properties are combined. Mr. Brown suggested that if the Board does something with the RC-2 packet, perhaps put this zoning change with it, but it is not worth pursuing on its own. Mr. Chesebrough stated that American Pro Wind is coming in to the next meeting. If their decision is nay, there is less prejudice for rezoning. Mr. Marks suggested waiting for Mr. Stevens to come to a meeting to make his case.

MINUTES: January 24, 2012 and February 14, 2012.
Mr. Brown made a motion to approve the January 24, 2012 Planning Board Meeting minutes as amended. Mr. Chesebrough seconded the motion. Vote-Unanimous.
Ms. Sharkey made a motion to approve the February 14, 2012 Planning Board Meeting minutes as amended. Mr. Chesebrough seconded the motion. Vote-Unanimous.

SIGN:
There is a bill for Lakewood Estates. Mr. Cundiff said the Broadbent matter should have been deleted from the voucher. Mr. Marks and Mr. Cundiff confirmed that it was removed.

1. ZBA Application: Brian Guilfoyle, 37 Hough Road.
Mr. Zwicker presented. There is an old existing house on Manchaug Pond. There is a barn in the back. They want to raze the house, move it and put up a new house. Adelle Reynolds, Building Commissioner submitted a letter stating that, even though the application is drawn up as one lot, there are actually two lots that are not combined even though one person owns them. The structure appears to be in the same footprint. The plan does not show an overlay. There may not be a foundation. It is an old camp.
Mr. Cundiff said Ms. Reynolds is looking to combine Parcels 1 & 2. Mr. Marks has concerns regarding having the well and septic on separate lots. Mr. Marks recommends combining the lots. He recommends an 81X and combining the lots, or an ANR. Mr. Chesebrough stated the decision that the Planning Board has concerns regarding having the well and septic on separate lots, and the Planning Board recommends the ZBA advise the applicant to do an 81X or ANR. The Board is in agreement. Mr. Brown asked what the new footprint would be? Mr. Zwicker replied 24’ x 44’ approximately.
2. ZBA Application: Guaranteed Builders, 103 Shore Road.
Ms. Sharkey recused herself. Mr. Chesebrough said Guaranteed Builders requested a variance on 103 Shore Road in the Wallum Lake Terrace area. It is regarding a lot recreated before zoning. They want a variance because they do not have the required frontage or side yard setback. There is a concrete pad there. Mr. Marks stated if there were a pre-existing structure, they would have to stay on the same footprint. Mr. Zisk said there is a house there; it just got built. There were some problems with the original decision, and they are going through the process again. Mr. Chesebrough said Guaranteed Builders was given a building permit, but a neighbor filed an objection with the Building Inspector, ZBA and the court, and the court found that Guaranteed Builders had done everything right, but they should get a variance. There were no objections to the application.

OPEN SESSION
Mr. Brown wants to discuss “intent” for bonding at the next meeting. Mr. Marks suggested a letter be sent to Town Counsel. Ms. Sharkey stated that a future building cannot be bonded; only a project can be bonded. Mr. Brown wants to know how the Board can handle breaches of promise. Mr. Cundiff suggested if the language were cleared up, it would remove the ambiguity.
Mr. Chesebrough stated that he would not be at the next meeting.
Mr. Cundiff stated that Shady Knolls II is trying to make it on the Town Meeting for Subdivision for Road Layout Acceptance, Firewood Circle.

9:07 PM. ADJOURNMENT
Mr. Chesebrough made a motion to adjourn the meeting at 9:07 PM. Ms. Sharkey seconded the motion. Vote - unanimous.

Respectfully submitted,

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

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