3/27/12 Planning Board Meeting

3/27/12 Planning Board Meeting

Postby Mary Wright » Sat Jun 02, 2012 4:28 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, MARCH 27, 2012

A meeting of the Planning Board was held on Tuesday, March 27, 2012. Mr. Marks called the meeting to order at 7:08 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, Mark Mungeam, Robert Werme, Jr., Michael Zwicker, Tracy Sharkey, Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent).
ABSENT:

7:08 PM PUBLIC HEARING CONTINUED: SCHOOL DEPARTMENT/TOWN OF DOUGLAS: APPLICATION FOR AN EARTH REMOVAL PERMIT, 33 DAVIS STREET
Mr. Bill Cundiff, Town Engineer, joined the meeting with Mr. Mike Vital of CTA Construction. In the packet is a letter transferring representation from DiNisco to CTA. CTA has their protocol laid out as to earth removal on the school project site. Mr. Cundiff stated that the earth removal bylaw was written for a gravel pit operation. It targets restoration and surety of bonds for restoration, etc. This will be different as there is a building being constructed. Unsuitable materials will be hauled off site.
Mr. Vital began his presentation and focused on the volumes of material being removed, trucking routes and hours of operation. He is asking for an earth removal permit to remove 10,000 cubic yards of unsuitable material, but hopes that the amount will be considerably less than that.
The trucking route goes behind the intermediate school and out onto Davis Street. They are not coming out in front of the school. This is happening during the times when the buses are not at the school. The material is being hauled away by a site contractor.
Mr. Zwicker is concerned that the material is being hauled away and then later material will have to be purchased in order to fill. Mr. Vital explained that it is a fill operation. The Sitework Contractor, RA Powell Construction, hauls the material off the site and then replaces it.
Mr. Zisk’s biggest concern is the unknown material going into the hillside. Mr. Vital said they have started stockpiling it. The rocks are being put through a crusher on site and being mixed with gravel. An engineer is doing daily compaction tests.
Mr. Greco questioned why section VII, question 1 on the Special Permit Application form, is checked “No”. Mr. Cundiff is not sure, but he thinks that when DiNisco did the original filing, all abutters were notified. CTA refilled out the application. That question may have been checked incorrectly. Mr. Cundiff suspects that CTA was unaware that the abutters were notified under DiNisco’s filing for this application. The DiNisco filing is in the packet with the original submittal. Mr. Mungeam stated that, as an abutter, he was notified.
Mr. Chesebrough feels that the filing is brief. If they are not going to comply with a lot of the criteria of the application, he would think they would seek a waiver, which would require another special permit. The map does not show where the excavations will take place and at what level. The bylaw states that a bond is required and if one is not going to be requested, a waiver is needed. He would like to see a package that addresses earth removal bylaw specifications and a special permit application for the things they are asking the Board to consider waiving.
Mr. Cundiff said a plan was electronically filed. Mr. Mungeam recalled getting a disc with the plans, however they were too broad for this hearing’s purposes. Mr. Cundiff recommended continuing the hearing so that the wavier could be prepared. Mr. Vital is stockpiling the unsuitable materials until the earth removal permit is approved.
Ms. Sharkey asked if removal of fill incidental to the foundation would be more lenient. Mr. Vital presented a map, which the members of the Board reviewed. Mr. Chesebrough is concerned about the high water mark. Mr. Zwicker asked to see the layout of the test bores for the groundwater level testing. Mr. Mungeam stated that it has to be taken into consideration that this was not even an earth removal site until they found unsuitable materials.
Mr. Cundiff will address the Board’s concerns at the next meeting.
Mr. Mungeam made a motion to continue the Public Hearing: School Dept./ Town of Douglas: Application for an Earth Removal Special Permit, 33 Davis Street to April 10, 2012 at 7:30 PM. Ms. Sharkey seconded the motion. Vote-unanimous.

7:27 PM ANR PLAN: RAYMOND M. BEGIN, II, SOUTH STREET
Mr. Rich Coughlin, 306 Main Street, presented the ANR plan. The lot that he is cutting out has adequate frontage and acreage and the other lot is currently non-buildable due to inadequate frontage.
Mr. Chesebrough made a motion to endorse the ANR plan submitted by the applicant, Raymond M. Begin, on South Street as submitted. Mr. Werme seconded the motion. Vote-Unanimous.

7:40 PM PUBLIC HEARING CONTINUED: TOWN OF DOUGLAS/WATER-SEWER DEPARTMENT: PROPOSED AMENDMENTS TO THE WATER RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD)
Mr. Chesebrough made a motion to close the public hearing, Town of Douglas/Water-Sewer Department: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD). Mr. Zwicker seconded the motion. Vote-Unanimous.
The applicant has submitted a proper withdrawal request. The applicant requested withdrawal without prejudice.
Mr. Chesebrough made a motion to accept the withdrawal of the application of the Town of Douglas/Water-Sewer Department: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD). Mr. Mungeam seconded the motion. Vote-Unanimous.

7:50 PM PUBLIC HEARING: TOWN OF DOUGLAS/WATER-SEWER DEPARTMENT: PROPOSED AMENDMENTS TO THE WATER RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD)
Mr. Marks opened the public hearing. Mr. Bob Sullivan, Systems Manager Water-Sewer Department, joined the meeting. A 1986 study identified eleven potential sites for future wells. They are outside the Zone 2. FST studied one well further to identify if it would be a good well. They concluded that that section was not suitable for potable water and could be removed.
The 1986 study created an approved DEP Zone 2, which supercedes the IWPA. The green area on the map is not contributing to the current water source and is not part of the Zone 2. The Zone 1 delineations were put in.
Mr. Brown is concerned that modifications are being made based on, what he feels, is a superficial, nonscientific report by FST. Mr. Chesebrough feels that that area could be removed.
Mr. Cundiff asked if there were any data regarding the water on the south side of the Mumford River. Mr. Chesebrough said there might be some data from the public and private wells logs from the appendices of the 1986 report. Mr. Colin Haire, Water-Sewer Commissioner, said there were no other studies done.
Mr. Mungeam asked why the Water-Sewer Dept. is seeking to have this aquifer protection area removed from protection. Mr. Haire replied that they had received a request to review some years ago from Economic Development because there are many technical requirements that burden development in that area. Mr. Mungeam agrees with Mr. Brown in that the report is not detailed. It does not say that the water in that area is degraded, and it does not say why the area should be removed from protection. He would like to know if the area is polluted before it is removed from protection. Mr. Mungeam would like to know how they came up with those boundaries. Mr. Bob Josey replied that the Shell station polluted its well, which is on top of the aquifer and it makes sense that the area would also be polluted. Also there is a ledge fault that goes through there. The 1986 study showed the direction of flow based on geological characteristics only.
Town Counsel wanted to take out all the potential sites, but Mr. Sullivan wanted to keep them in until it was determined that those potential sites would not be viable well sites. Town Counsel then said if they were going to keep them in, then the 1986 study and the FST study needed to be referenced.
Ms. Sharkey asked if the area being taken out could be made an industrial zone. Mr. Marks replied that it could be done at Town Meeting.
Mr. Zwicker asked if anyone knew when the last time Exxon Mobile had been in the area to improve the petroleum pipeline that runs through the drinking water area. No one had an answer. Mr. Sullivan stated that there is an Emergency Response Plan in case something should go wrong.
Mr. Brown feels it would be helpful to collaborate with other towns that share the same aquifer in order to have all the same quality control. He is also concerned that all eleven potential well sites have not been investigated. He feels rushed and feels that the Board does not all have all the data necessary to make a decision. He would rather keep the bylaw they have and make a wider and more in-depth study. Mr. Sullivan replied that he has gone before the Capital Improvement Committee to ask that these sites be investigated in intervals until they have all been investigated. To do them all at once would be cost prohibitive.
Mr. Zwicker stated that the bylaw is being changed because they are not in compliance with existing wells with the state law. The state could refuse to issue a permit on the water the town already has. Mr. Brown asked to act on the minimum required by the state to get the permit issued.
Carol Gogolinski, 55 Island Drive, added her experience regarding the proposed area to be removed from protection. She said that there is no water there. She is asking that common sense be used, not more studies. No one wants to drink water coming from a sewer treatment plant.
Mr. Sullivan added that the current wells have the capacity for over 1 million gallons of water per day. In twenty years, they will only be allowed to draw 360,000 gal/day.
Mr. Andrew Smith, 21 Monroe Street, said that he does not feel that the area from North East Main Street, heading south, should be removed. Mr. Sullivan said that area is not a potential well site. Mr. Marks said that area would be protected as an aquifer, but not as a drinking aquifer.
Mr. Jeremy Flansburg, 63 Monroe Street asked for clarification of the boundaries of the protected areas and he inquired as to how those boundaries are determined. Mr. Sullivan stated that they are not removing that area because of the gas line. The area is being removed because it is not suitable for potable water. The area Mr. Smith spoke about is not the actual site for the potential well.
Mr. Cundiff will send out the link to the 1986 study. Mr. Chesebrough would like to see plates 1-5. Mr. Brown asked for a clean copy of the proposed bylaw.
Mr. Zwicker made a motion to continue the public hearing, Town of Douglas/Water-Sewer Department: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD) to April 10, 2012 at 7:45 PM. Mr. Chesebrough seconded the motion. Vote-Unanimous.

8:46 PM DISCUSSION: ZONING MAP
Mr. Les Stevens joined the meeting. He presented that 35% of the properties in the RC II are nonconforming. The zoning was established in 1970. He was asked by the property owners to bring this before the Planning Board to see if they wanted to go forward to correct this.
The nonconforming property owners are concerned that they would incur added fees to apply for a variance to get a building permit. Mr. Cundiff said he spoke with Adele Reynolds, Building Commissioner and she said that she has the ability to move forward with building permits in these pre-existing nonconforming situations. He also mentioned that some residents are being taxed for buildable lots on nonbuildable lots. Mr. Stevens would like to see the nonconforming percentage down to 5-7%.
Mr. Cundiff suggested that Ms. Reynolds be invited in to a discussion. Mr. Zisk will put in on the agenda for the May 22, 2012 meeting.
Mr. Stevens will forward to Mr. Cundiff a copy of a Central Mass. Regional Planning packet regarding the stabilization of neighborhood road designs.

8:58 PM PUBLIC HEARING CONTINUED: MARGARET BACON
APPLICATION FOR A MODIFICATION OF A DEFINITIVE SUBDIVISION PLAN: 106 WEST STREET.
Mr. Marks presented a request from Mr. Michael Yerka of Civil Site Engineering for a continuance to April 10, 2012.
Mr. Chesebrough made a motion to continue the Public Hearing: Margaret Bacon, Application for a Modification of a Definitive Subdivision Plan, 106 West Street, until April 10, 2012 at 7:15 PM. Mr. Brown seconded the motion. Vote – Unanimous.

9:03 DISCUSSION
1. Douglas Solar, 9 Brookline Terrace: Bonding. Mr. Zisk stated that they are going to do a cash bond before they get their road permit.
2. Nature View Estates Bond Reduction: Mr. Ross Smith joined the meeting. Next week he will start the maintenance of the retention ponds. The catch basins will be cleaned the first week of April and the topcoat is scheduled for April 16, 2012. They will reseed some areas near the cul-de-sac. At the last meeting he had asked the Board if they would consider waiving the planting of trees and consider a bond reduction.
Mr. Cundiff presented Mr. Smith’s three items he is requesting for reduction for a total of $18,673. They have the As-Built Plan and the Street Acceptance plan. They do not have rim elevations or finish grades, which is a concern especially at the end of the cul-de-sac. Mr. Cundiff recommends a reduction of $1,000 for the As-Built Plan. They do not have the requirements for the Street Acceptance Plan. Mr. Smith said his attorney sent those documents to Mr. Zisk electronically. Mr. Zisk stated that he needs the whole binder and Mr. Smith had said he was going to FedEx it to the lawyers or PDF it to him. Based on those two items, Mr. Cundiff recommends $3,000 be allowable for return.
Mr. Cundiff recommends the Board hold the $10,000 for Preparation of Bid documents until after the paving occurs.
Mr. Smith is requesting the return of the balance for the hay bales. Mr. Cundiff recommends maintaining 150 feet at the bottom of the hill. That leaves $423.50 allowable to be returned. Mr. Cundiff made the Board aware of a spreadsheet he prepared summarizing Mr. Smith’s request and the current Mass DOT unit prices for materials. The increase in cost due to inflation is $22,000, and the increase in cost due to materials is $20,040. DHP is recommending that the top course be increased by ¾” to 2.5”. They were shy of the 15% contingency by $16,000. The bottom line is that the account is deficient by $58,000. Mr. Smith replied that the $58,000 is something that just came up today. It is his intention to finish the road and get it accepted by the Town and there is enough money available to do that.
Ms. Sharkey made a motion to release $3424.00 from the Nature View bond. Mr. Zwicker seconded the motion. Vote-Unanimous.
Mr. Cundiff stated that May 1, 2012 is the last date the Board of Selectmen can have a layout hearing. Abutters need to be notified and advertising needs to be done in advance of that date.
Mr. Smith is requesting a waiver to not plant trees on the 2.5’-3’ grass strip between the sidewalk and the street.
Mr. Chesebrough made a motion to grant a waiver to the tree-planting requirement for Nature View Estates. Mr. Zwicker seconded the motion. Vote-4 in favor, 3 against.

MINUTES: March 13, 2012
Approval of the March 13, 2012 Planning Board Meeting minutes was deferred to the next meeting.

SIGN
1. Water Resource Protection Overlay District Special Permit: Pyne Sand & Stone Company, 34 & 36 Davis Street.
2. Earth Removal Special Permit: Pyne Sand & Stone Company, 34 & 36 Davis Street.
3. Application for a Definitive Subdivision Plan: Town of Douglas, “West Side Connector Road”.

OPEN SESSION
Mr. Robert Werme will run for re-election.
Regarding the South Street Gravel pit, at the last meeting there was correspondence from Mr. Jay Talerman regarding Mr. Gary Vecchione’s request to return a bond in the amount of approximately $14,000. Mr. Cundiff stated that in June or July of 2000 the Board voted to pull the surety. The bond was posted by Mr. John Taylor of Taylor Construction. According to Town Counsel, since the Town pulled that bond and put it in a Town account, it has to go to Town Meeting before it can be released.
Mr. Cundiff and Mr. Zisk did take a site walk of the site with the current owner, Mr. Kevin Lightbown. There is no topsoil and there is scrub growth. There is a letter in the packet from Mr. Lightbown regarding his position. The Board can still use the bond to restore the area, according to Town Counsel. However, $14,000 would only restore ½ acre. To restore the entire 10 acres would cost over $200,000. The Board reviewed photographs of the site.
Mr. Cundiff will solicit input from Mr. Lightbown as to the areas most in need of restoration.

9:41 PM. ADJOURNMENT
Ms. Sharkey made a motion to adjourn the meeting at 9:41 PM. Mr. Zwicker seconded the motion. Vote - Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
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