4/10/12 Planning Board Meeting

4/10/12 Planning Board Meeting

Postby Mary Wright » Sat Jun 02, 2012 4:30 pm


A meeting of the Planning Board was held on Tuesday, April 10, 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.

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).

Located on the south side of Route 16 (Webster Street) abutting the Webster Town line.
Mr. Marks opened the public hearing.
Mr. Maurice Caparrotta from American Pro Wind reported that the State last week passed an energy bill through the senate, which mandates the utility companies to purchase additional renewable energy. He expects the bill to be finalized and signed this summer. In the meantime, they will continue to work to try to secure financing for the project.
Ms. Sharkey asked about the taxes. Mr. Caparrotta talked with Mr. Sullivan who said he paid about $15,000 towards the taxes. $4000 is still owed. May 1st will bring in $16,000. He will get information from the assessor’s office today. He should be current in 6 weeks. The lot owned by Malloy is current. One is in tax title 2011. If they do not pay, he will pay himself.
The ZBA variance expires November 7, 2012. He will be visiting with the ZBA in the near future to check the status. Mr. Chesebrough does not feel Mr. Caparrotta will meet the criteria because substantial in-ground work has not taken place. Mr. Caparrotta will clarify with the ZBA within the next two months. Mr. Chesebrough cautioned Mr. Caparrotta that if the taxes are still in arrears after three months have passed, the Planning Board might take a serious view as not working in good faith.
Ms. Sharkey made a motion to continue the public hearing: #SPR 10.0614-01, American Pro-Wind, Application for Site Plan Review until August 14, 2012, 7:00 PM. Mr. Werme seconded the motion. Vote-Unanimous.

Mr. Marks opened the public hearing.
Mr. Mike Yerka of Civil Site Engineering joined the meeting. He is concerned that section A of the letter from the lawyer is open ended. It does not address the conditions that would be written up by the Planning Board. Mr. Zisk explained that the Certificate of Approval is the document that they will sign and that is where the Planning Board would have their terms and conditions, if any. Mr. Yerka is looking for a 12’ wide gravel driveway within the layout. Mr. Zisk will type up the Certificate of Approval for the next meeting and in that, the conditions will be such that they will be in accordance with the construction of a single-family driveway. The Board is in agreement with that layout.
Mr. Chesebrough wants to be sure the Declaration of Private Way Restrictions and the Certificate of Approval are linked: If one disappears, the other will cover. He suggested the phrase, “Terms and conditions are hereby made a part of this declaration and agreed to by…” Mr. Yerka will have the lawyer link the two.
Mr. Chesebrough made a motion to continue the public hearing, Margaret Bacon, Application for a Modification of a Definitive Subdivision Plan, 106 West Street to April 28, 2012, 7:00 PM. Mr. Zwicker seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion to amend the previous motion and continue the public hearing, Margaret Bacon, Application for a Modification of a Definitive Subdivision Plan, 106 West Street to April 24, 2012, 8:00 PM. Mr. Zwicker seconded the motion. Vote-Unanimous.

Mr. Marks opened the public hearing.
Mr. Mike Vital of CTA Construction joined the meeting. Mr. Zwicker has no problem with hauling off 10,000 yards. Mr. Mike Vital formally requested withdrawal of the Earth Removal Special Permit. All other permits have been issued, except for plumbing and electrical.
Mr. Chesebrough made a motion to close the Public Hearing: School Dept./ Town of Douglas: Application for an Earth Removal Special Permit, 33 Davis Street. Mr. Brown seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion for the Planning Board to accept the petition by the applicant to withdraw their application for an Earth Removal Special Permit, 33 Davis Street, in as so far as they qualify under the exemption clause, section Ms. Sharkey seconded the motion. Vote-Unanimous.
Mr. Chesebrough asked Mr. Zisk to notify the Building Commissioner that they qualified under the exemption.

Mr. Marks opened the public hearing. Mr. Bob Sullivan, Water/Sewer Systems Manager joined the meeting. Mr. Sullivan did get hold of Exxon Mobile and received pipeline safety information. They do manual training with Fire and Police Depts. in Town. Mr. Sullivan presented a 1998 map and pointed out the non-potential drinking water source areas as determined by the Dept. of Environmental Protection (DEP). Mr. Sullivan presented the Interim Wellhead Protection Area (IWPA) map and the changes made to show the Zone 2.
Mr. Brown asked why they are changing the zoning and why change it now? Mr. Sullivan replied that the current map does not meet the requirements of the DEP. The DEP reviewed the bylaw because the Town’s 20-year deferral permit came up for renewal. Mr. Brown asked if there is a reason why the Town’s protection cannot be more stringent than the DEP. He is concerned that some restrictions are being removed by removing the tertiary. Colin Haire, the Water/Sewer Commissioner replied that the tertiary was removed at Town Meeting approximately three years ago under the applicability part of the bylaw. What they are doing now is removing the definition of tertiary. The tertiary is still being protected. The aquifer is still being protected.
Mr. Bill Beyer, Hydrogeologist, explained that the more area you try to protect actually weakens the bylaw because it opens it up for challenges. He feels it is best to focus on the aquifer. Mr. Sullivan did go to Town Counsel with all these changes and Town Counsel did agree with Mr. Beyer’s recommendations.
Mr. Brown asked why are they removing the area south of the Mumford River? Mr. Sullivan replied that it was not an area that showed potential for a well. A discussion ensued. Mr. Brown feels the report is nontechnical, and he is reluctant to base a change of the bylaws upon it. Ms. Sharkey asked if DEP would allow the area around well site 1 to be kept on the map as it is. Mr. Sullivan replied that he believed so; the area is not in noncompliance. Mr. Chesebrough asked Mr. Beyer if there is value for the Town to keep the area within the protected area. Mr. Beyer replied that you would go through a lot of dry sand and gravel before you would get anything. He cannot say unequivocally that you could not put a well there, but he would look at other options first. In general, the water quality has threats and has shown to be poor in that area. Keeping the area would tend to weaken the overall argument.
Mr. Bob Josey, Water/Sewer Dept., said they could produce 1 million gallons/day with the wells they have now, and in 20 years, they will not be allowed to pull out over 260,000/day.
Mr. Chesebrough asked questions regarding the map that is referenced in 8.12 and 8.15. The map needs to be made part of the bylaw. Mr. Sullivan will talk to Town Counsel about it. Mr. Chesebrough also asked a question regarding Title V under 8.16, Use Restrictions, A) Permitted Uses, #4 Residential Development Density. A discussion ensued regarding lot sizes and the bylaw. Mr. Chesebrough feels #4 and #5 conflict. Mr. Marks said that right now it appears as though the bylaw is stating that if it is an RA Zone, it can be made into a VR Zone. He said that cannot happen and the wording needs to be clarified.
Mr. Chesebrough questioned how #13 under Use Restrictions related to section c.4. Mr. Sullivan said the four feet is based on DEP regulations. Ten feet is if it is a special permit use. You cannot go below four feet under any circumstance.
Mr. Chesebrough asked how #14 Rendering Impervious is enforced. Before it was under special permit, but now it is not. Who will review it now? Mr. Sullivan replied that it was in permitted; DEP said it has to be in prohibited. Mr. Chesebrough suggested that rendering impervious more than 15% of any lot would have to get a special permit. Mr. Sullivan replied that if they keep in it special permit, DEP said it has to be in with the wording it has. Town Counsel gave him the wording that is in the revised bylaw. The Board of Selectmen approved Mr. Sullivan to move forward to the Planning Board with this as long as he made the changes recommended by Town Counsel. Mr. Chesebrough suggested to keep the special permit and put the 20% back in. Mr. Haire will have Town Counsel review the issues brought up by Mr. Chesebrough.
Mr. Chesebrough found a typographical error: Section 8.09 no longer exists.
Mr. Chesebrough made a motion to continue the public hearing: Town of Douglas/Water-Sewer Dept.: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD) to April 24, 2012 to 8:15 PM. Ms. Sharkey seconded the motion. Vote-Unanimous.

1. Deer Crossing Subdivision: Request for Release of Lot #51, Woodland Road.
Mr. Tim Nealon, Esq. joined the meeting and gave the background of Woodland Road. There has been a spark of interest in the subdivision in the last few months. They have built a model home. They have an agreement coming in for lot 51. If this trend continues, the next time he comes before the Planning Board to ask for a release, it will be preceded by a plan to increase the bond amount. He does not see any further construction on the road at this time. If the Board were to allow this lot before any increases to the bond were made, there would be 17 lots on pavement.
Mr. Mungeam asked, if they are going to be releasing lots haphazardly, should they say that they will release six lots or should they take away a lot that has not been developed that had been released previously. Mr. Zisk said that there needs to be a correlation between how many lots released and the amount of bonding left to finish the subdivision. He does not know what that number is. Mr. Cundiff feels Mr. Nealon has an excellent project. All the testing has passed and the project is well built. There should be surety to complete the project all the way from project approval to the construction of a substantially complete road. No-build covenants are being released when there is no alternative form of surety in place to be sure the project is completed.
Mr. Mungeam asked if the 7-year-old surety still covers us. Mr. Marks does not have a problem releasing lot 51. He wants to see the numbers crunched so he knows where we stand on the surety. Mr. Nealon will present Mr. Zisk with estimates.
Mr. Chesebrough asked if taxes had been paid on lot #51. Mr. Nealon replied, “Probably not.” Mr. Zisk suggested receiving a letter or memo from the Treasurer when the taxes have been paid on lot #51. Mr. Zwicker asked that in the future, when asking for a lot to be released, Mr. Nealon should bring in a statement that the taxes have been paid.
Mr. Zwicker made a motion to release Lot #51, Woodland Road of the Deer Crossing subdivision, contingent on receiving notice from the Tax Collector that the taxes are current for lot #51. Mr. Chesebrough seconded the motion. Vote-Unanimous.

MINUTES: March 13, 2012, March 27, 2012
Approval of the minutes of the March 13, 2012 and March 27, 2012 meetings were deferred to the next meeting.

1. Voucher: Nature View Estates Bond Reduction #6. Mr. Zisk stated that he owes the Planning Board mylars for each subdivision for the Town Meeting.
2. Decision for West Side Connector Road. Mr. Zisk made the appropriate changes. The final revised plan will be dated today; same plan and same date for each town.

Mr. Cundiff received an email from Rich Bruskin inquiring on the status of the signed bylaw. Ms. Sharkey stated she had sent an email but she had not heard back yet.

Mr. Mungeam made a motion to adjourn the meeting at 9:56 PM. Mr. Werme 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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