4/24/12 Planning Board Meeting

4/24/12 Planning Board Meeting

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

PLANNING BOARD MEETING MINUTES
TUESDAY, APRIL 24, 2012

A meeting of the Planning Board was held on Tuesday, April 24, 2012. Mr. Marks called the meeting to order at 7:13 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), Stephen Zisk (Planning/Conservation Agent).
ABSENT: Mark Mungeam, William Cundiff (Town Engineer)

7:13 PM PUBLIC HEARING CONTINUED: KENNETH & JANE HOWARD
APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT: 101 MANCHAUG STREET.
Mr. Marks opened the public hearing.
Mr. Kenneth Howard of 101 Manchaug Street joined the meeting. He is selling his home to his son and would like to build an addition to the home for additional living space. There would be no water or plumbing, just electricity.
Mr. Brown made a motion to close the public hearing, Kenneth & Jane Howard, Application for an Accessory Apartment Special Permit, 101 Manchaug Street. Mr. Chesebrough seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion to approve the Accessory Apartment Special Permit on the application of Kenneth & Jane Howard, 101 Manchaug Street. Mr. Werme seconded the motion. Vote-Unanimous.

7:18 PM PUBLIC HEARING: FUNARI SITE DEVELOPMENT: APPLICATION FOR A FLEXIBLE DEVELOPMENT SPECIAL PERMIT “WHITIN RESERVOIR ESTATES”, LOCATED OFF DOUGLAS HILL WAY
Mr. Marks opened the public hearing and Mr. Zisk presented the materials that were in the package.
Mr. Steve O’Connell of Andrews Survey & Engineering, Funari Site Development, presented a flexible development, which will reconfigure an existing, approved subdivision. They can get a maximum of 8 lots and turn that 8 into 15 smaller, flexible development lots with significant open space. The open space is contiguous and provides a buffer to all abutting properties. Mr. O’Connell reviewed the nine requirements of the bylaw. He feels a majority of those requirements are taken into consideration in this application. Nothing distinguishes the low-income units from the other units. The right-of-way at the end of the cul-de-sac is for future roadway expansion.
Mr. Zisk went over Mr. O’Connell’s letter. The letter does not document where he is getting the 15 lots. For the next meeting, Mr. Zisk asked for a breakdown of where exactly, in a tabular form, Mr. O’Connell is achieving the 15 lots. Mr. O’Connell will revisit the letter. He will revisit if the right-of-way was counted as open space.
Mr. O’Connell stated that this is essentially an ANR plan. He discussed the plan in detail and the plan was discussed.
Jeanne McHale, 45 Douglas Hill Way asked how the existing wells would be affected if 15 wells were drilled. Some of the neighbors have had to have their wells hydrofracked. Mr. O’Connell does not know how the existing wells would be affected. He will check with the Board of Health.
Mr. Bob Muniz, 243 North West Main Street asked if the detention basin would be large enough to handle the runoff from 15 driveways. Mr. O’Connell said that it would be. Mr. Muniz asked if there were any existing zoning variances in place. Mr. O’Connell said the original subdivision road created the frontage necessary. No variances were required. Mr. Muniz said there is a dip in his road and when it rains, water backs up onto the road. Mr. O’Connell replied that the new storm water drainage system would intercept and take water towards the basin in the back.
Mr. Roy Swenson, 565 North West Main Street believed there was an agreement with the original developer for some amount of money to be used to help mitigate the runoff problem. The developer is aware of that. The amount is $10,000. Mr. Swenson held a discussion with Mr. O’Connell and Mr. Zisk regarding flexible development lots, conventional lots and the changes being requested.
Ms. Valerie Fulginiti, 301 North West Main Street asked if the eighth lot was the full seventh lot. Mr. O’Connell replied that it is not. The basic maximum number (8) did not take into consideration where prior lot lines fell.
Mr. Muniz asked if the different housing categories were defined. Mr. O’Connell read the definitions from the bylaw of what the applicant proposed and defined “comps”.
Mr. Bill Michalson, 210 West Street is concerned that if 15 lots are put into such a small area, it would be too dense. The minimum two acres zoning is to protect well and septic from neighbors and for privacy. The Planning Board will take his concerns into consideration.
Mr. O’Connell will demonstrate to the Planning Board that the infrastructure that was approved and intends to be built will be sufficient.
Ms. Sharkey made a motion to continue the public hearing, Funari Site Development, Application for a Flexible Development Special Permit “Whitin Reservoir Estates” to May 22, 2012 at 8:00 PM. Mr. Zwicker seconded the motion. Vote-Unanimous.

8:25 PM PUBLIC HEARING CONTINUED: MARGARET BACON
APPLICATION FOR A MODIFICATION OF A DEFINITIVE SUBDIVISION PLAN: 106 WEST STREET.
Mr. Mike Yerka of Civil Site Engineering joined the meeting. He had met with Mr. Zisk who did a Form C-1. He went over the requirements and Mr. Zisk’s comments. The private way was described and a few typographical errors were corrected. The new covenant will be recorded and will reference the plan. The covenant will be attached to the purchaser’s deed.
Ms. Sharkey made a motion to close the public hearing, Margaret Bacon, Application for a Modification of a Definitive Subdivision Plan, 106 West Street. Mr. Zwicker seconded the motion. Vote-Unanimous.
Ms. Sharkey made a motion to approve the Application for a Modification of a Definitive Subdivision Plan, 106 West Street as amended. Mr. Chesebrough seconded the motion. Vote-Unanimous.

9:25 PM PUBLIC HEARING CONTINUED: TOWN OF DOUGLAS/WATER-SEWER DEPARTMENT: PROPOSED AMENDMENTS TO THE WATER RESOURCE PROTECTION OVERLAY DISTRICT (WRPOD).
Mr. Bob Sullivan, Water/Sewer Systems Manager joined the meeting. Mr. Sullivan presented new versions of numbers 4 and 5 written up by Mr. Colin Haire, Water/Sewer Commissioner. Mr. Zisk stated that there could be a problem with zoning. The zoning is based on an outside regulation. Mr. Haire said he is not changing the zoning bylaws. A lengthy discussion ensued regarding zoning and Title V.
The Board went on to discuss other changes. Mr. Haire added wording to the Water Resource District section 8.1.2 that brings in the map to tie it to the bylaw. Mr. Brown objects to changing the bylaw based on the study done by FST. He would rather see the 1998 DEP report referenced. Mr. Sullivan can remove the wording that cites the FST study.
Mr. Haire and Mr. Sullivan reviewed the other changes that were made based on the concerns that were raised at the last meeting.
Mr. Brown is not comfortable making a recommendation on the WRPOD because the Board still has not seen a final copy. Mr. Chesebrough would like to see this passed over to the June continuation or the fall Town Meeting.
Mr. Zwicker made a motion to close the public hearing: Town of Douglas/Water-Sewer Dept.: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD). Ms. Sharkey seconded the motion. Vote: Aye-2, No-2, Undecided-1.
Mr. Zwicker made a motion to rescind the closing of the public hearing: Town of Douglas/Water-Sewer Dept.: Proposed Amendments to the Water Resource Protection Overlay District (WRPOD). Ms. Sharkey seconded the motion. Vote-Unanimous.
Mr. Zisk asked Mr. Haire for a clean version of the bylaw to give to the Planning Board a week or two prior to the next meeting. Mr. Haire and the Board discussed what should be presented to the Board before the next meeting. Mr. Werme would like to be shown clearly the difference between what is needed to be done to get into compliance and the other changes that are being done for other reasons.
Mr. Chesebrough left the meeting at 10:00 PM.
Ms. Sharkey 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 May 22, 2012 at 7:00 PM. Mr. Zwicker seconded the motion. Vote-Unanimous.

DISCUSSIONS:
1. Street Sweeping: Manzi Way & Downs Road. Ms. Sharkey made a motion to approve no more than $1,500 for sweeping Manzi Way and Downs Road using Phase 4 money. Mr. Werme seconded the motion. Vote-Unanimous.
2. ZBA Application: Guaranteed Builders (GBI), 105 Shore Road. Ms. Sharkey left the meeting at 10:20 PM. Mr. Zwicker reviewed the application. GBI is requesting that the ZBA revoke the neighbor’s building permit due to noncompliance of zoning due to Title V. The Building Commissioner, Adele Reynolds is saying that the permit has already been issued. The Planning Board objects to the request and is in agreement with Ms. Reynolds.
3. Nature View Estates bonding reduction request. The Planning Board reviewed a spreadsheet submitted by Mr. Cundiff, who suggested waiting a month to release 100% of the paving and some of the things done just last week to see how things settle. Mr. Ross Smith joined the meeting and updated the Board. The leveling coat and finish coat were done last week. He is requesting the release of the full amount for the topcoat of $25,544.47. He is asking $11,100 for the trees and he detailed the remainder of his requests. Drainage is working well. The only thing left to do is to sign the deed, if the Town accepts the road. Mr. Zisk stated that the $11,100 for trees was moved to Loam and Seed to get the amount up to today’s standards. The As-builts, raising the manhole and establishing grass are all that is left to be done.
Mr. Marks is fine with giving back most of the money. Mr. Chesebrough suggested keeping $5,000 for Legal and Engineering and keeping the contingency of $12,166. Mr. Chesebrough suggests giving him $80,259. Once the grass is established, Mr. Smith could request the remainder.
Mr. Chesebrough made a motion to reduce the Nature View Estates bond and return to Mr. Ross the sum of $80,259.03, which leaves $12,166.10 in contingency and $5,000 in Legal. Mr. Zwicker seconded the motion. Vote- Aye –4, No- 2: Mr. Brown and Mr. Werme.
4. Budget: 5% reduction request. Ms. Sharkey made a motion to cut the Planning Board budget by 5%, or $145.50. Mr. Zwicker seconded the motion. Vote-Unanimous.

MINUTES: March 13, 2012, March 27, 2012
Ms. Sharkey made a motion to approve the March 13, 2012 Planning Board meeting minutes as amended. Mr. Werme seconded the motion. Vote-Unanimous.
Approval of the March 27, 2012 Planning Board meeting minutes was deferred to the next meeting.

SIGN
1. Vouchers.
2. ZBA Application: Guaranteed Builders, 105 Shore Road.

OPEN SESSION
Ms. Sharkey got an email today from CMRPC. They currently have a sparse crew and they are still working on the bylaw. She sent the email to Mr. Cundiff.

11:04 PM ADJOURNMENT
Mr. Brown made a motion to adjourn the meeting at 11:04 PM. Mr. Zwicker seconded the motion. Vote - Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 601
Joined: Thu Jan 12, 2012 8:56 pm

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