July 24, 2012 Planning Board Meeting

July 24, 2012 Planning Board Meeting

Postby Mary Wright » Fri Aug 24, 2012 4:50 pm

TUESDAY, JULY 24, 2012

A meeting of the Planning Board was held on Tuesday, July 24, 2012. Mr. Marks called the meeting to order at 7:09 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, Robert Werme, Jr., Michael Zwicker, Tracy Sharkey, Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent)
ABSENT: Mark Mungeam

Ms. Sharkey recused herself and left the meeting. Mr. Chesebrough made a motion at 7:09 PM to go into Executive Session for the purpose of discussion of strategy with respect to litigation, Winter Street ANR and to return to regular session for the purpose of continuing the open meeting and completing the agenda. Mr. Zwicker seconded the motion. Roll Call Vote: Ernest Marks – Aye, Derek Brown – Aye, Eben Chesebrough – Aye, Michael Greco – Aye, Michael Zwicker – Aye, Robert Werme, Jr. – Aye.
Mr. Chesebrough made a motion at 7:40 PM to return to regular session for the purpose continuing the open meeting and completing the agenda. Mr. Zwicker seconded the motion. Roll Call Vote: Ernest Marks – Aye, Derek Brown – Aye, Eben Chesebrough – Aye, Michael Greco – Aye, Michael Zwicker – Aye, Robert Werme, Jr. – Aye.

Mr. Marks opened the public hearing. Mr. Robert Poxon, of Guerriere & Halnon, Inc. joined the meeting to represent KTKM’s plan to eliminate a cul-de-sac of off Old Carriage Lane, reconfigure two lots and make a modification to the property line of lot 16A. They are creating two new lots with frontage on Cobblestone Lane, 14A and 15A. There are no new lots or roadways. They kept the same number of lots. They will be eliminating a significant amount of impervious area. They are eliminating three drainage structures. Mr. Zisk has visited the site and did not see any sand deposits, which would indicate puddling. Work has not been started. Ms. Kerry Houghton stated that she has paid the taxes, however the paper work has not yet been received by the Planning Board. Discussion continued.
Mr. Ross Tubo asked if there would be any affect on the wetlands. Mr. Poxon replied that there would be less disturbance with this new configuration.
Mr. Chesebrough made a motion to close the public hearing, K.T.K.M. Realty Trust, Application for a Modification of a Definitive Subdivision Plan, located off Franklin Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Marks stated that the Planning Board would take time to review the draft decisions and conditions and would make a decision on August 14, 2012 at 7:30, contingent on receiving confirmation of the payment of taxes.

Mr. Marks reopened the public hearing. Mr. Steve O’Connell of Andrews Survey & Engineering joined the meeting on behalf of Funari Site Development. At the last meeting, two things were discussed: 1) the Board felt an 81W was the appropriate procedure for the reconfiguration of the lots and 2) number of lots. Mr. O’Connell felt there was a general consensus of the Board that perhaps 14 lots were acceptable. He would like to hear from Town Counsel and continue with that topic.
Mr. Jay Talerman, Town Counsel, joined the meeting and stated that there are elements in the bylaw that have latent ambiguities. Mr. Talerman feels the Basic Maximum Number (BMN) is 12, but there are varying interpretations. It is up to the Planning Board to decide. Mr. Talerman spoke about section 7.28.5. The purpose of that section is to say, as units go up, lots go up. That language does not support going over 12. He feels the most reasonable common interpretation is, you get 50% on top of whatever you can do, by right. You cannot do more than 150% of the original total. One can make a case to support 14, but he does not think that is the best case. If the Planning Board translates the language to get over 150%, they will be hamstrung if someone else comes in tomorrow.
A discussion was held regarding whether or not the required affordable is inside or outside the original eight. Mr. Talerman stated that the required affordable is inside. Mr. Talerman and Mr. O’Connell argued whether the required affordable is inside or outside.
Ms. Sharkey can support 12 with 2 market-rate within the division and 2 affordable outside to make 14. Mr. Zisk stated that the 2 affordable outside could be new or existing.
Ms. Carol Drake, 11 Douglas Hill Way wants to see only the minimum number of homes go into the development due to safety.
Mr. O’Connell discussed the required affordables. What are the units? Are they the basic maximum number? Mr. Talerman feels it is based on the bigger number.
A discussion ensued regarding rounding down or rounding up. Ms. Lori Funari, Funari Site Development stated that the other flexible development went by BMN and rounded down to three. Mr. Talerman responded that it was a different board then.
Mr. Chesebrough feels the number is 12, and round down for the affordable units. Mr. Brown feels the project should be capped at 50% for now and in the future. Ms. Sharkey brought up the topic of the density bonus. Mr. Cundiff stated that historically, it has been read that the density bonus is within the BMN. Mr. O’Connell and Ms. Funari argued that the bylaw does not say that. A discussion continued. It was the consensus of the Board to have 1 affordable unit and 11 market-rate units.
Mr. Roy Swenson, 565 North East Main Street asked what rounding down referred to. If the intent was to help the Town meet a 10% affordable housing goal, if you round down, the Town will never reach 10%.
Mr. Talerman asked that the task of clearing up the language of the Flexible Development bylaw be put on the agenda for the spring.
Ms. Sharkey made a motion to continue the public hearing, Funari Site Development, Application for a Flexible Development Special Permit “Whitin Reservoir Estates”, located off Douglas Hill way to August 14, 2012 at 7:45 PM. Mr. Chesebrough seconded the motion. Vote-Unanimous.
The Board held a five-minute recess.

Approval of the May 22, 2012 and June 12, 2012 Planning Board Meeting minutes was deferred to the next meeting.

1. Trailer Zoning Discussion. Mr. Zwicker recused himself. The Board members discussed the changes Mr. Chesebrough proposed for the trailer bylaw. Mr. Brown feels the wording is more restrictive for industrial zones than residential zones. He feels the wording does not currently address house trailers. Mr. Brown is leery of the “by right” provision. A discussion ensued.
Mr. Chesebrough presented his Plan B, which states that in all districts except VR, VV and RC-1, no more than three, and in VR, VV and RC districts, not more than one, by right. If someone wants more, they will need a special permit. Mr. Chesebrough stated that Mr. Dan Heney, Chair of the Zoning Board of Appeals (ZBA) feels that the ZBA should be the authority on trailer related issues. Mr. Zisk feels there is more study needed. The Planning Board will revisit this discussion on August 14, 2012. The Planning Board would like this item on the Fall Town Meeting warrant.
2. Douglas Solar, LLC, 0 Brookline Terrace: Complaints. Mr. Cundiff stated that a week and a half ago he received complaints about traffic, specifically tractor-trailer trucks, going down Glen Street and turning into Percy Street. He contacted the applicant and owner about the complaints and asked them to re-route traffic. The applicant agreed at first and then asked if tractor-trailers could use Brookline Terrace and other traffic use Percy Drive. Complaints are being logged and tracked for the project, and he is trying to work with all parties for a resolution.
Mr. Ed Liston of DG Clean Power and Ms. Joyce Guiou joined the meeting. They are agreeable to all heavy traffic using Brookline Terrace. All tractor-trailers are now using Brookline Terrace, however they would like the approximately 20 workers to use Percy Drive. Mr. Zwicker suggested that if a vehicle has a commercial tag, it should use Brookline Terrace; all other vehicles could use Percy Drive. A discussion ensued.
Ms. Julie Vinson, 23 Glen Street stated that there is a schoolbus stop on Glen Street. She is very concerned about the safety of the children with all the increased traffic. She argued that Percy Drive was not mentioned in any of the project documents and none of the residents were notified, therefore she feels those roads should not be used by the project. Mr. Mark Lewis, 2 Percy Drive agrees with Ms. Vinson. He also complained about the noise level. He stated that hammering starts at 6:00 am.
Mr. Harry Kalagher, 24 Glen Street, also spoke in favor of all project traffic using Brookline Terrace.
Mr. Liston stated that the traffic peak will be done by the end of August.
Ms. Sharkey stated that the applicant must go by the permit that was issued. Glen Street and Percy Drive were not specifically mentioned in the permit. The traffic is a direct result of the project, and the applicant needs to implement necessary safety controls.
Mr. Marks stated that Mr. Liston should encourage all the people that are on the project to use Brookline Terrace. It was the consensus of the Board that the situation would be monitored for two weeks and further complaints would be revisited at the August 14, 2012 meeting. Nothing with commercial tags can use Percy Drive. Mr. Liston stated that he would do everything he could to minimize the traffic.

Mr. Brown suggested that cases that come before the Planning Board have a case ID number. It was the consensus of the Board to not have case ID numbers as long as the naming of the cases is consistent from meeting to meeting.
Ms. Sharkey gave an update on the Central Mass Regional Planning Commission (CMRPC). Ms. Vera Kolias will have a draft to Ms. Sharkey by the end of next week.

Mr. Zwicker made a motion to adjourn the meeting at 10:32 PM. Ms. Sharkey 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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