August 14, 2012 Planning Board Meeting

August 14, 2012 Planning Board Meeting

Postby Mary Wright » Mon Oct 29, 2012 12:33 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, AUGUST 14, 2012

A meeting of the Planning Board was held on Tuesday, August 14, 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, Robert Werme, Jr., Michael Zwicker, Tracy Sharkey, Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent)
ABSENT: Mark Mungeam

7:08 PM PUBLIC HEARING CONTINUED: AMERICAN PRO WIND (SPR 10.0614-01) APPLICATION FOR SITE PLAN REVIEW: LOCATED ON THE SOUTH SIDE OF ROUTE 146 (WEBSTER STREET) ABUTTING THE WEBSTER TOWN LINE:
Mr. Marks opened the public hearing. He stated that the applicant requested a continuance to September 2012. Mr. Chesebrough stated that he read in the Telegram & Gazette that the state voted to extend local state permits for a two-year period, however he does not know what types of permits it applies to. He asked Mr. Cundiff and Mr. Zisk to find out the specific language. A discussion ensued. Mr. Zwicker stated that it should be conveyed to American Pro Wind that they cannot continue discussion until it is shown that taxes have been paid. Mr. Marks asked for American Wind to provide an update of where they stand.
Ms. Sharkey made a motion to continue the Public Hearing: American Pro Wind, Application for Site Plan Review to October 9, 2012 at 7:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:15 PM REDUCED LOT FRONTAGE EXCEPTION PLAN: LOUIS C. TUSINO, 208 YEW STREET
Ms. Sharkey recused herself. Bill Pybas of GBI presented the plan on behalf of the applicant. There are 30 acres with just under 73’ of frontage, which was left off the original plan in 1983. Mr. Tusino wants to build a house there. Mr. Zisk explained the plan. The property is not being divided. Mr. Zisk stated that 99% of the language and the questions he had have been cleared up. It has been partially surveyed. The Board has to determine if they want to have a full survey. Mr. Zisk feels it meets the bylaw requirements. Mr. Cundiff feels an on-the-ground survey would be required.
Mr. Chesebrough made a motion to endorse the Lot Frontage Exception Plan for the applicant, Louis C. Tusino, 208 Yew Street as presented. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:34 PM PUBLIC HEARING: TRACY DURAND (AA 12.0717) APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT, 137 MARTIN STREET.
Ms. Sharkey rejoined the meeting. Mr. Marks opened the public hearing. Ms. Tracy Durand joined the meeting. Mr. Zisk presented the application. The house is not yet built. The Accessory Apartment will be in a walk-out basement of a single-family home. It will be less than 900 sq ft. The Board reviewed the plans and the application.
Mr. Zwicker made a motion to accept the Application for an Accessory Apartment Special Permit, Tracy Durand, 137 Martin Street. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:42 PM DECISION MEETING: K.T.K.M. REALTY TRUST (MOD 12.0628) “STONE GATE AT DOUGLAS”, APPLICATION FOR A MODIFICATION OF A DEFINITIVE SUBDIVISION PLAN, LOCATED OFF FRANKLIN STREET
Mr. Zisk stated that all the taxes have been paid and all the documentation is present.
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. Mr. Brown seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve a modified definitive plan entitled “Modified Definitive Plan of Land ‘Stone Gate’ in Douglas, MA” dated April 11, 2012. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:49 PM DISCUSSION: “EVERGREEN ESTATES” FLEXIBLE DEVELOPMENT, LOCATED WEST OF SOUTH STREET/NORTH OF CHESTNUT STREET.
Mr. Cundiff stated that they are looking to get the Board’s interpretation of the status of the permit, as to whether or not it was exercised. There has been no physical construction. The Board would like them to submit their question in writing for the next meeting. Further discussion was moved to September 11, 2012.

7:52 PM ANR PLAN: FREDERICK CROSSMAN & EDWARD GATELY, MAKOWSKI DRIVE
Mr. Byron Andrews of Andrews Survey and Engineering joined the meeting to present the ANR. Taxes on this lot are not up to date. Mr. Andrews presented a copy of an email discussion between Atty. Jay Talerman and the owner’s attorney. A discussion was held. Mr. Zisk has issues with the status and location of Makowski Drive. There is no building permit. Mr. Andrews stated that he would not be opposed to the town holding the mylars until the taxes are paid. Ms. Sharkey said the procedure needs to be consistent with every applicant. The Board was in agreement that they would not discuss this plan until the taxes are paid.
Mr. Brown made a motion to reinstate the cancelled August 28, 2012 meeting. Mr. Werme seconded the motion. Vote: Unanimous.
Mr. Brown made a motion to withdraw the above motion after discussion. Mr. Werme seconded the motion. Vote: Unanimous.
Mr. Brown made a motion to have a special meeting with a one-item agenda on August 21, 2012, 7:00 PM. Mr. Werme seconded the motion. Vote: Unanimous.

8:22 PM PUBLIC HEARING CONTINUED: FUNARI SITE DEVELOPMENT (FD 12.0403): APPLICATION FOR A FLEXIBLE DEVELOPMENT SPECIAL PERMIT “WHITIN RESERVOIR ESTATES”, LOCATED OFF DOUGLAS HILL WAY
Mr. Marks reopened the public hearing. Mr. Steve O’Connell of Andrews Survey & Engineering and Lori Funari of Funari Site Development joined the meeting. Mr. O’Connell would like firm assurance of the number of units they can have so that they can move forward.
Mr. O’Connell amended the application to show how they are coming up with the bonus lots. Ms. Funari asked if it were acceptable to the Board to offer the town $10,000 in off-site work for the cash equivalent bonus lot. Mr. Cundiff explained that his office has prepared a design of the drainage improvements on Northwest Main Street. To work towards that, would be more beneficial to the town. A discussion was held.
The Board was in consensus that the number should be 12. Ms. Funari said the cash equivalent bonus lot would be an issue for them. A discussion was held as to how to determine the value of a lot. Mr. Cundiff suggested that the Board come up with a methodology moving forward. Mr. Cundiff stated that until the modification to the approved subdivision plan is filed and finalized, the roadwork is at their risk.
Mr. Robert Muniz, 243 North West Main Street asked if the bonus lot were in addition to the 12 and the answer is no. He spoke about the drainage issue. He notified the Board that he is trying to find out about the present quality and quantity of the abutting wells to establish a baseline to see if the abutters’ wells are affected by this project. Mr. Marks stated that the Board of Health would be the board to approach with this information.
Mr. Chesebrough 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 September 11, 2012 at 8:00 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.
The Board held a 5-minute recess.

9:00 PM DISCUSSION: CMRPC – SIGN BYLAW
Ms. Vera Kolias from Central Mass Regional Planning Commission (CMRPC) joined the meeting. In the packet is a draft memo that address the following four questions from the Board: 1) Should the signed bylaw remain a general bylaw or be moved into the zoning bylaw, 2) Concerns regarding political signs and temporary signs in general, 3) How the signed bylaw works for administration, enforcement and appeals and 4) A matrix that organizes the text within the bylaw. A discussion was held. Ms. Kolias pointed out that the current bylaw does not note that temporary signs are allowed in the business district. She suggested considering different sized signs for residential and business districts. The Board was in consensus to take more time to review the draft. Mr. Chesebrough suggested putting this item on the agenda for a public hearing.
Mr. Marks asked Ms. Kolias to add that signs are not to be placed on memorial squares and town commons and are subject to removal by the Highway Dept. Ms. Kolias asked for direction from the Board before the end of September.

DISCUSSIONS:
1. Trailer Zoning Discussion. Mr. Zwicker recused himself. Mr. Chesebrough submitted a revised draft. Mr. Brown is concerned about the process that has been taken to revise this bylaw. He discussed the state law and suggested how the process should be done in the future. He suggested not discussing the issue further and sending a letter to Atty. Henry Lane asking him to send the issue to the Board of Selectmen to follow procedure. Mr. Marks feels there is no problem with discussing the issue and there would be a public hearing before anything is acted upon. Further discussion was moved to September 11, 2012 at 7:00 PM.
2. Request for Release of Bond for Briarwood Circle: Fidelity Financial, Inc. Mr. Zwicker rejoined the meeting. Mr. Cundiff stated that the work is substantially completed and that it would be appropriate to release the security of $125,000.
Mr. Chesebrough made a motion to approve the release the bond being held for Briarwood Circle in the amount of $125,000 to be returned to Fidelity Financial, Inc. of Hyannis, MA. Ms. Sharkey seconded the motion. Vote: Unanimous.
3. Request for Accessory Apartment Special Permit Extension: Scott & Debra Valis, 13 Yew Street. A discussion was held. The Board had no concerns.

MINUTES
Mr. Chesebrough made a motion to approve the July 10, 2012 Planning Board meeting minutes as amended. Mr. Werme seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the July 24, 2012 Planning Board meeting minutes as amended. Mr. Werme seconded the motion. Vote: Unanimous.

SIGN:
1. Accessory Apartment Special Permit Extension: Scott & Debra Valis, 13 Yew Street.
2. Certificate of Approval of a Definitive Plan: KTKM Realty Trust, “Stone Gate”, located off of Franklin Street.

OPEN SESSION
Regarding the discussion of American Pro Wind’s Application for Site Plan Review, Ms. Sharkey found out that the state’s permit extension is for four years. Anything in existence is extended for two more years. The variance for American Pro Wind would have expired in November 2012. It is now extended to November 2014.
Request for Accessory Apartment Special Permit Extension: Kelly Graveson, 141 Northwest Main Street. Mr. Chesebrough made a motion to approve the Accessory Apartment Special Permit Extensions for Scott & Debra Valis, 13 Yew Street and Kelly Graveson, 141 Northwest Main Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Cundiff presented layout plans for Shady Knolls II that need to be signed by the Planning Board.
Mr. Cundiff presented a document from Smith Hill Estates. The check for the release of their bond money was made out to Smith Hill Estates and that company has been dissolved. A release agreement drafted by Town Counsel needs to be signed.
Mr. Zisk stated that the rest of the road at Stone Gate was paved last week.

10:23 PM ADJOURNMENT
Mr. Zwicker made a motion to adjourn the meeting at 10:23 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 573
Joined: Thu Jan 12, 2012 8:56 pm

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