April 9 2013 Planning Board Meeting

April 9 2013 Planning Board Meeting

Postby Mary Wright » Tue Jul 16, 2013 7:05 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, APRIL 9, 2013

A meeting of the Planning Board was held on Tuesday, April 9, 2013. Mr. Marks called the meeting to order at 7:03 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 (left the meeting at 9:12 PM), Michael Greco, Tracy Sharkey, Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer)
ABSENT:

DISCUSSION
1. 7:03 PM Deer Crossing: Old Farm Road: Mylar Plans/Surety & Lot Release
Mr. Cundiff passed out a map of the project. They are looking to get Old Farm Road accepted as a public way at the town meeting. That is only a portion of the project. Last fall the remaining portion was paved. Mr. Cundiff said that everything looks good.
Mr. Tim Nealon of Deer Crossing, LLC asked the Planning Board to consider the establishment of a bond for the balance of the lots on Woodland Road from South Street to the intersection of Old Farm Road in the total amount of $172,270. He would like to post the balance of that bond, which would include the cash bond of $45,000. They need to pave the roadway, finish the sidewalk and do some repair. Mr. Cundiff does not have a problem with the concept as proposed by Mr. Nealon. A discussion was held.
Mr. Chesebrough made a motion to approve the release of lots 30A, 31A, 33B, 39A, 40, 41, 42, 44, 52, 53, 54, 56A, 57A, and 58A from Deer Crossing, provided that the Town Engineer has been instructed not to release said lots until the tripartite agreement is finalized and funded in the total amount of $172,270.15, and further not to release said lots until all taxes are current on an individual lot basis. Mr. Werme seconded the motion. Vote: Unanimous.

7:20 PM ANR PLAN: JOEL SMITH, 91 MARTIN ROAD
Mr. Mike Yerka of Civil Site Engineering, LLC joined the meeting and presented the ANR plan. Mr. Cundiff stated that it is up to the board to decide if 10% grades along the entire length of frontage is a an access-limiting feature. Mr. Yerka said the 10% grade is just from the pavement and in about 10 feet. From there it is perfectly flat. Mr. Yerka has a call in to Mr. Smith to discuss reducing the grade. A discussion was held.
Mr. Chesebrough made a motion to endorse the ANR Plan of Joel Smith located at 91 Martin Road. Mr. Zwicker seconded the motion. Vote: Unanimous, Ms. Sharkey abstained.

7:34 PM PUBLIC MEETING: DOUGLAS PLANNING BOARD: PROPOSED CHANGES TO THE TOWN OF DOUGLAS SIGN BYLAW.
Mr. Marks opened the public meeting. Mr. Marks stated that the Sign Bylaw Committee would continue to meet to prepare a complete revamp of the sign bylaw for the Fall Town Meeting. This article will be on the May Town Meeting. It provides an avenue for people to seek a waiver from the Board of Selectmen on any section of the bylaw. Mr. Cundiff went through the amendment. The three main changes are: renumbering the entire bylaw, amending the title of 10.2.3 from “Enforcement” to say “Enforcement and Waiver”, and the specifics about the waiver process. Everything had been reviewed with town counsel.
Mr. Chesebrough suggested inserting “may” into the second paragraph to read “Any finding by the board that public health, welfare or safety may require …” He also suggested having the entire Sign Bylaw or a handout of section 9.2.3.1 available at Town Meeting.
Mr. Chesebrough made a motion to close the public meeting, Douglas Planning Board, Proposed Changes to the Town of Douglas Sign Bylaw. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion that the Chairman, Mr. Marks, give a favorable report of this Sign Bylaw Amendment to the May 6, 2013 Annual Town Meeting. Mr. Greco seconded the motion. Vote: Unanimous

7:45 PM PUBLIC HEARING CONTINUED: AMERICAN PRO WIND (SPR-100614) APPLICATION FOR SITE PLAN REVIEW: Located on the south side of Route 16 (Webster Street), abutting the Webster Town Line.
Mr. Marks continued the public hearing. Mr. Maurice Caparrotta from American Pro Wind joined the meeting. He reviewed that Massachusetts utilities issued a request for proposals for the purchase of renewable energy. Bids are due by May 5th. He also stated that they went ahead with selling the rights to the project. They anticipate closing with EDP Renewables by the end of the month. Mr. Brian Dunback, from EDP Renewables of Houston, Texas joined the meeting and spoke about the company. They are looking at this site because they feel this project has the potential to obtain a contract through the Mass utilities RFP.
Mr. Dunback said they would be going forward with the same application. Mr. Marks asked about the outstanding taxes on some of the parcels. Mr. Caparrotta is aware of that and will be trying to collect those taxes. In the event that they cannot collect, American Pro Wind will pay for those taxes at the closing. Mr. Brown would feel most comfortable with a new application. Mr. Dunback will have a review available at the next meeting. Mr. Chesebrough cautioned that the variance might run out in a year or two.
Mr. Robert Anders of Blue Road Hill asked if the Environmental Impact Study had been done. Mr. Caparrotta replied that the Site Plan Review still needs to be done. Once that plan is approved, they will request that study.
Mr. Zwicker made a motion to continue the public hearing, American Pro Wind (SPR-100614), Application for a Site Plan Review to August 13, 2013 at 7:00 PM. Mr. Chesebrough seconded the motion. Vote: Unanimous.

7:58 PM PUBLIC HEARING CONTINUED: LOUIS TUSINO (MOD-130225) APPLICATION FOR A MODIFICATION OF A SUBDIVISION PLAN, CARDINAL DRIVE
Ms. Sharkey recused herself. Mr. Marks continued the public hearing and presented a letter from the applicant asking to continue to the public hearing to the next meeting.
Diane Kohler, 68 Riedell Road asked why a continuance was requested. Mr. Cundiff stated that the applicant had received information from town counsel. Ms. Kohler asked for that information, and it was provided to her and others who were present.
Mr. Cundiff will draft a letter to the lot owners to ask if they agree or disagree with the proposed modification, relative to conditions 1 & 2. Mr. Brown felt that the applicant should pursue that information. Mr. Cundiff agreed and will draft a letter to the applicant.
Mr. Cundiff stated that approved plans show a waterline going in the other driveway.
Ms. Kohler asked why there would be a need to bring a water line for one house when the adjacent house has a well. Mr. Marks stated that there was a regulation that if town water ran by property that a developer was developing and there was access to hook up to town water, the developer would have to hook up at their expense. Ms. Kohler stated that she and the residents of Reidell Road are concerned that bringing in a water line would lead to more development.
Mr. Zwicker made a motion to continue the public hearing, Louis Tusino (MOD-130225) Application for a Modification of a Subdivision Plan, Cardinal Drive to April 23, 2013 at 7:00 PM. Mr. Greco seconded the motion. Vote: Unanimous.

8:20 PM DISCUSSION
2. Whitin Reservoir Estates. Ms. Sharkey rejoined the meeting. Mr. Cundiff distributed the covenant, which had come in that afternoon. Mr. Cundiff told Steve O’Connell from Andrews Survey and Engineering that they need mylars for each sheet. The definitive sheet looks fine, and Mr. Cundiff recommended endorsing the lot layout mylar at the end of the meeting.
Mr. Chesebrough made a motion to endorse the recordable plan for the Whitin Reservoir Estates modification. Ms. Sharkey seconded the motion. Vote: Unanimous
Mr. Cundiff presented a response from town counsel regarding the applicant’s inquiry regarding review and inspection fees. The applicant feels they may have a right to the original review and inspection fees of $1,722 that are in an account for the project. Town counsel does not believe that adequate documentation has been provided. A discussion was held.
Mr. Zwicker made a motion to transfer the balance in the Review and Inspection accounts for Whitin Reservoir Estates to the new Review and Inspection accounts for the modification of Whitin Reservoir Estates. Mr. Chesebrough seconded the motion. Vote: Unanimous.
Mr. Cundiff stated that there is a pre-construction meeting scheduled for 9:00 AM Friday. Mr. Cundiff told Ms. Lori Funari from Funari Development that he would need the balance of the Review and Inspection account as soon as possible.
Mr. Cundiff stated that the applicant proposed a covenant, which he sent to town counsel. Town counsel suggested some edits. Mr. Cundiff added “…as otherwise deemed appropriate by the Planning Board.” Mr. O’Connell felt the additions were unnecessary and excessive. A discussion was held. It was the consensus of the board that as long as Mr. O’Connell provided certification that the drainage system was installed properly, which Mr. O’Connell said he has, then the edits on Page 2, Item 2, are acceptable.
Regarding the wording for item 7, Mr. Cundiff said that Atty. Jay Talerman indicated that he had included that language in some of his more recent covenants. The edits were made to protect against inadequate surety. Mr. Zwicker suggested reviewing bonds every year. A discussion was held. Mr. Chesebrough suggested adding “…unless such release is voted by the Planning Board.” Mr. Cundiff will make the edits and send it back to Ms. Funari to be signed.
Mr. Chesebrough made a motion to approve the covenant for Whitin Reservoir Estates as amended. Mr. Zwicker seconded the motion. Vote: Unanimous.
3. Conservation Drive: Proposals for Road Layout & Acceptance Plan. Mr. Cundiff received an email from Highway Superintendent, John Furno who received an estimate of approximately $26,000 to pave Conservation Drive. There will be a layout hearing with the Board of Selectmen on April 23, 2013.
4. Stonegate Estates: Earth Removal Tripartite Agreement. Mr. Cundiff received a letter from the developer requesting that the Earth Removal bond be removed. Mr. Cundiff said that there is still a stockpile of sand in the area. It is not established with loam and seed.

MINUTES: March 12, 2013
Mr. Zwicker made a motion to accept the March 12, 2013 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote: Aye-5, No-1.

OPEN SESSION
Mr. Cundiff presented the article for the May Town Meeting that would allow the town to accept money from the Whitin Reservoir Estates project and utilize it for draining improvements, etc. They are calling it a Revolver Account.

9:33 PM ADJOURNMENT
Mr. Zwicker made a motion to adjourn the meeting at 9:33 PM. Mr. Werme seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 498
Joined: Thu Jan 12, 2012 8:56 pm

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