October 25, 2016 Planning Board meeting

October 25, 2016 Planning Board meeting

Postby Mary Wright » Sun Jan 29, 2017 5:36 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, OCTOBER 25, 2016

A meeting of the Planning Board was held on Tuesday, October 25, 2016. Mr. Marks called the meeting to order at 7:02 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chairman), Eben Chesebrough, Michael Greco, Tracy Sharkey, Aaron Socrat (Associate Member), Robert Werme, Jr., Michael Zwicker
ABSENT: Ken Ballou
NON-VOTING: William Cundiff (Town Engineer)

7:02 PM PUBLIC HEARING CONTINUED: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK (DEF 160316): Application for a Definitive Subdivision Plan “Sleepy Hollow”, 439 Northeast Main Street and 34 & 36 Davis Street
This public hearing was held concurrent with the hearing below.

7:02 PM PUBLIC HEARING CONTINUED: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK (ER 160815): Application for an Earth Removal Special Permit (Phase 3), 439 Northeast Main Street and 34 & 36 Davis Street
Normand Gamache of Guerriere and Halnon joined the meeting. He stated that they have had several meetings with the Conservation Commission regarding construction of the detention basin, crossing and looped water line. At this point, they have decided that they will not install the water line, but they will reserve the easement.
They have also had discussions with legal counsel regarding the 100’ buffer. Mr. Gamache stated that it is their interpretation of the Douglas bylaw that if the purpose of an excavation project is for building purposes, the 100’ buffer does not apply (sections 6.1.6.3 and 4). If the Planning Board agrees, the subdivision road can be re-graded and the earth removal plan for phase 3 of the project modified. Mr. Gamache plans to come back to the Planning Board with a revised plan.
Mr. Gamache and Mr. Cundiff do not agree. Mr. Cundiff stated that he agrees that a 100’ buffer is exempt for building purposes. He and Mr. Gamache disagree on what is necessary to excavate for work associated with the road construction. The road can be built pulling it 100’ off the abutting property lines and keeping the same grades of the road. A discussion was held.
Jeremy Flansburg, 63 Monroe Street is disappointed that the applicant is going back to plan that was proposed in June. He urged the Planning Board to hold the applicant to the 100’ buffer zone. He asked if the Planning Board has sent the applicant a letter asking when phase 2 will be reclaimed. He would like to see a copy of the letter. Mr. Cundiff replied that two days after the last meeting, Jim Pyne did send a letter addressing that issue.
Dennis Michalik, 415 Northeast Main Street suggested, if the applicant no longer has a waiver for the cul-de-sac of 400’, the problem no longer exists. Mr. Marks stated that they have not voted on any waivers.
Jim Woodward, 19 Monroe Street asked what the current bylaw is. He wants to know if he has a 50’ or 100’ buffer. Mr. Marks stated that it depends on what type of application is submitted. Mr. Cundiff explained the bylaw and the Planning Board’s role. In response to Mr. Woodward’s question, Mr. Gamache answered that the grade from the road base to Mr. Woodward’s property line is either 2:1 or 3:1.
Ms. Sharkey made a motion to continue the public hearing for JMT Sleepy Hollow, LLC & James T. Fitzpatrick (DEF 160316), Application for a Definitive Subdivision Plan, 439 Northeast Main Street and 34 & 36 Davis Street and also to continue the public hearing for JMT Sleepy Hollow, LLC & James T. Fitzpatrick (ER 160815), Application for an Earth Removal Special Permit, 439 Northeast Main Street and 34 & 36 Davis Street to December 13, 2016 at 7:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Gamache will send Mr. Cundiff an email extending the Planning Board’s deadline for a decision to the end of January, 2017.

7:40 PM PUBLIC HEARING: PYNE SAND & STONE COMPANY/ESTATE OF HARRY BEDOIAN (ER 161005): Application for an Earth Removal Special Permit, Gilboa Street
Mr. Marks opened the public hearing. Normand Gamache of Guerriere and Halnon joined the meeting. He presented revised plans which address comments received from Mr. Cundiff. He presented letters requesting waivers and stating why they feel they should be granted a Special Permit. Some monitor wells have been installed.
The original plan showed a connector road, which was removed from the revised plan. In 2011 Northbridge, Douglas and Uxbridge worked on designing this road. The project was fully approved, but the obstacle to construction has been the hill. In order to get ready to build the road, material needs to be taken out.
A dust control plan was not submitted. Mr. Pyne explained if the area is excavated from the Pyne Sand & Stone side (back) in a U-shape, the excavation will be 40’ down on the ground. All the trees and vegetation on the outside of the hill will be left. Mr. Pyne feels this design will preclude noise and dust from blowing out into the street in any direction. The excavation will be two 40’ cuts over a long period of time. The Planning Board asked for a plan to be submitted in writing.
A cost for restoration was not submitted. Mr. Gamache explained that they wish to negotiate the cost when the permit is being discussed and approved. The long-term plans for excavation were discussed. They are asking for a waiver to supply a cost for restoration. Mr. Cundiff stated that this waiver is typically granted, and it will not stop him from calculating a bond when the decision is drafted.
Mr. Cundiff would prefer if the applicant applied for a 10-acre permit and a rolling surety. Mr. Pyne stated that would be fine if they could still phase the project.
A waiver to supply drainage calculations was submitted because they have designed the site so that water will drain into the bottom of the excavation area.
Mr. Gamache stated that a master plan layout and grading can be added to this plan. Phase 1 would remain with the six acres and each phase submitted as they approach it. Ms. Sharkey would like Mr. Cundiff to review the comments that were submitted today. Mr. Gamache submitted a narrative for 9.3.2. He feels the traffic will be the same as it is now. Mr. Cundiff will ask that the decision show the various phases with the understanding that a portion of this plan is phase 1.
Mr. Chesebrough made a motion to grant the waivers as shown on a letter requesting waivers dated October 25, 2016 for the Pyne Sand & Stone Company, Estate of Harry Bedoian (ER 161005), Application for an Earth Removal Special Permit, Gilboa Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to close the public hearing, Pyne Sand & Stone Company, Estate of Harry Bedoian (ER 161005), Application for an Earth Removal Special Permit, Gilboa Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the Application for an Earth Removal Special Permit, Pyne Sand & Stone Company, Estate of Harry Bedoian (ER 161005), Gilboa Street, subject to conditions as discussed. Mr. Greco seconded the motion. Vote: Unanimous.

8:20 PM PUBLIC HEARING: BRIAN & BRENDA WILCOX (AA 161006):
Application for an Accessory Apartment Special Permit, 125 Perry Street
Mr. Marks opened the public hearing. The living space calculation does not include the three-season room or the basement workshop. The basement will be unfinished. Mr. Wilcox was in the audience. The Planning Board informed the applicant that the accessory apartment and the main house need to be accessible to each other, on all floors including the basement, and there cannot be an outside door attaching the two.
Mr. Cundiff read the comments from the Building Inspector and Board of Health. The additional bedroom will require an upgrade to the septic system, which has not yet been done. The plan does require a filing with the Conservation Commission. A discussion was held.
Mr. Cundiff will speak with the Building Inspector to get some clarifications. He suggested including gray areas in the waiver request instead of trying to minimize the waiver for the square footage.
Ms. Sharkey made a motion to continue the public hearing for Accessory Apartment Special Permit (AA 161006) for Brian and Brenda Wilcox, 125 Perry Street to November 9, 2016 at 7:15 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:43 PM PUBLIC HEARING CONTINUED: ROBERT C. & MARIBELLE HARE, ALLEN G. RILEY & HUNTS POND, LLC (DEF 160628): Application for a Definitive Subdivision Plan “The Lane at Hunt’s Pond”
Ms. Sharkey recused herself and remained at the table. Eric Bazzett of Heritage Design Group joined the meeting. He presented details on the stormwater basin and work proposed on Main Street. He also proposed a pullover for mail delivery.
Louis Tusino, 12 West Street asked questions about a drainage pipe. Mr. Cundiff asked Mr. Bazzett to dye test the pipe so that it is known where the outlet is. It was the consensus of the Planning Board that it is not the applicant’s responsibility to fix the system. It is the Town’s responsibility to find the pipe and find out where it goes before anyone hooks into it.
Mr. Bazzett does have details on the construction specs for the detention basin. There is no vegetation planned other than lawn. They do have easements for maintenance. A double manhole catch basin will be added to the next revision.
Mr. Chesebrough made a motion to continue the public hearing, Robert C. & Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF 160628), Application for a Definitive Subdivision Plan “The Lane at Hunt’s Pond” to November 9, 2016 at 7:30 PM. Mr. Greco seconded the motion. Vote: Aye-5, Ms. Sharkey abstained.
Ms. Sharkey rejoined the meeting.

9:06 PM Louis Tusino, Shore Road: ANR Plan
Mr. Tusino joined the meeting. Mr. Tusino said that five people have bought lots on Shore Road. He said that the Planning Board said those lots can come out of the subdivision, but Mr. Tusino feels that that can’t be done. Those lots cannot enter or exit on Shore Road because it is a private road. He reviewed sections of the bylaws that support his case.
Mr. Tusino said that the building permit says “he” is building a 12’x 32’, which is larger than a shed and no height is listed.
Mr. Tusino stated that the Building Inspector issued a building permit and told him to put stones along the road. Mr. Lenk disagreed.

DISCUSSION:
1. Evergreen Estates update: Mr. Cundiff presented photos that he took today. He is concerned because there is no point person he can deal with and no one person managing the project. Recently, gravel was put down for the sidewalk base. There was a rain event on Friday night and sediment that had washed down the hill was placed on the base. There are still gulleys and sediment buildup on the roadways.
Mr. Cundiff needs schedules submitted and inspections to occur. Heritage is only responding on an as-needed basis. Mr. Cundiff needs some recommendations from Eric Bazzett of Heritage Design group for a mechanism to be sure the water coming down the hill is not going onto South Street.
Andy Lenard joined the meeting on behalf of the developer, Jackson Song. He is not actively involved with the construction of the project.
A gentleman who identified himself as a contractor “…who is a friend of Heritage’s”, would like to see everything cleaned up and the edges addressed. He will ask Keating to raise the berm ½”. They are scheduled for Thursday. Mr. Cundiff informed the gentleman that any changes or revisions need to go through Mr. Bazzett and be submitted to his office.
If a point person cannot be identified at this meeting, then the Town will hire someone at the applicant’s expense.
Mr. Song stated that he is willing to hire a project manager, but it is very difficult to find someone who is not too busy to accept the job. He feels the best person would be Andy Lenard. Mr. Lenard stated he will get the project to the berm. Mr. Cundiff was fine with this solution, however nothing else should happen until a qualified person is appointed to oversee the project. The berm should be in and a qualified person appointed by Friday. Mr. Song will try to reappoint Kip to the position. Mr. Marks stated that if someone is not appointed by Friday, the Board will hire an engineer to take over at the applicant’s expense. Mr. Cundiff will solicit prices from three firms and see who has someone available. Authorization will be provided by Mr. Marks.
2. 2017 Meeting Schedule. Ms. Sharkey made a motion to approve the 2017 Douglas Planning Board Meeting Schedule as presented. Mr. Socrat seconded the motion. Vote: Unanimous.
3. Request for an Accessory Apartment Special Permit Extension: Alex Ferguson, 298 South Street (AA010910). See item #5.
4. Request for an Accessory Apartment Special Permit Extension: Kenneth Hansen, 29 Shore Road (AA040819). See item #5.
5. Request for an Accessory Apartment Special Permit Extension: David and Shannon Roddy, 94 Pine Street (AA131105).
Mr. Chesebrough made a motion to approve the Accessory Apartment Special Permit Extensions for Alex Ferguson, 298 South Street (AA010910), Kenneth Hansen, 29 Shore Road (AA040819) and David and Shannon Roddy, 94 Pine Street (AA131105). Mr. Zwicker seconded the motion. Vote: Unanimous.
6. Minutes: October 11, 2016
Approval of the October 11, 2016 Planning Board meeting minutes was deferred to the next meeting.

OPEN SESSION:
Jim Pyne joined the meeting for a discussion about the bonding amount for earth removal. At the last meeting, a permit was signed for the Bosma property. The size of the operation was rounded up to 3 acres and $90,000 is requested for bonding, which is $30,000/acre. In the past, the amount has been $14,000/acre. Last year he reclaimed phase 1 at Sleepy Hollow, which was 4 acres. The itemized real cost to reclaim that was $10,480. He asked the Planning Board to consider reducing the bonding to $14,000/acre for the Bosma property and the permit that was just approved. He feels he represents most, if not all, of the earth removal in Douglas.
Mr. Cundiff stated that these amounts are not what it would cost for the Town to do the same scope of work. Mr. Pyne’s numbers were obtained using a different methodology. When the $14,000/acre was employed 5-6 years ago, Mr. Cundiff did a calculation and the number he came up with was $28,000, but the Board decided to lower it. Since then, Mr. Cundiff felt it was time to redo the calculation. A discussion was held.
Mr. Chesebrough made a motion that the reclamation bond requirements for earth removal at the Bosma site and the entire Bedoian/Pyne site be set at $15,000/acre. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Marks stated that he received a letter in response to the Planning Board’s letter sent to Jim Pyne about extending the permit for Sleepy Hollow. Mr. Cundiff stated that the permit is beyond its permit timeline and the site has not been restored. The applicant is asking for another six months to wrap up phase 2 at Sleepy Hollow.
Mr. Chesebrough made a motion that the expiration date for the earth removal permit for phase 2 of the Sleepy Hollow project be extended until May 31, 2017. Ms. Sharkey seconded the motion. Vote: Unanimous.

9:58 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:58 PM. Mr. Werme seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
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