December 22, 2016 Planning Board meeting

December 22, 2016 Planning Board meeting

Postby Mary Wright » Sun Jan 29, 2017 5:37 pm

PLANNING BOARD MEETING MINUTES
THURSDAY, DECEMBER 22, 2016

A meeting of the Planning Board was held on Thursday, December 22, 2016. Mr. Marks called the meeting to order at 7:10 PM and announced that the meeting is being recorded and will be available on cable and on the website.

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

7:10 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.

7:10 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. Mr. Cundiff stated that the applicant submitted a sketch plan that goes back to a design similar to the original design, where the earth removal goes right up to the property lines of some abutting properties on Monroe Street.
Mr. Cundiff stated that it would be appropriate for the Board to come to a consensus on zoning bylaw regulatory section 6.1.6.3. Mr. Cundiff read the related section of the bylaw. The question to be answered is whether or not an approved building purpose includes subdivision construction and the excavation associated with the plan and road vs. approved building purposes to be a house foundation, septic, etc. Mr. Cundiff does not think it is necessary to excavate as much as is being proposed to build the road, because he does not think that the grading is integral for road construction.
Mr. Gamache says the bylaw states “for building purposes”. He read the performance standards. He explained what is needed to design a subdivision road. Mr. Gamache stated that the applicant’s interpretation of the bylaw is that the construction of the road and the grading associated with it is exempt from the 100’ buffer. A discussion was held.
Atty. Jay Talerman stated that there is nothing by-right in this bylaw. The Board has the right to vary how much is allowed for earth removal. Atty. Talerman takes the position that every provision needs to harmonize within the bylaw. His most reasonable interpretation, in his opinion, is that the bylaw is talking about buildings and incidentals to buildings, not roadways or subdivisions.
Jim Pyne asked the Board for permission for his attorney to speak before the Board at a future meeting. Permission was granted. Mr. Marks stated that the Board will need an extension for the decision.
Andrew Smith, 21 Monroe Street reminded the Board that they are to protect the Town and its citizens. He gave the Board some additional information. Mr. Cundiff will be sure that all members and Mr. Gamache have copies.
Jeremy Flansburg, 63 Monroe Street restated that all he is looking for is a 100’ buffer.
Magen Michalik, 48 Davis Street stated that the applicant has not come to speak to her.
Hugh Woodward, 19 Monroe Street asked the applicant to put up barriers along the high cliffs.
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 January 24, 2017 at 7:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:08 PM DISCUSSION: WITHDRAWN Pyne/Bosma, 436 Northeast Main Street: Bond.

8:09 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 left the table. Eric Bazzett of Heritage Design Group joined the meeting. Mr. Bazzett stated that he is in the process of revising the plans with regard to Mr. Cundiff’s review comments. Mr. Bazzett has had one public hearing with the Conservation Commission, and he may relocate the replication area and reconfigure some of the culverts. The revisions may include comments given by Bob Sullivan of Water/Sewer to extend the water line to Brookside Drive.
The drainage pipe on the other side was found, and it extends all the way to the river. There are two cleanouts. It flushed clean with no breaks.
Mr. Cundiff stated that Bob Sullivan of the Water/Sewer Dept. would like the Board to condition that as-built of the water and sewer lines be provided to the Water/Sewer Dept. when the project is finished. Mr. Bazzett needs to communicate with the owner of a right-of-way in Brookside Drive to see if he will grant an easement for the water line to cross.
The Board reviewed the seven waivers. Mr. Bazzett is working with the post office regarding the mailbox. The Board asked that Mr. Bazzett propose what the applicant plans to do for street lighting. Mr. Cundiff asked Mr. Bazzett for an extension on the timeline.
Mr. Zwicker made a motion to continue the public hearing, Robert C. and Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF 160628), Application for a Definitive Subdivision Plan “The Lane at Hunt’s Pond” to January 24, 2017 at 7:45 PM. Mr. Greco seconded the motion. Vote: Unanimous.
Ms. Sharkey rejoined the meeting.

8:26 PM ANR Plan: Seamus Higgins (#2016-14), Bald Hill Road.
Mr. Cundiff stated that this plan has come before the Board two other times. This plan has been revised to show the meets and bounds along the frontage on the north side of Bald Hill Road. Mr. Cundiff feels that all of his comments have been addressed. Mr. Higgins joined the meeting.
A discussion was held regarding the covenant. The covenant intends to raise issue on not being able to further subdivide the lot frontage exception lot without Planning Board approval. Town Counsel suggested a note be added to the plan regarding a revised covenant to be recorded forthwith. Mr. Higgins is buying a strip of land and squaring up lot 7. No new lots are being created.
Ms. Sharkey made a motion to endorse the ANR Plan for Seamus Higgins (#2016-14) Bald Hill Road. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:37 PM ANR PLAN: WITHDRAWN DOUGLAS PROPERTIES, LLC (2016-16), Shore Road and Lakewood Drive.

8:51 PM PUBLIC HEARING CONTINUED: MAIN STREET AUTO & TOWING (SPR 161017), Application for Site Plan Review.
Robert Cherrier, 12 Birch Street, President of Main Street Auto & Towing joined the meeting. He reconfigured the parking lot for 20 spaces, along with two handicapped spaces, in front of the building. He is not asking for any outside storage of automobiles. There were no comments from the Highway Superintendent or the Board of Health.
Mr. Cherrier will need to go before the Zoning Board (ZBA) to amend the current ZBA decision. The business is currently in operation in the building. He has a temporary Business Certificate. Mr. Cherrier submitted photos of the site, including parking lot striping and signage.
Mr. Cherrier reviewed all the waivers he requested. The Board would like the decision to include the conditions of no parking along the side of the building and no autos to be stored outside.
Ms. Sharkey made a motion to close the public hearing, Main Street Auto & Towing (SPR 161017). Mr. Greco seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the waivers requested by Main Street Auto & Towing (SPR 161017) for sections 9.4.1-7, section 5.3.4, section 5.4, and the section that requires written narratives. Further details provided in the waiver request comment letter dated December 22, 2016. Mr. Werme seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the Site Plan Approval Special Permit for 120 Gilboa Street, Main Street Auto & Towing (SPR 161017), with conditions. Mr. Greco seconded the motion. Vote: Unanimous.

9:15 PM PUBLIC HEARING: TOWN OF DOUGLAS/SIMON FAIRFIELD PUBLIC LIBRARY (SPR 161121), Application for Site Plan Review.
Mr. Marks opened the public hearing. Bill Cundiff, Town Engineer joined the meeting to present the application. Justin Snook, Library Director and Joe Biagioni, Chairman of the Library Board of Trustees were also present. Mr. Cundiff stated that the library would like to create a parking area behind the library with 14 additional spaces. Donated materials and labor from the Highway Dept. will be used to construct the area using reground asphalt. There area is currently packed gravel. There is an existing driveway, which is only wide enough for one vehicle (13’ wide). Construction would be in the spring.
Mr. Cundiff reviewed the Building Inspector’s and ZBA’s comments. Traffic expected on a typical day would be 23 trips/day with peak periods generating 5 vehicles from the site. The Building Inspector has stated that bollards are needed to protect the propane tank. Mr. Cundiff will speak with the Fire Chief about the requirements. There is no handicapped parking because there is no handicapped entrance on that side of the building. The applicant is asking for waivers for 9.4.3, 9.4.4 and for section 5. The plan is strictly for public parking. Mr. Biagioni explained how the parking lot would change if and when the ADA renovations for the library are executed, including the plan for one-way traffic flow with entrance through the credit union parking lot. Signage was not proposed. Mr. Snook would like a “Parking” sign and a “Right Turn Only” sign upon exiting. The lot would need to be illuminated.
There is a possibility of moving the retaining wall and hence, making the driveway wider. Mr. Snook described how two cars can pass each other in the driveway. Mr. Zwicker asked for photos. Mr. Biagioni could have an answer about moving the retaining wall by next month.
Mr. Cundiff stated that the abutter to the rear has requested that there be landscaping between the parking area and the building so that headlights will not shine in his dwelling. Mr. Biagioni will propose some plantings.
Ms. Sharkey made a motion to continue the public hearing for Town of Douglas/Simon Fairfield Public Library (SPR 161121), Application for Site Plan Review to January 24, 2017 at 8:15 PM. Mr. Ballou seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Evergreen Estates: Request for Lot Releases/Surety Estimate. WITHDRAWN.
2. Vote: Approval of Bills. Mr. Cundiff stated that a new act was passed that allows boards and committees to appoint individuals to sign off on vouchers inbetween meetings, if necessary.
Mr. Zwicker made a motion to authorize the Chairman and/or the Vice Chairman of the Planning Board to sign off on vouchers inbetween meetings. Ms. Sharkey seconded the motion. Vote: Unanimous.
3. Request for an Accessory Apartment Special Permit Extension: Edward & Mary Logue Maguire, 31 Royal Crest Drive (AA 131101). See item #4 below.
4. Request for an Accessory Apartment Special Permit Extension: Matthew & Finisia Mabee, 95 West Street (AA 101116). A discussion was held regarding the tenant.
Ms. Sharkey made a motion to approve the Accessory Apartment Special Permit Extensions for Edward & Mary Logue Maguire, 31 Royal Crest Drive (AA 131101) and Matthew & Finisia Mabee, 95 West Street (AA 101116). Mr. Zwicker seconded the motion. Vote: Unanimous.
5. Minutes: October 25 and November 9, 2016.
Approval of the minutes was deferred to the next meeting.

OPEN SESSION:
Dick Skinner of Mendon is looking to buy a home/property in Douglas. He will be looking to have an accessory apartment on the property for himself. His daughter would own the house. He had questions about the accessory apartment bylaw, which the Board answered.

9:04 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:04 PM. Mr. Zwicker 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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