February 28, 2017 Planning Board meeting

February 28, 2017 Planning Board meeting

Postby Mary Wright » Tue Apr 18, 2017 4:20 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, FEBRUARY 28, 2017

A meeting of the Planning Board was held on Tuesday, February 28, 2017 Mr. Marks called the meeting to order at 7:01 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 (Vice Chairman), Ken Ballou, Michael Greco, Tracy Sharkey (left 7:45 PM), Aaron Socrat (Associate Member), Robert Werme, Jr., Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer)

7:01 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.

7:01 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 the Conservation Commission is now comfortable with the plan’s location of a brook, which was previously unable to be accessed. The location of the brook determines where the detention basin can be placed. The basin has been relocated so that it is 100’ away from the brook.
Regarding the grading, a 100’ buffer to the abutters is being maintained. The grading goes right down to the cul-de-sac. The grading plans are finished and the drainage plans are being revised. Along with the submittal of the edits, Mr. Cundiff asked for a letter that addresses the last comments the Planning Board had. Mr. Chesebrough asked that any waivers be requested in writing and site the pertinent rules and regulations. Mr. Gamache will submit a waiver letter along with the revised plans.
Mr. Gamache is willing to give an extension on the decision, if needed.
Jim Woodward, 19 Monroe Street asked if the earth removal and subdivision is all tied into one piece. Mr. Marks replied that it is. Mr. Woodward asked if the 100’ buffer has been adhered to in the final plan. Mr. Gamache replied that it is. The elevation from Mr. Woodward’s property on Monroe Street to the road base is approximately 50’ at a 3:1 slope. No fencing is planned at the top of the slope. The slope will have grass planted on it and will be allowed to naturally vegetate until homes are built. They are planning 24 lots at this time.
Dennis Michalik, 415 Northeast Main Street asked if there would there be gravel removal on the lots at any future date. Mr. Gamache replied that there could be.
Mr. Chesebrough 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 March 28, 2017 at 7:00 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:30 PM PUBLIC HEARING CONTINUED: TOWN OF DOUGLAS/SIMON FAIRFIELD PUBLIC LIBRARY (SPR 161121), Application for Site Plan Review.
Mr. Chesebrough recused himself. Bill Cundiff, Town Engineer joined the meeting to review the changes to the plan since the last meeting. The granite wall will be taken out and the entire width of the driveway extended 4’, which will allow for two vehicles to pass each other.
The stairs seem to be right on the property line. Mr. Cundiff is proposing a wooden guardrail for that length on the property line to protect the stairs and for pedestrian safety. He does not feel that bollards would be adequate.
Ms. Sharkey made a motion to close the public hearing for Town of Douglas/Simon Fairfield Public Library (SPR 161121), Application for Site Plan Review. Mr. Greco seconded the motion. Vote: Aye-6, Mr. Chesebrough abstained.
Ms. Sharkey made a motion to grant the waivers that were previously requested, specifically all of section 5, for Town of Douglas/Simon Fairfield Public Library (SPR 161121), Application for Site Plan Review. Mr. Greco seconded the motion. Vote: Vote: Aye-6, Mr. Chesebrough abstained.
Ms. Sharkey made a motion to approve the Site Plan Review for 290 Main Street, Town of Douglas/Simon Fairfield Public Library (SPR 161121). Mr. Greco seconded the motion. Vote: Vote: Aye-6, Mr. Chesebrough abstained.
Mr. Chesebrough rejoined the meeting.

DISCUSSION:
1. James Pyne: Request Release of Bond for Earth Removal Permit ER 140129 (Area F). Mr. Cundiff went to the site today and took photos. It is his opinion that the vegetation needs to be more established; there is very little vegetation. Where there are no rocks, there is 4” of loam. The area is level. The permit is expiring. Mr. Cundiff has spoken with Mr. Pyne. A discussion was held.
It was the consensus of the Board to ask Mr. Pyne to submit a request for extension of the permit.
Mr. Chesebrough made a motion to release the bond amount for Earth Removal Permit ER 140129 (Area F) retaining $3,000, providing that the Board approves an extension of the Earth Removal Permit pending a request from the applicant. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to refund the funds remaining in the 53G account associated with Earth Removal Permit ER 140129 in the amount of $6,960.01, plus interest accrued for January and February, 2017. Mr. Greco seconded the motion. Vote: Unanimous.
2. Adult Entertainment Overlay Districts (Section 8.2). Mr. Cundiff stated that he and Town Counsel will be talking at the next Board of Selectmen meeting about a location in Town for the adult entertainment overlay district and marijuana dispensary locations. A discussion was held.
3. Application Submittal Checklist. Mr. Cundiff requested a change from 19 copies to only copies for the Board and the file (10). Electronic copies would be sent to all the Municipal departments for feedback and input. The Planning Board agreed by consensus.
4. 2016 Annual Report.
5. Sign Vouchers.
6. Minutes: January 24, 2017.
Mr. Chesebrough made a motion to approve the January 24, 2017 Planning Board meeting minutes as amended. Mr. Greco seconded the motion. Vote: Aye-6, Mr. Ballou abstained.

7:45 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 meeting. Mark Anderson of Heritage Design Group and Allen Riley joined the meeting. Mr. Riley has arranged for John Taylor to give the Town an easement for the strip of land on Brookside Drive to loop the water line. Mr. Anderson presented drafts of the documents. Mr. Cundiff does not know if the Town can accept this easement without approval at Town Meeting. He will consult with Town Counsel.
The other minor change is that the project has now been split into three phases instead of two. They will come in 1000’ feet for phase 1 with a paved temporary cul-de-sac/turnaround (64’ radius, base coat) with room for approximately six lots to test the market and to prevent them from opening up the rest of land. Phase 2 is to the wetland crossing and phase 3 is from the wetland crossing to the cul-de-sac. They have addressed comments from the Conservation Commission.
Mr. Cundiff would like a phasing delineation submitted to the Town on the plans. Mr. Anderson agreed. Mr. Cundiff is concerned that this is likely to be contracted out to a third party, and he wants to be sure that everyone is clear on the scope of work.
Mr. Cundiff explained the discussion held at the last meeting regarding retaining lots equivalent to the cost of closing the water loop to Brookside Drive. Mr. Cundiff asked Mr. Anderson to think of whether or not phase 1 would fit into this.
Mr. Cundiff stated that none of the drawings show the fully looped water line. A plan is needed showing that portion of the water line ending at the cul-de sac to Brookside Drive. Mr. Anderson agreed.
Mr. Cundiff has not reviewed Eric Bazzett’s edits. Mr. Andersen submitted a list of waivers.
Mr. Cundiff stated that the taxes have not been paid in a number of years on the John Taylor parcel. Town Counsel has said that the parcel would not be considered part of the subdivision. A discussion was held, including the process of acquiring easements.
Mr. Chesebrough 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 March 14, 2017 at 7:45 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

DISCUSSION (Cont.):
7. Zoning Bylaw: Earth Removal (Section 6.1). The Board discussed the definition of “approved building purposes” in section 6.1.6 #3. Mr. Cundiff suggested striking “approved building purposes” and replacing it with “activities identified under section 6.1.3 #1”. Mr. Zwicker suggested adding an example. A discussion was held. Mr. Cundiff will run the changes by Town Counsel. Mr. Cundiff will make the edits and advertise a public hearing.
Jeremy Flansburg, 63 Monroe Street feels the Board is adjusting the bylaw for one person’s advantage based on one incident. Mr. Marks stated that the Board is simply making a clarification.
8. Zoning Bylaw: Assisted Living Facilities (Section 7.3). Mr. Chesebrough proposed allowing assisted living facilities in any zone, except for state forest or open space. The Board was in agreement.
A discussion was held regarding 7.3.11, converting existing structures. Mr. Cundiff suggested adding a provision for waivers. It was decided to strike “facility should be served by the municipal water system”. Mr. Cundiff suggested that demonstration of items in section 7.3.12 be placed on the applicant, and the Board would include the items in the findings.

OPEN SESSION:
Mr. Cundiff asked the Board to look at Lake Shore Drive before the next meeting in response to the letter in the packet regarding widening the road.
The Board authorized Mr. Cundiff to send a memo to the Strategic Budget Committee stating that the Planning Board will review their Fee Schedule and make adjustments as appropriate.
Mr. Cundiff stated that the Zoning Board of Appeals will be meeting Wednesday regarding the drive-through facility special permit on Rte. 16 and Rydell Road.

8:48 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 8:48 PM. Mr. Chesebrough 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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