May 23, 2017 Planning Board meeting

May 23, 2017 Planning Board meeting

Postby Mary Wright » Mon Jul 17, 2017 7:36 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, MAY 23, 2017

A meeting of the Planning Board was held on Tuesday, May 23, 2017 Mr. Marks called the meeting to order at 7:05 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 (Vice Chairperson), Aaron Socrat, Michael Zwicker
ABSENT: Les Stevens
NON-VOTING: William Cundiff (Town Engineer)

7:05 PM PUBLIC HEARING CONTINUED: GILBOA PROPERTIES, LLC (SPR-170419), Application for Site Plan Review, 120 Gilboa Street.
Peter DeCaro (Medicinal Alternatives), Tim St. Germain (Medicinal Alternatives), Mike DeCaro (Gilboa Properties), and Phil Silverman joined the meeting. Mr. Peter DeCaro stated that they have responded to the comments resulting from Mr. Cundiff’s review.
Mr. St. Germain presented a formal request for waivers and additional illustrations. Since all of the work is interior, they are asking for a waiver from the following regulations required in 9.4.4: topography and drainage, utility and landscaping, architectural, and landscape. A construction schedule of 6-12 months has been submitted. The bylaw under section 9.4.4 requires a cost estimate for site improvements. Their cost estimate is largely for equipment purchases and they feel that providing detailed estimates would put the applicant at a competitive risk. Also, security measures could be compromised. Therefore, the applicant is asking that the detailed cost estimate requirement be waived.
The third waiver request is for a waiver for the requirement for a written summary of the project as it applies to the parking and off-street loading requirements. All loading for the facility will be through the existing garage and is addressed in the submission. Regarding parking, Mr. St. Germain used the calculation from section 5 of the zoning bylaw to determine a need for 222 parking spaces. The site has 122 marked spaces on the 120 Gilboa property. There is an exclusive easement containing 36,000 feet of unmarked pavement at 105 Gilboa. That pavement could contain 120 marked spaces. They do not believe those spaces will be used and asked to not stripe that pavement.
There are five designated handicapped spaces. They are required under the regulations to have seven. They will modify spaces close to the entrance of Classic Envelope to get an additional van and an additional vehicle space.
Next, the applicant is asking that the requirement under 9.4.4 that the site plan be accompanied by drainage calculations be waived. They are not doing any outdoor improvements and the existing drainage will not be touched.
Mr. Cundiff reviewed Mr. St. Germain’s responses to his comments. He suggested the decision be conditioned that the applicant supply a copy of the exclusive easement for the parking access across the street, that the lighting on site remain the same as is currently ongoing, any onsite power generation or conversion must resubmit for site plan review, and consider an egress control for the parking area. Mr. St. Germain replied that the facility is going to be powered off the grid, which is existing. Mr. Mike DeCaro explained that at some point, they will install a generator, but it will be inside the building.
Ms. Sharkey asked if they had a standardized security plan to submit to the police department. Mr. Peter DeCaro stated that he plans to meet with the chief. Mr. St. Germain stated that they have final approval from DPH to proceed.
The deadline for comments from Water/Sewer and the Zoning Board of Appeals is tomorrow.
Mr. St. Germain stated that there are three lights on the west side of the building. One serves dock 1, one serves dock 2 and the third light is on the southwest corner of the building. Mr. Cundiff stated that showing the lighting on the plan is required. Mr. Cundiff wants to be sure that the abutters will not be impacted by the lighting.
Ben Tubo, 108 Gilboa asked which police department would be monitoring the facility. Mr. Cundiff stated that Douglas Police need to approve the security plan. Mr. Peter DeCaro stated that they have exceeded the State regulatory statute for security. Mr. Tubo asked if there would be any security cameras pointed directly at his property. Mr. Peter DeCaro stated that security measures are taken to protect the cultivation site and not to impede on anyone’s personal space. Mr. Tubo asked what type of fence is being proposed. Mr. Mike DeCaro said they are looking at continuing the fence along the lot line and closing in the front of the lot with a gate. Dan Dunleavy, Facilities Manager of Gilboa Properties, stated that it is a 6’ chain link fence with three strands of barbed wire across the top.
Scott Duncan, 106-108 Gilboa Street stated that a fence with barbed wire will make it look like he is living next to a prison.
Mr. Tubo stated that he and Mr. Duncan have noticed a bright, purple light shining onto their yard. Mr. Dunleavy stated that not one light has been changed on the property since he has been there in 2011. The Building Inspector was at the property today. Mr. Duncan stated that the bylaw states that outdoor lighting shall be arranged to minimize light shining onto neighboring properties. He feels the light has been adjusted away from the loading dock. Mr. Dunleavy disagreed. Mr. St. Germain stated that they have not done a light survey of the area.
Norman Simmons, 104 Gilboa Street asked if any consideration has been given to asking the residents if they want a facility such as this in Town. Mr. Cundiff stated that the Board of Selectmen has had multiple public meetings on this proposal. Mr. Simmons is concerned that abutters were not notified of the meetings. Mr. Cundiff stated that site plan review is focused on safety. Mr. Simmons stated that increased parking and utilization of the lot across the street creates a safety hazard for people crossing the street. Mr. Marks stated that that is something the Safety Committee could look into. Mr. Cundiff asked Mr. St. Germain to address that concern. Mr. Dunleavy stated that a traffic study was done two years ago.
Ms. Sharkey made a motion to continue the public hearing, Gilboa Properties, LLC (SPR-170419), Application for Site Plan Review, 120 Gilboa Street to June 13, 2017 at 7:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:47 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.

7:47 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.
Mr. Marks stated that the applicant has asked for a continuance. Mr. Cundiff stated that he has met with the applicant’s engineers and they are addressing his comments on the drawings.
Jeremy Flansburg, 63 Monroe Street asked when the current phase II permit expires. Mr. Cundiff replied that it expires May 31, 2017, however the Board voted an extension to the end of the year. Mr. Flansburg expressed his disappointment.
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 June 13, 2017 at 7:45 PM. Mr. Ballou seconded the motion. Vote: Unanimous.

7:50 PM ANR PLAN: COLTON, DAVID & SUSAN/GJELTEMA, BARBARA (#2017-06) 12 & 20 Grove Street.
Byron Andrews of Andrews Survey and Engineering joined the meeting. The applicants would like to move the property line between their two properties. If the properties are in two zones, the zoning bylaw allows the zoning setbacks for the less restrictive zone to be extended by 50 feet into the more restrictive zone. A discussion was held and the bylaw section reviewed.
Ms. Sharkey made a motion to endorse the ANR plan for David and Susan Colton and Barbara Gjeltema (#2017-06), 12 and 20 Grove Street. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:02 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF 170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Mr. Marks stated that the applicant has asked for a continuance.
Ms. Sharkey made a motion to continue the public hearing for an Application for a Definitive Subdivision Plan (DEF 170222) entitled “Gilboa Court Extension”, 30 Gilboa Court, for Carol Gogolinski and William Cogley to June 13, 2017 at 8:15 PM. Mr. Socrat seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Maple Heights Subdivision, Isabella Drive: Water/Flooding Issue; Surety. Mr. Cundiff presented a photo and an email between him and Mr. Dumas. Mr. Dumas joined the meeting. Mr. Dumas has been contacting Mr. Cundiff about a drainage issue at his property on lot 2 in the subdivision. It is a private way. There were a number of waivers granted with the understanding that it would remain a private way in perpetuity. The binder paving is in good shape. It appears that there has been recent grading of Mr. Dumas’s lot that is causing water to accumulate at his property and the cul-de-sac. The plans show original topography allowing water to run off the road without causing a ponding issue. The finish grades shown on the plan do show a pitch.
Bill Eagan was the original applicant. The Board did not require surety, but decided to work with lot releases, with the release of lot #3 held until the project is 100% complete. The original project was foreclosed and is now owned by Emerald Leasing. Taxes are current. Mr. Cundiff has asked Mr. Eagan to contact Emerald Leasing with the intention of soliciting a punch list of what remains to be done to finish the project. Once Mr. Cundiff has that schedule, he can visit the site and assess the condition of the project. Then Emerald Leasing will need to make a determination on the value of lot #3 vs. the cost of the remaining work and make a decision on whether or not to proceed.
Mr. Dumas moved into the house in February, and he stated that there has always been water there. He described the area as a ‘mud bath’. Bill Porter gave him a grade to divert the water. Mr. Dumas asked who has ownership of this issue. The Board replied that it is a private way and road maintenance and drainage fall on Emerald Leasing. A discussion was held that included Byron Andrews of Andrews Survey and Engineering.
2. Sign/Decision: Robert C. & Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF-160627), “The Lane at Hunt’s Pond”. Mr. Cundiff received a letter from the engineer granting an extension on the decision timeline. The applicant wants to participate in the review of the decision.
Mr. Cundiff stated that the decision is standard boilerplate, with a few exceptions. The Board reviewed the special conditions, which the applicants have not yet agreed to. Regarding the ANR plan, Town Counsel suggested to the applicant today that they ask the Planning Board to reopen the hearing. The parcel can be removed from the plan or the new applicant can sign it.
Mr. Cundiff will ask Town Counsel if they can mandate surety to pave the road up to the last existing house. A binder coat should be applied for the driveway section as soon as possible. A schedule should be submitted and approved by the Board. Underdrains need to be installed throughout the project. A draft sample deed shall be prepared and reviewed by Town Counsel at the applicant’s expense. A discussion was held regarding what holidays are considered major holidays in Massachusetts. Mr. Zwicker will provide a list. A discussion was held regarding quantifying the qualifications for the point of contact.
This decision will be placed on the agenda for the next meeting.
Mr. Zwicker made a motion to grant the extension for Robert C. & Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF-160627), as submitted to June 14, 2017. Mr. Greco seconded the motion. Vote: Unanimous.
3. Sign/Decision: Pyne Sand & Stone Company, Inc.: Request for an Extension for Earth Removal Special Permit, 34 Davis Street, 439 Northeast Main Street (ER-150421).
4. Upton Site Remediation, LLC, 466 Northeast Main Street (SPR-130819): Request for Release of Surety. Mr. Cundiff stated that the site is still roughly bowl shaped, it is not loamed and seeded, and it does not have a detention pond. Mr. Cundiff will ask them for an as-built plan.
5 Minutes: May 10, 2017.
Mr. Greco made a motion to approve the May 10, 2017 Planning Board meeting minutes as amended. Mr. Zwicker seconded the motion. Vote: Unanimous.

OTHER BUSINESS:
Mr. Cundiff stated that he is working with the Town Treasurer on Stonewall Court and Darling Way. They are lingering private ways that should become public. He will review the files. By consensus, Mr. Cundiff will start soliciting prices from engineers to survey the roads to go forward with the layout for next May. Mr. Marks remembered that there were two residents of Darling Way that did not want it to become public. One of those residents has moved.

9:01 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:01 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 506
Joined: Thu Jan 12, 2012 8:56 pm

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