June 13, 2017 Planning Board meeting

June 13, 2017 Planning Board meeting

Postby Mary Wright » Mon Jul 17, 2017 7:47 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JUNE 13, 2017

A meeting of the Planning Board was held on Tuesday, June 13, 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, Les Stevens, Michael Zwicker
ABSENT:
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.
Mr. Cundiff stated that today he received responses from the applicant regarding his comments. He reviewed the comments that required Board input. Tim St. Germain of Medicinal Alternatives stated that the applicant is not proposing any new fencing, nor additional exterior lighting or exterior changes other than striping the parking lot for ADA compliance. In the condition, Mr. Cundiff drafted that the applicant will stripe the south side of Gilboa Street where a concept plan is shown for parking. The Town now owns that parcel. The easement did survive the taking.
Mr. Cundiff stated that staff supports the waiver of providing costs associated with the improvements.
Regarding noise, Mr. St. Germain stated that no equipment will be mounted on the roof. All mechanical equipment, including emergency power, will be mounted inside the building. All deliveries will be done during normal working hours. No additional exterior lighting is planned. The owner will work to be sure that glare leaving the property is minimized.
Most of the odor comes from the growing rooms, which are containerized within the building. 99.5% of the air that is being circulated in the rooms is recirculated within the room. The 0.5% exhaust leaving the building will be filtered with activated carbon. Mr. St. Germain could not find any online complaints regarding odor for 10 operating facilities. There have been odor complaints in other states pertaining to outdoor grows. If an odor issue arises, it will be addressed through filtration. Mr. Cundiff stated that there is no quantifiable way to measure odor, and therefore no regulatory threshold to measure against.
Ms. Sharkey asked that the light on the back side by the loading dock that has been identified as a nuisance by a neighbor be corrected. Mr. St. Germain has been responding to the abutters’ letters.
Extending the existing fence line is not required.
The applicant is not proposing any landscaping.
Mr. Cundiff suggested, if the applicant wanted to have a cogen facility or any exterior power sources, it could be considered a modification of the site plan review, and the applicant would have to come back to the Board with a proposal.
Mr. Cundiff read the decision he drafted. He will add the information Mr. St. Germain provided to the findings. The hours of operation are 24-7/365 due to the presence of security personnel, however there will be no deliveries outside of Monday-Saturday, 7:00 AM-5:00 PM. Mr. Cundiff will define hours of operation and delivery hours. No loud truck alarms are allowed outside of delivery hours. Complaints are to be submitted to the Zoning Enforcement Officer and/or the Town Engineer.
Currently, the paved areas are wide open and vehicles have free flow and access, however the decision states that there must be a controlled access and egress onto the public way designed by a traffic engineer and submitted to the Planning Board for approval. Mr. St. Germain said that his company will be designing that plan. Mr. Cundiff suggested that occupancy be tied to approval of the parking plan.
After the draft decision was reviewed, the discussion turned to the requested waivers. Mr. St. Germain stated that they are asking for waivers primarily for the submission of the following plans: topography, drainage, architectural, landscaping, utility, project cost estimate, drainage calculations, and parking striping (across the street). Mr. St. Germain is willing to stripe the paved lot across the street.
Ms. Sharkey made a motion to grant the waivers requested from section 9.4.4 1a-e, 2 and 4. Mr. Socrat seconded the motion. Vote: Unanimous. The waiver requesting the striping of the paved lot across the street was not granted.
Mr. Stevens made a motion to close the public hearing, Gilboa Properties, LLC (SPR-170419), Application for Site Plan Review, 120 Gilboa Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to approve the site plan review permit for 120 Gilboa Street, Gilboa Properties, LLC (SPR-170419) as set forth. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:58 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.

7:58 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. Zwicker 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 July 11, 2017 at 7:00 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:59 PM ANR PLAN: (#2017-08) PATRICK SHAY, 81 Uxbridge Street.
Mr. Shay joined the meeting and presented a plan prepared by Andrews Survey and Engineering. He stated that everyone on the street has 150’ frontage. He is asking to take 18 acres and set aside a 5-acre parcel to build a house for his daughter. He understands that by doing so, he loses the opportunity to subdivide the land. He reviewed the bylaws that pertain to his plan. Mr. Shay read a letter from his attorney, Mark Wickstrom.
Mr. Cundiff stated that the plan has been before the Board on a number of occasions and has been withdrawn a number of times. The packet includes the minutes relating to the withdrawals and feedback from Town Counsel. A discussion was held. Ms. Sharkey suggested Mr. Shay look into the Residential Compound bylaw. Mr. Marks’ opinion is that Mr. Shay is not in compliance with the bylaw. Mr. Shay could go through the zoning process for a variance for frontage on one lot.
Mr. Shay decided to withdraw his plan.
Ms. Sharkey made a motion to accept the withdrawal, without prejudice, of the ANR plan (#2017-08) for Patrick Shay, 81 Uxbridge Street. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Socrat made a motion to apply the fee paid for ANR plan (#2017-08) for Patrick Shay, 81 Uxbridge Street to a future application within a period of twelve months from today. Mr. Stevens seconded the motion. Vote: Aye-6, No-1.

8:58 PM ANR PLAN: (#2017-07) LEIGH PRANCKEVICIUS, 84 Pine Street.
Mr. Cundiff stated that this has been withdrawn. He has a written request.
Mr. Stevens made a motion to accept the withdrawal, without prejudice, of ANR plan (#2017-07) for Leigh Pranckevicius, 84 Pine Street. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:59 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF 170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Mr. Stevens recused himself. Paul Hutnak of Andrews Survey and Engineering joined the meeting. He has not yet finalized the plan. The paved road width at the entrance to Gilboa Court Extension is 14.5’. The width widens up to 19.4’ as you continue up the roadway. The new extension widens to 22’. Mr. Hutnak feels that two cars can pass each other at 14.5’. The right-of-way width on the existing road is roughly 33’; for the proposed road it is 50’. The plan is for six lots and one of those lots contains an existing house.
Mr. Zwicker does not feel that 14.5’at the entrance is wide enough for two cars to safely pass. Mr. Cundiff stated the Planning Board does not regulate existing ways, only proposed ways. The Town is responsible for the front section of the roadway. The scope before the Board is the proposed new subdivision road. The Board cannot mandate improvements to the public way. Mr. Cundiff suggested asking for Town Counsel’s input. A discussion was held.
Mr. Hutnak stated that he could widen the entrance to 16’. The Planning Board asked that the applicant widen the existing section of road at the entrance to 18’. In order to do that, Board of Selectmen approval is necessary.
Mr. Hutnak will submit, in writing, an extension on the decision to the end of August, 2017.
Felix Yacino, Jr., 24 Gilboa Court is concerned that the Town will take 4’ of his property to widen the entrance of the road. The Board explained to Mr. Yacino that the Town has the right to improve public safety in a right-of-way.
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 July 11, 2017 at 7:30 PM. Mr. Zwicker seconded the motion. Vote: Aye-6, Mr. Stevens abstained.
Mr. Socrat asked if Mr. Hutnak could enlarge a section of the plan that shows the property lines, existing road, and the right-of-way.
Mr. Stevens rejoined the meeting.

DISCUSSION:
1. Conceptual Residential Compound Plan: 49 Southeast Main Street. Paul Hutnak of Andrews Survey and Engineering joined the meeting. The property owners would like to create a common private way to create a minimum of 50’ of frontage. The existing gravel driveway to the existing house is approximately 16’ wide. A cul-de-sac would be added at the end of the common way.
Mr. Hutnak asked the Board if the existing driveway could be used as the common way. Regarding the requirement for a buffer zone of indigenous vegetation of not less than 30’ in width separating the common private way from any preexisting residential lot line, Mr. Hutnak will be asking for a waiver because large, indigenous trees would need to be cut to move the driveway over 30’. Mr. Cundiff suggested that there may be an opportunity for a land swap or easement with the abutter’s property. Ms. Sharkey suggested adding a fence or plantings and suggested something in writing from the abutter.
There are wetlands on the property. Mr. Cundiff recommended a shared maintenance clause and input from the Fire Chief. The Planning Board advised Mr. Hutnak that he could move forward.
2. Sign/Decision: Robert C. & Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF-160627), “The Lane at Hunt’s Pond”. Mr. Cundiff has an extension that has been granted to the decision to the end of this month, however the next regularly scheduled Board meeting is July 11, 2017. It was decided to schedule a tentative meeting for June 27, 2017 at 7:00 PM for this item.
3. Request for Accessory Apartment Special Permit Renewal: Darryl & Sharon Hiltz, 78 Pine Street (AA-050329). Ms. Sharkey made a motion to grant the Accessory Apartment Special Permit Renewal for Darryl and Sharon Hiltz, 78 Pine Street (AA-050329). Mr. Zwicker seconded the motion. Vote: Unanimous.
4. Planning Board Expense: Request to purchase signature stamps for three Board members. The Board was in agreement to purchase the signature stamps.
5. Minutes: May 23, 2017.
Approval of the May 23, 2017 Planning Board meeting minutes was deferred to the next meeting.

OTHER BUSINESS:
Regarding the Brookside Drive decision hearing, Mr. Cundiff stated that Town Counsel recommended that the decision be conditioned.
Regarding the Maple Heights water issue, Mr. Cundiff has not yet spoken with Emerald Realty. Upton Site Remediation sent a letter to Mr. Cundiff, which he forwarded to Town Counsel. Mr. Cundiff and Town Counsel agree that it is not unreasonable to request an As-Built Plan. The applicant’s lawyer agreed and will talk with the client.
Mr. Cundiff has not heard from Evergreen Estates since surety discussions last fall.

9:54 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 9:54 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 500
Joined: Thu Jan 12, 2012 8:56 pm

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