July 11, 2017 Planning Board meeting

July 11, 2017 Planning Board meeting

Postby Mary Wright » Thu Aug 24, 2017 7:21 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JULY 11, 2017

A meeting of the Planning Board was held on Tuesday, July 11, 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), Ken Ballou, Michael Greco, Tracy Sharkey (Vice Chairperson), Aaron Socrat, Michael Zwicker
ABSENT: Les Stevens
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 revised plans were submitted to the Planning Board on June 26, 2017 with responses to Mr. Cundiff’s comments. Mr. Cundiff has not completed the review of those revised plans. Mr. Gamache presented each comment for discussion.
Regarding the letter dated 6/19/17 that was sent to the Board, Mr. Gamache reviewed that Parcel A is owned by Mr. Fitzpatrick, and the rest of the land is owned by Sleepy Hollow. It is the applicant’s intention to submit an ANR plan to separate those parcels prior to getting an endorsement from the Planning Board for the subdivision. Mr. Cundiff feels this will be fine as long as lines are coincident with the lines shown on the proposed subdivision plan. Mr. Cundiff will include this condition in the decision.
The center line roadway layout is now on the plan.
A note has been added to the plan to limit the work area within Northeast Main (construction of the entrance) and Davis Street (construction of the water main). Additional detail has been added to sheet 11.
Mr. Cundiff’s red-lined plans were used to provide details showing sidewalks, driveway crossings, and drainage accommodated at roadway entrances.
Regarding Mr. Cundiff’s comment that a drainage easement is required across assessor’s parcel 164-1 for the drainage to cross property lines into the wetlands, it is Mr. Gamache’s understanding that no easement is necessary as the discharge from the emergency spillway does not exceed what currently flows naturally. Mr. Cundiff will ask for Town Counsel input.
A revised waiver list has been submitted with the revised plans. Underdrains have been added to the plans. Once the road is to subgrade, testing will be done along the roadway to see if the underdrains are necessary. They have added an easement for the extension of the street to the abutting property line for possible future extension. They will have their attorney write up the reservations.
Mr. Gamache believes that the hydrant system around the project complies with the bylaw. Three hydrants are proposed and three exist, for a total of six hydrants spaced at 300’ intervals. Mr. Cundiff did solicit input from the Water/Sewer Dept. and the Fire Chief and he has not heard back from them. Jim Pyne of Sleepy Hollow stated that he spoke to John Furno who talked to the fire chief and the chief’s only comment was that he wanted it to comply with the bylaw and that Mr. Gamache’s plan was sufficient. All dwellings will be within 300’ of a hydrant. A discussion was held.
There are no streetlights shown on the plan as of yet. The Planning Board asked for a streetlight near the mailbox. The decision will be conditioned that the central mailbox is operational and in place before any occupancy permits are issued.
Staff comments were reviewed. Taxes for the property are current. Restoration of phase 1 is not yet completed nor accepted. The final phase 3 plan conforms to the grading shown on the subdivision plan. Phase 3 earth removal supersedes phase 2. The topo has been updated to show existing conditions.
Jeremy Flansburg, 63 Monroe Street asked for a larger, legible version of the plan. The submittal is on 1” = 80’. Mr. Gamache will submit a supplement at 1” = 40’.
Mr. Cundiff stated that a stand-alone document is needed for this earth removal permit to rely on. The overlapping of the subdivision plans and earth removal plans can be confusing if one project doesn’t proceed. Details, such as max slope, loam and seed, etc. are needed on this sheet so that it could stand alone as an earth removal project.
The applicant is again requesting a waiver for excavation within 100’ of an abutter for the northwesterly corner of the subdivision in order to construct a road, phase 3 area A, and westerly portion of area A. They are grading to allow drainage back into the subdivision to comply with zero discharge off the site. Mr. Gamache has letters from the Town of Douglas, and he has been in discussions with Mr. Masiello. The waiver cannot be granted without a letter from Mr. Masiello.
The applicant is in the process of working with the Conservation Commission to get an Order of Conditions for the property.
Grading has been revised. Most of the 2:1 slopes have been removed. Stabilization measures are indicated.
Waiver requests were reviewed. Regarding excavation in the wetland (area B for the detention basin), Mr. Gamache replied that they are right on the edge of the 100’ wetland buffer zone, but 200’ from the resource area of the perennial stream.
Mr. Flansburg does not feel that the environmental impacts have been addressed. He feels the cold water fishery will be negatively affected. He would like to know how granting the waivers is in the public’s interest. He does not feel that the project is in the public’s best interest.
Dennis Michalik, 415 Northeast Main Street is concerned that the cul-de-sac is 75’ from the wetland area. Also, granting waiver #10 for notifying where the fill is coming from is disheartening. Private wells could be affected. Also, for three or four of these lots, the house would have to go into the wetland buffer.
Mr. Flansburg stated that thrust blocks will be in the middle of the wetlands for the wetland crossing. He cannot understand how there will be zero discharge from the subdivision. Mr. Marks stated that all the engineering is done to control stormwater management according to State regulations.
Ms. Sharkey made a motion to close 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 close 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. Mr. Zwicker seconded the motion. Vote: Aye-5, Mr. Socrat abstained.
Ms. Sharkey made a motion to approve the waivers on the request dated June 19, 2017, #1-5 for JMT Sleepy Hollow, LLC and James T. Fitzpatrick (DEF 160316): Application for a Definitive Subdivision Plan “Sleepy Hollow”, 439 Northeast Main Street and 34 & 36 Davis Street, with conditions as discussed. Mr. Zwicker seconded the motion. Vote: Aye-5, Mr. Socrat abstained.
Ms. Sharkey made a motion to approve the waivers on the request dated June 19, 2017 for Earth Removal Special Permit, phase 3, #1-4 for JMT Sleepy Hollow, LLC and James T. Fitzpatrick (ER 160815) Application for an Earth Removal Special Permit, 439 Northeast Main Street and 34 & 36 Davis Street, with the condition that #2 is subject to receiving letters from Masiello and the Town of Douglas. Mr. Greco seconded the motion. Vote: Aye-5, Mr. Socrat abstained.
Ms. Sharkey made a motion to approve 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 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. Zwicker seconded the motion. Vote: Aye-5, Mr. Socrat abstained.
Mr. Flansburg stated that he will be contacting the Attorney General’s office regarding a conflict of interest.
Mr. Pyne asked for discussion for a bonding amount for the Earth Removal Special Permit. Mr. Cundiff stated that he will give Mr. Pyne a draft. If Mr. Pyne has an issue with the draft, he can bring it to the Planning Board.

8:14 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF 170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Paul Hutnak of Andrews Survey and Engineering joined the meeting. At the last hearing, Mr. Hutnak stated that he thought that the 14.5’ entrance at Gilboa Court Extension could be widened to 16’. The Board asked if it could be widened to 18.’ Mr. Hutnak could make the road 18’ wide at the entrance to the extension, with no shoulder, by moving a telephone pole down the street to the cul-de-sac, and going up to the edge of the right-of-way at a 2:1 slope. Mr. Hutnak will present this plan to the Board of Selectmen (BOS).
Jay Yacino, 27 Gilboa Court would like to know why it is safer to leave the road as it is. Mr. Hutnak feels a narrow road would keep traffic moving slowly.
Felix Yacino, 24 Gilboa Court asked where the additional 4’ is coming from. Mr. Hutnak replied that he is working within the right-of-way and getting footage from the north side. Mr. Felix Yacino asked the Board to push the Town to widen the whole road. Mr. Felix Yacino asked if a retaining wall will be installed. Ms. Sharkey stated that the plan states “rocks, boulders”.
Mr. Cundiff stated that he spoke with Town Counsel who stated that the Board cannot require the applicant to make off-site improvements. The Board has no obligation to grant any variances that are being requested.
Mr. Socrat feels the Board should send a formal recommendation to the BOS that Gilboa Court should be at least 18’ wide its whole length.
Mr. Cundiff asked Mr. Hutnak to look at the cut and fill within the right-of-way, including the stormwater structures, with an earth removal perspective. Mr. Marks will ask the Highway Dept. if a drainage pipe was damaged during soil testing.
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 August 8, 2017 at 7:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:40 PM ANR PLAN: (#2017-11) GEORGE L. & JOANNE WIEGLE, Northwest Main Street.
Byron Andrews of Andrews Survey and Engineering joined the meeting. The applicant would like to separate a portion of his lot to create a buildable lot. There are wetlands in front and back, a perennial stream, and an existing cart path. A wetlands crossing would be needed should the lot be developed. The area has been flagged. The question for the Board is, does the buildable lot have practical access. A discussion was held.
Mr. Zwicker made a motion to endorse the ANR Plan (#2017-11) George L. and Joanne Wiegle, Northwest Main Street. Mr. Greco seconded the motion. Vote: Unanimous.

9:07 PM ANR PLAN (#2017-09): JAMES BEANE & RAYMOND McCALLUM, 133 Chestnut Street & 76 Walnut Street.
The plan has been withdrawn, without prejudice.
Ms. Sharkey made a motion to accept the letter of withdrawal, without prejudice, of the ANR Plan (#2017-09), James Beane and Raymond McCallum, 133 Chestnut Street and 76 Walnut Street. Filing fees are to be waived upon resubmittal. Mr. Zwicker seconded the motion. Vote: Unanimous.

9:08 PM ANR PLAN: (#2017-10) DAVID & SUSAN L’HEUREUX, 130 & 134 Southeast Main Street.
The plan has been withdrawn without prejudice.
Ms. Sharkey made a motion to accept the letter of withdrawal, without prejudice, of the ANR Plan (#2017-10) David and Susan L’Heureaux, 130 and 134 Southeast Main Street. Filing fees will be waived upon resubmittal. Mr. Greco seconded the motion. Vote: Unanimous.

DISCUSSION:
1. The Lane at Hunt’s Pond decision: Mr. Cundiff stated that the subdivision has been voted and approved. A decision has been drafted for a number of months, but no feedback has been received from the applicant. A majority of the Board at the time voted on the project and participated in the hearings. Two of those members have been replaced, one member has been recused, leaving only four current members that have participated from the beginning and remain to sign a decision. Mr. Cundiff would like to reach out to the applicant and let them know that the Board will finalize the decision at the next meeting. The Board was in agreement.
Robert White, 175 Main Street is concerned that the plot plan that relates to his mortgage is different than the subdivision plan Mr. Cundiff explained that the issue pertains to building setbacks. Mr. Cundiff reviewed the issues with the lot in question. Mr. Cundiff feels that Mr. White’s issue would need to be discussed as part of a refilling.
2. Drive-Thru Window Special Permit Process. Mr. Cundiff asked if the Board would like him to pursue the transfer of issuance of Special Permits for Drive-Through Windows as part of site plan review to avoid the issue of two different boards (ZBA and Planning Board) looking at similar issues. The ZBA and Planning Board were in agreement to proceed with the change. Mr. Cundiff will target the fall town meeting to make the edit to the bylaw.
3. Request for Accessory Apartment Special Permit Renewal: Donald A. Desjardin, 14 Shady Lane (AA-050301). Ms. Sharkey made a motion to grant the Accessory Apartment Special Permit Renewal for Donald A. Desjardin, 14 Shady Lane (AA-050301). Mr. Greco seconded the motion. Vote: Unanimous.
4. Request for Accessory Apartment Special Permit Renewal: Russell & Heather Carlson, 121 Wallum Lake Road (AA-080515). Ms. Sharkey made a motion to grant the Accessory Apartment Special Permit Renewal for Russell and Heather Carlson, 121 Wallum Lake Road (AA-080515). Mr. Ballou seconded the motion. Vote: Unanimous.
5. Sign Vouchers.
6. Minutes: May 23, & June 13, 2017.
Mr. Greco made a motion to approve the May 23, 2017 Planning Board meeting minutes as amended. Mr. Ballou seconded the motion. Vote: Unanimous.
Mr. Socrat made a motion to approve the June 13, 2017 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote: Unanimous.

OTHER BUSINESS:
Regarding Emerald Leasing, Mr. Cundiff called them a number of times and they have stated that they will get him a letter with an estimate of what is remaining to be done.
Regarding soliciting prices for layouts for Stonewall Court and Darling Way, Mr. Cundiff has not done that yet.
Mr. Cundiff presented correspondence from Upton Site Realty. Town Counsel had a discussion with their lawyer who agreed that it was not unreasonable for the Board to ask for an As-Built plan. Mr. Cundiff reached out to the applicant today, and they are not planning to furnish a plan. Mr. Cundiff will put this item on the agenda of the next meeting for discussion.
The Library Trustees are focusing on grants for ADA accessibility issues.

9:24 PM ADJOURNMENT:
Mr. Socrat made a motion to adjourn the Planning Board meeting at 9:24 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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