10/08/2019 - Planning Board Meeting

10/08/2019 - Planning Board Meeting

Postby Maria Lajoie » Mon Oct 07, 2019 11:29 am

PLANNING BOARD MEETING
TUESDAY, OCTOBER 8, 2019
(Community Meeting Room)
7:00 PM
“Revised”

7:00 PM PUBLIC HEARING: BOBBIE ANN ROY (AA-190916)
Application for an Accessory Apartment Special Permit
102 Perry Street

7:15 PM CMRPC: Lakeside Residential / Regional Housing Needs Study

7:30 PM ANR PLAN: ORBISON CORP (#2019-10)
52 Yew Street

DISCUSSION
1. McIntyre Bond, Northeast Main Street (ER-000222)
2. Request for a one-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809)
3. Request to Road Bond Funds: StoneGate Subdivision (DEF-020319)
4. Whitin Heights: Flexible Development Special Permit (FD-120403)
5. Request for an Accessory Apartment 3-year Extension: Timothy & Diane Robar, 91 Chestnut Street (AA-130904)
6. Request for an Accessory Apartment 3-year Extension: Alex Ferguson, 298 South Street (AA-010910)
7. Multi-Town Mixed Commerce
8. ZBA Application: Thomas Evers, 200 Northwest Main Street (Special Permit-#2019-11)

Open session for topics not reasonably anticipated 48 hours in advance of Meeting.

Mail
Minutes: 9/10, 9/24
________________________________________________________________
Future Agendas
TBD: Solar Regulations
TBD: Residential Compounds
TBD: Private Ways
TBD: Subdivision Regulations
TBD: Forms

Upcoming Meetings: 10/22, 11/12, 12/10
Maria Lajoie
Maria Lajoie
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Re: 10/08/2019 - Planning Board Meeting

Postby Mary Wright » Mon Nov 18, 2019 8:40 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, OCTOBER 8, 2019

A meeting of the Planning Board was held on Tuesday, October 8, 2019. Mr. Marks called the meeting to order at 7:02 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chair), Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair), Aaron Socrat, Les Stevens, Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer)

7:02 PM PUBLIC HEARING: BOBBIE ANN ROY (AA-190916) Application for an Accessory Apartment Special Permit, 102 Perry Street.
Mr. Marks opened the public hearing. Ms. Roy joined the meeting. When she bought her house in December, the home had an accessory apartment. Her father had been living there, however he has passed away. Her sister moved into the apartment at the end of August. A discussion was held.
Barbara Randall of 86 Linden Street stated that the neighborhood is a one-family neighborhood, not a multi-family neighborhood. She feels the Board is setting a precedent allowing the Special Permit to be transferred. She asked how the situation is policed. Mr. Cundiff replied that reminders are routinely sent out to the holders of permitted Accessory Apartments stating that the permit needs to be renewed and hence, reviewed, every three years. If the Special Permit is not renewed, it would be transferred to the Building Dept. to issue a violation notice. Mr. Stevens stated that the Building Inspector also tracks the Special Permits when a dwelling with an accessory apartment is sold. The Board described who is allowed to live in an accessory apartment. Ms. Randall is concerned that the apartment could be rented. A discussion was held.
Mr. Cundiff stated that the current Special Permit contains some conditions that may not have been in the original Special Permit, i.e. a single electric meter.
Ms. Sharkey made a motion to close the public hearing for an application for an Accessory Apartment Special Permit (AA-190916), 102 Perry Street for Bobbie Ann Roy. Mr. Zwicker seconded the motion. Vote: Aye-7.
Ms. Sharkey made a motion to grant the application for an Accessory Apartment Special Permit (AA-190916), 102 Perry Street for Bobbie Ann Roy. Mr. Greco seconded the motion. Vote: Aye-7.

7:11 PM CMRPC: LAKESIDE RESIDENTIAL/REGIONAL HOUSING NEEDS STUDY.
Ron Barron of Central Mass Regional Planning Commission (CMRPC) joined the meeting to update the Board on the Lakefront Zoning project and to talk about a grant for a housing study for Douglas, Uxbridge and Mendon.
Mr. Barron presented a map of the proposed Lakeside Residential district. The purple areas are the areas that they propose to place in the lakeside residential zone. Mr. Stevens explained that the goal was to make the lots with existing, occupied dwellings more conforming to reduce the burden on the Town’s services and property owners from the ZBA process.
Mr. Barron stated that the geography captures some parcels that are large enough to potentially be subdivided. Mr. Stevens clarified that every lot still needs to meet Title 5, so even if the lots are larger than 5,000 sq. ft., a lot would need to have Town water and sewer. A vacant lot still needs to meet all bylaws and regulations. Mr. Zwicker wants to be sure that there is language that will prevent a 5,000 sq. ft. lot or larger from being subdivided. A discussion was held.
Mr. Cundiff suggested asking the Fire Chief for his recommendation, in writing for setbacks between buildings or structures.
Regarding creating a base zone vs an overlay, Mr. Barron stated that an overlay would have the opportunity to write a detailed bylaw as a separate section. Mr. Stevens suggested that overlays be documented in an appendix table. A discussion was held.
The Board reviewed Mr. Barron’s first draft of a nonconforming lot map.
Ms. Sharkey asked Mr. Barron’s opinion of Douglas’ Adult Entertainment Zone in the State forest. Mr. Cundiff stated that, if it is not a viable place for adult entertainment, then the entire town is open to that use.
Regarding housing, Ms. Sharkey stated that Douglas needs a lot of help extending services so that building can occur outside of village residential. Mr. Barron stated that CMRPC wants to get the goals for housing from each of the three towns and get them into a regional framework so they can see how the towns can complement each other.
CMRPC will hold a meeting 11/7/19 and invite all the Planning Boards from each of the three towns, create three steering committees in each town, and have quarterly regional meetings.

8:08 PM ANR PLAN: ORBISON CORP (#2019-10), 52 Yew Street.
Mike Labbe of Allen Engineering joined the meeting to present a two-lot ANR plan. The applicant is looking to cut two lots out of a 47-acre parcel with 740 ft. of remaining frontage. Both lots would be conforming, have 200 ft. of frontage, have at least 90,000 sq. ft. and have adequate access from Yew Street. Mr. Labbe stated that Mr. Heney paid the $50 fee today.
Mr. Stevens stated that the parcel from which the lots are being taken from is not referenced in the deed.
Mr. Cundiff has spoken with Veronica about the Tetreault signature stamp, and he is satisfied that Veronica authorized this.
Mr. Labbe stated that sight distances were checked at 30 mph according to AASHTO standards.
Mr. Cundiff stated that the discharge easement to the Town for the catch basin is in the comments.
Mr. Zwicker made a motion to endorse the ANR plan (#2019-10) for Orbison Corp., 52 Yew Street. Mr. Greco seconded the motion. Vote: Aye-7.

DISCUSSION:
1. McIntyre Bond (ER-000222). Tom McIntyre, Dan McIntyre and John Palmer (also of KTKT) of McIntyre Loam joined the meeting and went through the letter and responses. Mr. Palmer stated that the surety bond came up for renewal on 10/1/19. Since then, the Town has asked for a different format. They have been back and forth with their insurance company and Town Counsel and are waiting for Town Counsel’s approval of the format. They are submitting the format tonight under the assumption that Atty. Jay Talerman will approve it. The same value will be held as has continually been held.
Regarding a detailed schedule and timeline associated with the site restoration, Mr. Palmer stated that they have an area that is just about ready. They will have Mr. Cundiff back to the site to check it. By fall of 2020, they plan to complete the restoration of a northern section of the property from the east to west boundary and northern boundary approximately 300’.
Mr. Palmer stated that they need to talk to the Board about how to go about continuing to do the business they currently do there without reclaiming everything. Mr. Cundiff suggested the following options: seek relief from the restoration of the floor area, they can stop operations and restore the site, or, if Site Plan Review is triggered, they can seek a permit for the operation.
Regarding providing a current as-built plan for the last permit that was issued (12/2004), they have retained a land surveying company to do that.
Regarding the wells that were on Rosenfield’s plan, they were never installed. There is a well on the site at the lowest elevation. The floor is approximately 15’ above water level. Mr. Zwicker suggested installing another well in order to compare water levels.
Regarding the areas to the north end of the site that appear to extend beyond the previously permitted limits, Mr. Palmer walked the site with Conservation Agent Steve Zisk Saturday and, since then, they have stopped all activity within the 200’ riverfront area. They have installed silt fence and straw wattles.
Regarding the retail yard, it was put close to Northeast Main Street at the end of 2016 and opened 2017. At the time, it was viewed as nothing different than what they have normally done to keep small contractors and homeowners out of harm’s way. Since discussing with Mr. Cundiff, they realize that it may have gone beyond that purpose, and they may have to go through the Site Plan Review process.
2. Request for a 1-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809). The Board reviewed Atty. Jay Talerman’s response regarding whether or not this request warranted a public hearing. Jim Pyne of Pyne Sand & Stone joined the meeting. He recorded last year’s extension “in the nick of time.” Regarding an as-built, he stated that in his files, he has never done an as-built during the life of a permit until it is completed. He is exploring options for the end of the cul-de-sac, and he hopes to have options within the next 6-8 weeks. Completion depends on the option he decides on. He may come before the Board with a modification to the approved subdivision plan. The permit includes restoration time. Mr. Cundiff stated that they would have to pull the bond to restore the site before the permit expires in three days. The life of the bond expires with the permit.
Ms. Sharkey asked, if this permit expires, what are the consequences. Mr. Cundiff did not know the answer. Mr. Pyne stated that the bylaws state that Town Counsel has stated that there is no provision for this Board to extend a permit, however he has read a bylaw that states that the Board does have the authority to extend a permit.
Mr. Cundiff read from the bylaw (6.1.8) “No permit shall be issued for an initial period of more than three years. The Board may, in its discretion, grant a further permit for each additional year beyond the initial period, but no such permit shall be issued unless the applicant has conformed to all the requirements of the permit.”
Mr. Zwicker made a motion to grant the request for a 1-year Earth Removal Permit Extension for Pyne Sand & Stone, 439 Northeast Main Street (ER-170809) to 10/11/2020. Mr. Socrat seconded the motion. Vote: Aye-7.
Mr. Cundiff stated that the site has been sitting dormant for about a year. Getting an as-built at the end of a permit term is a condition of the permit.
3. Whitin Heights: Flexible Development Special Permit (FD-120403). Jennifer Gavelitz joined the meeting. She has submitted an update as to where they are on the Special Permit. They have contacted the person who is going to help them with the affordable units and they have said that they will accept the application once the Building Permits are issued. The $5,000 for lot 2 is ready once the Building Permit is issued. All of the conditions have been itemized in her letter.
Ms. Sharkey requested the Dept. of Environmental Protection’s (DEP) process of dealing with ABC. Mr. Cundiff stated that he sent it out a while ago and emailed the Board the photos and the process.
Regarding the ABC materials, Mr. Cundiff stated that he, Mr. Schultzberg and Mr. Stevens witnessed two test pits that were dug at the northern end of the site, and they are satisfied that all the material has been removed.
The southwest corner of the cul-de-sac is where a 100’ x 10’ x 10’ trench was dug. Material was stockpiled adjacent to the trench. Originally, Whitin Heights were going to have the trench backfilled with native soil, and at the same time, observe and remove any ABC in the stockpile. The surficial ABC material has been removed. They then offered an alternative to truck in structural fill. Today, they backfilled the trench excavation to grade with that structural fill. All of the excavated piles were going to be hauled off site to Pyne Sand & Stone. They have now offered to leave the excavated piles from the trench to be spread at a future date. In other words, Mr. Cundiff is not able to see what is in the stockpile material.
Mr. Cundiff met with Bob Pace’s partner Dave Spertner in the field on Friday, they came up with a plan for the trench area, and Mr. Spertner knew Mr. Cundiff wanted to observe the backfill of the excavated soils into the trench to check for ABC. Later Friday, Mr. Cundiff received an email that they were going to bring in material, backfill the trench, and haul the stockpiled soils offsite. Mr. Cundiff had no objection to that plan. Last night or this morning, the plan changed again to backfill the trench and leave the stockpiled soil.
Lori Funari of Funari Development stated that the stockpiled soils are good fill. Before, the whole thing was pulled back and nothing was in there. She didn’t put it back because now there is some rock. Mr. Marks is concerned because he witnessed ABC along the whole area of the cul-de-sac. Mr. Marks feels that more test pits are needed on the side of the site where debris was dumped. Ms. Funari insisted that all the ABC is gone up to three feet down, and all has been pulled back.
Bob Pace stated that the material that was dug out of the trench, that clearly had no ABC, was piled (335 cu. ft.) to the left of the trench. Mr. Cundiff is concerned that there could be some ABC settled in that pile.
Ms. Sharkey asked to know if they are doing what DEP requires regarding removal of ABC. Ms. Gavelitz stated that DEP has been copied on all information, and she believes they have given the reins to the Town. The steps to be taken for remediation vary from violation to violation. Mr. Cundiff stated that the DEP does not allow crushing on site.
Mr. Marks instructed Mr. Pace to go to the site with Mr. Cundiff, dig in the spots that have not been dug, make sure no ABC is there, and if Mr. Cundiff is satisfied, then the permits may be approved at the next meeting.
Mr. Stevens stated that the two test pits were dug on lot 7. The top layer contained organics, which the Board requested be scraped off. The area now in question was an open trench, is now filled with material, and a there is a stockpile between lot 5 and lot 6.
Mr. Cundiff has not yet reviewed the decision. He is trying to match up the decision with the milestone letter, which was received 10/3/19.
Ms. Gavelitz read the milestones. Mr. Cundiff stated that the surety agreement (Form G) should be for the entire subdivision. Currently, it discusses only two lots. Ms. Gavelitz agreed to revise it.
Mr. Zwicker made a motion to authorize the Chair of the Planning Board to sign Form G on behalf of the Planning Board. Ms. Sharkey seconded the motion. Vote: Aye-7.
4. Request to Road Bond Funds: StoneGate Subdivision (DEF-020319). Mr. Cundiff stated that a request was received asking the Town to service the basin. Mr. Cundiff stated that the project is nearly done. A woman who identified herself as “another Tracy” stated that she received a letter from “your office” and her attorney yesterday. This was the first she had heard of the letter from “the woman”. Since yesterday, she has called her engineer and every department in Town to get an idea of the punch list that is needed to be completed. She is committed to getting it done. She does not have a schedule. She asked to meet with Mr. Cundiff on site.
Mr. Cundiff asked her for a schedule. He agreed to go to the site with her to go over the scope, and he would ask Highway Superintendent John Furno to attend as well. They will develop a punch list and go through the process and requirements to get the road accepted.
Ms. Sharkey suggested that the Board respond back to the writer of the letter to say that the developer is working to finalize it, and they are planning to have the road acceptance on the warrant for the May, 2020 Town Meeting. Ms. Sharkey asked that the other Tracy take care of the detention basin area first. She agreed.
5. Request for an Accessory Apartment 3-Year Extension: Timothy & Diane Robar, 91 Chestnut Street (AA-130904). See #6 below.
6. Request for an Accessory Apartment 3-Year Extension: Alex Ferguson, 298 South Street (AA-010910).
Mr. Zwicker made a motion to approve the requests for Accessory Apartment Three-Year Extensions for Alex Ferguson, 298 South Street (AA-010910) and Timothy and Diane Robar, 91 Chestnut Street (AA-130904). Mr. Socrat seconded the motion. Aye-7.
7. Multi-Town Mixed Commerce. Mr. Zwicker stated that the biggest difference between Douglas’ bylaw and Uxbridge’s and Sutton’s bylaw was the hotel. Ms. Sharkey stated that Douglas doesn’t have lot coverage and the other two towns do. Ms. Sharkey feels that Douglas should be looking for a monetary impact fee. This discussion was continued to the next meeting.
8. ZBA Application: Thomas Evers, 200 Northwest Main Street (Special Permit-#2019-11). Mr. Zwicker stated that the applicant currently has an existing nonconforming garage on Whitin Reservoir that is 8’ off the property line. The applicant is asking to remove that existing garage and build a new garage 8.5’ off the property line. The Board had no objection to the application.
9. Minutes: September 10 & 24, 2019.
Mr. Stevens made a motion to approve the September 10, 2019 Planning Board meeting minutes as amended. Mr. Greco seconded the motion. Vote: Aye-7.
Mr. Greco made a motion to approve the September 24, 2019 Planning Board meeting minutes as presented. Mr. Zwicker seconded the motion. Vote: Aye-5, Mr. Socrat and Ms. Sharkey abstained.

OTHER:
Mr. Cundiff asked the Board to review the memo in the packet regarding Gilboa Pond “No Parking” signs. Ms. Sharkey stated that as long as Town Counsel has stated that the Board as the right to request that, then the letter is good. It was the consensus of the Board to authorize Mr. Cundiff to send the memo.

9:59 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 9:59 PM. Ms. Sharkey seconded the motion. Vote: Aye-7.

Respectfully submitted,


Mary Wright
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