11/12/2019 - Planning Board Meeting

11/12/2019 - Planning Board Meeting

Postby Maria Lajoie » Thu Nov 07, 2019 1:58 pm

PLANNING BOARD MEETING
A G E N D A
TUESDAY, NOVEMBER 12, 2019
Community Meeting Room

BUSINESS:

7:00 PM PUBLIC HEARING: VALLEY REALTY MANAGEMENT, LLC (AA-191022)
Application for an Accessory Apartment Special Permit
7 Mechanic Street

1. Debra Blain, 112 Maple Street: Accessory Apartment Special Permit (AA-10.1020) – Possible Vote(s)
2. Whitin Reservoir Estates: Flexible Development Special Permit / Condition J (FD-120403) – Possible Vote(s)
3. Cardinal Drive Surety Request – Possible Vote(s)
4. Chapter 61, Section 8 - Notice of Intent to Sell: Estate of Alice Chase, Orange Street (5.19 acres) – Possible Vote(s)
5. Gilboa Court Extension: Streetlight (DEF-17.0222)
6. Lakeside Residential - Possible Vote(s)
7. Solar Regulations - Possible Vote(s)
8. 2020 Planning Board Meeting Schedule – Possible Vote(s)
9. ZBA Application: JEH Real Estate Investment Company, LLC, 40 Depot Street (#2019-12) – Possible Vote(s)
10. Purchase of chair(s) for Meeting Room – Possible Vote
11. Approve Minutes: 10/8, 10/22 – Possible Vote(s)
12. Old / New Business


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Future Agenda Items:
TBD: Private Ways
TBD: Subdivision Regulations
TBD: CMRPC Regional Housing Study
TBD: Adult Entertainment Bylaw
TBD: Residential Compounds
TBD: Forms
Upcoming Meetings: 12/10


Note: Times are estimates unless denoted as a Hearing.
Items listed are those reasonably anticipated as a topic
48 hours in advance by the Chairman

The Town of Douglas is an equal opportunity Provider and Employer.
Maria Lajoie
Maria Lajoie
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Location: Community Development Department

Re: 11/12/2019 - Planning Board Meeting

Postby Mary Wright » Tue Dec 17, 2019 8:49 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, NOVEMBER 12, 2019

A meeting of the Planning Board was held on Tuesday, November 12, 2019. Mr. Marks called the meeting to order at 7:03 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)

BUSINESS:

7:03 PM PUBLIC HEARING: VALLEY REALTY MANAGEMENT, LLC (AA-191022) APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT, 7 Mechanic Street.
Mr. Marks opened the public hearing. Atty. Rob Knapik joined the meeting. Gerald Jackman of Valley Realty Management was also present. Atty. Knapik described the building and multi-use property. Atty. Knapik stated that the Board granted an Accessory Apartment Special Permit for this property in 2006. Atty. Knapik stated that the permit expired, and this application is essentially a renewal of that Special Permit. The applicant is asking for a primary waiver as Mr. Jackman does not reside at the property. Atty. Knapik presented his reasons why he feels the application meets the requirements for an Accessory Apartment Special Permit.
Mr. Cundiff stated that there are some new conditions in the current permit since Mr. Jackman first came in, namely metering for water and utilities. Mr. Jackman stated that the apartment does not have separate metering.
Atty Knapik asked the Board to consider amending the application so that Mr. Jackman has relief from renewing the permit every three years. The Board was not supportive of that request.
Mr. Zwicker made a motion to close the public hearing for an Application for an Accessory Apartment Special Permit for Valley Realty Management, LLC (AA-191022), 7 Mechanic Street. Ms. Sharkey seconded the motion. Vote: Aye-7.
Ms. Sharkey made a motion to grant the waiver from section 3.3.3.1 that the owner of the residence in which the accessory apartment is located shall occupy one of the dwelling units. Mr. Schultzberg seconded the motion. Vote: Aye-7.
Ms. Sharkey made a motion to grant the Application for an Accessory Apartment Special Permit for Valley Realty Management, LLC (AA-191022), 7 Mechanic Street with the finding that the VB district is treated as a residential district use. Mr. Zwicker seconded the motion. Vote: Aye-7.



1. Debra Blain, 112 Maple Street: Accessory Apartment Special Permit (AA-101020)-Possible Vote(s). Ms. Blain joined the meeting. She stated that her permit is up for renewal next month, and she asked for advice on how to fill out her application as the ownership of the house has been transferred to her daughter. Ms. Blain and her husband now live in the accessory apartment.
Mr. Cundiff stated that the bylaws state that once ownership changes, a new Special Permit is needed. Town Counsel believes they can get a ministerial amendment to the application, but also believes that the daughter would benefit from a new Special Permit. The Building Inspector/Zoning Enforcement Officer recommended that a new Special Permit be filed.
The consensus of the Board was that an application for a new Special Permit must be filed. The applicant can request to waive the administrative fee, however they must pay for advertising. (It was not clear if the $50 renewal fee is being waived or not).
2. Whitin Reservoir Estates: Flexible Development Special Permit/Condition J (FD-120403)-Possible Vote(s). Mr. Cundiff stated that Condition J was not included in the amendment to the Special Permit. Mr. Cundiff corresponded with Town Counsel. Mr. Cundiff asked to be informed if the Board objected to Town Counsel’s opinion. Mr. Cundiff did sign off on the two Building Permit Applications. The Board had no objection.
Regarding the ABC, the test pits showed some ABC, but the Dept. of Environmental Protection stated that below 5% was acceptable.
3. Cardinal Drive Surety Request-Possible Vote(s). The Board reviewed correspondence from Town Counsel. A discussion was held.
Mr. Zwicker made a motion to not return the Cardinal Drive surety to the current developer. Ms. Sharkey seconded the motion. Vote: Aye-7.
Ms. Sharkey stated that the “No Parking” signs have been removed.
4. Chapter 61, Section 8-Notice of Intent to Sell: Estate of Alice Chase, Orange Street (5.19 acres)-Possible Vote(s). Ms. Sharkey made a motion to recommend to the Board of Selectmen to waive their right-of-first-refusal for Estate of Alice Chase, Orange Street (5.19 acres). Mr. Greco seconded the motion. Vote: Aye-7.
5. Gilboa Court Extension: Streetlight (DEF-170222). Mr. Cundiff stated that National Grid is saying that the Town has to submit a request for this light, which is on private property.
6. Lakeside Residential-Possible Vote(s). Mr. Cundiff asked Town Counsel to attend tonight’s meeting, however no one was available. Atty. Adam Costa needs to get permission to release the slides. He will attend the next meeting. Mr. Cundiff stated that Ron Barron of Central Mass. Regional Planning Commission pointed out that their grant deadline is the end of this calendar year. There are a few options if the project extends into next year.
Ms. Sharkey suggested, if Atty. Costa cannot get the slides, then he should send a summary to the Board before the next meeting. Mr. Stevens stated that an article still needs to be drafted. Benefits of a zoning district vs an overlay were discussed.
7. Solar Regulations-Possible Vote(s). Ms. Sharkey stated that several towns are using an overlay. Mr. Cundiff has heard that the Dover Amendment is extensive and some towns are getting “burned” by limiting solar. Mr. Cundiff suggesting generating a list of questions for Town Counsel.
8. 2020 Planning Board Meeting Schedule Possible Vote(s). Mr. Zwicker made a motion to accept the 2020 Planning Board Meeting Schedule as presented. Ms. Sharkey seconded the motion. Vote: Aye-7.
9. ZBA Application: JEH Real Estate Investment Company, LLC, 40 Depot Street (#2019-12)-Possible Vote(s). Atty. Rob Knapik joined the meeting and summarized that the Special Permit Application is being requested in order to reconstruct a building that was damaged by fire. The proposal is to reconstruct the rear and add an additional townhouse unit, which will then make the building slightly larger than the old footprint. The property was pre-existing, nonconforming. If the ZBA approves the application, the plan will come back before the Board for Site Plan Review. A discussion was held. The Board had no objection to the application.
10. Purchase of Chair(s) for Meeting Room-Possible Vote(s). A discussion was held. Mr. Cundiff will see which boards/committees wish to contribute and will bring that information to the Board.
Mr. Zwicker suggested installing a light over the easel. Mr. Marks asked Mr. Cundiff to ask Adam Furno.
11. Minutes: October 8, & 22, 2019-Possible Vote(s).
Mr. Greco made a motion to approve the October 8, 2019 Planning Board meeting minutes as amended. Mr. Socrat seconded the motion. Vote: Aye-7.
Mr. Greco made a motion to approve the October 22, 2019 Planning Board meeting minutes as presented. Mr. Schultzberg seconded the motion. Vote: Aye-6, Mr. Zwicker abstained.
12. Old/New Business:
Old Business: Mr. Zwicker asked if anyone has heard anything about the as-built for Upton Remediation. Mr. Cundiff stated that they verbally stated that they were going to give him a plan showing proposed grades and then get the Board to sign off on them before they do the work. They are bringing in some fill material. Mr. Cundiff will call Bruce and ask for an ETA.
Mr. Cundiff stated that the Town has applied for at least 6 grants.
Ms. Sharkey reminded the Board that Douglas needs a new Adult Entertainment Zone.
New Business: Mr. Stevens stated that the State took the old railroad trunkline trail, a portion of which is VB. Mr. Stevens feels the map should be accurate and show the areas owned by the State forest. A discussion was held.

8:24 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 8:24 PM. Mr. Greco seconded the motion. Vote: Aye-7.

Respectfully submitted,


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


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