10/22/2019 - Planning Board Meeting

10/22/2019 - Planning Board Meeting

Postby Maria Lajoie » Tue Oct 22, 2019 8:56 am

(Community Meeting Room)
7:00 PM

1. Whitin Reservoir Estates: Flexible Development Special Permit (FD-120403)
2. Lakeside Residential
3. *Request for Bond Reduction: Summerlyn Estates, Wildflower Drive (DEF-050815)
4. Solar Regulations
5. Residential Compounds
6. Multi-Town Mixed Commerce
7. Cardinal Drive Surety Request
8. One-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809) - Sign
9. Request for an Accessory Apartment 3-year Extension: Kenneth Hansen, 29 Shore Road (AA-040819)

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

Minutes: 9/10, 9/24, 10/8
Future Agendas
TBD: Private Ways
TBD: Subdivision Regulations
TBD: Forms
TBD: *Adult Entertainment Bylaw

Upcoming Meetings: 11/12, 12/10

*The “Revised” items are in RED.
Maria Lajoie
Maria Lajoie
Posts: 1454
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 10/22/2019 - Planning Board Meeting

Postby Mary Wright » Mon Nov 18, 2019 8:56 pm


A meeting of the Planning Board was held on Tuesday, October 22, 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.

PRESENT: Ernest Marks (Chair), Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair), Aaron Socrat, Les Stevens
ABSENT: Michael Zwicker
NON-VOTING: William Cundiff (Town Engineer), Mark Kaferlein (Building Commissioner-left 7:22 PM)

1. Whitin Reservoir Estates: Flexible Development Special Permit (FD-120403). Mr. Cundiff stated that some test pits were dug, which he observed. He spoke with the Dept. of Environmental Protection, issued a letter that they are good to go, and they are in the process of reviewing some paperwork. The two lots have not yet been released.
2. Lakeside Residential. Mr. Cundiff stated that it was unclear from the last meeting as to whether or not the Board wanted to pursue a new zoning district or an overlay district. Mr. Marks thought that it was decided that Central Mass. Regional Planning Commission (CMRPC) would pursue an overlay. Mr. Barron had recommended a zoning district. Ms. Sharkey has reviewed the tape, and Mr. Marks had said he was fine with a zoning district as long as recommendations were added.
Mr. Cundiff read correspondence from the Fire Chief. who stated that he feels this is a building code issue. There are no specific fire codes for distance between buildings, however the Fire Chief had concerns about small lots and the buildings being that close together. The Chief feels new homes/renovations should be required to install sprinklers.
Mr. Kaferlein stated that 10’ is needed between structures for fire separation.
Mr. Marks stated that he is in favor of an overlay district because there is more control.
Mr. Cundiff will ask Town Counsel Adam Costa if he will come in and talk to the Board at the next meeting about overlay districts vs. zoning district. Ms. Sharkey has signed up for the 10/29/19 class in Worcester regarding overlay districts. She will bring the slides to the next meeting.
Mr. Kaferlein does not understand why the Board would want to create 5,000 sq. ft. lots. He feels that, while lakeside residential may make it easier for the Zoning Board, it would make it much more difficult for him. If this goes through, it should apply to only lots with existing, occupied structures. Setbacks should be consistent with the Town’s zoning bylaws, and the minimum is VR, which is 15’ side setbacks. Mr. Stevens explained that the purpose of lakeside residential is to reduce the burden on the property owners. In that case, Mr. Kaferlein feels that an overlay would be the better option. A new district would make every property in that district a buildable lot and every other property existing non-conforming.
3. Request for Bond Reduction: Summerlyn Estates, Wildflower Drive (DEF-050815): Dan Heney joined the meeting. In the packet is a letter from Orbison Corp. requesting a bond reduction. Paving, granite curbing, drainage work, some clearing around the edges, tack coat, loaming and seeding have recently been done. Mr. Cundiff stated that it looks nice. Mr. Cundiff reviewed Mr. Heney’s submittal and changed some of the numbers. Mr. Cundiff could not find the street tree or light waivers in the minutes.
Mr. Heney has made arrangements to clear trees from the detention pond. He gave Mr. Cundiff a partial as-built which shows the grade on the roads, pavement and drainage, but not the detention pond. Mowing will need to be completed before the bond is released. A discussion was held.
Mr. Stevens made a motion to reduce the bond for Summerlyn Estates, Wildflower Drive (DEF-050815) to $10,818.50. Ms. Sharkey seconded the motion. Vote: Aye-6.
4. Cardinal Drive Surety Request. Ms. Sharkey recused herself. Louis Tusino joined the meeting. Mr. Cundiff asked for clarification regarding the letter he received requesting a surety release. Mr. Cundiff does not know the bond that Mr. Tusino is referring to. Mr. Tusino said he is looking for the release of the bond that was posted, however he did not post the bond. Mr. Tusino explained that there were three different owners of the property before he bought it from the bank. Mr. Tusino feels that, since a bond was posted for a job, and since he finished that job, he should receive the funds, however he has been told that the funds have been released. Mr. Tusino said that Town Counsel Atty. Jay Talerman said at a meeting, “I told those guys not to give him back the bond.”
Mr. Marks explained that Dan Heney had owned the project and put up the bond. Mr. Heney sold the project. A previous Board voted to return the funds, and the bond was released. The person who bought it never put up bond money, went bankrupt, and the project was never built. Now Mr. Tusino bought it and is doing the work. Mr. Tusino was never asked for bond money in the past. Mr. Cundiff replied that the Town did receive surety in the form of a no-build covenant.
Mr. Cundiff distributed an email from Town Counsel giving an overview of what has occurred to date. Mr. Cundiff suggested the Board wait to hear back from Atty. Talerman. A discussion was held.
Ms. Sharkey rejoined the meeting.
5. Solar Regulations. The Board reviewed the Town of Webster’s solar regulations that were presented in the packet. A discussion was held. The Board will continue review both the Town of Sutton’s and Webster’s regulations and come up with a recommendation for the next meeting.
Jeremy Flansburg of 63 Monroe Street asked what defines a small installation vs. a large installation. The Board explained that it is based on kilowatts.
6. Residential Compounds. Mr. Cundiff’s main concern regarding residential compounds is gravel roads. This item was moved to “Future Agenda Items”.
7. Multi-Town Mixed Commerce. There was no discussion.
8. Request for a 1-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809)-Sign. Jeremy Flansburg of 63 Monroe Street stated that on 9/24/19, the Board agreed that they should get Town Counsel’s opinion on the actual advertisement. Ms. Lajoie had posted it (the meeting) on the 3rd with the Town Clerk, but it was not on the Town’s website. It was revised and posted on the 7th at 11:27 on the Town’s website, which is less than 24 hours from the time the meeting was to take place. Mr. Flansburg was not at that meeting because he did not know about it.
Mr. Flansburg went to the Attorney General’s Office and learned that a meeting has to be posted within 48 hrs. of the meeting. Also, the Town’s website is not an official posting location; it needs to be posted on the bulletin board. He feels the request for the extension should be re-advertised and abutters notified, as Town Counsel recommended.
Mr. Stevens stated that there were several revisions of that agenda. Mr. Marks stated that the meeting was posted on the bulletin board. A discussion was held.
Mr. Flanders said that the heading “Discussion” is not defined by the Attorney General. Voting cannot take place under “Discussion”. It was decided to add the title “Agenda” and remove the heading “Discussion”. Mr. Cundiff will talk to Town Counsel and devise a template that makes it clear which items will be voted upon.
Mr. Flansburg asked if Mr. Pyne had submitted his partial as-builts. Mr. Cundiff replied that he has not. Mr. Flansburg asked if the Board is going to sign the extension without seeing the as-builts. Mr. Cundiff stated that the Board was going to review the decision and Mr. Pyne was going to comply with the requirements of the decision.
Mr. Flansburg asked if the Town was going to get a new bond. Mr. Cundiff replied that the Town received a continuation of the bond. If Mr. Pyne files for an amendment or another permit that expands the area, he will have to re-file. The current plan is no different than what was originally approved, which is what the surety was based on.
9. Request for an Accessory Apartment 3-Year Extension: Kenneth Hansen: 290 Shore Road (AA-040819).
Mr. Socrat made a motion to approve the request for an Accessory Apartment Three-Year Extension for Kenneth Hansen: 290 Shore Road (AA-040819). Ms. Sharkey seconded the motion. Aye-6.
10. Minutes: October 8, 2019.
There were no minutes to approve.

Ms. Sharkey stated that the Town of Sutton posts YouTube videos prior to Town Meeting explaining each warrant article. Mr. Marks stated that articles are explained at the Board of Selectmen meetings and Finance Committee meetings. A discussion was held.

Mr. Cundiff stated that a presentation on Affordable Housing was given by Ron Barron of CMRPC at the last meeting. This came as a grant through the Board of Selectmen’s office. The Planning Board is welcome to provide input. Ms. Sharkey found an article on a study Sutton had done. Sutton has 1.5% affordable in their town; Douglas has 4.4%. A discussion was held. Mr. Stevens will find a report done on the Cape regarding cottages as affordables.

In the packet is a list of open earth removal sites. The Board asked that the list include the following columns: Status (open, expired, completed, closed) and Type of Surety. Mr. Cundiff read 6.1.8.

Right of First Refusal: Orange Street: This was placed on the next agenda.

Mr. Cundiff stated that Zoning, Conservation Commission and Planning Board are each being asked to purchase two new chairs for this meeting room. The chairs cost $150-$200 each. Ms. Sharkey suggested that each board that uses this room be asked to purchase one chair. Mr. Marks asked Mr. Cundiff to inform the Board as to what the other boards decide to do.

Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:05 PM. Mr. Greco seconded the motion. Vote: Aye-6.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 591
Joined: Thu Jan 12, 2012 8:56 pm

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