02/26/2019 Planning Board Meeting

02/26/2019 Planning Board Meeting

Postby Maria Lajoie » Tue Feb 26, 2019 3:35 pm

PLANNING BOARD MEETING
TUESDAY, FEBRUARY 26, 2019
(Resource Room)
7:00 PM
“REVISED”

7:00 PM PUBLIC HEARING CONTINUED: DOUGLAS RENEWABLES, LLC (SPR-181120) Application for Site Plan Review
170 West Street

7:30 PM PUBLIC HEARING CONTINUED: ASD WALLUM MA SOLAR, LLC (SPR-181002) Application for Site Plan Review
0 Wallum Lake Road

7:45 PM ANR PLAN: PAUL N. & BETH A. BOUTIETTE (#2019-01)
140 Wallis Street

DISCUSSION
1. Guaranteed Builders & Developers, Inc., 37 Glen Street: Request for a 1 year Extension and request to modify the hours of operation and increase the daily removal volume of cubic yards (ER-180312)
2. Pyne Sand & Stone, Route 146 @ Lackey Dam Road: Request for a One-Year Earth Removal Special Permit Extension (ER-14-01)
3. Whitin Heights Subdivision: Bond Amount
4. Sign-William Estates, LLC, William Drive, Unit Numbers 2&4, 6&8, 10&12, 9&11, 5&7, 1&3: Duplex Special Permits (DPX-181219)
5. Economic Development Commission: Rezoning Request for Planning of Properties in Proposed New Industrial Park
6. Potential Rezoning Article/Main Street: Village Residential (VR) to Village Business (VB)
7. CMRPC Zoning Map Revisions
8. 2018 Annual Report
9. ZBA Application: Zachary Bousquet, 59 Southwest Main Street (Case #2019-02 / Special Permit)
10. Town Meeting Warrant Articles

Minutes: 1/22/19
________________________________________________________________
Future Agenda Items
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Retail Marijuana Regulations
TBD: Solar Regulations
TBD: Drone Regulations
Upcoming Meetings: 3/12, 3/26
Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
Maria Lajoie
Maria Lajoie
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Re: 02/26/2019 Planning Board Meeting

Postby Mary Wright » Sat Mar 23, 2019 11:53 am

YouTube Video of this meeting

PLANNING BOARD MEETING MINUTES
TUESDAY, FEBRUARY 26, 2019

A meeting of the Planning Board was held on Tuesday, February 26, 2019. 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, Michael Zwicker
ABSENT: Les Stevens
NON-VOTING: William Cundiff (Town Engineer)

7:06 PM PUBLIC HEARING CONTINUED: DOUGLAS RENEWABLES, LLC (SPR-181120) Application for Site Plan Review, 170 West Street.
Jeff Murphy of Beals and Thomas joined the meeting. Since the last meeting, the site plan review comments were submitted to the Town on 2/18/19, along with revised plans, which included a noise study, detailed information on the solar panel modules and stormwater overland flow calculations. Mr. Murphy reviewed the following changes to the plan: addition of signage along West Street for construction, expansion of a 95’ diameter turnaround area, expanded contractor parking, two additional stormwater basins, addition of the locations of all houses within 300’ of the property, addition of temporary construction fencing along the abutter property line, addition of erosion control barriers throughout the project, a full perimeter gravel driveway, expansion of the lower turnaround, addition of linear rip rap check dams, a long-term Operation and Maintenance Plan for stormwater BMPs, pollution prevention control measures, addition of a gate on West Street, and addition of a chain link fence with vinyl privacy slats along the eastern abutter’s property.
Mr. Murphy said that $400-$800 will be maintained for stormwater BMP maintenance. Mr. Cundiff feels this amount is low. Mr. Cundiff suggested conditioning the decision so that the permit is not affective if the basins are not maintained. He also suggested conditioning the decision to require that the Town receive a copy of the final pollution prevention plan.
Mr. Cundiff asked that the vehicle refueling sites or notes referring to the stormwater prevention plan be added to the plan. Julie Beauchemin stated that they can limit the refueling to one area.
Mr. Cundiff stated that his comments have been addressed. The Waiver Requests mainly refer to landscape requirements in terms of project screening. The basins and swales will be in place prior to the construction of the array. Modules are self-contained. The abandoned sheds will be razed.
Mr. Socrat asked that protocols regarding vehicle maintenance and spill prevention be referenced on the plan.
Ms. Sharkey made a motion to grant the waiver requests for section 5.3, section 9.4.4-1.c and section 9.4.4-1.e. Mr. Zwicker seconded the motion. Vote: Aye-6.
Ms. Sharkey made a motion to close the public hearing for Douglas Renewables, LLC (SPR-181120) Application for Site Plan Review, 170 West Street. Mr. Zwicker seconded the motion. Vote: Aye-6.
Ms. Sharkey made a motion to grant the Special Permit for Site Plan Review for Douglas Renewables, LLC (SPR-181120), 170 West Street. Mr. Greco seconded the motion. Vote: Aye-6.
Mr. Cundiff is working on creating a model decision. He suggested the following conditions: obtain a proposal and a value for decommissioning from an outside consultant familiar with decommissioning (roughly $35,000/megawatt), applicant must enter into a PILOT or TIF agreement with the Board of Selectmen (BOS), hours of operation to be 7:00 AM – 5:00 PM, except for holidays, no hazardous chemicals used or stored on site except for normal household quantities, no use of fertilizers, pesticides, herbicides, must use non-salt deicing methods, etc. Mr. Cundiff will draft a decision for the next meeting.

7:38 PM PUBLIC HEARING CONTINUED: ASD WALLUM LAKE MA SOLAR, LLC (SPR-181002): APPLICATION FOR SITE PLAN REVIEW, 0 Wallum Lake Road.
Mr. Cundiff read correspondence dated 2/12/19 from Sen. Fattman and Rep. McKenna outlining concerns from residents and the Dept. of Energy Resources (DOER) regarding this solar farm’s impact to residents and natural resources. He also read a Citizens Petition dated 2/4/19 containing 105 signatures.
Evan Turner of ASD Wallum Lake MA Solar and Jeff Brandt of TRC joined the meeting. Mr. Turner stated that there have been no changes to the plan since the last meeting. He feels that the citizens’ concerns have been addressed. Regarding groundwater contamination, they will not be using cadmium telluride thin-film panels. The electronics have multiple alarms monitored 24/7 with automatic shut off. The electromagnetic engineer had no concerns regarding electromagnetic waves.
Regarding the project’s impact on property values, Mr. Turner replied that he does not have an opinion on property values. The project will have 30’-40’ of wooded buffer and fences. Mr. Turner stated that the landowner has the right to use the land.
Mr. Cundiff’s primary concern is erosion on the site. The scope of the work is beyond the 100’ wetland buffer zone, however the work is designed as if it were within that buffer zone and is a conservative design. The Dept. of Conservation and Recreation (DCR) has reviewed the stormwater plans. The applicant and DCR had some back and forth and DCR has no further questions.
Mr. Cundiff stated that Site Plan Review is a by-right use, unless there is a safety related issue. Also, it is the Board’s prerogative to offer their opinion or not.
Mr. Socrat spoke about the financial value of the project to the Town and that, without the financial support for Town services and infrastructure, property values plummet. Mr. Zwicker stated that the Planning Board does not have the authority to prevent a landowner from coming forward with a project.
Mr. Cundiff will prepare a standard boilerplate of conditions.
Louis Tusino of 14 West Street stated that this use is not allowed. He stated, “It can be allowed, if you allow it.” He asked the Board to not vote for the project.
Sonia Verrochi of 15Angel Road asked what the procedure is for notifying the public about projects in Town. Mr. Marks replied that projects and public meetings are posted on the bulletin board in the Municipal Center, on the Douglas Public Access channel and on the Town’s website. Abutters 300’ or closer to projects receive a notice by certified mail.
Mike Gay of 22 Reid Road asked the Board to reference Sen. Fattman’s and Rep. McKenna’s letter which “clearly” stated that within regulations, it is discouraged for solar arrays to be within watershed areas. He does not understand how this array is an allowed usage for this property. Mr. Marks replied that the project is outside the watershed.
Joe Gibree of 21 Birch Hill Road stated that the Town’s Master Plan states that the “Town would choke itself if it didn’t do anything about industry.” He does not think that the Town’s future should be sold by populating it with solar panels. He feels it is the Board’s responsibility to protect the townspeople’s way of life.
Cheryl Guilmain of 1 and 3 Reid Road asked who would be responsible for maintaining the panels if the applicant goes bankrupt? Mr. Cundiff explained about the condition that will require surety for a decommissioning process. Ms. Guilmain asked what would happen if land erodes into the lake? Mr. Cundiff stated that funds can be conditioned to ensure that stormwater facilities are maintained in the event of a catastrophic failure.
Ms. Guilmain stated that this project is removing the wooded views, wildlife and beauty of the area. Mr. Marks stated that this land was previously slotted for a 20-home subdivision and was not slotted to remain as untouched habitat.
George Lahousse of 11 and 18 Birch Hill Road is opposed to the project. He asked about the 50’ setback. Mr. Turner explained that the 50’ setback applies along Wallum Lake Road. It begins as a 50’-setback for the first two houses on Birch Hill Road for the driveway and then expands to 250’. At Mr. Lahousse’s property, the setback is approximately 150’. Mr. Lahousse asked the applicant to consider a setback of 500’.
Charlotte Gibree of 21 Birch Hill Road asked if anyone spoke to Burrillville, RI. Mr. Marks stated that they have not heard any comments from Burrillville. Mr. Cundiff stated that the Burrillville Planning Board was notified of the project, and the project was publicly advertised.
Craig Wilga of 30 Wallis Street asked how vegetation was going to be controlled. Mr. Turner stated that it will be mowed once a month. Mr. Wilga cautioned that weeds will grow higher than the arrays, and he feels that the area should be mowed every other week. He was concerned about the use of herbicides. Mr. Turner said that herbicides will not be allowed. Mr. Wilga asked how the panels will be cleaned. Mr. Turner replied that rain is usually sufficient.
Mr. Wilga asked how the Town will make money from this project. Mr. Cundiff replied that the project is a taxable use, and the Town will enter into a PILOT or a Tax Increment Financing (TIF) agreement with the BOS if the project is approved. Mr. Wilga spoke about the decrease in solar profitability/production vs. the destruction of the value of the land. He advised the Board to ask the applicant for projections of their profitability. Mr. Cundiff stated that that information is beyond the scope of the Planning Board. Ms. Sharkey stated that the bylaw states that approval shall be granted upon determination after consideration of the qualities of the specific location of the proposed land use.
Mr. Cundiff explained that this property is owned by one property owner and consists of approximately 20 properties. This property has already been approved for a subdivision. The owner can come before the Planning Board and ask for a permit for anything that is allowable. The Planning Board only processes applications. An application can only be denied based on whether or not it meets regulations, not based on how many people are displeased with the project. Mr. Socrat asked, if the applicant meets the regulations, can an application be denied for other reasons? Mr. Cundiff stated that that is a question for Town Counsel.
Rob of 28 Wallum Lake Road stated that the array is the equivalent of an 8-story glass office building, and he is opposed to the project. He does not feel like the Town has the infrastructure to allow for the construction of this project and he feels it would be a safety issue to allow it.
Mr. Gibree asked for clarification that solar arrays are allowed anywhere in Town. Mr. Cundiff stated that State law, 40A section 3 – the Dover amendment – allows this use within zoning, even though it may not be perceived as complying with the zoning of the district. Mr. Gibree asked if Douglas could put a moratorium on solar arrays. Mr. Cundiff stated that Town Counsel would need to be consulted to see if a moratorium could be put on solar arrays, however this project would not be affected by that moratorium.
Mr. Turner asked, if this project is denied for a reason other than not meeting the regulations, why are the rights of this landowner considered differently. Mr. Turner stated that the applicant is now asking that the public hearing be closed as they have no new information.
Mr. Cundiff stated that the Board has 90 days after closing the public hearing to make a decision. Town Counsel may provide clarification on the process. If the Board has more questions of the applicant, they do not need to close the public hearing, however, if their questions have been answered and satisfied, the applicant has the right to request closing of the public hearing.
Mark Dautrich of 3 Angel Road argued that not every property owner has the right to do what they want with their property.
Mr. Tusino insisted that the Planning Board makes the decision of whether or not solar is approved or disapproved.
Mr. Socrat asked that Town Counsel be asked if the Board can request a comparison of property values relative to their distance to solar arrays.
Mr. Gay asked if the solar array would generate more income for the Town than a 24-unit subdivision. He asked to know how much, and for how long, the solar array would generate income for the Town. Mr. Turner would not address PILOT payments because it is not relative to the specific criteria of the array.
Lauri Lauretano of 5 Roslyn Road asked, if this project is approved, who approves the PILOT or TIF. Mr. Cundiff stated that a condition of the decision will be that the applicant will enter into an agreement with the BOS.
Ms. Sharkey made a motion to close the public hearing for ASD Wallum MA Solar, LLC (SPR-181002), Application for Site Plan Review, 0 Wallum Lake Road. Mr. Ballou seconded the motion. Vote: Aye-6.
Town Counsel will be invited to the next meeting.

9:09 PM ANR PLAN: PAUL N. & BETH A. BOUTIETTE (#2019-01)
Mr. Cundiff stated that the applicants are carving out backland to add to a parcel that has frontage on Wallis Street. Mr. Cundiff’s comments have been addressed. Parcel 1 is 2.1 acres.
Ms. Sharkey made a motion to endorse the ANR plan for Paul N. and Beth A. Boutiette (#2019-01). Mr. Zwicker seconded the motion. Vote: Aye-5, Mr. Socrat was not present.

DISCUSSION:
1. Guaranteed Builders & Developers, Inc., 37 Glen Street: Request for a 1 year Extension and a Request for a minor change in hours of operation and daily removal of cubic yards, 37 Glen Street (ER-180312). Ms. Sharkey recused herself. Mr. Socrat rejoined the meeting. Mr. Cundiff stated that there is an existing one-year permit for earth removal for this site. The applicant asked for three things: a 12-month extension to 5/8/20, modification of the hours of operation from 8:00 AM – 3:00 PM to 7:00 AM – 4:00 PM, and to increase the daily earth removal volume from 200 cu. Yd./day to 1250 cu. Yd./day, which is the equivalent of changing from 6 trailer dumps/day to 37 trailer dumps/day. Realistically, they could be done in three months. Andy Leonard of Pyne Sand & Stone joined the meeting.
Mr. Cundiff asked the Board to consider whether these requests constitute a major or a minor change to the permit. A discussion was held.
Mr. Zwicker made a motion to extend the Earth Removal permit (ER-180312) to May 8, 2020, increase tonnage to 880 cu. Yd./day, and change the hours of operation to 7:00 AM – 4:00 PM. Mr. Greco seconded the motion. Vote: Aye-4, Ms. Sharkey and Mr. Socrat abstained.
Complaints will be handled as they come in. Trucks will not be started until 6:45 AM. Ms. Sharkey rejoined the meeting.
2. Pyne Sand & Stone, Route 146 at Lackey Dam Road: Request for a One-Year Earth Removal Special Permit Extension (ER-14-01). Andy Leonard of Pyne Sand & Stone joined the meeting. Mr. Cundiff stated that the applicant is asking for a one-year extension for the Area E permit. An as-built was provided.
Ms. Sharkey made a motion to grant the one-year extension for the permit ER 14-01, parcel E, pending Town Counsel’s approval of the bond. Mr. Zwicker seconded the motion. Vote: Aye-6.
3. Whitin Heights Subdivision: Bond Amount. Mr. Cundiff explained that a new surety value of $135,514.36 has been agreed upon. Jennifer Gavelitz of NQOW and Mr. Pace joined the meeting. Ms. Gavelitz has the application, which needs to be signed by Lori Funari. Mr. Cundiff explained that the agreement is with Funari, not with Mr. Pace’s company. Mr. Cundiff stated that Atty. Talerman’s preference is to maintain a direct relationship with Funari. As far as transferring the bond from Funari to NQOW, Mr. Cundiff will speak with Town Counsel.
Ms. Gavelitz stated that the next step is to release the covenants for lots 1 & 2 which was agreed to in 2014. The decision has been recorded.
Mr. Cundiff stated that this is a flexible development; one lot is an affordable unit. The Dept. of Community Housing and Development won’t accept the application until there has been some activity.
Mr. Cundiff suggested getting a specific plan in writing from the applicant so that it can be reviewed. The plan should detail the schedule for the housing application. Ms. Gavelitz agreed. Mr. Pace hopes to have 7-8 houses built this year.
Mr. Zwicker made a motion to release lots 1 and 2 at Whitin Heights Subdivision, pending the review from Town Counsel for the cash bond, as submitted. Mr. Greco seconded the motion. Vote: Aye-6.
4. William Estates, LLC, William Drive, Unit Numbers 2 & 4, 6 & 8, 10 & 12, 9 & 11, 5 & 7, 1 & 3: Duplex Special Permits (DPX-181219)-Sign. Mr. Cundiff stated that the applicant agrees with the form.
5. Economic Development Commission: Rezoning Request for Planning of Properties in Proposed New Industrial Park. Mr. Cundiff stated that the Economic Development Commission is suggesting rezoning an area in the northeast corner of Town, south of Hartford Avenue. It was the consensus of the Board to authorize Mr. Cundiff to advertise and move forward.
6. Potential Rezoning Article/Main Street: Village Residential (VR) to Village Business (BV). The map in the packet shows the parcels being considered for rezoning, VR-VB. It was the consensus of the Board to authorize Mr. Cundiff to move forward, as well as propose a new use in the Use Table. Ms. Sharkey suggested adding a couple uses to the Use Table. She will suggest new uses at the next meeting.
7. CMRPC Zoning Map Revisions. Mr. Cundiff suggested the Board have a discussion with the specific intent of identifying an Adult Entertainment Overlay District, as it is beyond the scope of what is being done, and the proposed overlay district is next to the most densely populated area in Town. The Board agreed.
8. 2018 Annual Report: Mr. Cundiff stated that the report was submitted to Suzanne Kane.
9. ZBA Application: Zachary Bousquet, 59 Southwest Main Street (Case #2019-02/Special Permit). Mr. Zwicker stated that the applicant has over three acres, and he is parking two trucks and three trailers on the property. This case been before the ZBA, and they denied the Special Permit. The Board had no comment.
10. Town Meeting Warrant Articles: Mr. Cundiff stated that warrant articles are due to the BOS by March 1, 2019. The following are being considered for road acceptance: Woodland Road, Wildflower Drive, and Cobblestone Lane. A couple of those roads may not meet the deadline for this Town Meeting.
Darling Way was accepted at the last Town Meeting, however there is a small square of property between Pond Street and Darling Way that may have been excluded. Mr. Cundiff and Town Counsel are working on that issue.
11. Minutes: January 22, 2019
Mr. Greco made a motion to approve the minutes for the January 22, 2019 Planning Board meeting as amended. Ms. Sharkey seconded the motion. Vote: Aye-6.

9:58 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 9:58 PM. Ms. Sharkey seconded the motion. Vote: Aye-6.

Respectfully submitted,


Mary Wright
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