03/12/2019 Planning Board Meeting

03/12/2019 Planning Board Meeting

Postby Maria Lajoie » Thu Mar 07, 2019 3:24 pm

PLANNING BOARD MEETING
TUESDAY, MARCH 12, 2019
(Resource Room)
7:00 PM

7:00 PM Town Counsel Discussion: Site Plan Review Process / Private Ways / Waivers

7:30 PM ANR PLAN: LACKEY DAM PROPERTIES, LLC (#2019-02)
63 Cedar Street

DISCUSSION
1. ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road
2. Sign - Douglas Renewables, LLC (SPR-181120) Application for Site Plan Review, 170 West Street
3. Sign - Pyne Sand & Stone, Route 146 @ Lackey Dam Road: Request for a One-Year Earth Removal Special Permit Extension (ER-14-01)
4. CMRPC Zoning Map Revisions
5. Town Meeting Warrant Articles

Minutes: 2/26
________________________________________________________________
Future Agenda Items
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Retail Marijuana Regulations
TBD: Solar Regulations
TBD: Drone Regulations
Upcoming Meetings: 3/26, 4/9, 4/23

Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
Maria Lajoie
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Re: 03/12/2019 Planning Board Meeting

Postby Town Engineer » Mon Mar 25, 2019 8:31 am

PLANNING BOARD MEETING
TUESDAY, MARCH 12, 2019
(Resource Room)
7:00 PM

“REVISED”

7:00 PM Town Counsel Discussion: Site Plan Review Process / Private Ways / Waivers

7:30 PM ANR PLAN: LACKEY DAM PROPERTIES, LLC (#2019-02)
63 Cedar Street

DISCUSSION
1. Possible Vote - ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road
2. Proposed Road Acceptances: Deer Crossing/Woodland Road; Stonegate Estates/Cobblestone Lane; Summerlyn Estates/Wildflower Drive
3. Town Meeting Warrant Articles
4. Sign - Douglas Renewables, LLC (SPR-181120) Application for Site Plan Review, 170 West Street
5. Sign - Pyne Sand & Stone, Route 146 @ Lackey Dam Road: Request for a One-Year Earth Removal Special Permit Extension (ER-14-01)

Minutes: 2/26
________________________________________________________________
Future Agendas
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Retail Marijuana Regulations
TBD: Solar Regulations
TBD: Drone Regulations
Upcoming Meetings: 3/26, 4/9, 4/23

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

YouTube Video of Meeting
William J. Cundiff, P.E.
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Re: 03/12/2019 Planning Board Meeting

Postby Mary Wright » Tue Jun 04, 2019 6:40 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, MARCH 12, 2019

A meeting of the Planning Board was held on Tuesday, March 12, 2019. Mr. Marks called the meeting to order at 7:06 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), Les Stevens, Aaron Socrat, Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer), Atty. Jay Talerman (Town Counsel)

7:06 PM ANR PLAN: LACKEY DAM PROPERTIES, LLC (#2019-02) 63 Cedar Street.
Robert Cherrier of 12 Birch Street joined the meeting. He stated that his father owns property on Cedar Street, and it was found that his neighbor’s driveway was on the corner of his lot. Mr. Cherrier would like to break off the corner lot and eventually deed it over to the neighbor. The lot has over 200’ of frontage and is over 90,000 sq. ft. Mr. Cundiff stated that all the revisions he requested have been made.
Ms. Sharkey made a motion to endorse the ANR plan for #2019-02, Lackey Dam Properties, LLC, 63 Cedar Street. Mr. Socrat seconded the motion. Vote: Aye-6.

7:09 PM TOWN COUNSEL DISCUSSION: SITE PLAN REVIEW PROCESS/ PRIVATE WAYS/WAIVERS.
Atty. Talerman joined the meeting. He explained that Site Plan Review compels someone to come in with a plan to “check certain boxes” and if those boxes are checked, the board has much less discretion. Site plan review cannot say “no, because I do not like the project.” A special permit can be denied if it is felt that the project is not right for a neighborhood. That cannot be done with site plan review. Community character and social welfare do not enter into site plan review.
Atty. Talerman spoke to Douglas’ bylaw regarding land use and environmental impacts. Regarding unfiltered water leaving the site, that issue would need to be demonstrated and regulated.
He next reviewed the Dover Amendment, chapter 40a section 3, which protects agricultural, educational and religious uses. The Dover Amendment does not allow a town to create regulation. A town cannot deny a protected use unless there is a serious public safety issue. Douglas does not disallow solar under its Use Table. The only mechanism Douglas has to govern solar is Site Plan Review, and only core safety issues can be applied.
Even though the public hearing is closed for ASD Wallum MA Solar, LLC (SPR-181002), Atty. Talerman quoted that “the Board may impose reasonable conditions, at the expense of the applicant, including performance guarantees to promote these objectives,” i.e. screening to minimize clear cutting.
Atty. Talerman offered to draft a decision for SPR-181002 to legitimately address the Board’s public safety concerns.
Regarding accepting comments from the audience, presentations of opinions are allowed, however Mr. Cundiff cautioned the Board to not allow leverage for any argument to arise.
Mr. Zwicker asked to know how secure the decommissioning funds are. Atty. Talerman replied that his decommissioning agreements are “pretty solid” and have tight restrictions on bonding companies.
The discussion next turned to private ways. Mr. Cundiff reviewed that the Town recently adopted a general bylaw that allows the Town to do certain things on private ways. Many private ways come before the Board and request waivers.
Regarding Isabella Drive, Maple Heights Estates, Robert Dumas of 4 Isabella Drive went before the Board of Selectmen (BOS) to ask them to consider accepting Isabella Drive as a public way. Mr. Cundiff presented a surety value of $75,000 at the BOS meeting for work remaining on the project. The BOS asked that the developer be pursued to finish the road and that a mechanism be created so that the Town is not left in a similar situation moving forward. Mr. Cundiff gave the background on the issue. Mr. Dumas was in the audience.
Atty. Talerman stated that the process for developing a private way to a public way is something every town has to make a decision about. A town is not able to auction a last buildable lot to pay for a road if taxes are being paid on it. Atty. Talerman explained the process and pros and cons of going to court to have the developer/ responsible party fix Isabella Drive. He will work with Mr. Cundiff to craft a letter on his letterhead to send to the owner of the third lot regarding fixing the road.
Mr. Dumas hopes that the Town will stand by the no-build covenant. He feels that he has done everything that he can do.
Regarding snow removal on a private way, Atty. Talerman stated that a town can chose to remove snow on a private way without any liability to keep removing snow, but once a town repairs a private way, the town owns, at least, the repair.
A gentleman in the audience asked if there is a process in Town for betterments so that private ways can fund their own improvements. Atty. Talerman replied that there is a bylaw where a majority of landowners fronting on a way can petition, or a town can do work on a private way pursuant to a specific statute, or a town can do a road betterment on any property at any time.

DISCUSSION:
1. Possible Vote: ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road. See 7:09 PM discussion above. Mr. Cundiff will keep this item on the agenda until the Board decides to vote. The deadline for voting on this decision is 90 days from the date of the public hearing. Mr. Marks stressed that all members must be present at the next meeting to vote on this.
2. Proposed Road Acceptances: Deer Crossing/Woodland Road; Stonegate Estates/Cobblestone Lane; Summerlyn Estates/Wildflower Drive. Mr. Cundiff stated that some subdivisions have submitted language to go to Town Meeting. He has not received anything from Stonegate (article 22). The 50’ x 50’ section of Darling Way that was in the Pond Street subdivision that was excluded at a prior Town Meeting, is included to be accepted at the upcoming Town Meeting.
3. Town Meeting Warrant Articles. Mr. Cundiff presented the draft for the Town Meeting Warrant Articles. There are four zoning bylaw changes. The public hearings will be April 9, 2019. Mr. Cundiff explained some of the changes being proposed, including 43d.
4. Sign: Douglas Renewables, LLC (SPR-181120), Application for Site Plan Review, 170 West Street. This has been reviewed by Town Counsel. All parties are in agreement. Mr. Cundiff suggested that language requiring that sureties be from a Massachusetts firm be added back in to the conditions.
Mr. Cundiff is structuring this decision in order to develop a good model. He reviewed the general conditions. A discussion was held.
Mr. Socrat suggested adding restoration for decommissioning under #17. Mr. Cundiff stated that traditionally, the purpose of decommissioning is to remove the materials that are there. Mr. Zwicker reminded the Board that the land is privately owned. The Board would like to add language provided by Town Counsel. A discussion was held. Mr. Cundiff suggested adding “…and site restoration…”. The Board was in agreement, however the language should speak to stabilization and erosion control.
It was also decided to add language to refer to specific sites for fueling of vehicles, ownership transfers must be updated, stumps can be removed from site and/or stumps can be ground but cannot be stockpiled or buried, “two years” for #13 and #42, and reasonable site access for officials and board members.
5. Sign: Pyne Sand & Stone, Route 146 at Lackey Dam Road: Request for a One-Year Earth Removal Special Permit Extension (ER-14-01).
6. Minutes: February 26, 2019
Mr. Greco made a motion to approve the minutes for the February 26, 2019 Planning Board meeting as presented. Mr. Zwicker seconded the motion. Vote: Aye-6.

OTHER BUSINESS:
Mr. Stevens asked to add zoning for solar to the warrant.

9:09 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:09 PM. Mr. Socrat seconded the motion. Vote: Aye-6.

Respectfully submitted,


Mary Wright
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