03/26/2019- Planning Board Meeting

03/26/2019- Planning Board Meeting

Postby Maria Lajoie » Mon Mar 25, 2019 2:28 pm

(Community Meeting Room)
7:00 PM

1. Possible Vote - 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 – Donation Agreement Extension: Kingwood Estates Subdivision Project
4. Sign - Donation Agreement Extension: Bombara Overlook Subdivision Project
5. Bald Hill Road

Minutes: 3/12
Future Agendas
4/9/19: Public Hearings: Zoning Bylaw/Map Amendments (3)
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Retail Marijuana Regulations
TBD: Solar Regulations
TBD: Drone Regulations
Upcoming Meetings: 4/9, 4/23

Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
Maria Lajoie
Maria Lajoie
Posts: 1468
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 03/26/2019- Planning Board Meeting

Postby Mary Wright » Tue Jun 04, 2019 6:42 pm


A meeting of the Planning Board was held on Tuesday, March 26, 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.

PRESENT: Ernest Marks (Chairman), Ken Ballou, Tracy Sharkey (Vice Chairperson), Les Stevens, Aaron Socrat, Michael Zwicker
ABSENT: Michael Greco
NON-VOTING: William Cundiff (Town Engineer)

Whitin Reservoir Estates: Mr. Cundiff stated that the Planning Board signed the covenant at the last meeting, pending approval of Town Counsel. The applicant is asking that the Board release two building permits, but no occupancy permits would be released, pending their sale and posting of the surety that has been agreed upon. This document was submitted late this afternoon.
Ms. Funari is in the process of selling the project to another party. The issue is posting surety. Town Counsel has spoken with Lori Funari, and there is some risk on their side, but they can move forward with the conditional release of the lot.
Ms. Sharkey made a motion to rescind the last covenant for Whitin Reservoir Estates. Mr. Zwicker seconded the motion. Vote: Aye-6.
Ms. Sharkey made a motion to endorse the new covenant for Whitin Reservoir Estates, pending Town Counsel’s review and approval. Mr. Zwicker seconded the motion. Vote: Aye-6.

1. Sign: Douglas Renewables, LLC (SPR-181120), Application for Site Plan Review, 170 West Street. Mr. Cundiff stated that a few edits were made to the form as a result of the last meeting. He stated that another parcel that is part of the project is in Chapter 61A. He recommended adding a condition that is consistent with the statue that may require a right-of-first-refusal and/or payment of rollback taxes. The Board agreed. Mr. Cundiff will have Town Counsel draft the language.
2. Bald Hill Project: Steve O’Connell of Andrews Survey & Engineering joined the meeting. He stated that before Steve Bangma commits to purchasing the 10-acre parcel currently owned by the Coppolas, he would like to get an informal opinion from the Board that they would sign an ANR plan. There would be no division of property. The seller plans to restrict in perpetuity, by deed, for no further subdivision. The seller would like the property to be one owner, one dwelling, and for perhaps an agricultural use. Mr. Cundiff stated that an ANR plan cannot be conditioned. The property would need to be deed restricted. A discussion was held.
There is no layout for Bald Hill Road. Mr. Cundiff stated that there are new regulations from the Board of Fire Protection. The Fire Chief agrees that those conditions should be held as a minimum standard. Mr. Cundiff cautioned the applicant to be sure the way is suitable for the Board to sign off on and the work would need to be done before the plan is filed.
3. Possible Vote: ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road. Chairman of the Board of Selectmen (BOS) Kevin Morse joined the meeting. He strongly urged the Board to take the advice of legal counsel presented at the last meeting regarding how to act regarding legal counsel. Mr. Morse explained the PILOT program.
Ms. Sharkey made a motion to approve the site plan review for ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road with the following conditions: the limit of disturbance shall be no closer than 110’ to any house, road location: re-center location of access road to center of entrance, shift road 30’, split the difference to allow 30’ of additional buffer, remove both diversion berms from the plan, add one detention pond basin in lieu of solar panels to the north of existing pond, and privacy fencing on both sides until turnaround. All revisions are to be shown on an administrative plan submitted by the applicant. Mr. Socrat seconded the motion. A discussion was held
Mr. Socrat explained the reasoning behind the conditions presented in the motion made by Ms. Sharkey. Evan Turner joined the meeting to review the conditions. Discussions were held, including stormwater flow, berms, detention ponds, and erosion.
Mr. Turner stated that as an applicant, he cannot provide any new information and the Board should not consider new information. He explained that the plan did not have a north basin because it was felt that it was not necessary because they had check dams and berms. If the berms and check dams are removed, the engineers had said that a pond would be reasonable. A previous design showed a pond with no berms or check dams.
The vote for the above motion was as follows: Aye-5, Mr. Stevens abstained.
A gentleman in the audience, who lives to the south of the project, was appreciative and impressed with the willingness of everyone involved to work with them. He stated that on paper, there should be no increase in stormwater or flood on Shore Road. If there is, what is the contingency? Ms. Sharkey stated that there are guarantees in place that everything should function as calculated. Mr. Turner stated that if, for example, the berms are not designed correctly, he cannot get an Occupancy Permit.
The Board called a recess at 7:50 PM and reconvened at 7:54 PM.
4. Sign: Donation Agreement Extension: Kingwood Estates Subdivision Project. Signing this document and the one for Bombara Overlook allows the Town to use the remaining bond money from the failed projects for roadway maintenance.
5. Sign: Donation Agreement Extension: Bombara Overlook Subdivision Project. See #3 above.
6. Minutes: March 12, 2019
Approval of the minutes of the March 12, 2019 Planning Board meeting was deferred to the next meeting.

It was decided to remove drone and marijuana regulations from the agenda.
Upton Site Remediation, NE Main Street: Mr. Cundiff stated that the Town was refusing to return the bond money because they felt the site was not restored property. Upton Site Remediation was taking the Town to court because of that. Gene Bernat is going to drop the appeal and wants to work with the Town to restore the site to meet the Town’s approval.

Mr. Zwicker made a motion to adjourn the Planning Board meeting at 8:07 PM. Ms. Sharkey seconded the motion. Vote: Aye-6.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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