04/09/2019 Planning Board Meeting

04/09/2019 Planning Board Meeting

Postby Maria Lajoie » Thu Apr 04, 2019 1:45 pm

PLANNING BOARD MEETING
TUESDAY, APRIL 9, 2019
(Resource Room)
7:00 PM

7:00 PM PUBLIC HEARING: Proposed Zoning Bylaw Change
Section 1.7 – Editorial Revisions

7:15 PM PUBLIC HEARING: Proposed Amendments to the Zoning Bylaws & Zoning Map: VR to VB

7:30 PM PUBLIC HEARING: Proposed Amendments to the Zoning Bylaws & Zoning Map: RA to IND

7:45 PM ANR PLAN: MARY H. BRUNDAGE (#2019-03)
Maple Street, Douglas and Buffum Road, Uxbridge

7:55 PM ANR PLAN: AMY NADEAU & KRISTINE MURELLO (#2019-04)
Shore Road

DISCUSSION
1. Informational Presentation: Grow Space New England
2. Proposed Road Acceptance: Deer Crossing/Woodland Road
3. Proposed Road Acceptance: Stone Gate Estates/Cobblestone Lane
4. Proposed Road Acceptance: Summerlyn Estates/Wildflower Drive
5. Whitin Reservoir Estates: Revised Covenant
6. William Estates: Tripartite Agreement / Covenant
7. Sign - ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road
8. Sign – Accessory Apartment Special Permit: John & Christine Furno, 1 Stonehill Drive (AA-001106)
9. Voucher

Mail
Minutes: 3/12, 3/26
________________________________________________________________
Future Agendas
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Solar Regulations


Upcoming Meetings: 4/23, 5/15 (Wednesday)

Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
Maria Lajoie
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Re: 04/09/2019 Planning Board Meeting

Postby Mary Wright » Tue Jun 04, 2019 6:44 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, APRIL 9, 2019

A meeting of the Planning Board was held on Tuesday, April 9, 2019. Ms. Sharkey called the meeting to order at 7:00 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ken Ballou, Michael Greco (arrived 7:04 PM), Tracy Sharkey (Vice Chairperson), Aaron Socrat, Les Stevens, Michael Zwicker
ABSENT: Ernest Marks (Chairman),
NON-VOTING: William Cundiff (Town Engineer)

7:00 PM PUBLIC HEARING: PROPOSED ZONING BYLAW CHANGE, Section 1.7-Editorial Revisions.
Ms. Sharkey opened the public hearing. Mr. Cundiff stated that this change originated from the Town Clerk ‘s office. The bylaws have a few administrative errors, such as incorrectly numbered sections. Instead of renumbering at Town Meeting, this change would allow the Town Clark to make those edits. The Clerk would not be allowed to change the content of the bylaws.
Mr. Zwicker made a motion to close the public hearing for proposed zoning bylaw change, section 1.7 – Editorial Revisions. Mr. Ballou seconded the motion. Vote: Aye-5.
Mr. Zwicker made a motion to favorably recommend to the Annual Town Meeting the proposed bylaw change, pursuant to MGL Chapter 48, section 5, by adding section 1.7 as presented. Mr. Stevens seconded the motion. Vote: Aye-5.

7:11 PM ANR PLAN: MARY H. BRUNDAGE (#2019-03), Maple Street, Douglas and Buffum Road, Uxbridge.
Mr. Cundiff stated that the property straddles the Douglas/Uxbridge town line. The house will be predominately in Douglas. Mr. Cundiff stated that his comments, which pertained to frontage and area, have been addressed. The frontage will be as required in Douglas, and all the lots meet the area requirements. He read a letter from Town Counsel. Mr. Cundiff stated that there is a shed on the property that will fall within the building setback.
Mr. Zwicker made a motion to endorse the ANR plan for Mary H. Brundage (#2019-03), Maple Street, Douglas and Buffum Road, Uxbridge. Mr. Ballou seconded the motion. Vote: Aye-6.

7:17 PM PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING BYLAWS & ZONING MAP: VR to VB.
Ms. Sharkey opened the public hearing. Mr. Stevens recused himself. Mr. Cundiff stated that this property was approved as a definitive subdivision for The Lane at Hunts Pond. The buyers have proposed using the property as a wedding venue/function hall. This bylaw change will not have an impact on the approved subdivision and is not spot zoning as there is a VB zone across the street. This request originated from the Board of Selectmen (BOS), however since a notice was not received from the BOS, this article would be sponsored by the Planning Board. A discussion was held.
Mr. Socrat was concerned about potentially having businesses surrounded by residences. Mr. Cundiff stated that property owners and abutters were notified, and he did not receive any comments.
Ms. Sharkey questioned why this was not done by use of a citizen’s petition or by adding an additional use of a function hall as a special permit use, instead of changing the zone of an approved subdivision.
Carol Gogolinski of 55 Island Road and the Economic Development Commission (EDC) stated that, before anyone suggested a function hall on the property, she had recommended to the Town Administrator that this area be rezoned to VB. Douglas is desperate for locations for businesses. The EDC is in favor of rezoning.
Les Stevens of 31 Brookside Drive spoke in favor of having zone VB from Depot Street to The Lane.
Jeremy Flansburg of 63 Monroe Street does not object to proposal, but suggested going the route of a special permit rather than rezoning.
Mr. Zwicker made a motion to close the public hearing for proposed amendments to the zoning bylaws and zoning map, VR to VB. Mr. Greco seconded the motion. Vote: Aye-5.
Mr. Zwicker made a motion to favorably recommend to the Annual Town Meeting the proposed amendments to the zoning bylaws and zoning map, VR to VB. Mr. Greco seconded the motion. Vote: Aye-3, No-1, Ms. Sharkey abstained.
Mr. Stevens rejoined the meeting.

7:38 PM PUBLIC HEARING: PROPOSED AMENDMENTS TO THE ZONING BYLAWS & ZONING MAP: RA to IND.
Ms. Sharkey opened the public hearing. Mr. Cundiff stated that property owners and abutters were notified. This change originated with the EDC.
Bob Minarik of the EDC joined the meeting. Mr. Minarik stated that the EDC would like to make a minor change to the request. Mr. Cundiff stated that Fig. 1 shows what was advertised; the proposed change is shown on Fig. 1a, and the zoom-in of the change is shown on Fig. 1b. Mr. Minarik described the section of Hall Street that they want to keep as RA. This amendment will need to be made on the floor of Town Meeting. Mr. Cundiff explained the procedure.
Joseph Hall asked that lot 166-15 be removed from the proposal, and lot 166-14 be left open. He will know prior to Town Meeting if he wants the zoning to change on lot 166-14. Mr. Minarik stated that the EDC does not object to that request.
Barry Philbrook of West Street asked why they are rezoning to Industrial. Mr. Stevens and Mr. Minarik explained that the area currently abuts Industrial, and they are looking to extend the zone up to the Uxbridge line to create room for a 205-acre industrial park. All traffic for the park would use Rte. 16.
Mr. Philbrook was concerned that if this change is made, houses could be built behind him. Ms. Gogolinski explained that Mr. Philbrook could have houses built behind him now; if the zoning is changed, he could not. Mr. Cundiff stated that with the proposed amendment to the zoning article, there is the potential for two houses behind Mr. Philbrook.
Mr. Flansburg is opposed to the change. He stated, “You are taking one of the most pristine farms on Monroe Street and putting a steel building behind it.” His property is VR. He stated that all the house lots his father worked for will be gone because no one will want to buy a house with a steel building in their backyard. Mr. Cundiff explained how the limit of the current industrial zone is defined. Mr. Cundiff explained that the map is a zoning map, and the only changes on the map are the proposed zoning changes, which are marked in red hatching. There is nothing new on the map.
Barbara Van Reed of 36 Monroe Street stated that her property abuts 165-27, and she would like to know exactly what is going to happen there. Mr. Cundiff stated that no current, active proposals have been submitted to the Town for permitting for any of these parcels. Active proposals will need to come before the Planning Board for site plan review. The rezoning is an effort by the EDC to bring industry to the Town and help the tax base.
Mr. Flansburg asked if the Board is willing to sacrifice an historical house, barn and farm for industry. Mr. Zwicker stated that it is up to the residents to vote at Town Meeting.
Mr. Zwicker made a motion to close the public hearing for proposed amendments to the zoning bylaws and zoning map, RA to IND. Mr. Greco seconded the motion. Vote: Aye-4, Mr. Socrat and Mr. Stevens abstained.
Mr. Zwicker made a motion to favorably recommend Figure 1 to the Annual Town Meeting for the proposed amendments to the zoning bylaws and zoning map, RA to IND. Mr. Ballou seconded the motion. Vote: Aye-4, Mr. Socrat and Mr. Stevens abstained.

8:07 PM ANR PLAN: AMY NADEAU & KRISTINE MURELLO (#2019-04), Shore Road.
Mr. Cundiff stated that this ANR is virtually identical to Mr. Jolicoeur’s ANR plan that came before the Board several months ago. The plan was endorsed at that time, but the buyer did not record the plan that was endorsed. The new owner is now moving forward with the same plan.
Mr. Cundiff’s only comment was that there was a typo in one of the notes. All other comments have been addressed. Lot 2 has a slope in excess of 10% across its entire frontage, and the applicant has suggested that grading will occur to gain access.
Mr. Zwicker made a motion to endorse the ANR plan for Amy Nadeau and Kristine Murello (#2019-04), Shore Road. Mr. Socrat seconded the motion. Vote: Aye-6.

DISCUSSION:
1. Informational Presentation: Grow Space New England. This presentation was postponed to the next meeting.
2. Proposed Road Acceptance: Deer Crossing/Woodland Road. Mr. Cundiff stated that, due to the timeline and the meetings that are left for the BOS, the road acceptances for Deer Crossing/Woodland Road, Stone Gate Estates/Cobblestone Lane (see #3 below) and Summerlyn Estates/Wildflower drive (see #4 below) will not comply with the statutory requirements for laying out the way with the BOS. Deer Crossing and Summerlyn have withdrawn their requests for road acceptance for this annual Town Meeting. He is still waiting to hear from Stone Gate Estates.
3. Proposed Road Acceptance: Stone Gate Estates/Cobblestone Lane. See #2 above.
4. Proposed Road Acceptance: Summerlyn Estates/Wildflower Drive. Mr. Cundiff stated that Wildflower Drive will not be going to Town Meeting for road acceptance. Mr. Cundiff is concerned because there has been no activity on the site for 3-4 years. The site is virtually built out, and he is anxious to get the road accepted as a public way. The road needs a topcoat of paving and some minor dressing up and cleaning up. There have been no complaints from the residents of Wildflower Drive. The surety is the same value as it was when it was established in 2005, and is therefore not enough to pay for the work that remains to be done.
Dan Heney joined the meeting. He is working with excavating to get this going. There is one lot remaining to be built out, and it needs 1500 yards of material brought in. He is trying to sell the lot. He has an engineer and an attorney in place to do the road acceptance work. Mr. Heney will work with Mr. Cundiff to create a schedule.
5. Whitin Reservoir Estates: Revised Covenant. Mr. Cundiff stated that the last time the Board met, they signed a lot release for lots 1 and 2, pending an agreement between Funari and Bob Pace. Town Counsel edited the document, and the new document is before the Board tonight. Surety must be posted by no later than 10/1/19. Occupancies will be held until surety is posted.
Roy Swenson of 565 Northwest Main Street asked why the Board would entertain this change, because the Town already has a covenant in place. He explained a history of this project, which has been going on for 17 years and ownership of the development has changed three times.
Lori Funari joined the meeting and stated that one document the Board signed was for the lot releases and the other to was to allow them to put in two lots before they had approval from the Dept. of Housing and Community Development (DHCD). Mr. Cundiff stated that the document that was recorded at the Registry of Deeds was clarification on lot releases prior to DHCD approval. This subsequent recording says they can have two lots released prior to DHCD approval. Mr. Cundiff presented Town Counsel’s edits. A discussion was held.
Ms. Funari stated that they have a closing date in two weeks. If the Board signs this revised covenant tonight, “they” are supposed to come down to get building permits tomorrow. Mr. Cundiff stated that statute requires that surety be in place for subdivisions. He asked why building permits are needed to close on the sale. Ms. Funari stated that the new buyer wants a guarantee that he can start to build. Mr. Cundiff stated that it has already been stated that once surety is posted, two building permits can be pulled.
Ms. Sharkey’s opinion was that Ms. Funari should have the new developer pull the bond, Ms. Funari sign it, and the new developer can post it. Mr. Cundiff stated that this project currently has a No-Build Covenant, which is acting as surety. A discussion was held regarding transferring sureties.


Ms. Funari continued to state that she cannot get a bond in her name and the new developer’s name because she is not going to remain as an owner of the property. The Board asked to know, why couldn’t Ms. Funari get the bond, then when Mr. Pace owns the property, he would post his bond and Ms. Funari’s bond would be released back to her. Ms. Funari stated that she was told by the bonding company that the Town would not release the surety once they have it. Mr. Cundiff stated, and the Board agreed, that once new surety is in place, they can release surety back to Ms. Funari.
It was the consensus of the Board that surety must be posted.
Mr. Zwicker made a motion to approve the lot releases for Whitin Reservoir Estates pending posting of adequate surety in a form approved by Town Counsel. Mr. Ballou seconded the motion. Vote: Aye-6.
6. William Estates: Tripartite Agreement/Covenant. Bruce Taylor joined the meeting and stated that William Estates is requesting a release of the covenant. They have a tripartite agreement with Webster Federal Credit Union supplying the surety of $118,000. The mortgage will be recorded within a week. Mr. Cundiff stated that Town Counsel has reviewed the form. Mr. Cundiff will hold on to the agreement and covenant until Town Counsel is satisfied.
Mr. Stevens made a motion to release the covenant and accept the tripartite agreement for William Estates. Mr. Zwicker seconded the motion. Vote: Aye-6.
7. Sign: ASD Wallum MA Solar, LLC (SPR-181002), Wallum Lake Road. Mr. Cundiff stated that he worked off the boilerplate for West Street’s approval, and he added the conditions that were read as part of the approval of this project. Evan Turner recommended some minor changes to the document, regarding that the decommissioning bond should be “commercially reasonable”. Town Counsel did not agree with those edits and the Board agreed with Town Counsel.
8. Sign: Accessory Apartment Special Permit: John & Christine Furno, 1 Stonehill Drive (AA-001106). Mr. Socrat made a motion to approve the Accessory Apartment Special Permit renewal for John and Christine Furno, 1 Stonehill Drive (AA-001106) as presented. Mr. Ballou seconded the motion. Vote: Aye-6.
9. Voucher.
10. Minutes: March 12 & March 26, 2019.
Approval of the March 12 and March 26, 2019 Planning Board meeting minutes was deferred to the next meeting.

8:54 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 8:54 PM. Mr. Socrat seconded the motion. Vote: Aye-6.

Respectfully submitted,


Mary Wright
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