9/24/2019 - Planning Board Meeting

9/24/2019 - Planning Board Meeting

Postby Maria Lajoie » Mon Sep 23, 2019 3:01 pm

(Community Meeting Room)
7:00 PM


1. McIntyre Bond, Northeast Main Street (ER-000222)
2. NOQW-Whitin Reservoir Estates: Removal of Rubble / Release of Covenant for Lots #2 & #3 (MOD-120906)
3. Lakeside Residential
4. Request for a one-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809)
5. Multi-Town Rezoning
6. Solar Regulations
7. Shady Knoll Estates: Bounds
8. Douglas Renewables, LLC, 170 West Street: Driveway Opening (Form G)
9. Zoning Bylaw Change Index
10. Request for Return of 53G Funds: Guaranteed Builders, Louie Subdivision, Catherine Way
11. Lenard Engineering Monitoring/Observation Contract: Summerlyn Estates
12. Upton Site Remediation, 466 Northeast Main Street: Stabilization Plan
13. ZBA Application: Thomas Evers, 200 Northwest Main Street (Special Permit-#2019-11)

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

Minutes: 7/9, 8/13
Future Agendas
10/8/2019: Public Hearing – Accessory Apartment Special Permit / Bobbie Ann Roy, 102 Perry Street
TBD: Private Ways
TBD: Subdivision Regulations
TBD: Forms

Upcoming Meetings: 10/8, 10/22, 11/12, 12/10
Maria Lajoie
Maria Lajoie
Posts: 1468
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 9/24/2019 - Planning Board Meeting

Postby Mary Wright » Mon Oct 28, 2019 6:08 pm


A meeting of the Planning Board was held on Tuesday, September 24, 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.

PRESENT: Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair), Les Stevens, Michael Zwicker
ABSENT: Ernest Marks (Chair-Excused), Aaron Socrat (Excused)
NON-VOTING: William Cundiff (Town Engineer)

1. McIntyre Bond (ER-000222). John Palmer and Tom McIntyre of McIntyre Loam joined the meeting. Mr. Palmer stated the facility is used as a processing station. Material is brought in, processed and brought back out. In the course of doing business, some grades have been changed. A complaint from a neighbor was received regarding earth removing and no restoration being done. Mr. Cundiff visited the site.
Mr. Palmer is working to be sure all of the paperwork is in place. He has contacted a surveyor for an as-built.
Mr. Cundiff stated that the surety restoration has been carried and renewed for years. The permit expired in 2004. The current surety expires 10/1/19. The replacement surety has been sent to Town Counsel, and he has not heard back from them yet. The surety is probably grossly inadequate, given the years that have gone by. The Town does need the agreement portion of the surety. Mr. Cundiff needs a construction schedule and needs to know how McIntyre plans to move forward. He would also like a formal response to his letter to McIntyre.
By next meeting, they will have an as-built, a timeline and will respond to Mr. Cundiff’s letter. Mr. Palmer cannot guaranty that the as-built will be completed by the next meeting. Ms. Sharkey stated that there should be zero earth removal until a new permit is issued, unless it is under 300 cu. Yd./year, which is allowed under the bylaw. The last restoration the Town is aware of was back in 2005.
Ms. Sharkey asked Mr. Cundiff for a list of active or open earth removal sites that are not yet restored.
2. NOQW – Whitin Reservoir Estates: Removal of Rubble (ABC)/Release of Covenant for Lots #2 & #3 (MOD-120906). Jennifer Gavelitz of NOQW and Bob Pace joined the meeting. Ms. Gavelitz stated that starting on 9/16/19, the ABC was sorted through by hand and many loads were moved to Pyne Sand & Gravel. Mr. Cundiff has not been to the site. He has not received a formal detailed summary and daily log and spreadsheet showing activity of removal and waste slips, which was requested at the last meeting. Mr. Cundiff asked the Board to authorize him to ask NOQW’s project engineer to prepare a detailed report in a clear and concise manner, starting from the start of the deposition of the material to date, as to the activity that has occurred, and certify what has been removed to provide to the Dept. of Environmental Protection (DEP). The volume of what was brought to the site needs to be able to be compared to the volume that was removed. A discussion was held.
Lori Funari of Funari Development joined the meeting and stated that it is not fair or practical to ask them to bring in an engineer after the fact. Mr. Pace stated that he has copies of emails that substantiate what has occurred at the site.
The Board requested that the applicant provide a report to be able to be submitted to DEP to support all the requirements for this clean up. Ms. Gavelitz will provide Mr. Cundiff with a summary of everything that has happened, in totality, and arrange a site visit with Mr. Cundiff, DEP, the applicant and perhaps a member of the Board to certify that all the removal has occurred.
Mr. Cundiff stated that there has been a lot of excavation at the southwestern edge of the cul-de-sac, and he wants to see at least two test pits at the northern edge of the pit at the end of the cul-de-sac prior to the final site visit. Mr. Cundiff needs to select the locations of the test pits and be there when they occur. Ms. Gavelitz will “take the reins on that”. Mr. Cundiff will resend last year’s email from Steve O’Connell of Andrews Survey & Engineering with the volume calculations for the first pile to Ms. Gavelitz.
Ms. Gavelitz has not yet provided a written description of all the conditions and their status because nothing has changed. She explained that “they” will not accept an application until the project is started. The only deviation is the release of the covenant for the first two lots. Mr. Cundiff stated that there are a number of conditions.
Ms. Gavelitz explained that they are looking to rescind the release of lots #1 and #2, and they are looking for a new release for lots #2 and #3, which would allow them to apply for building permits and donate $5,000 per the decision.
Mr. Zwicker made a motion to rescind the release of lots #1 and #2 and release lots #2 and #3 for Whitin Reservoir Estates (MOD-120906) pending Mr. Cundiff’s review of the decision and the letter of milestones from Ms. Gavelitz. Mr. Stevens seconded the motion. Vote: Aye-4.
Ms. Gavelitz also asked that the Town rescind the bond agreement that was executed in April or May and substitute it so that it includes lots #2 and #3. Mr. Cundiff questioned why the bond agreement is not for the whole subdivision. Ms. Gavelitz will get clarification.
3. Lakeside Residential. Mr. Stevens presented an updated map which includes all the lake bodies and documents each street. He will create a spreadsheet for parcel ID numbers. Not all the Wallum Lake parcels have been listed yet. Updating the Use Table, Lakeside Residential lots will be a minimum of 5,000 sq. ft., 50’ of frontage, 20’ front setback, 10’ side setbacks, and 20’ rear setback. Dwellings cannot be taller than 35’ and 2.5 stories on the vertical. On Wallum Lake Terrace, side and rear setbacks are 8’, front setback is 25’. A discussion was held.
Mr. Cundiff asked that the Fire Chief be asked to clarify the fire code requirements regarding distance between dwellings.
Bryan Levesque of 41 Kerney Road asked if this proposed zoning would apply to new construction. Ms. Sharkey explained that it is for reconstruction. Mr. Levesque asked if there would be any assistance for new construction on a number of adjoining parcels owned by the same owners. Mr. Zwicker replied in the negative. Mr. Levesque feels that that issue should be addressed. Ms. Sharkey stated that the table has been changed to 5,000 sq. ft. and 50’ of frontage. A discussion was held.
It was decided to change the Use Table to a 10’ rear setback.
4. Request for a 1-year Earth Removal Permit Extension: Pyne Sand & Stone, 439 Northeast Main Street (ER-170809). Jeremy Flansburg of 63 Monroe Street stated that this item was not advertised property and he feels the discussion should not be held. Mr. Cundiff clarified Mr. Flansburg’s opinion that this item qualifies as a Special Permit and it should have been advertised and abutters notified.
Mr. Cundiff stated that there have been instances when the Board has granted extensions outside of a public hearing process. The applicant was granted one extension a year ago; this would be the second extension. The decision has been recorded, however Mr. Cundiff has not received any as-builts for the site. Visually, the site looks close to the approved grades, therefore, he questioned why an extension is needed.
A discussion was held as to whether or not this item needs to be a public hearing. Mr. Cundiff will ask Town Counsel. The Board asked to see an as-built, if not for the next meeting, then the applicant would need to inform the Board when they would have the as-built.
Magen Michalik of 48 Davis Street stated that she was approached by Jim Pyne asking for letters from abutters to allow him to excavate closer to the boundary line.
5. Shady Knoll Estates: Bounds. Mr. Cundiff drafted warrant article language and submitted it to the Board of Selectmen, pending the number of bounds. He suggested that the article state the location of the installation as Shady Knolls Estates, budget a specific quantity of bounds, and spread them throughout the subdivision. The Board decided on 35 bounds for an amount not to exceed $12,500.
Mr. Zwicker made a motion to recommend to the Board of Selectmen to seek if the Town will vote to transfer the sum of $12,500 for highway bounds to be surveyed and installed throughout the Shady Knolls Estates subdivision. Mr. Stevens seconded the motion. Vote: Aye-4.
6. Multi-Town Rezoning. Mr. Cundiff stated that he received a packet from the Town of Uxbridge’s Town Planner that was drafted internally and supported by their Planning Board. They are asking both Douglas and Sutton to consider adopting this. The map shows a landlocked area of Town that is on the opposite side of Rte. 146, near Oakhurst and Lackey Dam Road. The zoning would facilitate common development and ease of development among the communities. Mr. Cundiff feels that Douglas’ by law is more liberal than that of Sutton and Uxbridge.
Ms. Sharkey stated that it would be easier to change uses than to adopt a new zoning. It was decided to put this item on the next agenda for discussion.
7. Douglas Renewables, LLC, 170 West Street, Driveway Opening(Form G). There was no discussion.
8. Zoning Bylaw Change Index. Mr. Cundiff stated that Town Counsel has stated that adding this page would not require Town Meeting approval. Mr. Zwicker made a motion to authorize Mr. Cundiff to request that the Town Clerk to insert this page into the current zoning book. Mr. Stevens seconded the motion. Vote: Aye-4.
9. Request for Return of 53G Funds: Guaranteed Builders, Louie Subdivision, Catherine Way. Ms. Sharkey recused herself. Mr. Cundiff does not feel that the numbers in the letter are correct. There is $970.97 in the account.
Mr. Stevens made a motion to authorize the chairman to sign the documents to release the funds in the 53G account for the Louie Subdivision, Catherine Way in the amount of $970.97, plus any accrued interest. Mr. Zwicker seconded the motion. Vote: Aye-3.
Ms. Sharkey rejoined the meeting.
10. Lenard Engineering: Monitoring/Observation Contract, Summerlyn Estates (DEF-050815). Mr. Cundiff has been working with the developer who was okay with using Lenard as an outside service. This work did occur today. The Town Administrator has signed it.
Mr. Zwicker made a motion to retroactively accept the contract and authorization of Lenard Engineering for the Monitoring/Observation Contract for Summerlyn Estates. Mr. Stevens seconded the motion. Vote: Aye-4.
11. Upton Site Remediation, 466 Northeast Main Street: Stabilization Plan (SPR-130819). Mr. Cundiff asked Gene Bernat to provide an update for the Board. Mr. Cundiff has asked him for an as-built and a restoration plan. Mr. Bernat is planning to shallow out the slopes, restore some of the site, bring in crushed glass, etc.
12. ZBA Application: Thomas Evers, 200 Northwest Main Street (Special Permit #2019-11). There was nothing in the folder. Ms. Sharkey stated that the applicant went before the Conservation Commission. The applicants were not increasing any nonconformities.
13. Solar Regulations. There was no discussion.
14. Minutes: July 9 & August 13, 2019: There were no new meeting minutes needing approval.

Mr. Cundiff stated that Gilboa Court Extension is in the process of trying to rule out the need for an under drain by doing test pits. They are having difficulty getting their engineer to the site.
Mr. Cundiff is amazed by the amount of heavy equipment and stockpiled material on Williams Drive.
Mr. Cundiff has been talking to a local developer about Evergreen Estates regarding picking up the project for senior housing.
Mr. Cundiff will send an email to the developer of the solar project on West Street about putting up “No Parking” signs. They are still trying to agree on a surety. The applicants did get a driveway permit, even though installation of snow fence along the property line and installation of “No Parking” signs on West Street was a condition of obtaining a driveway permit. Mr. Cundiff stated that the Board cannot impose a condition on the Highway Dept.

Mr. Greco made a motion to adjourn the Planning Board meeting at 8:51 PM. Mr. Zwicker seconded the motion. Vote: Aye-4.

Respectfully submitted,

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

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