3/10/2020 - Planning Board Meeting

3/10/2020 - Planning Board Meeting

Postby Maria Lajoie » Tue Mar 10, 2020 7:54 am

PLANNING BOARD MEETING
TUESDAY, MARCH 10, 2020
Community Meeting Room
A G E N D A
7:00
BUSINESS:
7:00 PUBLIC HEARING CONTINUED: BWC Whitin Reservoir, LLC
c/o BlueWave Solar
Application for Site Plan Review Permit (SPR-200203)
Application for a Scenic Road Permit (SR-200203)
45 Oak Street – Possible Votes

8:00 PM PUBLIC HEARING CONTINUED: JEH Real Estate Investment Company, LLC (SPR-200114)
Application for Site Plan Review
40 Depot Street – Possible Votes

DISCUSSION:
1. Sleepy Hollow Earth Removal/Grading Progress Plan (ER-160815) – Possible Votes
2. Request for an Extension for an Earth Removal Special Permit: Pyne Sand & Stone Company, 1 Lackey Dam Road (ER-140129) – Possible Votes
3. Guaranteed Builders & Developers, 37 Glen Street As-built Plans & Surety (ER-070501) - Possible Votes
4. Warrant Articles: Zoning Bylaw Amendment for Non-conforming Lots– Possible Votes
5. Solar Bylaw – Possible Votes
6. Subdivision Monuments – Possible Votes
7. Minutes: 2/25 – Possible Votes
_________________________________________________________
Future Agenda Items:
TBD: Douglas Subdivision Bounds
TBD: Residential Compounds
TBD: Private Ways
TBD: Subdivision Regulations
TBD: CMRPC Regional Housing Study
TBD: Adult Entertainment Bylaw
TBD: Forms
Upcoming Meetings: 3/10, 3/24


Note: Times are estimates unless denoted as a Hearing.
Items listed are those reasonably anticipated as a topic
48 hours in advance by the Chairman
The Town of Douglas is an equal opportunity Provider and Employer.
Maria Lajoie
Maria Lajoie
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Re: 3/10/2020 - Planning Board Meeting

Postby Mary Wright » Thu May 21, 2020 5:23 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, MARCH 10, 2020

A meeting of the Planning Board was held on Tuesday, March 10, 2020. Mr. Marks called the meeting to order at 7:02 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chair), Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair-left 8:18 PM), Aaron Socrat, Les Stevens
ABSENT: Michael Zwicker (Excused)
NON-VOTING: William Cundiff (Town Engineer)

BUSINESS:

7:02 PM PUBLIC HEARING CONTINUED: BWC WHITIN RESERVOIR, LLC, c/o BLUEWAVE SOLAR (SPR-200203) APPLICATION FOR SITE PLAN REVIEW PERMIT (SPR-200203), APPLICATION FOR SCENIC ROAD PERMIT (SR-200203), 45 Oak Street- Possible Votes.
Mr. Cundiff stated that they will not be discussing the scenic road permit. The driveway has been relocated, hence the applicant needs to re-advertise.
Atty. David Berson of Bacon Wilson joined the meeting. Also present were Jeff Murphy of Beals & Thomas and from BWC were Carly Rowe, Patrick Kay and Jackie Firsty. Atty. Berson submitted responses today from the peer review.
Mr. Murphy presented the revised plans, which included the following: the proposed entrance has been shifted closer to Susan’s house to improve the sight distance, added a sign for a left turn only out of the site, designed the opening to be able to accommodate the turning movements of a WB-67 tractor trailer truck, added a permanent paved apron 20’ into the site, added a note that the crushed stone apron will be reduced down to an 18’ gravel drive meeting the 20’ apron, no work beyond the proposed ECB line, added notes to protect the existing monuments, and relocated the temporary contractor staging area to be along the proposed road. They investigated another area along Oak Street and found that the area has issues and is not preferred.
Ms. Firsty joined the meeting and presented a ground shading analysis that shows that none of the area is shaded more than 50% of the time, March through October.
Atty. Berson stated that the solar portion will not use pesticides. The concern is to prohibit pesticide use in the agricultural portion, which is out of the applicant’s control. A discussion was held.
Mr. Murphy stated that the only thing outstanding is stormwater. He and Mr. Cundiff will be meeting later this week to review it. The stormwater basin is the same, but the access ramp has been disconnected.
Mr. Murphy presented the cross section of the elevation from Oak Street. 280’ of woodland will remain.
Orange construction fence will be erected behind the ECB line when the limit of work approaches within 25’ of the abutting property line. Mr. Murphy does not feel it is necessary to stake the property line every 50’ as the property is surrounded by a stone wall.
The applicant will be asking for waivers for general landscaping requirements-screening from other properties. The proposed screening is to remain. A discussion was held.
Atty. Berson is in favor of negotiating a PILOT agreement with the Board of Selectmen. A discussion was held.
Laurie Hout of 41 Oak Street asked for the plan if the trees used as a visual buffer do not survive in the long term. Mr. Murphy stated that the intent is not to add any additional vegetation. They cannot do anything in the wetlands. Atty. Berson stated that they will have to maintain any vegetative buffers that are added to the property.
Shirley Mosczynski of 60 Oak Street asked about the chain link perimeter fence. Mr. Murphy stated that its overall height will be 7’ and there will be 8” high critter gaps underneath. She is concerned with the attitude towards pesticide and the traffic.
Bill Rossi of 41 Oak Street asked if the utility connection will be moved with the road. Mr. Murphy replied in the affirmative. Mr. Cundiff asked about the telephone pole arrangements that are usually pushed against the road. Mr. Parlon stated that National Grid will dictate how the poles are arranged. Mr. Parlon states that they try to avoid a pole farm.
Jane Mosczynski of 85 Oak Street asked about the critter gap and if it could be raised higher than 8”.
Ms. Sharkey made a motion to continue the public hearing for BWC Whitin Reservoir, LLC, c/o BlueWave Solar (SPR-200203) Application for Site Plan Review Permit (SPR-200203) Application for Scenic Road Permit (SR-200203), 45 Oak Street to March 24, 2020 at 7:45 PM. Mr. Socrat seconded the motion. Vote: Aye-5.

8:03 PM PUBLIC HEARING CONTINUED (SPR-200114): JEH REAL ESTATE INVESTMENT COMPANY, LLC, APPLICATION FOR SITE PLAN REVIEW, 40 Depot Street.
Mike Dryden of Allen Engineering joined the meeting. In response to correspondence from Mr. Cundiff, vacuuming and jetting provisions have been added to the Operation and Maintenance of the subsurface system (cultec HD), and references have been added to the construction phase O&M and to add a sign or trap rock at the construction entrance. Mr. Dryden prefers adding signage to be sure all construction vehicles use the wide entrance. Mr. Cundiff feels his concerns have been addressed.
Mr. Dryden reviewed the waivers. The letter dated 1/14/20 has not changed. Two waivers regard a locus map and contents of the Impact Assessment. They have not provided a traffic study.
Mr. Socrat made a motion to close the public hearing for an Application for Site Plan Review (SPR-200114) for JEH Real Estate Investment Company, LLC, 40 Depot Street. Ms. Sharkey seconded the motion. Vote: Aye-5.
Mr. Socrat made a motion to grant the waivers, #1, #2 and #3 as indicated on the sheet dated 2/28/20 entitled “Revised Waiver Request List, Site Plan Review” as discussed for an Application for Site Plan Review (SPR-200114) for JEH Real Estate Investment Company, LLC, 40 Depot Street. Ms. Sharkey seconded the motion. Vote: Aye-5.
Mr. Stevens made a motion to approve the Application for Site Plan Review (SPR-200114) for JEH Real Estate Investment Company, LLC, 40 Depot Street. Mr. Schultzberg seconded the motion. Vote: Aye-5.

DISSCUSSION:
1. Sleepy Hollow Subdivision/Grading Progress Plan (ER-170809)-Possible Votes. Mr. Cundiff stated that there is no update. As-builts have been submitted and they are proceeding with the road construction.
2. Request for an Extension of an Earth Removal Special Permit: Pyne Sand & Stone Company, 1 Lackey Dam Road (ER-140129)-Possible Votes. Andy Leonard of Pyne Sand & Stone joined the meeting and stated that this is just an annual extension. This is area E, which is right up against the Sutton town boundary line. The permit expires tomorrow.
Mr. Cundiff stated that the original plan holds the town boundary line elevation and then slopes down from there for the excavation. The applicant has been granted a permit in Sutton. Instead of a mound between the two towns, they are excavating through. Technically, it is beyond the approved grades. Mr. Cundiff requested an updated drawing showing no further than elevation 400. He expects the applicant to knock down the slope on the town boundary line to have a flat area. Written authorization granting the extension is needed from the property owner.
Ms. Sharkey made a motion to grant the request for a One Year Extension of an Earth Removal Special Permit: Pyne Sand & Stone Company, 1 Lackey Dam Road (ER-140129) Area E, subject to the conditions that a revised plan be submitted with the minor modification for the grades, written authorization from the property owners is received, and the surety is in order. Mr. Greco seconded the motion. Vote: Aye-5.
3. Guaranteed Builders & Developers, 37 Glen Street As-Built Plans & Surety (ER-180312)-Possible Votes. Ms. Sharkey recused herself and left the meeting. Mr. Cundiff has been asking for as-builts for a month. The property has been sold and there is a new owner. Granting an extension may be problematic. Technically, the project should be completed by the permit expiration date of 5/8/20.
Going forward, Mr. Cundiff suggests a condition that Building Permits not be issued until the site is restored. Town Counsel has said that it is possible to use surety to restore the site, if needed.
A gentleman in the audience stated that they are waiting for the weather to improve so that grass will grow. He expects to have an as-built any day now.
4. Warrant Articles: Zoning Bylaw Amendment for Non-Conforming Lots-Possible Votes. Mr. Cundiff read an email from Town Counsel which said that the changes would provide a substantial amount of new rights to build on non-conforming properties, which go well beyond what most towns provide. Town Counsel felt that some of the changes cut out the Building Commissioner’s role, which would be inconsistent with law. Mr. Cundiff read Town Counsel’s comments. A discussion was held.
It was the consensus of the Board to pull this item off the Town Meeting warrant as it does not reflect what the Board wants to address.
5. Solar Bylaw: Possible Votes: Mr. Cundiff stated that Town Counsel has prepared a draft. It holds 30 kW as the differential between residentially scaled and commercially scaled, added a definition for each, and added each to the Use Table. 30 kW or less is allowed by right in all districts with site plan review, and over 30 kW is allowed in all zoning districts by Special Permit through the Planning Board. They are adopting regulations. Mr. Stevens asked to allow Municipal Use. A discussion was held. The Board did not feel that the Town should be exempt from going through the process.
Bryan Levesque of 41 Kerney Road asked for clarification. He does not see a difference in the process from what is currently done for a commercial solar farm in a residentially zoned area. Mr. Cundiff stated that the regulations will determine the process. A discussion was held. Mr. Cundiff suggested having the site plan review process established through the regulatory process. It was decided to add to subsection 1, if the array is outside the current building envelope (property line to the setback line), it needs to come for review. Mr. Cundiff will run this by Town Counsel
6. Subdivision Monuments-Possible Votes. Mr. Cundiff stated that the article is carrying an amount which should be sufficient to do Conservation Drive in its entirety.
7. Minutes: February 25, 2020-Possible Votes.
Mr. Greco made a motion to approve the February 25, 2020 Planning Board meeting minutes as presented. Mr. Socrat seconded the motion. Vote: Aye-4.
8. Old/New Business:
Old Business: Mr. Stevens reminded the Board that the Residential Compound bylaw needs updating.
New Business: Mr. Cundiff provided information to the Board of Selectmen regarding a warrant article for the zoning map update.

9:09 PM ADJOURNMENT:
Mr. Schultzberg made a motion to adjourn the Planning Board meeting at 9:09 PM. Mr. Socrat seconded the motion. Vote: Aye-4.

Respectfully submitted,


Mary Wright
Recording Secretary
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