5/27/2020 - Planning Board Meeting

5/27/2020 - Planning Board Meeting

Postby Maria Lajoie » Thu May 21, 2020 3:12 pm

PLANNING BOARD MEETING
WEDNESDAY, MAY 27, 2020
REMOTE MEETING
A G E N D A
7:00 PM

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BUSINESS:
7:00 PM REORGANIZATION

7:00 PUBLIC HEARING CONTINUED: COOPERS TOWN ROAD REALTY TRUST (RC-200219)
Application for a Definitive Subdivision Residential Compound “Hawk Hill Farm”
768 & 772 Northwest Main Street – Possible Votes

7:30 PM PUBLIC HEARING CONTINUED: WILLIAM STARUK (AA-200224)
Application for an Accessory Apartment Special Permit
12 Parker Road – Possible Votes
• Request for a Continuance

7:30 PM ANR PLAN: TOWN OF DOUGLAS (#2020-02)
Wallum Lake Road, Map 236, Lot 2

7:45 PM PUBLIC HEARING CONTINUED: BWC Whitin Reservoir, LLC
c/o BlueWave Solar
Application for Public Shade Tree Permit (ST-200304)
Application for Site Plan Review Permit (SPR-200203)
Application for a Scenic Road Permit (SR-200304)
45 Oak Street – Possible Votes

ADDITIONAL BUSINESS:
1. Future Meeting Dates – Possible Votes
2. Shady Knoll Estates Monuments Update - Possible Votes
3. Earth Removal Special Permit: Guaranteed Builders & Developers, 37 Glen Street (ER-180312) - Possible Votes
4. ZBA Application/Request for Special Permit & Variance: McIntyre Materials, 470 Northwest Main Street (CASE #2020-02) – Possible Votes

5. ZBA Application/Request for Special Permit: Rebecca Laramee, 17 Hough Road,
(CASE #2020-03) – Possible Votes
6. Minutes: 3/10/20 – Possible Votes
7. Minutes: 4/30/20 – Possible Votes


________________________________________________
Future Agenda Items:
6/11/20: Public Hearing: ASD Wallum Lake MA Solar, LLC: Lakewood Estates, 0 Wallum Lake Road
6/11/20: Public Hearing: 93 Davis Realty Trust, 93 Davis Street
TBD: Douglas Subdivision Bounds
TBD: Residential Compounds
TBD: Private Ways
TBD: Subdivision Regulations
TBD: CMRPC Regional Housing Study
TBD: Adult Entertainment Bylaw
TBD: Forms
TBD: Upcoming Meeting: 6/11


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



Maria Lajoie
Maria Lajoie
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Posts: 1463
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 5/27/2020 - Planning Board Meeting

Postby Mary Wright » Sat Jul 18, 2020 11:38 am

PLANNING BOARD MEETING MINUTES
WEDNESDAY, MAY 27, 2020

A meeting of the Planning Board was held on Wednesday, May 27, 2020. Ms. Sharkey called the meeting to order at 7:06 PM and announced that, due to the COVID-19 pandemic, the meeting is being streamed live on YouTube, broadcast through Facebook, and recorded for future rebroadcasting. Participants were invited to join the meeting remotely (Zoom).

ATTENDANCE:
PRESENT: Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair), Aaron Socrat, Michael Zwicker
ABSENT: Ernest Marks (Chair), Les Stevens
NON-VOTING: William Cundiff (Town Engineer), Kevin Morse (Chair, Board of Selectmen), Thomas McIntyre, Dan McIntyre, Corey Stearns, Jackie Firsty (BlueWave Solar-Remote), Matt Parlon (BlueWave Solar-Remote), and others.

BUSINESS:

REORGANIZATION.
This item was postponed to the next meeting.

7:06 PM PUBLIC HEARING CONTINUED: COOPERS TOWN ROAD REALTY TRUST (RC-200219), APPLICATION FOR A DEFINITIVE SUBDIVISION RESIDENTIAL COMPOUND, “HAWK HILL FARM”, 768 & 772 Northwest Main Street-Possible Votes.
Byron Andrews of Andrews Survey & Engineering joined the meeting remotely. He had prepared a letter regarding eligibility of the applicants for a residential compound, which he sent to Mr. Cundiff, who then sent it to Town Counsel. Town Counsel has responded that the definition of “common ownership” is generally viewed to include related ownership in common control.
The land has been in common ownership, either individually or collectively, since 2000. The largest section of land is owned jointly, and two lots are individually conveyed to each of the Chapman and Schlesman families. Mr. Andrews feels that the ownership is in harmony with the intent of the regulation. A discussion was held.
The Board asked to receive documentation of the common ownership. Mr. Andrews stated that the land was purchased jointly by Mr. Chapman and Mr. Schlesman in 2000, and the individual lots were conveyed by each of them individually in 2001 and 2002.
Ms. Sharkey stated that all entities could act on their own, which is not common control. Mr. Cundiff cautioned the Board, that while they do not set precedence, this decision could be pointed to by other projects down the road.
Mr. Andrews has not yet fully investigated Travis McCullen’s request for an easement for a right-of-way on parcel 3. He believes he needs to look back and see if there was common ownership at some point. If so, there could be a proscripted easement for access. If not, the clients would need to convey an easement, if interested.
Travis McCullen joined the meeting remotely and stated that the 40 acres he owns has been in the family since 1980, and access was given by Chamberlain in 2000, however no proscripted right-of-way could be found. He has no way to access his property. Mr. Andrews stated that the Schlesman Trust parcel is 40 acres and does not have adequate access for a residential compound.
Atty. Jay Talerman joined the meeting remotely and stated that the properties in question were clearly in common control, if not common ownership. The question was interpretation of the term “common ownership”. His conclusion was that the most likely and strong interpretation of that, was that it mirrored what we know to be common ownership in the zoning and planning context. He clarified “in control”. Mr. Zwicker summarized, as long as there is proper documentation as to “when this all took place,” then they meet the intent of the regulations. The Board needs documentation of when the ownership of all three properties took place, and the applicant needs to show common thread of control. Ms. Sharkey suggested that the applicant also request a waiver, so as not to set precedence.
Mr. Zwicker made a motion to continue the public hearing for Coopers Town Road Realty Trust (RC-200219), Application for a Definitive Subdivision Residential Compound, “Hawk Hill Farms”, 768 & 772 Northwest Main Street to June 11, 2020 at 7:05 PM. Mr. Greco seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.

7:51 PM PUBLIC HEARING CONTINUED: WILLIAM STARUK (AA-200224), APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT, 12 Parker Road-Possible Votes.
Ms. Sharkey stated that the applicant has asked for a continuance.
Mr. Zwicker made a motion to continue the public hearing for an Application for an Accessory Apartment Special Permit (AA-200224), 12 Parker Road, William Staruk, to June 11, 2020 at 7:45 PM. Mr. Socrat seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.

7:52 PM ANR PLAN: TOWN OF DOUGLAS (#2020-02): WALLUM LAKE ROAD, Map 236, Lot 2-Possible Votes.
Ms. Sharkey recused herself and Mr. Zwicker took over as Chair. Mr. Cundiff joined the meeting and stated that the Town acquired a piece of property through tax title, which is along Wallum Lake Road. The Town is looking to subdivide the property into three lots and sell them. Two of the lots are conforming, conventional lots, and one lot is a frontage exception lot. A discussion was held.
Louis Tusino of 12 West Street joined the meeting and stated that this is the third or fourth time that the Town has put this up for auction. He stated that he has title for that land and owns it. Mr. Cundiff stated that one of the references shows that the Town took the land in tax taking, and the Town has the title free and clear. A title search was done and showed that the Town owns the land. Mr. Cundiff has not seen any evidence that supports what Mr. Tusino is saying. A discussion was held.
It was decided to move this item to the June 11, 2020 meeting and invite Town Counsel to discuss ownership of the lots.
Ms. Sharkey rejoined the meeting and took over as Chair.

8:15 PM PUBLIC HEARING CONTINUED: BWC WHITIN RESERVOIR, LLC, c/o BLUEWAVE SOLAR, APPLICATION FOR PUBLIC SHADE TREE PERMIT (ST-200304), APPLICATION FOR SITE PLAN REVIEW PERMIT (SPR-200203), APPLICATION FOR SCENIC ROAD PERMIT (SR-200304), 45 Oak Street-Possible Votes.
Mr. Zwicker recused himself. Jeff Murphy of Beals & Thomas joined the meeting remotely. He stated that they received an updated comment letter from Mr. Cundiff. The major outstanding item is stormwater review. They have been leaving the Shade Tree and Scenic Road Permits open pending completion of stormwater review. Mr. Cundiff believes that the contract for stormwater peer review will be signed tomorrow.
Mr. Cundiff stated that the only outstanding item from his comment letter is that he wants to be sure that the Environmental Performance Standards, pertaining to section 5.4 of the zoning code, are adequately addressed. The 3/10/2020 response letter from Beals & Thomas is not sufficient for the considerations in section 5. Mr. Murphy outlined his responses to Mr. Cundiff’s comments. A discussion was held.
Mr. Cundiff stated that parking lot lighting is required in the bylaw. The lots should have durable macadam. Mr. Murphy argued that the end use is as a solar generation facility, not a parking lot. Mr. Cundiff suggested that the applicant request a waiver.
Jackie Firsty of BlueWave Solar joined the meeting remotely to give an update regarding the PILOT agreement. A draft was sent to the Town two weeks ago, and the Town Administrator, Assessor, and Town Counsel have reviewed it and had no objections.
Mr. Cundiff stated that he spoke with Matt Parlon regarding the decommissioning estimate being a condition in the approval.
Mike Zwicker of 46 Oak Street asked where the off- and on-loading for the low-boy trailers would take place. Mr. Murphy replied that the lower area is an initial parking area, and off- and on-loading will be done at the top of the hill, not along Oak Street. The temporary construction apron will have an opening of over 100’.
Mr. Zwicker asked that Mr. Murphy be sure that the water flow over Oak Street is not increased when the driveway opening is created. Mr. Zwicker has photos showing that water crosses over Oak Street, east to west. He will send the pictures to Mr. Cundiff. Mr. Murphy stated that they will be proposing perimeter sediment controls, a crushed stone apron, etc. A discussion was held.
The Board would prefer one telephone pole and the rest of the equipment on a pad, as opposed to a cluster of poles. Mr. Parlon of BlueWave Solar joined the meting remotely and stated that their poles are typically one point of connection that tie into the street level. They are in the final stages of getting National Grid’s intended structure of how they are going to interconnect the system. It is usually one pole, and the rest of the poles go into the site. Mr. Cundiff asked that that be shown on the drawings. Mr. Parlon agreed.

Mr. Schultzberg made a motion to continue the public hearing for BWC Whitin Reservoir, LLC, c/o BlueWave Solar Application for Site Plan Review Permit (SPR-200203), Application for Public Shade Tree Permit (ST-200304), and Application for Scenic Road Permit (SR-200304), 45 Oak Street to June 11, 2020 at 7:50 PM. Mr. Greco seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Tracy Sharkey-Aye.
Mr. Zwicker rejoined the meeting.

ADDITIONAL BUSINESS:
1. Future Meeting Dates-Possible Votes. The next meeting dates will be: 6/11/20 and 7/15/20.
2. Shady Knoll Estates Monuments Update-Possible Votes. Mr. Cundiff stated that he solicited pricing, and Andrews Survey & Engineering had the lowest bid at $440/bound and 28 bounds.
Mr. Zwicker made a motion to recommend Andrews Survey & Engineering to install 28 bound monuments before the end of the calendar year. Mr. Greco seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.
3. Earth Removal Special Permit: Guaranteed Builders & Developers, 37 Glen Street (ER-180312)-Possible Votes. Ms. Sharkey recused herself. Mr. Zwicker took over as chair. Mr. Cundiff stated that a revised surety has been submitted and Town Counsel has approved it, to form. It extends the access to the surety and access to the property to May, 2021.
Mr. Zwicker made a motion to release the current surety for Earth Removal Special Permit: Guaranteed Builders & Developers, 37 Glen Street (ER-180312) and replace it with the cash surety that has been submitted. Mr. Schultzberg seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.
Mr. Cundiff stated that the as-built is coming along.
Ms. Sharkey rejoined the meeting and resumed as Chair.
4. ZBA Application/Request for Special Permit & Variance: McIntyre Materials, 470 Northwest Main Street (CASE #2020-02)-Possible Votes. Mr. Schultzberg presented the application asking for relief from setbacks for storage bins for the operation. The Board had no objection.
Thomas McIntyre joined the meeting remotely and asked for clarification of the Board’s opinion.
5. ZBA Application/Request for Special Permit & Variance: Rebecca Laramee, 17 Hough Road, (CASE #2020-03)-Possible Votes. Mr. Schultzberg presented the application which is asking for relief to extend a roof on a nonconforming structure. A discussion was held. The Board did not have any objection if the roof is being extended toward the rear of the house. If the roof is not planned to be extended to the rear, the Board would need more information to form an opinion.
6. Minutes: April 30, 2020-Possible Votes.
Mr. Greco made a motion to approve the April 30, 2020 Planning Board meeting minutes as presented. Mr. Zwicker seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.
7. Old/New Business:
Old Business: There was no old business.
New Business: There was no new business.

8:54 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 8:54 PM. Mr. Greco seconded the motion. Roll Call Vote: Michael Greco-Aye, Jake Schultzberg-Aye, Aaron Socrat-Aye, Michael Zwicker-Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 601
Joined: Thu Jan 12, 2012 8:56 pm


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