3/13/2007 - Meeting Minutes

3/13/2007 - Meeting Minutes

Postby Maria Lajoie » Wed May 23, 2007 2:11 pm

The meeting was called to order at 7:05 PM.

Chairman Richard Vanden Berg, Vice Chairman Ernest R. Marks Jr., Linda Brown, Daniel Heney, Mark Mungeam, Roy Swenson, William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent), Ann Marie Flanagan (Administrative Secretary)

ABSENT: Joel Rosenkrantz

7:00 DISCUSSION: Whispering Pines
• Cundiff received an e-mail from Town Counsel regarding the wording of the deeds for Whispering Pines. March 30th is the deadline for warrant articles.
• A MOTION to authorize the Town Engineer to pass the comments on to the developer (and submit the final copy to the selectmen only if Town Counsel is satisfied with the documents and that the applicant can record at the registry) was made by Marks; seconded by Swenson. VOTE UNANIMOUS.

Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• Bryan Wilson of Northeast Wireless Services, LLC was not present to discuss this application.
• Cundiff stated that the information requested regarding the Crown Castle tower was received and it shows that the tower does not reach the needed coverage area for NE Wireless. Two issues are outstanding: 1. Screening and vegetation – the applicant needs to provide the design and ask the Planning Board for comments. 2. 300 foot setback does not comply - the applicant has not provided the requested plan that does not require any waivers. Cundiff showed a sketch he constructed that shows the entire parcel meeting regulations – a ‘waiver-free construction.’ The applicant may only request waivers of zoning bylaws and dimensional standards.
• Swenson stated that the applicant said it was not possible to meet the setback requirements, yet Cundiff’s sketch shows how it can. Swenson would prefer setbacks from future development of residential areas.
• Marks stated that the tower could be constructed where the applicant has proposed as long as there is no future development in the VR zoning. He is not opposed to giving waivers as long as the applicant understands that the land would no longer be developable for houses.
• Heney stated that he would like to see the 300-foot setback in the industrial zone.
• Mungeam is concerned with the waivers, as there is not enough information from the applicant on how to protect in a no-build zone, vegetation, etc. The plan is missing safeguards for the town. He would also like the proximity to neighbors issue addressed as it affects 80 feet of the neighbors’ property.
• Brown stated that she agreed with Swenson and Mungeam and asked if there were an official real property line done.
• Cundiff stated that has been done only for the east side down to Northeast Main Street, where their proposal actually extends into a no-build zone.
• Vanden Berg asked if there were any waiver requests on engineering.
• Cundiff stated that there is no such engineering available, but there is adequate information to cover the need for that information. The town can’t restrict zoning to prevent cell towers anywhere in town. Cundiff shows on his sketch a spot where the tower can meet zoning requirements. The applicant needs to show that this spot cannot meet their needs.
• Mary Sullivan of 439 Northeast Main Street showed photos of the visibility of the test balloon from her property and reiterated the negative impact this tower would have on the property values of Northeast Main Street residents.
• Gerry Sullivan of 439 Northeast Main Street asked if there is really a need for this tower where there are other towers to cover this area.
• A MOTION to continue this Public Hearing on April 24, 2007 at 7:30 pm was made by Heney; seconded by Marks. VOTE UNANIMOUS.

7:43 DISCUSSION: Meeting Minutes January 23, 2007
• Minutes of meeting were reviewed and amended.
• A MOTION to approve minutes as amended was made by Marks; seconded by Swenson. AYE: 4; ABSTAIN: 2. MOTION CARRIED.

Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• Bryan Wilson of Northeast Wireless Services, LLC arrived to discuss this application with the understanding that the meeting time was 8:30 pm.
• A MOTION to rescind the prior motion to continue the Public Hearing for Northeast Wireless on April 24, 2007, and change the date of continuance to April 10, 2007 at 7:30 pm on the condition that the applicant notify the abutters by certified mail and bring the green reply cards to the next meeting, was made by Heney; seconded by Marks. VOTE UNANIMOUS.

8:04 DISCUSSION: Meeting Minutes February 13, 2007
• Minutes of meeting were reviewed and amended.
• A MOTION to approve minutes as amended was made by Brown; seconded by Marks. AYE: 5; ABSTAIN: 1. MOTION CARRIED.

8:05 DISCUSSION: Meeting Minutes February 27, 2007
• Minutes of meeting were reviewed and amended.
• A MOTION to approve minutes as amended was made by Swenson; seconded by Marks. VOTE UNANIMOUS.

8:13 DISCUSSION: Rosenfeld Concrete
• Cundiff presented a new plan from Rosenfeld Concrete that shows the area of Conservation Commission jurisdiction. The new plan provides more detail on the restoration plan.
• By CONSENSUS the Planning Board authorizes Zisk/Maria Chesley to send a letter to Rosenfeld Concrete to proceed with the project under the condition that the project only consist of reclamation, not earth removal. Any earth removal would require a permit.

8:21 ZBA
Notice of Zoning Board Public Hearing, CASE #2006-06
There will be a Public Hearing on April 12, 2007 at 7:00 pm to act on a request for a Variance, pursuant to the Zoning Laws of the Town of Douglas, Massachusetts.
• Applicants: Nicholas Christy
• Location of Property: 228 Main Street
• Reason: Applicant is requesting a Variance from the requirements of Section 3.4.4 of the Douglas Zoning Bylaws to tear down a pre-existing, legal non-conforming shed and build a barn, which will increase the existing nonconformity. Applicant is also requesting a Variance from the requirements of Section 4.1.3 to build an in-ground pool, which will lack the required rear and side yard set backs for property located in a V/R Zoned District.
• The Planning Board has no objection to the request, but asks that the ZBA take into consideration the concerns of abutters or objections.

8:23 DISCUSSION: Accessory Apartments
• Cundiff stated that the Board needs to adopt reasonable guidelines for extensions on accessory apartment applications.
• The Board agreed on the following language: “The applicant will have 60 days after the expiration date of the application to renew. The application will expire 60 days from the expiration date if not renewed.”

8:26 CMRPC – RPA Hours
• Cundiff stated that there would be structural staffing hour changes that may make the agency more receptive to fulfill the Board’s request made for GIS (tracing existing maps.) CMRPC/RPA representatives must attend monthly meetings to earn full hours available.
• By CONSENSUS the Planning Board authorizes Cundiff to send the maps to CMRPC to have digitized.

Proposed Amendments to the Town’s Zoning Bylaws
(Common Driveway Bylaw, Water Resource Protection Overlay District, Floodplain District)

Common Driveway Bylaw
• Ed Taipale of 28 Main Street, Carol Goglozinski of the Master Plan Implementation Committee, and Colin Haire of 37 Southeast Main Street made the following comments on the proposed Common Driveway Bylaw (in addition to the comments/changes suggested at the last public hearing):
• Eliminate Section B “No Common Driveway Unless Presumption Overcome”
• 6.3.2 A – Require only two copies
• Page 3 – Very high cost to provide counsel opinion
• 6.3.3 – No need for 50 feet away
• 6.3.3 B.1. – No need for 18 feet plus 2 feet on each side
• 6.3.3 B. 2. – Why does max length of the common driveway need to be 500 feet?
• Fire Chief Donald Gonynor showed video clips of common driveways throughout Douglas to demonstrate the need for the changes in the bylaw to be made for public safety.

Water Resource Protection Overlay District
• Colin Haire of 37 Southeast Main Street stated that on behalf of the Water/Sewer Dept. and as a member of the ZBA, he is not opposed to the new map. He would like to revise it only once and ask that the map changes be put on hold until they can meet with the DEP.
• Vanden Berg asked if there were a digital revision of the map that would be acceptable to ZBA
• Haire stated that if the modifications were removed one could use the Plate V map unofficially. He does not want to bring the map to the Town Meeting for approval and then have more changes brought in the fall. He would prefer to bring a completed map before the townspeople and use the unofficial digital map until all the information has been completed.
• Cundiff stated that the type of changes to the map that Haire is suggesting would take at least three years to accomplish, involving developing a scope of work and layout and aggressively addressing all aspects of changes needed.
• Haire stated that in the fall, they could have the areas to protect finished, and then follow through with Cundiff’s plan.
• Goglozinski stated that the industrial area by Route 146 is the best area for economic development and she does not want to have to wait another 3 – 5 years to prevent any development there.
• Mungeam stated that he would like to see momentum on changing the aquifer protection where some areas would be removed from the aquifer protection, with regard to surface geology vs. groundwater geology.
• Marks stated that he would like to delay the approval of the GIS map and let the boards work together for a few months to see what can be accomplished.
• Dennis Createau of South Street and the Water/Sewer Department stated that the quality of the water that comes off of 146 must be in bad shape due to all the salt and sand from the roads. If this map approval can be delayed until the fall, they could collaborate with the DEP to protect only what needs to be protected.
• Cundiff stated that the Conservations Commission fully supports adopting the GIS map. Also, the Dunkin Donuts/Shell gas station was mandated by DEP to extend the Public Water Supply and tie into our (Douglas) system due to contamination from their underground storage tanks.
• Haire stated that the mapping is for municipal well sites.
• Cundiff disagreed and stated that it is a water aquifer protection map and is for municipal, private, etc. water supply and not limited to municipal.
• Zisk stated that this purpose of this discussion is to convert the paper map to a digital map only. The Plate V map still stands as there are no changes being made to the map. The goal is merely to change from paper to digital.
• Cundiff presented a slide show of the maps and explained that the paper map since 1986 has shown two existing water supplies. There have been two installed since then. The boundary lines of the paper map may be 100 feet wide making exact locations difficult to identify. Changes to the jurisdiction are not being made; only changes to the boundaries from the paper map. Currently there are three map options:
1. A duplicate of the paper map with no changes made, not including the two wells on Glenn St.
2. A duplicate of the paper map with the addition of the two wells on Glenn St. and the radius.
3. A duplicate of the paper map with the addition of the two wells on Glenn St. and the radius, plus the Plate VI information showing the 11 priority areas throughout town. This does not change the applicability of the bylaw. It only shows what the second recharge area of the GIS is.
• Swenson asked what the cost was.
• Cundiff stated that the Cartographic cost was $200 to create/develop this map. The advantage was to have this map put on the website officially.
• Goglozinski stated that she thought this map could be put on the website unofficially.
• Haire stated that he completely agreed with the clarity of the Plate V map but would still like to have the opportunity to review with DEP before the town meeting.
• Taipale stated that there were problems with the aquifer bylaws. A study was done to identify future wells at a 2000-foot scale. To go from a 2000-foot scale map to digitized at 40-foot scale does not mean it is accurate. There is no proof that this map is accurate.
• Cundiff stated that the digitized map is no less accurate than the paper map. The bylaw still contains certain language to challenge the boundary lines and an applicant can still appeal. The old map is kept and is referenced on the new digitized map.
• A MOTION to continue the Public Hearing on March 27, 3007 at 7:45 pm was made by Heney; seconded by Swenson. VOTE UNANIMOUS.

Floodplain District Boundaries
• Cundiff stated that this map takes the exact information and puts it on a digital map to provide clarification to the FEMA map for parcels.

• A MOTION to continue the Public Hearing on Tuesday March 13, 2007 at 8:30 pm was made by Swenson; seconded by Heney. VOTE UNANIMOUS.

10:26 DISCUSSION: Nature View Estates
• A MOTION to authorize Cundiff to work with VHB to identify, remove, and repair areas was made by Marks; seconded by Heney. VOTE UNANIMOUS.

10:27 DISCUSSION: Whitins Reserveroir
• Whitins Reservior has filed Chapter 7. It did not go out to bid. The bank is calling to see the file.

At 10:28 pm, a MOTION to adjourn the meeting was made by Heney; seconded by Marks. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Department

Ann Marie Flanagan
Administrative Secretary
Maria Lajoie
Maria Lajoie
Posts: 1270
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

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