4/24/2007 - Meeting Minutes

4/24/2007 - Meeting Minutes

Postby Maria Lajoie » Wed May 23, 2007 2:16 pm

The meeting was called to order at 7:00 PM.

ATTENDANCE
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: PRESERVATION PARK
• Cundiff stated that the Highway Department is willing to help fix the road, with the funds coming from the bond money for Preservation Park. The DEP has given its approval and the owners of the unimproved lots are currently appealing the decision. If the Courts find in favor of the appeal, the town could possibly have to restore the road to its original condition. Because of the road’s deteriorating condition, there is a safety issue. Cundiff recommends the Planning Board consider notifying the three (3) lot/land owners that have not yet built, and inform them that until the road is paved, the Planning Board will instruct the Building Inspector not to issue any occupancy permits.
• A MOTION to advise Cundiff to send letters to the landowners referenced above stating that due to the deteriorating condition of the binder course of pavement, the Planning Board will advise the building inspector not to issue any occupancy permits to owners who have frontage in the Phase II portion of Preservation Park, was made by Marks; seconded by Mungeam. VOTE UNANIMOUS.

7:20 DISCUSSION: Zoning Subcommittee
• Cundiff stated that work must begin on the zoning project in order to have all information prepared for the next annual town meeting.
• Marks stated that the committee would begin work soon on the project.

7:21 DISCUSSION: Nature View Estates
• Cundiff stated that the binder paving surety should be linked to a schedule of work to be completed up through the top coarse of paving. Any reduction in binder surety should be tied to the top coarse of paving.
• A MOTION to instruct Cundiff to send a letter to Randy/Nature View Estates informing him that reductions in binder surety will be tied to the top coarse of paving was made by Heney; seconded by Swenson. VOTE UNANIMOUS.

7:31 DISCUSSION: Shady Knoll Estates
• A MOTION to use the bond money to sweep the project entitled Phase II was made by Brown; seconded by Heney. VOTE UNANIMOUS.

7:33 PUBLIC HEARING: DANIEL W. & AMY G. DUNLEAVY, JR
Application for a Special Permit for a Two-Family Dwelling
90 North Street
• Daniel Dunleavy was present to discuss this application. A small income apartment has been constructed on the back of the house.
• Zisk stated that Adelle Reynolds, Building Commissioner, commented on this application stating that there is adequate parking and the structure is acceptable. This is a permit for use and the apartment is currently occupied.
• Ken Bouchard of 88 North Street (abutter) stated that he has no issue with this apartment.
• A MOTION to close the Public Hearing was made by Marks; seconded by Heney. VOTE UNANIMOUS.
• A MOTION to grant the special permit with the condition that the applicant obtains building-department signatures on the relevant permits was made by Heney; seconded by Marks. VOTE UNANIMOUS.

7:50 DISCUSSION: Letter received from Colin Haire
• Colin Haire requests written confirmation that the Planning Board has no objection to him installing overhead power lines to his house.
• By CONSENSUS, the Planning Board authorizes Maria Chesley to send Colin Haire this written confirmation referencing the date the Board made the decision.

7:56 PUBLIC HEARING CONTINUED: NORTHEAST WIRELESS SERVICES, LLC & OMNIPOINT COMMUNICATIONS
Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• Bryan Wilson of Northeast Wireless Services, LLC was present to discuss this application. Grading detail and plantings have been added to the plan as requested. There is currently a waiver request from the ‘300-foot from the nearest property line’ requirement. The applicant requests the distance be 220 feet from the KTKT, LLC property. The Planning Board received a letter from Thomas McIntyre stating that as the owner and operator of the property next to Bosma’s farm (KTKT, LLC), he has no problem with the location of the monopole.
• Mary Sullivan of 439 Northeast Main Street stated that she was confused on the zoning requirements.
• Cundiff quoted the Zoning Bylaw Section 6.5.3 on minimum distance from a public/private way or dwelling.
• Mary Sullivan asked how long it would take to fill all levels of the tower.
• Wilson stated that future antennas need additional approval but that it would take about 36 months.
• Mary Sullivan asked who is responsible to adhere to the safety emissions.
• Wilson stated that the FCC governs all towers and they are obligated to comply with what the specific license allows.
• Mary Sullivan asked how often the towers are checked to be in compliance.
• Wilson stated that it differs town by town but that it could be a condition of approval.
• Mary Sullivan asked where the abutters should go with their concerns/questions after the tower is installed.
• Wilson stated that the FCC is a point of contact for all complaints. There is a sign on the gate at the leased area with a contact number.
• Marks suggested that Wilson leave phone number/contact information with the Planning Board for future reference.
• Mungeam stated that he has concerns with the screening of the facility on the Northeast Main Street side. He would prefer white pine planting to create adequate screening. There is currently nothing on the plan that stated the existing trees would be maintained and asked if this could be a condition of the permit. He also asked if there was a no-build restriction for the fall zone of the tower.
• Wilson responded no to the no-build zone.
• Cundiff stated that it is a renewable permit. If someone builds that person would be out of compliance.
• Heney stated that to avoid any problems there could be a deed restriction to prevent building at 300 feet. Also, the tower would have to be 300 feet from another zoning district and the plan does not comply.
• Swenson asked what the proposed use is.
• Wilson stated a Wireless Communication Facility.
• Swenson asked what the property lines are of the proposed use.
• Wilson responded that it is up to the Planning Board’s interpretation.
• Swenson stated that the proposed use is the square that the tower is on.
• Heney stated that he believes that Town Council should review because he does not think it meets the requirement and therefore needs a waiver.
• Marks stated that he feels that the plan is OK to move forward.
• Cundiff stated that the zoning line cuts across the property line.
• Swenson asked if the map is to our specifications.
• Wilson stated that the plan is within two (2) feet.
• Cundiff stated that the FAA requires an accurate surveyors map.
• Wilson stated that he is willing to go with the plan as is and tear the tower down if it is not in compliance. He would like to move forward to a vote with the plan as proposed.
• Brown stated her concern with the 300 feet from the property line.
• Mungeam stated his concern with the vagueness of the zoning bylaw regarding the zoning line and the property line.
• Heney expressed his concern with the front line that was not surveyed.
• Wilson stated that the plan is stamped by his surveyor and he would build the tower in compliance with the survey. If the tower were out of compliance, he would take it down.
• Marks stated that he is OK with the plan.
• Swenson stated that he has a problem with the accuracy of the plan, especially the street boundaries. The plus/minus 50 feet could be into a residential property. He asked what the property lines are of the proposed use. The plan does not have a 300-foot setback from zoning lines. He agrees with Heney that there needs to be a waiver. According to the Zoning Bylaws, at the expense of the consultant, the Planning Board can go find an independent consultant to review the application and renewals.
• Cundiff stated that he doesn’t think the surveyor has provided an accurate front survey.
• Wilson stated that he has confidence in his surveyor.
• Vanden Berg stated that the Planning Board has had experience with inaccurate plans.
• Zisk asked how the applicant got a 500-foot zoning line. There should be a note concerning the confined edge of the pavement as a setback and the plan should use the right of way for accuracy.
• Swenson stated that the bylaws ask for an accurate plan, and the Planning Board has not gotten one for the property involved.
• Wilson stated that if the Planning Board is comfortable with denying the plan as inaccurate, he is OK with that.
• A MOTION to close the Public Hearing was made by Swenson; seconded by Brown. AYE: 3. NAY: 3. The Public Hearing remains open.
• Cundiff suggested that the Planning Board solicit Town Council input. The applicant may choose to revise the plan.
• Swenson quoted the bylaw stating that the applicant must pay all money to have an independent consultant review the application.
• Vanden Berg stated that he would like to get the opinion of Town Council on the paragraph in question and the survey.
• A MOTION to continue the Public Hearing to a later date was made by Brown; seconded by Marks. WITHDRAWN by Brown; seconded by Marks.
• A MOTION to close the Public Hearing was made by Brown; seconded by Swenson. VOTE UNANIMOUS.
• Cundiff stated the options that the Planning Board has at this point;
o Approve as submitted
o Deny and show reasons
o Approve and not grant waivers
o Approve and require survey data supplied/submitted
There would have to be a special meeting between now and the next meeting, and he suggested the Planning Board solicit Town Councils opinion on the section of the bylaw in question. He would like Town Council to draft the decision.
• Vanden Berg asked the Board members if the survey line was a ‘deal killer.”
• Brown, Mungeam and Heney stated yes. Marks stated no. Vanden Berg stated he was still thinking.
• Wilson stated that if the Planning Board agreed that the survey was accurate, would the sense of the Planning Board be to approve the plan? His sense is that the Planning Board does not want the tower.
• Brown stated that she would have no reason to deny it.
• Mungeam agreed as long as there were conditions.
• Heney stated he would be OK with is as long as the Board received Town Council opinion on the need for the waiver.
• Marks agreed with Heney.
• Swenson stated that the waiver is a big issue and he would not approve the waiver of an accurate survey.
• Cundiff stated that the bylaw states that there are 90 days following the closing of a Public Hearing for a decision.
• A MOTION to grant the special permit for the Proposed Wireless Service Facility/Tower was made by Swenson; seconded by Brown. AYE: 0, NAY: 6. MOTION DENIED.
• Cundiff will contact Town Council to draft the decision.

The next meeting for the Planning Board will be on Tuesday May 1, 2007 at 6:30 pm.

9:32 DISCUSSION: Nature View Estates
• A MOTION to authorize the scope of work and fees proposed by VHB for Nature View Estates was made by Heney; seconded by Swenson. VOTE UNANIMOUS.

9:34 ZBA
Notice of Zoning Board Public Hearing, CASE #2007-02
There will be a Public Hearing on May 10, 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: David Furno
• Location of Property: 54 Southeast Main Street
• Reason: Applicant is requesting a Variance from the requirements of Section 4.3.8 of the Douglas Zoning Bylaws to construct a single-family house on an approved reduced frontage lot between 100’ and 200’ from the street, where 200’ is required. Property is located in a R/A Zoned District.
• The Planning Board has no objection to the request for variance.

9:35 DISCUSSION: Proposed New Regulation
Swenson stated that he would like to propose a new regulation where an applicant must submit a plan as it would look without any waivers as part of the subdivision regulations.

9:36 DISCUSSION: Louie Subdivision
A MOTION to endorse this subdivision was made by Heney; seconded by Marks. VOTE UNANIMOUS.

ADJOURNMENT
At 9:37 pm, a MOTION to adjourn the meeting was made by Heney; seconded by Brown. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Department

Ann Marie Flanagan
Administrative Secretary
Maria Lajoie
Maria Lajoie
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