05/22/2007 - Meeting Minutes

05/22/2007 - Meeting Minutes

Postby Maria Lajoie » Thu Jun 21, 2007 1:40 pm

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

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

ABSENT: David St. George

7:05 DISCUSSION
• Vanden Berg asked what would need to happen to initiate road improvements on unaccepted subdivision ways in Douglas.
• Cundiff responded that the general bylaw stated that residents who have frontage could petition the town to make improvements needed and the decision is based on the majority of owners. The Planning Board could put forth an article on the town meeting warrant to address each improvement project. Capital Projects would probably address these articles. Cundiff will speak to Town Counsel concerning the language, process, petition and bylaws associated with initiating these projects.
• At the meeting on Tuesday July 10, 2007, the Planning Board will review a list of substandard ways put together by Cundiff/Zisk. The goal is to be prepared by September 30th for the annual town meeting.

7:20 DISCUSSION: Nature View Estates
• Cundiff stated that Randy Smith submitted a bond reduction request for $50,081.89. Cundiff stated that there has not yet been one growing season and he is not sure of the longevity of the growth. Also, there are no sidewalks yet. Only 25% of the work has been done.
• By CONSENSUS, the Planning Board authorized Cundiff to review the document for “Performance Secured by Deposit of Money – Schedule G.”
• Swenson stated that he viewed the site and the work is not 100% done.
• A MOTION to release $7528.75 to Nature View Estates and authorize the Chairperson of the Planning Board to sign the release on behalf of the Planning Board was made by Swenson; seconded by Brown. VOTE UNANIMOUS.

7:30 PUBLIC HEARING: GUARANTEED BUILDERS & DEVELOPERS, INC.
Application for an Earth Removal Special Permit
Located at 35 (Lot #1B) & 39 (Lot #2B) Glenn Street
• Bill Pybas on Guaranteed Builders was present to discuss this application. The Conservation Commission was concerned with the gravel removal for the septic systems installations.
• Chesebrough asked if the removal was for construction of homes and septic systems. (Pybas answered yes.) Chesebrough stated that there is no limitation in the amount of removal in the bylaw.
• Brown disagreed and stated that there is a limit.
• Zisk stated that everything below the finished grade is exempt. Anything above the finished grade needs a permit. There are additional notes that need to be on the plan regarding dust control, truck traffic, etc.
• Mungeam asked if there would be any recharge into an aquifer area.
• Pybas responded that the areas is all gravel.
• Cundiff stated that his concern is with street sweeping, and that there is not a proper boundary survey completed. The applicant should obtain a proper boundary survey and letters from all abutters allowing the work to be done.
• Pybas will address these concerns and stated that the abutters were notified.
• Mungeam stated that there should be a 10-foot buffer from work to the property edge.
• A MOTION to continue this public Hearing to June 26, 2007 from 7:30 – 8:30 pm was made by Marks; seconded by Swenson. VOTE UNANIMOUS.

8:07 DISCUSSION
• Vanden Berg asked the Planning Board for input on a 3-year term or 5-year term preference for Board members.
• Swenson stated he preferred a 3-year term because 5 years is a difficult commitment. A 3-year term gives the town the opportunity to change the Board.
• Marks stated that a 5-year term is acceptable.
• Brown and Chesebrough agreed with Marks.
• Mungeam stated that either term is acceptable although some towns have 3-year and 5-year terms within the Board itself.
• Zisk stated that he prefers experience and that the 5-year term is preferable. He can understand the apprehension with making a 5-year commitment but that maybe a combination of both 3-year and 5-year terms would be better.
• No action was taken on this discussion.

8:26 DISCUSSION: ZBA APPLICATION
• Notice of Zoning Board Public Hearing, CASE #2007-04.
• There will be a Public Hearing on June 14, 2007 at 7:30 pm to act on a request for Special Permit (Site Plan Review) pursuant to the Zoning Laws of the Town of Douglas, Massachusetts.
• Applicant: Charles Brothers
• Location of Property: 18 Riedell Road
• Reason: Applicant is requesting a Special Permit (Site Plan Review) pursuant to Section 9.4 of the Douglas Zoning Bylaws to construct a 60’ X 100’ warehouse on property located in a Commercial Zoned District.
• The Planning Board is unable to render an opinion due to an incomplete application. The plan in unclear on what is being proposed, access point, materials being stored, etc. Abutters are not identified on the plan.

8:29 DISCUSSION: ZBA APPLICATION
• Notice of Zoning Board Public Hearing, CASE #2007-05.
• There will be a Public Hearing on June 14, 2007 at 7:45 pm to act on a request for Variance, pursuant to the Zoning Laws of the Town of Douglas, Massachusetts.
• Applicant: Christine Lavallee & Ana Majkut, William & Teena Porter
• Location of Property: 14/16 Arch Street & 135 South Street
• Reason: Applicant is requesting a Variance pursuant to Section 3.4.4 of the Douglas Zoning Bylaws to decrease the area of an existing nonconforming lot by 101 s. f. +/- in order to increase the area of an adjoining existing nonconforming lot on property located in a R/A Zoned District.
• The Planning Board cannot make an informed decision without any information for the need of the variance, i.e. hardship due to building on abutters’ property line, etc.

8:30 DISCUSSION: Northeast Wireless Services LLC & Omnipoint Communications
Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• The discussion regarding Northeast Wireless will be continued on June 12, 2007 at 7:30 pm.

8:37 DISCUSSION: Preservation Park Phase II
• Mungeam would like to revise the wording of the letter to Mr. O’Neill (Preservation Development Corp.) to read that “…the Planning Board would like to have the project completed…” vs. “…the Planning Board would like to complete the project…”
• Cundiff stated that it involves safety issues on the road.
• A MOTION to instruct the Town Engineer to send the letter as amended was made by Brown; seconded by Mungeam. AYE: 5, NAY: 1. MOTION CARRIED.

8:46 MEETING MINUTES APRIL 24, 2007
• Minutes from the meeting were reviewed and amended.
• A MOTION to accept the minutes as amended was made by Brown; seconded by Marks. AYE: 5, ABSTAIN: 1. MOTION CARRIED.

8:50 MEETING MINUTES MAY 1, 2007
• Minutes from the meeting were reviewed and amended.
• A MOTION to accept the minutes as amended was made by Swenson; seconded by Marks. AYE: 4, ABSTAIN: 2. MOTION CARRIED.

8:53 DISCUSSION: Rules & Regulations Governing the Subdivision of Land
• Review began on Section 6.9.1 (pg 29) to the end (pg 33.)
• Cundiff will review and reword the following section:
6.9 Inspection of Required Improvements
6.9.1. General
Inspection during the work shall be arranged with the Town Engineer prior to starting the road construction, who will provide the subdivider with a checklist covering these inspections (see Form P). The Town Engineer will sign this checklist after satisfactory completion of each step by the contractor. Inspections shall be requested three workdays in advance of each inspection by written notice or phone call to the Town Engineer with a copy to the Town Engineer or the Planning Board Agent. Inspections shall be made after each step indicated below. All weight slips for bituminous material shall be furnished to the Town Engineer.
6.9.2. Excavation and Subgrade Preparation
The right-of-way shall be cleared as specified.
Inspection #1: Clearing of Right-of-way.
6.9.3. Subgrade of Roadway
The subgrade shall be prepared as specified.
Inspection #2: Subgrade Preparation.
6.9.4. Installation of Utilities
Storm and surface drains shall be installed as specified and in conformity with the
Definitive Plan.
Inspection #3: Drainage (Below-Grade) Installation.
Inspection #9: Drainage (At Surface) Installation
Water mains and related equipment including fire hydrants shall be installed as specified and in conformity with the Definitive Plan.
Inspection #4: Water Installation
A fire alarm system shall be installed as required by the Planning Board.
Inspection #5: Fire Alarm Installation.
6.9.5. Gravel Base
The gravel base shall be laid as specified.
Inspection #6: Gravel Base
6.9.6. Curb and Berm Installation
All curb and berms shall be installed as specified and as required by the Definitive Plan.
Inspection #7: Curb Installation.
Inspection #10: Berm Installation.
6.9.7. Pavement Construction
All pavement shall be installed as specified and as required by the Definitive Plan.
Inspection #8: Binder Course.
Inspection #11: Finish Course.
6.9.8. Sidewalk Construction
Sidewalks shall be installed as specified.
Inspection #12: Sidewalk Construction.
6.9.9. Trees and Planting
Street trees shall be installed as specified.
Inspection #13: Street Trees and Planting.
6.9.10. Grass Strips
Grass strips shall be installed as specified.
Inspection #14: Grass Strips.
6.9.11. Street Signs and Monuments
Street signs and monuments shall be installed as specified.
Inspection #16: Street Signs and Monuments.
6.9.12. Street Lights
Streetlights shall be installed as required by the Planning Board.
Inspection #15: Street Lights
6.9.13. Final Clean-up
Final clean up shall be accomplished.
Inspection #17: Final Clean up
(end section for Cundiff review and reword)

SECTION 7.0 ADMINISTRATION
7.1 Authority
The Planning Board shall be the administrative agency of these regulations and shall have all the powers assigned them by Section 81A to 81GG of Chapter 41 of the General Laws of Massachusetts. The Planning Board may assign as their agents appropriate town agencies or officials and may from time to time hire professional assistance to review plans and inspect improvements at the cost of the developer. The Board on its own motion or on the petition of any interested person shall have the power to modify, amend or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan.
7.2 Waiver of Compliance
Strict compliance with the requirements of these rules and regulations may be waived only when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. In waiving strict compliance the Board may require such alternative conditions as will serve substantially the same objective as the standards or regulations waived.
7.3 Inspection
Inspection shall be carried out at appropriate times during the improvement of the subdivision as spelled out in Section V 6.0 of these regulations and in the attached Inspection Check List (Form P). (other forms may be added.)
The responsible agency shall appoint a qualified person or shall make arrangements with a professional person or firm to carry out such inspection.
The cost of such inspection shall be borne by the developer, as required by the most recent Town of Douglas Planning Board Fee Schedule.
7.4 Severability
If any section, paragraph, sentence, clause, or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged and the remainder of these regulations shall be deemed valid and effective.
7.5 Amendments
These regulations or any portion thereof may be amended, supplemented or repealed from time to time by the Board after a public hearing on its own motion or by petition.

• Discussion will continue on June 12, 2007 at 8:00 pm. Maria Chesley will send a full copy of the forms to all Board members for review.

ADJOURNMENT
At 9:32 pm, a MOTION to adjourn the meeting was made by Brown; seconded by Marks. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Department

Ann Marie Flanagan
Administrative Secretary
Maria Lajoie
Maria Lajoie
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