December 12, 2017 Planning Board meeting

December 12, 2017 Planning Board meeting

Postby Mary Wright » Sat Jan 13, 2018 5:15 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, DECEMBER 12, 2017

A meeting of the Planning Board was held on Tuesday, December 12, 2017 Mr. Marks called the meeting to order at 7:01 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chairman), Ken Ballou, Michael Greco, Tracy Sharkey (Vice Chairperson-left 7:49 PM), Aaron Socrat, Michael Zwicker
ABSENT: Les Stevens
NON-VOTING: William Cundiff (Town Engineer)

7:01 PM PUBLIC HEARING: JASON M. & DANIELLE E. JOHNSTON (AA-171101) Application for an Accessory Apartment Special Permit, 34 Douglas Hill Way.
Mr. Marks opened the public hearing. Mr. Johnston joined the meeting. They are looking to add an in-law apartment to their home by extending their garage and adding a bedroom above that extension. The existing septic design is for four bedrooms. There will be three bedrooms in the main house and one in the in-law apartment.
Mr. Johnston confirmed that there will be no living space in the garage area. He also confirmed that there will be a connection between the existing dwelling and the proposed in-law apartment. Taxes are all paid.
Going forward, there is language in the bylaw for the special permit that Town Counsel needs to review regarding an agreement (3.3.3 #3).
The Board of Health wants assurance that additional flows for the septic will be addressed for capacity and nitrogen sensitivity. The Fire Chief asked for the addition of language to the decision that heat detectors are required in each bay of the garage, and photo electric smoke and carbon monoxide detectors in the apartment above the garage must be interconnected to the smoke and CO detectors in the house and tested and approved by the Fire Dept.
Ms. Sharkey made a motion to close the public hearing for (AA-171101) Application for an Accessory Apartment Special Permit, 34 Douglas Hill Way for Jason M. and Danielle E. Johnston. M seconded the motion. Vote: Aye-5, Mr. Socrat abstained.
Ms. Sharkey made a motion to approve (AA-171101) Application for an Accessory Apartment Special Permit, 34 Douglas Hill Way for Jason M. and Danielle E. Johnston. Mr. Greco seconded the motion. Vote: Aye-5, Mr. Socrat abstained.

7:33 PM ANR PLAN: GARY JOLICOEUR (#2017-20), Shore Road.
Amy and Christopher Nadeau joined the meeting. A discussion was held regarding access and frontage for the property on Shore Road. The applicant has access to their property from Rhode Island. Mr. Jolicoeur joined the meeting.
The surveyor has confirmed the owner names. The Mike Nelson property is 15’over the Rhode Island state line. That strip does not have rights to use the private way.
On the application, the statement that Shore Drive is maintained as a public way is incorrect. The applicants were asked to correct this statement upon refiling.
Louis Tusino, 12 West Street stated that he owns Shore Road and Birch Hill. The matter is in court and if he wins, people with lots using Shore Road for frontage, will not be able to use Shore Road to access their property. Mr. Tusino agreed to show the deed for the road to the Nadeaus. (Ms. Sharkey left the meeting 7:49 PM).
Mr. Zwicker made a motion to accept the withdrawal without prejudice for the ANR plan for Gary Jolicoeur (#2017-20), Shore Road. Fees will be waived upon refiling. Mr. Socrat seconded the motion. Vote: Aye-5.
Mr. Cundiff will ask Town Counsel to attend the next meeting and he will send the ANR handbook to the Board.

DISCUSSION:
1. 2018 Meeting Schedule. The Board reviewed the schedule and had no comments. Ms. Sharkey made a motion to approve the 2018 Planning Board Meeting Schedule as presented. Mr. Greco seconded the motion. Vote: Aye-6.
2. Zoning Boundary Extension: 38 Caswell Court. Mr. Cundiff read a letter from the Town Administrator stating that Matthew Carter came before the Board of Selectmen (BOS) with a proposal to erect a commercial solar array on the parcel. The parcel is currently zoned RA and VR. Mr. Carter proposes extending the boundary of the abutting industrial zone to include the subject portions of his lot. The BOS unanimously referred Mr. Carter’s proposal to the Planning Board and is favorably disposed to placing this proposal on the agenda for the spring town meeting.
MGL 48 section 3, the Dover Amendment, allows some zoning flexibility for solar usage. Mr. Cundiff read a narrative from Atty. Jay Talerman regarding the Dover Amendment. Mr. Cundiff feels the project would trigger a site plan review.
Mr. Carter joined the meeting and presented his plan.
In response to the memo from the Board of Selectmen, Ms. Sharkey made a motion that the Planning Board does not support the zoning change to industrial for 38 Caswell Court in light of the Dover Amendment’s applicability to the project. Mr. Zwicker seconded the motion. Vote: Aye-6.
3. Request for an Extension: Lakewood Estates Definitive Subdivision, Wallum Lake Road (DEF-170924). The current covenant expires 12/31/17. The request is for the extension of the no-build covenant. Town Counsel has reviewed the request and they did not see any issues because the project has not been started. Atty. Henry Lane joined the meeting.
Ms. Sharkey made a motion to grant a three-year extension for Lakewood Estates Definitive Subdivision, Wallum Lake Road (DEF-170924) No-Build Covenant to 12/31/2020. Mr. Ballou seconded the motion. Vote: Aye-6.
4. CMRPC: Zoning Technical Services for Town of Douglas. In the packet is a proposal from Mr. Cundiff to use some of the RPA hours for the Central Mass. Regional Planning Commission (CMRPC) to look at the zoning map and make some recommendations.
Mr. Zwicker made a motion to recommend that the Town Administrator sign the CMRPC agreement as presented. Ms. Sharkey seconded the motion. Vote: Aye-6.
5. Deer Crossing Subdivision: Surety Bond Reduction for Woodland Road, Station 0+00 to Station 32+50. The road has been paved and the applicant has asked for a surety reduction.
Ms. Sharkey made a motion to grant the surety bond reduction for Woodland Road to $50,000. Mr. Zwicker seconded the motion. Vote: Aye-6.
6. Annual Town Report. Mr. Zwicker made a motion to approve the 2017 Planning Board Annual Town Report as presented. Mr. Greco seconded the motion. Vote: Aye-5.
7. ZBA Application: Bob Parent & Carole Dolan, 12 Roslyn Road (Appeal). Mr. Zwicker stated that the applicants want to put a camping trailer on their property while they build a house for out-of-state construction personnel to live in. Bylaw 3.2.2 states that the use of trailers and semi-trailers for non-construction storage, in all districts other than industrial, is prohibited.
Bylaw 3.4.4 states that a variance is required to construct a larger footprint than the prior existing home occupied.
If the applicant does not win the appeal, he plans to go with a special permit (See #8 below).
The Planning Board had no objections to a registered camping trailer being used for temporary living purposes, but did object to the design of the dwelling with the larger footprint.
8. ZBA Application: Bob Parent & Carole Dolan, 12 Roslyn Road (Special Permit). The applicants purchased two lots and they want to build a house spanning the two lots. They are looking for relief of side yard and front yard setbacks and frontage and lot size relief.
The Planning Board was not in support of the design of the house on the site because it is insensitive to the size of the site.
9. ZBA Application: Donald Farineau, 294 Northwest Main Street (Special Permit). Mr. Greco stated that it is a non-conforming lot in an RA zone. The permit is to allow construction of a new house on the lot where an existing house is currently located. The new house’s side setbacks will be more conforming.
The Planning Board had no objection to the application.
10. Minutes: October 24 and November 14, 2017.
Mr. Ballou made a motion to approve the October 24, 2017 Planning Board meeting minutes as presented. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Greco made a motion to approve the November 14, 2017 Planning Board meeting minutes as amended. Mr. Ballou seconded the motion. Vote: Unanimous.
11. Vouchers.
12. Executive Session Discussion with Respect to Litigation. Mr. Greco made a motion at 8:36 PM to go into Executive Session for the purpose of discussing strategy with respect to potential litigation and to return to regular session for the purpose of adjournment. Mr. Zwicker seconded the motion. Roll Call Vote: Ken Ballou – Aye, Mike Greco – Aye, Ernie Marks – Aye, Aaron Socrat – Aye, Mike Zwicker – Aye.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 478
Joined: Thu Jan 12, 2012 8:56 pm

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