6/11/2019 Planning Board Meeting

6/11/2019 Planning Board Meeting

Postby Maria Lajoie » Tue Jun 11, 2019 1:43 pm

PLANNING BOARD MEETING
TUESDAY, JUNE 11, 2019
(Community Meeting Room)
7:00 PM
“REVISED”

7:00 PM PUBLIC HEARING: SCOTT & DEBRA VALIS (AA-190509)
Application for an Accessory Apartment Special Permit
13 Yew Street

7:15 PM PUBLIC HEARING: JOHN & MICHELLE ALEXION (AA-190520)
Application for an Accessory Apartment Special Permit
124 Martin Road

7:30 PM PUBLIC HEARING: IADAROLA LIVING TRUST (MOD-190520)
Application for a Modification of a Definitive Subdivision Plan
12 & 14 Depot Street

7:45 PM ANR PLAN: JOSHUA C. & KATHELYN M. AUDET & WALNUT STREET DEVELOPERS, INC. (#2019-06)
Walnut Street & 115 Walnut Street

DISCUSSION
1. Guaranteed Builders & Developers/Pyne Sand & Stone: 37 Glen Street (ER-180312)
2. Andrews Survey & Engineering: Caswell Court
3. Medicinal Alternatives, 120 Gilboa Street (SPR-170419)
4. Proposals/ Solar Decommissioning: ASD Wallum MA Solar, 0 Wallum Lake Road (SPR-181002); Douglas Renewables, 170 West Street (SPR-181120)
5. Maple Heights Estates Subdivision, Isabella Drive: Draft Letter
6. Accessory Apartment Special Permit Renewal: Richard Lamoureux, 144 North Street (AA-160523-01)
7. Form A (Approval Not Required) Application
8. Voucher
Open session for topics not reasonably anticipated 48 hours in advance of Meeting
Mail
Minutes: 5/28
Future Agendas
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Solar Regulations
TBD: Forms
Upcoming Meetings: 7/9, 8/13
Maria Lajoie
Maria Lajoie
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Re: 6/11/2019 Planning Board Meeting

Postby Mary Wright » Sat Aug 31, 2019 7:34 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JUNE 11, 2019

A meeting of the Planning Board was held on Tuesday, June 11, 2019. Mr. Marks called the meeting to order at 7:06 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chair), Michael Greco, Jake Schultzberg, Aaron Socrat, Tracy Sharkey (Vice Chair, arrived 7:09 PM and left 8:05 PM), Michael Zwicker
ABSENT: Les Stevens
NON-VOTING: William Cundiff (Town Engineer)

7:06 PM PUBLIC HEARING: SCOTT & DEBRA VALIS (AA-190509), APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT, 13 Yew Street.
Mr. Marks opened the public hearing. Mr. Cundiff stated that this Accessory Apartment was previously approved by the Board. The Special Permit expired. There have been no changes.
Mr. Socrat made a motion close the public hearing for Scott and Debra Valis (AA-190509), Application for an Accessory Apartment Special Permit, 13 Yew Street. Mr. Greco seconded the motion. Vote: Aye-5.
Mr. Zwicker made a motion approve the Application for an Accessory Apartment Special Permit for Scott and Debra Valis (AA-190509), 13 Yew Street. Mr. Schultzberg seconded the motion. Vote: Aye-5, Ms. Sharkey abstained.

DISCUSSION:
1. Medicinal Alternatives, 120 Gilboa Street (SPR-170419). Tim St. Germain of Medicinal Alternatives joined the meeting and presented an engineered plan for egress and access to the site off of Gilboa. They have developed a striping plan for the parking lot. Mr. Cundiff asked that entrance and exit arrows be added at the driveways.
Mr. St. Germain does not feel there is enough demand for parking to justify striping the lot on the other side of the road. The Town owns the property and Gilboa Properties has an exclusive easement to park on the lot. Gilboa Properties is responsible for maintenance of that lot. Mr. Marks questioned the “No Parking” signs. A discussion was held. The Board asked Mr. Cundiff to ask Town Counsel if residents are allowed to park in that lot for the enjoyment of the property, and who is responsible for maintenance and striping of that lot. Mr. Cundiff will send a copy of the easement to the Board.
Ms. Sharkey made a motion to approve the parking plan for Medicinal Alternatives, 120 Gilboa Street (SPR-170419) subject to the addition of access and egress arrows. Mr. Zwicker seconded the motion. Vote: Aye-6.


7:17 PM PUBLIC HEARING: JOHN & MICHELLE ALEXION (AA-190520), APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT, 124 Martin Road.
Mr. Marks opened the public hearing. Mr. Alexion was present. Mr. Cundiff stated that since the property has been sold, this application is for the new owners to continue use of the accessory apartment by Mr. Alexion’s mother. The apartment is 1200 sq. ft. and the bylaw allows for no more than 900 sq. ft. A discussion was held regarding the applicants requesting a waiver.
Mike Chizy of 150 Martin Road stated that the house was sold approximately two years ago and it is his understanding that the dwelling should revert back to a single- family dwelling. Mr. Marks explained that this is a new application. Mr. Chizy had a question about a possible business being run out of the home. Mr. Cundiff suggested he contact Zoning.
Mr. Zwicker made a motion to close the public hearing for John and Michelle Alexion (AA-190520), Application for an Accessory Apartment Special Permit, 124 Martin Road. Ms. Sharkey seconded the motion. Vote: Aye-6.
Mr. Zwicker made a motion to grant the application for an Accessory Apartment Special Permit (AA-190520) for John and Michelle Alexion, 124 Martin Road with a waiver for square footage and a note stating that it is an attached apartment. Ms. Sharkey seconded the motion. Vote: Aye-6.

DISCUSSION (Cont.)
2. Proposals/Solar Decommissioning: ASD Wallum MA Solar, 0 Wallum Lake Road (SPR-181002); Douglas Renewables, 170 West Street (SPR-181120). Mr. Cundiff presented two proposals. He solicited input from the contact people at both the sites. Julie of 170 West Street will defer to the Board. Mr. Cundiff has not heard back from Wallum Lake. A discussion was held.
Ms. Sharkey made a motion to award solar decommissioning for Douglas Renewables, 170 West Street (SPR-181120) to Stantec and ASD Wallum MA Solar, 0 Wallum Lake Road (SPR-181002) to Pare Corporation. Mr. Zwicker seconded the motion. Vote: Aye-6.

7:36 PM PUBLIC HEARING: IADAROLA LIVING TRUST (MOD-190520), APPLICATION FOR A MODIFICATION OF A DEFINITIVE SUBDIVISION PLAN, 12 & 14 Depot Street.
Mr. Marks opened the public hearing. Byron Andrews of Andrews Survey and Engineering joined the meeting. Mr. Iadarola was also present. Mr. Andrews has not yet been able to fully address all of Mr. Cundiff’s comments. He gave a history of the project. They are asking for waivers on most of the requirements for a definitive subdivision because there is no construction proposed. Mr. Iadarola plans to sell the cul-de-sac and separate out a narrow wedge of land to combine it with the existing house lot.
The issue is the width of the right-of-way. The requirements call for 60’ wide. The right-of-way is currently 52’. A near-parallel 30’ wide right-of-way is proposed. A discussion was held.
Mr. Cundiff asked Mr. Andrews for a copy of the special permit with the conditions for the two buildings, a total of 12 apartments. With regard to the approved plan from 1997, there were two notes on the plan: the first was that the lot with the buildings shall not be further subdivided, but there is no deed restriction, and second that the road shall remain private.
The road has a lot of alligator cracking, a lot of cold patch, and stone where the culvert is, with no pavement. Mr. Cundiff is concerned about safe and convenient access for the people living there. A mechanism, such as a homeowners association, is needed to ensure that the road is properly maintained in perpetuity. Mr. Cundiff suggested that the cul-de-sac be modified to account for where the paving is.
There is a sewer manhole next to a dumpster in the right-of-way. There are also wetlands running through the site. Mr. Cundiff questioned if utilities lie in the wedge that Mr. Iadarola wishes to acquire. Mr. Cundiff suggested that the street should be named. The turnaround should be within the right-of-way, parking areas striped, the lots should be labeled, and there should be more solid restrictions regarding further subdividing the land. He asked if there is another way to protect the fence, wall and shrubs, such as an easement.
Mr. Iadarola agreed that an easement may be the best way to accomplish what he would like to accomplish. He will consider withdrawal of his application.
Ms. Sharkey made a motion to continue the public hearing for Iadarola Living Trust (MOD-190520), Application for a Modification of a Definitive Subdivision Plan, 12 & 14 Depot Street to July 9, 2019 at 7:30 PM. Mr. Greco seconded the motion. Vote: Aye-6.
Ms. Sharkey left the meeting.

8:06 PM ANR PLAN: JOSHUA C. & KATHELYN M. AUDET & WALNUT STREET DEVELOPERS, INC. (#2019-06), Walnut Street & 115 Walnut Street.
Travis Brown of Andrews Survey and Engineering joined the meeting and stated that the purpose of this plan is to create parcel A, which is on the back side of map 274, lot 6.4, so that parcel A would be conveyed to lot 2 on this plan, map 274 lot 6.3. There is a house on lot 1.
Mr. Cundiff questioned the label for the proposed shared driveway. Mr. Cundiff believes there is an easement there. Mr. Brown stated that he labeled the driveway the way it was labeled on the original plan. Mr. Cundiff is concerned because the Assessor’s map shows a dashed line, which implies an easement. The wetland crossing location is at the narrowest point. When lot 2 is sold, they want to be sure to use that as a shared drive with an easement going to the lot. If there is no reserved easement at the narrowest point, then crossing would be allowed at the wider area. Mr. Cundiff asked Mr. Brown to show that easement on the plan. A discussion was held.
Mr. Zwicker made a motion to endorse the ANR plan for Joshua C. and Kathelyn M. Audet and Walnut Street Developers, Inc. (#2019-06), Walnut Street and 115 Walnut Street. Mr. Greco seconded the motion. Vote: Aye-5.

DISCUSSION (Cont.):
3. Andrews Survey & Engineering: Caswell Court. Travis Brown of Andrews Survey and Engineering joined the meeting. Mr. Brown stated that the land is approximately 80 acres, and they are proposing a flexible development subdivision. The property lies in two zones: VR (lot size 20,000 sq. ft.) and RA (lot size 90,000 sq. ft.). The maximum number of units would be 97: 52 single-family homes and 45 townhouses. There will be a cul-de-sac and eventually a second egress to Pond Street. Mr. Cundiff explained the Flexible Development Process.
40% of the land would be dedicated open space. They are proposing 3700 ft. of road. Mr. Cundiff stated that the existing road networks did not anticipate this type of development. The 40’ wide linkage at the end of Pond Street intended as a right-of-way is narrower than the 50’ required by subdivision regulations at the time. The other issue that arises is the Derelict Fee Statute.
John Blatchford of 44 Pond Street stated that the road would be going through his front yard and his house would be 15’ off the road. He stated that the Derelict Fee Statute would indicate that he owns the lot on Pond Street, and he would not allow a road to go through on his property. A discussion was held.
It was the consensus of the Board that, if the access to Pond Street were allowed, the waiver on the length of the cul-de-sac would probably be acceptable.
4. Guaranteed Builders & Developers: 37 Glen Street, Special Condition #1(ER-180312). Murray Bristol of Pyne Sand & Stone joined the meeting and presented a dust control hydroseeding procedure for 37 Glen Street. Mr. Cundiff supports the dust control plan.
Mr. Bristol submitted a groundwater elevation plan based off of Allen Engineering’s verification of the monitoring wells. Mr. Cundiff stated that the proposed contours are not the final approved contours. This submittal does not show the approved retaining wall. The base grades are reasonably close. He suggest that the plan be revised to reflect the permitted grades. There is 10’ clearance to the base elevations, with the exception of the replication area. The Conservation Agent prefers that it be closer to the ground water table in the replication area.
Mr. Zwicker made a motion to accept the dust control plan for Guaranteed Builders and Developers, 37 Glen Street, Special Condition #1(ER-180312). Mr. Socrat seconded the motion. Vote: Aye-5.
5. Maple Heights Estates Subdivision, Isabella Drive: Draft Letter: It was the consensus of the Board to authorize Mr. Cundiff to send the draft letter.
6. Accessory Apartment Special Permit Renewal: Richard Lamoureux, 144 North Street (AA-109523-01). Mr. Zwicker made a motion to approve the Accessory Apartment Special Permit renewal for Richard Lamoureux, 144 North Street (AA-109523-01). Mr. Socrat seconded the motion. Vote: Aye-5.
7. Form A (Approval Not Required) Application. The Board reviewed the form. It was suggested that the following be added: the form should be prepared by the land surveyor, all property owners must sign the application, property owners’ cell phone numbers and addresses should be added, whether or not it is a lot frontage exception, and are taxes current.
8. Voucher.
9. Minutes: May 28, 2019.
Mr. Greco made a motion to approve the May 28, 2019 Planning Board meeting minutes as amended. Mr. Socrat seconded the motion. Vote: Aye-5.

9:02 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the Planning Board meeting at 9:02 PM. Mr. Schultzberg seconded the motion. Vote: Aye-5.

Respectfully submitted,


Mary Wright
Recording Secretary
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