8/13/2019 - Planning Board Meeting "REVISED"

8/13/2019 - Planning Board Meeting "REVISED"

Postby Maria Lajoie » Tue Aug 13, 2019 2:37 pm

(Community Meeting Room)
7:00 PM


Nick Cristofori, P.E., Project Manager, Comprehensive Environmental, Inc.

7:15 PM CMRPC: Lakeside Zoning DLTA Project; Housing

27 Webster Street

Open session for topics not reasonably anticipated 48 hours in advance of Meeting.
1. Classic Envelope Parking Area, 120 Gilboa Street
2. Medicinal Alternatives, 120 Gilboa Street (SPR-170419)
3. Whitin Reservoir Estates: Release of Covenant for Lots #2 & #3 (MOD-120906)
4. 170 West Street: CH61 / Decommissioning Estimate
5. Residential Compounds
6. Accessory Apartment Renewal: Dolores Cyr/Jean Nugent, 74 Pond Street (AA-160523-02)
7. Accessory Apartment Renewal: John & Gina Webber, 14 Marilyn Drive (AA-010523)
8. ZBA Application: Dan Dudley, 160 Wallis Street (Variance-#2019-08)
9. ZBA Application: Douglas Ward, 179 Wallis Street (Special Permit-#2019-09)
10. Voucher:

Minutes: 6/11, 7/9
Future Agendas
TBD: Private Ways
TBD: Lakeside Residential
TBD: Subdivision Regulations
TBD: Solar Regulations
TBD: Forms

Upcoming Meetings: 9/10, 9/24
Maria Lajoie
Maria Lajoie
Posts: 1463
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

Re: 8/13/2019 - Planning Board Meeting "REVISED"

Postby Mary Wright » Sat Sep 21, 2019 9:21 am


A meeting of the Planning Board was held on Tuesday, August 13, 2019. Mr. Marks called the meeting to order at 7:03 PM and announced that the meeting is being recorded and will be available on cable and on the website.

PRESENT: Ernest Marks (Chair), Michael Greco, Jake Schultzberg, Tracy Sharkey (Vice Chair), Aaron Socrat, Les Stevens, Michael Zwicker
NON-VOTING: William Cundiff (Town Engineer)

Mr. Cundiff stated that the Town has been working with Comprehensive Environmental, Inc. (CEI) to satisfy requirements for the NPDES permit.
Nick Cristofori of CEI joined the meeting. He explained the measures that communities need to fulfill for MS4 compliance, but only within a town’s urbanized area. The mechanisms are required for developments of an acre or more that go to the MS4 system. This is an unfunded Environmental Protection Agency (EPA) mandate.
Two of the required regulator mechanisms are: elicit discharge detection elimination 1 (Douglas currently meets this requirement), and erosion and sediment controls during construction. Erosion and sediment controls can be implemented town-wide or just within the urbanized area, however the urbanized area can change based on census data. The Post Construction mandate needs to be completed by 6/30/20.
EPA does not provide a definition of “disturbance”.
A discussion was held. The Board would like to take a minimal approach.

Emily Glaubitz of Central Mass. Regional Planning Commission (CMRPC) joined the meeting and spoke about the Regional Housing Needs Study and community workshops. CMRPC will be collecting recent data on housing and population trends, future projections, and develop strategies for future action. A discussion was held including accessory apartments, 40B, IECC, and new building codes.
Ms. Glaubitz next spoke about CMRPC’s work on the Lakeside Residential Model Bylaw to map existing parcels, identify constraints to development, and produce a model bylaw. After December 2019, the next round of District Local Technical Assistance (DLTA) funding could be used to help implement the bylaw. Douglas will be the only town they are working on for this model. Mr. Cundiff clarified that the intent is to identify pre-existing small lots with existing structures that pre-date zoning to give the property owners relief, from a zoning perspective. A discussion was held including, DLTA funding, schedule and scope. Mr. Cundiff suggested that Ms. Glaubitz and Ron Barron work on the scope and a schedule and submit a revised proposal for the Board’s review.
CMRPC will be working on both these projects through December, 2019. Mr. Stevens is familiar with Webster’s Lakeside Residential and agreed to be on a subcommittee with Mr. Schultzberg.

7:50 PM ANR PLAN: PATRICIA & HILLARY C. MANNING (#2019-09), 27 Webster Street
Byron Andrews of Andrews Survey and Engineering joined the meeting. He stated that the applicant would like to separate the parcel with the wetland from the larger approximately 7 acre parcel, make it a non-buildable lot and create three buildable parcels: one with an existing house and two new buildable parcels.
All the lots would have adequate frontage and area for the zone, however there are 10% slopes which end before the wetland. There is a cart path on one new lot; access for the second lot can be addressed during the building process. Site distance in this zone is 360’ and one lot only has 275’ due to a dip in the road looking west up Webster Street. The lots would have private water and private sewer.
Mr. Cundiff stated that Mr. Andrews has addressed his comments. A discussion was held.
Mr. Greco made a motion to endorse the ANR plan for Patricia and Hillary C. Manning (#2019-09), 27 Webster Street. Ms. Sharkey seconded the motion. Vote: Aye-7.

1. 170 West Street: CH61/Decommissioning Estimate. Julie Beauchemin of NexAMP joined the meeting. She stated that the SMART program is completely full and NexAMP is on the wait list for this project. They have a window of until the end of September to build the wetland crossing. They would like to build the road and wetland crossing and then stop 30’ from the wetland. They are asking for a partial Building Permit.
Mr. Cundiff stated that the parcel is subject to Chapter 61A and requires the Town’s Right of First refusal process before any construction commences. Ms. Sharkey stated that if NexAMP has an Order of Conditions, they are able to construct a roadway. Mr. Cundiff stated that they have a Site Plan Review Permit that says that no construction is to commence until they go through the Chapter 61A process. Back taxes need to be paid. A discussion was held.
It was the consensus of the Board that the applicant can file for a modification of the plan. They will need a scope of work for the road construction, up to 100’ from the wetland, including the crossing and replication. In other words, only the activity defined under the Order of Conditions can be done.
Mr. Cundiff is not yet satisfied with the decommissioning estimate. Ms. Beauchemin is objecting to the value. Both he and Ms. Beauchemin want more details.
2. Classic Envelope Parking Area, 120 Gilboa Street. In the packet is correspondence from Town Counsel and a copy of the deed with easement language. The Town owns the land. Classic Envelope has an easement to the parking lot. Mr. Cundiff stated his opinion that it is not the Planning Board’s jurisdiction or authority to request that signage be taken down or be put up; that is a matter for the Board of Selectmen (BOS). Ms. Sharkey asked that Mr. Cundiff draft a memo to the BOS asking that the “No Parking” signs be removed. Mr. Cundiff will prepare one for Mr. Marks and Town Counsel to review.
3. Medicinal Alternatives, 120 Gilboa Street (SPR-170419). The Building Commissioner is asking the Board to interpret as to whether or not the changes warrant a modification to the issued permit or if the changes are not significant. Mr. Cundiff provided photos from a site walk done in accordance with the Site Plan Review decision. Mr. Marks, Mr. Socrat, Mr. Stevens and Tim St. Germain were also on the site walk. Mr. Socrat stated that there are definitely some exterior exhaust fans on the façade of the building and roof. There were no changes to the back. Tim St. Germain stated during the site walk that he will submit a plan for the modifications to be incorporated into the site plan review. He will also supply the manufacturer’s statistics regarding the decibels emanating from the exhaust units.
In the packet, there is a response to Mr. Cundiff’s comment from Fuss & O’Neill regarding the regulation. They are saying that, “…there are no exterior building or property modifications proposed with this submission, and as such, no other plans were deemed necessary. The application included a request to waive the requirements for the other types of plans detailed in section 9.4.4 of the Douglas Zoning Bylaws as not applicable.” The regulations require that “these things” be submitted showing changes to the exterior of the building. The applicant was granted waivers, and the Board approved the project based on their presentation at the hearing that no exterior improvements would be made to the building. The decision does not have specific language restricting exterior improvements to the building.
Atty. Jack Fariner joined the meeting and presented plans that were submitted to the Building Inspector, but were not previously submitted to the Planning Board. The projected completion date is 30 days. Mr. Marks clarified that the issue is the three exhaust fans on the roof, on the facade and the three watering units in the back. Atty. Fariner stated that for the 9/10/19 meeting, Fuss & O’Neill will update the plan to show the rooftop units, the changes to the façade, the watering units and the specs for the decibels. Mr. Cundiff asked for paper and electronic copies.
Scott Duncan of 106 Gilboa Street stated that the changes are major. He is concerned about the noise. He presented documents to the Board that were presented to the BOS regarding the applicant’s plans to possibly expand to 100,000 sq. ft. Mr. Cundiff stated that sound is regulated by Dept. of Environmental Protection (DEP) regulations, not Douglas’ local bylaws. Also, an expansion of 500 sq. ft. or more would trigger site plan review. Mr. Duncan stated that he and his neighbors are going to try to have the zoning where they live changed from industrial to residential.
4. Whitin Reservoir Estates: Release of Covenant for Lots #2 & #3 (MOD-120906). An unidentified woman joined the meeting. The applicant has been asked to remove concrete that has been dumped in the right-of-way. Funari Development will crush it.
Mr. Cundiff stated that he received complaints regarding dumping on the site of concrete, asphalt and rubble. The DEP’s guidelines do not allow processing of such solid waste on the site; it must be done at an approved processing facility. Mr. Cundiff has not yet received a written plan of action from the applicant.
Bob Pace told Mr. Cundiff on Thursday that the material was removed from the site, however Mr. Marks has visited the site and the material is still on site in the right-of-way. Mr. Marks stated that the material is clearly pushed over the banking and buried. Mr. Cundiff did not include handling of this material when he calculated the surety, therefore he does not recommend releasing any lots until the matter is resolved.
Bob Pace stated that he visited the site and he did not see the material, however he did not walk around the site. Lori Funari of Funari Development described the material that was brought in.
It was the consensus of the Board to authorize Mr. Cundiff to notify the DEP of the situation.
Mr. Cundiff stated that the applicant is requesting two lot releases. A modification to the Flexible Development Special Permit was issued. Before the issuance of the second Building Permit, the applicant will make a contribution of $5,000. Mr. Pace asked to be placed on an upcoming agenda. Mr. Cundiff will place him on the agenda for 9/10/19 at 7:15 PM.
5. Residential Compounds. This item will be discussed at the next meeting.
6. Accessory Apartment Renewal: Dolores Cyr/Jean Nugent, 74 Pond Street (AA-160523-02). See # 7 below.
7. Accessory Apartment Renewal: John & Gina Webber, 14 Marilyn Drive (AA-010523). Ms. Sharkey made a motion to approve the Accessory Apartment Renewals for Dolores Cyr and Jean Nugent, 74 Pond Street (AA-160523-02) and John and Gina Webber, 14 Marilyn Drive (AA-010523). Mr. Zwicker seconded the motion. Vote: Aye-7.
8. ZBA Application: Dan Dudley, 160 Wallis Street (Variance-#2019-08). Mr. Marks stated that one shed is on a neighbor’s property. Mr. Stevens stated that one shed is 4’ off the rear property line and the other is 2’ off the property line. The lot is nonconforming. The Board had no objection to the application.
9. ZBA Application: Douglas Ward, 179 Wallis Street (Special Permit #2019-09). Mr. Socrat stated that the lot is only 49’ wide. The existing house will be razed and a two-story dwelling erected closer to the water. They are proposing a tight tank. The Board had no objection to the application.
10. Minutes: June 11 & July 9, 2019.
Mr. Greco made a motion to approve the June 11, 2019 Planning Board meeting minutes as presented. Mr. Socrat seconded the motion. Vote: Aye-6, Mr. Stevens abstained.
Approval of the July 9, 2019 Planning Board meeting minutes was deferred to the next meeting pending correction of an ANR plan number.

Downs Road: Ms. Sharkey stated that the plans for the subdivision stated that monuments were to be set, but they were never set. Mr. Cundiff stated that Shady Knolls had four phases. Phase 1 was Downs Road. Phase 4 was the only phase with a cash surety. Phases 1, 2 and 3 had Performance Bonds from a company out of New York that went out of business. Because they went out of business, Town Counsel said that the Town could put a claim in, but it would have to be litigated in New York, therefore, all the money from Phase 4 was used to pay for drafting the road layout and acceptance plans. Ms. Sharkey would like to explore other ways to have missing monuments installed. Mr. Cundiff estimated that the cost to the Town per monument is $1,000, which includes engineering. He suggested utilizing the Board’s Expense account. A discussion was held. The Board will continue to explore options for having missing monuments installed.
Jonathan Magsino of 10 Downs Road is concerned that the abutters to his north have made encroachments to his property that he cannot substantiate without monuments.

Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:35 PM. Mr. Socrat seconded the motion. Vote: Aye-7.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 601
Joined: Thu Jan 12, 2012 8:56 pm

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