July 9, 2013 Planning Board Meeting

July 9, 2013 Planning Board Meeting

Postby Mary Wright » Tue Oct 01, 2013 6:59 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JULY 9, 2013

A meeting of the Planning Board was held on Tuesday, July 9, 2013. 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 (Chairman), Derek Brown, Eben Chesebrough, Michael Greco, Tracy Sharkey, Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer)
ABSENT:

7:06 PM ANR PLAN: David A. & Tracy L. Purvis, 24 Crescent Lane (Lot #3) & SDCC, LLC, 28 Crescent Lane (Lot #4)
Mr. Mike Yerka of Civil Site Engineering joined the meeting to present the plan.
The owner of lot #3 had built a shed over the property line. The owners of both lots worked out an agreement to move the property line to accommodate the shed on lot #3 for an equal amount of land on lot #4. The areas and frontages remain the same. Mr. Cundiff stated that the plan is a straightforward land swap.
Ms. Sharkey made a motion to endorse the ANR Plan, David A. & Tracy L. Purvis, 24 Crescent Lane (Lot #3) and SDCC, LLC, 28 Crescent Lane (Lot #4). Mr. Chesebrough seconded the motion. Vote: Unanimous.

7:10 PM PUBLIC HEARING CONTINUED: LOUIS TUSINO (MOD-130225) Application for a Modification of a Subdivision Plan, Cardinal Drive.
Mr. Marks stated that they received a letter from Mr. Bill Pybas of Guaranteed Builders asking to continue the public hearing to the next Planning Board meeting. Mr. Cundiff pointed out that they have an extension of the decision timeline to the end of August, but they may need to extend extension at the next meeting.
Mr. Chesebrough made a motion to continue the public hearing for Louis Tusino (MOD-130225), Application for a Modification of a Subdivision Plan, Cardinal Drive to August 13, 2013 at 7:30 PM. Mr. Greco seconded the motion. Vote: Unanimous, Ms. Sharkey recused herself.

DISCUSSION
1. NextSun Energy Douglas, LLC, 436-440 Northeast Main Street. Mr. Cundiff recounted that during the hearings for the solar farm, there was a discussion regarding soil excavation. The applicant stated that the excavated material would be stockpiled on site. The Planning Board had made the applicant aware that an Earth Removal Permit would be required in order to remove in excess of 300 cu. yards/year. Mr. Cundiff performed an inspection June 11, 2013 and found that material had been removed from the project site. Mr. Cundiff sent a letter to NextSun Energy and a copy to all parties involved. He requested that the applicant and their representatives attend tonight’s meeting or file an Earth Removal Permit Application.
Mr. Steve O’Connell of Andrews Survey & Engineering, Inc. joined the meeting. Todd Fryett of NextSun Energy, Kevin Donegan of Gehrlicher Solar and John Palmer of McIntyre Loam were also present. Mr. O’Connell did not dispute what Mr. Cundiff presented. Although McIntyre Loam, Inc. was not a co-applicant, the plans illustrated work occurring over the property line, to the extent that the board had required an easement. An area where material would be stockpiled had been identified. They consider the McIntyre property to be part of the project site. Mr. O’Connell states that no dirt has been removed from the Bosma or McIntyre properties, although some has been moved from the Bosma property to the McIntyre property.
Mr. Cundiff stated that it was his recollection that the Bosma property was the project site and the rest was peripheral grading.
Mr. Palmer spoke about the restoration that is ongoing at the McIntyre property. He stated that none of the material taken from the Bosma property would be used in the restoration of the gravel pit. Mr. Marks asked Mr. Palmer to keep the board advised. The board wants to be sure that the material moved from the Bosma property would be going back there and used on that site.
A discussion was held.
Craig Bosma of 173 Wallis Street stated that he received notification that Washington Gas is now in charge of the project. He also gave his opinion on the quality of the topsoil at the site.
In response to a question from a member of the audience, Mr. Fryett stated that Washington Gas provided guaranty for the earth removal and they are now the tenant. Mr. Marks stated that the Planning Board has the new contact information.
Mr. Donegan stated that he would be the contact for Washington Gas until the project is turned over to them.
A discussion was held regarding the use of the excavated soil and whether or not earth has been removed from the project site.
Annie Bosma of 69 Southwest Main Street stated that she had asked that all the excavated material be stockpiled on her land.
It was the consensus of the board that excavated material has not been removed from the project site, the material will be going back into the project, and the applicant does not need to apply for an Earth Removal Permit. Mr. Cundiff suggesting getting a letter from the abutting property owner (McIntyre Loam, Inc.) indicating the volume, type and plans for the material that has been stockpiled.
2. Request for Release of Bond: Cardinal Drive (Orbison Corp.) Mr. Dan Heney joined the meeting and stated that he had purchased Cardinal Drive, posted a bond for drainage work, and then sold the property to a private party. The private party has recently lost the property. Mr. Cundiff, reporting back from town counsel, stated that if the surety is returned to Mr. Heney, the town has no surety for the construction of the road. There is no No-Build Covenant. No Occupancy Permit can be granted until the work is done (12D). A discussion was held regarding the covenant and the project.
Mr. Zwicker made a motion to Release the Bond, Cardinal Drive (Orbison Corp.) in the amount of $7,853.90, plus interest. Mr. Greco seconded the motion. Vote: Unanimous, Ms. Sharkey abstained.

MINUTES: February 26, 2013, March 26, 2013, April 9, 2013, May 28, 2013 & June 11, 2013.
Mr. Chesebrough made a motion to approve the February 26, 2013 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion to approve the March 26, 2013 Planning Board meeting minutes as presented. Ms. Sharkey seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion to approve the April 9, 2013 Planning Board meeting minutes as amended. Mr. Greco seconded the motion. Vote-Unanimous.
Approval of the May 28, 2013 Planning Board meeting minutes was deferred to the next meeting, pending corrections.
Mr. Chesebrough made a motion to approve the June 11, 2013 Planning Board meeting minutes as presented. Mr. Greco seconded the motion. Vote-Unanimous.

SIGN:
1. Voucher: CMRPC
2. ZBA Application: Gerald & Melissa Setzer, 102 Southeast Main Street. Ms. Sharkey presented the ZBA, which is for a variance of a side setback for a 24’ x 28’ garage. Ms. Sharkey suggested it be pushed back a bit.

OPEN SESSION
Mr. Cundiff gave an update on the progress of the Sign Bylaw Study Group. They have come up with a draft Sign Bylaw, which is in four parts: signs that are exempt, signs that are limited by size but do require a permit, signs that exceed those that the Building Commissioner can issue a permit for but can be permitted by the Planning Board, and those that are not allowed. There is a provision that allows the Board of Selectmen to hear appeals. The group is asking for Planning Board input on the sign size chart. Town counsel recommended a category that would trigger the Planning Board process. A discussion was held.
Mr. Cundiff mentioned that there would be a zoning bylaw change on West Street coming up.

9:11 PM ADJOURNMENT
Mr. Brown and Mr. Werme left the meeting at 9:07 PM. Mr. Zwicker made a motion to adjourn the meeting at 9:11 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 489
Joined: Thu Jan 12, 2012 8:56 pm

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