August 13, 2013 Planning Board Meeting

August 13, 2013 Planning Board Meeting

Postby Mary Wright » Mon Oct 07, 2013 7:41 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, AUGUST 13, 2013

A meeting of the Planning Board was held on Tuesday, August 13, 2013. Mr. Marks called the meeting to order at 7:04 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:

7:05 PM PUBLIC HEARING CONTINUED: AMERICAN PRO WIND (SPR- 100614) APPLICATION FOR SITE PLAN REVIEW: LOCATED ON THE SOUTH SIDE OF ROUTE 16 (WEBSTER STREET) ABUTTING THE WEBSTER TOWN LINE: Request for Continuance
Mr. Marks continued the public hearing. He presented a letter from the applicant asking for a continuance. A discussion was held.
Atty. Brian Schwartz of Senie & Associates in Westboro stated that he represents 13 Webster residents in opposition to the project. Those residents oppose the project for reasons which are outlined in his August 5, 2013 letter. They support the continuance on the grounds that the board hear their reasons why the project should be denied.
Mr. Chesebrough made a motion to continue the Public Hearing: American Pro Wind, Application for Site Plan Review to September 10, 2013 at 7:30 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:11 PM DISCUSSION:
1. Albert Thornton, 60 Main Street stated that he is representing his wife, Martha Buxton, concerning GBIs construction on Rydell Road. He stated that GBI was not supposed to utilize the driveway, however they have been. He has written three complaints to Ms. Adele Reynolds, Building Commissioner.
Ms. Reynolds joined the meeting. She stated that the first time Mr. Thornton came in with a complaint, Ms. Reynolds contacted Mr. Tusino regarding driving on Mr. Thornton's property and dirt being deposited over the boundary line. She explained to Mr. Thornton that she does not have jurisdiction over where the boundary line is. Mr. Tusino did put stakes in along the easement.
She stated that when Mr. Thornton came in again, she called the administrator and arranged a meeting. She asked Mr. Thornton at the meeting if his concerns had been taken care of. At that time, which was last Wednesday, Mr. Thornton stated that everything was fine. Mr. Thornton came in again yesterday with a complaint. Ms. Reynolds stated that all of Mr. Thornton's complaints have been looked at, addressed and discussed.
Ms. Reynolds suggested that the board come to an understanding with Mr. Thornton regarding where her jurisdiction ends and where a civil matter comes in.
Mr. Tusino stated that he will have a surveyor stake the line to Mr. Thornton's satisfaction, however he wants the courts to decide if Mr. Thornton owns that piece of property. Mr. Marks then advised Mr. Thornton that if he witnesses trespassing again, to contact Ms. Reynolds or the Police Dept. A discussion was held. Ms. Reynolds advised the board to review the timeline in their packet.

7:32 PM ANR PLAN: PATRICK SHAY, 81 UXBRIDGE ROAD
Mr. Byron Andrews of Andrews Survey & Engineering, Inc. joined the meeting and presented the plan. He stated that the taxes are up to date. They are doing a reduced frontage lot. They are creating one new lot. It was questioned as to whether or not creating two non-conforming lots would be in agreement with the bylaw. A discussion was held.
Mr. Andrews asked if he could go through the ZBA to get a variance. Mr. Cundiff suggested making one lot conforming and have one frontage exception. Lot 1 would be a “Not a Buildable Lot”. They could then apply for a variance for the frontage on Lot 1 from the ZBA, then come back to the Planning Board to make it a buildable lot. A discussion was held.
Ms. Sharkey made a motion to accept the withdrawal of the ANR Plan, Patrick Shay, 81 Uxbridge Road, without prejudice and waive the fees for the next application upon any resubmittal. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:56 PM ANR PLAN: ALLEN G. RILEY, 229 MAIN STREET
Mr. Eric Bazzett of Heritage Design Group joined the meeting and presented the plan. The applicant would like to divide the property into two lots.
Mr. Chesebrough made a motion to endorse the ANR Plan, Allen G. Riley, 229 Main Street for Lot 1 and Lot 2. Ms. Sharkey seconded the motion. Vote: Unanimous.

8:10 PM PUBLIC HEARING CONTINUED: LOUIS TUSINO (MOD-130225) APPLICATION FOR A MODIFICATION OF A SUBDIVISION PLAN, CARDINAL DRIVE.
Mr. Marks opened the public hearing. Ms. Sharkey recused herself. Bill Pybas of Guaranteed Builders, Inc. joined the meeting. At the last meeting, town counsel stated that the applicant needed Mr. Tusino's signature and an agreement with the owner of Lot 1, which he now has. Mr. Pybas is requesting the board to give a positive decision for the removal of the special conditions relating to the water line and the deed restriction. They are relinquishing their right to use Dogwood Lane.
Mr. Cundiff is concerned with the language. The deed restriction is the issue. A discussion was held. Mr. Chesebrough feels there has been no compelling argument made to void the original agreement made with the original landowner to not subdivide the lot. Mr. Brown agreed. Mr. Pybas replied that town counsel had stated that the owners could ask for a modification at any particular time. Mr. Cundiff stated that the original subdivision approval was linked to two buildable lots. Mr. Cundiff stated that the board could conditionally approve the modification and require that it be submitted as a full blown subdivision plan. A discussion was held. Mr. Cundiff reminded the board that the improvements to Cardinal Drive have not yet been made.
Mr. Chesebrough made a motion to approve the Application for a Modification of the Ballou Two-Lot Subdivision located off of Cardinal Drive, made by the applicant, Louis Tusino, 12 West Street, as submitted. Mr. Greco seconded the motion. Vote: Aye-3, No-3.
Mr. Cundiff stated they were granted an extension to the end of the month for a decision. He will draft a decision with town counsel's assistance and will have a special meeting or email it to everyone for their review. Mr. Pybas was willing to grant another extension to the end of September in order for the paperwork to be completed. He will drop off the extension tomorrow.

DISCUSSION (cont.):
2. Letter from Senie & Associates, PC dated 8/5/13 regarding Douglas Woods Wind Farm and informational documents. (See 7:05 PM Public Hearing-American Pro Wind.)
3. Proposed Sign Bylaw (Draft): Ms. Sharkey rejoined the meeting. The board handed Mr. Cundiff their comments and charts.
4. Vote: Letter from Atty. Henry Lane dated 8/2/13 regarding 61A property owned by Suzanne Lussier, Maple Street and asking the Board if they are interested in purchasing the property. Mr. Cundiff stated that the parcel will be used as a land swap to give her more frontage on Maple.
Mr. Chesebrough made a motion that the Planning Board vote that the Board of Selectman not act on their Right of First Refusal for the Lussier parcel off of Maple Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
5. Letter from McIntyre Loam: Removal of material on the Bosma site. In addition to accounting for the material moved from site A to site B, McIntyre Loam asked permission from the board to relocate four trees to allow for tractor access. Mr. Chesebrough would like to know if the landowner is aware of the tree relocation. Mr. Cundiff will get clarification on whether or not the trees are newly planted trees. It was the consensus of the board to approve the relocation of the trees once it is clarified that they were newly planted and the Bosmas are made aware of their relocation. A discussion was held regarding the excavated material and earth removal permits.
Mr. Zwicker would like a clarification of the bylaw regarding temporary status of earth removal material. Mr. Cundiff explained that the permit was filed for the Bosma piece, and they had agreed that a Construction Easement could be an appropriate way to stockpile on the abutter's land without triggering an Earth Removal Permit. They got a one-year Temporary Grading Easement. A discussion was held. Mr. Cundiff will send a letter requesting a Permanent Grading Easement. Mr. Werme and Mr. Brown left the meeting at 9:07 PM and 9:09 PM, respectively.
6. Memos (2) regarding the Auction of Tax Title properties. A discussion was held. Some typographical errors were corrected. The board had no concerns.
7. Accessory Apartment Special Permit Extension: Michael & Cindy Christian, 5 Manchaug Street. Ms. Sharkey made a motion to grant the Accessory Apartment Special Permit Extension: Michael & Cindy Christian, 5 Manchaug Street. Mr. Greco seconded the motion. Vote: Unanimous.
8. Accessory Apartment Special Permit Extension: John & Gina Webber, 14 Marilyn Drive. Mr. Zwicker made a motion to accept the Accessory Apartment Special Permit Extension: John & Gina Webber, 14 Marilyn Drive. Ms. Sharkey seconded the motion. Vote: Unanimous.
9. Planning Board Fee Schedule. Mr. Cundiff suggested revisiting the current Fee Schedule, which was established in 2003.

MINUTES
Approval of the May 28, 2013 and July 9, 2013 Planning Board meeting minutes was deferred to the next meeting.

SIGN:
1. Accessory Apartment Special Permit Extension: Michael & Cindy Christian, 5 Manchaug Street.
2. Accessory Apartment Special Permit Extension: John & Gina Webber, 14 Marilyn Drive.
3. Voucher

OPEN SESSION
Mr. Cundiff stated that he went to the Board of Selectmen meeting tonight and they acquired Conservation Drive and Old Farm Road as public ways. They also supported the rezoning request for West Street. The Board of Selectmen will send a memo to the board supporting that change. Mr. Cundiff will go forward with the public hearing advertising. A discussion was held. It was decided that Mr. Cundiff would ask the petitioners to cover the cost of the advertising.

9:17 PM ADJOURNMENT
Mr. Zwicker made a motion to adjourn the meeting at 9:17 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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