July 8, 2014 Planning Board Meeting

July 8, 2014 Planning Board Meeting

Postby Mary Wright » Sun Sep 07, 2014 8:24 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JULY 8, 2014

A meeting of the Planning Board was held on Tuesday, July 8, 2014. Mr. Marks called the meeting to order at 7:05 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chairman), Eben Chesebrough (Vice Chairman), Ken Ballou, Michael Greco, Tracy Sharkey (joined the meeting @ 7:23 PM), Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer-joined the meeting at 7:42 PM)
ABSENT:

1. 7:05 PM PUBLIC HEARING: LOUIS TUSINO (MOD 140528) Application for a Modification of a Subdivision Plan, Cardinal Drive.
Mr. Ballou recused himself. Mr. Marks opened the public hearing. Bill Pybas of Guaranteed Builders joined the meeting and presented that there has been an agreement with Mr. Ballou to relinquish his requirement to keep the lots from being subdivided. Mr. Pybas asked the board for their endorsement to remove the restriction of subdividing the lots. He received a letter from Mr. Cundiff today, however he has not had time to talk with his engineer, but will do so if the board votes in favor of the application.
Ken Ballou, 78 West Street, stated that he changed his mind with the following restrictions: no house, structure or building can be built within 400 feet from the back of Mr. Ballou’s house, no more than three houses can be built, and if a lot is sold, those restrictions carry to the next owner.
A discussion was held.
Mr. Chesebrough read a statement of his support of Mr. and Mrs. Ballou’s wishes in this matter.
Mr. Chesebrough made a motion to close the public hearing, Louis Tusino (MOD 140528) Application for a Modification of a Subdivision Plan, Cardinal Drive. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the Application for a Modification of a Definitive Subdivision Plan, for property located on Cardinal Drive, Map 171, Parcel 32 and Map 162, Parcel 23 owned by Louis Tusino, 12 West Street, Douglas, MA. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Ballou rejoined the meeting.

2. 7:22 PM PUBLIC HEARING: GILBOA PROPERTIES, LLC (SPR 140611) Application for Site Plan Review, 120 Gilboa Street.
Mr. Marks opened the public hearing. Ms. Sharkey joined the meeting. Neal Mitchell of Neal Mitchell Associates joined the meeting. He described the manufacturing space (4,000 sq. ft.) for the metal fabrication facility and the gym space (10,000 sq. ft.). He stated that there will be no construction done outside. The work being done inside is to make the bathrooms ADA accessible. He stated that travel lanes and sight distance were fine for entrance.
Thirty cars can currently fit in the parking lot. They have room for fifteen more. They will add two ADA parking spaces.
Mr. Mitchell will address Mr. Cundiff’s comments by requesting waivers. Mr. Chesebrough feels the waiver request is vague. Mr. Mitchell sent a more specific request.
The gym and the metal fabrication shop will all use the same bathroom facilities. Ms. Sharkey does not feel there are enough facilities for the square footage. Mr. Cundiff received a letter from Andrews Survey and Engineering regarding site distance. The Tax Collector needs to complete the form that states that all the taxes are up to date and current. Mr. Cundiff stated that the taxes are current.
The board reviewed the waivers. A lengthy discussion followed. Mr. Mitchell will request a waiver for off-street parking, loading, general landscaping, and environmental performance.
The Board would consider granting waivers for: 9.4.3, 9.4.4.1, 5.1, 5.2, 5.3, and 5.4.
Ms. Sharkey made a motion to close the public hearing, Gilboa Properties, LLC (SPR 140611) Application for Site Plan Review, 120 Gilboa Street. Mr. Chesebrough seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve waiver requests from the Site Plan Review Regulations of the Town, specifically sections 9.4.3 and 9.4.4.1 and further, to grant waivers from Section 5 of the General Regulations of the Town, specifically sections 5.1, 5.2, 5.3 and 5.4 in their entirety. Ms. Sharkey seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to approve the Application for Site Plan Review, with waivers, for Gilboa Properties, LLC (SPR 140611). Mr. Zwicker seconded the motion. Vote: Unanimous.

3. 8:06 PM PUBLIC HEARING: PYNE SAND & STONE, INC. (ER 140602) Application for an Earth Removal Special Permit, 439 & 447 Northeast Main Street.
Mr. Marks opened the public hearing. Normand Gamache of Guerriere & Halnon and Jim and Marlon Pyne of Pyne Sand & Stone joined the meeting. Mr. Gamache presented the plans. The access road to the site would be 300 ft. from the intersection of Monroe and Northeast Main Streets. Mr. Pyne came to an agreement with the Sullivans to remove the hill and reconfigure their lot to have a more rectangular, livable plot of land. They have designed an infiltration system and a berm.
They are looking for a waiver for 6.1.6.3. The Board of Selectmen (BOS) supported this waiver this evening. As part of this waiver, there is a section of Monroe Street that encroaches on private property. The applicant will carve out a strip of land so that the entire paved area is town-owned property. If the excavation comes close to the road, they will install some guardrails, if necessary.
A second waiver is being requested for 6.1.4.6. There is no intent to take the topsoil off the site, so there will be material to reestablish ground cover. Mr. Cundiff will still prepare a surety.
Mr. Cundiff presented an email he sent to Mr. Gamache dated July 8, 2014. The board needs to determine that the adverse effects of the project do not outweigh their beneficial impacts. Mr. Mitchell estimates that approximately 95,000 cu. yards of sand and gravel will be removed. It may take six months to remove all the sand and gravel with approximately 25- 50 truck trips each day, depending on the day.
Mr. Cundiff stated that the Police Chief did not have a problem with the proposed trucking routes. Taxes are current. All other remaining comments have been addressed. A discussion was held.
Jeremy Flansburg, 63 Monroe Street, stated that there were fifteen people waiting out in the hallway during tonight’s BOS meeting, and no one was told that a waiver was being asked for and had no say in the discussion. Mr. Flansburg would like to know the work hours. He would like to be assured that there will be no traffic going up Monroe Street. He feels that dust will negatively affect all the abutters, their land values, and perhaps their wells. He would like to know who will determine if a guardrail needs to be installed.
Mr. Jim Pyne responded that the area immediate to Monroe Street will be the first area loamed and hydroseeded. He would be fine with a condition to not use Monroe Street.
Patrick Blake, 8 Monroe Street, has the same concerns as Mr. Flansburg. He is concerned about waiving the 100 foot setback. He is also concerned about the effect on the wells.
Mr. Gamache responded by showing that the area is going to be flat. Mr. Cundiff spoke about the steep area across from Mr. Blakes’ driveway. Currently, the existing trees could stop a car from going down the slope. When the trees are cut, a guardrail or level area should be made there. Mr. Pyne stated that they are not doing work in the area of the drop.
Ms. Hendrickson, 17 Monroe Street, stated that she is concerned about the dust affecting her children. Mr. Pyne responded that the area is heavily wooded, and he will wet the area when feasible. Mr. Gamache stated that the white pine act as very good dust screens. There is a 350 foot buffer to 17 Monroe.
Ken Robbins, 447 Northeast Main Street, is concerned about the trucks. He feels that the project will slow traffic. There is excessive dust in the area now.
Andrew Smith, 21 Monroe Street, feels a guardrail should be a mandatory condition of this project.
Dennis Michalik, 415 Northeast Main Street, feels that dust will be a large problem.
Mr. Blake is concerned that removing trees from the entire four acre site will decrease the value of the natural site.
Mr. Flansburg asked about work hours. Mr. Cundiff responded that the hours requested are Monday through Saturday, 7:00 AM-5:00 PM. Mr. Pyne responded that they do not normally work on Saturday.
A discussion was held regarding the 100 foot buffer.
Mr. Smith asked if the board were planning a Site Plan Review of the area. He recommended some of the members go look at the area. Mr. Marks stated, that if a member has concerns, they typically will visit the area on their own.
Mr. Flansburg inquired as to the appeal process should the permit be granted tonight.
Mr. Zwicker made a motion to close the public hearing: Pyne Sand & Stone, Inc. (ER 140602), Application for an Earth Removal Special Permit, 439 & 447 Northeast Main Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the waiver requests for sections 6.1.4.6 and 6.1.6.3. Mr. Zwicker seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the Earth Removal Special Permit, Pyne Sand & Stone, Inc. (ER 140602) 439 & 447 Northeast Main Street, with concerns and contingent upon wells, no truck traffic on Monroe Street, dust control, a letter from the Board of Selectmen, the hours of operation shall be 7:00 AM-5:00 PM Monday through Friday, waivers, and the response from Norman Gamache about parameters and benches, contingent, but not limited to, any other issue discussed tonight. Mr. Zwicker seconded the motion. Vote: Aye-6, No-1.
The attendees for this public hearing left the meeting, except for Mr. Gamache.

4. 9:24 PM ANR PLAN: OTWOOD INVESTMENT GROUP, 32 Davis Street.
Mr. Gamache presented the plans. The applicant is separating Parcel A from the house situated at 32 Davis Street. The land on the opposite side of the stream will be combined with Lot 3, with frontage on Davis Street. Lot 3 will be the new lot. The only thing that is being done is creating a line between Lot 1A and Parcel A. A discussion was held.
Ms. Sharkey made a motion to endorse the ANR Plan, Otwood Investment Group, 32 Davis Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Gamache left the meeting.

5. 9:35 PM ANR PLAN: JAMES H. HAAGSMA, 64, 66, & 68 Depot Street.
Byron Andrews of Andrews Survey and Engineering, Inc. joined the meeting to present the plan. The property is currently three lots. The client would like to reconfigure the three lots to each have 20,000 sq. ft. and 100 ft. frontage. The existing structures have been removed. There are wetlands. Mr. Haagsma paid the taxes at 7:00 PM on June 30, 2014. Mr. Cundiff will confirm. He has no other issues with the plan. A discussion was held.
Ms. Sharkey made a motion to endorse the ANR Plan, James H. Haagsma, 64, 66 & 68 Depot Street. Mr. Greco seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Stone Gate Estates: Mailbox: Mr. Cundiff stated that a new location was chosen for the mailbox. All parties were satisfied. Carol Bloniasz, Post Master, asked for a letter to send to her boss from the Planning Board indicating that they are concerned about the safety of the first location.
2. RC-2 Repetitive Petition Request (Les Stevens): Mr. Stevens joined the meeting. Mr. Cundiff has spoken to Town Counsel. He stated that a portion of this proposal was denied at Town Meeting and therefore falls under the Repetitive Petition section of the bylaw. The board should first act on whether or not they want to reconsider the petition for the dimensional changes.
Mr. Stevens received feedback at the Town Meeting. Farmers had concerns about residentials in their backyard. Mr. Stevens suggested keeping RC-2 along Rte. 16. No action was required.

MEETING MINUTES: March 11, 2014, March 25, 2014, May 14, 2014, & June 10, 2014
Approval of the above listed meeting minutes was deferred to the next meeting.

OPEN SESSION:
REORGANIZATION:
Mr. Chesebrough moved, by general acclamation of this board, that Ernest Marks be named Chairman of the Planning Board. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Marks made a motion to nominate Eben Chesebrough as Vice Chairman of the Planning Board. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Marks made a motion to nominate Ken Ballou as CMRPC Representative. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Marks entered a letter for the record from Eben Chesebrough.

9:53 PM ADJOURNMENT:
Mr. Chesebrough made a motion to adjourn the meeting at 9:53 PM. Mr. Greco seconded the motion. Vote: Unanimous.


Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 513
Joined: Thu Jan 12, 2012 8:56 pm

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