December 9, 2014 Planning Board Meeting

December 9, 2014 Planning Board Meeting

Postby Mary Wright » Tue Jan 20, 2015 5:44 pm


A meeting of the Planning Board was held on Tuesday, December 9, 2014. 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.

PRESENT: Ernest Marks (Chairman), Eben Chesebrough (Vice Chairman), Ken Ballou, Mike Greco, Tracy Sharkey (Arrived 7:50 PM), Michael Zwicker, William Cundiff (Town Engineer)
ABSENT: Robert Werme, Jr. (Excused)

7:04 PM PUBLIC HEARING: LOUIS C. TUSINO (SP141029) Application for a Special Permit (Residential Compound), Cardinal Drive
Mr. Marks opened the public hearing. Bill Pybas of Guaranteed Builders joined the meeting. Yesterday, Mr. Cundiff received Mr. Pybas’ responses to his comments. Mr. Pybas read through Mr. Cundiff’s comments and presented the applicant’s responses, which included the following: a waiver request for the center line of not less than 60 degrees, waiver from roadway service requirements – they will use the road “as is”, provide drainage as approved in the plan Book 799, Plan 112, and a 40’ wide proposed buffer zone of not less than 30’ of separation is planned.
Mr. Cundiff stated that a modification was approved for this site a few months ago, but it has not yet been endorsed. This submittal is similar to that submittal, with the exception that they are also filing a special permit for a residential compound. Town Counsel said that both applications need to be submitted jointly. Mr. Cundiff presented the criteria for Planning Board approval for a residential compound. The applicant is reducing the number of lots from four to three. The applicant is proposing the same road as was proposed and approved previously. Riedell Road is a public way and the compound would be well beyond the 100’ listed in the regulations. Mr. Cundiff stated that his comments have been addressed and met, however he would like Town Counsel to review the endorsement notes.
Mr. Ballou decided that he would not recuse himself.
Mr. Chesebrough feels the plan is a good fit for the parcel. He feels that the items presented in section 4.3.6 should all be incorporated in a list of conditions. The agreement between Mr. Ballou and Mr. Tusino should also be a condition. Mr. Cundiff suggested incorporating the special conditions from the approved subdivision decision. He said that Town Counsel suggested listing the items in 4.3.6 individually in the decision.
The driveway is constructed and only needs minor improvements. The applicant is building off of the original approval. The only deviation between the original and this plan is the removal of the “more than one lot, no build” restriction. It also includes the note which references the original approval and says that the rest of it shall be built in conformance with the specific plan listed there, which lists every waiver that was granted.
Mr. Chesebrough made a motion to close the public hearing Louis C. Tusino (SP141029) Application for a Special Permit (Residential Compound), Cardinal Drive. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the special permit under Section 4.4 of the Town of Douglas zoning bylaw relative to allowing frontage of a Residential Compound lot of no less than 50 feet as shown on the special permit plan for Cardinal Drive, Douglas, MA, dated 12/5/14 as amended. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:04 PM LOUIS C. TUSINO (MOD141118) Application for a Modification of a Subdivision Plan (81W), Cardinal Drive.
This item was heard concurrently with the public hearing, SP141029 above.
Mr. Chesebrough made a motion to approve the request for waivers to be referenced at the Registry of Deeds in Plan Book 799, Plan 112 inclusively. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the subdivision modification as presented as shown on the Special Permit Plan for Cardinal Drive in Douglas, MA by Louis C. Tusino dated 12/5/14 as amended, and to include therein all of the conditions A-H as referenced in the Douglas Planning Board Rules and Regulations, Section 4.3.6, including the Special Condition that no structure shall be placed within 400’ of the home of Kenneth and Linda Ballou. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Cundiff will include the special conditions from the last subdivision. Mr. Pybas and Mr. Tusino left the meeting.

1. Pyne Sand & Stone: Trucks on Monroe Street. Mr. Cundiff stated that he has received complaints from abutters to the earth removal operation at the corner of Monroe and Northeast Main about Pyne trucks using Monroe Street. He shared the complaints with Jim Pyne, who assured Mr. Cundiff that his trucks were not using Monroe Street. Mr. Cundiff asked the complainants for photos. Mr. Pyne indicated that he might have deliveries that use Monroe Street that are separate from the earth removal operation. Mr. Cundiff shared that information with the abutters.
Mr. Pyne stated that his trucks have not been on Monroe Street and have no reason to use it.
Jeremy Flynn, Main Street stated that he has seen the Pyne trucks use Monroe Street three times. His father has seen the trucks and stopped one at 1:00 PM on a Friday. That driver was unaware that he was not supposed to use Monroe Street. Mr. Flynn’s brother has seen the trucks at 7:05 AM. His mother counted four trucks that went through on a Friday: two at 8:00 AM, one at noon, and one at 2:00 PM. The trucks are not always Pyne trucks, but they are coming out of the earth removal pit.
Mr. Flynn added that Mr. Pyne has pushed stumps to the bottom of the pit and is burying them.
Kelly Garber, 38 Monroe Street, has seen the long trucks on two occasions.
Pam Beauregard, 458 Northeast Main Street, stated that she walks on Monroe Street every day and she has had to get out of the way of trucks and other vehicles that will not get out of the way of the school bus. Also, she is concerned about her foundation because her house now vibrates a couple times a week. Mr. Pyne stated that they have not been blasting, and he does not know what they are doing that would make the ground tremble.
Andrew Smith, 21 Monroe Street, submitted photos showing an 18-wheeler traveling on Monroe Street to Young Street.
Cecilia Stienstra, 38 Monroe Street, saw a Pyne truck pass by her house at 6:45 AM.
The Board told Mr. Pyne to tell all of his drivers from the pit to not use Monroe Street. Mr. Cundiff will check to see if the hours of operation, 7:00 AM to 5:00 PM, are posted.
Mr. Pyne will personally ask all of his employees tomorrow if they have ever driven Monroe Street. If they have, it will not happen again.
The interested parties left the meeting.

8:10 PM PUBLIC HEARING: GILBOA PROPERTIES, LLC (SPR141112) Application for Site Plan Review, 120 Gilboa Street.
Mr. Marks opened the public hearing. Dan Donnelly joined the meeting to present the plan. The applicant was granted a few variances from a number of requirements within Section 5 from the ZBA relating to off-street parking regulations, loading requirements, landscaping requirements, and environmental performance standards.
Mr. Cundiff issued a letter and has gone through the applicant’s response to his letter. He did receive feedback from all Town departments and none had comment. Taxes are up to date. Storage of oil and lubricants, etc. will be stored inside. Paul Goffin of Dauphinais Concrete stated that there are no drains in that area of the building.
Mr. Donnelly stated that they have put up some additional outside lighting that shines down into the parking lot. They put in a new driveway on Gilboa Street for the trucks to enter and exit. They have adequate site distance and have put up signs. The hours of operation are 24/7. Mr. Cundiff suggested that the hours of operation be listed in the permit. The applicant is looking for waivers for all of Sections 9.4.3 and 9.4.4.
Mr. Zwicker made a motion to close the public hearing, Gilboa Properties, LLC (SPR141112), Application for Site Plan Review, 120 Gilboa Street. Mr. Chesebrough seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the site plan review, Gilboa Properties, LLC (SPR141112), 120 Gilboa Street, Assessor’s Map 138, Parcel 43, and reference is made to the material in the plan as submitted with further such conditions as the Board has approved. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to approve the requested waivers for the site plan for the building at 120 Gilboa Street, Assessor’s Map 138, parcel 43, specifically for waivers for Sections 9.4.3 and 9.4.4 from the bylaw. Ms. Sharkey seconded the motion. Vote: Unanimous.
The applicants left the meeting.

8:27 PM PUBLIC HEARING: DIANA DUBE (SR141112) Application for a Scenic Road Permit, 69 Oak Street.
Mr. Marks opened the public hearing. No one was present to present the application. Mr. Cundiff has not received a response to his comments. There has been no response to the fine issued to the contractor at the previous meeting. Mr. Marks said that the Highway Superintendent had a problem with the drainage and would like to see a pipe installed.
Ms. Sharkey made a motion to continue the public hearing, Diana Dube (SR141112) Application for a Scenic Road Permit, 69 Oak Street to January 13, 2015 at 7:00 PM. Mr. Chesebrough seconded the motion. Vote: Unanimous.

2. Douglas Properties LLC/Lakewood Estates: Partial Release of Covenant and Conditions. Atty. Henry Lane joined the meeting. A 5-acre parcel is being removed from the plan, therefore it needs to be removed from the covenant. Mr. Cundiff stated that Town Counsel has reviewed it and approved it to form.
Mr. Chesebrough made a motion to grant a partial release of the covenant and conditions relative to Parcel A and Parcel B as shown on the plan entitled “Division of Land in Douglas, Massachusetts, Survey for Douglas Properties” dated September 12, 2012. Mr. Zwicker seconded the motion. Vote: Unanimous.
Atty. Lane left the meeting.
3. CMRPC-LPA Hours. Mr. Cundiff stated that they are trying to utilize this year’s 20 LPA hours. He has been talking to CMRPC about having them do a build-out analysis for the industrialized zoned land north of Rte. 16 on the east side of Town. The Board had no objection as long as the work is not redundant with the work done with WBDC (Worcester Business Development Commission). Mr. Cundiff will have CMRPC do the scope of work.
Ms. Sharkey asked that CMRPC be reminded that Mr. Ballou is the new representative.
4. 2015 Meeting Schedule: Mr. Zwicker made a motion to accept the 2015 meeting schedule as presented. Mr. Greco seconded the motion. Vote: Unanimous.
5. Voucher.

MEETING MINUTES: August 12, 2014, September 10, 2014, September 23, 2014, November 12, 2014.
Approval of the above listed meeting minutes was deferred to the next meeting. The Board requested new copies of all the above meetings to review.

Mr. Cundiff stated that the fill of the McIntyre pit on Rte. 16 is progressing slowly.
Mr. Cundiff stated that someone from Oak Street has broken through the stone wall and has taken papers to apply for a Scenic Road Permit. This is not the same person as 69 Oak Street.

Mr. Zwicker made a motion to adjourn the meeting at 8:52 PM. Mr. Chesebrough seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 525
Joined: Thu Jan 12, 2012 8:56 pm

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