May 26, 2015 Planning Board Meeting

May 26, 2015 Planning Board Meeting

Postby Mary Wright » Mon Jul 20, 2015 5:37 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, MAY 26, 2015

A meeting of the Planning Board was held on Tuesday, May 26, 2015. Mr. Marks called the meeting to order at 7:08 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, Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer)
ABSENT:

7:08 PM REORGANIZATION:
Mr. Chesebrough made a motion to nominate Ernest Marks as Chairman of the Planning Board. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Zwicker made a motion to nominate Eben Chesebrough as Vice Chairman of the Planning Board. Ms. Sharkey seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to nominate Ken Ballou as Central Mass. Regional Planning Commission (CMRPC) Representative. Mr. Greco seconded the motion. Vote: Unanimous.

7:10 PM PUBLIC HEARING CONTINUED: NEW ENGLAND REALTY VENTURES, LLC (AQ 141222): Application for a Water Resource Protection Overlay District (WRPOD) aka Aquifer Protection Special Permit, and
PUBLIC HEARING CONTINUED: NEW ENGLAND REALTY VENTURES, LLC (SPR 141222): Application for Site Plan Review, 74 Main Street
Mr. Marks stated that the applicant has requested a continuance. Mr. Cundiff stated that today was the deadline for the ZBA appeal for the drive-through window.
Mr. Chesebrough made a motion to continue the public hearings for AQ 141222 and SPR 141222, New England Realty Ventures, LLC, Applications for an Aquifer Protection Special Permit and for Site Plan Review, 74 Main Street to July 14, 2015 at 7:00 PM. Mr. Greco seconded the motion. Vote: Unanimous.

OPEN SESSION:
Mr. Cundiff stated that the roads at Kingwood Estates and the overlook have been accepted as public ways. There is an agreement with the former developers/owners that the Town can use the bond money for road maintenance, etc. Both agreements are past due, and Mr. Cundiff is reaching out to the former developers/owners to extend the agreements for three years.
There are some funds available in Phase 4 of Shady Knolls. Those roads are also public ways. Those funds have been used for road maintenance in the past. John Furno, Highway Dept. Superintendent, asked if those funds could be used to sweep the streets at Shady Knolls. A discussion was held. Mr. Cundiff will speak with Atty. Jay Talerman about the legalities of using the bond money, as the entity that had access to the funds no longer exists. It was the consensus of the Board to use the funds to sweep the road and still pursue the due process.

7:18 PM PUBLIC HEARING CONTINUED: PYNE SAND & STONE, INC. (#ER 150421) Application for an Earth Removal Special Permit, Phase 2, located at 34 Davis Street & 439 Northeast Main Street
Bruce Williams of Guerriere and Halnon and Jim Pyne of Pyne Sand & Stone joined the meeting. Mr. Williams stated that the only revision made to the plan was to sheet #2 to add the profile to the earth removal; the limit of work has not changed. Since the last meeting, they have formally requested two waivers from the board. One is for the amount and cost of restoration materials, and the other is to be less than 100’ from the Town’s property line. Mr. Williams stated that the Board of Selectmen (BOS), at their last meeting, did not object to them conducting excavation within 100’ of the Town’s property line. The limit of excavation will be 18 feet. There is only a small section where they will be excavating less than 100’ from a property line. The 100’ wetlands buffer has been flagged.
Mr. Cundiff stated that there is no waiver request for #8 on his comment list regarding slope. Mr. Williams replied that 3:1 grades have been maintained in all areas that will be finished and 2:1 slopes in areas that will be further excavated.
Mr. Cundiff asked Mr. Williams for the summary table for the stormwater flows showing pre and post. Mr. Williams replied that drainage calculations were submitted at the last meeting.
Mr. Cundiff replied that the applicant has responded adequately to the above two comments. A discussion was held regarding the restoration waiver. Mr. Cundiff feels it would be appropriate to grant that waiver.
Mr. Pyne requested that the permit be a one-year permit, instead of a three-year permit. Mr. Pyne would be content working Monday through Friday, in lieu of Monday through Saturday. He also asked for a waiver of monthly status reports as stated in item O on page 6. Mr. Cundiff stated that this request is not particularly enforced unless issues are encountered. It was decided that the applicant shall provide status reports as requested.
Mr. Pyne would like a new bond for this site, and as the other phase is finished, ask the Planning Board to release the bond. Mr. Marks stated that the restoration on the slope is looking good.
Jeremy Flansburg, 63 Monroe Street asked if Phase 2 was going to cross the stream. Mr. Marks stated that Phase 2 does not cross the stream. The next phase would involve the Conservation Commission. Mr. Flansburg asked if Mr. Pyne would be starting his machines before 7:00 AM. Mr. Zwicker replied that 7:00 AM is when Mr. Pyne can start to dig and move dirt. Mr. Pyne stated that in cold weather, the engines may need a half hour to warm up. It was decided to add on page 5, “Equipment may be started no earlier than 6:45 AM.”
Traffic will be prohibited from Monroe Street between Northeast Main and Davis Streets.
Mr. Flansburg would like to see a fine added for trucks travelling on Monroe Street and for work starting prior to 7:00 AM due to past violations. Mr. Cundiff stated that enforcement for any zoning bylaw lies with the Building Inspector. The Planning Board can take in complaints and act on them, in terms of stopping work until issues are resolved. Fines can be instituted by the Building Inspector. Section 6.1.14 does include language regarding fines. Mr. Pyne stated that there have been complaints, but no violations, and Mr. Marks concurred. Mr. Flansburg disagreed.
Mr. Zwicker made a motion to close the public hearing Pyne Sand & Stone, Inc. (#ER 150421) Application for an Earth Removal Special Permit, Phase 2, located at 34 Davis Street and 439 Northeast Main Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to grant waivers for the following two items: section 6.1.4 #6 and section 6.1.6 #3 relative to the Earth Removal Special Permit by the owner JMT Sleepy Hollow, LLC and the applicant Pyne Sand & Stone, Inc. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to grant the special permit for earth removal to JMT Sleepy Hollow, LLC, developer and Pyne Sand & Stone, Inc., the applicant (#ER 150421) for work to be conducted at 34 Davis Street and 439 Northeast Main Street as drafted and amended and to be active for not longer than one year from the date of issue. Ms. Sharkey seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Cardinal Drive: Mr. Cundiff received a request from the developer that the alignment be modified slightly to avoid an existing stone wall and manicured lawn. The Board had no objection to the minor modification.
2. Patrick Fleming, Extension for an Accessory Apartment, 295 Wallum Lake Road: This request was received less than a week past the deadline. Mr. Cundiff does not have a problem with the application. Taxes are paid and nothing has changed from what was originally permitted. The Board had no objection.
Ms. Sharkey made a motion to renew the existing Accessory Apartment Permit at 295 Wallum Lake Road. Mr. Werme seconded the motion. Vote: Unanimous.
3. Evergreen Estates: Mr. Cundiff had a pre-meeting with the developer, builder and the engineer. This project was approved a long time ago. They are starting to clear trees on South Street. A lot of earth will be removed.
4. North Village: Phase 1 has been cleared out and the road roughed in. They are going to start building a retaining wall where the road crosses the wetlands.

MEETING MINUTES: 4/28/15 and 5/13/15
Mr. Chesebrough made a motion to approve the April 28, 2015 Planning Board meeting minutes as presented. Mr. Greco seconded the motion. Vote: Aye-6, Mr. Ballou abstained.
Mr. Zwicker made a motion to approve the May 13, 2015 Planning Board meeting minutes as amended. Mr. Greco seconded the motion. Vote: Aye-6, Mr. Chesebrough abstained.

8:16 PM ADJOURNMENT:
Mr. Zwicker made a motion to adjourn the meeting at 8:16 PM. Mr. Greco seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 573
Joined: Thu Jan 12, 2012 8:56 pm

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