April 25, 2017 Planning Board meeting

April 25, 2017 Planning Board meeting

Postby Mary Wright » Mon May 22, 2017 8:08 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, APRIL 25, 2017

A meeting of the Planning Board was held on Tuesday, April 25, 2017 Mr. Marks called the meeting to order at 7:01 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, Aaron Socrat (Associate Member), Robert Werme, Jr., Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer)

7:01 PM PUBLIC HEARING CONTINUED: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK (DEF 160316): Application for a Definitive Subdivision Plan “Sleepy Hollow”, 439 Northeast Main Street and 34 & 36 Davis Street.
This public hearing was held concurrent with the hearing below.

7:01 PM PUBLIC HEARING CONTINUED: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK (ER 160815): Application for an Earth Removal Special Permit (Phase 3), 439 Northeast Main Street and 34 & 36 Davis Street.
Mr. Marks stated that the applicant has asked for a continuance.
Mr. Chesebrough made a motion to continue the public hearing for JMT Sleepy Hollow, LLC & James T. Fitzpatrick (DEF 160316), Application for a Definitive Subdivision Plan, 439 Northeast Main Street and 34 & 36 Davis Street and also to continue the public hearing for JMT Sleepy Hollow, LLC & James T. Fitzpatrick (ER 160815) Application for an Earth Removal Special Permit, 439 Northeast Main Street and 34 & 36 Davis Street to May 10, 2017 at 7:15 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:10 PM PUBLIC HEARING: TOWN OF DOUGLAS PLANNING BOARD, Proposed Amendments to the Zoning Bylaws, Section 7.3-Assisted Living Facilities.
Mr. Marks opened the public hearing. Mr. Cundiff reviewed the changes, which will allow assisted living facilities in industrially zoned areas, permits assisted living facilities town-wide and not just within the municipal water district, clarification on a section reference, allows the Planning Board to grant waivers when it is in the public’s interest, and revises the Use Table.
Mr. Chesebrough made a motion to close the public hearing, Town of Douglas Planning Board, proposed amendments to the zoning bylaws, section 7.3-Assisted Living Facilities. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to recommend issuance of a favorable report to Town Meeting. Ms. Sharkey seconded the motion. Vote: Unanimous.


7:15 PM PUBLIC HEARING: TOWN OF DOUGLAS PLANNING BOARD, Proposed Amendments to the Zoning Bylaws, Section 6.1-Earth Removal
Mr. Marks opened the public hearing. Mr. Cundiff reviewed the changes, which clarify the Planning Board’s position that “building related activities” be limited to anything below finished grade, such as excavation for a foundation or septic. The amendment also clarifies what is permissible within 100’ of an abutter or public way. A discussion was held, including the definition of “finished grade” and further clarifications.
Andrew Smith, 21 Monroe Street and Carol Gogolinski, 55 Island Road, asked for clarifications. A discussion was held.
Mr. Chesebrough made a motion to close the public hearing, Town of Douglas Planning Board, proposed amendments to the zoning bylaws, section 6.1-Earth Removal. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to recommend issuance of a favorable report to Town Meeting. Ms. Sharkey seconded the motion. Vote: Unanimous.

7:48 PM PUBLIC HEARING: TOWN OF DOUGLAS PLANNING BOARD, Proposed Temporary Moratorium Regulating Recreational Marijuana Use, New Zoning Bylaw, Section 8.4
Mr. Marks opened the public hearing. Mr. Cundiff stated that this moratorium originated with the Board of Selectmen (BOS) to address the State law that was passed legalizing the cultivation, production, distribution and sale of recreational marijuana. There is currently inadequate legislation to regulate such activities. This bylaw would postpone allowing these facilities until January 1, 2019, when it is thought that controls will be in place and defined.
Mr. Zwicker made a motion to close the public hearing, Town of Douglas Planning Board, proposed temporary moratorium regulating recreational marijuana use, new zoning bylaw, section 8.4. Mr. Chesebrough seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to recommend issuance of a favorable report to Town Meeting. Ms. Sharkey seconded the motion. Vote: Unanimous.

8:03 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, APPLICATION FOR A DEFINITIVE SUBDIVISION PLAN (DEF-170222) ENTITLED “GILBOA COURT EXTENSION”, 30 Gilboa Court.
The applicant has asked for a continuance. Mr. Cundiff has reviewed the submittal and has given the engineer his comments. Mr. Socrat and Ms. Sharkey have visited the site. Ms. Sharkey requested that the edges be staked on the width. A discussion was held.
A gentleman in the audience spoke about the narrowness of the road and the speed limit on the road. A discussion was held.
Mr. Zwicker made a motion to continue the public hearing for an Application for a Definitive Subdivision Plan (DEF-170222) entitled “Gilboa Court Extension”, 30 Gilboa Court, for Carol Gogolinski and William Cogley to May 10, 2017 at 7:30 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Sign/Decision: Robert C. & Maribelle Hare, Allen G. Riley & Hunts Pond, LLC (DEF-160627), “The Lane at Hunt’s Pond”. This item is postponed. The applicant has given the Planning Board an extension for the decision.
2. Pyne Sand & Stone Company : One-year Extension for Earth Removal Special Permit, Lackey Dam Road, #ER-140129-1 (Area E). Signed.
3. Pyne Sand & Stone Company: Six-month Extension for Earth Removal Special Permit, Lackey Dam Road, #ER-140129-2 (Area F). Signed.
4. Minutes: March 28 and April 11, 2017.
Mr. Chesebrough made a motion to approve the March 28, 2017 and April 11, 2017 Planning Board meeting minutes as presented. Ms. Sharkey seconded the motion. Vote for March 28, 2017: Aye-6, Abstained-Mr. Zwicker. Vote for April 11, 2017: Unanimous.

OTHER BUSINESS:
Mr. Cundiff stated that he received an email from an abutter regarding a dust issue relating to phase 2 of Pyne Sand & Stone’s earth removal permit. This complaint has come before the Board before. A six-month extension had been granted to restore the site, because the applicant was in the middle of permitting the subdivision project and was hesitant about having to re-loam and re-seed.
The unstabilized, unvegetated soil is being blown onto abutters’ properties. Mr. Cundiff could not recall if he forwarded this complaint to Jim Pyne. It was the consensus of the Board for Mr. Cundiff to send the complaint to Jim Pyne, along with a copy of the permit that was issued outlining a plan for dust control. Mr. Cundiff will get a response from Mr. Pyne tomorrow and ask him if he wants to speak to Mr. Woodward directly or have Mr. Cundiff be a go-between. Mr. Cundiff will inform the Board of the result.
Jim Woodward, 19 Monroe Street asked for the date for finishing phase 2. Mr. Cundiff stated that it was in the fall and a six-month extension was granted. Mr. Cundiff will get a copy to Mr. Woodward tomorrow. Mr. Woodward stated that the Saturday before Easter, he could not keep his windows open because dust was coming into his house.
Jeremy Flansburg, 63 Monroe Street believes that phase 2 was supposed to be reclaimed by May 25, 2016. He feels that nothing has been done about the dust complaints.

Mr. Cundiff will be sending letters to the subdivisions regarding street sweeping in the spring. He has been encouraging Evergreen Estates to submit a bond estimate with lot release requests. He has not received any correspondence back from them.
The State’s project to improve Rte. 16 was discussed.
Mr. Marks thanked Mr. Chesebrough and Mr. Werme for their service on the Planning Board.

8:10 PM ADJOURNMENT:
Mr. Chesebrough made a motion to adjourn the Planning Board meeting at 8:10 PM. Mr. Werme seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 506
Joined: Thu Jan 12, 2012 8:56 pm

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