May 10, 2017 Planning Board meeting

May 10, 2017 Planning Board meeting

Postby Mary Wright » Sun Jun 11, 2017 5:20 pm

PLANNING BOARD MEETING MINUTES
WEDNESDAY, MAY 10, 2017

A meeting of the Planning Board was held on Wednesday, May 10, 2017 Mr. Marks called the meeting to order at 7:02 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chairman), Ken Ballou, Michael Greco, Tracy Sharkey (Vice Chairperson), Les Stevens, Michael Zwicker
ABSENT: Aaron Socrat
NON-VOTING: William Cundiff (Town Engineer)

7:02 PM REORGANIZATION
Mr. Zwicker made a motion to nominate Ernest Marks as Chairman and Tracy Sharkey as Vice Chairperson of the Planning Board. Mr. Greco seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to nominate Les Stevens as Central Mass. Regional Planning Commission (CMRPC) representative. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:04 PM PUBLIC HEARING: GILBOA PROPERTIES, LLC (SPR-170419), Application for Site Plan Review, 120 Gilboa Street.
Mr. Marks opened the public hearing. Peter DeCaro, Tim St. Germain, Mike DeCaro and Atty. Adam Fine joined the meeting. Mr. Peter DeCaro stated that they have received a letter of non-opposition from the Board of Selectmen (BOS) and a Certificate of Registration from the State, and they are in the process of having their architectural reviews reviewed by the Dept. of Public Health. The second floor space of 120 Gilboa Street is currently unoccupied.
Mr. Cundiff will review the application and have a detailed review for the next meeting. He will send his comments to Mr. St. Germain.
Ms. Sharkey asked if the applicant has operated a facility like this before in Massachusetts. Mr. Peter DeCaro answered that they have not. The facility is private and secure and will be cultivating and producing medicine and then transporting it to Worcester for dispensing. The operation is overseen by the Dept. of Public Health.
Atty. Fine stated that there are eleven dispensaries open throughout Massachusetts. He stated that he is not aware of any problems in communities. The facilities are tightly regulated. Growing facilities are currently located in Milford, Franklin, Holliston, Fitchburg, Ayer, and Georgetown. Massachusetts is approaching 40,000 marijuana patients.
Mr. Cundiff asked to see the plan for the overview of the facility, traffic flow, parking, etc. Mr. Cundiff asked whether or not a solar facility on the property should be included as part of the application. Mike DeCaro answered that the solar facility is a co-generation plant.
Mr. St. Germain presented the plan. The site has 60 acres of property. The cultivation facility would be located on the second floor in the southwest corner of the building, using approximately 40,000 sq. ft. The existing driveway on the west would be used for deliveries. There is a housed loading dock on the west side. There is an existing parking lot with 100 marked spaces. There would be 20-30 employees 8:00 AM – 5:00 PM. Nothing on the outside of the building would change. The windows would be blacked out. The growing units would be in contained rooms. Waste would be highly regulated, tracked and secured within the building until it is transported for incineration.
Ms. Sharkey asked how would the auto body shop, which is open to the public, be secured from the cultivation facility. Mr. St. Germain stated that access to the facilities inside the building would be carded and there would be video surveillance. There will be only one entrance from the outside of the building. The security system would be tied into the Worcester Police Dept.
Mr. Cundiff stated that Town Counsel has confirmed that the applicant is Gilboa Properties and not Medicinal Alternatives. Because of this, two questions need to be answered: (1) does Gilboa Properties have the authority, under the license agreement with the State, to act as applicant for this application, and (2) does Gilboa Properties want the liability associated with this operation as opposed to Medicinal Alternatives. Mr. Peter DeCaro answered that ‘he pays for it.’ Medicinal Alternatives is a nonprofit and will lease the space that Gilboa Property will build.
Scott Duncan, 106-108 Gilboa Street stated that there is more than one access in and out of the property, and the facility will be a huge security risk for the applicant and for himself. He reminded the public that Rhode Island is very close by and has not legalized marijuana. He feels that there will be nuisance smells coming from the facility. There is nothing on the market that will take out the odor 100%. He does not feel that the building is well maintained. Mr. Duncan stated that the parking lot of that property is already full and would not be able to contain another 20-30 cars.
Al Bressan, 100 Gilboa Street is worried about the traffic. He currently has difficulty exiting his driveway. He is concerned about truck parking and hours of deliveries. He is also concerned about the safety risk and the extra burden to the police department.
Ms. Sharkey made a motion to continue the public hearing, Gilboa Properties, LLC (SPR-170419), Application for Site Plan Review, 120 Gilboa Street to May 23, 2017 at 7:00 PM. Mr. Ballou seconded the motion. Vote: Unanimous.

7:40 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.

7:40 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.
Bruce Williams of Guerriere and Halnon joined the meeting. Mr. Stevens left the meeting. Mr. Williams stated that revised plans, a stormwater report and response letters to the comments received to date have been submitted. Mr. Cundiff stated that his technical review on the subdivision plan is complete, however he still needs to review the stormwater portion and earth removal bylaw review.
Mr. Williams asked for the Board to consider the revised list of seven waivers dated April 4. The first waiver regards the submittal of an expanded narrative for the subdivision and relates to section 4.2.2 #1D. Mr. Williams stated that, during the subdivision process, a narrative was submitted and another submitted with the definitive application. He is asking the Board to accept the narratives that have already been submitted.
Mr. Cundiff stated that some required narratives regarding impacts were omitted from the applicant’s narratives. Mr. Williams disagreed. Mr. Cundiff feels it is important that the Board have a record of the impacts. A discussion was held. The Board was not in favor of granting this waiver.
The second waiver request related to the need for subgrades and the requirement that boring testing be done every 100’ along the center line of the road to determine groundwater levels. Mr. Williams stated that there are numerous monitoring wells around the property and there has been no instance of ledge. Mr. Cundiff stated that the Board customarily requires under drains to be installed in lieu of this specific testing. The plans do not show any under drains. Mr. Cundiff would not support this waiver request unless they show under drains throughout the project. A discussion was held. The Board was in agreement with Mr. Cundiff.
The third waiver request related to the extension of the street as an easement to the adjacent property (48 Davis). Mr. Cundiff did not feel that it would be in the Town’s best interest to grant this waiver. He is not opposed to an easement. Mr. Williams replied that straddling an easement between the two lots in the back would not align with the street and would have a negative impact on lot #16. Mr. Cundiff suggested a t-type intersection. In Mr. Cundiff’s opinion, the purpose of the regulation, and therefore the projection, is for interconnectivity. A discussion was held. It was the consensus of the Board that an easement is preferred over granting the waiver. The easement could be placed along with the water line easement and labeled as a water line/projected easement. Mr. Williams agreed.
Mr. Stevens rejoined the meeting at 8:07.
The fourth waiver request related to the street width. The applicant is proposing a street 58’ wide in lieu of 60’ wide. The Board had no objection
The fifth waiver related to the length of the dead end. The applicant is proposing 1378’ in lieu of 1000’. The Board had no objection.
The sixth waiver is for sidewalks. The applicant is asking for one 5’ sidewalk on one side of the street where the mailboxes are in lieu of two 5’ sidewalks on each side of the street. The Board had no objection.
The seventh waiver is for tree plantings within the street right-of-way. The Board was in agreement to waive the requirement to plant trees.
The Board asked for a revised Waiver Request sheet.
Mr. Cundiff asked if there is a variance for the Fitzpatrick property. The house is within the front yard setback on Davis Street. If there is not a variance, it needs to be clearly labeled on the plan that it is pre-existing, nonconforming. Once the property lines for that lot are adjusted, it loses its pre-existing, nonconforming status. Also, the gazebo in the back of the property is within the setback of one of the proposed lot lines.
Magen Michalik, 48 Davis Street asked why the waiver to extend the end of the dead end street is being allowed. Mr. Marks stated that the 1000’ length for dead ends is in place so that the Planning Board can control how subdivisions are built.
Jeremy Flansburg, 63Monroe Street asked if the 100’ buffer zone is being maintained. Mr. Marks replied in the affirmative.
Ms. Sharkey 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 23, 2017 at 7:30 PM. Mr. Greco seconded the motion. Vote: Unanimous.

8:36 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF 170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Paul Hutnak of Andrews Survey and Engineering joined the meeting. As part of the process with Conservation, the wetlands line has had area added to it. The roadway and swale system have not changed. All the homes on Gilboa Court will be single-family.
Regarding the width of Gilboa Court, they are proposing to make the entire length of the roadway 16’ wide. Mr. Marks visited the site with the Highway Dept. Superintendent, John Furno. Mr. Furno will be submitting a letter stating that 16’ width is adequate. A discussion was held, including right-of-way width and paved width.
Felix in the audience asked for a speed limit sign on Gilboa Court. This request would need to go through the Police Chief.
Ms. Sharkey 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 23, 2017 at 8:00 PM. Mr. Zwicker 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, Inc.: Request for an Extension for Earth Removal Special Permit, 34 Davis Street, 439 Northeast Main Street (ER-150421). Mr. Cundiff stated that the Earth Removal Special Permit expires at the end of this month. The applicant met the grades and the permits some time ago, and the site has not been restored because it may be dug up again if the subdivision is approved. The applicant has requested an extension to December 31, 2017. Mr. Cundiff replied that he received the extension and the mitigation plan.
Regarding the dust complaints from abutters, a meeting was held with Mr. Cundiff, Mr. Marks, Mr. Pyne, a selectman, and the abutters, and a mitigation plan was proposed. The abutters will contact Mr. Cundiff if there is an ongoing problem with dust. Everyone at the meeting seemed agreeable with the approach.
Ms. Sharkey made a motion to grant the extension for Phase II Earth Removal Special Permit, JMT Sleepy Hollow, 34 Davis Street, 439 Northeast Main Street (ER-150421) to December 31, 2017. Mr. Zwicker seconded the motion. Vote: Unanimous.
Jim Pyne asked for a timeline for a response from Mr. Cundiff or a consultant engineer once an application is submitted to allow for time to address the comments before they come before the Board. Mr. Cundiff is sensitive to the request, and he will do what he can with his limited resources.
3. Pyne Sand & Stone Company, Inc.: 34 Davis Street, 439 Northeast Main Street, Mitigation Plan. See discussion under #2 above.
4. Upton Site Remediation, LLC, 466 Northeast Main Street (SPR-130819): Request for Release of Surety. Mr. Cundiff stated that this was a soil fill project. There was a shortage of soil fill, and therefore they are shy on the grades shown on the plan. He does not believe the site has been loamed and seeded. The applicant is looking for their surety to be returned. Mr. Cundiff will visit the site, take photos and report back to the Board with his opinion.
5. Fidelity Financial, Inc., “Shady Knoll Estates II”, Request for Release of Review Inspection Fees. This project has been accepted as a public way, and they are requesting the release of the fees. It was the consensus of the Board to release the fees.
6. Voucher.
7. Minutes: April 25, 2017.
Mr. Ballou made a motion to approve the April 25, 2017 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote: Aye-5, Mr. Stevens abstained.

OTHER BUSINESS:
Mr. Cundiff stated that a letter was received today from a Mr. Bernetti. He would like input from the Board as to whether or not a reserved strip of land off Brookside Drive is a remnant of the requirement of a projection from the roadway. Mr. Bernetti would like to know if the parcel was left so that the road could be projected in the future. A discussion was held. Mr. Cundiff will ask for Town Counsel’s opinion and present at the next meeting.
Mr. Cundiff will be sending letters out to all the subdivisions asking for their status.

9:15 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:15 PM. Mr. Greco seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 498
Joined: Thu Jan 12, 2012 8:56 pm

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