September 12, 207 Planning Board meeting

September 12, 207 Planning Board meeting

Postby Mary Wright » Wed Oct 18, 2017 4:09 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, SEPTEMBER 12, 2017

A meeting of the Planning Board was held on Tuesday, September 12, 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), Aaron Socrat, Les Stevens, Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer)

7:02 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF-170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Mr. Marks stated that the applicant has asked for a continuance.
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 September 26, 2017 at 7:15 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:15 PM PUBLIC HEARING RE-OPENING: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK (ER-170809), Application for an Earth Removal Special Permit (Phase 3), 439 Northeast Main Street and 34 & 36 Davis Street.
Mr. Marks re-opened the public hearing. Bruce Williams of Guerriere and Halnon joined the meeting. He stated that since the last public hearing was closed, additional information has been submitted to the Town in the form of letters of support from the Board of Selectmen and a Northwest Main Street abutter. The plans submitted this evening are the same plans that were submitted previously. All of Mr. Cundiff’s comments were previously addressed. Taxes have been paid on the property.
Mr. Williams gave a general overview of the project. Mr. Socrat is concerned about the severe slopes. Mr. Cundiff stated that the bylaw for earth removal does allow slopes of 2:1. He encourages applicants to use more rigorous slope stability methods, such as rip rap. The angle of repose would be typical of a sand side slope. The loam may wash off, but the sand will probably stay. Mr. Williams stated that these slopes are temporary until the houses are built.
Jim Woodward of 19 Monroe Street is concerned about the infiltration of the fine sand and dust from the earth removal. He asked if there was a dust control plan in place. Jim Pyne stated that the issue is constantly under discussion. Mr. Williams replied that a dust control plan is included in the earth removal and subdivision plans.
Mr. Stevens made a motion to close the public hearing for JMT Sleepy Hollow, LLC and James T. Fitzpatrick (ER-170809), Application for an Earth Removal Special Permit (Phase 3), 439 Northeast Main Street and 34 & 36 Davis Street. Ms. Sharkey seconded the motion. Vote: Unanimous.
Mr. Stevens made a motion to approve the Earth Removal Special Permit (Phase 3) for JMT Sleepy Hollow, LLC and James T. Fitzpatrick (ER-170809), 439 Northeast Main Street and 34 & 36 Davis Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Cundiff will draft a decision for the next meeting.
Mr. Cundiff reviewed the waivers, which have not changed from the previous approval.
Ms. Sharkey made a motion to grant the waivers as read by Mr. Cundiff for an Earth Removal Special Permit (Phase 3) for JMT Sleepy Hollow, LLC and James T. Fitzpatrick (ER-170809), 439 Northeast Main Street and 34 & 36 Davis Street. Mr. Zwicker seconded the motion. Vote: Aye-6, Mr. Socrat abstained.

7:37 PM PUBLIC HEARING: ALLEN G. RILEY & HUNTS POND, LLC (DEF-170720), Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street & 229 Main Street.
Ms. Sharkey made a motion to continue the public hearing for Allen G. Riley and Hunts Pond, LLC (DEF-170720), Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street and 229 Main Street to September 12, 2017 at 8:00 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:38 PM ANR PLAN: JAMES BEANE & RAYMOND McCALLUM (#2017-13), 133 Chestnut Street & 76 Walnut Street.
Mike Yerka of Civil Site Engineering joined the meeting. The applicants would like to divide a one-acre parcel out of Mr. McCallum’s 21-acre parcel and attach it to Mr. Beane’s property. No lots are being created.
Ms. Sharkey made a motion to endorse the ANR plan for James Beane and Raymond McCallum (#2017-13), 133 Chestnut Street and 76 Walnut Street. Mr. Socrat seconded the motion. Vote: Unanimous

7:45 PM PUBLIC HEARING: TIMOTHY DENOMME (AA-170810), Application for an Accessory Apartment Special Permit, 16 Franklin Street.
Mr. Marks opened the public hearing. Mr. Denomme joined the meeting and stated that he would like to build an 864 sq. ft. detached two car garage with a one bedroom apartment for his in-laws. It would be located 50 feet from his three-car garage. There will be a shared driveway and a total of five garage bays. The Board reviewed the plot plan. Taxes have been paid.
Ms. Sharkey made a motion to close the public hearing and grant the Application for an Accessory Apartment Special Permit (AA-170810) for Timothy Denomme, 16 Franklin Street. Mr. Zwicker seconded the motion. Vote: Aye-6, Mr. Stevens abstained.
Mr. Cundiff will draft a decision with the standard conditions.

7:49 PM ANR PLAN: JMT SLEEPY HOLLOW, LLC & JAMES T. FITZPATRICK, II (#2017-12): 439 Northeast Main Street & 36 Davis Street.
Bruce Williams of Guerriere and Halnon joined the meeting. Mr. Cundiff stated that ANR plan is associated with the subdivision plan that was recently approved for the same project. This ANR plan shows interior boundary lines, meets and bounds. Because there are multiple property owners, descriptions of what gets conveyed where are included. The plan meets all requirements.
Ms. Sharkey made a motion to endorse the ANR plan for JMT Sleepy Hollow, LLC & James T. Fitzpatrick, II (#2017-12), 439 Northeast Main Street and 36 Davis Street. Mr. Zwicker seconded the motion. Vote: Unanimous.

7:53 PM ANR PLAN: HAYWARD HOMES, LLC (#2017-14), 44 Riedell Road.
Travis Brown of Andrews Survey and Engineering joined the meeting. He stated that map 171, parcel 12 is partially in the VR and RA zoning districts. There are two existing dwellings on this parcel. The intent is to cut out two lots. Mr. Cundiff stated that section 2.4.4 states that if the less restricted zone is in the front, it may extend 50 feet into the more restricted zone. Mr. Cundiff cautioned that Planning Board endorsement of the plan does not mean that the plan conforms to the current zoning requirements. A discussion was held, including setbacks and whether the existing dwellings are residential in nature. The lot as it is, does not have sufficient stopping site distance.
It was decided to place this item on the next meeting’s agenda.

8:08 PM PUBLIC HEARING CONTINUED: ALLEN G. RILEY & HUNTS POND, LLC (DEF-170720), Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street & 229 Main Street.
Ms. Sharkey recused herself. Atty. Rob Knapik joined the meeting. He gave the background on the decision. In order for the garage to meet the front setback requirement of 50’ to the lane, they decided to leave a 10’-12’ strip of land to be included with Parcel A as an intervening parcel between Lot 1 and the lane. By definition, that parcel would be a side yard, and the garage would only need to meet the side setback of 15’. The primary access for Lot 1 is from Main Street, and it was never the intention to provide access to the garage from the lane.
Mr. Cundiff’s position is that that the two parties should come to an agreement between themselves. From an engineering perspective, Mr. Cundiff is not sure if the alignment meets highway safety standards. Atty. Knapik stated that the strip width can be reduced so that the original layout and design of the paved road could be in the exact same location that the Board was previously going to approve.
Mr. Cundiff suggested that the applicant offer an easement across the strip.
Christopher Bilodeau of 175 Main Street is concerned that his current driveway is 15’ from the lane. He was told by the developer that the garage would have access from the lane. He does not believe anything he is being told and his family is affected. He has reached out to Mr. Riley and has been unable to work with him.
A discussion was held regarding the width of the right-of-way. Mr. Cundiff asked if the applicant is willing to ensure access from the lane to the Bilodeau’s property for their current horseshoe driveway and the new driveway that’s been paved, along with access to the garage. Atty. Knapik replied that there will not be direct access from the garage to the lane. He said that this information was disclosed to the abutter in writing and that the applicant would construct a parking area. Mr. Bilodeau is concerned about having access from the lane to the horseshoe driveway. He is mainly concerned that a driveway was installed 15.6’ from the current lane, which is not something he agreed to.
Atty. Knapik stated that the plans will be revised to show the strip and the road in the position that the Board was previously going to approve.
Mr. Zwicker made a motion to continue the public hearing for Allen G. Riley and Hunts Pond, LLC (DEF-170720), Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street and 229 Main Street to September 26, 2017 at 7:45 PM. Mr. Greco seconded the motion. Vote: Aye-5, Ms. Sharkey and Mr. Stevens abstained.
Ms. Sharkey rejoined the meeting.

DISCUSSION:
1. Received a letter from Gilboa Properties dated 8/30/17: Request to install a fence along the property line. Mr. Cundiff stated that Gilboa Properties is requesting a determination from the Planning Board that the addition of a fence is a minor modification to the site plan review permit that was approved. They did not state what type of fence they wish to install. Mr. Cundiff presented the map. A discussion was held.
Scott Duncan of 106-108 Gilboa Street stated that the last time a fence was proposed, it was to be a barbed wire fence.
It was the consensus of the Board that there is not enough information to make a determination.
Mr. Duncan stated that after he complained about trucks parking next to his residence, the guard shack’s light came back on and is again shining into his property. Mr. Cundiff will talk to the applicant about the issue.
2. Town Counsel: Marijuana Law Updates. For information only.
3. Deer Crossing/Woodland Road: Updates. Mr. Cundiff received a complaint from a resident of Woodland Drive regarding the condition and quality of the pavement. The resident also complained that when the developer plows the road, it is done as a narrow strip. Mr. Cundiff has been communicating with the developer since last fall regarding doing the finish paving. The Town does have surety to do the paving. Mr. Cundiff will write a letter to the developer reminding him that the Town does have cash passbook to get the work done and that complaints have been received.
4. Proposed Change to Zoning Bylaws: Appendix A/Drive-Through or Drive-Up Window. The Board reviewed the draft. Mr. Cundiff will advertise for the next meeting.
5. Vote: Letter to Upton Site Remediation. Mr. Zwicker made a motion to authorize Mr. Cundiff to send a letter from the Town of Douglas to Upton Site Remediation concerning unsatisfactory work complications and indicating that the Town may access their tripartite agreement to satisfy the requirements. Ms. Sharkey seconded the motion. Vote: Unanimous.
6. DHCD: Home Ownership Projects under Local Initiative Program (LIP) Comprehensive Permit. For information only.
7. CMPRPC: CMMPO Selection Meeting Announcement Southeast Sub-region.
8. ZBA Application: Real Life Realty, Maple Street (Variance #2017-05). Mr. Socrat stated that a reduced frontage lot is not allowed in an industrial zone. Mr. Cundiff stated that this property was up for rezoning at Town Meeting and was rejected.
9. ZBA Application: David Branagan, 215 South Street (Variance #2017-06). This is for construction after a catastrophe. Ms. Sharkey stated that a mobile home was removed over seven years ago. The rule is that it needs to be replaced after three years. There is no hardship. The Planning Board had no objection.
10. Vouchers. Mr. Cundiff gave an overview of the vouchers. They are trying to close out a number of projects. He proposed that the Board vote and adopt a policy to consolidate the review fees by project instead of by permit for a project with multiple permits. Admin fees will stay as they are. The Board was in agreement.
Mr. Zwicker made a motion to authorize Mr. Cundiff to move forward with drafting a policy to consolidate projects that have multiple Planning Board permit review accounts. Mr. Greco seconded the motion. Vote: Unanimous.
11. Schultzberg/Furno, 49 Southeast Main Street: Sign Mylars. Edits have been made to the plans. Mr. Cundiff has reviewed the mylars. The No-Build Covenant is good to sign.
12. Sleepy Hollow Subdivision, Northeast Main & Davis Streets: Sign Mylars. This has been withdrawn.
13. Various Road Acceptances. Mr. Cundiff will follow up with Darling Way and Stonewall Court. They may have to wait until Town Meeting because they are paved roads.
There are a number of odd strips of land that have been reserved as part of subdivision projects. Mr. Cundiff needs to solicit pricing from engineering companies. He is targeting to get these various pieces on the Fall Town Meeting to be taken by eminent domain or otherwise.
Mr. Cundiff will create a list of subdivisions that are not complete, but somewhat active.
14. Minutes: August 8, 2017.
Mr. Greco made a motion to approve the August 8, 2017 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote: Unanimous.

9:35 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:35 PM. Mr. Stevens seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary

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

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