September 11, 2018 Planning Board meeting

September 11, 2018 Planning Board meeting

Postby Mary Wright » Thu Oct 11, 2018 3:26 pm


A meeting of the Planning Board was held on Tuesday, September 11, 2018. 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), Ken Ballou, Michael Greco, Tracy Sharkey (Vice Chairperson-left 9:20 PM), Aaron Socrat, Michael Zwicker
ABSENT: Les Stevens (Unexcused)
NON-VOTING: William Cundiff (Town Engineer)

7:04 PM PUBLIC HEARING CONTINUED: (AQ, SPR, SP-180619) NEW ENGLAND REALTY VENTURES, LLC, Applications for an Aquifer Protection Special Permit, Site Plan Review Permit and a Special Permit, 74 Main Street.
Mr. Marks stated that the applicant has asked for a continuance. Mr. Cundiff read the request.
Ms. Sharkey made a motion to continue the public hearing for (AQ, SPR, SP-180619) New England Realty Ventures, LLC, 74 Main Street to September 25, 2018 at 7:00 PM. Mr. Greco seconded the motion. Vote: Aye-6.

Fire Chief Kent Vinson joined the meeting. He stated that in Douglas, 70% of homes are outside of the hydrant district. It is labor intensive to set up portable tanks on the fire engines. Chief Vinson feels it would be important to create regulations as to where to require cisterns in Town. The goal is not to restrict the profitability of developers, but to be sure there is enough water to put out a fire.
The National Fire Protection Association sets the standards. Once a developer goes beyond the requirements for street length (1000 feet), a cistern regulation could be triggered. A discussion was held.
The general consensus of the Board was to move forward with developing cistern regulations. Mr. Cundiff with work with Chief Vinson to develop a draft.

8:18 PM ANR PLAN: CHRISTOPHER & KIMBERLY ANNESE (#2018-19) 7 Mount Daniels Way.
Bruce Fitzpatrick of Bertin Engineering joined the meeting. The Anneses originally bought lot 1, then bought lot 2. They wanted to build near the property line, so the lots were combined to make one lot. The Anneses now have changed their minds. Lot 1 is developed; lot 2 is not.
Ms. Sharkey made a motion to endorse the ANR plan (#2018-19) for Christopher and Kimberly Annese, 7 Mount Daniels Way. Mr. Zwicker seconded the motion. Vote: Aye-6.

8:24 PM PUBLIC HEARING CONTINUED: JOHN E. & CHERYL A. COSMA, MILLICENT & CAROLYN COSMA/THE COSMA REALTY TRUST, Application for a Residential Compound, Definitive Subdivision Plan, 202 & 206 Maple Street.
Travis Brown of Andrews Survey and Engineering joined the meeting for a proposed residential compound of three lots. Since the last meeting, the plan has been revised to address Mr. Cundiff’s comments. The applicant is asking for a reduction in the fee from $3,630 to $2,950. This fee would go into a 53g account.
The new road will be about 680 ft. long. Mr. Brown presented a revised waiver request list, including waivers for the reduction of the fee and vegetation along the abutting line.
A gravel driveway for a single-family house exists, not a subdivision road. There will be a 20’ x 40’ staging area of recycled asphalt. A discussion was held regarding the apron. Mr. Cundiff does not support the waiver for 4.3.7(a). He feels the amount of runoff is negligible.
Neither Mr. Brown nor Mr. Cundiff have received anything from the abutter regarding the 30’ of buffer. Ms. Sharkey asked Mr. Brown for something in writing.
Regarding lot 1, Mr. Cundiff asked if the gravel drive shown on the plan is limited by the regulation that requires at least a 100’ wide buffer of indigenous vegetation separating structures from any adjacent way. Language is needed for the deed restricting that lot so that no vegetation will be removed and a no-disturb buffer is maintained. Mr. Cundiff suggested conditioning the decision to have the applicant’s attorney draft something for Town Counsel to review.
Mr. Socrat made a motion to deny the waiver request for section 4.3.7(a) and the applicant shall stand by the regulations. Ms. Sharkey seconded the motion. Vote: Aye-6.
Mr. Socrat made a motion to grant the waiver request for section 4.3.7 with the conditions of no trees to be removed between stations 0 and 4 and on the east side of the driveway, and the only expansion of the width of the driveway will occur on the west side. Ms. Sharkey seconded the motion. Vote: Aye-6.
Ms. Sharkey made a motion to grant the waiver request for Town of Douglas Definitive Subdivision Plan Application Fee worksheet and reducing the amount from $3.50/linear feet of roadway to $2.50/linear feet of roadway. Mr. Zwicker seconded the motion. Vote: Aye-6.
Town Counsel has approved the Homeowners Association Covenant form.
Ms. Sharkey made a motion to close the public hearing for Application for a Residential Compound, Definitive Subdivision Plan, 202 and 206 Maple Street, John E. and Cheryl A. Cosma, Millicent and Carolyn Cosma, The Cosma Realty Trust. Mr. Greco seconded the motion. Vote: Aye-6.
Ms. Sharkey made a motion to approve the Residential Compound, Definitive Subdivision Plan, 202 and 206 Maple Street, John E. and Cheryl A. Cosma, Millicent and Carolyn Cosma, The Cosma Realty Trust, with the conditions as previously discussed. Mr. Zwicker seconded the motion. Vote: Aye-6.

1. Orbison Corp., 56 Yew Street: Proposed Flexible Development, Affordability Requirements. Mike Labbe of Allen Engineering and Dan Heney joined the meeting. Mr. Labbe presented two plans. Plan A is a conventional subdivision with a waiver for road length. The new road is 1000 feet with 6 lots. Plan B is a flexible development with a base of 6 lots and 57% open space (14.5 acres) with a parking area for 4-5 cars for people using the Mass Rail Trail. Mr. Cundiff suggested the parking area come off of Yew Street. Mr. Heney agreed. Mr. Heney would like to ask for a waiver for the affordable unit. A discussion was held.
2. Orbison Corp., Summerlyn Estates, Wildflower Drive, 2018 Final Detailed Schedule. Mr. Cundiff presented a letter and Dan Heney’s email response. If Mr. Heney’s intent is to have the road accepted as a public road at the November Town Meeting, he needs to submit a written request to the Board of Selectmen prior to October 1, 2018. Mr. Heney does not feel that that date is realistic. He will come back to the Board with a status report in March, 2019.
3. CMRPC Scope for Zoning/Map Amendments: Conflicting Zones. Trish Settles joined the meeting ant stated that Ron Baron is waiting for feedback from the Town in order to finalize. A discussion was held.
4. Proposed Zoning/Map Amendments for Lakeside Residential. Mr. Cundiff presented an email. Trish Settles of CMRPC joined the meeting. She feels something could be ready for the spring Town Meeting. Ms. Settles feels that the fee could be covered under District Local Technical Assistance if other communities can be rolled into this. The proposed concept is town-wide and proposes that frontage on a body of water could be considered as frontage for building purposes. Ms. Settles is hoping to issue the RFP in November.
5. Subdivision Regulations. There was no discussion.
6. Newspaper Fees. Mr. Cundiff presented a chart.
7. Request for One-Year Earth Removal Permit Extension: JMT Sleepy Hollow, Northeast Main Street (ER-170809). Mr. Cundiff stated that most of the earth has been removed from the site, however it has not been 100% removed. Jim Pyne informally asked for a one-year extension to remove the balance of the fill. Mr. Cundiff has asked Town Counsel for input and Atty. Jay Talerman feels a more formal process should be followed. Technically, there should be another public hearing in order to grant the extension. Mr. Pyne submitted a letter and a plan.
Mr. Cundiff stated that there have not been any complaints for some time regarding the operation. Jeremy Flansburg, 63 Monroe Street stated that there have been complaints from a conservation perspective regarding sediment going into a cold water fishery. Ms. Sharkey, who is also a member of the Conservation Commission, said there was an initial complaint about five months ago. Mr. Cundiff feels the applicant responded promptly to an erosion issue.
Mr. Flansburg is disappointed with the Board. The whole of Monroe Street has been disturbed. He feels the Board does not listen. He feels more material is brought in than is brought out. He feels that all the trees are being cut within the 100’ buffer zone. Mr. Cundiff stated that the applicant’s plan did not show tree cutting, however the Planning Board’s decision did not limit that activity. Mr. Flansburg asked for closure.
Mr. Zwicker made a motion to grant a one-year extension for Earth Removal Special Permit, JMT Sleepy Hollow, Northeast Main Street (ER-170809). Mr. Greco seconded the motion. Vote: Aye-6.
8. ZBA Application: Eugene L. Guilmain, 1 & 3 Reid Road (#2018-14). Mr. Zwicker stated that the property is a double lot with an existing house. The applicants would like to build a garage on their property. The Board had no objection to the application.
9. Sign Voucher – Lenard Engineering.
10. Minutes: August 14, 2018
Mr. Greco made a motion to approve the August 14, 2018 Planning Board meeting minutes as amended. Mr. Socrat seconded the motion. Vote: Aye-5, Mr. Ballou abstained.

Mr. Cundiff distributed a map from CMRPC with properties that straddle two zoning districts highlighted. Mr. Cundiff asked the Board to email their feedback to him.
Mr. Cundiff stated that, if the Board of Selectmen adopt some general bylaws regarding marijuana facilities and sales, the Planning Board may need to remove the section of the bylaw regarding the moratorium. A discussion was held.

Mr. Zwicker made a motion to adjourn the Planning Board meeting at 9:40 PM. Mr. Ballou seconded the motion. Vote: Aye-6.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 556
Joined: Thu Jan 12, 2012 8:56 pm

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