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HomeMy WebLinkAbout2013-06-04 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, June 4, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry, R. Rowen 1 Absent: 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:00pm. 5 6 BOND RELEASE 7 125 Flagship Drive: Request for the release of a $10,000 performance G bond. 8 J. Tymon: The bond is for a cell tower monopole. The installation required some stormwater 9 management and the project went before the Conservation Commission. A site visit has been 10 completed and an as-built has been received. A $10,000 Surety Bond has been posted for the 11 removal of the equipment/tower. 12 MOTION 13 A motion was made by M. Colantoni to approve the release of all cash bond funds for 125 14 Flagship Drive. The motion was seconded by D. Kellogg. The vote was 5-0 in favor. R. Rowen 15 did not vote. 16 17 POSTPONEMENTS 18 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 19 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 20 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 21 and Non-Disturbance Zone of the Watershed Protection District. 22 23 NEW PUBLIC HEARING, Adjacent to 1665 Great Pond Road: Application for a Watershed 24 Special Permit. Applicant seeks to construct a single family home with associated clearing, 25 grading, utilities, and stormwater maintenance features within the Non-Discharge and Non- 26 Disturbance Zone of Lake Cochichewick and the 100 foot buffer zone of an adjacent bordering 27 vegetated wetland resource within the Watershed Protection Overlay District in the Residential 1 28 (R-1) Zoning District. 29 30 PUBLIC HEARINGS 31 CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 38): Application for a 32 Watershed Special Permit. Applicant seeks to construct a single family dwelling with 33 appurtenances on a presently undeveloped, buildable lot. 34 J. Tymon: A revised Site Plan and a Landscape Plan have been received. There is some 35 landscaping within the 100’ Conservation Commission. This is still before the Conservation 36 Commission and a condition requiring their final approval could be put into the Decision. L. 37 Eggleston does not have any additional issues. 38 Phil Christiansen, Christiansen & Sergi, Inc.: Reviewed the latest changes to the Site Plan and 39 provided an overview of the Landscape Plan. The sewer and water lines now follow the 40 driveway in order to minimize the cutting. Additional stone has been added along the driveway 41 at the Board’s recommendation. 42 1 PLANNING BOARD Meeting Minutes Tuesday, June 4, 2013 Town Hall, 120 Main Street 7:00 PM J. Tymon: In working with the applicant and L. Eggleston we were able to accomplish 43 maintaining as much of a ‘no cut zone’ within the 100’ Conservation Zone as possible. 44 ABUTTERS: 45 John Desmond, 1775 Great Pond Road: Expressed strong opposition to building the proposed 46 home on the lower portion of the lot. Stated he would like the 100’ Conservation Zone strictly 47 maintained with absolutely no disturbance. Believes it is difficult to construct on the top of the 48 hill, but that it is possible. 49 J. Simons: There are substantial differences in the topographical features of this lot and 1775 50 Great Pond Road. The Town’s outside consultant has reviewed and scrutinized the proposal and 51 is satisfied it will not create a problem. Requested some science to back up the opinion that this 52 is going to create a problem. 53 J. Desmond: Stated the middle section of his lot is substantially steeper than any part of the 0 54 Great Pond Road lot. This lot was unbuildable until the sewer was brought in so this is not a 55 hardship. Whenever there is a wet spring the entire front of the lot looks like a swamp. The 56 water has been well over two feet deep over most of the front of the lot. The rules are to protect 57 the water supply. If the lot cannot be built on easily it should be regarded as unbuildable. 58 Otherwise you are going to end up polluting the Lake. Specifically, nitrogen or any other type of 59 fertilizers near the Lake creates an algae and an excess of it creates an algae bloom. That is 60 exactly how this Lake is going to die as the Town’s water supply. 61 P. Christiansen: This project went before the Board of Appeals and received a variance. The 62 middle of the lot is far steeper than his property. The front of the lot is relatively level and that is 63 where you will have the minimum disturbance to the land. Fertilizer types can be restricted 64 through a deed restriction. The limit of clearing will also be noted on the deed and additional 65 clearing will be prohibited. Reviewed the stormwater management plan proposed for the project. 66 If there was a lot of ponding at the lower end of the lot the vegetation would show that. It is all 67 upland soil in this area. There is no way four feet of water can pond on that lot. 68 J. Desmond: During the May storm that washed out the bridge there was four feet of water. 69 This is a wooded area with substantial water in the spring. There are large trees and scattered 70 growth. It is not a dry soil. Strongly objected to building this close to the water supply. 71 J. Simons: This biggest problem the Board has ever had has been building on a steep slope or 72 territory. The sheer number of feet away from the Lake does not measure safety. In addition, 73 this has been through a very elaborate process with the Town’s engineer to ensure that there is 74 not a problem. 75 R. Rowen: Stated that given the existing vegetation at the lower end of the lot he does not 76 believe two feet of water sits there for extended periods of time. 77 MOTION 78 A motion was made by R. Rowen to close the public hearing for 0 Great Pond Road. The 79 motion was seconded by D. Kellogg. The vote was unanimous. 80 MOTION 81 A motion was made by R. Rowen to approve the Watershed Special Permit for 0 Great Pond 82 Road as amended this evening. The motion was seconded by D. Kellogg. The vote was 83 unanimous. 84 85 2 PLANNING BOARD Meeting Minutes Tuesday, June 4, 2013 Town Hall, 120 Main Street 7:00 PM CONTINUED PUBLIC HEARING, 100 Dale Street: Application for a Watershed Special 86 Permit. The project consists of two (2) building lots. Structures on Lot 2 are to be demolished. 87 A single family home with associated clearing, grading, utilities and stormwater maintenance 88 features is proposed for Lot 1 and Lot 2. 89 J. Tymon: A separate wetlands map was presented to the Conservation Commission. They have 90 approved the wetland delineation. Jennifer Hughes, Conservation Administrator, requested 91 additional flags and she visited the site today and approved those flags. The 200’ Zone A was 92 added to the plans at L. Eggleston’s request. The proposed house location has been moved back 93 on the lot. The proposed driveway has been moved to the other side of the house to address the 94 concern that was expressed at the last meeting. L. Eggleston recommended confirmatory test 95 pits should be done and that can be made as a condition of the approval. L. Eggleston also 96 recommended the maintenance plan that is on the Plan also be made available to the homeowner 97 in document form. 98 Phil Christiansen, Christiansen & Sergi, Inc.: L. Eggleston also wanted the water and sewer 99 lines to follow the path of the driveways. They are currently proposed to be a straight line to the 100 houses. Straight lines are preferable in either line ever requires maintenance. They are proposed 101 to be run in a straight line in the cleared area where the front lawns will be. Provided a review of 102 the wetland locations and distances on the plans and the stromwater management plan. 103 J. Tymon: L. Eggleston has not received a copy of the revised paper plan yet. She will need to 104 do a final review. 105 R. Rowen: Expressed he did not believe the Board of Appeals should have granted a variance, 106 but they did and it was not appealed. The changes made since the last meeting are a step in the 107 right direction to address the major issues that were raised at the last meeting. 108 ABUTTERS: 109 Dinelle Bere, 40 Berrington Place: Provided and aerial photograph of the site which included the 110 location of her home. Stated she appreciated the house being moved back in the lot; however, it 111 is still closer to her home than to proposed new home on Lot 1. Requested the house be moved 112 further. The house is placed at the convenience of the builder and for his profitability. 113 R. Rowen: We are still dealing with the fact that there are two lots, but if it were one lot still he 114 would have every right to put his home there. 115 D. Bere: Referenced an email she sent to the Board stating the Planning Board’s philosophy. 116 J. Simons: We have to follow the law. This is before us for a very specific permit, a Watershed 117 Special Permit. This is a permit for a very specific purpose. Some broader issues have been 118 brought in to reflect feedback but the intent of this is not to deal with every possible contingency 119 of having a house next to you. This has to do with a Watershed Special Permit and the Board 120 cannot go broader than that. There is no jurisdiction that is legally broader than that. The Board 121 do not have jurisdiction of where the home is placed on the property other than the context of the 122 Watershed Special Permit. 123 J. Simons: We will continue this over until the next meeting and will likely close and vote at that 124 meeting. 125 126 DISCUSSION 127 316 Great Pond Road: Watershed Special Permit waiver request. 128 3 PLANNING BOARD Meeting Minutes Tuesday, June 4, 2013 Town Hall, 120 Main Street 7:00 PM J. Tymon: There are several dead trees and/or limbs on the property that the homeowner would 129 like to remove. He would also like to do some re-grading in the backyard. The trees are within 130 100’ of a wetland and therefor this is re-vegetation and grading within the Non-Disturb Zone. 131 Bill Karras, Homeowner 316 Great Pond Road: J. Tymon and H. Gaffney have visited the site. 132 Showed pictures of four dead trees. The stumps will not be removed. Conservation has 133 confirmed that they are dead. 134 J. Tymon: The Conservation Commission is going to review this project. This is a request for a 135 waiver of a Watershed Special Permit. 136 J. Tymon: Cutting the trees can probably be waived; however, substantial re-grading would 137 require a more detailed plan that can be reviewed. 138 MOTION 139 A motion was made by R. Rowen to waive the Watershed Special Permit for the purpose of the 140 tree cutting only. The motion was seconded by L. Rudnicki. The vote was unanimous. 141 142 : MEETING MINUTES Approval of May 7 and May 20, 2013 meeting minutes. 143 MOTION 144 A motion was made by L. Rudnicki to approve the May 7, 2013 meeting minutes as amended. 145 The motion was seconded by L. McSherry. The vote was unanimous. 146 MOTION 147 A motion was made by L. Rudnicki to approve the May 20, 2013 meeting minutes as amended. 148 The motion was seconded by D. Kellogg. The vote was unanimous. 149 150 ADJOURNMENT 151 MOTION : 152 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by R. 153 Rowen. The vote was unanimous. 154 155 The meeting adjourned at 8:15 pm. 156 157 MEETING MATERIALS: Agenda, 0 Great Pond Road: Draft Decision, Site Plan of Land Great 158 Pond Road dated May 30, 2013, Special Permit Plan dated May 30, 2013, Watershed Special 159 Permit Site Plan Details dated May 30, 2013, 100 Dale Street: Site Development Plan for 160 Watershed Special Permit dated June 3, 2013,Wetland Location and Soil Types Watershed 161 Special Permit dated June 3, 2013, Stormwater Review Letter from Eggleston Environmental 162 dated May 7, 2013, aerial view of existing home and Bere home, email from Dinelle Bere dated 163 June 2, 2013 sent to the Planning Board, 1665 Great Pond Road: email dated 5/30/ 2013 164 requesting a continuance, 316 Great Pond Road: Letter from Bill Karras to Judith Tymon dated 165 June 4, 2013, pictures of tress on the property identified as tree #1 through tree #6, 16 pictures of 166 the property, 5/7/2013 and 5/20/2013 draft meeting minutes. 167 4