HomeMy WebLinkAboutMinutes - PB - 11/12/2014 Planning Board Meeting APPROVED MINUTES 1 of 4
November 12,2014
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY, NOVEMBER 12, 2014
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Stuart W. Ivimey, Chairman
Clark H. Brewer,Vice Chairman
Charles A. Samuelson, Clerk
Michael Dickey
David Drinan
Brian Frazier,Associate Member
Board Members Absent:
Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator
Meeting called to order at: 7:05 P.M.
7:05 P.M. TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE
OF THE MEETING
Richard Henderson indicated Abbott Development has a closing scheduled for a property. Henderson was aware
of the financial issues between Abbott and Planning and Conservation and will talk with Modzelewski about what
needs to be done before lot can be released and anticipates check from Abbott to be forthcoming.
7:07 P.M. 97 FOREST AVE., FORM A—APPLICATION: KEVIN& NICOLE HENRY. OWNER:
CHARLES & GERALDINE HENRY
In attendance to represent application: Terry McGovern, Morse Engineering Co., Inc.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Form A—ANR Application with attachments, date stamped: 10/30/14
• Plan of Land, prepared by Morse Engineering Co.,Inc. dated: 10/21/14
• Revised plan submitted at meeting, date stamped 11/12/14
Revised plans were submitted at meeting and date stamped 11/12/14. Two parcels exist—want to create a 3rd lot.
Have filed with BOH and for SWP. Both houses have 125 ft. width through the building line. Ivimey -lots 1 and
2 do not have 50 ft. of continuous width and questioned whether the ANR could be endorsed. Town Counsel
arrived at meeting-gave opinion that only concern is the required frontage and said ANR could be endorsed.
MOTION: By Member Drinan to endorse the revised plan as submitted
SECOND: Member Brewer
VOTE: 5—0 MOTION CARRIES
Board members endorsed revised mylar.
7:25 P.M. ADMINISTRATION
- VOTE TO APPROVE OCTOBER 22, 2014 MEETING MINUTES
MOTION: By Member Brewer to approve the October 22,2014 minutes
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING NOVEMBER 2, 2014
MOTION: By Member Brewer to approve the payroll for period ending November 2,2014
SECOND: Member Drinan
Planning Board Meeting APPROVED MINUTES 2 of 4
November 12,2014
VOTE: 5—0 MOTION CARRIES
- VOTE TO RATIFY S.IVIMEY SIGNATURE ON:
-CDI INV.#359 ESTATES AT COHASSET $620.00
-CDI INV.#358 8 JAMES LANE $3,720.00
MOTION: By Member Brewer to ratify Ivimey signature on above cited invoice
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
7:30 P.M. 8 JAMES LANE, VILLAGE BUSINESS DISTRICT SPECIAL PERMIT AND SITE PLAN
REVIEW CONTINUED PUBLIC HEARING, APPL: JAMES LANE PARTNERS
In attendance to represent application: Attorney Charles Humphreys; Applicant Michael Roberts; Project
Consultant Paul Sullivan; Architect Chris DeOrsay; Scott Henderson, McKenzie Engineering.
In attendance to represent Planning oard: Town Counsel Hucksam; John Modzelewski, Civil Designs,Inc.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Drainage Calculations and Stormwater Management Plan, revision dated 10/15/14
• McKenzie Engineering Group Traffic Analysis, dated 10/15/14
• 10/19/14 email from Lenore Jenkins, Water Commission with Water Dept. letters of 01/30/12 and
02/03/12 attached.
• Plans C-1, C-2, CD-1, CD-2, CD-3 revision date: 10/15/14
• Arch. SKI 1, SKI, SK 13 issue date: 10/15/14
• Humphreys email to Hucksam re: common areas dated: 10/15/14
• CDI review/comments letter dated 10/21/14
• Exhibit`B"Rules & Regs. of the Homes of Cohasset Village Condominium, date stamped: 10/22/14
• Roberts' 10/22/14 Response to Civil Designs' 10/08/14 Peer Review Letter
• Lenore Jenkins 10/22/14 email re: meeting with 8 James Lane developers
• Copy of Roberts' 11/07/14 letter to Lenora Jenkins, Water Commission, submitted by Roberts, date
stamped 11/10/14
• Brian Joyce, Director of Project Management & Planning, 11/12/14 letter to Planning Board re:
permit restrictions
• 11/12/14 Michael Roberts response to Brian Joyce 11/12/14 letter regarding permit restrictions, date
stamped: 11/12/14
Henderson: summarized changes made
• Adjusted locations units 3 and 4 AC units so there is a minimum 6 ft. clearance to get around them.
• Stacked parking for RR bldg. will be dedicated to those units so they have control over use of them
and will be outlined in the HOA documents.
• Visitor parking will be renamed additional parking and will be deeded to individual units.
• Updated drainage to prove there is no impact on James Brook Culvert, that catch basin to catch basin
at beginning of site is appropriate for those structures.
• Landscaping plan has been updated and revised plan submitted
• Trees along retaining wall— specified species are slow growing and will not impact the wall.
• Traffic letter submitted showing the increase in traffic is diminimous
• Revised entrance to site to recommended design of John Modzelewski
• GFA still needs discussion
• Filter fabric to be installed under driveway paver blocks
• Wheel bumpers added to RF bldg. spaces
• Guardrail installed along RF bldg. high end of retaining wall
• Have to come to agreement with Water Dept. re: looping water main.
Planning Board Meeting APPROVED MINUTES 3 of 4
November 12,2014
Ivimey: Burden to prove that blasting is safe is applicant's — wants to know if a hydrologist can be
brought in— If there is damage—may take years to realize and then it would be expensive to prove —he is
not sure that any amount of insurance could provide a level of comfort. Chipping is hideous — blasting
can be done in a fast, controlled manner although there has not been blasting near the well field before.
Water Dept. did not hire an engineer to opine scientifically on this issue so is it a legitimate concern?
Chipping is going to affect the entire downtown area.
Modzelewski: Can see taking safest route and put burden to show shock waves won't dissipate on the
applicant. If the well fields did drain, finding the fissure will be difficult—what would the Town do?
Roberts: Blasting Co. carries $5 million in insurance and insurance company will allow them to blast at
this location—this seems good enough to him — Water. Dept. wants a 100% guarantee that there will not
be damage — no one can make a 100% guarantee — would prefer to blast but, applicant will do whatever
Board directs them to do. Chipping could take 2 months.
Humphreys: suggests post project approval meeting in which they will submit ledge removal plan to
allow further discussion to reconcile this issue — Planning Board and ConComm have jurisdiction over
this. Water Dept. may have interest, but burden to balance that interest belongs to Planning and
ConComm. Modern blasting is very precise. There are no facts there would be damage and, no facts
there will not be damage.
Sullivan: could have a Planning Board meeting including neighbors to have the blasting company come
in and explain the science of blasting.
Town Counsel: Board should think in terms of the standards & criteria the Board has to apply to
determine whether or not to grant the permit and whether Board can make that determination regarding
environmental impact.
Samuelson: Only safe way for the well field is to not blast but would 2 months of chipping be so
annoying to neighbors that we would want to avoid chipping. But, he could not in good faith go against
the Water Dept. and Town Engineer concerns. If something did happen, he believes $5 million would
come no where near covering the damages to the Town. Maybe Water Dept. has to come to the Board
with the various costs to remedy potential damages.
Henderson: It is a temporary impact, not a project impact.
Modzelewski: The issue begs for a professional to come in and quantifiably and qualitatively opine. He
is not going to say blasting would not affect the wells—these are shallow wells.
Administrator: her understanding is that B. Joyce felt that there was is discrepancy between what L.
Jenkins conveyed as the agreement with the applicant and what the applicant conveyed as the agreement
and, that no blasting is a non-negotiable requirement on the part of the Town.
Humphreys: they could hire finest geotechnical engineer in the world and he will not be 100% sure.
Chipping is the answer—can argue academically forever—should submit a post approval chipping plan.
Cynthia McCleave, 9 James Lane: She would prefer chipping to blasting — there are gas lines, fill,
brooks etc. in area that could be damaged—MBTA chipped- water should be saved—its priceless. Wants
project permitted or not permitted—this have been going on for 8 years and neighbors are tired of it.
Joe Rosano, owner of abutting 2 Pleasant St.: Board needs someone who is knowledgeable—no progress
is being made in these hearings. Johnson (blaster) is knowledgeable. 2-3 months of chipping and
hammering will drive the neighbors crazy and hurt his tenant's business. He would prefer blasting in a
knowledgeable person can convince them there will not be any problems.
Planning Board Meeting APPROVED MINUTES 4 of 4
November 12,2014
Drinan: this is a conundrum for the Planning Board — to make chipping vs blasting decision tonight is being
without professional input about risk. If blasting vs chipping is not going to impact approval, perhaps they could
have a post project approval.
Town Counsel: does not recommend post project approvals—would require a modification filing.
Brewer: this project may not be the only chipping project that might be going on.
Straw vote: which Board members would like to drop this issue and put up with chipping - ALL. Issue closed—
project will use chipping.
Modzelewski:
• B. Joyce had very good observation about James Brook Culvert—it should be videotaped
• Outstanding issues:
o HOA Rules & Regs. - limit on size of short term parking for delivery vehicles on site because of the
circulation issue? Humphreys - it was never the intent to put limitations on short term delivery vehicles.
Modzelewski noted that large delivery vehicles will have to back out.
o Trees near abutting 2 Pleasant St. property — too close to wall — very tight—trees will push the wall out.
Samuelson—could condition that Condo Association must maintain trees and wall as common elements.
o Square footage definition still has to be resolved.
o Not detail for fence on top of wall has been provided—will have to condition that detail acceptable to the
Board must be provided.
o Fence along well field or, some other barrier(planting?) so someone cannot back up and fall off the side of
it. Henderson noted that the low side of the retaining wall is the applicant's property someone would have
to trespass on the well field property to fall off.
o Silt fence and hay bales—NOI has been filed with ConComm and they will review that.
o B. Joyce point#4(snow removal) has been addressed in Operations Maintenance Plan
o Joyce Point #3 (looping) - applicant will loop with some concessions from the Water Dept. and will be
on final drawings and As-Builts showing looped main. Humphreys will get letter from Water Dept
regarding detail of looping plan that was agreed to — can be handled as a condition. Town Counsel—
this sounds like a side mitigation agreement with another body which is separate.
o Modzelewski has everything he needs—drainage plan works—couple of details need to be put on plans.
Capt. Trask: All Fire Dept. concerns have been addressed to the Dept's satisifaction.
Applicant has nothing more to submit.
MOTION: By Member Brewer to close the public hearing
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
MOTION: By Member Brewer to continue to December 10,2014 at 7:30 PM for deliberation
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
• PUBLIC COMMENT (5 MINUTES MAXIMUM)
Humphreys: -Red Lion Inn Nov. 19, 2014 continued public hearing will be procedural discussion —no substitive
issues to be addressed.
MOTION: By Member Brewer to adjourn at 9:10 P.M.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, NOVEMBER 19, 2014 AT 7:00 P.M.
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: NOVEMBER 19,2014