HomeMy WebLinkAboutMinutes - PB - 03/25/2015 Planning Board Meeting APPROVED MINUTES 1 of 3
March 25,2015
COHASSET PLANNING BOARD MINUTES
DATE: MARCH 25, 2015
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Clark H. Brewer, Acting Chair
Charles A. Samuelson, Clerk
Michael Dickey
David Drinan
Brian Frazier,Associate Member
Stuart W. Ivimey
Board Members Absent:
Recording Secretary Present: Jo-Ann M. Pilczak, Planning Board Administrator
Meeting called to order at: 7:00 P.M.
7:00 P.M. ROB SCHWANDT—BRIEF UPDATE ON SCITUATE HILL SUBDIVISION
Approval for this commercial subdivision was obtained in 2006. Originally had buyer for top plot—planned to use
this sale as funding to build the road. Buyer fell through and no subsequent followed for a few years. There is now
an interested buyer for Lot 1 and part of Lot 2 (2 bottom lots). Wants to address 3 topics:
1. Crocker 11 Realty will be returning to the Board with a proposed change of lot lines within a subdivision via an
81M (Schwandt not sure of Section of the Law) which is used to change the lot lines within a subdivision
when no lots have been transferred before the road has been built without having to file for a modification to
the subdivision. They will use a Form A - ANR Application since Planning Board does not have an
application specific to an 81M. Brewer to touch base with Town Counsel to confirm this is the correct
process and if this is the same as a Form A ANR application.
2. Want to make sure the permit is still in effect and in compliance with the Permit Extension Act. Schwandt will
send letter with an opinion that it is still in effect which Board will pass to Town Counsel for review.
3. Regarding Board's condition for bi-annual submission to Mass. Hwy. for a traffic signal at top of King St.
They have received a lukewarm reception from Mass. Hwy. - it takes Mass. Hwy. so long to review a
submission, they are either still reviewing or have just reviewed a submission when next one is submitted.
This cost-prohibitive and these repetitive applications are not looked upon favorably by Mass. Hwy. Brewer
reminded them that there has been a new corridor study which might have some influence on traffic light.
Administrator noted that there is an outstanding request for engineering deposits—Schwandt to take care of.
7:15 P.M. CRAZY PAWS- REVIEW OF CONDITIONS OF APPROVAL
In attendance for discussion: Building Commissioner Egan
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• 03/06/15 Rockwood construction affidavit letter
Egan - since there was not change to the footprint for this project, rather than submit an As-Built plan, the
engineer submitted an affidavit stating that "This structure is built according to the plans submitted to the
Permitting Authorities, and in accordance with its intended use as requested.". Egan - conditions of approval have
been completed with the exception of condition R, regarding installation of an irrigation system. Egan is going
to issue a certificate of occupancy. Administrator to begin refund process.
MOTION: By Member Ivimey to consider this project complete as conditioned and to process a refund of
any remaining engineering or legal deposit balances.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 2of 3
March 25,2015
7:22 P.M. ZBA SPECIAL PERMIT APPLICATION RECOMMENDATION — 19 HOBART LANE,
APPL: PAUL AND JILL TEDESCHI
In attendance for discussion: Brendan Sullivan, Cavanaro Consulting; Can Tiryaki, Tiryaki Architectural Design.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• ZBA Special Permit application, date stamped: 03/17/15
• Site Plan ZBA, prepared by Cavanaro Consulting, dated: 03/12/15
• Architecturals A0.0, AE1.1, AE1.2, AE2.1, AE2.2, A1.1, A1.2,A1.3, A2.1,A2.2, A2.3,A2.4, prepared by
Tiryaki Architectural Design, dated: 03/12/15
Proposal is to demo two existing wings and construct new two story addition. Existing is a pre-existing non-
conforming in lot size and front,rear and side setbacks. Proposed new construction will reduce building coverage,
lot coverage but not totally eliminate the con-conformity. In addition, a portion of the proposed two story addition
will be within the setback so the non-conformity will be extended vertically. Height will be conforming.
MOTION: By Member Ivimey to recommend the ZBA approve this special permit
SECOND: Member Dickey
VOTE: 5—0 MOTION CARRIES
7:30 P.M. ANNUAL TOWN MEETING WARRANT ARTICLE 19 CONT'D PUBLIC HEARING:
GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATIONS OVERLAY DISTRICT
In attendance to represent article: AEC Chair Shaun Selha; several AEC members; G. Deane,Palmer Capital.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Version 03/24/15 as forwarded by Shaun Selha
Selha reviewed some of the changes financial surety section 21.13 ; Planning Board is Site Plan Review Authority;
general mention of State,Local etc. standards and codes rather than specific mention of such things as NEC in 21.4
(Samuelson, for record, there are no state or local codes that address PV arrays — codes quoted are industry
standards — UL, EEC etc - which are not under any jurisdiction which leaves Town open to an array not being
constructed to code because bylaw did not say they had to.) Egan — IEC is part of building code and, IEC is a
standard code that must be followed—its not optional; Section 21.8: landfill is made up of 3 parcels— 1 designated
as being for State, municipal etc. uses while the other 2 parcels are designated RB - question is if RB lot coverage
requirement is applicable for a PV array—proposed wording of up to 70%of any lot to cover that concern.
Dickey: concerned about erosion under panels and care of plant growth under panels. Selha explained that
panels are on a tilt so there is not total coverage and developer is required to maintain vegetation at a minimal level.
Deane,Palmer Capital: Parcels are in different zoned areas — Egan told him that if the PV array touches all 3
parcels, it effectively merges the parcels, so which zone do they actually end up in? Ivimey: they are all in
residential zone B and C. Also asked what would be considered a reasonable Site Plan Review fee for the solar
array which covers 5 acres since Site Plan Review fees are set-up on square footage. Town Counsel suggested to
include language in bylaw for waivers or reduction of fee with authority to the Planning Board. Such as "The Site
Plan Review Authority shall have the authority to reduce or waive fees upon the showing by the applicant of
financial need". Administrator wanted total clarification that reducing or waiving fees applies only to application
fees and not to consultant fees. Confirmed—Town Counsel to come up with language to make that very clear.
Town Counsel did not have enough time to review this current version forwarded last night—he will review and
sent report to Planning Board prior to next meeting.
MOTION: By Member Brewer to continue to April 8, 2015 at 7:15 P.M.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
8:00 P.M. ADMINISTRATION
- VOTE TO APPROVE FEBRUARY 25 and MARCH 11,2015 MEETING MINUTES
MOTION: By Member Drinan to approve the February 25 and March 11,2015 minutes
SECOND: Member Ivimey
VOTE: 5—0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING MARCH 22,2015
MOTION: By Member Drinan to approve the payroll for period ending March 22,2015.
SECOND: Member Ivimey
VOTE: 5- 0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 3of 3
March 25,2015
- VOTE TO RATIFY S.IVIMEY SIGNATURE ON: no invoices
- CHAPTER 91 WATERWAYS LICENSES- Administrator informed Board of 3 new Chapter 91 Waterways
Licenses that had been signed by Ivimey as acknowledgment of receipt.
- PLANNING BOARD MEMBERS TO ATTEND MARCH 31, 2015 BOS MEETING TO EXPLAIN
VBD BYLAW - Brewer and Dickey to attend.
8:05 P.M. TOPICS NOT REASONABLY ANTICIPATED 48 HRS.IN ADVANCE OF MEETING.
In light of Ivimey's decision to step down as chair effective immediately, there was question as to whether Board
should reorganize now or wait until after May 9,2015 elections. Ivimey suggests waiting until after election. Town
Counsel reviewed State Law and Town bylaws and explained that there is an annual designation by the Board of its
officers. In his opinion, in a situation where a chairman resigns, for the Vice Chair to function in that role until the
annual designation of the officers of the Board would be a reasonable way to proceed since both the State Law and
the Town bylaw only refer to annual designations of officers. In his opinion, this would not affect the Board's
authority to act on different matters before it. The Vice Chair would have the authority to sign all documents the
Chair would have signed. Ivimey is also not running for re-election so ballot would be blank. It would be an
advantage to have Associate Member take the permanent seat and then have a new Associate Member appointed.
PUBLIC COMMENT (5 MINUTES MAXIMUM) -none
MOTION: By Member Ivimey to adjourn at 8:05 P.M.
SECOND: Member Drinan
VOTE: 5-0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, APRIL 8, 2015 AT 7:00 P.M.
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: APRIL 8,2015