HomeMy WebLinkAboutMinutes - PB - 05/20/2015 Planning Board Meeting APPROVED MINUTES 1 of 3
May 20,2015
COHASSET PLANNING BOARD MINUTES
DATE: MAY 20, 2015
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Clark H. Brewer, Chair
Charles A. Samuelson, Clerk
Michael Dickey
David Drinan
Brian Frazier
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. MANOR WAY CIRCLE
In attendance to represent agenda item: Attorney Richard Henderson;Appl. Matthew Shanley
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Erosion& Sedimentation Control Plan,prepared by Flaherty& Stefan,revision date: 04/23/15
• Construction Narrative&Calendar, dated: 10/28/14
• Construction Narrative&Calendar, revised: 05/18/15
• Civil Designs 05/20/15 email re: satisfied condition #21 with Construction Narrative & Calendar, revised &
date stamped: 05/20/15 attached.
• Stormwater System Operations and Maintenance, Construction Sequencing, date stamped: 05/18/15
• Civil Designs 05/18/15 email re: Pre-Construction 05/15/15 meeting
• Civil Designs 05/19/15 email re: Operation&Maintenance plan
• Attorney Henderson 05/19/15 letter re: request permission to construct foundation on Lot 2
• Attorney Henderson 05/19/15 email re: easements
Henderson explained why the former Cedarmere house is in the current location—and that they are not asking to
sell, occupy, transfer or encumber the house — they are only asking for a building permit so they can construct a
foundation and put the house on it to get it out of the way of the proposed road as well as for safety and access
reasons. There will not be any sewer, electric or water to the house at the present time.
Henderson reviewed all the easement etc. Town Counsel had suggested another form of surety be substituted for
the Covenant per MGL c.41, Section 81U. Henderson argued that point and noted that they cannot consider
another surety such as a performance bond as suggested by Town Counsel because there is no provision in the
construction loan for a cash surety because they had planned on a Covenant — lots will be released one by one
according to the restrictive covenant as is done with Cook Estates. Drinan—there is evidence that there is ample
protection and Shanley is in a conundrum as to what to do with the house so he can proceed. Samuelson—in favor
of being more conservative with the restrictions — the issue is starting building a house without infrastructure in
place. Brewer—Planning Board tries to aid developers if there is no harm to the Town but did not think everything
is wrapped up — eg. Covenant. Dickey — there are other "stop" elements in place. Frazier — should move the
project along with the Restrictive Covenant.
MOTION: By Member Drinan to approve moving the structure to a foundation to be built the submission
of the final Restrictive Covenant and plan.
SECOND: Member Dickey
VOTE: 4—1 MOTION CARRIES (Samuelson—nay)
To be done: Henderson will bring: set of plans to be signed; Restrictive Covenant with Shanley's signature; the
Homeowners' Association docs with Shanley's signature; Conservation Restriction.
Planning Board Meeting APPROVED MINUTES 2 of 3
May 20,2015
7:25 P.M. BEACH ST. FORMA APPLICATION. APPLJOWNER: BEACH ST.BUILDERS.
In attendance to represent agenda item: Terry McGovern,Morse Engineering.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Form A Application with Statement of Litigation Policy and Quitclaim Deed attached, date stamped: 05/19/15
• Plan of Land, prepared by Morse Engineering, dated: 05/14/15
Existing lot is approx. 9.5 acres and has a lot of ledge. Proposal creates one new 1-acre buildable lot on Beach St.
with frontage and access on Beach St.—remaining land is unbuildable because it will not retain frontage on Beach
St. There are a number of existing easements. Access is via an existing easement. Lot straddles both RB and RC
districts—house will comply with RB setback and area requirements.
MOTION: By Member Drinan to endorse the Form A as presented
SECOND: Member Dickey
VOTE: 5-0 MOTION CARRIES
7:34 P.M. 8 JAMES LANE VBD SPECIAL PERMIT AND SITE PLAN REVIEW — CONTINUED
PUBLIC HEARING. VOTE TO CONTINUE AT APPLICANT'S REQUEST.
In attendance to represent agenda item: Attorney Charles Humphreys
MOTION: By Member Drinan to continue to August 12,2015 at 7:30 P.M. at Applicant's request
SECOND: Member Frazier
VOTE: 5-0 MOTION CARRIES
7:37 P.M. TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE
OF THE MEETING Attorney Charles Humphreys re: Red Lion Inn denial. Applicant has 2 choices—appeal to
land Court or resubmit the plan. Humphreys stated that the reason for the denial was that there were so many
conditions and that the conditions were so great that the Board felt the plans had not advanced far enough to meet
those conditions. Humphreys also cited the "repetitive" plan which means the applicant cannot come in with the
same plan again for two years after a denial unless the Planning Board recommends that the plan be submitted and
that the two year requirement be waived. A plan that is substantially different is entitled to be filed within the two
year period. In his opinion, this plan would be the exact same plan with complete engineering in terms of
landscaping, slope and related issues of drainage, roadway and, perhaps a few more. He is trying to determine
whether to appeal(and it could come back as a remand),wait two years and return or make changes based upon the
finding in the denial and ask the Board to determine it is substantially different and able to come back within the
two years, but, in his opinion, the plans need additional work and, the completion was a good start but not a good
finish. Drinan recommended he wait until he receives the official denial and then write a letter to the Board asking
for what he just mentioned. Humphreys added that a site plan is not appealable until a building permit is issued.
Brewer noted that if they changed the plan accordingly to the findings in the denial, personally, he could see why
the Board would let him return.
7:45 P.M. ADMINISTRATION
- VOTE TO APPROVE MAY 6,2015 MEETING MINUTES
MOTION: By Member Dickey to approve the May 6,2015 minutes
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING MAY 17, 2015
MOTION: By Member Dickey to approve the payroll for period ending May 17,2015.
SECOND: Member Drinan
VOTE: 5-0 MOTION CARRIES
- VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES:
- D/W INV.#4 1-3 BROOK ST. $1,402.50
- D/W INV. #15 RED LION INN $1,617.75
MOTION: By Member Drinan to ratify Brewer's signature on above cited invoices
SECOND: Member Dickey
Planning Board Meeting APPROVED MINUTES 3 of 3
May 20,2015
VOTE: 5-0 MOTION CARRIES
- PLANNING BOARD REORGANIZATION—Before reorganizing. Samuelson wanted to discuss his opinion
that the Board should entertain term limits for the Chair position—he thinks an individual acting as Chair on a long
term basis results in burnout for the individual —he would like to consider a two year term limit. Dickey, Frazier
and Drinan agreed— although would have to think about citing a particular time period as there may be a point in
time when the only person who wants to be Chair is the person holding the position at the time in which case, a
named time period could put the Board in a difficult position. But, Board agreed that they should all agree that
rotating the Chair position would be beneficial to the individual and the Board.
MOTION: By Member Dickey to nominate Member Brewer as Chair
SECOND: Member Frazier
VOTE: 4-0 MOTION CARRIES (Member Brewer abstain)
MOTION: By Member Brewer to nominate Member Drinan as Vice Chair
SECOND: Member Frazier
VOTE: 3 - 1 MOTION CARRIES (Member Drinan abstain)
MOTION: By Member Brewer to nominate Member Samuelson as Clerk
SECOND: Member Drinan
VOTE: 4-0 MOTION CARRIES (Member Samuelson abstain)
- DISCUSSION—ASSOCIATE MEMBER APPOINTMENT
Before meeting with BOS for a joint appointment of Associate Member, Board suggested that the other write-in
candidate for the full Member position should be contacted to determine her interest—Brewer to make the contact.
• PUBLIC COMMENT (5 MINUTES MAXIMUM) -none
MOTION: By Member Drinan to adjourn at 7:55 P.M.
SECOND: Member Dickey
VOTE: 5-0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, JUNE 3, 2015 AT 7:00 P.M.
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: JUNE 3,2015