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Home My WebLink AboutMinutes - PB - 03/18/2017 Planning Board Meeting APPROVED MINUTES 1 of 4 March 8,2017 COHASSET PLANNING BOARD MINUTES DATE: MARCH 8,2017 TIME: 7:00 PM PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Clark H. Brewer, Chair (CB) Michael Dickey,Liaison to CPC (MD) Erik Potter,Associate Member(EP) Board Members Absent: David Drinan,Vice Chair (DD) Brian Frazier, Clerk (BF) Charles A. Samuelson(CS) Recording Secretary Present: Jo-Ann M. Pilczak CALLED TO ORDER AT: 7:05 P.M. 7:05 P.M. ZBA RECOMMENDATION • 88B BEACH ST. ZBA VARIANCE & SPECIAL PERMIT APPLICATION. APPL: ATTORNEY JEFFREY DELISI ON BEHALF OF OWNERS: DONALD&ELYSE RYAN. In attendance to represent agenda item: Attorney Jeffrey DeLisi; Architect Steven Myers. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office - 02/17/17 Attorney Delisi cover letter to ZBA Application - ZBA Notice of Public hearing, Application and attached documents - Plan SP—prepared by Cavanaro Consulting Inc., dated:02/17/17 Request for Special Permit under the flood plain with a request for a Variance in the flood plain if necessary. The particular aspect of the variance is where you call the boundary of the property—whether it is the mean low water mark or the mean high water mark. Their consultant made a call that the boundary line is the mean low water mark— which means it does not require a variance, whereas if it is the mean high water mark, it does require a variance. (In 2008, when variance was issued, Cavanaro Consulting identified the boundary is the mean high water mark and, the ZBA saw fit to issue a Variance in that context because it met the criteria required for a Variance. In 2017, additional title work was done and Cavanaro went back to a deed in the early 1900's which identified the property boundary as mean low water mark showing the error in 2008). Proposal is to raze the small cottage on the property and reconstruct a house with detached garage to make them flood compliant. Clients have spoken with neighbors — no opposition expressed. Property is atypical in that it is basically located on a peninsula and the buildable area is very narrow. Garage is pre-existing non-conforming with a side setback of 3 ft. — it will be moved further away from the property line, having a side setback of 6 ft. which decreases the non-conformity. Right now, both structures are non-compliant with respect to flood and both will be made compliant. Much of the existing impervious will be removed and replaced with pervious. Do not need the Special Permit for the house structure —it is needed for the razing and reconstruction of the garage and, for both structures under the flood plain. Variance is needed in case the ZBA disagrees with them(previous Variance was issued based upon mean high water mark). MOTION: By Member Potter to recommend the ZBA approve the Special Permit for this project. SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES MOTION: By Member Dickey to recommend the ZBA issue the Variance for this project if needed. SECOND: Member Potter VOTE: 3-0 MOTION CARRIES 7:15 P.M. 215 ATLANTIC AVE./RUTH S. CHUTE TRUST - MOVING LOT LINE ON ALREADY APPROVED FORM A. ATTORNEY RICHARD HENDERSON In attendance to represent agenda item: Attorney Richard Henderson Planning Board Meeting APPROVED MINUTES 2 of 4 March 8,2017 Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • Form-A Application with Planning Board Statement of Litigation Policy attached. Date stamped: 03/06/17 • Plan of Land, prepared by Cavanaro Consulting, dated: 01/31/17 Simply moving an interior lot line. MOTION: By Member Dickey to endorse the Form A—ANR plan as presented. SECOND: Member Potter VOTE: 3-0 MOTION CARRIES 7:18 P.M. 70 BLACKHORSE LANE -FORM A APPLICATION — APPL: JACK LIVINGSTONE, - ATTORNEY RICHARD HENDERSON. In attendance to represent agenda item: Attorney Richard Henderson; Greg Morse,Morse Engineering Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • Form-A Application with Planning Board Statement of Litigation Policy attached. Date stamped: 03/06/17 • Plan of Land, prepared by Morse Engineering, dated: 03/03/17 Way appears in a 1936 plan and in a recorded 1961 plan. There is vehicular access and utilities. Meets all the standards of the Statute and both lots meet all zoning requirements for lot size, frontage etc. Dividing#70 into 3 lots — the existing house, Lot 2 and Lot 1. Also dividing ownership of the island into 3 separate parcels — all labeled as non-buildable parcels. Conveying Lot 1 and Parcel C together, Lot 2 and Parcel B together —they are physically separated by a creek that runs through. Meets all current zoning — lots are large and exceed zoning requirements. Conservation restriction will be placed on Parcels A, B and C. The lots are not merged. MOTION: By Member Dickey to endorse the Form A—ANR plan as presented. SECOND: Member Potter VOTE: 3-0 MOTION CARRIES 7:25 P.M. CEDAR STREET LANDFILL SOLAR ARRAY—UPDATE In attendance to represent agenda item: Gordon Deane, Scott Kaplan, Erik McLean. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • Kaplan 02/02/17 email re: Engineering Condition#6 • CDI 02/15/17 memo re: conditions of approval update • BASCO proposed Surveillance System at Cohasset landfill, date stamped; 02/23/17 • 02/27/17 Weston& Sampson letter • CDI 03/01/17 memo re: condition of approval#10 • CDI 03/03/17 memo re: comments regarding condition of approval#4 • CDI 03/04/17 memo re: comments regarding conditions of approval#6 & 11 • CohSolar LLC 03/06/17 memo requesting minor modification • CoSolar LLC 03/07/17 letter re: Updated Site Monitoring System—response to CDI 03/03/17 comments There is a May 8 deadline for system to be mechanically up&running to keep grant. National Grid is ready to go. RE: FINAL REVISED SITE PLAN- CDI recommends approval of the FRSP as submitted. RE: ENGINEERING CONDITION #4 — CCTV MONITORING - System does have day and night vision capability. Modzelewski concerned that cameras do not cover entire site. Motion causes email to be sent out — Modzelewski wants name and contact information of people to be notified and who will respond—wants something more formal (eg. Police) than having just CohSolar notified— questions that CohSolar contact person(s) may not always be available to receive the email. Applicant to follow-up with Modzelewski about this. RE: CHANGE IN PANEL MANUFACTURER— Panels are lighter but concrete ballasts are smaller which is less than the earlier project and which is better. Modzelewski wants to see a few more details. RE: ENGINEERIND CONDITION #6 — SURETY - ZBL are clear about what should be seen for surety. Town Counsel advised that having money in an account is not satisfactory —that there should be something like a performance bond, but he is OK with cash being placed in an account as long as the Town has control of the account and funds cannot be withdrawn without Town approval. MOTION: By Member Dickey that the Planning Board approve and authorize the Board's Counsel to negotiate with the Applicant towards reaching an agreement on what arrangements the Applicant must make to meet the surety requirements of Bylaw 21.13, and further, that it is the opinion of the Board that a "reasonable substitute" for the types of security specifically enumerated in said Bylaw would consist of cash Planning Board Meeting APPROVED MINUTES 3 of 4 March 8,2017 deposited with a FDIC insured depository institution in an account in the name of the Town of Cohasset or otherwise under the Town's control. SECOND: Member Potter VOTE: 3—0 MOTION CARRIES 7:55 P.M. SCITUATE HILL COMMERCIAL SUBDIVISION — UPDATE ON TRI-PARTY EXTENSION In attendance to represent agenda item: Attorney Richard Henderson,Rob Schwandt; Dave Fulton, SSG. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • CDI 01/10/17 memo re: Road construction and extension time frames • 01/20/17 Condon(Lerner&Holmes PC)letter to Donna Truex • 01/20/17 email from Fulton with letter to Truex attached • 01/20/17 Truex(Bowditch&Dewey) email to Schwandt re: Road Construction Work • 01/23/17 Condon email with letter to Truex attached • 01/23/17 Schwandt email with Condon 01/23/17 letter to Truex attached • CDI 01/27/17 memo re: Cost to complete backup • CDI 01/27/17 memo re: SSG 01/27/17 Site meeting • CDI 02/01/17 memo re: SSG 01/31/17 meeting • CDI 02/02/17 memo with Thielsch 11/30/16 Engineering Report attached • 02/27/17 Condon letter to Truex • 03/02/17 Henderson Amended Tri-Party agreement MOTION: By Member Potter to extend amendment date to April 24,2017. SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES Board signed the amended agreement. Rob Schwandt took signed amendment to have Lynn Schwandt sign it—will provide copy to Board. 8:01 P.M. SSG STORAGE—REQUEST FOR MINOR MODIFICATION In attendance to represent agenda item: Materials and documents submitted,utilized at this meeting (On file in Planning Board Office): • Cavanaro Consulting 02/07/17 Transmittal cover, date stamped: 02/07/17 • Cavanaro Consulting 02/07/17 letter to Planning Board re-Minor Site Plan Changes, date stamped: 02/07/17 • Plan LG, prepared by Cavanaro Consulting, dated: 10/14/15, revision date: 02/03/17 • CDI 02/21/17 memo re: review and response to request for minor modification, date stamped: 02/22/17 Changes to utility pipes and grading — utilities will come directly off Rt. 3A. Modzelewski recommended the Board approve the modifications as minor. MOTION: By Member Potter to approve the changes as minor modifications on the Cavanaro Plan LG dated 02/03/17 SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES 8:05 P.M. CONTINUED PUBLIC HEARING—PROPOSED ZONING BYLAW AMENDMENTS FOR THE MAY 1,2017 ANNUAL TOWN MEETING. • ARTICLE "T"-AMEND SECTION 2.1 DEFINITIONS—"RESIDENTIAL GROSS FLOOR AREA" - (CS) 03/09/17 updated version - Recommended Changes to Cohasset Zoning By-Laws and Rationale submitted by Village Development Partners, 03/08/17 (CS) — author and proponent of the article not in attendance to address questions about the edits made since last meeting. Board did suggest that definition of unfinished space should perhaps be a stand alone definition. MOTION: By Member Potter to continue the public hearing on this article to March 15,2017 at 7:30 PM. SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES Planning Board Meeting APPROVED MINUTES 4 of 4 March 8,2017 • ARTICLE "Y"AMEND SECTION 11 —REGULATIONS GOVERNING EARTH REMOVAL Author and proponent Charles Higginson(ZBA and ZAC) suggested that this article be indefinitely postponed. He researched suggested quantities of earth that could be removed and found the figures to be very vague. Also suggested that this would difficult to enforce. MOTION: By Member Dickey to recommend indefinite postponement SECOND: Member Potter VOTE: 3-0 MOTION CARRIES • ARTICLE "Z"-AMEND SECTION 4.3.14 - INCLUSIONARY ZONING State's Model Bylaw submitted by(CS),date stamped: 03/08/17 for information Board suggested 3 changes: 1. Paragraph 1, line 4: delete"eligible for qualification as" and replace with : "required to be a" 2. Paragraph 2, Line 1: after"option:" insert: "If authorized by the Planning Board as" 3. Paragraph 4, Line 2: replace"Housing Development Corporation" with"Cohasset Affordable Housing Trust" MOTION: By Member Dickey to recommend Town Meeting approval as amended above SECOND: Member Potter VOTE: 3-0 MOTION CARRIES ADMINISTRATION - VOTE TO APPROVE FEBRUARY 15,2017 MEETING MINUTES MOTION: By Member Potter to approve the February 15, 2017 meeting minutes SECOND: Member Dickey VOTE: 3—0 MOTION CARRIES - VOTE TO APPROVE PAYROLL FOR PERIOD ENDING MARCH 5, 2017 MOTION: By Member Potter to approve the payroll for period ending March 5,2017 SECOND: Member Dickey VOTE: 3-0 MOTION CARRIES VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES: no invoices • PUBLIC COMMENT (5 MINUTES MAXIMUM) -none • TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE OF THE MEETING-none MOTION: By Member Brewer to adjourn at 9:00 PM SECOND: Member Potter VOTE: 3-0 MOTION CARRIES NEXT MEETINGS: WEDNESDAY, MARCH 15, 2017 AT 7:00 P.M. MINUTES APPROVED: CLARK H.BREWER, CHAIR DATE: MARCH 15, 201