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Home My WebLink AboutMinutes - PB - 04/12/2017 Planning Board Meeting APPROVED MINUTES 1 of 4 April 12,2017 COHASSET PLANNING BOARD MINUTES DATE: APRIL 12,2017 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) David Drinan,Vice Chair (DD) Brian Frazier, Clerk (BF) Michael Dickey, Liaison to CPC (MD) Board Members Absent: Charles A. Samuelson(CS) Erik Potter,Associate Member(EP) Recording Secretary Present: Jo-Ann M. Pilczak CALLED TO ORDER AT: 7:10 P.M. 7:10 P.M. PLANNING BOARD MEMBER UPDATES (MD)—CPC membership is rolling over—MD is happy to continue as Planning Board Liaison to CPC (DD) - Town Hall Renovation Committee has stakeholders meeting tonight — also, since he is not running for re-election, he needs to replaced on the Affordable Housing Committee (CB) —New calculations show the Town might be short for the 40B requirements. Affordable Housing wants to submit a letter of support for the Inclusionary Zoning Bylaw. Town is going to pay for a regional GIS flyover to update maps—great for land use Planning. (BF) - Open Space&Recreation Committee meeting—revising the plan—about 1/3 of the way through 7:15 P.M. COOK ESTATE, UNIT 27 — 27 ELDREDGE LANE—REQUEST TO RELEASE LOT & REQUEST FOR WAIVERS OF CERTAIN CONDITIONS INCLUDING SIDEWALKS AND SIGNAGE. In attendance to represent agenda item: Attorney Richard Henderson Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • CDI 04/07/17 memo re: Lot 27,27 Eldredge Lane Lot Release and Punchlist, date stamped: 04/07/17 - Conservation Restriction has been with BOS for 6 years waiting for signatures - Water Easement—signed and recorded easement Drainage Basin"C"—BOS wanted license,not easement. Decision was amended and recorded—license exists. Cook Estate Residents/Board of Trustees: - Do not want sidewalks—Board does not think removing requirement for sidewalks within the Estate is an issue - Do not want signs—want only 1 sign at entrance stating no parking on any street&20 MPH speed limit - Do not want painting on streets within the Cook Estate - Installed berms instead of granite curbing and would like to keep the berms—Modzelewski OK with it. Punchlist Construction Items: - Sidewalks: discussed, could be minor modification - Curbs: discussed,could be a minor modification - Drainage: relatively minor - Signage: could be minor modification—update of signs to be submitted - Few more trees needed - Seeding bare areas needed - As-Builts: need to be updated and submitted Board wants to hold off on vote to release unit#27 until Trustees submit letter requesting a modification(s). 7:40 P.M. CEDAR STREET LANDFILL SOLAR ARRAY - VOTE ON REQUEST FOR MODIFICATION In attendance to represent agenda item: Scott Kaplan,CohSolar LLC Planning Board Meeting APPROVED MINUTES 2 of 4 April 12,2017 Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • CDI 04/03/17 memo recommending the PV panels and foundation substitution be considered minor modification, date stamped: 04/03/17 • 03/16/17 Email from Gordon Deane with weight/surface calculations attached • CDI 03/20/17 email stating that weight/surface calcs are acceptable • CohSolar LLC 03/06/17 request for minor modification, date stamped: 03/07/17 • CohSolar 02/28/17 Kaplan email with Weston & Sampson regarding substitution racking system, date stamped 02/28/17 • Building Permit 17-054 plans Site Plan 1,2,3,4 prepared by Game Change Solar, dated: 02/14/17, date stamped 03/07/17 • Building Permit 17-054 plans T-1, G-1, PV-1, E-1, E-2, E-3, E-4, E-5, E-6, D-1, D-2, prepared byAEC Solar, dated 02/25/17, date Stamped: 03/07/17 • Initial Construction Control Document, Eric T.McLean, dated: 02/28/17 date stamped: 03/07/17 Modzelewski recommended Board consider this a minor modification MOTION: By Member Drinan to approve change in the power unit and racking as a minor modification SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES 7:43 P.M. TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE OF THE MEETING • SCITUATE HILL APRIL 24,2017 DEADLINE FOR AMENDMENT (COMPLETION) At 03/08/17 meeting, the date for completion of the work was extended to 04/24/17. The next scheduled Planning Board meeting date is actually 04/26/17 . Board wanted to extend the April 24 deadline to the April 26rh meeting. MOTION: By Member Drinan to extend the April 24,2017 deadline to April 26,2017 SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES 7:45 P.M. ANNUAL TOWN MEETING ARTICLE 17 — TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS - PUBLIC HEARING (BF)read Notice of Public Hearing. Materials and documents submitted,utilized at this meeting (On file in Planning Board Office • Notice of Public Hearing with article attached, date stamped: 03/22/17 • Copy of Article 17 as forwarded by Board of Selectmen Town Counsel explained that this proposed article was based on the bylaw amendment approved by the Attorney General's office pending issuance of regulations by the State(target is March,2018) MOTION: By Member Dickey to recommend approval at Town Meeting SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 7:48 P.M. CONTINUED PUBLIC HEARING — PROPOSED CITIZENS' PETITION ZONING BYLAW AMENDMENTS FOR MAY 1,2017 ANNUAL TOWN MEETING • ARTICLE D: AMEND SECTION 11 - REGULATIONS GOVERNING EARTH REMOVAL In attendance to represent agenda item: Tom Callahan,Rick Swanborg Materials and documents submitted,utilized at this meeting (On file in Planning Board Office - ZBA comments on Large Home Review and on Land Alteration, date stamped: 04/03/17 - Member Samuelson comments(with Amendment as of 03/16/17), date stamped: 04/05/17 - Member Potter comments via 03/24/17 email and edits to version after 03/22/17 meeting - Member Samuelson comments re: Potter 03/24/17 email - Article D: New Land Alteration Regulations,version after 03/22/17 meeting, date stamped: 04/03/17 - 04/10/17 memo from Citizens for Cohasset's Future, date stamped: 04/10/17 with Research on Land Alteration Bylaws attached. - 04/12/17 Email from Andrea Bross requesting Planning Board support of this article, date stamped: 04/12/17 This is now numbered as Article 28 in the warrant. Callahan explained that the version date stamped 03/24/17 before the Planning Board tonight incorporates comments received from members DD,EP and CS (who noted that Planning Board Meeting APPROVED MINUTES 3 of 4 April 12,2017 the bylaw is very similar to Rockport's). This version represents amendments to be brought to the floor of Town Meeting. This version contains new section 11.8, Enforcement; Section 11.3.H clarifies "grandfathering" exemption; 11.4.A adds accessory structure consideration; 11.4.13 clarifies 10 cubic yards per. 15,000 sq.ft. of lot area; HAT removed reference to wildlife habitat; 11.6.B clarified avoidance of adverse impacts. When brought to Conservation Commission, they did a two-step vote: one vote on original article and one vote on amended article that will be on floor of Town Mtg. In both cases, Conservation voted 6-0. Town Counsel—under Chapter 40A, Section 5, Board is making a recommendation of the proposed article or as amended — in his opinion, Board should make a recommendation on one of the articles —the original or the amended. (DD) thought it more rationale to vote on the amended language. Public Comments: Mark Bross, 11 Deep Run: had question about the 1 LA of the amendment, line 3 — about utility work "or expansion". Callahan noted that expansion reference is only for utility work. Ron Goldberg, 15 Nichols Rd.: _re: 11.1. He has seen some lots where some lots have junk trees etc. all over the lot—are these supposed to be preserved? Swanborg—this is targeted to massive clearing and clear cutting as done at 75 NicholsRd. (CB) - purpose of this section is general—it describes intent of the bylaw. Goldberg is bothered by the language—who is the person/organization deciding the appropriateness of the clearing? Elaine Breslow, 714 Jerusalem Rd.: would invite people to the top of Howe Rd. to see an example of a lot that completely decimated ledge by its removal and by the removal of all trees. Many areas within Town are affected changing the climate and aesthetics of those areas of Town — this addresses the clear cutting of trees and the removal by blasting of ledge entirely on these lots. (CB)—intent is to make people more sensitive in development. Briscoe Rodgers, 68A Nichols Rd.: strongly in favor of the proposed changes —trees can grow back, but in 1,000 years,rock/ledge that was removed will still be gone - we should work to protect Cohasset now. Steve Camardo, 34 Windy Hill Rd.: even if we disagree with parts of the bylaw, we have to vote the whole thing up or down? Is that correct? Callahan explained that the 2004 Master Plan stressed protecting the character of the Town. Development should be in conformity with the lot as opposed to the lot conforming to the development. 11.3.0 percentages are triggers in terms of grade change etc. which would require review. If person has valid reason for exceeding the limits,they must apply for a special permit. Susan Playfair, 249 Jerusalem Rd.: The intent of this bylaw is to send a message that the Town cares — so it becomes slightly more difficult(for people) to come into Town and do whatever they want. Jennifer Boylan, 45 Sohier St.: curious about some of the language —how clearing is defined. Proponents used the definition of"clearing"from the Wetlands Regulations (taking trees down to the ground). Planning Board Member comments: (MD): this is a big change from the status quo — makes him leery — very complex — might have unforeseen consequences—real life examples may show it needs tweaking via Town Meeting- gives him some comfort level. (DD): he believes it has been tweaked quite a bit — the intent is sound — had some concern about unintended consequences but he can live with it as it is now. (BF): triggers are too quick— 10 cu.yds. is not a lot - could be complicated—is well intentioned—will evolve to common sense, practical approach to applying it.. (CB): the way the amended language has evolved, it is a fair balance between individual landowners rights and the rights of the citizens of Cohasset. Maybe a leap of faith as to how it is going to work. MOTION: By Member Drinan to recommend approval of this article as amended SECOND: Member Dickey VOTE: 3—1 (Member BF opposed) MOTION CARRIES MOTION: By Member Frazier to close the public hearing SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES 8:30 P.M. ADMINISTRATION - VOTE TO APPROVE MARCH 22,2017 MEETING MINUTES MOTION: By Member Drinan to approve the March 22, 2017 meeting minutes SECOND: Member Dickey VOTE: 4—0 MOTION CARRIES - VOTE TO APPROVE PAYROLL FOR PERIOD ENDING APRIL 2, 2017 Planning Board Meeting APPROVED MINUTES 4 of 4 April 12,2017 MOTION: By Member Frazier to approve payroll for period ending April 2, 2017 SECOND: Member Drinan VOTE: 4-0 MOTION CARRIES - VOTE TO RATIFY C.BREWER SIGNATURE ON INVOICES: o CDI Inv.#458 Cedar St.Landfill Solar $ 2,400.00 o CDI Inv.#459 SSG/Scituate Hill Lot 1 $ 880.00 o CDI Inv.#460 Scituate Hill Subdivision $ 1,040.00 o CDI Inv.#461 Cook Estate $ 480.00 o CDI Inv.#462 8 James Lane/2 Pleasant St. $ 2,240.00 MOTION: By Member Drinan to ratify C.Brewer signature on above cited invoices SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES 8:35 P.M. TOPICS NOT REASONABLY ANTICIPATED BY THE CHAIR 48 HOURS IN ADVANCE OF THE MEETING • BOS SPONSORED SCENIC ROADS BYLAW—NOW ARTICLE#27 IN WARRANT. Both BOS and Advisory unanimously recommended that the Citizen's Petition version of Scenic Rds. (now article #29 in warrant) be indefinitely postponed. The BOS then made six minor, word smithing edits which did not change the intent of the proposed bylaw and, then sponsored the editied version as a BOS article. While not asked to hold a public hearing on the BOS version (and, since it is a General Bylaw, not a Zoning Bylaw), the Planning Board wanted to weigh in on the edited version in case they were asked to do so at Town Meeting. MOTION: By Member Drinan to recommend approval of the amended BOS language on Scenic Roads SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES • PUBLIC COMMENT (5 MINUTES MAXIMUM) - none MOTION: By Member Drinan to adjourn at 8:40 PM SECOND: Member Frazier VOTE: 4-0 MOTION CARRIES NEXT MEETINGS: WEDNESDAY, APRIL 26, 2017 AT 7:00 P.M. MINUTES APPROVED: BRIAN FRAZIER,CLERK DATE: APRIL 26,2017