HomeMy WebLinkAboutMinutes - PB - 06/04/2014 Planning Board Meeting APPROVED MINUTES 1 of 5
June 4,2014
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY, JUNE 4,2014
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
Mathew Munnes, South Shore Carwash — project update: Tanks came in late — some tanks had holes in wrong
places and had to be corrected. Ready to put in foundation. Moving ahead next week. Financing was approved —
ironing out some language between landlord and bank.
7:07 P.M. 735 (OWNER: CASH) & 729 JERUSALEM RD. (OWNER CONDON) — FORM A
APPLICATION FOR SMALL LAND SWAP
In attendance to represent application: John Cavanaro,Cavanaro Consulting.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Form A application and Planning Board Statement of Litigation Policy signed by Condon, date stamped
06/04/14
• Form A application and Planning Board Statement of Litigation Policy signed by Cash, date stamped 06/04/14
• Plan of land POL,prepared by Cavanaro Consulting, Inc. dated: 05/23/14
Simple, amicable land swap. Both lots are non-conforming— one due to area, one due to set-backs. Land swap
makes both lots less non-conforming.
MOTION: By Member Brewer to endorse the Form A as presented at this meeting.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
7:05 P.M. ADMINISTRATION
- VOTE TO APPROVE MAY 28, 2014 MEETING MINUTES
MOTION: By Member Brewer to approve the May 28,2014 minutes
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES (1 Abstain—Samuelson not at May 28 meeting)
- VOTE TO APPROVE PAYROLL FOR PERIOD ENDING JUNE 1, 2014
MOTION: By Member Brewer to approve the payroll for period ending June 1,2014
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 2 of 5
June 4,2014
- VOTE TO RATIFY S.IVIMEY SIGNATURE ON INVOICES: no invoices
- PLANNING BOARD REORGANIZATION
MOTION: By Member Dickey to nominate Member Ivimey to continue as Chair
SECOND: Member Drinan
VOTE: 4—0 MOTION CARRIES (Ivimey abstained)
MOTION: By Member Ivimey to nominate Member Brewer to continue as Vice Chair
SECOND: Member Dickey
VOTE: 4—0 MOTION CARRIES (Brewer abstained)
MOTION: By Member Ivimey to nominate Member Samuelson to continue as Clerk
SECOND: Member Dickey
VOTE: 4—0 MOTION CARRIES (Samuelson abstained)
7:15 P.M. COOK ESTATE—REQUEST FOR RELEASE OF UNITS 8 AND 13 FROM COVENANT
In attendance to represent application: Attorney Richard Henderson; John McDonough,Abbott Development.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office
• Civil Designs Inc. 06/04/14 memo re: 06/03/14 Site Visit,with Final Task Schedule attached.
Modzelewski is agreeable to releasing Lots 8 & 13 with conditions.
McDonough: Abbott is OK with the shorter conditions relative to Lots 8 & 13, but do have concerns about the
longer term conditions — it is harder to commit to the longer term conditions because they can only estimate when
the project completion will occur so it is hard to commit to the final paving as of a specific date.
Modzelewski: there are 27 lots—would like a way to make the completion of ways and site work contingent upon
the release of the 23 lot—this gets the subdivision complete and there are homeowners who have been living there
for 3 years without a roadway with a top course on it-all developers comment that construction trucks will damage
topcoat—he does not have sympathy for that —if road gets torn up by construction vehicles, it can be fixed. Loam
and seed could be done on lots although he is OK with mulch until final construction.
McDonough: Abbott's preference is to do topcoat at the end when they have finished digging foundations—unlike
Toll Bros. development, houses in the Cook Estate are being built throughout the development,not in sections.
Ivimey: All items on final task schedule to be completed by October 31,2014 except:
1. Final paving will be done by September, 2015 or the 75%lot release (21st lot) whichever comes first
2. Finish loam& seeding around un-built lots
3. As-builts plans
MOTION: By Member Drinan to release lots 8& 13 with the following conditions: All items on final task
schedule dated June 3,2014 to be completed by October 31,2014 except:
1. Final paving to be done by September 30,2015 or the 75% lot release(21"lot)whichever comes first
2. Finish loam& seeding around un-built lots
3. As-builts plans
SECOND: Member Brewer
VOTE: 5—0 MOTION CARRIES
Items on the final task sheet dated June 3, 2014 with completion dates before September, 2014 will still be
completed as per the Final Task Schedule. Lot 8 & 13 lot releases signed by Board and notarized by Henderson.
• PUBLIC COMMENT (5 MINUTES MAXIMUM) -none
730 P.M. 71,83 AND 85 SO.MAIN ST., RED LION INN—VILLAGE BUSINESS DISTRICT SPECIAL
PERMIT AND SITE PLAN REVIEW CONTINUED PUBLIC HEARING. APPL: CARP, LYNCH &
SANDELL. VOTE TO POSTPONE AND CONTINUE TO SEPTEMBER 10, 2014 AT 7.30 PM AT THE
REQUEST OF THE APPLICANT.
MOTION: By Member Brewer to postpone& continue to 09/10/14 at 7:30 PM as requested by applicant
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
Planning Board Meeting APPROVED MINUTES 3 of 5
June 4,2014
7:31 P.M. MANOR WAY CIRCLE - RCDD APPLICATION TO MODIFY EXISTING
DEFINITIVE SUBDIVISION APPROVAL TO A RCDD — CONTINUED PUBLIC HEARING. APPL:
MATTHEW SHANLEY&RHONDA KALLMAN
In attendance to represent application: Attorney Richard Henderson; Applicant Matthew Shanley; Mark Flaherty,
Flaherty& Stefan.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Residential Cluster Development Application for District Special Permit, date stamped: 04/29/14
• Application for Approval of Definitive Plan, date stamped 04/29/14
• Project narrative prepared by Attorney Richard A. Henderson, dated 04/30/14
• Narrative Report & Checklist prepared by Mark M. Flaherty, Flaherty& Stefani, Inc., dated 04/14/14
• Stormwater Report for Proposed Cluster Development, prepared by Flaherty & Stefani, Inc., dated
04/11/14
• Paul Shea, Conservation Commission, date stamped: 05/08/14
• Carl Sestito, DPW comments, date stamped: 05/14/14
• Carl Hillstrom, Water Dept., date stamped 05/21/14
• Civil Designs review and comments on 04/29/14 submittals, dated: 05/21/14
• Civil Designs review of RCDD Rules &Regulations checklist, dated: 05/22/14
• Felix Zemel, Board of Health, via email 05/22/14
• Woody Chittick, ZBA, date stamped: 05/28/14
• Jonathan Gabriel, 3 Mendel Rd., abutter email dated: 05/28/14
• Jennifer Brennan Oram letter on behalf of parents, 2 Mendel Rd., dated: 05/28/14
• Diane Hindley, Sewer Commission, date stamped: 06/02/14
• Flaherty& Stefani, Inc. 06/04/14 response to Civil Designs 05/21/14 comments
• Plan revisions dated: June 4, 2014
Henderson: This is a 3 prong application:
1. Request for a cluster development under Section 10 of the zoning bylaw
2. Include the already approved subdivision
3. Request to strike amendment to the subdivision plan which was granted several years ago
This subdivision was approved and exists as Manor Way which stands as evidence that the lot qualifies as
a conventional subdivision as required by the zoning bylaw. Lot 1 has been added back to the plan so it is
essentially the same as the approval that exists.
Applicant is asking the Board to amend a previously approved subdivision by relocating the houses and
redesigning the infrastructure to fit the relocated houses.
Only waivers relate to the width of the road - requesting 18 ft. road with 2.5 ft. shoulders and 12 inch
Cape Cod berm and asking for waiver of the sidewalks because of the size of the neighborhhood.
Ivimey: waivers should be submitted to the Board in writing.
Flaherty: distributed revised plans. Explained existing conditions. Plan is for 5 single family homes on
the 300 ft. extension off Walnut Hill Rd. into a hammer head turnaround. Addressed CDI 06/04/14
comments. The one single lot is going to be 15 acres — all houses will be on a single lot. Creating
easement that would be a sedimentation pond to a detention pond. Hammerhead is based on Plymouth
hammerhead template. Do not feel 5 cluster homes justify a sidewalk. Homes will have 2 car garage and
driveways will line up with garages. Hydrant will be at end of hammerhead.
Easement should be entered into the record.
Shanley: showed architectural design. Cedarmere style, 2200-2400 sq.ft. cottage homes; duplicate of
home Shanley built at 100 Pond St.; 3 bedroom; open floor plan; 2 small bedrms up; $835,000 price point.
Brewer would like to see how actual floor plans fit on the site.
Henderson will:
Planning Board Meeting APPROVED MINUTES 4 of 5
June 4,2014
• have all maintenance requirements in a Trust;
• submit the Homeowners'Association:
• submit docs about approved common septic system;and, easement between Cedarmere and Calhoun.
Henderson would also prefer to see the dotted lines to define the land appurtenant to each dwelling with the rest
being common—this will clearly identify what land is common and what land is unique.
Modzelewski: needs time to review the plans just distributed. Has to think about the sidewalk and width of
driveway and hammerhead in driveway. Modzelewski always likes to see separation between pedestrian and
vehicular traffic and thinks the wider the pavement is, the less the curse is. Cook Estate homes are about 24 ft.
between houses and this is about the same although he would like to see the actual footprint.
Shanley wants road to be like a country lane that blends with surroundings—does not want to see a lot of asphalt.
Brewer: Subdivision Control Law requires sidewalks on both sides. Rather than waive sidewalks totally, he
would prefer to see a sidewalk on one side that connects to Toll Bros. sidewalk and waive the sidewalk on the
other side to separate vehicle and pedestrian traffic—a sidewalk on one side is not particularly burdensome.
Shanley has a fee simple in the strip of land (to So. Main St.) and wants to maintain ownership rights of the strip—
it will appurtenant to Lot#1 —Shanley's lot- to be used as walking path.
Ivimey suggests that the term"way" or any other reference to this strip of land be removed from the plan and just
be considered part of Lot #1. Ivimey does not want to open the opportunity for lots to be Form A'd off of Castle
Rd. Henderson explained that this cannot happen because it does not meet any of the criteria that would allow this:
it is not a public way dedicated to public use and accepted as a public way, it has to be a way in existence prior to
the adoption of subdivision control law to which the Town Clerk has certified that it is used and maintained as a
public way and, there is no such certification at the Registry of Deeds; it has to be a way shown on a plan as an
approved subdivision way—which it is not; and, last, it has to be a way which, in the opinion of this Board, has
adequate width, grade and suitable construction for the intended purpose - the Board would have to make the
decision that it is a legal way—so the Board has the power and discretion since it is not one of the first three.
Henderson also noted that once the lots and common land are created, they remain as such in perpetuity and
cannot be subdivided. Section 10 also requires a conservation restriction that the developer will dedicate land as
open land for public purposes for the community and will not be used for non-common purposes.
Ivimey wants to see what will be implemented to differentiate this neighborhood from Toll Bros. neighborhood
so public does not drive up Manor Way thinking it is part of Toll Bros. Shanley plans to rebuild the stone pillars.
Modzelewski wants to see actual roadway layout on plan.
MOTION: By Member Brewer to continue the public hearing to July 9, 2014 at 6:30 PM with all
documents submitted by June 25,2014.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
9:30 P.M. REVIEW OF SUBDDIVISION RULES & REGULATIONS
In attendance: Town Counsel Richard Hucksam; John Modzelewski, Civil Designs Inc.
Materials and documents submitted,utilized at this meeting (On file in Planning Board Office):
• Hucksam 06/02/14 email with proposed revisions
• Modzelewski 06/04/18 email with comments
Board reviewed both documents for final revisions to Subdivision Rules &Regs. See each document.
Discussion about fees tabled -to be discussed at later date.
Regs can still be updated and amended if fee schedule is changed.
Electronic submissions to be .pdf's for all documents and DWG for final as-builts to capture GIS information
MOTION: By Member Dickey to adjourn at 10:30 P.M.
SECOND: Member Drinan
VOTE: 5—0 MOTION CARRIES
NEXT MEETING: WEDNESDAY, JUNE 18, 2014 AT 7:00 P.M.
Planning Board Meeting APPROVED MINUTES 5 of 5
June 4,2014
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: JULY 9,2014