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HomeMy WebLinkAboutMinutes - PB - 12/14/2005 Planning Board Meeting 1 of 5 December 14,2005 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, DECEMBER 14, 2005 TIME: 7:00 PM PLACE: COHASSET TOWN HALL—LOWER LEVEL MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Stuart Ivimey, Clerk Peter J. Pratt, Vice Chairman Robert Sturdy Mike Westcott Board Members Absent: Alfred Moore, Chairman Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: Elizabeth B. Harrington MEETING CALLED TO ORDER AT: 7:04 PM MEETING CHAIRED BY PETER J. PRATT,VICE CHAIRMAN 7:04 P.M. 150 NO. MAIN STREET—LARGE HOME REVIEW FOLLOW-UP Abutters Christopher and Kimberly McGowan's stated concern that a certificate of occupancy was issued and an "Apartment for Rent" sign posted at this property without Planning Board final approval of the driveway drainage issues. Owner, Steve Bjorklund outlined work done at the property including: • elevation of front parking spots to drain away from the McGowan property, towards the Bjorklund property • installation of swale lined with rubber roofing type of liner • connection of drain from McGowan's house into the Swale • installation of stone dust on top of the driveway surface Bjorklund stated that the only remaining issue is a small puddle in one parking space, however, despite this, water continues to drain towards Bjorklund's property, not the McGowan property. John Modzelewski confirmed that this was his only outstanding concern. Modzelewski further explained that although the puddle does not present any harm to the McGowan property, Mr. Bjorklund stated at a Planning Board meeting that he would do the minor regarding and correct the situation and, he should do so.The McGowan's commented that their concern is that the outlined process has not been followed and that the drainage has not been corrected. The McGowan's understanding was that the final drainage plan (with Mr. Modzelewski's recommendations as outline in his 10/27/05 correspondence) had to be approved,voted on and signed off on by the Planning Board and that this has yet to be done. However, certificates of occupancy have been issued and an "Apartment for Rent" sign posted. Mr. McGowan requested that the certificates of occupancy be terminated and the "for rent" sign removed until the drainage has been corrected, approved and signed off on by the Planning Board. Planning Board Member Peter Pratt conveyed a discussion Building Commissioner Egan (which was conveyed to the McGowan's in Egan's 12/07/05 letter) in which he stated that while the regrading was an issue to be completed, it did not rise to the level of withholding a certificate of occupancy. Without the benefit of Town Counsel opinion,the Planning Board felt it does not have the power to terminate a certificate of occupancy they did not issue. Member Sturdy strongly stated that rules should be taken literally, that it is incumbent upon the Town to stick to the letter of the process, and,that certificates of occupancy should not be issued until everything is completed. MOTION: by Member Sturdy to insist that permits issued by the Planning Board should be strictly carried out and signed off by the Planning Board, as is required, before C of O's are issued. SECOND: Member Ivimey VOTE: 4—0 MOTION CARRIES Once regrading is complete and an inspection takes place or, as Egan suggested in his 12/070, photographs are submitted showing that the area pitches towards the Bjorklund property,the Planning Board will vote to accept Planning Board Meeting 2 of 5 December 14,2005 the drainage plans. It was reiterated that even though the Planning Board feels the C of O was erroneously issued, the Board does not have the power to terminate the certificate and that if the McGowans feel aggrieved,they have the option of addressing the issue through the chain of command or via the Board of Appeals. 7:29 P.M. POWERS LANE Member Ivimey thanked Mr. Powers for completing Powers Lane paving. 7:30 P.M. CASTLE ROAD(215 SO. MAIN ST.) DEFINITIVE SUBDIVISION PUBLIC HEARING,APP: DAVID CALHOUN, KING TAYLOR COHASSET, LLC,date stamped: 11/29/05 Member Ivimey read public hearing ad. David Calhoun &Tom Ragno, King Taylor Cohasset LLC; Engineers Neil Murphy&Sean McCarthy;Architect Jim Sandell; Att. Walter Sullivan represented application.Jim Sandell: access is through Cedarmere &Castle Road to S. Main St. In addition to existing former Flint home, 5 new homes will be built on 40,000 to 80,000 SF lots based on topography. High point slopes from elev. 60 to elev. 100 at lowest point. Driveways off cul-de-sac. Homes designed to take advantage of existing slope. John Modzelewski, Civil Designs: commented only on completeness—did not receive plans in time to comment on drainage, offer engineering judgments or conduct site visit. He suggested Planning Board review include: frontage for lots; length of dead end; deeded access to make sure owners have right to use; what happens to roadway if Cedarmere fails; snowplowing; width of Cedarmere roadway which is slightly below typical subdivision standards; timing—what happens if Cedarmere doesn't build its roadway—is existing adequate?; drainage; sewerage; traffic. Board comments: Member Sturdy addressed frontage and roads—frontage is being taken off So. Main St. which would imply a full subdivision road is being built from So. Main.The secondary access through Cedarmere can be used as access but not frontage. Lot 6 cannot be part of the road as shown on the plan. Mr. Ragno noted they have an access easement through Cedarmere and that the end of the Cedarmere road will be widened at King Taylor expense. Att. Sullivan to provide Board with opinion letter and copies of easements and title before next meeting. Modzelewski requested that Att. Sullivan include a Certificate of Title and deed for the property. Member Sturdy and applicants to review Castle Road use as access and frontage for lots 5, 6 so less of a porkchop exists. Abutter comments: Chris Deligniannidis, 211 So. Main St. expressed concern about the increased in number of cars traveling Castle Road to So. Main St. Susan Kent, 3 Mendel Road addressed concern that former Flint property maybe a source of the fuel oil release which is migrating downhill to Mendel Road properties. She stated that neither Flint nor King Taylor has agreed to allow them access to determine the source of the fuel. (Member Pratt requested that the watershed protection boundary be added to the locus.) Mr. Ragno stated that the DEP thinks it is unlikely their property is the source of the contamination. Mark Brennan, 2 Mendel Road, noted that MBTA is installing a 12' wide private crossing at end of Castle Road anticipating serving only Deligniannidis and asked if King Taylor has been in communication with the MBTA about his proposed access use. He also pointed out that if fuel is being released from the former Flint property, it could contaminate Lily Pond. Last, he believes there are errors in the property survey. Member Pratt pointed out that the Planning Board may not have jurisdiction to arbitrate on this issue, but ConComm, BOH and the Water Commission could/should address it. Member Ivimey stated that he would be uncomfortable approving a permit for property that could potentially pollute the water supply.John Modzelewski felt the preamble to the Subdivision Rules & Regs. implies responsibility to public health and safety. Member Westcott requested informal site visit and possibly visit to Mendel Rd. Member Pratt wants visit posted as open meeting that public can attend. King Taylor to provide waivers for all attendees to sign. MOTION: by Member Ivimey to continue the public hearing to 01/07/06 at 10:00 AM at the former Flint property/Castle Rd. site provided the applicant allows public access to his property and acknowledging that the applicant has a right to require members of the public to execute a release and meeting to be cancelled if there is no quorum and continued it to 01/11/06. SECOND: Member Westcott VOTE: 3 - 1 MOTION CARRIES (Member Sturdy opposed) 8:35 P.M. 825 CJC HIGHWAY,JOSEPH'S HARDWARE SITE PLAN REVIEW, CONTINUED PUBLIC HEARING, APP/OWNER: PARCEL TWO REALTY TRUST, date stamped: 11/01/05 (30 day deadline to open public hearing Planning Board Meeting 3 of 5 December 14,2005 = 11/30/05)Appl.Joseph, Eng.John Cavanaro,Arch. Blake Auchincloss and Steven Noonan in attendance to represent application. Latest revised set of plans addressing John Modzelewski comments delivered today, Modzelewski did not have time to review. New information included: soil information; hydrants; expanded footprint to 60' x 90' to accommodate farmer's porch; added 2 curb cuts with circulation pattern that connects two curb cuts; sign to be moved to center of green space—sign will be the same as it is now(Member Sturdy requested drawings of sign); mechanicals to be raised, on center of roof—not visible from ground (Member Sturdy wants this added to plans). Member Pratt wants to see external storage areas on plans. MOTION: by Member Sturdy to close public hearing. SECOND: Member Westcott VOTE: 3—0 MOTION CARRIES (Member Ivimey abstained) Member Sturdy asked applicant to send request for 30 day extension to Feb. 14, 2006. Decision will be drafted. 9:00 P.M. CEDARMERE—STATUS OF SUBDIVISION RESTRICTIONS Jim Smalanskas, Leggat McCall present. John Modzelewski noted that building permits have been issued so buildings are beginning and elevations etc. haven't been checked. Smalanskas, Egan and Town Planner Harrington to review on 12/21/05. MOTION: by Member Sturdy to for Member Sturdy to send memo to Town Manager and Building Inspector Bob Egan asking that resources be available to inspect Cedarmere construction. SECOND: Member Westcott VOTE: 4—0 MOTION CARRIES Cedarmere meeting with abutters on 01/12/06—invites Planning Board to attend. Other main status points covered: • Cedarmere attorneys created an umbrella condominium organization with two sub-condominium(1 for market rate and 1 for affordable unit building)to make sure the owners in the Westerly building will have control over the landscaping,parking etc. and not controlled by market rate owners. He will sent copy of the Westerly condominium to Planning Board office to be forwarded to Town Counsel for review. • Smalanskas will make sure recording info. is correct throughout the documentation. • Unit deeds will be fixed to have encumbrance as well as the overall condo association. • Landscaping, external building maintenance etc. should be addressed in the condominium does— Smalanskas will be check why it is not in now. Cedarmere attorneys will contact Town Counsel about this. • Technical issues will be discussed with and documentation will be sent directly to Town Counsel. Member Ivimey wants to be cautious not to upset anything with DHCD on LIP Application and interface with DHCD and make sure the umbrella condominium doe is OK with them. He asked Town Planner Harrington to make this highest priority and discuss with Town Manager. • After Harrington discussion with Town Manager, Cedarmere Attorney and Town Counsel will talk directly about the umbrella condominimum does. • Town Counsel had significant revision of Further Subdivision Restrictions. Town Counsel revision given to Smalanskas to forward to appropriate applicant attorneys. 9:35 P.M. DISCUSSION ABOUT"VILLAGE DISTRICT PLAN"AND RESULTS OF DECEMBER 10, 2005 "COHASSET VILLAGE AND DESIGN REVIEW AND DISCUSSION" FORUM AND DOWNTOWN VILLAGE REZONING DISCUSSION ABOUT PROCEDURE/LOGISTICS/TIME LINE TO MEET JANUARY 17, 2006 DEADLINE FOR SUBMISSION OF ARTICLES FOR APRIL 1, 2006 TOWN MEETING WARRANT Member Westcott highlighted the 3 major points that came out of the Downtown Village Forum conducted on Saturday, Dec. 10, 2005: 1. Look into how to take advantage of 1 acre parcel behind the Red Lion Inn for parking purposes and what that might mean to the Teen Center("Garage") 2. Look at conducting deeper design study to maximize opportunity in the Village on behalf of business owners—may need to find funding for study(CPC funding?) 3. Rezoning and look at relevant issues—Town Planner Harrington and Member Pratt to examine. Downtown Village, No. Cohasset Village and Beechwood are considered the same in terms of zoning and they shouldn't be. New district has to be created in the Downtown Village so changes can be made. Member Pratt suggested just focusing on the Downtown Village for now, addressing No. Cohasset and Beechwood at another time. Member Sturdy suggested, for the next Town Meeting, simply rezone as D131 and D132 to separate the two Planning Board Meeting 4 of 5 December 14,2005 and at a later time, address changes within each district—he thought that was enough to try to accomplish in one Town Meeting.Town Planner Harrington suggested this approach as a fall back, but start by reaching for more. MOTION: by Member Sturdy to submit an article to create DBI &DB2 with definitions to be determined. SECOND: Member Westcott VOTE: 4—0 MOTION CARRIES Zoning Advisory Committee Status (Subcommittee of Planning Board): Zoning bylaw changes for Town Warrant are due by 01/17/06. Member Pratt wants ZAC to meet. Has 1 representative from BOS,Planning Board, ZBA and two citizens as voting members, and,Bob Egan and Town Planner. Quorum of 5 voting members needed. Members listed on ZAC: Ben Lacy, ZBA; Al Moore,Planning Board; Veneta Roebuck, ConComm; Mark DeGiacomo and Richard Henderson as citizens; Bob Egan and Town Planner. Selectmen need to select representative. MOTION: by Member Westcott to write memo to relevant Boards and members of ZAC to hold one meeting prior to the end of year and second meeting in early January with the only outstanding question being who will represent the BOS. SECOND: Member Ivimey VOTE: 4—0 MOTION CARRIES 10:15 P.M. COOK ESTATE DISCUSSION—Member Sturdy expressed concern that the BOS need to issue RFP that includes preliminary plans. Member Westcott expressed concern that the project is no longer viable as the land is not worth the $4.5 million being asked. Suggestions the Planning Board would like to communicate to the BOS: • BOS meet with David Calhoun to review the Cedarmere filing, process,timeline • Milestones be build into RFP • All buildings be energy star rated • Points in Jim Shipsky audio tape on "Green Communities" be incorporated into RFP • Mixed use • Encourage maximum open space • Town owned land be sacrosanct 10:30 P.M. TOWN COUNSEL INPUT ON FORCLOSING ON LOTS Confusion arose from term "foreclosure" in relation to question of alternatives available when applicant is not fulfilling conditions. Foreclosure is not typical action in this situation. Member Ivimey to speak directly to Town Counsel to clarify. 10:35 P.M. ZBA RECS • LOT 2—BEACH ST.,APPEAL OF ZBA DECISION DATED 11/09/05—Great confusion exists with this application. ZBA Members do not agree among themselves as to how to handle. Planning Board felt there are too many unanswered questions for them to make recs but will attempt to review/offer opinions individually. 10:40 P.M. ADMINISTRATION • VOTE TO ACCEPT 11/30/05 PLANNING BOARD MINUTES MOTION: by Member Westcott to approve/accept 11/30/05 Planning Board Meeting Minutes. SECOND: Member Sturdy VOTE: 4—0 MOTION CARRIES • DISCUSSION—REVISION OF FEE/BUDGET SCHEDULES—Member Sturdy suggested further increases MOTION: by Member Ivimey to accept the amended fee schedule with the additional increased fees as suggested by Member Sturdy. SECOND: Member Westcott VOTE: 4—0 MOTION CARRIES • MASTER PLAN FINALIZATION-Town Planner Harrington indicated that,with funding commitment, she can work on finalizing Master Plan. She will compile list of priorities with input from the Board and present to Town Manager. MOTION: by Member Sturdy to adjourn. SECOND: Member Westcott VOTE: 4—0 MOTION CARRIES Planning Board Meeting 5 of 5 December 14,2005 MEETING ADJOURNED AT: 11:00 P.M. NEXT MEETING: Wednesday, January 11,2006, 7:00 P.M. MINUTES APPROVED: DATE: