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HomeMy WebLinkAboutMinutes - PB - 12/15/2004 Planning Board Meeting 1 of 3 December 15,2004 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, DECEMBER 15,2004 TIME: 7:00 PM PLACE: COHASSET TOWN HALL—BASEMENT MEETING ROOM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred Moore, Chairman Peter J. Pratt,Vice Chairman Robert H. Sturdy Stuart Ivimey, Clerk Mike Westcott Board Members Absent: Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: Elizabeth B. Harrington, Town Planner MEETING CALLED TO ORDER AT: 7:15 PM 7:15 P.M. PLANNING BOARD ADMINISTRATION. • Approve December 1,2004 minutes MOTION: by Member Ivimey to approval December 1,2004 minutes SECOND: by Member Sturdy VOTE: 4—0 MOTION APPROVED • Vote to approve new form—"Request for Deposits" MOTION: by Member Pratt to accept new"Request for Deposits" form SECOND: by Member Ivimey VOTE: 4—0 MOTION APPROVED • Vote to approve increase Engineering Fees deposit in application filings MOTION: by Member Ivimey to move to increase Engineering Fee deposit to $5000.00 SECOND: by Member Sturdy VOTE: 4—0 MOTION APPROVED • Town Planner Harrington invited Planning Board Members to attend GIS Planning Meeting scheduled for December 20,2004 at 10:30 in Room 2B in the Town Hall. • Request by Member Sturdy to put discussion about amending Subdivision Rules&Regulations on January 5,2005 Planning Board Meeting agenda. 7:30 P.M. OX PASTURE LANE UPDATE Peter Baytarian and Attorney Robert Galvin present. Consolidated punch list given out(see punch list on file). Statement needs to be added to Homeowners' Association agreement that bi-annual inspection of bridge will commence on 04/15/05 and continue every other year thereafter. Copy of the inspection report is to be filed with the PB Office and Building Dept. Town Planner Harrington and John Modzelewski reviewed consolidated punch list items. John Modzelewski agreed with Baytarian's schedule of works date stamped 12/15/04. Streetlights are on. Some trees to be replaced by 04/15/05. Building Inspector Egan is satisfied with progress and work on common drive`B". Travel lane will be wider when work is completed. Guardrail is to be done on 12/17/04. Speed limit sign has been posted. Att. Galvin stated that under the Subdivision Control Law, the developer has the right to choose the type of security to be offered and the Board the authority to determine when that surety is released. Right now the Board is holding three lots(one with house on it has not yet been released)as security. The lots are worth approx. $1.5 million which is far beyond the cost to complete the roadway etc. Suggested that sometime in the future it might make sense to replace that security with some type of case or passbook security in order to secure the releases. Applicant would like to leave the lots as security right now and retain the flexibility they have under the statute. Member Moore feels more comfortable holding the release of lot with house already constructed on it. Member Pratt likes the liquid nature of seeing $120,000 - $150,000 posted as surety as he does not think the Planning Board Meeting 2 of 3 December 15,2004 Town wants to be in the real estate business. He feels the applicant can borrow this amount for 6—9 months for relatively cheap interest. Member Sturdy is concerned that if the bank exercised a right of foreclosure that the covenant would be killed and would like to see tripartite agreement with existing bank and loans—dedicating some funding to road completion. Att. Galvin wants to look at Civil Designs' estimate of cost to complete work as it may make more sense to give the Town cash. Civil Designs' informal estimate of cost to complete work is $160,000 but will work up formal estimate for 01/05/05 PB Meeting. Town Planner Harrington will ask Town Counsel to work with Applicant's Counsel to work up agreement. Draft letter to Town Clerk will remain draft and not be filed on 12/16/04. At 01/05/05 meeting, all agreements will be ready to sign with items to be completed by 06/15/05 and will be referenced into agreement. Ox Pasture Lane update will be continued at 01/05/05 Planning Board Meeting at time to be determined. MOTION: By Member Ivimey to withdraw motion made at December 1,2004 Planning Board meeting that unless all punch list items regarding work needed to be complete on the Ox Pasture Lane Subdivision are completed by the December 15,2004 Planning Board meeting,the Planning Board will be prepared to take all appropriate means to terminate construction on the project immediately due to the failure of the builder to comply with the Subdivision Approval signed by this Board on October 4,2000. In addition, the Planning Board is going to require that the builder present a Performance Bond at this time through the completion of the project if the same terms are not met. SECOND: By Member Pratt VOTE: 5—0 MOTION APPROVED 8:15 P.M. HIGHLAND ESTATES—CONTINUED PUBLIC HEARING Mr.Nader,Attorney Walter Sullivan,Neil Murphy and Frank Holmes in attendance to represent application. Among consultants there are not issues with design, some issues with implementation. Member Moore noted that 40' is required width of land for subdivisions. Member Sturdy noted that lots 5 &4 do not meet zoning bylaw area requirements,that the cul-de-sac is not part of the road layout and that the road goes off the sheet which is not acceptable. Neil Murphy noted that lot 5 can be made larger by taking from lot 4 and lot 14 can be made larger by taking from lot 12. Member Moore suggested redrawing lots and not having road open-ended. Member Sturdy also noted that people who buy into a subdivision do so with the understanding that there will not be through traffic. If there is any plan to expand it,it would have to be shown on plans now. Member Moore further stated that the Board is in unanimous agreement that any type of extension of this subdivision in the future is not possible and plans must reflect no open-endedness to allow building off it. Member Sturdy noted that this is more like a cluster development that a typical subdivision as there are maintenance issues that will require the financial support of the Homeowners' Association. Member Moore noted that Kenney house is preexisting non-conforming,that building the road makes it more con-conforming, and that the subdivision road is on the lot line of the Kenney property,questioning if this is an issue. Town Planner Harrington noted that the Kenneys could be accommodated on the other side by shifting the easement and roadway. Stephanie Thieleman,43 Beechwood St., asked if there has been any discussion about moving roadway that goes through rock outcropping to minimize blasting to which Mr.Nader noted that ledge will be diminished by chipping rather than blasting. Member Ivimey asked if an asphalt roadway can be installed due to how wet the area is. Neil Murphy stated that roadway can absolutely be installed with the planned drainage. Frank Holmes,Drainage Consultant noted that the openings in curbs will allow drainage to flow into infiltration systems(grates will be included to catch leaves etc.). Member Sturdy noted that this will have to be addressed in a maintenance manual. Neil Murphy noted that no one can consider what the MBTA will do because the MBTA has not yet decided what they are going to do. He further noted that the 100 year flood charts indicate that Mealy's Pond will flood Beechwood St. and that the planned drainage,redirection of flow etc. of this project will improve the entire area. MOTION: by Member Sturdy to close the public hearing SECOND: by Member Pratt VOTE: 5—0 MOTION APPROVED John Modzelewski noted that he was concerned about drainage—particularly at Kenney's property but his concerns have been addressed and all drainage designs have been fine tuned although he would like grades on the land behind Kenney. He further noted that the applicant has agreed to address all concerns outlined in his 12/15/04 memo. Member Sturdy wanted a new set of plans incorporating topics discussed at this meeting. Member Moore noted that the new material must be received by 12/28/04 for the 01/05/05 meeting. Attorney Planning Board Meeting 3 of 3 December 15,2004 Sullivan will provide Town Planner Harrington with information about all easements. Highland Estates will be put on the Planning Board Meeting agenda for 01105105,time to be determined(approx. 8:30 PM). 9:30 P.M. 132 CJC HIGHWAY REDEVELOPMENT—INFORMAL DISCUSSION Tom Powers not present, item was not covered. 9:35 P.M. MASTER PLAN At the request of Rick Swanborg, discussion of the Master Plan was postponed until he could attend. 9:40 P.M. David Calhoun,King Taylor LLC, informed the Planning Board that Cedarmere will be submitting for the Governor's 2005 Smart Growth Awards. Major smart growth features of the project include: location between two Greenbush Stations; developed with the Town's Senior By-law and Master Plan;Preservation of open space; density planned;respect for the character of the Town; 25%of the development is affordable; provision of transportation options; design to maximize wetland preservation and increase the quality and quantity of natural resources; onsite, innovative wastewater treatment program; energy efficient homes;product that enables Cohasset to improve tax revenues without additional burdens to existing infrastructure;project which retains one of Cohasset's most vital resources—its Senior Citizens. MOTION: by Member Westcott to adjourn SECOND: by Member Pratt VOTE: 5—0 MOTION APPROVED MEETING ADJOURNED AT: 10:15 P.M. NEXT MEETING: January 5,2005 at 7:00 P.M. MINUTES APPROVED: DATE: