HomeMy WebLinkAboutMinutes - PB - 01/01/2007 (9) Planning Board Meeting 1 of 3
January 24,2007
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY, JANUARY 24,2007
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
Stuart Ivimey, Clerk
Robert Sturdy
Board Members Absent: Mike Westcott
Recording Secretary Present: Jo-Ann M.Pilczak
MEETING CALLED TO ORDER AT: 7:15 P.M.
7:15 P.M. SPECIAL INTEREST TOPIC
• Board discussed litigation fee summary distributed by Town Manager. Town Manager is looking into whether
legal fees can be charge to applicant if an appeal is being made of a Planning Board decision in favor of the
applicant. Member Moore questioned why Town Counsel has been so active as to incur such high litigation fees.
Member Moore will meet with Town Manager.
• Member Pratt reviewed status of Scituate Hill Subdivision with DOT. DOT wants Scituate Hill to have bike and
pedestrian amenities linking their development into the MBTA station area. Pratt wanted to vote through John
Modzelewski's suggested final contractual changes to allow Scituate Hill to file mylars in Registry of Deeds. Pratt
also suggested that the Planning Board has to become involved again through John Modzelewski in the permitting
of the traffic signal at the King St. and Rt. 3A because Mass. Highway wants the Board involved. Mass. Hwy.
notes that we have 2 signals and sidewalks going in that the Commonwealth and a private development is paying
for. Pratt stated that he would like have John Modzelewski oversee and co-coordinate a meeting with the MBTA
liaison team, involve the necessary departments etc. Board agreed and suggested that Scituate Hill should pay for
Modzelewski's time related to the Scituate Hill portion of all this. Pratt also noted that even though this is a state
highway,the BOS will need to sign off and permit it at some point.
• Member Sturdy requested that two items be put on a future agenda for zoning articles for the Fall STM
1.) Amendment of the definition of roof/building height
2.) Amend rules ®s. so subdivision legal fees for appeals etc. can be included in a legal fees deposit
7:30 P.M. MANOR WAY DISCUSSION—Dave Calhoun and Tom Ragno of King Taylor in attendance. Judge
has remanded the appeal back to the Planning Board for the limited purpose of further considering the adequacy of
the access afforded by Castle Road and whether or not to impose or grant, if lawful and appropriate, either waivers
of the Board's Rules and Regulations, or conditions, concerning Castle Road and improvements or changes to its
current condition. Member Ivimey noted that the Board had to options: 1.)to reallow the public hearing only for
this issue by simply deliberating without allowing any new testimony or evidence to come into the record or,2.)
open the public record to allow evidence,testimony and documents that anyone would like to submit and then
render a decision on this sole issue. Town Counsel opinion (Member Ivimey agreed)that it would be most
appropriate to hold a public hearing thus providing the maximum opportunity for anyone opposed or in favor to be
heard. This would be best way to avoid situation where an aggrieved party might allege that their constitutional
rights were violated. Attorney for party who appealed, has no opinion, at this time, as to what type of hearing is
held,but asks that his client be in attendance when decision is rendered. Member Sturdy thought this issue had
been given an excessive amount of discussion and deliberation at the original hearings and would not want the
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January 24,2007
public to think that the Planning Board had overlooked something at the original hearings. Member Ivimey wanted
it clear in the record that the public hearing is not being"reopened"for new testimony.
MOTION: by Member Sturdy to hold a public hearing on February 13,2007 at 7:00 PM for the limited
purpose of further considering the adequacy of the access afforded by Castle Road and whether or not to
impose or grant,if lawful and appropriate,either waivers of the Board's Rules and Regulations,or
conditions,concerning Castle Road and improvements or changes to its current condition.
SECOND: Member Pratt
VOTE: 4—0 MOTION CARRIES
Public hearing will be held on Tuesday,February 13,2007 at 7:00 PM,with notice to abutters. Planning Board
Administrator will consult with Member Ivimey re: the wording of the advertisement.
8:00 P.M. ABBOTT DEVELOPMENT—INFORMAL DISCUSSION In attendance: Town Counsel;
Applicant Attorney Richard Henderson; Abbott Development Principals Jim McAuliffe and Robert Durant;Joe
Geller, Geller& Geller Landscape Architects; Dale Harris, Site Engineer for Coler& Colantonio, Civil Engineers;
Gordon Clark,Northside Design Architects.
Will be Section 10 application combined with a subdivision control application for a cluster development. Abbott
Development is in its 11th year and has created slightly more than 1000 homes. This application will be for 27
single family homes in a condominium organization with condominium ownership and homeowners association.
Applicant is willing to commit to Town that land on Fair Oaks side of Sohier Street will be preserved. Homes will
be situated to leave open space at perimeter and have some view of water rather than of the other homes. Not
touching wetlands or grass/wooded area above Deer Hill school. Will preserve existing specimen trees, stone walls.
Pedestrian walkways throughout the property. Driveways will have pervious pavement. Septic will be off the
existing driveway area near the entrance. Existing driveway will be closed and new driveway moved closer to Rt.
3A to allow better site lines from crest of hill will be opened. Will create wetland areas that will be pleasing to look
at. Traffic study to be submitted with application. 4 control points coming off site to control runoff from site to
retentions basins. Three general home designs with variations on one design. Generally low profile 22'—24' in
height. Homes will be gabled or hip roof,two bedroom 2200—2400 SF with open floor plan, gas fireplaces and
chimneys. Some will have walkouts.No common walls or duplex. Lighting will be conal shaped, aimed downward
and located under door overhangs so it will be gentle glow rather than strong light. Street lighting will be dark sky
compliant. Member Sturdy asked that they examine noise that will be created by A/C units. Applicants have
already been in communication with Jim Shipsky. Will have price point in future,but applicant believes Town will
be very pleasantly surprised by the cost of homes. Member Pratt mentioned residential sprinklers.
Town Counsel will look at whether inclusionary bylaw applies to single family homes—Member Ivimey thinks
Town Counsel wrote the bylaw to require affordable for all new homes. Applicant plans to file in February hoping
to be on a March agenda. Town Counsel will coordinate timelines with Planning Board Administrator.
8:30 P.M. ZBA RECOMMENDATIONS
• 449 JERUSALEM RD,VARIANCE,APP: TAJA REALTY TRUST - New owners would like to build
a garage for original large house. Meets front setbacks but not side setbacks. Planning Board noted that the
applicant did not provide required information/rationale as to why this situation meets requirements for a variance.
MOTION: by Member Sturdy to,absent any rationale from the applicant as to why the variance should be
granted,not recommend granting the requested variance.
SECOND: Member Pratt
VOTE: 4—0 MOTION CARRIES
• 75 MEADOW LANE,APPEAL,APP: RAYMOND & SUSAN TEHRANIAN - Applicant is appealing
building permits issued to the two parcels on Meadow Lane created by a Form A process.
MOTION: by Member Sturdy to, absent any compelling argument or rationale from the applicant as to
why the appeal should be upheld, recommend against overturning the building permit.
SECOND: Member Pratt
VOTE: 4—0 MOTION CARRIES
8:55 P.M. STORMWATER COMMITTEE—WARRANT ARTICLE DISCUSSION—John McNabb and
Karen Quigley in attendance. Public hearing on Stormwater Bylaw to be held on 02/13/07. Looking for comments
so revisions can be made before warrant goes to print. Four primary reasons for bringing this forward: flooding
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issues in town,many of which are caused by Stormwater; pollution issues from Stormwater runoff, federal
requirements to adopt regulations; and, fragmentation of existing regulations across many boards result in
Stormwater flooding&pollution issues tend to fall through the cracks and not be adequately addressed. Proposing
this new bylaw because regulatory language must be put into Town bylaws and to propose regulations that comply
with federal requirements which must be in place by March,2008. Simple goal is to reduce pollution and flooding
from Stormwater and to insure zero impact development such that post-construction runoff is< the pre-
construction runoff levels. Stormwater Committee feels the best way to deal with these issues to establish a set of
regulations that meet federal requirements and establish a new board to deal with these requirements. Planning
Board would like to like to have a member sit on the proposed Stormwater Commission if it is established.
Member Ivimey expressed interest in sitting on this Commission.Member Moore expressed concern that
developers will have to go through review by John Modzelewski and then the Stormwater Committee and that this
will be a very expensive duplication of efforts and decisions that are already in place for subdivisions, site plans,
large home reviews. Member Sturdy agreed, stressing concern that this could result in too much regulation and
become burdensome for the homeowner who just seeks to do something minor to their property. McNabb indicated
this could be dealt with by establishing the regulation such that the Planning Board would be the final authority via
Modzelewski reviews for those projects that are required to go before the Planning Board(subdivision, site plans
etc)and that a simplified application process for smaller, simpler projects would also be implemented. Planning
Board would have to adopt new regulations, such as Best Management Practices, into their standards.
9:45 P.M. ADMINISTRATION
• CONSULTANT PLANNER RFP- Member Pratt reviewed his draft of the RFP. Discussion occurred. Mike
Malinowski offered input. Board felt Pratt and Malinowski should make modifications,take out section 5.2 and get
the draft distributed. Much discussion centered around not influencing the direction/recommendations of the hired
individual and not hiring someone who comes with biases towards retail vs. housing for example. Mike Malinowski
suggests that Master Plan be finished and made available as approved Town document with official statement of
policy for the consultant.
MOTION: by Member Sturdy to authorize Member Pratt to make modifications as he sees necessary and
distribute the draft RFP to Town Manager.
SECOND: Member Ivimey
VOTE: 4—0 MOTION CARRIES
• VOTE TO APPROVE JANUARY 10,2007 MINUTES
MOTION: by Member Pratt to accept the January 10,2007 minutes
SECOND: Member Ivimey
VOTE: 4—0 MOTION CARRIES
• NEW SUPPLEMENTS TO ZONING BYLAWS—Member Sturdy requested that Town Clerk be asked to put
these on webpage also.
• APA MEMBERSHIP RENEWEL—Consensus is to renew membership.
MOTION: by Member Sturdy to adjourn
SECOND: Member Pratt
VOTE: 4—0 MOTION CARRIES
MEETING ADJOURNED AT: 11:05 P.M.
NEXT MEETING: WEDNESDAY, FEBRUARY 7,2007, AT 7:00 P.M.
MINUTES APPROVED: STUART W.IVIMEY, CLERK
DATE APPROVED: FEBRUARY 7, 2007