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HomeMy WebLinkAboutMinutes - PB - 01/01/2007 (11) Planning Board Meeting 1 of 2 February 13,2007 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY,FEBRUARY 13,2007 TIME: 7:00 PM PLACE: COHASSET TOWN HALL— SELECTMEN'S OFFICE 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: 7:05 P.M. 7:05 P.M. MANOR WAY- 215 SO.MAIN STREET,DEFINITIVE SUBDIVISION,PUBLIC HEARING, APP/OWNER: KING TAYLOR COHASSET LLC Member Ivimey read public hearing advertisement and clarifies the reason,purpose and limits of this public hearing and noted that the Board has chosen to take the most extensive course of action in dealing with this,that being a public hearing with full public notice. In attendance: Attorney Walter Sullivan representing King Taylor Cohasset LLC (applicant); Dave Calhoun,King Taylor Cohasset LLC; Attorney Bruce Issadore representing the Deligiannidis; and,Mr. and Mrs.Deligiannidis. Attorney Sullivan agreed with the process decided upon by the Planning Board. Attorney Issadore did not have an opinion one way or another. Member Moore explained that the court is seeking clarification of the role that Castle Hill provides relative to the Manor Way Subdivision,the adequacy of Castle Road and (as with the Rattner v. Tisbury case)the impact the Manor Way Subdivision would have on the public safety of other trails,roads, cartpaths etc, including Castle Road. Member Moore noted that during the hearing process,the Board made it abundantly clear that in no way would Castle Road be access to the Manor Way Subdivision and that the access to the Subdivision was entirely predicated on the right of way through Cedarmere. Member Ivimey explained that the court remanded the question back to the Planning Board for considering the adequacy of the access afforded by Castle Road and whether or not to impose or grant,if lawfully appropriate, a waiver of the Boards Rules &Regs. or conditions concerning Castle Road and improvements or changes to its present condition that the Board may or may not require. Abutter Marie Buckley,217 So. Main St. spoke to the condition of Castle Road as being a long driveway, 1 car wide,through wetlands with RR tracks and signals(she also questioned the recent presence of surveyors)that she feels is not adequate for use. Moore again reiterated that at the Manor Way Subdivision approval,the only approved access if through Manor Way Circle and that this unpaved cartpath(Castle Rd.)would in no way be part of the subdivision other than as a potential emergency access with no thought of enlarging or expanding it for other uses. Member Sturdy noted that the Manor Way Homeowners' Association does not have the right to grant easements etc. over the cartpath and that all utilities, access etc.were granted through Cedarmere and,that neighboring subdivisions are forbidden from expanding the road to King Taylor LLC property line or changing it from how it exists today. Sturdy also noted that the length and grade etc. of this road do not meet subdivision standards and do not make it suitable for becoming a subdivision road and that in fact the Subdivision Rules& Regulations prohibit the Board from considering anything but a subdivision road as the standard. Sturdy expressed the opinion that the Board had spent an inordinate amount of time in considering this roadway during the initial approval process for the Manor Way Subdivision. Abutter, Susan Kent, 3 Mendel Road felt the Board had met its obligations in determining that Castle Road did not have adequate frontage and safe passage. Attorney Sullivan noted that the only parties who have a right to use the cartpath are the owners of the land—King Taylor, and the Deligiannidis by virtue of a deeded right of way only as far as their driveway and not as far as Manor Way. According to Sullivan,the Rattner decision was substantially different as Rattner had two parallel ways to the subdivision and the question related to the impact on the Rattner way by subdivision traffic. Deligiannidis concered that there will be an overload of traffic on the cartpath by the Manor Way subdivision by which he will be damaged and have a right infringed. Cohasset Planning Board files are full of documents(including the specificity of a Planning Board Meeting 2 of 2 February 13,2007 supplemental locus of the ways within a'/4 mile) and evidence that show this was dealt with in almost every meeting during the Manor Way subdivision approval process and Sullivan suggests that because of this,the Cohasset Planning Board applied the Rattner test whether they knew it or not. Sullivan drafted a suggested response to the Remand Order. Member Sturdy stated that in Tisbury, it is permissible to have a subdivision road off a dirt road while it is not permissible in Cohasset. Sullivan noted that the Homeowners' Association clearly outlines the responsibilities for maintenance of the cartpath for safe ingress and egress and can only be amended by the Homeowners with the advice and consent of the Planning Board. Attorney Issadore suggested that lot 1 has been released without Manor Way being built and, could use Castle Road independent of the construction of the rest of the subdivision. Sturdy noted that Lot 1 can continue to use the paved road through Cedarmere as it always has. Issadore felt that Board is not being asked to bring the road up to subdivision standards but they are being asked under Rattner to make is safe and passable for use by the subdivision owners and the Deligiannidis. Sullivan disagreed stating that the Board was not being asked to make a determination to make the road safe but is being asked to make a determination as to whether it is adequate and if there is an infringement on the Deligiannidis right by any increased use of the road that may occur. Sullivan noted that there is no Lot 1 at the moment, only one large lot with one house on it with this long driveway—Castle Road. Calhoun noted that prior to his purchase,the cartpath was not passable from Manor Way to the Deligniannidis property— road was cleared after purchase. For the record,Issadore noted that the right of way of ownership and easement right is significantly wider than what is currently cleared and that the Deligiannidis rights on the easement go further than Sullivan has indicated and that he takes opposition to that being mentioned at this time as he feels it is a separate title matter. Cynthia Dedes,207 So. Main St. commented on deteriorated condition(parts falling onto her property)of Castle Road. MOTION: by Member Sturdy to close the public hearing SECOND: Member Ivimey VOTE: 4-0 MOTION CARRIES MOTION: by Member Sturdy to take matter under advisement until 02/28/07 Planning Board meeting. SECOND: Member Ivimey VOTE: 4-0 MOTION CARRIES Response to the remand order must be filed with the Town Clerk by March 9, 2007. 8:00 P.M. ADMINISTRATION Contact Nader re: future meeting to discuss the underground utility situation. 8:10 P.M. AMENDMENT OF WATER RESOURCE DISTRICT ATM WARRANT ARTICLE, CONTINUED PUBLIC HEARING John McNabb present to represent article. McNabb distributed new version of the article based upon his meeting with the Water Commission. New version is substantially different than version discussed at last meeting, imposing significantly fewer restrictions. New version addresses only two (2) changes required by the DEP—storage of deicing chemicals and storage of animal manure. MOTION: by Member Pratt to recommend approval of the Water Commission article as presented in John McNabb's 02/12/07 letter to the Planning Board. SECOND: Member Ivimey VOTE: 3- 1 MOTION CARRIES 8:40 P.M. ZONING ARTICLES 13, 14, 15 FOR MARCH 31,2007 ATM Planning Board Administrator distributed Articles 13, 14, 15 with edits made based upon 02/07/07 Planning Board Public Hearing. Article 14 also has Town Counsel changes. Board will review and return comments by 02/21/07. MOTION: by Member Sturdy to adjourn SECOND: Member Pratt VOTE: 4-0 MOTION CARRIES MEETING ADJOURNED AT: 8:50 P.M. NEXT MEETING: WEDNESDAY, FEBRUARY 28,2007 AT 7:00 P.M. MINUTES APPROVED: STUART IVIMEY, CLERK DATE: FEBRUARY 28,2007