HomeMy WebLinkAboutMinutes - PB - 01/01/2008 - Planning Board Meeting Minutes 2008 (18) Planning Board Meeting 1 of 3
June 16,2008
COHASSET PLANNING BOARD MINUTES
DATE: MONDAY, JUNE 16,2008
TIME: 7:00 PM
PLACE: COHASSET TOWN HALL— BASEMENT MEETING ROOM
41 HIGHLAND AVENUE, COHASSET,MA 02025
Board Members Present: Alfred S. Moore,Jr., Chairman
Stuart W. Ivimey, Vice-Chair
Charles A. Samuelson, Clerk
Board Members Absent: Michael R. Westcott
Clark H. Brewer
Recording Secretary Present: Jo-Ann M. Pilczak
Prior to start of meeting,mylars for Quonahassit Trail Subdivision, 217 No. Main Street were signed.
MEETING CALLED TO ORDER AT: 7:05 P.M.
7:05 P.M. FORMA APPLICATIONS
62 WHITEHEAD, FORM A APPLICATION— APPL: ROBERT &JACQUELINE RALSTON, date filed:
June 11,2008. Attorney Henderson and Robert Ralston in attendance. Henderson explained that the Subdivision
Control Law addresses three different forms of plans to be recorded at the registry:
• the subdivision plan which requires a plan that complies in every respect with the Subdivision Rules&Regs.
and involves the creation of a right of way as addressed in§81U and 81T.
• §81X states that if someone owns a lot where the boundaries are confusing and an engineer surveys and certifies
that no new boundaries are created by the plan,the Board does not even have to look at it, it can go straight for
recording
• §81P allows for the division of a tract of land that is not a subdivision—an ANR plan—in other words, if the
Board finds a plan is not a subdivision, they must endorse an ANR plan.
According to Henderson,under§ 81L, subparagraph C—a way in existence when the Subdivision Control Law
became effective and having in the opinion of the Planning Board, sufficient width, suitable grades and adequate
construction for vehicular traffic to provide for the needs of the proposed use of the land abutting thereon ..."must
be endorsed. Henderson noted that deeds on file in the land court show that Whitehead Rd. existed back to the turn
of the 20`h century so there is no dispute that it existed prior to the Subdivision Control Law. Further,he noted that
the key factor the Planning Board must review is contained in the wording "to provide for the needs of the
proposed use of the land". In the case of Mr. Ralston's application,the proposed use of the land is one lot, not a
subdivision. Henderson contended that the Planning Board has to decide whether this one proposed lot somehow
impacts on Whitehead Road which currently serves 10 houses and, that the Board cannot decide that Whitehead
Road is not adequate to serve this one lot when it has been serving 10 lots for years and is adequate for utilities—
which in fact, (sewer,water and electricity) are already there. Henderson further contended that for the Planning
Board to decline this plan,they would have to conclude that Whitehead Road is not suitable for this one proposed
use—this one lot—even though it is already servicing 10 houses. According to Henderson,the discretion is the
Board's,but the discretion is limited to the"purpose for which this ANR plan is presented".
Member Ivimey is not in favor of endorsing this plan as, in his mind: the proposed lot does not have frontage on a
public way; Whitehead Road is in a condition no better than a cart path; and,that this lot cannot be looked at in
isolation. Member Moore disagreed with Ivimey noting that this is inconsistent with Town Counsel opinion that a
Form A lot does not have to have frontage on a public way. Member Samuelson suggested a compromise—to ask
other boards and departments to review the plan and to offer opinion as to the health& safety of Whitehead Road
and its adequacy for the proposed use. Henderson agree to compromise and will provide extension in writing to
July 31,2008 to allow him time to contact other departments and obtain letters.
• 21 MOHAWK WAY,FORM A APPL. - APPL: M.KEARIN LEWIS, date filed: June 11,2008
This is basically the same situation as the 62 Whitehead Rd. Form A Application above. Henderson will provide
extension letter to July 31 and obtain letters from Fire and Police Departments.
Planning Board Meeting 2 of 3
June 16,2008
7:40 P.M. INFORMAL DISCUSSION—2 SMITH PLACE—AMENDMENT TO SITE PLAN
APPROVAL Owners John Tedeschi, Jim McGinnis and Attorney Henderson in attendance. Tedeschi explained
that he has new plans which utilize the same footprint as the approved plans so the drainage is for all intents and
purposes the same. The major change is that he would like to construct a 20 unit residential building rather than
mixed use as is mandated by the new Village Bylaw. He feels that this property,which is west of the MBTA
tracks, is in a totally residential area and that a residential building makes more sense. Members of the Board
agreed that the closing of Smith Place did make this a residential area. He has approached abutters and they
support this as opposed to mixed-use. The Nantucket style building would also offer some sound buffer from train
noise for the residential abutters and,will create less traffic in this residential neighborhood. Member Moore noted
that, during public hearings for the village bylaw,the concept of allowing the area west of the tracks to be used as
mixed-use or residential had been discussed as a reasonable idea.
Two major questions:
1. can these changes be handled by filing an amended plan and reopening the public hearing or,will this
require a new filing and new public hearings?
2. How much latitude does the Planning Board have to waive the requirement for commercial on the first
floor?
The Board thought that refiling for a new site plan review would be the cleaner way to handle this,but were
concerned that this would then require a drainage evaluation by ConComm as the new Stormwater Management
Bylaw would be in effect and,that this would place an additional financial and time burden on the applicant,when
in fact,the drainage will not change from the approved plan.
Member Ivimey to contact Town Counsel for opinion as to whether Board has the latitude to waive the requirement
for commercial on the first floor and,as to how this change should be filed. Board also needs to meet with
ConComm to determine if ConComm wants the Board to continue to review drainage for Site Plans and
Subdivision as they already do in consultation with Civil Designs Inc.
8:05 P.M. OLD COLONY SQUARE—TOD—PROJECT UPDATE—Attorney Walter Sullivan in
attendance. Delay in beginning work has been due to easement negotiations with MBTA. Connell now has a
contract with the MBTA for an easement between the two properties and, in return, Connell has been committed to
the installation of a traffic light at the intersection with Rt. 3A. Connell has met with the Water Commission and
worked out looping the water line an additional 800'. Building specifications have been submitted to several
contractors and,bids are due within the next two weeks. Expect construction to begin late summer—early fall and
ready for occupancy permits one year from the start date. Connell remains committed to the completion of this
project.
8:10 P.M. 244 CEDAR STREET—FORM A APPLICATION,APPL: BRENDAN ST.JOHN,
date filed: June 5,2008. Neil Murphy and Brendan St. John in attendance. Existing lot to be divided into two
lots. Existing barn to be removed as it is too close to lot line. Adequate frontage
MOTION: by Member Ivimey to endorse this Form-A application.
SECOND: Member Samuelson
VOTE: 3 -0 MOTION CARRIES
8:15 P.M. JOSEPH'S HARDWARE—PROJECT UPDATE Barry Joseph in attendance. Explained that
Bank has approved finances for the construction. Building has been staked. Has building permit. Expects to have
shovel in ground within 1-2 weeks and be weather tight by the Fall.
8:20 P.M. ADMINISTRATION
➢ VOTE TO APPROVE 06/02/08 MINUTES
MOTION: by Member Ivimey to accept the June 2, 2008 minutes
SECOND: Member Samuelson
VOTE: 3-0 MOTION CARRIES
➢ DISCUSSION—NEED FOR FORM-A PROCEDURES UPDATE AND SUBDIVISION RULES &
REGULATIONS UPDATE? Board agreed with Planning Board Administrator that Subdivision Rules&
Regs. (last updated in 1989)need to be updated. Planning Board can do much of the review and update—a section
Planning Board Meeting 3 of 3
June 16,2008
at a time at meetings. Town Engineer will have to be contracted to review technical information for update.
Stormwater Management Bylaw passed at Spring 2008 ATM will have impact on Planning Board Review of site
plans and subdivisions drainage. Planning Board Administrator to contact ConComm and ask them to attend July
14,2008 Planning Board meeting to discuss this as it will impact the update of the regulations.
➢ FEE SCHEDULE UPDATE—Planning Board Administrator explained reasons for edits—to remove
Technical Review fee which has not been charged since Town Planner position has not been filled and to add
statement that Advertisement fees are the responsibility of applicants. Fees were not changed.
MOTION: by Member Ivimey to adopt amended fee schedule
SECOND: Member Samuelson
VOTE: 3-0 MOTION CARRIES
➢ CLERK'S CERTIFICATE - ALFRED S.MOORE,JR. AUTHORIZATION TO SIGN PLANS—
Member Samuelson, Clerk, signed the Clerk's Certificate authorized Member Moore's signature.
➢ MASSACHUSETTS LAND COURT REPORTER—ANNOTATED INDEX 1993-2007—PURCHASED
➢ VB DISTRICT DESIGN GUIDELINES SEMINAR— Planning Board Administrator to contact Bill Good re:
Design Review Board and attendance at the Design Guidelines Seminar.
• ENGINEERING CONSULTANT ATTENDANCE? - Board does not think this is necessary
• ANGUS JENNINGS 06/13/08 EMAIL RE: VILLAGE PARKING DRAFT MEMO TO BOS—Planning
Board and Concord Square should approach BOS together when all memos and maps are ready.
MOTION: by Member Ivimey to adjourn at 9:05 P.M.
SECOND: Member Samuelson
VOTE: 3-0 MOTION CARRIES
NEXT MEETING: MONDAY, JUNE 30, 2008 AT 7:00 PM
MINUTES APPROVED: CHARLES A. SAMUELSON, CLERK
DATE: JUNE 30, 2008