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HomeMy WebLinkAboutMinutes - PB - 01/01/2009 - Planning Board Meeting Minutes 2009 (9) Planning Board Meeting APPROVED MINUTES 1 of 3 August 19,2009 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY,AUGUST 19,2009 TIME: 7:00 P.M. PLACE: COHASSET TOWN HALL— SELECTMEN'S OFFICE 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred S.Moore,Jr. - Chairman Stuart W. Ivimey,Vice Chair Jean Healey Dippold, Clerk Charles A. Samuelson Clark H. Brewer Board Members Absent: None Recording Secretary Present: Jo-Ann M. Pilczak Meeting called to order at: 7:00 P.M. 7:00 P.M. 153 SOHIER ST. FORM A—ANR APPLICATION. APPL: RAY JAMIESON, OWNER: CHRISTINE JAMIESON, filed on August 11,2009—Classic 81L (81L not done on this property before). MOTION: by Member Samuelson to endorse this Form A application SECOND: Member Healey-Dippold VOTE: 5—0 MOTION CARRIES 7:05 P.M. ZBA RECOMMENDATION • 32 ELM CT. SPECIAL PERMIT APPL. APPL: KIMBERLY&MICHAEL REILLY - Can Tiryaki in attendance to represent this application. Member Brewer commented that because the pre-existing,non- conforming structure is so close to Elm Ct., the proposed "Nantucket stairs", in terms of massing, encroaches on the street too much. He suggested bumping in the front entrance a few feet with the front door setback into the structure and constructing front facing stairs instead. The stairs would then be further back from the street and, combined with front facing stairs, would soften the overall effect of the face of the building. The Planning Board felt there was not enough contextual information—a larger plan which included abutters across the street, as well as the inclusion of the location of all abutting residence buildings would have been very helpful. MOTION: by Member Brewer to not make a recommendation to the ZBA regarding this application because there was not enough contextual information SECOND: Member Healey-Dippold VOTE: 5-0 MOTION CARRIES 7:15 P.M. ADMINISTRATION • VOTE TO APPROVE: AMENDED JULY 8,2009 MINUTES; JULY 29,2009 MINUTES; AND, JULY 29,2009 EXECUTIVE SESSION MOTION: by Member Samuelson to approve the amended July 8,2009 minutes; July 29,2009 minutes; and, July 29,2009 Executive Session minutes with typo corrected (remain correct to remand) SECOND: Member Brewer VOTE: 5-0 MOTION CARRIES • SET SEPTEMBER& OCTOBER MEETING DATES—September 2 and 23; October 7 and 21 • APA AUDIO/WEB CONFERENCE TRAINING SERIES— Board reluctant to spend$200 of $400 budget for training seminars on one program. Member Brewer's LEED webinar is only$80. Planning Board Administrator to find Jim Shipsky Energy Conservation/Design CD MOTION: by Member Samuelson to purchase for viewing the LEED webinar program and to invite other Boards,Committees etc.in town as well as developers and then invite discussion. SECOND: Member Ivimey VOTE: 5—0 MOTION CARRIES Planning Board Meeting APPROVED MINUTES 2of 3 August 19,2009 • QUESTIONS POSED BY DRB—PB Administrator to contact DRB—for Sept. 2 Planning Board meeting 7:59 P.M. SUBDIVISION RULES &REGULATIONS UPDATE- SECTION I—not discussed 8:00 P.M. COHASSET HEIGHTS PRELIMINARY SUBDIVISION FILING CONTINUED DISCUSSION. APPLICANT: JAMES SWEENEY,CCI ENERGY,LLC, OWNERS: PAUL BARRY; CROCKER LANE REALTY TRUST; CROCKER II REALTY TRUST-POSTPONED AT APPLICANT'S REQUEST— VOTE TO CONTINUE TO DATE& TIME CERTAIN MOTION: by Member Ivimey to postpone this public hearing to September 2,2009 at 7:15 PM SECOND: Member Brewer VOTE: 5-0 MOTION CARRIES Later in meeting, Applicant's attorney,Ken Ingber, requested to postpone to the September 23, 2009 meeting. MOTION: by Member Ivimey to postpone this public hearing to September 23,2009 at 8:00 PM SECOND: Member Healey-Dippold VOTE: 5-0 MOTION CARRIES 8:01 P.M. STREET LISTING DISCUSSION - Planning Board Administrator explained the process followed during the summer of 2008 to review all names of ways found on any list or map available. This resulted in two lists—one of all the active names of ways as of this date and one that is a list of all names that are not active—in many cases,these names were of driveways that residents named and became colloquialisms. Administrator also added a disclaimer regarding the list not automatically constituting legal frontage. Attorney Walter Sullivan attended with concern about"Newtonville Lane"or"Newton Road"which was a driveway owned by a woman named Newton. The ZBA(actually usurping the Planning Board function and authority according to Sullivan) made a determination that this driveway with street addresses(all of which are numbered for Atlantic Avenue)for all of the lots served by that driveway was classified as a street-Newtonville Lane which was never on any official map or document and, ordered the Building Commissioner to issue a building permit. Sullivan's clients who have deeded interest in that right of way—believing that this is their driveway)have appealed this order and that case is currently before the judge in Superior Court for a final determination. Sullivan heard that there is some obscure document that references this as"Newton Street"and that this name is now on the second list(of names that are not actively used)created by the Administrator and that perhaps this document would become a public record that would refer to this name as the historic name for that driveway. He is fearful that this will cause the parties on the other side to determine that this list is further evidence that Newtonville Lane/Newton Road is indeed a street entitled to all the benefits of the division of land and of additional building lots and,reopen the hearing and try to add that as additional evidence that this is indeed a street or way. Sullivan requested that any action regarding Newton Rd. on this list be deferred until after the ruling on this case. Member Ivimey wants only the word"Way"to be used because the word street has some legal significance. Member Brewer noted that there were three purposes for road naming and road lists: the legal aspect;the practical aspect of 911 calling; and, Chapter 90 funding. The DPW put Brewer's 10' wide, dirt road that three houses share as a common driveway and private way as"No. Main St." so they could get more Chpt. 90 funds. But,to be told that he lives on North Main St. is not accurate—he has looked at all the deeds—it is a private way, it is substandard, doesn't have utilities. Chpt. 90 is a practical thing—the Town wants to get as much funding as it can so the town wants to extend common driveways and make them an umbilical attachment to a main road. 8:20 P.M. ASSOCIATE PLANNING BOARD MEMBER—DISCUSSION— not on agenda Administrator shared email reply from Town Counsel regarding the potential position of Associate Planning Board member and that this must be established via town meeting vote—Town Counsel will help prepare a warrant article. Town Counsel noted that an Associate Member only participates in Special Permit filings. Members Moore, Samuelson and Brewer feel an Associate Member would be a good alternate route for the Board in the event that a full Board member cannot attend all meetings,has a conflict of interest or,has a term end in the middle of a special permit public hearings and deliberations and the subsequent requirement for a unanimous vote to approve a Special Permit. Members Ivimey and Healey-Dippold were not in favor of an Associate Member for various reasons and concerns: consistency; lack of background information that is only gained via sitting on Board for many years; Planning Board Meeting APPROVED MINUTES 3of 3 August 19,2009 and,Associate Member not being accountable to the public via an elected process. Healey-Dippold also felt that an individual who is elected by the public has the responsibility to the public to be at all meetings. MOTION: by Member Brewer to continue to investigate the position of Associate Planning Board member beginning with having Town Counsel address this at the next Planning Board meeting. SECOND: Member Samuelson VOTE: 3-2 MOTION CARRIES 8:40 P.M. 8 JAMES LANE, SITE PLAN REVIEW AND SPECIAL PERMIT CONTINUED PUBLIC HEARING, OWNER: STEPHEN CLEARY, APPLICANT: SOUTH COASTAL DEVELOPMENT GROUP,LLC filed on: March 5,2009 -POSTPONED AT APPLICANT'S REQUEST— VOTE TO CONTINUE TO DATE& TIME CERTAIN MOTION: by Member Ivimey to postpone this public hearing to September 23, 2009 at 7:15 PM SECOND: Member Brewer VOTE: 5-0 MOTION CARRIES 8:45 P.M. MASTER PLAN- DISCUSSION- Not discussed in much depth. Member Brewer is of the opinion that the Master Plan Draft is 5 years old and still in draft form. In his opinion,the Planning Board should vote on this 5 year old document. Brewer feels this will not obligate the Planning Board to anything but it would allows other committees to move forward with sections of the Master Plan and allows sections to be updated. 9:00 P.M. GREEN COMMUNITIES ACT—UPDATE—Member Brewer met with the BOS. 5 categories of various policy are required to be considered a Green Community. BOS voted 4— 1 to apply for the technical support to see what Cohasset would have to do to become a Green Community. Goal is to help communities find ways to save energy and create infrastructure to move forward. Adopting stretch code—BOS is governing body element as to whether to adopt a stretch code or not. MOTION: by Member Brewer to adjourn at 9:15 P.M. SECOND: Member Ivimey VOTE: 5-0 MOTION CARRIES NEXT REGULAR MEETING: WEDNESDAY, SEPTEMBER 2, 2009 AT 7:00 P.M. MINUTES APPROVED: JEAN HEALEY DIPPOLD, CLERK DATE: SEPTEMBER 2,2009