HomeMy WebLinkAboutMinutes - PB - 01/01/2009 - Planning Board Meeting Minutes 2009 (11) Planning Board Meeting APPROVED MINUTES 1 of 2
September 23,2009
COHASSET PLANNING BOARD MINUTES
DATE: WEDNESDAY,SEPTEMBER 23,2009
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
Jean Healey Dippold, Clerk
Charles A. Samuelson
Clark H. Brewer
Board Members Absent: Stuart W. Ivimey,Vice Chair
Recording Secretary Present: Jo-Ann M. Pilczak
Meeting called to order at: 7:00 P.M.
7:00 P.M. ABBOTT DEVELOPMENT—COOK ESTATE—Appl's Attor. Richard Henderson in attendance.
• SURETY ISSUE—John Modzelewski suggested via 09/11/09 memo that some form of surety or escrow funds
(other than the covenant)be obtained to cover costs of mothballing site in a presentable manner should need arise.
Board is very upset that work has started without surety being provided. Work is basically being done in violation
of the special permit. Member Moore wants Bob Egan to issue cease & desist until the surety issue is resolved.
Henderson explained that he thought letter of surety was to be forwarded with the covenant (he thought his
services were not being used for this)and,he thinks Abbott did not understand that clearing trees is considered part
of the road construction and should not have happened. Henderson,Modzelewski and Moore will consult and
determine a dollar figure for the surety. No further work is to happen on this site until the surety issue is resolved.
• VOTE TO ACCEPT STORMWATER POLLUTION PREVENTION PLAN—John Modzelewski indicated
via 09/21/09 memo that the plan is acceptable for the construction phase of the project and recommended approval
for the construction phase. However,the plan does not adequately address post-construction stormwater
management responsibilities. He indicated that the SWPPP should be amplified to include post-construction and
should be completed prior to acceptance and issuance of occupancy permits.
• VOTE TO ACCEPT COVENANT—Henderson agreed with Town Counsel edits.
MOTION: by Member Brewer to accept the Abbott Development Covenant with Town Counsel Edits
SECOND: Member Samuelson
VOTE: 3—0 MOTION CARRIES (Member Healey-Dippold had not yet arrived at meeting)
7:15 P.M. ADMINISTRATION
• SET NOVEMBER, DECEMBER MEETING DATES—Move Oct. 21 to Oct. 28; Add Nov. 4 and Nov. 24
• VOTE TO APPROVE SEPTEMBER 2,2009 MINUTES
MOTION: by Member Brewer to accept the September 2,2009 minutes
SECOND: Member Healey-Dippold
VOTE: 4—0 MOTION CARRIES
• BEECHWOOD BUSINESS DISTRICT MEETING LETTER—Planning Board Administrator to target
November 4 meeting for the Beechwood Business District discussion with residents of that area. Board confirmed
letter drafted by Planning Board Administrator is OK to send.
7:20 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 REOUEST— VOTE TO
CONTINUE TO OCTOBER 21, 2009 AT A TIME CERTAIN
MOTION: by Member Samuelson to continue this public hearing to October 28,2009 at 7:15 PM and to
remind applicant that new documents should be submitted no later than October 14 to give the Board and
John Modzelewski a full two weeks to review and,if documents are not received by October 14,the public
hearing will be rescheduled.
SECOND: Member Brewer
Planning Board Meeting APPROVED MINUTES 2of2
September 23,2009
VOTE: 4—0 MOTION CARRIES
7:23 P.M. COHASSET HEIGHTS PRELIMINARY SUBDIVISION FILING CONTINUED PUBLIC
HEARING. 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 OCTOBER 21, 2009 AT A TIME CERTAIN
MOTION: by Member Samuelson to continue this public hearing to October 28,2009 at 8:00 PM and to
remind applicant that new documents should be submitted no later than October 14 to give the Board and
John Modzelewski a full two weeks to review and,if documents are not received by October 14,the public
hearing will be rescheduled.
SECOND: Member Brewer
VOTE: 4—0 MOTION CARRIES
7:26 P.M. ASSOCIATE PLANNING BOARD MEMBER—DISCUSSION ABOUT TOWN COUNSEL'S
DRAFT WARRANT ARTICLE—VOTE TO PROCEED WITH ASSOCIATE PLANNING BOARD
MEMBER WARRANT ARTICLE Member Samuelson expressed concern that a Regular Member who had
attended all public hearings for a special permit, but missed one meeting on short notice due to unforeseen
circumstances,might lose the ability to vote on the special permit. He views this as different than other longer
term/permanent situations(conflict of interest, inability to act and, long term absence)which would be covered by
the presence and by the vote of the Associate Member. In the past when an a regular member has been suddenly or
unexpectedly absent for one special permit hearing,we have attempted to contact as many people as possible to
postpone and continue the public hearing and/or explained the situation at the public hearing, expressed apologies
for the unexpected absence and,postponed and continued the public hearing. The Board would like to know if there
is another way to handle one,unexpected absence for a special permit hearing that would allow that regular
member to vote on the special permit—for example, can that member listen to audio tapes or view video tapes
(which might be harder to arrange on short notice)of the missed meeting to obtain the information missed?
Member Healey indicates that Hingham has a policy in place for dealing with this. If there is a policy that can be
put into place, Samuleson wants to know if it should be part of this article or in Rules&Regulations. Planning
Board Administrator to contact Town Counsel for opinion.
MOTION: by Member Brewer to submit draft warrant article for Associate Planning Board Member
SECOND: Member Healey-Dippold
VOTE: 3—1 MOTION CARRIES
7:45 P.M. MASTER PLAN—DISCUSSION- Member Brewer would like the Master Plan out of draft stage
so that sections (e.g. Open Space) can be updated. Brewer also wants to establish a transportation committee but
cannot do without Master Plan. Brewer wants the Board to vote to accept the Master Plan. Member Moore thinks
the full Board should be in attendance for a vote and suggests continuing this to October 7 meeting.
8:20 P.M. CCI ENERGY APPEAL SUBMISSION. Distributed document just received from Jim Sweeney
regarding his appeal of Planning Board denial of Wind Turbine Special Permit. Planning Board Administrator to
forward copy to Town Counsel and to schedule an Executive Session with Town Counsel.
MOTION: by Member Brewer to adjourn at 8:30 P.M.
SECOND: Member Samuelson
VOTE: 4—0 MOTION CARRIES
NEXT REGULAR MEETING: WEDNESDAY, OCTOBER 7,2009 AT 7:00 P.M.
MINUTES APPROVED: JEAN HEALEY DIPPOLD, CLERK
DATE: OCTOBER 7,2009