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HomeMy WebLinkAboutMinutes - PB - 01/01/2010 - Planning Board Meeting Minutes 2010 (20) Planning Board Meeting APPROVED MINUTES 1 of 4 August 18, 2010 COHASSET TOWN MINUTES DATE: WEDNESDAY, AUGUST 18, 2010 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 Clark H. Brewer William Hannon,Associate Member Board Members Absent: Charles A. Samuelson Recording Secretary Present: Jo-Ann M.Pilczak, Administrator Meeting called to order at: 7:05 P.M. 7:05 P.M. PUBLIC COMMENT (10 MINUTUES) - NO PUBLIC COMMENT 7:05 P.M. CEDARMERE UPDATE—MAHMOOD MALIHI REPRESENTING THE OWNERSHIP OF CEDARMERE BY ING- (Leggat McCall surrendered their share of the joint ownership to ING). Mr. Malihi explained that the property has been in an idle mode for several years and is being put on the market very soon. Once sold,ING will not be involved in any future projects on the property. Multiple parties have already expressed interest in the property. Member Brewer noted that new owners could develop what has been permitted or, could return to the Planning Board with modifications or a new submission. Malihi noted that they are explaining what is already permitted to interested parties but frankly they expect the sale to be for development of single family homes. Member Moore noted that legislation for what has been permitted(SMROD)has sunset but that the rest remains in effect. Modzelewski added that he recently drove up to Manor Way and noted that the property is remarkably tended. He also wanted to impress upon Malihi that potential buyers should be made aware of the fact that there is an approved subdivision abutting this property. Malihi agreed with this and they have made sure potential buyers are aware of that right of way, adding that ING has also reached out to Rockland Trust. Malihi assured the Board that ING will attempt to bring the final sale down to the party that is the most logical for the site and,will keep the Board informed as to the response and the progress of the sale. 7:20 P.M. HOWARD GLEASON ROAD, FORM A APPLICATION—APPL: ADELAIDE MOORS PRATT&RICHARD PRATT. Ralph Cole, mr Surveying Inc. in attendance to represent application. Pratt property is all Land Court. Adding lot 18 to the house on plot 14 on the plan(which is currently non-conforming) make plot 14 conforming with 60,015 sq. ft. The Plan has been pre-filing approved by the Land Court. Has the required frontage and square footage. Howard Gleason is a public way. MOTION: By Member Healey Dippold to endorse the Form A as presented. SECOND: Member Brewer VOTE: 3—0 MOTION CARRIES (Member Ivimey had not yet arrived at meeting) 7:30 P.M. ADMINISTRATION • VOTE TO APPROVE AUGUST 4,2010 MEETING MINUTES MOTION: By Member Brewer to approve the August 4,2010 meeting minutes SECOND: Member Healey Dippold VOTE: 3 -0 MOTION CARRIES (Member Ivimey had not yet arrived at meeting) Planning Board Meeting APPROVED MINUTES 2of 4 August 18, 2010 • STREET NAME LIST DISCLAIMER—held discussion until Member Ivimey arrived—see below 7:35 P.M. INFORMAL DISCUSSION OF PUBLIC/PRIVATE WAYS (Not on agenda—Member Brewer brought up discussion as we had 25 minutes to fill before next agenda item). Brewer mentioned that there is a lot of confusion on part of public regarding the issue of what is a public way and what is a private way and the nuances of their rights under each set of circumstances. Brewer cited Joe McElroy's concern that some towns are making the decision to stop plowing private ways—he lives on a private way and is nervous that this could potentially happen in Cohasset (although,in 1955 Cohasset voted that any private way with 3 or more houses would be plowed). Brewer further explained that snow/plowing/access is something that particularly concerns seniors. Brewer added that there are other practical aspects of private ways that he does not have a handle on—for example,he always understood that his street—Dolan Lane—was a private way,but the DPW has it as part of North Main St.which is a public way. Other things that are confusing about private ways: if all the owners on the street own a portion of it, who pays to update the way?; if someone is in a car accident on the part owned by one owner or, if one owner's tree falls onto the road and injures someone, who is responsible? Member Moore agreed that it is a very confusing issue even for individuals who have sat on boards for a number of years. In colonial times,roads were deemed adequate to allow people to reach the general court and, communities had to accept and maintain those roads. The accepted roads went somewhere like the next town(as opposed to a subdivision road which only goes to the houses on that subdivision road). When a family parcel of land was divided up over the years for a cluster of family homes that had a big driveway to serve all the houses—that became a private lane. Until pre-zoning,no one really cared. Post zoning,the state and towns became concerned with proper and safe access—which brought into question whether some of these old driveways can be claimed to be roads that frontage can be taken off of. Town Manager had explained to Brewer that it is very expensive to make private roads public because the need to be re-engineered etc. Brewer again asked who owns the private roads—the homeowners? And,to where?—the centerline of the road? Does the developer own the road? If a pipe in the road breaks,who is responsible for fixing it? John Modzelewski noted that there is something in the Subdivision Control Law about roads once all lots are sold and the developer no longer has an interest in the subdivision. Moore added that years ago,there was a suggestion that the Town accept all these roads—the Town does get a small amount from the State for each street, but,the Town can lose in other ways- eg. Rocky Lane MBTA closure and bridge construction without having to reopen the Subdivision Plan and go through Planning Board review. Brewer suggested that the Planning Board could be in a unique position to come up with a policy that would help these homeowners know what they should be concerned about or not concerned about in terms of paving, snowplowing etc. Moore thought this could get very complicated because not all private ways are created equal—some are owned in fee, sometimes they are right of ways. Richard Henderson suggested getting the publication written by F. Sydney Smithers IV for the Mass. City Solicitors and Town Counsel Assoc. - Smithers is considered the authority on the subject of streets and ways. 8:00 P.M. 380/400 CJC HWY. (STOP & SHOP PLAZA) SITE PLAN REVIEW- CONTINUED PUBLIC HEARING. APPL: COHASSET ASSOCIATES. Filed on December 22,2009 In attendance to represent this application: Attorney Charles Humphreys; Jack O'Leary,Merrill Associates. In attendance for the Planning Board: Town Counsel Richard Hucksam; John Modzelewski, Civil Designs, Inc. Members Moore and Brewer, Assoc. Member Hannon and John Modzelewski participated in a Cook Estate site visit at 5:00 today. The purpose of the visit was to view the Cook Estate from this proposed building and,to view this proposed building from the Cook Estate and, to view the existing and proposed landscaping proposed by AJ Tomasi. Tomasi had their landscape architect look at the existing trees in the buffer and flag those that could be saved and that would work with the required grading. The majority of the trees to be kept are in the area of the septic system that requires minimal grading. A new landscape plan was done around this factor and, submitted to the Board at this meeting. Landscape architect noted that almost all the existing vegetation is deciduous which will not provide a good screen in the winter. He also noted that to provide good, long term screen, it is better to plant smaller trees to get a succession of growth. Board commented that they were extremely impressed with the Tomasi landscape architect's knowledge and landscaping plan for screening. Abbott Development also plans to plant screening on their property which will increase the screening effect. Concerns that were mentioned by various board members and by Abbott Development: 1. Location of dumpsters in relation to Cook Estate site lines Planning Board Meeting APPROVED MINUTES 3of 4 August 18, 2010 2. Location and handling of A/C in terms of noise and appearance—Board felt they should see more detail about sound levels. Member Brewer mentioned the Board could condition the height and distance from the Cook Estate site. 3. Detail about roof material that Cook Estate might be looking at and, any items on the roof such as cupolas. 4. Catalog cut sheets on proposed outdoor lights- O'Leary thought cut sheets had been delivered to the Board. Administrator confirmed that they were not submitted. John Modzelewski noted that he is not concerned about the lighting based on the photometric diagrams submitted which show that lighting will be cast downward and will not go beyond 30' of the building. Modzelewski suggested that the Board condition that no light shall be cast off site and,that it is against zoning for light to spill off site. 5. Detail on architectural—Member Ivimey would like to see more detailed architecturals. Member Brewer reminded the Board that the proposal went before the Design Review Board 6. Changes necessitated by the Stormwater review and permit—Town Counsel noted that it is not uncommon for approvals of other boards to be in conflict necessitating a change or modification of one or the other board's approval and conditions. So,this could be conditioned such that any changes to the surface that are deemed substantial will require a resubmission for a modification. Applicant is going to submit copies of the lighting catalog cut sheets and proposed building colors and Abbott Development is going to submit a list of concerns they have. Member Ivimey summed up by saying that: the applicant believes he has submitted everything he wants to submit and everything he is required to submit(except lighting catalog cut sheets and building colors) for the Planning Board to review and render a positive decision on this site plan review; and, abutter Abbott Development has submitted all their opposition with the exception of a summary of the issues as they see them and,their concerns. Ivimey thought if everyone is ready to run with what is on the table,he would make a motion: MOTION: By Member Ivimey to close the public hearing subject to Attorney Henderson's submittal(on behalf of Abbott Development) of a summary of his position and, Attorney Humphreys submittal(on behalf of the applicant) of exterior lighting catalog cuts and,proposed exterior colors. SECOND: Member Brewer VOTE: 4—0 MOTION CARRIES MOTION: By Member Ivimey to reconvene this agenda item on Sept. 1,2010 at 8:00 PM for deliberation SECOND: Member Brewer VOTE: 4—0 MOTION CARRIES Planning Board Administrator noted that the agenda for September 1 is quite full and that deliberation might not be completed in one meeting which would mean that an extension for completing and filing the decision would be necessary. Attorney Humphreys responded that an extension would not be a problem. 9:15 P.M. ADMINISTRATION(continued from 7:30 PM) • STREET NAME LIST DISCLAIMER - Administrator explained that disclaimer was written by Town Counsel to address Member Ivimey's concerns and that the disclaimer would appear on the top of each page of the street name list. The list is a listing of current street names and also indicates by check mark,those that have been accepted at a Town Meeting according the Town Clerk's records. Town Counsel noted that he wrote the disclaimer to convey that this is not the official list—the official record is whatever the Town Clerk's office says. Ivimey reiterated that the Planning Board is not the final word as to what is a public way—that is the Clerk's job. The Clerk can choose to adopt this list as the official list if she chooses. The official list of what is a public way in Cohasset is whatever record the Town Clerk chooses to use,which,may be this list. Member Moore suggested that this be posted on the Planning Board webpage. MOTION: By Member Healey Dippold to accept this disclaimer and,to put the finalized list on the Planning Board webpage. SECOND: Member Ivimey VOTE: 4-0 MOTION CARRIES MOTION: By Member Healey Dippold to adjourn at 9:30 P.M. SECOND: Member Brewer VOTE: 4-0 MOTION CARRIES Planning Board Meeting APPROVED MINUTES 4of 4 August 18, 2010 NEXT REGULAR MEETING: WEDNESDAY, SEPTEMBER 1 , 2010 AT 7:00 P.M. MINUTES APPROVED: JEAN HEALEY DIPPOLD DATE: SEPTEMBER 1, 2010