of a Meeting of the Planning Board held on
PETER O’CAIN, ASST. TOWN ENGINEER
I. Meeting called to order.
Mr. Cohen nominated Ms. Maniscalco to serve as Chair of the Board, seconded by Mr. Bradley and unanimously voted.
Mr. Cohen nominated Mr. Hauser to serve as Vice Chair of the Board, seconded by Ms. Maniscalco and unanimously voted.
Mr. Cohen nominated Mr. Bradley to serve as Clerk of the Board, seconded by Ms. Maniscalco and unanimously voted.
FORM A PLANS
Ms. Newman informed the Board that their engineer had met with our Town Engineer and asked if these lots meet Board regulations. Ms. Newman said that Mr. O’Cain, the Town Engineer, responded that as far as he could see they did meet Board regulations.
Mr. Hauser agreed that these lots did not
seem sufficient to support the intent of the zoning laws. Ms. Maniscalco agreed and said that on
reviewing the plans, it seems that you could get the required frontage needed
Mr. Cohen moved to disapprove this Form A plan because the two new lots do not seem to be legitimate lots. The Board recommends that the applicant refile the Form A plan, redrawing the lots, and that the applicant is exempt from paying another filing fee. Seconded by Mr. Lauenstein and unanimously voted.
Cedar Street - Howard Glaser, applicant – This lot contained four homes. The homes cannot be sold as is, as they each need to be on a separate lot. These homes are shown as existing on a plan in 1938, but never registered so this is not a real Form A. However, the Board was not sure if what the applicant was suggesting was legal. Also, the lots were not delineated properly.
Mr. Cohen moved to disapprove this Form A application because the lots are not properly delineated. Seconded by Mr. Hauser and unanimously voted.
Mr. Bradley read the legal notice to open the public hearing.
David Oberlander, engineer for the applicant, gave a short presentation explaining this subdivision.
---The property was located on
---While a conventional plan was submitted that met the Board’s regulations, the applicant was interested in building a private driveway and in presenting waivers to the Board for such. The granting of waivers would be in the best interests of the Town in that the Town will not be responsible for maintenance of the road and a smaller road also decreases the amount of impervious surface in the subdivision.
---There are two existing houses on the property, which will remain there.
---Two additional lots are being created.
---In response to the Board’s request, the
two existing driveways will be moved to come off the new subdivision
street. This will result in less curb cuts on
---The applicant was requesting the waiving
of granite curbing at the entrance to the subdivision, which was supported by
the Town Engineer, because it would be a difficult turning radius for fire
trucks trying to get into the subdivision.
However, Mr. Hauser indicated that the reason the Board requires this is
to avoid the snow plows from tearing up the
Mr. Oberlander also informed the Board that this plan does not really differ from the preliminary plan.
The meeting was then opened to questions from the public.
The applicant was requesting waiver of street trees. Mr. Weber, the Town Tree Warden, suggested that if the required trees do not fit the road or the neighborhood, that the applicant put that money into the Town’s tree fund for tree recycling. Ms. Maniscalco asked Mr. Weber to go to the subdivision and check this out and report back to the Board.
The applicant has agreed to provide an erosion and sedimentation plan.
Mr. Goldstein asked if there was a precedent for this type of private roadway? Mr. Cohen answered that there was, as it reduces the impervious surfaces in the Town and the Town does not have to provide any services to the street.
The applicant was requesting the waiver of all street lights. Ms. Maniscalco indicated that the Board, at a minimum when waiving street lights, requires one light at the entrance to the street. Mr. Oberlander answered that there was a street light on the other side of the street. They had planned to relocate it during construction, but instead will keep it there. Mr. Cohen suggested that the applicant provide either the cost for the number of lights required, or the lights themselves, to the Town. Ms. Maniscalco added that it is the responsibility of the applicant to make sure the intersection is lit so that it is not a safety hazard.
Mr. O’Cain explained that there are no drainage structures on the waiver plan. The applicant provided a table of pre and post construction runoff. The road is crowned and will have a swale that will intercept any runoff and infiltrate it into the ground.
Ms. Maniscalco reminded Mr. Oberlander that the two driveways leading to the existing homes need to be removed, loamed and seeded.
There being no further comments from the public, Mr. Hauser moved to close the public hearing, seconded by Mr. Cohen and unanimously voted.
III. SCENIC ROADS AND TREE HEARING
Mr. Bradley read the legal notice to open the public hearing.
Mr. Weber, the Tree Warden, explained that
there was a wall at the corner of
Several of the Board members had gone to see this intersection and agreed that it was not your typical stone wall and was not visible. Mr. Hauser moved to allow the removal of the stone wall, seconded by Mr. Lauenstein and unanimously voted.
There were no abutters in attendance to comment on either the wall or the removal of the trees at Edge Hill. Therefore, Mr. Hauser moved to close the public hearing, seconded by Mr. Lauenstein and unanimously voted.
IV. OTHER BUSINESS
---RE: zoning changes and Town Meeting. The Planning Board has been consistently late in coming up with language for the warrant and for the Finance Committee. Ms. Maniscalco reported that at the Selectmen’s last meeting, a schedule was drawn up for the Fall Town Meeting, which is primarily for zoning changes. The closing of the warrant will be July 18, with the absolute deadline to have any language in it on August 16. Last minute language causes problems all
around – the FinCom cannot give their recommendations and tend to vote for indefinite postponement; those in attendance have not seen the final language, etc.
However, with this proposed schedule, there are only six weeks for the Board to get these articles together, including drafting the language, holding public hearings and finalizing changes. This really is not enough time, especially given that it is summer and people are out of Town on vacations. Typically, the Board meets every three weeks in the summer, but that may not be possible if it wants to put any articles on the Warrant. There are potentially three or four articles the Board will want to present to Town Meeting – such as accessory apartments and others. The Selectmen are inquiring as to what time frame the Board would need to realistically do this correctly.
Mr. Hauser suggested the Board determine which of the five possible zoning changes it should bring to this Fall’s Town Meeting. The five possibilities were:
1. Inclusionary zoning – the Board determined it would bring this article to Fall Town Meeting.
2. MUOD as regards the groundwater protection district – this too would be brought before Fall Town Meeting.
3. Elimination of the Flexible Zoning by-law – defer action on this.
4. Accessory Apartments – Probably defer, but Mr. Cohen was going to see if he could find appropriate language for this change. However, it might not be feasible to have it ready for the Fall.
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5. Modifications to the CSD to allow 2x bonuses if you build affordable housing – the Board decided to bring this to Fall Town Meeting.
The Board discussed the scheduling issue with Selectmen Grasfield. Mr. Grasfield said that it was important for the Board to have their work done in a timely fashion so that the Finance Committee would be able to do their work as well with accurate wording of the zoning articles. Mr. Cohen said that the Selectmen keep moving up the date for completion – we have just finished with Spring Town meeting a couple of weeks ago, and now have to jump right into Fall Town Meeting with very little time for preparation.
Mr. Cohen didn’t think it was a good policy to give any board just six weeks to get all language together for major changes. It was just not workable. At least three months is needed at a minimum. He thought it would be more reasonable to close the warrant in August.
The Board told Mr. Grasfield that it was asking the Board of Selectmen to set August 16 as the date for the closing of the warrant for the Planning Board.
---Summer Schedule – Because of the work needed to get the proposed zoning changes ready for the Fall Town Meeting, the Board would continue on its current schedule of meeting every two weeks, instead of every three as is usual for the summer.
Reductions – Tanglewood Estates
– Mr. Cohen moved to reduce the surety for this subdivision from $750.00 to $0,
per Mr. O’Cain’s memorandum to the Board dated
Estates – Mr. Cohen moved to reduce the surety for this subdivision from
$27,300.00 to $0, per Mr. O’Cain’s memorandum to the Board dated
Minutes of Meeting Page Seven
---Hunter’s Ridge – Mr. Bradley recused himself from this part of the meeting. The abutters to this subdivision have appealed the Board’s decision. One of their issues is a challenge to the legality of a part of the CSD by-law. Town Counsel will be primarily involved in this suit with minor involvement by the Planning Board.
---Rattlesnake Hill – Mr. Grasfield reported that the Town is still moving forward on this matter. The idea is for the Town to buy the property and have a developer come up with some money and put in a CSD.
V. There being no further business before the Board, the meeting was adjourned at