Printer Friendly Layout

News/Events - Meeting Minutes

MINUTES

November 13, 2008

Members Present: Mr. Donald Walter, Chairman, Mrs. Donna Chisholm, Vice Chairman, Mr. Robert Vogel, Mr. William Limbacher, Mrs. Patricia Brennan Finnie, Associate

Members Absent: Mr. Mark Fenton

Others Present: Ms. Laura Harbottle, Town Planner
See Sign-in List for names of others present at this meeting.

Mr. Walter called the meeting to order at 7:30 p.m.

ACCEPTANCE OF AGENDA: Mr. William Limbacher moved to accept the agenda as written. Mrs. Donna Chisholm seconded the Motion and the vote was unanimous.

Mr. Walter recused himself from participating in the hearings because he had been absent for the first hearings. Mrs. Chisholm stepped in as Chairperson for these hearings. Ms. Harbottle began by summing up the issues left on the table from the last meeting. One was whether the Conservation Commission would approve two wetlands crossings for approval on the Conventional Density Plan to move forward with the Flexible Open Space Plan. She stated that she got a letter from the applicant stating why they feel two wetlands crossings were appropriate. Ms. Harbottle sent the letter up to CEI and Mr. Nyman looked at it and he felt their case for two wetlands crossing was reasonable. Ms. Harbottle said she also spoke to Mr. Kalishes on behalf of the Conservation Commission and he provided a memo that she received late in the day. Ms. Harbottle said the memo stated that the process for the Conservation Commission is that they need to have a public hearing and notify abutter’s etc. before they can approve anything. There was also an issue about the radius to the northerly side of the road with meeting the Conventional Density Plan.

Mr. David Johnson representing the applicant addressed the Board and reviewed the memo they sent stating why they felt two wetlands crossing could be permitted and that there is nothing in the by-laws that states two crossings are prohibited. Regarding the radius, Mr. Johnson read a letter from Jane Snowdale who lives at 61 Summer Street and is an abutter to the proposed access to the development. Mrs. Snowdale has agreed to grant an easement to allow for the 40’ rounding on the northerly side of the proposed Kevin’s Way and the intersection of Summer Street should the Board require this to approve the Conventional Density Plan. Mr. Johnson summed up by saying that they did meet with the Conservation Commission on the site and have another meeting on 11/25/08.

Mr. Limbacher asked Mr. Johnson to explain what a limited project is. Mr. Johnson replied that under the Wetlands Protection Act, you can cross a wetland and fill up to 5,000 sq ft if you meet the performance standards. On a limited project, where you can’t meet all the performance standards of the Act, you are still allowed to fill with no limit on the amount of wetlands in order to provide access to uplands from a public way provided that the Planning Board and Conservation Commission determine that there is no practical, reasonable alternative access to the property. Mr. Limbacher stated that when he looks at CMR it talks about limited projects and they are specific in terms of at least 5 that basically deal with public safety, airports, hazardous material, handling of oil etc.

Mr. Johnson said he disagrees and believes CMR10.53 3e, which is what his memo refers to states differently. Mr. Limbacher read this chapter and said he feels that if a single wetland crossing allows you to access your upland then how can he say that you can have two. Mr. Johnson responded by reading page 4 of his memo regarding DEP Policy 88-2 on access roadways and driveways. Mr. Johnson also pointed out that they could meet the performance standards for the two crossings at 5,000 sq ft or less. They are below the threshold that is allowable under the act. He feels they meet the standards under both the Wetlands Protection Act and the local Wetlands Protection by-law. There was further discussion regarding the two wetlands crossings and whether two crossings would be permitted.

Mr. Limbacher asked Mr. Johnson to identify the request for waivers in his 10/2 memo. Mr. Johnson stated the waivers listed on that memo are for the Flexible Open Space Plan. There are no waivers for the Conventional Density Plan only the issue of the two wetlands crossings. Mr. Vogel stated he understood what Mr. Limbacher is saying that you could get to the upland with one crossing. However, he also understands the applicants’ position of needing the two crossings to utilize the acreage in a practical and financially responsible manner. Mrs. Pat Brennan Finnie said she feels the Board has approved other plans that she was not as comfortable with. The Conservation Commission memo and the timing of it mystify her.

Mrs. Chisholm stated the Planning Board wanted to meet with the Conservation Commission but they did not want to meet. She did talk to the Conservation Chairman but did not get much information as he was not at the Conservation meeting with the applicant. She stated she likes this project and feels the Conservation Commission has been stubborn and not playing fair. Mrs. Brennan Finnie stated that she feels bad as a public servant that fellow public servants are playing power games with someone’s financial and family situation. Mr. Limbacher said he can’t understand why the Conservation Commission wouldn’t answer whether it is reasonable that two wetlands crossings could be done when they have the expertise.

Mrs. Chisholm stated that the decision before the Board was to decide on the Conventional Density Plan. Mr. Vogel stated that because we did not get feedback from the Conservation Commission based on their expertise we asked for an opinion from CEI. CEI found that two crossings are reasonable. Mrs. Brennan Finnie said she is comfortable making a decision based on the information received from Mr. Nyman. Ms. Harbottle added that Mr. Nyman also does work for the Conservation Commission.

Mrs. Chisholm asked for public comments. Shelly Allison, 60 Indian Wind Drive stated that she abuts the property and likes the plan. She would like to see the extra parcel as conservation land. There were no other public comments. Mr. Limbacher stated that it has been demonstrated that the two crossings could be permitted and that he has not seen anything stating it could not be permitted. Mr. Limbacher stated he does not expect to hear anything from Conservation stating it can’t be done and if by granting the second wetland crossing you get a much better layout than you would have had. Mrs. Chisholm asked for a motion. Mr. Vogel moved to approve the Conventional Density Subdivision Plan. Mr. Limbacher asked that the applicant add a note on the plan that there was a granting of the easement from Mrs. Snowdale. Mrs. Brennan Finnie seconded the amended motion. The vote was unanimous to approve. Mr. Limbacher, Mr. Vogel, Mrs. Chisholm and Mrs. Pat Brennan Finnie voting.

The Board continued with discussion on the Flexible Open Space Plan for The Glen. Mr. Vogel stated he doesn’t like the two parallel driveways off the cul-de-sac. Mr. Johnson replied that Conservation did not like them either; therefore, they have reduced them down to 12’ instead of the proposed 14’ – 16’ wide on lots 3, 4 & 5. The Board continued to discuss the amount of pavement and use of permeable surfaces. They also discussed a change in the road layout to reduce the length of the driveways.

Mrs. Chisholm asked the Board if they had any questions regarding the Scenic Road Act. Mr. Limbacher asked if there were any significant trees that would be affected. Mr. Johnson replied there was not. They have flagged 5 trees that are 3”-31/2” and 3 are dead. The other 2 trees could go either way. They are down at the drainage basin on lower Summer St and have been flagged not to come down. There is 80’ of stonewall that is hidden because it is only one stone high across the opening. They will also have to open about 14’ in the stonewall down by the basin to provide access. The Board asked if they could relocate the stonewall. Mr. Johnson replied that they would.

Mr. Limbacher moved to continue the three Public Hearings to December 11, 2008 at 7:30. Mrs. Brennan Finnie seconded the motion and the vote was unanimous. Mr. Limbacher, Mr. Vogel, Mrs. Chisholm and Mrs. Pat Brennan Finnie voting.

Town Planner Report

Ms. Harbottle stated the Planning Board budget is done. She said she increased the technical services to $7,000.00 to cover the Mark Bobrowski revision of the Zoning By-Laws. We got the proposal from Barbara Saint Andre and her proposal is for $12,000.00. Ms. Harbottle suggested the Board could request a second presentation especially where there is a new Board member that was not present at the last presentation.

Ms. Harbottle reminded the Board they need to schedule a time to discuss FAR. Mr. Walter suggested that the Board discuss FAR at the 12/11 meeting. It was also decided that due to lack of agenda items and holiday commitments the Board would only meet once in December on the 11th.

Mr. Limbacher spoke to the Board regarding the Master Plan. He stated some members of the Planning Board met with the Board of Selectmen on 11/5 and agreed to appoint 2 members from the Conservation Commission, Planning Board and Board of Selectmen to begin the process for implementation of the Master Plan. Mr. Limbacher and Mrs. Pat Brennan Finnie agreed to be the sub-committee members representing the Planning Board.

Ms. Harbottle reported that she found a study for Lisa Fenton that she requested regarding the stability in property values when there is an increase of mixed-income rental units in an area. The study was done by MIT in 2005 and reports that towns similar to ours such as Littleton, Norwood and Wilmington found there really isn’t a distinguishable decrease in property market values with an increase of rental units in a particular neighborhood.

ACCOUNTING: Motion duly moved by Mr. Limbacher, Seconded by Mr. Vogel, and voted unanimously to pay the following:
1. WB Mason - $315.98
2. Laura Harbottle - $64.50
3. Patriot Ledger – 83 Kent St. - $293.26
4. Town of Scituate – $45.00

Motion to Adjourn: Motion duly Moved by Mr. Limbacher. Seconded by Mrs. Chisholm and voted unanimously to adjourn at 9:45 P.M.

Respectfully submitted,

Maureen Galvin
Secretary
Planning Board

Robert Vogel, Clerk

Date Approved: