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

Members Absent: Mr. William Limbacher, Mr. Mark Fenton and Ms. Laura Harbottle, Scituate Town Planner

Others Present: Mr. Neil Duggan, Zoning Enforcement Officer
See Sign-in List for names of others present at this meeting.

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

ACCEPTANCE OF AGENDA: Mrs. Chisholm moved to accept the amended agenda. Mr. Vogel seconded the Motion and the vote was unanimous.

Interview with Barbara Saint Andre regarding a review of the Zoning Bylaw for identifying and fixing inconsistencies and clarifying existing language where needed.

Ms. Saint Andre addressed the Board stating she works for Petrini & Assoc., which is a municipal law firm in Framingham. They are town counsel to Framingham and Medway. She said her particular expertise is land use. Ms. Saint Andre stated that the last time she spoke with the Board there was not as much money available in the budget for the project. With the increase in money available she feels she can complete the project in its entirety.

Ms. Saint Andre said her approach would be that the people who use the Bylaws all the time be involved in the project. She would like to have a committee formed with someone from each of the departments and possibly some members of the public. Ms. Saint Andre, Mr. Duggan and the Board discussed changes they would like to see made to the existing Zoning Bylaws.

Some of the improvements Ms. Saint Andre would suggest are:

1. Definitions
2. Table of uses
3. Exempt uses
4. Non-conforming uses
5. Inclusionary zoning
6. Combining Site Plan Review and Site Plan Special Permit
7. Table of dimensional regulations
8. Special Permit criteria
9. Common Driveway provisions
10. Floor area ratio should be addressed

In terms of procedure, Ms. Saint Andre repeated the importance of putting together a committee. She feels that it will take 3-4 meetings. She also suggested dividing the Bylaws in half and addressing half at a time. Ms. Saint Andre said that following discussions with the committee, she would generate drafts and get them to the committee in time for review so they can be discussed at the next meeting. She stated she could complete the project within the budget. The new Bylaws would then be finalized and brought before the Planning Board for approval before going to Town Meeting.

ACCOUNTING:
Motion duly moved by Mr. Vogel, Seconded by Mrs. Brennan Finnie, and voted unanimously to pay the following:
1. W.B. Mason - $ 49.83

Interview with Mark Bobrowski regarding a review of the Zoning Bylaw for identifying and fixing inconsistencies and clarifying existing language where needed.

Mr. Bobrowski addressed the Board stating his firm is Blatman, Bobrowski & Mead in Concord Mass. They are town counsel for Ashland, Bellingham & Kingston. He is a full time law professor at New England School of Law in Boston. Mr. Bobrowski is also the author of Handbook of Massachusetts Land Use and Planning Law. Over the course of 25 years he has written Zoning Bylaws for approximately 100 communities.

Mr. Bobrowski stated that his standard approach is to put together a Zoning memorandum, which he has already done and gave to the Board at the last meeting. He highlights what he thinks is good and bad about the Zoning and asks that the committee working on the project do the same thing. The next step is to divide the work into 2 or 3 meetings in which the following themes are discussed:

1. Job Descriptions
Building Inspectors Dept.
Special Permits
Site Plan Review
Board of Appeals
Non-Conforming Use
2. Definitions and Use Table
3. Joint meeting of residential and commercial issues
Boat storage in yards
Business equipment storage in yards for contractors and landscapers
Recreational vehicle storage in yards

Mr. Bobrowski stated he could show alternative residential devices like flexible development or inclusionary zoning. He would take all the notes from the first meetings and come back with a first draft. After review and comments he will come back with draft two. At this point he would ask for a workshop meeting to create draft three which will hopefully be the final draft. He also stated he would present the revised Bylaws at Town Meeting. Mr. Bobrowski, Mr. Duggan and the Board continued discussion with questions and answers on the process of rewriting the Bylaws.

Mr. Bobrowski informed the Board that the budget was the lowest he could possibly work for. He would have to cut one meeting out. He doesn’t feel it would be fair to the other towns he is working for at a higher cost. Mr. Bobrowski stated he could make it work for the budgeted amount but there would be limitations. He said that what he can bring to the table is a combination of his legal work and experience revising Zoning Bylaws. Mr. Bobrowski stated while doing research for his book, if something changes in the case law he knows about it because he reads every case in the Land Court, Superior Court, the Appeals Court and the Supreme Judicial Court.

Public Hearing: Common Driveway Special Permit: 4 Cushing Road
Assessor’s Map # 57-01-09-A
Applicant: Kendall Village Cohasset Builders Owner: GMAC Mortgage, LLC

Mr. Walter opened the Hearing. The applicant, Mr. Steve Bjorklund, stated for the record that he is an associate member of the Conservation Commission and this particular property has no conservation issues. It is 100% upland and the driveway is not near any wetlands. Mr. Walter stated he did not believe the Board had received the plans for this hearing and informed Mr. Bjorklund they would have to continue the hearing. Mrs. Pat Brennan Finnie moved to continue the hearing to 3/12 at 9:00PM. Mrs. Chisholm seconded the motion and the vote was unanimous.

Mr. Bjorklund asked to address the Board on a point of clarification. He has talked with Town Planner, Laura Harbottle regarding drainage. He stated that they have designed a drainage system that handles almost 200% of the runoff from the driveway on site. It has not gone to Dave Nyman for review because it has such a large safety factor built in. He said he thinks Ms. Harbottle felt that with what was in the drainage report there was such a safety margin built in then it is more than adequate. He would like clarification from the Board whether they expect it to be reviewed by Dave Nyman or not. Mr. Walter responded to remain consistent he would suggest it be sent to Dave Nyman for review.

Informal Discussion: Donation of land off Bates Lane for the purpose of constructing a water tank.

Mr. Steve Bjorklund explained to the Board he was here tonight because of a donation of land he is proposing will be going to Town Meeting and he wanted to make the Planning Board aware of it. The Town Administrator told him that this would not come before the Board unless Town Meeting voted in favor of it. He wanted the Board to see the plan in case someone wanted to talk to a Board member about it prior to Town Meeting. He explained it is a division of around one acre of property on the west side of a 5-acre parcel he owns.

Mr. Walter asked him if this was the Bates Lane plan dated 1/26/09 and was it parcel 2. Mr. Bjorklund responded yes parcel 2 is being offered to the town for $1.00 to build a water tower.

Mrs. Brennan Finnie asked him why he was donating the land. Mr. Bjorklund responded that he lives up in the west end. He has horrible water. We are at the end of the line on Indian Wind Drive. There was a proposed water tower on a parcel a couple of hundred feet away from this that the town was going to purchase. I don’t have use for this piece of property. The rest of the parcel contains septic systems for 5 houses on Indian Wind Drive. I have to pay taxes on this property and have no use for it. I discussed this with Gene Babin about 6 months ago when I heard he was looking to put a water tower on the west end within a 5 year timeframe. I approached the town and said I would donate the land if they would construct the tower within a 10-year timeframe (allowing an extra 5 years for possible budget issues).

Mrs. Brennan Finnie asked how you would access the lot. Mr. Bjorklund responded Bates Lane. Mrs. Brennan Finnie asked what improvements to Bates Lane would have to be made for access. Mr. Bjorklund responded he didn’t know. He said he does not know what the construction of the way into the Maple St. water tower is. He thinks it is just a gravel way. Mrs. Brennan Finnie asked if he owns other land up there. Mr. Bjorklund answered he owns parcel 1 shown on the plan.

Mr. Vogel asked if it was all wooded. Mr. Bjorklund answered yes except for where the septic systems are. Mr. Vogel stated he was concerned if trees would hide the tower. Mr. Bjorklund said that if Town Meeting accepts the donation and chooses to move the tower further down the parcel he would not have a problem dividing the land differently to accomplish that.

Mr. Walter spread the plan out on the table for the public to view. He asked if there were any comments from the public. Mary Ann Hennessy Bailey, 21 Conservation Way asked Mr. Bjorklund where his easement was. Mr. Bjorklund asked what easement was she referring to. Mrs. Bailey replied for the pipes. Mr. Bjorklund responded the pipes would go on Bates Lane.

Mrs. Bailey stated she owns the land the water tower was suppose to go on until a week ago. She said Mr. Babin approached them at least 6 months ago. Her family has incurred considerable engineering costs. They have an easement going up Bates Lane as well as across our property. As she understood it you have to come in one street, Clapp Road and out another to loop it. Jim McDermott, 72 Indian Wind Drive said the Town already had an agreement for a water tower. Why are we looking at this when there was already an agreement on property that has been engineered with drawings, plans etc. at such a cost.

Mr. Walter reminded the public that Mr. Bjorklund came to share something that has been discussed outside the Planning Board meetings. Mrs. Brennan Finnie stated that the Planning Board was blindsided. We had no knowledge about this. It was something that came from the Selectmen after we had worked with the Hennessey’s on their property. We were under the assumption the water tower would go there. We were surprised.

Shelly Allison, 60 Indian Wind Drive asked about the elevation. She was under the impression that the tower had to be above 150’. Mr. McDermott said the questions about the height and the looping are very relevant and asked Mr. Bjorklund why he is offering this now. Mr. Bjorklund responded he wanted to offer the town a parcel for $1.00, which achieves the same thing that would cost the taxpayers a considerable amount of money.

Mr. Carlos Perez, 18 Captain Daniel Litchfield Lane asked the Board who should the neighbors voice their concerns to regarding this issue. Mr. Walter replied the Board of Selectmen. Mr. Perez asked if this is approved at Town Meeting who will issue the Permits. Mrs. Chisholm stated that the Board of Selectmen are the Water Commissioners. Mr. Walter replied that it may be a Special Permit and he didn’t have the answer for that at the moment.

Mrs. Brennan Finnie asked how this new parcel would affect the Special Permit issued for The Glen. Mr. Walter stated he was not sure if that Special Permit would have to be re-opened. Mrs. Chisholm suggested the Board write a letter to the Board of Selectmen asking why the change when a Special Permit was already issued with the tower on The Glen property. Mr. Walter suggested the Board wait until they were able to look into the process of how it would work.

Mr. Bjorklund said that if accepted at Town Meeting, it would have to come before the Planning Board for approval of the plan. Mrs. Chisholm asked if the Board would be approving the lot and access to the lot. Mr. Bjorklund replied that as far as access to the lot is concerned, there is an easement from Indian Wind Drive. There is another easement from Indian Wind Drive as well. Mr. Bjorklund said he knows the town wants to run a line up Bates Lane. He asked that they also run a line over to tie in Indian Wind Drive so they will have a loop on the whole West End.

Mr. Walter asked how wide Bates Lane is. Mr. Bjorklund responded it is variable width but the layout is 33’. Mr. Roberts, 34 Christopher Lane asked if the elevation was the same for both locations. Mr. Bjorklund responded he did not know. Mrs. Allison stated she believed that the elevation had to be above 150’ when it came to the Hennessey lot. She also asked if any access on Bates Lane would affect its status as a Statutory Private Way. Mr. Vogel answered it would have a maintenance easement. Mr. Bjorklund responded that is a private way that the public can access. Mr. McDermott asked if this would open it for development. There was no response.

Mr. Bruce Wait, Wait Land Use Consultants, stated he represents the Maxwell Trust and asked Mr. Bjorklund why he allowed the whole process of having the Hennessey’s lay out their lot and then present this lot. Mr. Bjorklund responded that he wasn’t aware there was a set spot for the tower. He only knew they were looking for a spot for the tower. As a member of the Conservation Commission, he did not take part in the Conservation issues regarding the Hennessey’s property because he is an abutter. Mrs. Brennan Finnie asked Mr. Bjorklund if now that he knows, does he think his offer is inappropriate. Mr. Bjorklund stated he is just offering the town land for $1.00.

Mr. Roberts asked if there were further engineering costs and work to be done if the Town accepts the gift for $1.00 that may have already been spent on the Hennessy property. Mr. Bjorklund replied he would have to ask the Selectmen or Mr. Babin that question. He does not know what engineering has been done for the tower if any. Mr.
Bjorklund stated he did not know this was on the Selectmen’s agenda a couple of weeks ago or he would have gone to clear up some issues in front of the Selectmen. Mary Ann Bailey, Hennessey Trust, said she was at the Selectmen’s meeting. She found out about the meeting from word of mouth because their name was not on the agenda. They did not know their property was going to be discussed. She stated that Mr. Agnew had all of Mr. Bjorklund’s plans so she feels Mr. Bjorklund was aware. Mr. Bjorklund replied that the town retained an engineer and the town did the plan. He just offered the land. Mrs. Bailey asked why, as a taxpayer, the town did not pay for their engineering. Mrs. Bailey said that she saw Mr. Bjorklund at prior meetings. Mr. Bjorklund replied that he said he was at meetings but could not speak because of his involvement with Conservation. Mrs. Bailey responded that because he was at the meetings he was aware.

Mrs. Bailey stated that the Selectmen have them scheduled for their next meeting and they are going to vote to rescind their agreement. At their last meeting they were ready to vote to rescind but she got them to delay it to the next meeting. What will that mean for the permits they already have in place for the overall project? Mrs. Bailey asked the Board where she should go from here.

Mr. Scott Roberts said he would like to support Mrs. Bailey’s comments. He stated here we have a Selectmen’s meeting; your item # 13, the agenda item was disguised because it didn’t refer to what the item was. The interested party that has invested a lot of time and money was not made aware of it. As taxpaying citizens, we have to ask what’s going on. Whether or not it is a better deal for the town, we don’t feel we want our business conducted in that manner.

Mr. Walter apologized for the Planning Board being in the dark about this matter and asked if the Selectmen voted to accept the water tower location as part of the Hennessey subdivision. Shelly Allison responded that she believes the Selectmen approved the Hennessey plan at the January 6th meeting. Mr. Roberts stated they he believes Mr. Bangert and Mr. Babin came before the Selectmen to get approval or support of the Hennessey property as it was set up. Mrs. Brennan Finnie said that she doesn’t feel the Planning Board owes anyone an apology for being in the dark. She feels that the Planning Board is owed an apology for others operating in the dark as in alley…back alley. She said the Planning Board did not know about this.

Mr. Walter asked Mr. Bjorklund after hearing all the commentary, would he consider withdrawing his offer now. Mr. McDermott asked Mr. Bjorklund that if he has land that is not useful because it contains septic systems and he has to pay taxes on it and is willing to give to the town for $1.00 for a water tower then why not sell it to the town for open space and let the water tower remain on the Hennessey property. Mr. Bjorklund replied that the only statement he could make, through the chair, is that he would be happy to speak to him outside about that issue. Mr. Bjorklund stated that the only reason he is here tonight is because he wanted the Planning Board to see this plan. He is not trying to get something done tonight he just wanted to make the Board aware. He asked Mr. Bangert if he wanted to present this to the Planning Board and he didn’t feel he needed to be here. Mr. Bjorklund stated that the Planning Board has said they were in the dark tonight. If he didn’t come forward he would guess the Board would never have seen it.

Mr. Walter stated that he remembers from the public hearings on The Glen that the elevation was supposed to be above 150’. Mr. Bjorklund said all he knows that while speaking with Mr. Agnew and Mr. Bangert they asked him what the elevation was out there. Mr. Bjorklund told them he did not know what the elevation was. They then looked at maps and thought his lot would work.

Mrs. Chisholm said the plan presented tonight doesn’t have anything to do with the Planning Board and asked why it was being presented. She feels that something is not right. She has pages of notes regarding the water tower on the Hennessey property and then this comes along. This doesn’t concern us at this point and I don’t understand why we are discussing this tonight. Mrs. Brennan Finnie stated that at the same time this Board worked long and hard with the Hennessey’s on their project and now we find out the Selectmen have an agenda item to rescind what took several months worth of work on our part and a lot of money on the Hennessey’s part.

Mr. McDermott asked Mr. Bjorklund if he would withdraw his offer. Mr. Bjorklund responded he would prefer the Selectmen vote to not accept it rather than withdrawing it. Mr. Walter reminded everyone that the Selectmen are elected officials and he is sure they would welcome phone calls concerning this matter. He thanked the public for attending.

Motion to Adjourn: Motion duly Moved by Mrs. Brennan Finnie. Seconded by Mr. Vogel and voted unanimously to adjourn at 10:10 P.M.

Respectfully submitted,

Maureen Galvin
Secretary
Planning Board

Robert Vogel, Clerk

Date Approved: 05/28/09