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News/Events - Meeting Minutes

MINUTES

April 9, 2009

Members Present: Mr. Donald Walter, Chairman, Mrs. Donna Chisholm, Vice Chairman, Mr. William Limbacher, Mr. Mark Fenton (arrived late)

Members Absent: Mr. Robert Vogel, Mrs. Pat Brennan Finnie

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: Mrs. Chisholm moved to accept the agenda. Mr. Limbacher seconded the Motion and the vote was unanimous.

Request for Release of Surety – Arborway Estates (19 lots, approved 8/2/1995) in the amount of $7,752.66 plus any additional accrued interest, in Town of Scituate account with Citizens Bank

Attorney Robert E. Galvin representing the Arborway Estates Homeowners Association addressed the Board. He stated that he is filling in for his son, Attorney Robert W. Galvin this evening because he is on vacation. In reference to a letter to Laura Harbottle from Attorney Galvin dated March 9th and a memo to Laura Harbottle from Attorney Galvin he said that 15 residents of Arborway Estates have suffered a substantial loss for the incompletion of the septic system. The homeowner’s have spent approximately $275,000.00 to attempt to correct the systems that failed. He said they are asking that the balance of surety $7,752.66 plus interest be released to the homeowner’s to help with the cost of these repairs.

Ms. Harbottle said she has received correspondence from Mrs. Sullivan, Health Agent stating she supports the homeowner’s. She also told the Board that Mr. Kalishes, Conservation Agent said there were some issues with the detention basin but that Conservation was holding some money on that. It is only a few hundred dollars that they are holding but Conservation took over the responsibility for reviewing and approving that detention basin. This request is unusual for the use of surety because it is generally the roads and drainage system that is covered under surety. However, it is a common septic system and it is not a tremendous amount of money. Although it won’t solve the problem, she feels the Board should give it to them.

Mr. Walter asked if there was anyone present from the homeowner’s association. Mr. Keith Haselman, 22 Fox Vine Lane, stated that this has been a very difficult situation. They would like to get it resolved and the surety could be used towards that.

Mr. Limbacher referred to the 3/21/09 memo and asked Attorney Galvin to elaborate on the first paragraph. Attorney Galvin stated there is litigation involving this situation that has not been completed. He said he really couldn’t speak too much on it as it is still pending in court. Mr. Limbacher asked if the systems were working now. Mr. Haselman responded yes they just did the last five in a row and they believe they have now fixed all of them. Mr. Limbacher asked if the litigation would recover all of the funds. Attorney Galvin responded that the litigation would not return 100% of expenses to the homeowner’s.

Mr. Limbacher asked Ms. Harbottle what other requirements there is against the money currently being held. Ms. Harbottle stated that the only other two things would be repairs to the road, which no one has mentioned problems with or you might be able to claim responsibility to the detention basin although Conservation was involved with approval. Mr. Limbacher asked if all the other aspects of the subdivision are complete. Ms. Harbottle replied no she couldn’t say that.

Mr. Walter asked when the subdivision was built. Mr. Haselman replied it was completed in April of 1999. Ms. Harbottle said the as-builts were completed and given to DPW in 1999 and at that time Arthur Rowe requested $12,500.00 be returned and it was. The town has really just been holding a nominal amount since then. Mr. Limbacher asked Ms. Harbottle if as far as she knows, there is anything outstanding. Ms. Harbottle replied no.

Mr. Joe McClusky, 100 Pratt Road, stated that he had to replace his system 4 ½ years after he moved into his house. He said he was able to move his system out of the common leaching field onto his own property in excess of a $50,000.00 cost. He stated he doesn’t expect to get more than $25,000.00 back.

Mr. Walter asked for a motion. Mr. Limbacher asked if they had a homeowner’s association. Mr. David Sincoski, 29 Fox Vine Lane, responded that they do but would like any money awarded be transferred through their lawyer who is handling the fees. Mr. Limbacher asked Attorney Galvin to provide the Board with a letter stating that his son represents the homeowner’s association. Attorney Galvin replied he would send it to Laura tomorrow.

MOTION: Mr. Limbacher moved, upon receipt of the letter, to release $7,752.66 plus accrued interest to Attorney Galvin the administrator in accordance with the wishes of the homeowner’s association. Mrs. Chisholm seconded the motion and the vote was unanimous. Mr. Donald Walter, Mrs. Donna Chisholm, Mr. William Limbacher voting. Mr. Mark Fenton had not arrived yet. Mr. Vogel and Mrs. Brennan Finnie absent.

Walk-in – Mark McKeever and Don Green

Mr. Mark McKeever, 151 Driftway, wanted to give the Board a letter and some printed information regarding his concerns on the construction of the Wind Turbine on the Driftway.

Mr. Don Green, 63 Seaside Road, also asked to leave information for the Board. Mr. Green stated he shares the same concerns as Mr. McKeever. He is very concerned at the placement of the turbine. He would like the Board to reconsider all the medical information concerning turbines as well as ice throw, flicker and sound. He is also very concerned with the proximity to the Driftway considering there have been turbines that have collapsed.

Mr. Walter thanked them for coming in. He said the Board would review the materials presented and reminded them that the turbine will also be discussed at Town Meeting.

Release surety – 770 First Parish Rd. Common Driveway (3 lots, approved 12/8/2004) consisting of a $5000 Subdivision Bond

Ms. Harbottle stated that the town is holding $5,000.00 in the form of a bond. DPW did inspect the site and everything seems to be fine. There were 3 lots. One person bought one lot and another person bought two lots. Ms. Harbottle said one of the conditions the Board had is that there would be an account with money for the maintenance of the common driveway. The man who owns the two lots is a skilled landscaper and would like to do the maintenance himself. Ms. Harbottle was concerned that if he should sell the property the new owner may not be able to continue to do the maintenance. She asked the owner and he has agreed to put $300.00 into an escrow account so there would be money there for maintenance if needed.

MOTION: Mrs. Chisholm moved to release surety for 770 First Parish Road, $5,000.00 bond. Mr. Limbacher seconded the motion and the vote was unanimous. Mr. Donald Walter, Mrs. Donna Chisholm, Mr. William Limbacher voting. Mr. Mark Fenton had not arrived yet. Mr. Vogel and Mrs. Brennan Finnie absent.

Old Business, New Business, Correspondence, Administrative Items, Updates

Motion duly moved by Mrs. Chisholm, seconded by Mr. Limbacher and voted unanimously to pay the following:

1. Full Circle Technology - Update to Zoning Layer $1,000.00
2. Landlaw Specialty Publishers – Mass Land Court Reporter $ 210.00
3. Reimbursement to Ms. Harbottle – New office telephone $ 145.02
4. Reimbursement to Ms. Harbottle – Travel mileage $ 116.24

Zoning By-Law Revision Consultant

Mr. Walter asked Ms. Harbottle if Mr. Bobrowski is comfortable with the $20,000.00 budget. Ms. Harbottle responded that he is not really comfortable with the amount but has agreed to do it for that amount.

Mrs. Chisholm said that she feels both consultants presented themselves very well. She is afraid that given the budget, Mr. Bobrowski may give us a model of other towns not directly related to Scituate. She is also afraid the town may not get anything extra such as inclusionary zoning. She stated that she feels Ms. Saint Andre will provide us with a much better deal and the town will get more work done. Mr. Walter agreed.

Mr. Limbacher said he wasn’t here for the last presentation; however, he has worked with Ms. Saint Andre on this Board as well as on the ZBA. He feels that she will give a quality product.

Mr. Walter said he would be comfortable with either consultant. He likes Mr. Bobrowski’s approach but at the same time Ms. Saint Andre has had more experience with our issues here in Scituate.

MOTION: Mr. Limbacher moved to hire Barbara Saint Andre with the understanding that when Mr. Mark Fenton arrives they can reconsider if he has any objections. Mrs. Chisholm seconded the motion and the vote was unanimous. Mr. Donald Walter, Mrs. Donna Chisholm, Mr. William Limbacher voting. Mr. Mark Fenton had not arrived yet. Mr. Vogel and Mrs. Brennan Finnie absent.

Stormwater Regulations

Ms. Harbottle told the Board the Stormwater Regulations draft has been put up on the website and she told people it was being reviewed by the Planning Board. She would like to have Dave Nyman review it but would need to find out the cost. Ms. Harbottle said there was a recent building permit application and the contractor was going to have a 3:1 slope at the back of the property line. After meeting with him, he has redone the plans and is using a terraced retaining wall to correct the problem. She also reported that the Board might have the first Public Hearing coming up on a property on Booth Hill Road. There is a long driveway that will cut into a slope. It definitely has more than 15,000sf of clearance. Mr. Walter asked how the Board would regulate it. Ms. Harbottle responded that she and Mr. Kalishes could make recommendations or ask that they put money into an account to have an engineer look at it.

Mr. Walter asked what the next step regarding the regulations should be. Ms. Harbottle responded that she would check with Dave Nyman to see if he will review them and she will place a legal ad for a Public Hearing.

Mr. Mark Fenton arrived at the meeting (8:25pm).

Mr. Walter informed Mr. Fenton that the Board had discussed the Zoning By-law consultant and voted for Barbara Saint Andre. Mr. Fenton stated that he would have been happy to work with both candidates and thinks Ms. Saint Andre will do a great job. He had no objections.

Request for Release of Surety – Greenfield Estates (4 lots, approved 10/7/2003)
in the amount of $46,847.44 plus any additional accrued interest, in Town of Scituate account with Citizens Bank

Attorney Michael Hayes addressed the Board representing the applicant, Phillip Santiano. He stated DPW looked at the property with Paul Mirabito and according to the DPW memo there are two issues remaining. They would like the grass strip along the right side of the roadway replaced and remove debris and invasive vegetation from the stormwater detention basin. Mr. Hayes said that Mr. Dan Lydon (DPW) suggested that $5,000.00 should be held to cover this work.

MOTION: Mr. Limbacher moved to release $40,000.00 of the remaining surety for Greenfield Estates. Mr. Fenton seconded the motion and the vote was unanimous.

Zoning Bylaw Revision Committee

The Board discussed the new committee that will be set up for the Zoning Bylaw revision. There was discussion on advertising for the members at large. The Board also discussed Mr. Danehey’s mention of the By-Law Review Commission. Mr. Limbacher read the description of the By-Law Review Commission from the Towns General Bylaws and the Board determined their purpose is to review the revised bylaw when completed and report at Town Meeting. Mr. Limbacher offered to discuss this with Mr. Danehey. Mr. Fenton offered to act as facilitator to the committee if Ms. Saint Andre is in agreement.

Continuation of 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 stated that the application meets the Zoning Bylaws and Mr. Dave Nyman (CEI) has been satisfied. Mr. Steve Bjorklund, applicant, said that this is a great project and a very good use of the common driveway. He said they currently have two lots under agreement and are negotiating the third.

Ms. Harbottle said that most of the issues have already been vented. The Board did try to get a bigger buffer area for the tomb but didn’t get that. The developer will work to protect the tree and put up a plaque where the plaque is missing.

Mr. Bjorklund said the biggest issue was to bring the water main up from Neal Gate. Paul Scott asked for certain things in his review comments regarding easements etc. The State has specific ways they handle state roads. The State can’t grant easements. They can give licenses for them to be able to go in and maintain the line. Abutters to the way can allow the town to come in and fix a water main but the State won’t grant an easement to the town. However, they are committed to work with DPW and the State through this process.

MOTION: Mr. Limbacher moved to close the Public Hearing. Mrs. Chisholm seconded the motion and the vote was unanimous.

MOTION: Mr. Limbacher moved the following Findings of Fact. Mr. Fenton seconded the motion and the vote was unanimous.

1. On February 4, 2009, Kendall Village Cohasset Builders submitted an application for approval of a Common Driveway to serve three lots, shown as Lots A, B and C on a Common Driveway Special Permit Plan, titled “Lots A, B and C, Cushing Rd.” This plan was prepared by Ross Engineering and dated February 3, 2009.
2. The property served by the Common Driveway is adjacent to Cushing Memorial State Park, which contains the tomb of Chief Justice William Cushing. The applicant will provide a conservation restriction easement to preserve trees on Lot A adjacent to the area containing the tomb. Cushing Rd. was deeded to the Commonwealth of Mass. by the Scituate Historical Society.
3. The driveway will be 106’ long. It will reduce the number of entrances onto Cushing Rd. from three to one, which will reduce the number of trees that will need to be removed for construction, and improve traffic safety.
4. Drainage calculations were submitted with the plan, and were reviewed by the Planning Board’s consulting engineer. The stormwater management system is expected to reduce the amount of stormwater that would flow onto Cushing Rd. in the event of a major storm. Developers of Lots A and C will be expected to file with the Planning Board for approval of Stormwater Permits.
5. The Common Driveway at 4 Cushing Rd. meets the requirements of Section 780 of the Scituate Zoning Bylaw, Common Driveways.

MOTION: After discussion regarding conditions, Mr. Limbacher moved to approve the Common Driveway Special Permit with the following conditions. Mr. Fenton seconded the motion and the vote was unanimous.

1. The Common Driveway shall be constructed according to plans and a cross-section entitled “Lots A, B and C, Cushing Rd.”, prepared by Ross Engineering and dated February 3, 2009 and any revisions required to conform to the conditions of this Special Permit.

2. Prior to obtaining building permits, the applicant must obtain all necessary approvals from the Board of Health, Department of Public Works (DPW), Fire Department and Building Department.

3. A new 8” main shall be installed in Cushing Rd. from Neal Gate St. to a proposed hydrant as shown on a plan on file with the DPW. The water distribution system, including this main and its appurtenances, shall comply with all requirements of the DPW Water Division. Installation of the water distribution system, including the new water main and its appurtenances, shall be included in the improvements guaranteed by the Planning Board Covenant.

4. The developer must provide a written grant of permission to the Town of Scituate for future maintenance of the 8” main and its appurtenances prior to issuance of the first building permit before the start of construction.

5. The developer shall allow the present homeowners on Cushing Rd. to connect to the new 8” water main.

6. The language of the conservation restriction on Lot 1 will be finalized with input from the Massachusetts Department of Conservation & Recreation (DCR.) The applicant will work with the DCR and install a plaque to replace one that is missing on the stone post at the entrance.

7. The applicant shall use adequate protection to avoid damage to the stone posts at the entrance to Cushing Rd. and trees in the road layout, as determined by consultation with the Manager of the State Park. Any damage, which occurs during construction, shall be repaired prior to the return of the bond. No soil or other material is to be piled against these trees during any phase of construction.

8. Prior to the start of construction, the applicant shall provide the Planning Board a $10,000 bond which shall be released upon repaving of Cushing Rd. satisfactory to the Town and Commonwealth of Mass. After the DPW has inspected the site and found clean-up to be complete, these funds shall be returned to the applicant with interest, if any is due.

9. No further extensions or attachments of any other roadways or Common Driveways, or other access to any other lots besides those created by this plan, shall be permitted. The lots on this plan shall not be further subdivided, and this condition is indicated by a note on the plan.

10. The Common Driveway and drainage system shall be owned by the homeowners, and always shall remain private and shall not be maintained by the Town. This condition shall be stated in a note on the plan.

11. There shall be a Common Driveway Agreement between the Town and the property owner(s) to identify the responsible party for maintenance of the drainage system and Common Driveway.

12. A recorded copy of the Common Driveway Agreement shall be provided to the Planning Board no later than two months after this Special Permit is filed with the Town Clerk and prior to the issuance of a Certificate of Occupancy for any lot served by the Common Driveway.

13. All utilities serving Lots A, B and C shall be located underground to the extent possible.

14. The plan for the Common Driveway shall be submitted to the Planning Board for their signature after the expiration of the twenty day appeal period on this Special Permit. The Special Permit and the Common Driveway Agreement shall be recorded at the Plymouth County Registry of Deeds. A copy of the recorded documents shall be forwarded to the Planning Board within three months of the date of recording.

15. Construction of the Common Driveway shall be supervised by a registered professional engineer who shall certify in writing to the Building Commissioner/Zoning Enforcement Officer at completion that the driveway and drainage structures were constructed in accordance with the approved plans. The costs of this supervision and certification shall be born by the applicant.

This certification shall be accompanied by as-built plans, signed and stamped by a registered professional land surveyor and the supervising engineer. As-built plans shall include the locations of easements for all drainage structures including swales and must be provided to the Department of Public Works, with a copy to the Planning Board, within three months of the completion of construction of a Common Driveway.

16. The hours of construction shall be limited to 7 AM to 7 PM weekdays and 8AM to 4 PM Saturdays, with no work to occur on Sundays or holidays.

17. Noise mitigation and proper dust controls shall be used, with clean-up of all areas of the site as needed, and there shall be no truck idling on the site or adjacent street.

18. This Special permit shall lapse within two years from the date of its issuance unless substantial use or construction has commenced prior to that time, in accordance with M.G.L. Chapter 40A, Section 9.

19. Failure to comply with any condition of this Special Permit shall cause it to be deemed invalid.

MOTION TO ADJOURN: Motion duly Moved by Mrs. Chisholm. Seconded by Mr. Limbacher and voted unanimously to adjourn at 10:04 P.M.

Respectfully submitted,

Maureen Galvin
Secretary, Planning Board

Donna Chisholm, Vice Chairman

Date Approved: