MINUTES

April 23, 2009

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

Members Absent: Mr. Mark Fenton, 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: Mr. Walter asked that the Board add further discussion of the Zoning By-Law Review process to the agenda. Mr. Vogel moved to accept the amended agenda. Mrs. Limbacher seconded the Motion and the vote was unanimous.

Old Business, New Business, Correspondence, Administrative Items, Updates,
Approve Minutes (1/8 & 1/22)

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

1. Partial return of surety – Greenfield Estates $40,000.00
2. Return of balance in Guarantee Account – 770 First Parish Rd. $ 1,793.00

Motion duly moved by Mr. Vogel, seconded by Mr. Limbacher and voted unanimously to approve the minutes of January 8, 2009. Mr. Walter abstained from the vote, as he was not present at that meeting.

Motion duly moved by Mr. Vogel, seconded by Mr. Limbacher and voted unanimously to approve the minutes of January 22, 2009.

Town Planner Report

Ms. Harbottle addressed the Board with the following items:

1. A reminder to the Board that when people come in requesting return of surety they should be told that the process may take a few weeks. The request has to go through the proper channels at Town Hall before a check is mailed out.
2. There are a lot of project reviews on the Stormwater Bylaw. There is one on Booth Hill Road who came in today. Their closing had to be put off a week because they didn’t make considerations for stormwater.
3. Ms. Harbottle stated she is in receipt of a copy of an Environmental Notification form for the town proposed pedestrian bridge off the Driftway towards Herring Brook Meadow. The town got CPA money to do the design and permit. The money for the construction has not been allocated yet. Ms. Harbottle thinks it is a nice improvement for the Town of Scituate and would recommend the Board write a letter of support to MEPA regarding the project. Mr. Walter asked if anyone had any objections to the letter of support and the Board responded no. Ms. Harbottle offered to draft the letter.
4. Regarding the surety on Arborway, our office did hear from Mr. Rowe. He was not pleased with the Board’s decision and will write a letter. The Board’s vote started a 45-day process where he can attempt to resolve the issue within the 45 days and then have the surety given back to him. Mr. Limbacher suggested the Board schedule Mr. Rowe and Attorney Galvin for the next meeting. Ms. Harbottle agreed.

Zoning By-Law Revision Committee

Mr. Walter reminded the Board that at our last meeting, it was decided the Planning Board ask other Boards to help in appointing members to the Zoning By-Law Revision Committee, which was decided to be:

2 members from the Planning Board
1 member from the ZBA
1 member from the Board of Selectmen
1 member at large
Laura Harbottle
Neil Duggan

Mr. Walter stated that after the Board put the memo out, it was brought to our attention that under section 9 of the Town Charter the appointing authority to a committee for revisions or recodification is the Board of Selectmen. He and Mr. Limbacher had a meeting with Selectmen Rick Murray and John Danehey. It was decided that the committee would consist of:

2 members from the Planning Board
2 members from the ZBA
1 member from the Board of Selectmen
2 members at large

Mr. Walter said Town Planner, Laura Harbottle, Zoning Enforcement Officer, Mr. Duggan and Conservation Agent, Mr. Kalishes would be non-voting members. The Chairman and Vice Chairman will be a Planning Board and a Zoning Board member.

The Board continued discussion on the committee. Ms. Harbottle informed the Board that some applications have come in for the members at large position. Mr. Limbacher stated that the Board of Selectmen would provide clerical support.

Request to extend time for completion of Flexible Open Space Development Special Permit for Dreamwold Estates from 8/17/2009 to 8/17/2011
(3 new lots at 29 Dreamwold Rd., approved 7/5/2005)

Attorney Jeff De Lisi addressed the Board representing applicants William and Mary Hogan. He stated that he believes the permit was issued in May of 2005. Mr. De Lisi said that the permit does not have an expiration date. However, he had been asked by his client to extend the permit a couple of years ago and it was extended to August 2009. Due to the economy and health issues, Mr. Hogan is asking that the permit be given another two-year extension. In the meantime, he is seeking alternative, less costly ways to extend the water line. He would like the permit extended to August 2011.

Mr. Walter asked the Board for comments or a motion.

MOTION: Mrs. Chisholm moved to extend the Flexible Open Space Special Permit from August 17, 2009 to August 17, 2011. Mr. Vogel seconded the motion.

Mr. De Lisi asked that condition 8 on the Certificate of Action also be extended to August 17, 2011.

MOTION: Mr. Limbacher moved to amend the motion to include, that the Certificate of Action, which requires the installation and construction of ways and municipal services, be completed no later than August 17, 2011. Mrs. Chisholm seconded the amended motion and the vote was unanimous.

Form A Plan, Behind 820 First Parish Rd. Assessor’s Map 29, no block, no parcel
Applicant/Owner: Kendall Village Cohasset Builders

Mr. Steve Bjorklund addressed the Board. He stated that this was a Form A that was already endorsed by the Board in 2007. There have been title insurance issues and on the original approved plan the line was not accurate. The title insurance company, after two years of research, has stated that is not the line they want them to hold. They want them to go out to the line shown on the new plan. On the northerly and westerly side the land has expanded a small distance.

MOTION: Mrs. Chisholm moved to endorse the Form A. Mr. Vogel seconded the motion and the vote was unanimous.

MOTION TO ADJOURN: Motion duly Moved by Mr. Limbacher. Seconded by Mrs. Chisholm and voted unanimously to adjourn at 8:49 P.M.

Respectfully submitted,

Maureen Galvin
Secretary, Planning Board

Robert Vogel, Clerk

Date Approved: