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News/Events - Meeting Minutes

Scituate Planning Board, May 28, 2009
SCITUATE PLANNING BOARD

MINUTES

May 28, 2009

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

Members Absent: Mrs. Patricia Brennan Finnie

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

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

ACCEPTANCE OF AGENDA: Mr. Limbacher moved to accept the agenda. Mr. Walter seconded the Motion and the vote was unanimous.

Old Business, New Business, Correspondence, Administrative Items, Updates
Approve Minutes (02/12/2009, 02/26/2009 and 03/26/2009)

Minutes:
Dr. Afanasenko moved to approve the minutes of 2/12/09, 2/26/09 and 3/26/09. Mr. Vogel seconded the motion and the vote was unanimous.

Accounting:
Motion duly moved by Dr. Afanasenko, Seconded by Mr. Walter, and voted unanimously to pay the following:

1. ESRI – ArcView Software - $620.00

Administrative Items:
The Board discussed the anticipated resignation of Associate Member Pat Brennan Finnie. Mrs. Chisholm stated she is waiting for her letter of resignation and upon receipt, she will forward to the Board of Selectmen.

Mrs. Chisholm asked the Board how they feel about creating guidelines for Planning Board members. She stated they would include expectations regarding conduct, attendance etc. The Board discussed how rules governing appointed Boards could be applied to elected Boards as well. The Board asked Laura to speak with the Town Administrator about the issue.

Mr. Limbacher stated that the town put out the RFP for the wind turbine. They have received three responses. The Alternative Energy Committee will meet on June 2, 2009 to give a recommendation. Mr. Bangert will coordinate the town response and they will give a joint recommendation to the Board of Selectmen. Mr. Walter asked if they would address the concerns of the abutter. Mr. Limbacher responded that there were flicker and noise studies done. These can be addressed during the special permit process.

Town Planner Report

Ms. Harbottle stated she has been working with Marie Flaherty who is a spokesperson for business in the harbor. They want to put up a sign in the harbor and will probably be making a presentation to the Planning Board because they will need a Special Permit from the Zoning Board. Under our Bylaw, the Zoning Board would need a recommendation from the Planning Board. The sign will be a map with nice graphic designs showing where all the businesses are. The sign will also list special events in the harbor such as Heritage Days. There will be a handout map available as well.

Public Hearing: Common Driveway & Scenic Road Act Special Permits:
Between 87 & 103 Tilden Rd. Assessor’s Map # 45-1-3-A
Applicant: Paul Mirabito, Trustee Owner: Paul Mirabito

MOTION: Mrs. Chisholm stated that at the request of the applicant, Paul Mirabito, she would move to continue these public hearings to June 25, 2009 at 9:00. Mr. Limbacher seconded the motion and the vote was unanimous.

Review 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

Mrs. Chisholm said that the Board received a memo from Paul Scott asking to hold surety because of issues with the detention basins. At this point, Mrs. Chisholm thinks the Board should rescind their prior vote. She also informed the Board that according to Town Council, surety does not extend to installation, repair or maintenance of septic systems.

Attorney Robert Galvin representing the Homeowner’s Association said he read the memo and he had a chance to speak with Town Council Attorney Brandon Moss. He said he asked Attorney Moss if he was aware that the septic systems were part on individual properties and part in a common area. He also didn’t think Attorney Moss was completely clear on the fact that Mr. Rowe had built them as part of the development way. Attorney Galvin stated he has not had the time to fully respond to the remarks by Attorney Moss but would like to see the Board continue to June 11th to give him a chance to look at the cases and have another discussion with Attorney Moss. Also, he spoke with Neil Murphy’s attorney, Walter Sullivan, and he would be willing to come and speak to the Board to clarify some issues in Neil Murphy’s letter.

Ms. Harbottle said that regarding the notification to Mr. Rowe that the surety was being given to the Homeowner’s Association, there is a 45-day period where Mr. Rowe must be notified as to which items still need to be addressed. If he does not receive this in the 45 days then he can get the surety back. Ms. Harbottle stated she thinks the Board should rescind the vote because the 45-day period will end tomorrow. She has not heard back from Paul Scott. The Board discussed whether to rescind the vote.

MOTION: Mr. Limbacher moved to reconsider the vote regarding surety for Arborway. Mr. Walter seconded the motion and the vote was unanimous.

MOTION: Mr. Limbacher moved that the Board not release surety for Arborway until a definitive list of work to be done from DPW is received and a potential resolution to spend that money as relief to the Homeowner’s Association. Also, rescind the vote that was taken on April 12 and to notify Mr. Rowe. Mr. Walter seconded the motion and the vote was unanimous with Mrs. Chisholm, Mr. Limbacher, Mr. Walter and Mr. Vogel voting. Dr. Afanasenko abstained as he was not a Board member on April 12 therefore, not part of the original vote.