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Scituate Planning Board, June 25, 2009 SCITUATE PLANNING BOARD MINUTES June 25, 2009 Members Present: Mr. William Limbacher, Vice Chairman, Mr. Donald Walter, Mr. Robert Vogel, Dr. Nico Afanasenko, (Associate Member position vacant) Members Absent: Mrs. Donna Chisholm, Chairman Others Present: Ms. Laura Harbottle, Town Planner Mr. Limbacher called the meeting to order at 7:34 p.m. ACCEPTANCE OF AGENDA: Mr. Walter moved to accept the amended agenda. Mr. Vogel seconded the Motion and the vote was unanimous. Review Status of Construction/Surety – Definitive Subdivision Plan Northey Estates Mr. Walter recused himself as an abutter to the property. Mr. John Tedeschi addressed the Board. He stated that due to weather he was unable to pave the road. He hopes that he will be able to get this done in the next week. He has done some work such as lifting gates to prepare for paving and the paving should be a one-day process to complete. Mr. Tedeschi said he did speak with Mr. Kalishes in Conservation and he would like him to come back in front of the Conservation Board. There was a small swale not constructed on one of the treatment ponds. When he walked the site with Dave Nyman and Matt Lunstead (CEI) they felt it wasn’t needed. Mr. Tedeschi stated he has to do the annual cleaning on some of the basins but Mr. Kalishes didn’t have an issue with that. He still has to set the bounds, which will take a full day and then have the engineer set the points. After the paving is finished, he will bring in some topsoil and hydroseed. Mr. Tedeschi stated he should be 98% completed by the bond date of 8/6/09. He asked the Board to consider a review in two weeks to reduce the amount of the bond suggesting $5,000.00 should be more than enough at that time. Ms. Harbottle said that she is on the same page with Mr. Tedeschi. She feels the Board should put this back on the agenda for July 23rd. Dr. Afanasenko asked if there would be any concern with the timetable and the bond issues. Ms. Harbottle replied she would write a letter to the bond company and explain what has happened and what is expected to happen. She would let them know that on 8/6/09 there will have to be a bond renewed in some amount. If the bond company replies that they will not renew under any circumstances then we will have to have a meeting in two weeks to review again. Mr. Tedeschi agreed to stay in contact with Ms. Harbottle to give updates on the status of the work. Mr. Vogel asked if the paving company was lined up. Mr. Tedeschi replied yes he is using P. A. Landers. Dr. Afanasenko asked about the guardrail issue. Mr. Tedeschi responded that had been waived along with the yellow stripe. MOTION: Mr. Vogel moved to put this item on the July 23rd agenda and to have Laura contact the bond company with an update to be given at the July 9th meeting. Dr. Afanasenko seconded the motion and the vote was unanimous. Mr. Limbacher, Mr. Vogel and Dr. Afanasenko voting. Mr. Walter abstained. Review Request for Release of Surety Definitive Subdivision Plan Arborway Estates Ms. Harbottle said she heard from Town Counsel 3 weeks ago and they stated that septic systems were not municipal services. They advised the Board to look at the surety as potentially assignable to the work that is outstanding. The question is what work is still outstanding and what is the cost. Ms. Harbottle said she did hear from Mr. Kalishes and Mr. Scott. Mr. Kalishes emphasized the issue that the COC for the detention basin is still needed. Mr. Scott spoke about some issues that she and Mr. Lydon saw when they went out there. There are issues with a catch basin, pavement and sidewalk. DPW also asked that the road be repaved but she feels this is something the Board would have to think about. Ms. Harbottle said the remaining work could cost more than the $7,800.00. Therefore, there would be nothing to return to the homeowners. Mr. Rowe stated that he sent Conservation and DPW letters three months ago asking if they had any issues. He said he has not received a response from either. Mr. Rowe said he does have a full Certificate of Compliance from Conservation from 1998 releasing all the lots from Conservation, work on detention basins, meeting all the conditions etc. He will send someone out to look at the crack in the road and sidewalk. Mr. Vogel said that there appears to be a difference of opinion on the remaining work that needs to be done and asked how to resolve that. Mr. Limbacher stated that Conservation is looking for a Certificate of Compliance. DPW is looking to have the paving and catch basin done. Ms. Harbottle suggested that the Board set up a timetable with Mr. Rowe detailing when the work will be done. Dr. Afanasenko asked Mr. Rowe if one month would be good. Mr. Rowe replied that he is just now hearing what remaining work the town is looking for. Mr. Walter suggested he speak with DPW. Mr. Sincoski, 29 Fox Vine Lane, said that they had just received a copy of the memo from DPW. He asked that the Board to let the association review the work left to be done before the Board comes to a decision so they can offer an opinion. MOTION: Dr. Afanasenko moved to forward the DPW memo to Mr. Rowe asking for a status report the first week in July regarding any difference of opinion in the work left to be done and to add as an item to the July 23 agenda for review. Mr. Vogel seconded the motion and the vote was unanimous.
Mr. Thomas Stone, 16 Cornerstone Lane, addressed the Board. He stated the As-Builts were submitted and hoped the Board heard from Mr. Scott. Ms. Harbottle said she received the letter at the end of the day and gave a copy to Mr. Stone. Mr. Limbacher asked Mr. Stone what the status of the easement to the Town of Scituate was. Mr. Stone said he did not know if it was filed. MOTION: Mr. Walter moved to release the surety pending documentation provided to Laura Harbottle that the easement has been recorded. Mr. Vogel seconded the motion and the vote was unanimous. Mary Ann Bailey addressed the Board. She is requesting an extension on the July 11, 2009 deadline for endorsement of the Definitive Subdivision Plan. Mrs. Bailey stated that they have not been able to get DPW to meet with their Engineer regarding the drainage on Summer St. She said they have been trying to set this up with DPW since March and they have received little or no response. MOTION: Mr. Walter moved to extend the deadline to November 11, 2009 and to send a memo to Mr. Bangert with a copy to Mr. Scott asking them to respond to this issue. Mr. Vogel seconded the motion and the vote was unanimous.
1. Full Circle Technologies - $3,895.00
Ms. Harbottle informed the Board that National Grid put the utility box in the easement granted for the cemetery down at Riverway. National Grid mistakenly thought it was their easement. Ms. Harbottle said she spoke with a contact at National Grid. She sent her a copy of the plan and asked her to get back in touch with a timetable of when they plan to move it. Ms. Harbottle said that she and Dr. Afanasenko have been discussing ways to improve Cole Parkway. Dr. Afanasenko stated that the goal is to reorganize, make it flow better, make it more useful for commerce parking and to increase green space. Dr Afanasenko showed a preliminary plan outlining some of the proposed ideas for changes to the Board.
Mr. Mirabito stated that he has owned this parcel of land since 1975 when he purchased it from Sam Tilden. He is proposing to create 3 house lots with 3 single-family homes. The parcel is 2.6 acres. There are 2 special permits approved from the Zoning Board this year on lot #2 and #3. The Board of Health has approved the septic systems. There are some trees within the layout that should be removed. There was a traffic report prepared that was reviewed by Traffic Rules and Regulations and they were in favor of the work proposed. The revised site plan shows a fire hydrant in the middle of the driveway at the request of the Fire Chief. Mr. David Nyman, CEI, stated that he has reviewed the plan and resolved any potential issues he had with the applicant, which are reflected on the revised plan. Mr. Walter asked if there were any comments on the Scenic Road Act. Ms. Harbottle stated they have one 22” tree to remove. Mr. Mirabito said there is another dead tree they are being asked to remove for a total of six. Mr. Walter moved to close the Common Driveway Special Permit and Scenic Road Act Public Hearings. Mr. Afanasenko seconded the motion and the vote was unanimous.
Respectfully submitted, Maureen Galvin Dr. Nico Afanasenko, Clerk Date Approved:
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