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News/Events - Meeting Minutes

MINUTES

July 9, 2009

Members Present: Mrs. Donna Chisholm, Chairman, Mr. William Limbacher, Vice Chairman, Mr. Donald Walter, Mr. Robert Vogel, and Dr. Nico Afanasenko, (Associate Member position vacant)

Members Absent: None

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 7:33 p.m.

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

Form A Plan, 10 Lincoln Street - Assessor’s Map 73-1-1
Applicant: David & Nancy Colella - Owner: John & Rose Colella

Mr. Richard Grady, Grady Consulting, addressed the Board representing the applicant. Mr. Grady stated there are 3 lots on Lincoln Street and the applicant would like to take the middle lot and cut it in two. They are constructing a garage adjacent to the existing house at 10 Lincoln St. and this will give them the additional land area they need to accomplish that.

Mrs. Chisholm asked Ms. Harbottle for comments. Ms. Harbottle stated she does not have any comments on this as a Form A but recommended a note be sent to Mr. Duggan that there could be Zoning issues.

MOTION: Mr. Walter moved to endorse the Form A for 10 Lincoln St., Dr. Afanasenko seconded the motion and the vote was unanimous. Mrs. Chisholm, Mr. Vogel, Mr. Walter and Dr. Afanasenko voting. Mr. Limbacher had not yet arrived to the meeting.

Mr. Limbacher arrived at 8:10PM

Discussion - Design improvements for Cole Parkway

Dr. Afanasenko presented the Board with a preliminary plan he has been working on with Ms. Harbottle to improve Cole Parkway. He said they would like to increase green space and improve the flow of traffic while maintaining or increasing the number of parking spaces. The Board along with Selectman Richard Murray viewed the proposed plan and offered suggestions and opinions. Dr. Afanasenko stated they would continue working on the plan and present again at a future meeting for further discussion.

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

(The public hearing for this application was opened and closed at the 6/25/09 meeting.)

Mrs. Chisholm recused herself because she was not present at a prior hearing regarding this application.

MOTION: After discussion, Mr. Walter moved the following Findings of Fact as amended. Dr. Afanasenko seconded the motion and the vote was unanimous. Mr. Limbacher, Mr. Vogel, Mr. Walter, Dr. Afanasenko voting on the motion. Mrs. Chisholm abstained.

1. A Form A Plan titled Plan of Land in the Town of Scituate, Massachusetts, Tilden Rd., Owner/Applicant Tilden Rd. Realty Trust, by Ross Engineering Co., Inc., showing three lots, was endorsed by the Planning Board on January 10, 2008.

2. An application for approval of a Common Driveway to serve three lots, shown as Lots 1, 2, and 3 on a Common Driveway Special Permit Plan by Paul Mirabito, PLS of Ross Engineering Co., Inc., titled Between 87 and 103 Tilden Rd., dated February 20, 2009, was filed with the Planning Board on June 24, 2009.

3. The above referenced plan shows the Common Driveway accessing the lots over the frontage of Lot 2.

4. The Common Driveway will reduce the number of entrances onto Tilden Road, improving traffic circulation and safety on a narrow, winding road.

5. The Common Driveway is proposed to have a paved width of 14’. A Memo from the Fire Chief states that this width is adequate for emergency vehicles.

6. The base is proposed to consist of 12” of graduated processed stone with a 1 ½” top course over a 1 ½” base course.

7. A drainage system for the proposed Common Driveway, including a small drainage detention area, was reviewed and approved by C.E.I., Inc., the consulting engineer for the Planning Board.

8. The three lot Common Driveway at 87 - 103 Tilden Rd. meets the requirements of Section 780 of the Scituate Zoning Bylaw, Common Driveways.

MOTION: After discussion, Mr. Vogel moved to approve the Common Driveway Special Permit with the following Conditions as amended. Mr. Limbacher seconded the motion and the vote was unanimous. Mr. Limbacher, Mr. Vogel, Mr. Walter, Dr. Afanasenko voting on the motion. Mrs. Chisholm abstained.

1. The Common Driveway shall be constructed according to plans and a cross-section detail entitled Common Driveway Special Permit Plan by Paul Mirabito, PLS of Ross Engineering Co., Inc., titled Between 87 and 103 Tilden Rd., dated February 20, 2009, revised June 10, 2009.

2. Prior to obtaining building permits, the applicant must obtain all necessary approvals from the Board of Health.

3. There shall be no further extensions or attachments of any other roadways or Common Driveways to this Common Driveway. The lots shown on this plan shall not be further subdivided. No access over this Common Driveway shall be permitted to any lots besides those shown on this plan.

4. The Common Driveway and its entire drainage system shall be owned by the homeowners and shall not be maintained by the Town. A Maintenance Agreement shall specify that the maintenance and repair of the Common Driveway and drainage system are the responsibility of the owners of Lots 1, 2 and 3, and that to the extent the Common Driveway and drainage system are not properly maintained, the Town shall assign costs of maintenance and repair of the Common Driveway and drainage system to the owners of Lots 1, 2 and 3 and may impose liens on the properties equal to the amount of each property owner’s share of the cost. This language shall also be included in the Maintenance Agreement.

5. The Maintenance Agreement shall be recorded with the Plymouth County Registry of Deeds.

6. Water service shall be constructed as shown on the plan, with connections and appurtenances as required by the Scituate DPW Water Division. Details (construction drawings and submittals) of the proposed water main and appurtenances will be provided to the DPW for their approval prior to the issuance of building permits.

7. 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. 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 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.

8. The Building Commissioner shall not issue a final Certificate of Occupancy for a dwelling served by a Common Driveway unless the Building Commissioner is satisfied that access, construction of the Common Driveway, installation of necessary utilities and site restoration are in full compliance with the approved plans and the Special Permit.

9. Construction phasing and schedules shall be reviewed at the pre-construction conference. 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.
10. 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 streets. There shall be no off-site parking or standing of construction vehicles.
11. Prior to beginning construction of the Common Driveway, the applicant shall post a bond for $5,000 to guarantee finishing site work and clean-up of the site. After the Department of Public Works has inspected the site and found all work including clean up to be complete, it shall so certify to the Planning Board. Thereafter, the Planning Board may release these funds to the applicant.

12. The Applicant shall assume the costs of monitoring for compliance with this Special Permit, if deemed necessary by the Planning Board.

13. This Special Permit shall be void if it is not recorded at the Registry of Deeds within 60 days of the end of the appeal period, or the resolution of any appeals. The owner shall provide proof of recording to the Planning Board.

MOTION: Mr. Walter moved to accept work on a Scenic Road as presented on a plan dated 2/20/09 and amended 6/24/09. Mr. Limbacher seconded the motion and the vote was unanimous. Mr. Limbacher, Mr. Vogel, Mr. Walter, Dr. Afanasenko voting on the motion. Mrs. Chisholm abstained.

Motion to Adjourn: Motion duly Moved by Mr. Limbacher. Seconded by Mr. Walter and voted unanimously to adjourn at 9:00 P.M.

Respectfully submitted,

Maureen Galvin
Secretary
Planning Board

Dr. Nico Afanasenko, Clerk

Date Approved: