Printer Friendly Layout

News/Events - Meeting Minutes

SCITUATE PLANNING BOARD
MINUTES
April 29, 2010

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

Members Absent: Mr. Donald Walter, Associate Member seat vacant

Others Present: Ms. Laura Harbottle, Town Planner

See Sign-in List for names of others present at this meeting.

Location of meeting: Selectmen’s Hearing Room, Town Hall

Mrs. Chisholm called the meeting to order at 7:00 p.m.

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

Continuation of Public Hearing: Stormwater Regulations and Checklist/Application
(See drafts dated 10/23/2009 on file with Town Clerk and Planning Board)

Ms. Harbottle said she met with Mr. Limbacher and Mr. Kalishes to work out any outstanding issues regarding the regulations. Ms. Harbottle referred to the 4/20/10 draft as the most current version as a result of the meeting. Mrs. Chisholm asked for a motion.

MOTION: Dr. Afanasenko moved to close the Public Hearing form Stormwater Regulations and Checklist/Application. Mr. Limbacher seconded the motion and the vote was unanimous in favor. Mrs. Chisholm, Mr. Limbacher and Dr. Afanasenko voting on the motion. Mr. Walter was absent, Mr. Vogel had not yet arrived to the meeting and the Associate Member seat vacant.

MOTION: Dr. Afanasenko moved to approve the Stormwater Regulations and Application as drafted 4/20/10. Mr. Limbacher seconded the motion and the vote was unanimous in favor. Mrs. Chisholm, Mr. Limbacher and Dr. Afanasenko voting on the motion. Mr. Walter was absent, Mr. Vogel had not yet arrived to the meeting and the Associate Member seat vacant.

Old Business, New Business, Correspondence, Administrative Items, Updates
Accounting – Approve 1/28/10, 2/11/10 & 2/25,10 Minutes

Ms. Harbottle said that there is a covenant for Ingrid Lane that needs to be signed by the Board. The Board signed the covenant.

Minutes

MOTION: Mr. Limbacher moved to approve the minutes for 1/28/10, 2/11/10 and 2/25/10. Dr. Afanasenko seconded the motion and the vote was unanimous. Mrs. Chisholm, Mr. Limbacher and Dr. Afanasenko voting on the motion. Mr. Walter was absent, Mr. Vogel had not yet arrived to the meeting and the Associate Member seat vacant.

Accounting

MOTION: Dr. Afanasenko moved to approve the following purchase orders. Mr. Limbacher seconded the motion and the vote was unanimous in favor. Mrs. Chisholm, Mr. Limbacher and Dr. Afanasenko voting on the motion. Mr. Walter was absent, Mr. Vogel had not yet arrived to the meeting and the Associate Member seat

1. Nobles - $1,143.75
2. ESRI - $400.00
3. CEI - $3,750.00

Mr. Vogel arrived at the meeting at 7:25.

Update – Walnut Tree Hill, Completion of Improvements

Ms. Harbottle said she could not get in touch with Mr. Eisenhaure. She did speak with the Bonding Company. They are paying SLT to do work. They would like to have the work done in two weeks. They asked if the Town could wait until then to do the review. Mrs. Chisholm asked if they are working off the list of items that need to be done. Ms. Harbottle replied yes and she also spoke to them about the frost heave in the road and Old Oaken Bucket Road.

Dr. Afanasenko had to leave the meeting at 7:40.

Ms. Harbottle said that the application for funds to continue the Gannett Road Bike Path has been submitted. She spoke with Barbara Lydon who has a master plan for sidewalks. She will be meeting with the state in Boston on 5/6 at 3:00pm. Ms. Lydon asked Ms. Harbottle to encourage members of the Planning Board to attend the meeting. Mr. Vogel said he might be able to attend.

Ms. Harbottle said that on 5/13 at 12:00pm she would be meeting in the Transportation Building in Boston to speak about the little piece of sidewalk on Stockbridge Road. She welcomed any Board member to attend.

Stormwater Permit, 520 Chief Justice Cushing Highway
Applicant: K & E Construction Owner: Jerome MacDonald
Assessor’s Map: 37-2-20-A

Mr. Kevin Grady, Grady Consulting LLC, addressed the Board representing the applicant. He stated there would be a single-family house on 42,300sf of land in a Residence A-1 zone. Mr. Grady explained the plan to the Board. Mr. Grady said that he spoke with Ms. Harbottle about keeping Rte.3A as a greenbelt. He said they would be planting 30 white pine trees in front to buffer the house.

Mr. Limbacher asked Mr. Grady to explain design of the septic system. His concern was that it would be visible from the highway. Mr. Grady said the screening would help that. Mr. Limbacher asked Ms. Harbottle how far from the greenbelt could they build. Ms. Harbottle said there is a 100ft. setback but the lot existed before that zoning was adopted so it is not subject to that zoning.

Mr. Vogel asked if the view would be blocked by the retaining wall on the driveway. Mr. Grady replied it should not block the view. Mr. Vogel asked if there were any highway regulations. Mr. Grady said they have to apply to Mass. Highway for a curb cut.

Mrs. Chisholm asked Ms. Harbottle for comments. Ms. Harbottle said it is not an ideal situation because the house had to be pushed up front due to the lot width but the tree buffer will be good.

MOTION: Mr. Vogel moved to approve a Stormwater Permit for 520 Chief Justice Cushing Highway as shown on the plan dated April 8, 2010 by Grady Consulting, LLC with the addition of 30 white pine trees along Rte.3A as discussed. Mr. Limbacher seconded the motion and the vote was unanimous in favor. Mrs. Chisholm, Mr. Limbacher and Mr. Vogel voting on the motion. Mr. Walter was absent, Dr. Afanasenko had to leave the meeting and the Associate Member seat vacant.

Stormwater Permit, 55 Hollett Street
Applicant/Owner: Michael Goldberg Assessor’s Map: 20-8-2

Attorney Adam Brodsky addressed the Board representing the applicant. He said that Mr. Goldberg was able to have an engineer put together a plan. Attorney Brodsky gave the Board a copy of the plan and a memo from the engineer. He said that Mr. Goldberg contacted Mr. Duggan, Zoning Enforcement Officer, about a separate issue and Mr. Duggan mentioned that Mr. Goldberg’s neighbor, Ms. Arcand, had concerns about the work that he was doing. Mr. Duggan suggested that Mr. Goldberg speak with Ms. Harbottle. Ms. Harbottle asked Mr. Goldberg to come before the Planning Board. Mr. Goldberg is building a horse pasture. Attorney Brodsky explained the plan to the Board.

Attorney Brodsky said Mr. Goldberg is altering 12,000sf, which is below the trigger of 15,000sf for a Stormwater permit. Mr. Goldberg raises and breeds race horses. He does not operate a riding stable. There is an exemption in the bylaws for agricultural use and this is a classic zoning agricultural use.
Mr. Goldberg said that he bought the property almost two years ago. He said there has always been standing water on the property. He explained to the Board what his plans were in building the pasture including the addition of swales. Mr. Vogel asked if he had clear-cut trees. Mr. Goldberg said no he had removed dead trees. He said most of the area was cleared before he bought the property. Mr. Goldberg showed on the plan where he removed trees. Mr. Vogel asked if he would bring in fill to achieve the grade. Mr. Goldberg said he would bring in loam. Referring to the plan, Mr. Limbacher asked what the applicant would do with the water that flows off the area being altered. Mr. Goldberg responded that he has 51/2 acres. The engineer states in his memo the water will remain on his property.

Ms. Harbottle said Mr. Duggan referred the applicant to the Board and there was also a neighbor who said she was getting new water on her property and in her basement. Ms. Harbottle said this plan is clearer to what the area actually is. None of the plans have had dimensions but this one has a scale. The first plan looked like 17,000sf. This plan looks like a smaller area. It could be that the flooding problem is from all the rain rather than the clearing of this property. However, the clearing has been going on without any contact with the Planning Board.

Attorney Brodsky said he believes Mr. Duggan wanted to be cautious and give the neighbors a right to speak. He said he doesn’t think this should have had to come before the Planning Board. His client would like to be receptive to the neighbors. If there were concerns regarding erosion they would be happy to put hay bales across the property line.

Mr. Limbacher asked if the horses would take down a grassy area. Mr. Goldberg replied not if it is managed properly. He said he is not looking to create a mud bath for his horses because it would hurt them.

Ms. Fran Arcand, 57 Hollett St., said she shares a driveway with Mr. Goldberg. She and her husband bought their house in 1975. Subsequently, Mr. Goldberg’s house was built. She said the soil is clay and that a 50’ buffer zone between her and a neighbor is like a rain forest. Her grass is moss and the trees have died. Ms. Arcand said she just had her septic system pumped out and it is full. She feels that the water came from Mr. Goldberg’s property. Ms. Arcand also feels that Mr. Goldberg has taken away hundreds of trees of which some were very old to recreate a road that is currently a paper road. She said he has been putting fill in. She said Mr. Goldberg is not showing on his plan the construction of this road, which is what is causing the flooding on her property. She also feels that Mr. Goldberg is operating a business.

Ms. Harbottle said that zoning exempts agricultural use. Attorney Brodsky said there is no road there. Mr. Goldberg put down gravel so the machinery could get to the pasture area. There were some trees taken down to put up a fence but Mr. Goldberg has offered to replant trees and plant trees on Ms. Arcand’s property to increase her privacy but Ms. Arcand has not taken him up on the offer. Attorney Brodsky said there is not sufficient area to have a commercial racehorse farm. Mr. Goldberg would be happy to put up hay bales until the pasture is stable.

Ms. Arcand said she left six messages for Mr. Goldberg and she has never received a call back. Attorney Brodsky said he would give Ms. Arcand his number and she could contact him. Ms. Arcand asked what would be done about her septic. Mrs. Chisholm explained that the agricultural use would exempt them from the bylaw so technically the Planning Board could not do anything.

Mr. John Pyne, 24 Sedgewick Dr., feels the work being done would flow more water down to his property. He said the water would be flowing northeast, which would be right at his house. Attorney Brodsky said that the water would be flowing east. Even if it headed in Mr. Pyne’s direction it would have to cover almost 200ft. before it got there.

Mrs. Chisholm said there is nothing to vote on. She suggested that Attorney Brodsky and Mr. Goldberg work with the neighbors to resolve the issues.

MOTION: Motion to adjourn duly Moved by Mr. Vogel seconded by Mr. Limbacher and voted unanimously to adjourn at 8:59 P.M.

Respectfully submitted,

Maureen Galvin
Secretary
Planning Board

William Limbacher, Vice Chairman

Date Approved: