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Scituate Planning Board, September 23, 2010
TOWN OF SCITUATE MASSACHUSETTS

SCITUATE PLANNING BOARD
MINUTES
September 23, 2010

Members Present: Mr. William Limbacher, Chairman, Mr. Daniel Monger, Vice Chairman, Mr. Robert Vogel, Dr. Nico Afanasenko, Mr. Eric Mercer and Mr. Richard Taylor

Members Absent: None

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

Mr. Limbacher called the meeting to order at 7:30PM. He announced the meeting was being audio recorded and asked if there were any other recordings being taken. There were none.

Documents
• 9/23/10 Planning Board Amended Agenda

ACCEPTANCE OF AGENDA: Dr. Afanasenko moved to accept the amended agenda. Mr. Monger seconded the motion and the vote was unanimous in favor.

Old Business, New Business, Correspondence, Administrative Items, Updates

Form A Plan – 23 Alden Avenue
Assessor’s Map: 28-6-1 Applicant/Owner: Jens Bang

Documents
• Alden Street & Sea Side Road Plan of Land prepared by E.E.T., Inc., for applicant Jens Bang dated 8/18/10

Mr. Robert Crawford, E.E.T., addressed the Board representing the applicant. He stated Mr. Bang owns both parcels 23 Alden Avenue and 49 Seaside Road. He would like to adjust the property line to move 2,764sq.ft. from 23 Alden Avenue to 49 Seaside Road. Mr. Limbacher asked for questions or comments. Ms. Harbottle said it does not create any more buildable lots and it does not make the lots any more non-conforming.

MOTION: Dr. Afanasenko moved to endorse the Form A for 23 Alden Avenue & 49 Seaside Road. Mr. Vogel seconded the motion and the vote was unanimous.

Vote appointments to Design Review Committee

The Board discussed the three applicants previously interviewed. They agreed all three applicants were very well qualified for the positions making it a difficult decision.

MOTION: Mr. Monger moved to appoint Mr. McGowan to a three year term and Ms. DeLong to a two year term on the Design Review Committee. Dr. Afanasenko seconded the motion and the vote was unanimous.

Discussion Stretch Code Workshop

The Board members discussed the Stretch Code workshop held at the Gates School on 9/14. They all agreed it was informative.

Consulting engineer term of contract and selection process

Mr. Mercer said he understands the Town Administrator has decided there should be one firm selected with two alternates. Mr. Limbacher said that he would like to be part of the interview process along with Ms. Harbottle and Mr. Cafferty (DPW).

Discussion/vote: Recommendation regarding Designation of Commercial zoning district as a Recovery Zone

Documents
• Copy of the American recovery and reinvestment Act RECOVERY ZONE FACILITY BONDS (RZFTs) program guidelines dated October 2009
• Email correspondence between Laura Harbottle and Ben Snydacker, Solaya Energy dated 8/24/10, 8/26/10 & 9/15/10 regarding a Recovery Zone for Scituate
• Email correspondence between Laura Harbottle and Patricia Vinchesi, Town Administrator dated 9/3/10 & 9/17/10 regarding a Recovery Zone for Scituate

Ms. Harbottle explained that the recovery zone would be a designated area where private companies within the area could get good bond rates. She explained it is done with stimulus money from the Federal government. The Town Administrator has requested the Planning Board write a letter of support to the Board of Selectmen. Mr. Mercer asked where the area would be. Ms. Harbottle responded it was up to the Board but it could be the whole town or just a designated area. The Board continued discussion on where the designated area should be. Mr. Vogel asked what effect it would have on the town’s bond rating. Ms. Harbottle said she spoke with the Town Treasurer who doesn’t see a downside to it. The Board decided to continue the discussion to the 10/14/10 meeting to allow time for more research.

Large Scale Ground-mounted Solar PV zoning amendment

Documents
• Draft copy of proposed Green Communities Ground-Mounted Solar Photovoltaic Installations Bylaw
• Email from Mr. Limbacher to Ms. Harbottle dated 9/23/10 regarding comments on the proposed Ground-Mounted Solar Photovoltaic Installations Bylaw (handed out at the meeting by Ms. Harbottle)

Mr. Limbacher stated that the Planning Board has to decide on the language for the Ground-Mounted Solar Photovoltaic Installations Bylaw to have it placed on the warrant. The Board referenced the model bylaw from the State and after discussion agreed to modifications.

MOTION: Dr. Afanasenko moved to approve the language for the Ground-Mounted Solar Photovoltaic Installations Bylaw as amended. Mr. Monger seconded the motion and the vote was unanimous.

Informal Discussion: Flexible Open Space Development/Definitive Subdivision Plan, Tilden Woods

Documents
• Sketch for Definitive Plan, 77 Elm St., dated 7/28/08 by Ross Engineering Co., for applicant Mark Winchester, Diamond Development (as marked on plan) received by the Planning Board 9/16/10
• Pictures of broken granite curbing (handed out at the meeting by Mark Winchester)

Mr. Mark Winchester, representing Tilden LLC, addressed the Board. He stated they have an approved preliminary plan. He said the plan the Board has been given is a definitive sketch of the project as a Flexible Open Space development. They would like to get a feeling from the Board on road layout. He asked the Board if they would consider a 20’ road width rather than 24’ with two cape cod berms. He feels 20’ width is appropriate for 15 homes. Mr. Limbacher said he is concerned that there could be an issue with Street Acceptance if it does not meet the standards. Mr. Winchester said he does not believe it would be a problem if it was approved under a special permit and was constructed properly. He said they typically build roads to be accepted. Mr. Winchester said they are prepared to make it a private road and create an association if needed. Mr. Monger asked what the size of the homes would be. Mr. Winchester responded approximately 3,000s.f. but the market will decide. Mr. Winchester said they would be similar to the homes in Tilden Farms. In general, the Board agreed they support a reduction in pavement.

Mr. Michael Scott, 51 Elm Street, said he would like the Board to consider the length of the road as well as the width. Mr. Winchester said the road length is approximately 750’, which is meant to make the layout work better. He does not feel it is a waiver but part of the Flexible Open Space special permit. Ms. Harbottle said the special permit is different from a waiver. In a special permit there is language that is give and take. The give is meant to preserve more natural area. Ms. Harbottle added likes the layout of the plan. Mr. Limbacher said that traffic safety would have to give an opinion but the extra length does allow for a better layout.

Mr. Winchester said that they would like to design a smaller detention basin. He said they are looking to put in a swale to help achieve this. Mr. Monger said he is concerned with drainage because there are wetlands and existing drainage issues there. Mr. Scott, 51 Elm Street, suggested the basin be moved away from the homes due to mosquitoes breeding. Mr. Winchester said that once it is decided how big the basin must be they can plan the design. Mary Tennaro, 34 Pennfield Road, asked who would maintain the detention basin. Mr. Winchester responded the homeowner’s association would be required to maintain it.

Dr. Afanasenko said he is concerned with preserving the trees in the open space. Mr. Winchester said they do everything to keep as many trees as possible in place. Mr. Scott, 51 Elm Street, asked if the plan would have a definitive no cut zone. Mr. Winchester said that is something they could possibly do once the drainage scheme is in place. He said in general, open space is a no cut area but they are still unsure where the open space will be. Mr. Limbacher said he would like to see natural buffers.

Mr. Winchester said they would prefer to not use granite curbing because it breaks especially from snowplows. Mr. Winchester gave the Board pictures from areas in town where the granite curbing is broken. He said they would rather use cape cod berms. Mr. Winchester said they would use the granite curbing on the catch basins, cul de sac and entrance. Mr. Monger asked if there would be a sidewalk. Mr. Winchester said there would be a 5ft. asphalt sidewalk in the subdivision on one side of the road with a 2ft. grass strip. Ms. Harbottle suggested that if the Board agrees to the cape cod berm the applicants could use the cost difference to plant more trees.

Mr. Winchester said they would pursue looping the water main through Pennfield Road. They will approach some of the neighbors for an easement. He also acknowledged that iron ductile pipe is now required by the town.

Mr. Joseph Durkin, 24 Pennfield Road, said that an easement would come through his property and asked who would cover damage if the pipe broke. The Board responded that the owner of the easement would be responsible. Mr. Clem Tennaro, 34 Pennfield Road, asked who would be legally responsible if the pipe breaks. Mr. Mercer responded that it depends on who owns the pipe. The homeowners association should be required to have an insurance policy and you can be named on that policy. Mr. Winchester said the town would have ownership of the pipe.

Mr. Mercer asked Mr. Winchester what steps he takes to employ local residents and in purchasing materials from local companies. Mr. Winchester replied most of the people he contracts with are from Scituate however he is running a business and the price has to be competitive.

Mr. Scott, 51 Elm Street, referenced the plan and said he is concerned with a possible 30 cars coming in and out of a very narrow street. He will be interested in hearing how public safety looks at that. His children walk on Elm Street. Mr. Scott said he asked the developers if they were putting a sidewalk on Elm and they said they were not. Mr. Scott said he would like to see a sidewalk from the proposed street to Beach Plum Lane, which is about 600ft. He asked the Board if the Flexible Open Space Plan allows the developer to ignore zoning bylaws such as setbacks. The Board responded yes. Mr. Scott said that the house on lot 10 looks to be right on his property. Mr. Winchester responded that house on the plan currently meets zoning. However, they are going to try to pull the house forward, which they should be able to do with the Flexible Open Space Plan. Mr. Scott said he is concerned with the elevation. Mr. Winchester said the elevation would change with the final plan.

Old Business, New Business, Correspondence, Administrative Items, Updates (Cont.)

Accounting

Documents

• PO #11001764

MOTION: Dr. Afanasenko moved to approve the following purchase order. Mr. Monger seconded the motion and the vote was unanimous in favor.
W.B. Mason - $137.16