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News/Events - Meeting Minutes

SCITUATE PLANNING BOARD
MINUTES
July 28, 2011

Members Present: Mr. William Limbacher, Chairman, Mr. Dan Monger, Vice Chairman, Mr. Robert Vogel, Dr. Afanasenko and Mr. Eric Mercer.

Members Absent: Mr. Richard Taylor

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
• 7/28/11 Planning Board Agenda

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

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

New Business – Zoning Map
Discussion occurred as to when to publish recently approved changes to the zoning map. It was agreed that it would be best to do at the fall 2011 Town Meeting which will likely be in November. Laura Harbottle will write a letter to the Town Administrator and Selectmen to ask that this item be included in the warrant.

New Business – Zoning Article
There was a previously approved zoning article on election signs staying up from the primary to the general election. The article did not specify if the bylaw was to be in the general bylaws or zoning bylaw. The Town Planner indicated the Planning Board may get a letter asking them to help correct the article so that it may be properly included in the bylaws.

New Business – Draft Report Pier 44
Laura Harbottle to follow up and get a draft copy of the report for the Planning Board.

Form A Plan, 787 First Parish Road. Map/Block/Lot: 30-1-5A
Applicant: David R. & Mary E. Mackay

Documents
• Application and Plan of Land located at 787 First Parish Road, Assessor’s Map 30-1-5A. Plan prepared by Ross Engineering Co. Inc. for applicant/owner David R. & Mary E. Mackay, dated July 13, 2011.
• Email to Laura Harbottle from David Mackay dated 7/19/11 authorizing Ross Engineering Co. Inc. to be their representative
• ANR Handbook, Approving ANR Lots on Subdivision Ways
• Staff recommendations from Laura Harbottle, Town Planner dated 7/28/11
• Pdf plan 787 First Parish Road dated 6/2/2009
• Pdf plan 787 First Parish Form A dated 7/13/11
• Definitive Subdivision Drawings of Laurelwood dated Nov 28, 1996 with revisions received by Scituate Planning Board 2/14/98

Paul Mirabito, as applicant’s representative for the Mackays, indicated that the Mackays wanted to divide their existing lot on First Parish Road into 2 lots. Lot A would be 1.33 AC with access and frontage from First Parish Road. This lot would contain the existing dwelling. A second lot, Lot B, containing 1.01 AC, would be divided in the rear of their current lot with access and frontage off of Laurelwood Drive. Laurelwood Drive is a road shown on an approved subdivision in Scituate. Mr. Mirabito indicated the property was originally part of the land that was sold for the subdivision and the Mackay’s have legal access to the subdivision. Mr. Mirabito used the existing Planning Board drawings of the Laurelwood Subdivision to explain the land swap that occurred for Laurelwood to be approved and constructed.

Laura Harbottle, Town Planner, indicated that Laurelwood Drive is a private road. The town is still holding surety for work to be completed. There is landscaping along the proposed Lot B for the road that appears to be on the Mackay property. Ms. Harbottle indicated that the Planning Board may want to consider if the property owner has the right to use Laurelwood Drive and also possibly talk to Town Counsel prior to making a decision.

Mr. Monger indicated that actual legal access is needed and it is a simple legal issue that if the Mackay’s have the right to use Laurelwood then the board can endorse the plan. Mr. Limbacher and Mr. Monger both indicated that frontage and access are the issues. Mr. Monger inquired if there was a reservation in the deed for the Mackays to use Laurelwood Drive. Mr. Mirabito indicated that the proposed lot does have legal access and frontage and the subdivision control law is clear that if a lot has access and frontage then the Planning Board needs to endorse.

Mr. Mirabito and the board reviewed a plan that showed planting areas along the frontage of the proposed Lot B. Mr. Monger says he sees no issue with physical access, but legal access is the issue. He indicated that Laurelwood is a private way and Mr. Mackay needs a right to access it.

Mr. Mirabito indicated he would talk to his client. Seeing that the 21day period would be up before the next meeting, Mr. Mirabito withdrew the plan without prejudice.

Dr. Afanasenko made a motion to accept the applicant’s withdrawal of the Form A application. Motion was seconded by Mr. Monger. Vote was unanimous to accept the applicant’s withdrawal .

Old Business – Tilden Estates

Revised covenant signed

Documents
• Notes of the Pre-construction conference, Tilden Estates, 7/19/11

Public Hearing – Common Driveway – 556 –562 First Parish Road – Assessor’s Map/Block/Lot 31-1-42, Applicant - Pamela Gray Prescott et al, TRS, Owner- Applicant’s Representative – Paul J. Mirabito – Ross Engineering Co. Inc.

Documents
• Application for Approval of a Common Driveway Special Permit dated 6/21/11 located at 556 – 562 First Parish Road, Assessor’s Map 31-1-42 prepared by Ross Engineering Co. Inc. Plan of Common Driveway Special Permit 556 + 562 First Parish Road dated 6/15/11 prepared by Ross Engineering Co. Inc. for applicant.
• Stormwater Report for above noted Common Driveway Special Permit prepared by Ross Engineering Co. Inc. dated 6/1/11.
• Staff Input/Recommendations from Laura Harbottle, Town Planner dated 7/ /11
• Memo from Fire Dept dated 7/14/11
• Memo from Board of Health dated 6/29/11
• Review letter from Beals and Thomas, Inc. dated 7/20/11
• Email from Laura Harbottle to Pamela Prescott dated 7/19/11
• Email from Pamela Prescott to Laura Harbottle dated 7/19/11
• 556 FPR Homeowners Association Trust
• Revised letter and plans (Sheets 1 & 2) dated 7/22/11 from Ross Engineering Co. Inc with peer review comments incorporated

The public hearing opened at 8:00 pm. The applicant /owner, Pamela Gray Prescott, was present along with her representatives Bill Ohrenberger, Jeff Delisi and Paul Mirabito. Mr. Ohrenberger indicated that Mrs. Gray owned the property for 52 years before passing it on to Mrs. Prescott and her sister.

According to Mr. Ohrenberger and Mr. Mirabito, the ZBA approved a 50 foot frontage lot in the rear that will accommodate a single family home. This 4 to 4 ½ acre site will only see 1 additional house due to the ZBA approval. 2 lots have existing dwellings on them. It is intended that there be one common driveway with 3 lots off of it. The existing driveway opening will be closed. The common drive is 100 feet in length and in a 50 foot layout. The stormwater management system, comprised of mostly LID techniques, will be constructed to attenuate flows. Stormwater has been reviewed by Beals and Thomas and complies with the bylaw. The hammerhead turnaround and hydrant location has been reviewed and approved by the Fire Chief. The Traffic Committee has also approved the access and turnaround. The old opening to the existing dwelling will be closed. Most of the traffic for First Parish Road is from local people as the cut off to Maple Street is just southeast of the proposed site. First Parish Road is a scenic road; however a scenic road permit will not be sought as the face of the wall is the property line.

The lots are numbered 1,3 (containing the driveway), 4 and 5. Lots 3 and 4 will be combined to form one buildable lot. The separate designation of lot 4 is due to that part of the land being registered with the Land Court.

Discussion occurred as to whether the common portion of the common driveway was 120 feet or 320 feet. Mr. Monger and Dr. Afanasenko indicated the whole length of the common drive is what is common. Mr. Ohrenberger indicated he will need to submit a revised Common Driveway agreement with the revised common driveway length of 320 feet.

David Johnson of Beals and Thomas indicated that he focused his review for the Planning Board on adequacy of access and stormwater management under the bylaw. Mr. Johnson indicated that the location is good for a common driveway as it is hard to access the existing drive and the second house (556) has no driveway now. The sight lines are good to the west, but there is some concern to the east along the stonewall that existing vegetation needs to be kept clear to maintain adequate sight distance. A note is on the plan that pruning is to occur to meet sight distance. Adequate revisions have been made to the plans. Mr. Johnson indicated that the stormwater management is thorough for a common driveway and could be further enhanced by adding roof drainage to the LID techniques. He indicated the stormwater report is thorough and the applicant complied with the bylaw.

Laura Harbottle agreed with Mr. Johnson that 1 driveway would be good as the existing one is tight and First Parish Road is a winding road. She indicated she was not aware that the stonewall was not part of the roadway layout and preserving the wall would be good for the scenic road and for the Water Resource Protection District. Ms. Harbottle asked for clarification of the access easement. Clarification given. It was noted that the name of the Trust on the field card differs from the authorization. Mr. Mirabito indicated that name of the Trust on the deed and plans is correct. Mrs. Prescott being present affirmed her consent to the application.

Dr. Afanasenko indicated that he thought the stormwater management system was adequate for three houses and the full size of the common area is what he wants to see. He inquired about the scenic road and Mr. Ohrenberger reiterated that the wall is on the property thus no need for a scenic road hearing.

Mr. Monger indicated his concern of safety, fire hydrant location and if comments had been received from the fire chief. Ms. Harbottle indicated there was a letter from the fire chief. Mr. Mirabito indicated that the fire chief said the driveway and hydrant was adequate. Mr. Monger said if there is a letter from the fire chief then he is OK with the road and entry width. The pavement is 14 feet not including the shoulders. He is concerned with sight distance and wanted to make sure people see the driveway.

Mr. Vogel inquired if a scenic road hearing was necessary. Mr. Ohrenberger indicated no. Mr. Vogel indicated the mitigation was thorough.

He questioned the frontage questioned on the 3 lots. One lot has 50 feet, one lot has 74 feet and one has 118 feet. 2 lots are nonconforming. Mr. Ohrenberger indicated Lot 1 was an 81L division. The ZBA addressed the issue with a 40A Section 6 finding on the third lot to permit substantial reconstruction of the house. Lot 5 contains the existing antique house and meets all dimension requirements other than in the R-1 zone which needs 175 feet for lot width but creation of lot width is parallel to common drive so it complies with all the bylaw standards.

Mr. Mercer thought the plan was complete and carefully thought out.

Mr. Limbacher thought the stormwater management using LID techniques was what the board was encouraging.

Katie O’Malley of 27 Pheasant Hill Drive asked for clarification of the septic location and setback on Lot 4. It was indicated it would be 40 to 50 feet from the wall and vegetation will remain.

The Board noted and discussed each of the draft findings of fact. Dr. Afanasenko read each finding. Agreement was noted on most draft findings with minor wording changes on 2, 3, 4 and 6 and 12.

The board noted and discussed each of the conditions in approving the draft decision. Dr. Afanasenko read each condition. Agreement was noted on many of the draft conditions. Condition 4a and 4e were deleted. Wording changes occurred in 4b,f and h. Considerable discussion occurred on Condition 5 on when the permit would be void. 45 days was extended to 90 days with additional wording for future extension. Questions were raised regarding condition 2 and 6. The board determined to leave them as is.

On condition 8 the board clarified for the applicant that a cement truck waiting for a pour is working and could be idling. Conditions 10, 11 and 12 had minor wording changes. A new condition 13 will be added to make sure all new utilities are underground except the entry pole. A maintenance condition will be added as condition 14. Another condition will be added to have no direct access from First Parish Road except for the common driveway.

Mr. Limbacher asked if there was a motion to approve the Common Driveway Special Permit with draft findings and conditions as modified. Mr. Monger so moved and Dr. Afanasenko seconded the motion. Motion approved unanimously. Hearing closed at 9:20pm.

Masterplan Update Discussion

Documents
• Staff recommendations from Laura Harbottle dated 7/20/11

Dr. Afanasenko is working on consolidating worksheets from the board members. Any remaining information from board members should be submitted to him. There will be a master list in spreadsheet format that will include projects that will exist, be eliminated and added. Priorities and implementation lists are being updated. This is consistent with goals the Planning Board set for Phase II for the second half of 2011.
Laura Harbottle asked about when a public meeting would occur. She indicated the process should be structured and public must be involved. Dr. Afanasenko indicated the public and town departments will be involved, but it is too early right now. Discussions on timing can occur after spreadsheet is done. Project is still on target for Phase III execution ie inserting changes in document and publishing it. Future agendas to include more detailed masterplan discussions.

Minutes
No minutes were available for review.

Accounting
No bills were presented for approval.

MOTION: Motion to adjourn duly moved by Mr. Monger seconded by Dr. Afanasenko and voted unanimously to adjourn at 9:40 PM.

Respectfully submitted,

Karen Joseph
Planning Board Secretary

Dr. Nico Afanasenko, Clerk

Date Approved