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News/Events - Meeting Minutes

SCITUATE PLANNING BOARD
MINUTES
September 22, 2011

Members Present: Mr. William Limbacher, Chairman, Mr. Dan Monger, Vice Chairman, Dr. Nico Afanasenko, Mr. Eric Mercer, Mr. Robert Vogel 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. Mr. Mercer arrived at 7:33 pm. He announced the meeting was being audio recorded and asked if there were any other recordings being taken. There were none.

Documents
• 9/22/11 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.

Form A Plan – 781 Chief Justice Cushing Highway
Assessors’ Map/Block/Lot 25/3/1
Applicant/Owner: Route 3A Realty, Inc., Edward Scarselloni Trustee
Owners’ Representative: mr Surveying, Inc.

Documents:
• Application and Plan of Land 781 Chief Justice Cushing Highway, Assessor’s Map 25/3/1. Plan prepared by mr Surveying, Inc. for applicant/owner 3A Realty, Inc., Edward Scarselloni Trustee dated 8/18/2011.

Ralph Cole of mr Surveying, Inc. presented the plan on behalf of the applicant. He indicated that Mr. Scarselloni wants to separate his garage at Mann Lot Rd and 3A from the rest of his property. He indicated that both lots have frontage and required lot area and the wetlands have been located. Land Court has agreed to the preliminary survey and to the monuments and agreed that it could be filed with the Board.

Town Planner, Laura Harbottle, indicated that the lots have access and frontage and the plan should be endorsed.

Mr. Monger moved to endorse the Form A Plan as approval under the Subdivision Control Law was not required for property at 781 Chief Justice Cushing Highway by mr Surveying, Inc. dated August 18, 2011. Dr. Afanasenko seconded the motion. Motion was approved unanimously.

Tilden Estates – Tilden Woods LLC

Documents
• Revised Road and Sidewalk Plan (2 sheets) - Tilden Estates dated 9-19-2011

Steven Bjorklund indicated he would like to propose a change to the centerline, entry radii and walkway location for the approved roadway resulting from the process of relocating the electric pole at the roadway entrance. He indicated that National Grid does not come out to look at the poles until an endorsed subdivision is on file at the Registry of Deeds. He indicated that the pole at the entry can only move back about 3 feet as it is servicing a pole set back across the street and a tree is in the way on the other side of the road. An I hook in the pole will need to be used. He believes the reasonable solution is the magenta lines on the plan which show the centerline of the entrance of the roadway offset easterly to the first set of catchbasins. The magenta alignment also reflects the 20 feet of pavement width that resulted from the waiver granted. The sidewalk flips to the other side of the road. The walk will now have seven lots with direct access versus three from the other side which may be safer. The mailboxes will be relocated to the same side as the walk and will now be under a light providing a safer situation.

Mr. Bjorklund indicated that the subdivision regulations require a 30- foot radius. A 25-foot radius on both sides is now proposed which may require a waiver and modification. He said that he met with the Fire Chief who supports the plan change as his largest fire truck can make the turn in from both sides with the new radii. Mr. Bjorklund said that he met with DPW and they had no problem. He said he reviewed the plan with Dottie Cook, of the Traffic Rules Committee, who had no issue as the school bus will not go down the cul-de-sac. He also said Mark Reardon of the Traffic Rules Committee, also a town police officer, saw no issue.

Mr. Bjorklund confirmed that National Grid says the alignment on the lines is really tight here due to the tree and other pole location. The Board questioned about sight lines and the guy-wire. Mr. Bjorklund indicated that the sight lines are still good and the guy-wire will only move back about 1-foot. The pole will be located back 3-feet just off the curb. One small dead tree will be removed. There is a 4-foot green strip between the road and walk and the handicap ramp location can be adjusted to not interfere with the pole and guy-wire. Mr. Vogel indicated he liked the new location of the walk and that it provides more green space on the other side of the road. Mr. Bjorklund indicated there would be a smoother grade up to the septic systems on the other side of the road now with the walk relocated to the west side.

Ms. Harbottle indicated she had been to the site and viewed the proposed changes and believes a tighter entrance will help slow cars in this residential neighborhood. Mr. Bjorklund says it will improve the village atmosphere. Mr. Monger asked for clarification of the width of the pavement at Elm Street. He was told it would be a 25-foot radius, 20-feet of pavement and 25-foot radius. There will be vertical granite curbing at the entry.

It was the consensus of the Board to wait for the letter from the Fire Dept and if there were going to be any other changes to have them all at the same time. The Board directed Mr. Bjorklund to proceed with the changes and then when exact dimensions are known, the Board would decide if it would be a field change or a modification with a public hearing to request a waiver that would require advertisement and fees. Mr. Bjorklund agreed and will keep the Town Planner and Board informed. He said it would take about a month or two for the pole to be placed.

Lot 36-1-5A First Parish Road

Documents
• Photograph of First Parish Road new driveway near Chief Justice Cushing Highway
• Plan of Proposed Driveway for Lot 36-1-5A First Parish Road

Mr. Bjorklund indicated he has a site on First Parish Road that has a few stones at the right of way, but no real stonewall and he wants to determine if a Scenic Road Hearing filing is necessary. He said that when the road was rebuilt in the early 1900’s, fill was added so that the stonewall was below the roadway layout and only a stone or two remained at the face of the layout.

Dr. Afanasenko indicated that the question at hand is whether Mr. Bjorklund needs to formally come in for a Scenic Road Hearing as there doesn’t appear to be a wall. He doesn’t see why a hearing would be needed. Mr. Vogel and Mr. Monger agreed. Mr. Taylor asked about trees. Mr. Bjorklund indicated there are no trees over 3 inches in size in the roadway layout.

Dr Afanasenko moved that the Board found a consensus among the members that a Scenic Road Public Hearing was not required for Lot 36-1-5A First Parish Road as no wall is present and there are no trees over 3 inches in size in the roadway layout. Mr. Monger seconded the opinion.

Minutes

Dr. Afanasenko moved to approve the September 8, 2011 meeting minutes. Mr. Monger seconded the motion. Motion approved unanimously.

Accounting

Documents
• P.O. # 12001559 ($36.20), P.O.# 12001526($39.84), P.R. 12001857 ($27.99)

Dr. Afanasenko moved to approve the requisitions for $36.20 for office supplies of rolodex cards and Pendaflex hanging files from W.B. Mason, $39.84 for 11 x 17 color copies of the proposed zoning map to Image Resolutions and for $27.99 to W.B. Mason for printer ink. Mr. Monger seconded the motion. Motion was unanimously approved.

Public Hearing, Amendments to Zoning Bylaw and Zoning Map

Documents
• Political Sign Article
To see if the Town will vote to amend the Zoning Bylaw by adding the following language as the last sentence in Sec 710.1, Signs in Residential Districts, Paragraph D.:

Signs for candidates who win state fall primary elections may remain up until three days after the full general election.
The full paragraph 710.1 D. would read as follows:

“Political signs shall not exceed six square feet in size, and may be staked into the ground, in a window, or vehicle mounted. Political signs may be erected thirty days prior to the applicable election and must be taken down within three days after such election. Signs for candidates who win state fall primary elections may remain up until three days after the full general election.”

• Zoning Map Article
To see if the Town will vote to amend the zoning map by replacing the map adopted 5/15/74 with a new map dated 8/4/2011 incorporating all changes previously adopted by Town Meeting, and also to change the reference to the Zoning Map in the Zoning Bylaw Section 300, Establishment of Districts, Subsection 320 Location of Districts, by deleting the words “zoning map, Town of Scituate, Mass., dated April 1974,” and replacing them with the words “Town of Scituate Zoning Map dated August 4, 2011.”

• Zoning Map, Town of Scituate dated August 4, 2011

• Zoning Map, Town of Scituate dated 9/22/11.

Mr. Limbacher read the notice for the public hearing at 8:00 P.M. He indicated that the Board has not received any comments, written or verbal, on either of the two proposed articles. He indicated that the articles address two issues that were raised at previous Town Meetings. One article corrects the Zoning map and the other article addresses political signs in the Zoning Bylaw not in the General Bylaw.

Town Planner, Laura Harbottle, indicated she contacted the proponents for the petitioned political sign article and received no response. She indicated that adoption of the new zoning map will mean that it can be used in Pictometry and will help the Building Department. She indicated that she reviewed the map with the Building Inspector and he had no issues, but they both agreed that the Planned Development District was an Overlay District not a Zoning District and therefore it has been moved to the Overlay District section of the map. Ms. Harbottle indicated she enhanced some of the Overlay District lines and symbols so that the map would reproduce clearly.

Mr. Vogel inquired if zoning boundaries follow property lines, setbacks from streets and watercourses. Ms Harbottle indicated generally yes; however, some follow the centerline of Chief Justice Cushing highway and some follow natural resource boundaries such as the water resource protection district and the floodplain district are determined by professionals based on watershed bounds, topography and elevation.

There was one public comment by Steven Bjorklund. He brought a copy of the official Cohasset Zoning Map and indicated that Scituate’s should be about the same size of 24 by 36 inches so that developers and realtors could read it and determine where individual properties were saving time for town employees. He indicated Amory Engineers in Duxbury did the map for Cohasset. Mr. Monger inquired if the map will be available on GIS. Ms. Harbottle indicated that it is; however, the Assessors’ Map is not up to date.
Mr. Monger suggested that the Board sponsor an article for the Annual Town Meeting to have the Assessor’s Map brought up to date.

Mr. Monger moved to close the public hearing, and that the Planning Board make a favorable recommendation to the Special Town Meeting on the adoption of a Zoning Amendment to extend the time that political signs can be displayed as per the draft amendment filed with the Town Clerk September 2, 2011, because this language was previously adopted by the April, 2011 Annual Town Meeting and requires an appropriate location in the Town Zoning Bylaws, and that the Planning Board make a favorable recommendation on the adoption of a zoning map dated September 22, 2011 because this map will show all the changes that have been passed by previous Town Meetings since 1974 on one map. Motion was seconded by Mr. Mercer and voted unanimously by the Board.

Mr. Limbacher indicated he would not be at the Special Town Meeting. Mr. Monger will be there and take on the Chair’s role. He indicated that there should be a color Zoning Map on each side of the auditorium entry at Town Meeting so all could view. Ms. Harbottle will provide Mr. Monger with a list of the Zoning Map changes since 1974 and she will be at Town Meeting and be available to answer specifics on how the map was made.

Scenic Road Act Public Hearing on Removal of Stone Wall at 340 Old Oaken Bucket Road
Assessors’ Map/Block/ Lot N/A
Applicants: Diamond Development
Owners: Stephen M. and Margaret Nolan

Documents
• Letter and plan entitled Septic System Upgrade Plan at 340 Old Oaken Bucket Road in Norwell, MA prepared by Ross Engineering Company Inc for applicant Diamond Development dated 9-5-11.
• Photograph of 340 Old Oaken Bucket Rd wall taken 9-20-11

Mr. Limbacher opened the Scenic Road Hearing for a driveway opening at 340 Old Oaken Bucket Road for Diamond Development at 8:30 P.M. Mr. Bjorklund indicated that there is an existing stonewall along Old Oaken Bucket and parts of it are covered with poison ivy. He indicated he proposes a new driveway opening of 28- feet (24-foot drive) and will close the other existing two driveway openings. There are no trees in the road layout. Mr. Bjorklund said Diamond Development is going to sell the lot and it is likely that the new owner will clean up the existing wall. Town Planner, Laura Harbottle, indicated there looks like enough stone onsite to close up the two openings. Mr. Mercer and Mr. Vogel indicated they were pleased to see proposed improvements to the site.

Mr. Monger moved to close the public hearing and to approve the application for removal of approximately 20 linear feet of a stonewall for relocation of access for a 28-foot wide driveway entrance for property at 340 Old Oaken Bucket Road, Norwell as shown on a Septic System Upgrade Plan by Ross Engineering dated September 5, 2011, with the condition that stones from the displaced wall or existing suitable stone material from the site shall be used to close remaining stonewall openings in Scituate and openings on the Norwell side of the property beyond 35 –feet of the Scituate Town Line. The motion was seconded by Dr. Afanasenko and voted unanimously.

Site Plan Waiver – Scituate Racquet and Fitness Club (continuation)
1004 & 1010 Chief Justice Cushing Highway – Assessor’s Map/Block/Lot 12-2-2
Applicant: Christopher Horne

Documents
• Letter to Mr. Limbacher from Thomas A. Pozerski and Jack O’Leary of Merrill Associates, Inc dated August 26, 2011 regarding the Application of Chris Horne, Scituate Racquet Club, Chief Justice Cushing Highway
• Draft Conditions, Site Plan Waiver, Scituate Racquet and Fitness Club, Revised 9/22/2011
• Exit/Entrance Sight Line Plan, SP-1, prepared for Scituate Racquet and Fitness by Rivermoor Engineering LLC, 146 Front St, Suite 211, Scituate, MA dated 8-29-2011
• Letter to Scituate Planning Board from John Morgan of Coler & Colantonio, Inc., dated 9/13/2011 regarding Sight Distance Review for Scituate Racket and Fitness Center, Route 3A, Scituate, MA
• Email from Chris Horne to Laura Harbottle dated Sept 13, 2011 with Traffic review answers
• Email from John Morgan to Laura Harbottle dated Sept 20, 2011 regarding the applicant’s response to the Traffic Review Comment letter for Scituate Racquet and Fitness Club

Mr. Limbacher indicated that it was 8:45 P.M. and asked Mr. Chris Horne to summarize what had transpired since the last meeting. Mr. Horne indicated that the traffic engineers had been out to the site and found over 800 feet of visibility. He indicated that both sides of the entry had been cleared and that the new light is up at the entrance to the site. Mr. Horne also indicated that the final engineering issues with Cohasset will be done on Monday and then submitted to Scituate. He said landscape issues will be in the Cohasset decision and that Cohasset wants a vinyl fence where Scituate wants a wood fence.

Town Planner, Laura Harbottle, indicated that the traffic review is complete and that the 800 feet of offsite distance is good for 50 mph. Mr. Horne has agreed to the plantings and fence and will trim vegetation monthly during the growing season with necessary MA DOT approvals.

The Board discussed the draft conditions. They decided the fence condition (#2) should say solid fence. The Board clarified condition 6 to trimming vegetation on both sides of the driveway during the growing season and 4 feet back on the north side to the rock. Chris Horne indicated he had someone come out and look at the drainage basin and the pipes all work. The Board wanted condition 8 to reflect total number of memberships versus members. They also wanted to add the first two conditions that were reflected in the email from John Morgan to Laura Harbottle regarding sight distance.

Mr. Vogel moved to grant the site plan waiver fro the Scituate Racquet and Fitness Club, for the improvements shown on the Site Plan titled Scituate Racquet Club Plan by James Engineering, Inc. dated June 8, 2011, with the following conditions as modified per the 9/22/11 Draft Conditions with comments. The motion was seconded by Mr. Mercer and voted unanimously.

MOTION: Motion to adjourn duly moved by Mr. Vogel seconded by Dr. Afanasenko and voted unanimously to adjourn at 8:55 PM.

Respectfully submitted,

Karen Joseph
Planning Board Secretary

Dr. Nico Afanasenko, Clerk

Date Approved
10/13/11