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News/Events - Meeting Minutes

MINUTES

November 10, 2011

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

Members Absent: Dr. Nico Afanasenko

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
11/10/11 Planning Board Agenda

ACCEPTANCE OF AGENDA: Mr. Vogel moved to accept the agenda. Mr. Taylor seconded the motion and the vote was unanimous in favor. Mr. Mercer arrived at 7:33 pm.

Form A Plan – 56 First Parish Road
Assessors’ Map/Block/Lot 50/6/15
Applicant: Carsten and Suzanne Otte
Owner: Jean M. O’Donnell
Owners’ Representative: mr Surveying, Inc.

Documents:
Application and Plan of Land 56 First Parish Road, Assessor’s Map 50/6/15. Plan prepared by mr Surveying, Inc. for applicant Carsten and Suzanne Otte and owner Jean M. O’Donnell dated 10/4/2011.

Ralph Cole of mr Surveying, Inc. presented the plan on behalf of the applicant. He indicated that the Otte’s want to purchase more land to make their lot more conforming. He indicted the wetlands have been defined and both lots will be over 10,000 square feet. The plan meets all the requirements.

Town Planner, Laura Harbottle, indicated that the lots have access and frontage. She indicated there was no issue with frontage for Lot 1 and Lot 2 is being made more conforming; however, it is just shy of the 10,000 square foot lot requirement due to the wetlands. Ms. Harbottle sees no problem with endorsement.

Mr. Vogel moved to endorse as approval under the Subdivision Control Law was not required a plan of land located at 56 First Parish Road prepared by mr Surveying, Inc. for applicant Carsten and Suzanne Otte and owner Jean M. O’Donnell dated October 4, 2011. Mr. Monger seconded the motion. Motion was approved unanimously.

Form A Plan – Land between 47 & 55 Common Street
Assessor’s Map/Block/Lot 49/1/15R
Applicant/Owner: Paul & Eleanor Young
Owner’s Representative: Morse Engineering

Documents
Application and Plan of Land between 47 & 55 Common Street, Assessor’s Map 49/1/15R. Plan prepared by Morse Engineering, Inc. with surveying services by mr Surveying for applicant/owner Paul and Eleanor Young dated 10/24/11.

Greg Morse of Morse Engineering, Inc indicated he worked with mr Surveying to come up with the proposed plan for Eleanor Young. Both of the lots are unbuildable. Mrs. Young wants to retain Parcel A and Parcel B is to be conveyed to another party.

Town Planner Laura Harbottle indicated that the plan creates two non-buildable lots and she saw no problem with endorsing the plan.

Mr. Vogel confirmed that the garage is being used for storage.

Mr. Vogel moved to endorse as approval under the Subdivision Control Law Not Required a plan of land in the Town of Scituate located between 47 and 55 Common Street prepared by Morse Engineering, Inc with surveying services by mr Surveying for applicant/owner Paul and Eleanor Young dated Oct. 24, 2011. Mr. Monger seconded the motion. Motion was unanimously approved.

Form A Plan – 41 Brook Street
Assessor’s Map/Block/Lot 50/6/11 and 50/6/12
Applicant: Robert and Elizabeth O’Connell
Owners: Robert & Elizabeth O’Connell/Theresa & Mark Conroy

Documents
Application and Plan of Land at 41 Brook Street, Assessor’s Map 50/6/11 and 50/6/12. Plan prepared by Stenbeck & Taylor, Inc. for applicant/owner Robert and Elizabeth O’Connell dated October 11, 2011.

Richard Servant of Stenbeck and Taylor indicated that the plan involves a lot line change for 41 and 43 Brook Street to correct an existing encroachment of a driveway and lawn. Lot A is going to be joined with 41 Brook St. from 43 Brook St. The plan brings Lot 41 into conformity and Lot 43 is still in conformity.

Town Planner, Laura Harbottle indicated that there is an encroachment that all landowners are in agreement to correct and she sees no problem with endorsement.

Mr. Taylor inquired about a newer fence that just stops. Mr. Servant indicated it replaced an older fence in the same location.

Mr. Vogel moved to endorse as approval under the Subdivision Control Law Not Required a plan of land in the Town of Scituate located at 41 Brook Street prepared by Stenbeck and Taylor for applicants/owners Robert and Elizabeth O’Connell and Theresa and Mark Conroy dated Oct. 11, 2011. Mr. Monger seconded the motion. Motion was approved unanimously.

Discussion: Proposed action on projects where Planning Board is holding surety

Documents
Surety Recommendations.xls

Town Planner, Laura Harbottle presented the current list of surety that is being held for Planning Board Projects. Booth Hill Estates, Cushing Estates, Kimberly Estates, Laurelwood, Walnut Tree Hill and the Satuit Waterfront Club were discussed. The account containing the surety for the Satuit Waterfront Club was closed by Rockland Trust. The Board generally wants to see letters written to the applicants advising them they will be on a Planning Board agenda to discuss their uncompleted project and surety that the Board is holding. The Town Planner will prepare and send letters.

Release surety, Cushing Estates ($3,700 plus interest with Rockland Trust Co)

The Board indicated that they would like a letter from Michael McSharry asking for return of the surety. The Town Planner was directed to write a letter to Mr. McSharry asking him to request a return of his surety as the street was accepted at Town Meeting.

Minutes

Mr. Monger moved to approve the October 13, 2011 and October 25, 2011 meeting minutes. Mr. Mercer seconded the motion. Motion approved unanimously with Mr. Limbacher not voting on the October 25, 2011 minutes.

Accounting

Documents
P.O. # 12002678 ($125.00), P.O. # 12002599($67.79), P.O. 11008113 ($460.00)

Mr. Monger moved to approve the requisitions for $125.00 for a service contract for the typewriter from Ockers, $67.79 for office supplies from W.B. Mason and for $460.00 to Chessia Consulting Services for As-Built review for Walnut Tree Hill. Mr. Mercer seconded the motion. Motion was unanimously approved.

Mr. Mercer indicated that Dr. Nico Afanasenko is receiving the Chamber of Commerce Small Business of the year award next week.

Town Planner, Laura Harbottle indicated to the Board that Joanie Wilson of the Backyard Burger Bar came in to discuss the continuous planter requirement. Ms. Wilson is looking to put a 3 to 4 foot high white picket fence with plants cascading down as the continuous planter as it provides the safety element the Board desires and it provides an opportunity for color and a “backyard” feeling. The Board indicated the solution was acceptable to them with a 3 foot high fence preferred so as to not provide a tunnel effect feeling. Mr. Vogel suggested that she ought to look into vinyl fence for easier maintenance.

Tilden Estates – Tilden Woods LLC

Documents
Letter dated 10/18/11 from Attorney Michael C. Hayes requesting discussion of lot releases/surety.
PDF of MGL Ch 41 s81U
PDF of Scituate Subdivision Regulations Sec 6.8

Mr. Steve Bjorklund indicated that the Tilden Estates project is progressing nicely. Water Service is installed and a tie in to the Beech Tree Farm three (3) way gate valve will occur next Tuesday. Gas service will be brought in from Country Way. It is hoped that binder can be installed in the next three weeks. Once binder is down, Mr. Bjorklund estimates the remaining work would be about $140,000 with total cost of site work just under $700,000.

Mr. Bjorklund indicated he would like to keep the covenant for surety for most of the lots and release a few lots (ideally four) from the covenant so that building could start. The bank has the money and only releases it when a certain amount of work is done according to a release schedule previously set. He indicated that Cohasset proceeds this way. At some point after a few lots are sold, they would come back and switch to a cash surety. If they can’t proceed in this fashion, they would need a second mortgage to put the money up for cash surety.

Mr. Monger indicated this is a legal issue and holding lots for surety is not allowed by state law. He indicated the state law is unambiguous on the matter of surety and there is no discretion in the state law. The Board must follow the state law. Town Planner, Laura Harbottle agreed that the Board must follow state law which outlines what is acceptable for surety.

Mr. Monger indicated that the concept of holding lots for surety could be put before Town Counsel, but Mr. Bjorklund would have to pay for the review.

It was agreed that Mr. Bjorklund would present more information to the Board.

Mr. Vogel moved to adjourn the meeting at 8:50 pm. Mr. Monger seconded the motion. Motion was unanimously approved.

Respectfully submitted,

Karen Joseph
Planning Board Secretary

Dr. Nico Afanasenko, Clerk

Date Approved