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News/Events - Meeting Minutes
Planning Board, December 20, 2011
SCITUATE PLANNING BOARD
December 20, 2011
Members Present: Mr. William Limbacher, Chairman, Mr. Dan Monger, Vice Chairman, Mr. Eric Mercer, Dr. Nico Afanasenko. 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: GAR Hall, 353 Country Way
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.
ACCEPTANCE OF AGENDA: Mr. Mercer moved to accept the agenda. Mr. Monger seconded the motion and the vote was unanimous in favor.
Form A Plan – 133 Stockbridge Road and 5 Bearce Avenue
Attorney James Lampke was present for the applicant, James F. Crofwell, along with Ralph Cole of mr Surveying. He indicated that this plan is a reconfiguration of the lots lines form the ANR a few years ago. The lots lines are being readjusted to square off the property.
Town Planner, Laura Harbottle, indicated that the application has no issues. The two houses pre-dated the Subdivision Control Law.
Dr. Afanasenko moved to endorse as approval under the Subdivision Control Law Not Required a plan of land in the Town of Scituate located at 133 Stockbridge Road prepared by mr Surveying, Inc. for applicant/owner James F. Crofwell for Assessor’s Map/Block/Lot 54/1/42 & 42 B dated December 9, 2011. Mr. Monger seconded the motion. Motion was approved unanimously.
Attorney Steven Guard, representing the applicant, indicated he filed for 50 foot frontage lots for 147 Border Street with the plan, application, certificate of title, authorization from the Lilly’s and the ZBA certificate. He indicated the lots have more than double the required upland.
Town Planner Laura Harbottle indicated there initially was some concern if a 50 foot frontage lot could be created with a house existing on it; however, the ZBA granted the permit. Dr. Afanasenko confirmed that both lots have over 50 feet of frontage.
Dr. Afanasenko moved to endorse as approval under the Subdivision Control Law Not Required a plan of land in the Town of Scituate located at 147 Border Street prepared by EAS Survey, Inc. for applicant/owner R. Stephen and Kristen Lilly dated December 2, 2011. Mr. Monger seconded the motion. Motion was unanimously approved.
Form A Plan – 787 First Parish Road
Bill Ohrenberger was present for Paul Mirabito, representing the MacKays. He indicated that the last time the Board saw this plan they questioned the access. The MacKay’s initially did not reserve an easement. They have an easement now which was forwarded to the Board.
Town Planner, Laura Harbottle indicated that the Board has an easement for access to the frontage. There is some landscaping on the MacKay property, but it should not be an issue.
Mr. Monger inquired as to the state of Laurelwood. Ms. Harbottle indicated it was accepted in Norwell and Scituate has about $40,000 in a bond.
Form A Plan – 322 – 334 Chief Justice Cushing Highway
Paul Mirabito, representing Rainer Schinabeck TRS, indicated that the plan approved in 2000 had 3 lots. Now the applicant is requesting two lots.
Town Planner, Laura Harbottle indicated that there are no issues. The Board is awaiting authorization from the second trustee. The lots are being divided into 2 lots from 3 per a court agreement in a divorce situation. The second authorization is really needed.
Dr. Afanasenko moved to endorse as approval under the Subdivision Control Law Not Required a plan of land in the Town of Scituate located at 322 – 334 Chief Justice Cushing Highway prepared by Ross Engineering Co., Inc. for applicant/owner Rainer Schinabeck TRS dated December 13, 2011. The plan to be released upon receipt of authorization to file from the second landowner. Mr. Monger seconded the motion. Motion was unanimously approved.
Discussion – Cushing Estates – Request by Tilden Corporation to Release all Surety
The Board previously directed Town Planner, Laura Harbottle, to contact Mr. McSharry and have him request release of all surety as Persimmon Drive and Hickory Lane were accepted at the Special Town Meeting on October 25, 2011.
Mr. McSharry was present and indicated he represents Tilden Corporation and the money has been sitting in Rockland Trust for a long time. Town Planner, Laura Harbottle indicated the streets have been accepted and the money should be returned.
Dr. Afanasenko moved to return the balance of $3,700 surety held in an account in Rockland Trust Co. to guarantee completion of the Cushing Estates subdivision, and accumulated interest, to the developer of the subdivision since Persimmon Drive and Hickory Lane were accepted at the Special Town Meeting on October 25, 2011. Mr. Monger seconded the motion. Motion was unanimously approved.
No minutes were available for approval.
Dr. Afanasenko moved to approve the requisitions for $19.94 to WB Mason for appointment books and $300.00 to Salem State University for GIS training for the Town Planner. Mr. Monger seconded the motion. Motion was unanimously approved.
There was no Town Planner Report. Mr. Vogel inquired about the trees being cut on Hatherly Road. Ms. Harbottle indicated the Board has had several inquiries about tree cutting on Hatherly and Gannett Roads. We have informed people it is for the bike path that DPW is installing with CPC funds. The Board was inquiring if there was any provision to replant trees. Mr. Limbacher agreed to bring the matter up at the next CPC meeting.
Mr. Mercer inquired if the EDC can offer technical business services for businesses to stay viable in the Harbor. Mr. Monger suggested that would be a great idea. The Board agreed that offering public assistance to a private enterprise that would benefit the Town was part of the objective of the EDC. Mr. Mercer will send something to Mr. Monger who will ensure the proper people receive it. Mr. Limbacher indicated there is an opportunity for the EDC to become involved in the Historic Bike Trail. He will also provide Mr. Monger some information to forward.
Ms. Harbottle will try to verify that a placeholder has been put on the warrant for the OCC. Mr. Taylor suggested that a letter from the EDC to the Selectmen supporting the OCC might be a good idea as the newspaper letters have been negative thus far.
Public Meeting - Stormwater Permit – 8 Border Street formerly 172 Gannett Road
Attorney Bill Ohrenberger, Rick Grady, Lou Seoane and Peter Hubbell were there for the applicant. Bill Ohrenberger indicated that since the last meeting, the applicant has filed for the scenic road hearing and a meeting with John Chessia and the applicant’s engineers had occurred. A meeting also occurred with the Town Engineer, Kevin Cafferty, and Mike Breen and there is an agreement to tie into Town drainage with some improvements to the Town system made by the applicant. Mr. Seoane also did some more soil explorations and provided pictures to show that there is 4 to 5 feet of soil at the site.
Rick Grady detailed the improvements to the Town system in Border Street to include two drop inlets on either side of the proposed driveway, still maintaining the sag, with 12” pvc pipe under the 12” swale, the existing catch basin will be upgraded to one with a deep sump and hood and the pipe crossing the road will be upgraded to a 12” ductile iron pipe. He said they have extended the survey and are currently revising the plans and calculations. They believe they will be ready to file in the next day or two.
Mr. Grady also indicated that they would be revising the berm of the rain garden as discussed previously. Much of the drive was being infiltrated before, but now with the proposal to tie into Town drainage it is possible that they are not complying with the Stormwater bylaw in the driveway area as rate and volume will likely increase. There is a public benefit of improving the Town drainage system to offset a probable increase. Mr. Limbacher asked the Board if there would be a problem with an increase. The Board inquired about the magnitude of the increase. Mr. Grady indicated maybe 5%, but the revised calculations would provide the answer. There may be an overall decrease in rate for the site.
Ms. Harbottle indicated that the Border Street drainage discharges to the Gulf River so that the improvements of hoods and sumps would provide treatment and the new drainage would better control the Border Street runoff. She indicated that that between now and the next meeting, the applicant will need to submit revised materials and Mr. Chessia will need to review them.
Mr. Monger thought the revisions sound like they will be better for the neighbor. Mr. Vogel inquired about the encountering of ledge in the driveway cuts of 10 to 12 feet and if there would be absorption. Mr. Grady indicated the ledge is fractured and infiltration will occur. He indicated they will likely be in ledge, but will over excavate for the base for the waterline. The over excavation area will be filled with pervious material. Mr. Vogel inquired if the rain gardens would be engineered soil. Mr. Grady replied in the affirmative. Mr. Taylor asked if the plan is constructed as proposed, would the Town be responsible for the catch basin. Mr. Limbacher indicated it would, but it would be improved and more functional. Mr. Grady confirmed the 12” ductile iron pipe would have better capacity. Dr. Afanasenko inquired if the abutter downhill had been contacted since he was there at the last meeting. Mr. Grady indicated he had not. Dr. Afanasenko also confirmed that they were not having a pervious entry now as the water will go into the Town System. Mr. Grady confirmed that. Mr. Limbacher suggested that the public hearing and public meeting be continued so that the applicant can provide the revised plans and information.
Dr. Afanasenko moved to continue the Scenic Road Act Public Hearing and continue the Planning Board’s discussion of a stormwater permit for alteration of land as shown on a Subsurface Sewage Disposal Plan (Sheets 1 & 2) by Grady Consulting, LLC dated August 23, 2011 to January 12, 2011 at 8:30 pm. Motion was seconded by Mr. Monger. Motion was unanimously approved.
Consider request for Site Plan Waiver and/or waiving requirements for plans prepared, stamped and signed by an architect, engineer or surveyor under Scituate Zoning Bylaw Section 770.2 A and 770.5
Tom and Christine Bombace were representing Riva Pizzeria as partners of Mr. Cole. They indicated that the building will be changed internally to accommodate a pizzeria, but there would be no external changes. They would be moving from the North Scituate location to this location in the old Calico Attic store. Inside there will be new plumbing and the ovens will be moved from the other location. There would be 4 to 5 seats in the inside for people waiting to pick up their pizza, but it is a pick up and delivery establishment.
Mr. Vogel inquired about the parking. Town Planner, Laura Harbottle indicated parking may be an issue. She said there is some grandfathering for parking available in the bylaw since 1988 as long as demand doesn’t change. Mr. Limbacher indicated 1972. Ms. Harbottle indicated there was retail going back to 1988, which is the point of grandfathering and that more recent parking requirements would not be in effect. She indicated there is limited parking and no possibility for turning around into Country Way.
Ms. Harbottle indicated that parking demand is something the Board determines. This could be considered as an “all other use” in the parking table. They have 8 parking spaces for the site and if there are no more than 4 seats plus employees they will probably be under the demand. She indicated indoor seating should be limited to control the parking and not increase the demand. Mr. Monger indicated a need to also limit the restaurant use. Ms. Harbottle said any decision should specify the number of seats for waiting and it should be made clear that it is not an eat in establishment. She later explained this was important to make sure the parking spaces turned over in a timely way. Mr. Monger indicated that if it was set up for eating it would be a restaurant and 8 parking spaces would not be sufficient.
Discussion occurred on where the parking is located and if a plan is required. Ms. Harbottle indicated the Building Commissioner would ask about handicap accessibility. The applicants indicated there is a ramp on the side. Mr. Monger asked if there was a plan and if the Board was going to require Site Plan Review or grant a waiver. Mr. Limbacher indicated there is no external enlargement so Site Plan Review is not triggered. Mr. Monger said that the use change triggers Site Plan Review. Ms. Harbottle indicated it does seem like a change, but the Board could approve a site plan waiver.
Dr. Afanasenko asked about seating and tables. He indicated the new Chinese place in the Harbor went through Site Plan Review. Ms. Harbottle indicated that the Board should make sure there is not going to be a traffic problem on Country Way or the neighboring street.
Discussion continued on whether the tables for waiting made it a restaurant and if the parking demand was suitable and if a decision should limit the number of seats. Town Planner, Laura Harbottle, asked the Board if they wanted the project to be a Site Plan Administrative Review or grant a waiver and should a plan be required. She noted it was not a big site and cost shouldn’t be excessive to prepare a plan, and it is difficult to review without a plan. She said the Building Commissioner had said he wanted to see where the handicap access was and the take-out pizza business would be a change from retail use.
Dr. Afansenko moved to waive the requirement for a site plan by an engineer for a site plan administrative review for opening of a take-out pizza business at 22 Country Way, because no expansion to the building or change in parking is proposed, and the existing parking appears to be grandfathered under Section 760.2 of the Scituate Zoning Bylaw. In lieu thereof, the Planning Board will review a sketch plan showing the layout of the parking and basic interior. In discussion, several board members did not see the need to show the interior space as the parking is grandfathered.
Discussion occurred on the plan for the interior space. Ms. Harbottle indicated that all the uses in the interior should be known or shown. Mr. Monger indicated that the use needs to be confirmed and if a site plan is waived the neighbors need to be protected and he is concerned about precedent. Motion read a second time. It was determined the applicant could do work on the site while applying for the site plan waiver. Motion was read a third time. Mr. Monger seconded the motion. Motion was granted unanimously.
The applicant will come back on January 12. A plan to show parking and uses in the building interior will be submitted prior to the meeting. Ms. Harbottle indicated that the sketch plan, and application and fee will be required unless the Board decides otherwise. The information is available on-line or she can provide it. Ms. Harbottle will verify with the Building Inspector on the handicap parking requirement.
Mr. Mercer moved to adjourn the meeting at 9:15 pm. Dr. Afanasenko seconded the motion. Motion was unanimously approved.
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