Town of Chatham
Planning Board Minutes
April 12, 2011
Present: Cory Metters, Chairman; John Kaar, Clerk; Hank Russian, Tommy Doane; Bob Dubis and Richard Gulick
Also Present: Assistant Planner, Lynn Thatcher; Director of Community Development, Kevin McDonald; and Planning Board Secretary, Michele Clarke. Also in attendance were the applicants, their representatives and several interested Town residents.
WELCOME:
Mr. Metters welcomed the audience and called the meeting to order at 7:05 pm. This is a regular business meeting and a public hearing for a Special Permit Amendment.
SITE PLAN REVIEW
Pre-Application
197 Strong Island Road
The chair read a letter from Attorney William Riley requesting a withdrawal of the application.
PUBLIC HEARING – SPECIAL PERMIT AMENDMENT:
1320 Main Street – Seacrest Village. Terry Eldredge, Eldredge Surveying & Engineering, LLC represented the applicant Sage Group, LLC.
- The applicant proposes the construction of the remaining ten (10) single family units in an eighteen (18) unit multi-family dwelling project.
- The East side of the development has already been constructed per the approval by the Planning Board on August 9, 2005.
- Mr. Eldredge reviewed the modified architecture and layouts of the dwellings.
- Minor grading changes were proposed to balance the cuts and fills on the site. See file for specific details of grading changes.
- There is a 15’ wide exclusive use easement at the rear of the property for a driveway to Waterview Colony. There were two conditions for granting the easement; a stockade fence and plantings on the Waterview Colony side of the fence. There is some confusion of the part of the applicant because the property line in question has been re-graded without her knowledge.
- The applicant is proposing to install dense mature trees between the condos and this lot.
- There is no drainage issue on the site but gutters and downspouts will be installed on each building.
- All the Multi Family Development Criteria have been met. See below:
- The site has 210, 473 s.f. of buildable upland, which would allow for a total of 42 bedrooms. The total number of bedrooms on the East side is 16 which allows for a total of 26 bedrooms to be constructed on the West side.
- A 20’ vegetative buffer will be installed around the site.
- All proposed buildings exceed the required 20’ setback from the street.
- The proposed building coverage, including the East side, is 14.6% where 15% is allowed.
- The proposed site coverage is 36.5% where 50% is permitted.
- There will be 63.5% of green space provided where 50% is required.
- All the criteria for the issuance of a Special Permit have been met.
- The Site Plan review criteria was reviewed by the applicant and submitted in writing for the file.
Correspondence:
- Water & Sewer – no objections to the proposed development. 671/gpd are allowed.
- Fire & Rescue - #1 – a fire hydrant is required at the cul de sac.
- BoH – no concerns. The project will be served by Town water & sewer. No more than 26 bedrooms on the west side are allowed.
- DWP – no concerns for project. Snow removal to be done by property owner.
- Water Quality Lab – No more than 42 bedrooms total for the entire site, drainage appears adequate and requested revision of landscape to include low maintenance native plants.
- HBDC – reviewed and approved the nine dwelling units with conditions.
- Fire & Rescue #2 – re-reviewed project and determined no fire hydrant is required.
- Kristin Andres, Conservation Agent – suggested alternative plant species to be use. Pesticide and fertilizer use should be limited.
- Paul Witik, Waterview Colony – wrote with several questions about the proposed development including drainage, landscaping, elevations, completion time and sewage flow.
- Terry Eldredge and Robert Adamo responded to the questions raised by Mr. Witik. He noted that these questions had previously been addressed in an email to an abutter.
Audience Comments:
- Charles Levendoski, Waterview Colony, expressed concerns about drainage onto his property.
- Mr. Eldredge stated that a drainage swale, approximately 175’ long x 18” wide, along the fence will be a condition of approval.
- Paul Witik, Waterview Colony, spoke about his concerns for safety and drainage.
- William Riley, Esq. asked for a point of order stating that the ancient history being discussed is not relevant to the project.
- John Mulhall, Waterview Colony, gave the Board a picture of what the slope had previously been. He asked that the applicant retain the current grade at the fence.
Comments from the Board:
- Members suggested that the plan be approved subject to a condition that the drainage swale be sufficient to accept all runoff from the site.
- Another member stated the approval should be subject to the Route 28 catch basin being installed.
Mr. Dubis moved that the plan be approved subject to a condition that the drainage swale be sufficient to accept all runoff from the site. The motion was not seconded.
Mr. Russian move to approve the amended Special Permit subject to conditions to be approved at the April 19th meeting. Mr. Kaar seconded. 6-0-0.
Mr. Russian move to approve the amended Site Plan subject to conditions to be approved at the April 19th meeting. Mr. Kaar seconded.
Mr. Kaar moved to close the public hearing. Mr. Dubis seconded. 6-0-0
The public hearing closed at 9:20pm.
Zoning Amendment Information:
- Mr. McDonald explained that the article regarding the FEMA maps will not be moved because the maps have been rescinded.
- The authors of the zoning article will move that the articles be tabled and go back to the Planning Board for further review and work.
- The citizens’ petition articles will be discussed at the Public Hearing meeting on April 19, 2011.
RELEASE OF COVENANT/BOND/STATEMENT OF CONDITIONS:
33 Depot Street – Michael Arconti presented his request for a partial release of the Performance Bond.
- Mr. Kaar & Mr. Dubis recused.
- The applicant has completed the drainage ($10,700.00) and retaining walls ($16,500.00); equaling $27,200.00 of the bond.
- The applicant requested that the plan be amended to reflect the elimination of a short retaining wall on the rear of the property.
- The applicant will submit a revised site plan for the file within one week.
Mr. Gulick move to release a $27,200.00 of the bond and retain $34,500.00. Mr. Russian seconded. 4-0-0.
SITE PLAN REVIEW/RECOMMENDATION TO ZONING BOARD:
Pre-Application
632 Main Street – William Litchfield, Esq. represented the owner, Family Tides, LLC, and the applicant, J. McLaughlin, for the proposed retail store.
- There are no exterior changes proposed.
- Attorney Litchfield explained that while this business has more than 40 stores it should not be considered a “Formula Business Establishment” since there is no standardized array of goods.
- There is parking located behind the subject property.
The signs were approved by the HBDC.
Mr. Russian moved to accept the Pre-Application Site Plan. Mr. Dubis seconded. 6-0-0
Recommendation to the Zoning Board:
Mr. Kaar moved to send a positive recommendation to the Zoning Board of Appeals. Mr. Doane seconded. 6-0-0
SITE PLAN REVIEW:
Formal
211 Orleans Road – Jonathan Idman, Esq. represented the applicants Norman & Emily St. Pierre. John Desousa, Seacoast Consulting, LLC, engineer was also present.
- The applicant proposes to construct an 1836 s.f. convenience store and gas station.
- The traffic study said that there will be an increase in traffic but will not create a danger.
- Various site improvements, such as pedestrian traffic, off street parking and loading, canopy, building size and location, landscaping, lighting, and noise controls were discussed.
- The State Fire Marshal has approved the fuel storage license.
Correspondence:
- Water Quality Lab – proposed drainage is adequate.
- BoH – a new septic system is proposed.
- Fire & Rescue – requested the installation of a closed circuit camera system for visibility to the pumps.
- HBDC – the applicant was approved with conditions.
Comments/Questions from the Board:
- A member requested that the landscape schedule be updated to show the specific size of the plantings.
- A member asked that the large existing tree in the landscape island be saved.
- John Desousa, Sea-Coast Consulting, stated that Mass Highway mandates ADA specific sidewalks/walkways.
- Board members suggested that the tree be protected during construction and an arborist monitors the tree during all construction activities.
Mr. Gulick moved to approve the Site Plan subject to the following conditions:
1. Minimize construction impact on the large existing tree in the landscape island by consulting with an arborist and possibly shifting the sidewalk towards the curb line.
2. A Red Maple tree or equivalent will replace the proposed Dogwood tree if the large existing tree in the landscape island cannot be saved.
3. The landscape schedule will be revised to include the specification for the size of the landscape materials to be planted.
4. Monitoring system.
5. Bond for site improvements.
Mr. Metters seconded. 6-0-0
127 Commerce Park South – David Clark, Clark Engineering, represented the applicant, Bertandi Realty Trust. The applicant proposes to construct a 16’x18’ addition to the existing building to house an additional lobster tank. An addition to the building that was approved in 1998 was not built.
- The refuse container is on wheels. Ms. Thatcher requested that a location be chosen for the refuse container and shown on the plan but not in the middle of the parking area.
- The bond for site improvements was recommended to be $6,500.00.
- There was discussion of drainage on the site.
Mr. Russian moved and Mr. Gulick seconded to approve the formal site plan subject to the conditions listed below. 6-0-0
- A bond in the amount of $6,500.00 for site improvements will be posted.
- An additional gutters and downspouts will be placed at the Northwest corner of the building.
180 & 186 Seaview Street Chris, Cannon, AIA, represented the applicant, CBI, LLC, who is proposing the addition of an outdoor lap pool to the site. ~
- The use of the lap pool is to be limited to the adult guests of the inn only.
- The existing 10’x10’ shed will be moved 8 feet.
- A pervious wood deck will be around the pool and a catch basin will be installed to the west of the decking.
- Adjustments to the parking area will be made. There will be a 7’x18’ paved area added to the existing shell parking area to be used as a drop off area for the courtesy van and also for fire & rescue vehicles.
- The hours of use for the pool will be limited to 7:00am - 9:00pm.
- A hedge of Viburnum will be planted.
- Some down lighting will be hung from the trees and other lighting will be installed as per plan.
- The pool will be handicap accessible.
Correspondence:
- BoH – the pool must meet the requirements for the State sanitary code and the plans must be approved by the Board of Health.
Comments from the Board:
- A member asked if the backwash from the pool going into a leaching pit is acceptable.
- Reggie Donahue, Coastal Engineering, explained that this is the standard method for addressing overspill from a pool.
- A revised cost estimate will be submitted for the file.
Mr. Doane moved and Mr. Russian seconded to approve the formal site plan subject to the posting of a bond for site improvements in the amount of $33,560. 6-0-0
REPETITIVE PETITION
61 Eliphamets – James Norcross, Esq. represented the applicant, Vahram Erdekian.
- Last summer the applicant replaced the existing fence with a 6’ high solid white vinyl fence which required approval from both the Conservation Commission and ZBA.
- The Zoning Board denied the petition on the grounds that there will be an adverse effect on the views/vistas and neighborhood visual character.
- The proposed fence will have lattice at the top.
Comments/Questions from the Board:
- A member asked if how high off the ground the fence is required to be.
- Attorney Norcross responded that the fence needs to be 2 feet off the ground per Cons Com.
- Another member noted that no public view is being impeded.
- Members had issues with the fence but found specific and material changes were made.
Mr. Russian moved to grant the Repetitive Petition. Mr. Doane seconded.
5-1-0. (Mr. Kaar dissented)
This hearing was continued to May 17, 2011.
MINUTES:
Mr. Doane moved and Mr. Kaar seconded to approve the minutes of March 8, 2011 as amended. 5-0-1. Mr. Russian abstained.
Mr. Kaar moved and Mr. Dubis seconded to approve the minutes of March 24, 2011 as amended. 4-0-2. Mr. Doane and Mr. Russian abstained.
DISCUSSION:
Mr. Russian questioned if staff needs to write an opinion detailing the criteria in light of the fact that the applicant reviews the criteria during the meeting.
Mr. Doane asked if there is a control light for the crosswalk at the CVS/CVM property.
Ms. Thatcher stated that Jeff Colby is looking at the addition of a control light. She noted that the light would not be located on the CVS/CVM property.
Mr. Russian asked what will be happening with the Citizens Petition Articles at Town Meeting.
The public hearing for those zoning articles will be discussed at the April 19, 2011 Planning Board meeting.
ADJOURNMENT:
Mr. Doane moved and Mr. Kaar seconded to adjourn the meeting. The meeting adjourned at 11:09 pm. 6-0-0.
Respectfully submitted,
Sarah Clark, Secretary
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