WEST BRIDGEWATER PLANNING BOARD 4/18/18

Transcription

1 WEST BRIDGEWATER PLANNING BOARD 4/18/18 PRESENT: H. Hurley, H. Anderson, G. Stetson, A. Kinahan and J. Noyes ABSENT: None The meeting was called to order at 7:30 p.m. 1. Luke Estates: Al Endriunas was present. Revised Mylars were submitted for signatures. The Board was informed that the twenty (20) day appeal period has passed for this subdivision. It was noted that a copy of the Form C had been forwarded to Mr. Endriunas's lawyer to assist in completing the Covenant. It was noted that the Form C and plans were ready to be released. Mr. Endriunas had submitted the covenant as requested after the last meeting. The Town Clerk has certified that there has been no appeal made on the subdivision. Mr. Endriunas reported that he had been before the Conservation Commission last evening and had gotten their approval. He also noted that the rain gardens would now have no plants in them so the water will be routed to the drain pipes at the outlets. A Motion (HA) was made to sign the plans for Luke Estates and release the Form C and Covenant to Mr. Endriunas for recording. Second (GS). Vote: Unanimous. Mr. Endriunas was asked to submit ten (10) paper sets of the approved plan so that they may be distributed to the DPW, Assessors, Building Commissioner, Water Department, Conservation Commission, Mr. Hurley, Mr. Stetson and the Board s engineer, Nicholas Lanney. Mr. Endriunas asked what the procedure is for getting inspections as the work progresses. Mr. Hurley stated that they have hired Mr. Lanney to do all of the inspections for the Board so he would be the one for Mr. Endriunis to satisfy. 2. Lincoln Street: Mr. Hurley reported that he will attend a meeting to discuss a proposed auto dealer/auction business to be located on the seventy two (72) acre parcel on Lincoln Street. He stated that if this site doesn t have enough room they want to see if they can get the Spadea s West Street solar farm property. He noted that proponents had an ANRAD in place but the time has run out. Mr. Stetson stated that these cars for auction are all used vehicles and there could be fluid leakage of all kinds. He also noted that this would be a traffic nightmare at Route 106. He stated that the State will be all over it. Mr. Hurley stated that this would be a long term project before any approvals are given. Mr. Stetson stated that he was hoping for a Cold Stone Creamery instead.

2 Page 2 3. Harvestwood Drive: A revised Form A and plans were submitted by Bertarelli Brothers for endorsement. The intent of the plan is to divide the property into a single family house lot with 58,754 square feet while the remaining land identified as Assessor s Map 25, Lot 41 is not a buildable lot under the current zoning regulations. These plans were submitted at the last meeting but were returned to the applicant without prejudice because the remaining lot was not labeled correctly. Mr. Hurley noted that the plans are now compliant. A Motion (HA) was made to endorse the revised Form A and plans for Harvestwood Drive as presented. Second (AK). Vote: Unanimous. 4. Enterprise Rent-A-Car: The Board received an application for a special permit/site plan review submitted by J. K. Holmgren to permit Enterprise Rent-A-Car to store motor vehicles at 405 West Street. It was noted that this property is located in the Water Resource Protection District. Building Commissioner, Michael White, recommended that a written hazardous mitigation plan be in place in case of a release of any types of fluids from the stored vehicles. He also recommended that mitigation supplies like speedy dry, oil absorbent pads, hazardous fluid booms, etc. be stored on-site. Mr. Hurley reported that he had contacted the Board s engineer, Nicholas Lanney, to request an estimate to review the plans. Mr. Lanney reported that the fee would be two thousand ($2,000) dollars. Mr. Hurley noted that he had been advised that Scott Faria from, from J.K. Holmgren, had forwarded a copy of the plans to Mr. Lanney for his review. A Public Hearing will be held on Wednesday, May 16, 2018 at 8:00 p.m. in the MacDonald- Brown conference room in Town Hall. Notices will be published in the Enterprise newspaper on May 1 and May 8, Spring Commons: Mr. Hurley reported that he got an and a draft of revised subdivision plans from Jacob/Driscoll Engineering on behalf of owner, Jack Peters. Mr. Hurley stated that he had met with Greg Driscoll to discuss the proposed revisions. He stated that proponents plan to reduce the scale of the project from six (6) lots to three (3) lots. Mr. Driscoll questioned whether the Board had any significant problems given the shorter cul-de-sac road that remains within the same basic alignment that was previously approved, but involves much less construction. Mr. Driscoll also questioned whether the plan revisions can be approved as a minor modification rather than as an amendment. Mr. Hurley stated that this plan was certainly an improvement over the previous one. He noted that this plan would definitely be an amendment and subject to all of the provisions of the subdivision

3 Page 3 control laws. He noted that the public hearing could possibly be completed with a couple of sessions unlike the previous plan. Mr. Hurley stated that all of the major fill would be gone, and the road will be sloped down to drain runoff into the wetlands. He stated that they would have the same septic design which will be across the front yard of the front lot. He noted that there would now be nothing constructed on the left side of the road, and there would be two (2) stand alone houses. Mr. Stetson wondered that in light of all the recent rain how many places that added fill and put up walls are now washed out North Main Street: Keenan Brinn and Paul Katsirubas of Viasat were present. Also present was John DeCosta and Carol DeCosta. PUBLIC HEARING 8:00 p.m. Mr. Hurley read the notice as it appeared in the Enterprise newspaper, introduced the Board members and outlined the procedure for the hearing. The Board received an application from N. B. & C. Engineering Services, LLC on behalf of Viasat, Inc. for a Special Permit/Site Plan review to install a wireless internet communications access link (satellite dish) in the business zone to be located at the above address. This link will be housed within an outdoor equipment compound which will include cabinets and an electric meter panel. A Special Permit is also required for activity in the Water Resource Protection District. The applicable Sections of the West Bridgewater Zoning bylaws include Section 4.4 Commercial & Industrial Wireless Communications, Use #7, Section 4.6, Section and Section An invoice for advertising and the abutter notification in the amount of $ was presented for payment. Mr. Hurley read correspondence from the Board of Selectmen who had no objection or concerns with the proposal. Mr. Brinn stated that they would construct a sixteen and a half (16.5 ) foot ground mounted satellite dish with related outdoor radio equipment which will be owned by Viasat Inc. He introduced Mr. Katsirubas who discussed the proposal. He stated that Viasat has been an independent owner and operator of wireless internet/communications for over thirty (30) years. Mr. Katsirubas stated that some of their internet customers include rural home and business owners, airlines, ships, and government and military offices. He also stated that the satellite dish will be placed directly behind the tire store garage and will be barely visible from the street. Mr. Katsirubas stated that this site is perfect for their dish because it is dead center from the satellite internet service in the sky. Mr. Brinn stated that the dish will be tucked in behind Asack s Footwear and Bill s Tire Barn. He noted that they would be leasing the twenty four by forty (25 x 40 ) foot area. He reported that

4 Page 4 there would be a generator, cables and security cameras all enclosed with a chain link fence. He stated that there would be no addition traffic and the site would be accessed remotely. Mr. Brinn stated that it would take thirty (30) days to construct and then there would be little to no activity after that. He also stated that it would be well located near the adjacent solar farm. Mr. Hurley questioned whether there would be any lighting. Mr. Katsirubas stated that there would be a motion detector, night vision cameras and no floodlights. He stated that the generator would be on a concrete slab. Mr. Hurley asked if they would be using natural gas or propane as is used by neighboring properties. Mr. Katsirubas stated that they had considered it, but that they would prefer using diesel fuel instead. Mr. Hurley also asked whether there were any generator specifications for them to review. Mr. Brinn stated that they did not have any with them but that he would get them to the Board as soon as he could. Mr. Katsirubas stated that this would be a very small generator. Mr. Kinahan stated that the Board would much rather they used propane or natural gas. He noted that he could see that they would be using a double walled tank, but that it doesn t qualify as a secondary means of confinement which the Board would require. Mr. Hurley asked if there would be any interference with TV s or radios in the area. Mr. Brinn stated that this is an FCC licensed frequency and would not cause any interference. Mr. DeCosta stated that his property is close by this site and asked how frequently they would run the generator and was concerned that it would be during the night. Mr. Katsirubas stated that it would run once a month during the daytime hours. He reiterated that the antenna is only sixteen and a half (16.5 ) feet tall from the ground to the top of the antenna. Mr. DeCosta also asked if this site will be big enough for what they want to do. Mr. Katsirubas asked if he was concerned that there would be any danger. Mr. DeCosta stated that he was. Mr. Katsirubas stated that the emissions would only be released from the front and there would be zero exposure to anyone. He noted that the dish would only receive and transmit data. Mr. Anderson asked if anyone outside of the fence would be protected. Mr. Katsirubas stated that they will test and retest to make sure it is safe. He noted that this is a geostational orbit and would always face the same way; it won t move. Mr. Hurley stated that the only concern he has is with the diesel fuel and suggested that it could be a condition of approval. Mr. Katsirubas stated that he was authorized to make a decision and instead of diesel, he would agree to use only natural gas or propane provided that it is available. Mr. Hurley stated that the Board must make an affirmative finding that proponents have met the criteria for approval under Section 4.6. Water Resource Protection District that the use is: a. Consistent with the purposes and intent of Section 4.6; b. Appropriate to the hydrology, natural topography characteristics of the site;

5 Page 5 c. Will not, during construction or thereafter, have an adverse environmental impact on any zones of the water resource protection zone; and d. Will not adversely affect the existing or designated future public wells. A Pursuant to Section the Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that, in its judgment, use of the site is in harmony with the general purpose and intent of this bylaw and subject to and consistent with the conditions, safeguards and limitations herein set forth and subject to all the following conditions: a. The specific site is an appropriate location for such a use, structure or condition, b. The use as developed and operated will not adversely affect the neighborhood, c. There will be no nuisance or hazard to vehicles or pedestrians or volume greater than the capacity of the streets affected, d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and e. Access to the site over streets is appropriate for the type of vehicles involved. Pursuant to Section pertaining to wireless communications facilities proponents have to meet the criteria for approval that: a. The location of the tower or device is suitable, and the size, height, and design are the minimum necessary for the purpose, b. The proposed tower or device will not adversely impact historic structures or scenic views, c. There are no feasible alternatives to the location of the proposed tower or device, including co-location that would minimize their impact, and d. The proposed tower or devise is in compliance with Federal and State requirements regarding aviation safety. A Motion (GS) was made to affirm that proponents have met all of the above criteria. Second (HA). Vote: Unanimous. A Motion (HA) was made to grant the Special Permit to Viasat for the installation of a Satellite Dish at 265 North Main Street and for activity in the Water Resource Protection District as presented. Second (GS). Vote: Unanimous.

6 Page 6 A Motion (HA) was made to approve the Site Plan as presented with the following condition: That natural gas or propane will be used to fuel the generator Second (GS). Vote: Unanimous. The public hearing was closed at 8:35 p.m. The special permit will be prepared for the Board s signatures and then filed with the Town Clerk to begin the twenty (20) day appeal period Turnpike Street: Brett Norris of B.M. Norris was present. PUBLIC HEARING 8:35 p.m. Mr. Hurley read the notice as it appeared in the Enterprise newspaper, introduced the Board members and outlined the procedure for the hearing. The application is for a Special Permit/Site Plan review, pursuant to Section 4.4 #2, Contractor s Storage Yard, Section Water Resource Protection District and Section Site Plan of the Town of West Bridgewater Zoning Bylaws. A Special Permit is required for activity in the Water Resource Protection District. A Site Plan review is part of the special permit process. An invoice for advertising and the abutter notification in the amount of $ was presented for payment. Mr. Hurley read correspondence from the Board of Selectmen who requested: dirt, dust and noise control and consideration of area aesthetics. Mr. Norris stated that this site is used for equipment and vehicles storage for his landscape business. He stated that he has seven (7) employees that meet at the site in the morning. He stated that there is no office, no electricity, no sanitary facilities and no night time work. Mr. Norris also stated that he was a tenant on the property owned by Bertarelli Brothers. Mr. Anderson asked if the site was paved. Mr. Norris replied that it was. Mr. Kinahan asked how long Mr. Norris has been on this site. Mr. Norris stated that he had been there for four (4) years. He stated that no one had told him that he would need a special permit. He reported that approximately two (2) years ago he had a plan drawn up and paid for something, but a former building inspector never called him back. He noted that in addition, it appears that the records were lost. Mr. Hurley noted that it fell through the cracks but they were trying to remedy the situation.

7 Page 7 Mr. Hurley read correspondence from Town Counsel, David Gay, who suggested that the petitioner file an application with the Planning Board to have the site plan and special permit heard in one hearing. He noted that this was the best possible solution for Mr. Norris and the Town as long as proper notice is given. Mr. Norris stated that there is a dry storage trailer on the site and the only maintenance is to sweep the pavement as needed. Mr. Kinahan asked if there was any maintenance of vehicles done on the site. Mr. Norris stated that if any repairs were necessary the vehicles were brought to an outside dealer or repair shop. Mr. Stetson asked if Mr. Norris used any fertilizers. Mr. Norris stated that it was very rare, and consisted of a couple of bags. Mr. Stetson asked if there were any pallets used. Mr. Norris stated that there were none used on the property. Mr. Hurley asked if there was any refueling done on site. Mr. Norris stated that fueling was only done off site. Mr. Hurley also asked about the drainage. Mr. Norris stated that because the site is paved, any runoff drains away from the site. Mr. Hurley asked if there was any lighting on the site. Mr. Norris stated that there were a few lights on the building that are run off a generator, but are only used early in the morning before the sun comes up if it is necessary. Mr. Noyes asked if the generator was gas powered and Mr. Norris stated that it was. He noted that this is just a storage site for his business and that they are very quiet tenants. Mr. Hurley stated that pursuant to Section 4.6. the Board must make an affirmative finding that proponents have met the criteria for approval that the use is: a. Consistent with the purposes and intent of Section 4.6; b. Appropriate to the hydrology, natural topography characteristics of the site; c. Will not, during construction or thereafter, have an adverse environmental impact on any zones of the water resource protection zone; and d. Will not adversely affect the existing or designated future public wells. Pursuant to Section the Special Permit Granting Authority shall not approve any such application for a Special Permit unless it finds that, in its judgment, use of the site is in harmony with the general purpose and intent of this By-law and subject to and consistent with the conditions, safeguards and limitations herein set forth and subject to all the following conditions: a. The specific site is an appropriate location for such a use, structure or condition, b. The use as developed and operated will not adversely affect the neighborhood,

8 Page 8 c. There will be no nuisance or hazard to vehicles or pedestrians or volume greater than the capacity of the streets affected, d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and e. Access to the site over streets is appropriate for the type of vehicles involved. A Motion (HA) was made to affirm that proponents have met all of the above criteria. Second (HA). Vote: Unanimous. A Motion (GS) was made to grant the Special Permit to B. M. Norris Enterprises, LLC for activity in the Water Resource Protection District as presented. Second (AK). Vote: Unanimous. A Motion (GS) was made to approve the Site Plan as presented. Second (HA). Vote: Unanimous. The public hearing was closed at 9:05 p.m. The special permit will be prepared for the Board s signatures and then filed with the Town Clerk to begin the twenty (20) day appeal period Maple Street: The Board received a request from the Zoning Board of Appeals to review a plan for a variance for a Medical Marijuana dispensary by MD Holistics to be located at the above address. It was noted that property owner, Plasse Masonry, was told that if they were to have any tenants, they would be required to make substantial upgrades to Maple Street. A Motion (HA) was made to send a letter to the Zoning Board of Appeals recommending that they deny the variance request for the following reasons: 1. This site encroaches on the five hundred (500') feet residential zone, and 2. Maple Street will have to be improved and upgraded to meet the standards of the subdivision control regulations. Second (GS). Vote: Unanimous. 9. Reorganization: The Board congratulated Mr. Noyes on his hard fought battle to win his reelection to the Board for another five (5) year term. Mr. Hurley suggested that it was time to reorganize the Board.

9 Page 9 A Motion (GS) was made to keep the Board as it has been as follows: Second (HA). Vote: Unanimous. Hugh Hurley, Chairman Howard Anderson, Vice Chairman Gerald Stetson, Clerk Anthony Kinahan, Member James Noyes, Member 10. Wage Issue: Mr. Hurley reported that he had a conversation with Town Administrator, David Gagne, regarding a 1% increase in the secretary wage as part of the new clerical contract. He noted that the only stipulation was that the increase must be funded in the current bottom line budget. He also noted that unless there was an unforeseen reason, the Board would not be able to go back to the Finance Committee for additional funds to close out the current year. Mr. Stetson stated that it would be unforeseen if the wages go over the bottom line since the Board only estimates the wages and the hours to be worked. Mr. Hurley stated that he reviewed the budget and the Board could fund the 1% from line item office supplies. He noted that in order to not overspend their budget, the secretarial pay for the remainder of the fiscal year could not go over the allotted funds. A Motion (HA) was made to authorize the paid raise to be taken from the office supply line item. Second (GS). Vote: Unanimous. 11. Subdivision updates: B.C. Way: No further updates at this time. Green Meadows: No further updates as to the DPW review of the roadways. Lamp Post Estates: It was noted that there has been nothing started on this subdivision. It was reported that one of the owners came in to get the form for the Covenant since it was not filed with the original submittal. It has not been submitted as yet. Meadow Spring: No contact from the owner, Attorney or his representative regarding the acceptance of the above subdivision has been made.

10 Page 10 Pearl Road: No further action at this time. Stoney Road: No further action at this time. Former Paradise Estates Subdivision: No further information at this time. 12. MAIL: Bridgewater Planning public hearing on 4/17/18, re: site plan, Bedford Street. Bridgewater Planning public hearing 4/18/18, re: change of use, 85 Fireworks Circle. Bridgewater Town Counsel public hearing 4/18/18, re: ordinance amendments. Brockton Planning public hearing 5/1/18, re: ordinance amendments (2). E. Bridgewater Planning public hearing 4/30/18, re: subdivision, West Pond Street. Easton Planning & Zoning public hearing 4/23/18, re: special permit, 201 Main Street. Raynham ZBA public hearing 4/25/18, re: variance, 32 Lester Road. Raynham ZBA public hearing 4/25/18, re: variance, 500 Pine Street. Raynham ZBA public hearing 4/25/18, re: variance, 600 South Street. Raynham Planning public hearing 5/3/18, re: zoning amendments. Clark Estates invoice payment for advertising and abutter notifications. OCPC minutes of 3/20/18 and agenda for 4/17/ A Motion (HA) was made to pay the Enterprise newspaper in the amount of $ for both advertisements for Clark Estates. Second (HA). Vote: Unanimous. 14. A Motion (HA) was made to pay the Town Bookbindery $ Second (GS). Vote: Unanimous. 15. A Motion (HA) was made to pay the secretary payroll for the period ending 4/17/18. Second (AK). Vote: Unanimous. 16. The minutes of 4/4/18 were accepted and filed. 17. The meeting was adjourned at 9:35 p.m. Respectfully submitted, Donna M. Cotter, Secretary