9/27/2018 PLANNING BOARD Minutes

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the legal issue of removing the original Article may be a bigger concern and suggested the possibility of scheduling a Public Hearing before Town Meeting. There was no additional public comment. Warrant Article 16: Raze and Replace-The Chair read the Public Hearing Notice for Article 16. The Chair reported that the Board was in receipt of a letter from Attorney Kevin Kirrane in support of Article 16, noting a change in the interpretation of the existing Bylaw. The Chair read portions of Mr. Kirrane's letter. Comments were also received from Mr. Fudala and the Chair provided copies of the May 2`1 Planning Board minutes when Raze and Replace was first discussed with the Planning Board. The Chair also referenced correspondence dated August 27, 2018 between the Planning Board Chair and the ZBA, requesting that they address the concerns discussed about Raze and Replace. Though not included in packets, Mr. Lehrer reported that the ZBA decisions requested by the Chair were available for review at this evening's meeting. There was no additional written correspondence received, including from Town Counsel, The Chair confirmed that she had asked that ZBA decisions be provided to the Planning Board to better understand what had been approved in the past. The ZBA provided decisions for 118 Waterway, 18 Shorewood Drive and 5 Cantor. Although requested, plans for the decisions were not available. Mr. Balzarini inquired why the Board would consider the plans and the Chair responded that the ZBA stated that they had done them for years and she had requested that they provide examples. Mr. Balzarini stated that he had shown Mr. Lehrer the area. The Chair invited public comment. Comment needed to be placed on hold to open the next Public Hearing. MOTION: Mr.Balzarini made a motion to continue the Public Hearing for Ockway Highlands Subdivision until 8:00 p.m. Mr.Weeden seconded the motion. All voted unanimously. 8:00 P.M. Ockway Highlands Subdivision,Discussion and Possible Action to Modify or Revoke Approval The Chair stated that there were two public hearings for Ockway Highlands. The appointed time having arrived, the Chair opened the Public Hearing for Ockway Highlands Subdivision and read for the record the Public Hearing Notice. Another Public Hearing would also be opened to review the Special Permit and the Chair stated that all comments from this Public Hearing would be rolled into the next Public Hearing. The Chair referenced the Special Permit Decision, as well as an inspection report, drafted by Mr. Rowley, dated September 25, 2018. Mr. Rowley summarized that the project had been going on for some time, with several inspections occurring over the last year regarding clearing along Blue Castle, Great Neck Road South and construction at Carriage Drive, including the need to address run off issues with hay bales. Mr. Rowley stated that a contractor had been hired to complete basic construction on drainage systems at Blue Castle Drive and Carriage Drive but construction ceased. Following the efforts of Mr. Virgilio, resident of Blue Castle Drive, to encourage the completion of the drainage work, additional work occurred at the intersection of Blue Castle Drive and Great Neck Road South. Mr. Rowley submitted photographs of the work, noting that it was still not complete and that the binder was placed on the road, a rolled berm on Great Neck Road South and hydro seed was necessary and there was evidence that there was some transfer of material within the drainage area that could impact the subsurface drainage systems. In addition, on Carriage Drive,Mr. Rowley expressed concern about the condition of that sub surface system. Mr. Rowley stated that activity was necessary in order to correct the situation by finishing the construction at Blue Castle Drive and Great Neck Road South. Regarding Carriage Drive,Mr. Rowley cautioned against loam and seed until the drainage system could be inspected, as with the Blue Castle drainage system. 3