2/1/2017 PLANNING BOARD Minutes - Laserfiche WebLink

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S SPECIAL PERMIT Determination regarding extent of driveway construction required for vesting of SGFS cluster Special Permit The Chair read for the record the request. Mr. Fudala referenced the two-lot cluster on Route 28 and the Condition in packets describing a lapse Within two years if construction of the shared driveway was not initiated. The permit Would expire in the fall. Mr. Fudala indicated that the owner did not wish to build the Whole T-shape driveway because of concerns the area would turn into a. dumping ground While Waiting for hones to be built. They have inquired about how much construction Would be needed for the permit not to expire. Mr. Fudala suggested that obtaining the curb cut permit and paving the apron, Would fulfill the requirement and build the driveway when it was time to construct the hones. Mr. Rowley agreed. The paved apron would be complete and there Would be no erosion, L• 7. MOTION: Mr. Balzarini made a motion that in order to activate this Special Permit, it would require that the project proponent obtain a permit for the curt cut from Mass Highway and build the apron as specified on the "plans approved by the Planning Board, Mr. Kooharian seconded the motion. All voted unanimously, Re-vegetation plan for'mind rhim a Point Red Cedar Road circle-Mr. Fudala reported that another drawing Was submitted With more trees added to the plan. Mr. Cummings noted that the fill had been Washed away in the rain.. MOTION,: Mr. Weeden made a motion to approve as proposed. Mr. Balzarini seconded the motion. All voted unanimously,, Nor. Fudala Will notify Windchime of the Board's decision and encourage therm to install the trees as soon as possible. BOARD ITEM New Business Charles Rowley Billings for January 2017-An invoice Was received in the amount of$337.50. MOTION: Mr. Balzarini made a motion to approve Mr. Rowley's payment. Mr. Kooharian seconded the motion. All voted unanimously. Vouchers Were signed by Planning Board members. Old Business Conservation Agent Andrew McManus Re: 50 Foot Zoning Setback from Water and Wetlands-Mr. Fudala pointed out that the Board Was provided with four examples o f ZBA hearings from the Building Department regarding the setback. Mr. McManus stated that minutes from March 23, September 14 September 28 and October 26, 2016 Were provided as the most recent examples* Mr. McManus requested clarification about the Zoning Board's role as it related to the 50 foot setback. Chairman Waygan stated that the variance Was governed by Massachusetts General Lave. Mr. Fudala confirmed that it was State law and the Chair read Section 10. Mr. McManus inquired about grandfathered buildings if raised and rebuilt and Whether they Were nonconforming and Mr. Fudala responded that a finding Was needed that the proposed change Would be no more detrimental to the existing neighborhood. 1n reviewing the examples in the minutes, fir. McManus found that there was little deliberati6n. Mr. Rowley stated that if a variance Was granted, a finding should be shown in the Decisions. Mr. Rowley explained the four criteria needed to obtain a variance in Section to of 6