Public Hearings and Regular Meeting
Wednesday, October 13, 2004
7:00 p.m.
Members Present: Chairman Jack Christian(JC), Vice Chairman Larry Cuddire(LC) Ron Christ(RC), Don Egan(DE), Harold Congdon (HC), and alternate Robert Straubel(RS).
Also Present: Town Planner Lisa Pearson(LP), Assistant Planner Katrina O’Leary(KO)
Chairman Christian opens the meeting at 7:03.
1. New Business
a. Subdivision Approval Not Required Plan –
Johnson –
Jim Babbin, Millenium Engineering explains the plan and the proposed
division of lots.
Motion by HC to endorse the plan as one not requiring approval under
the Subdivision Control Law. LC seconds
the motion. Vote is unanimously
affirmative.
b. Accessory Apartment Recommendation – Silva –
Applicant does not show.
Motion by LC to continue discussion of Silva until October 20, a
special meeting of the Board, starting at 7:00 pm.
c.
Eric Botterman, Millenium Engineering, will respond to comments made on
his plan for
Other Business
a. Approval of minutes of 9/22/04
Some members have not received the minutes of
9/22/04 to review. The board holds off
on approval of minutes until their next meeting.
d. Planning Board Signatures
The board signs the Phoenix Site Plan Approval(it will not be released until conditions have been met).
Chairman Christian opens the Public Hearings at 7:30 p.m.
2. 7:30 PM Public
Hearings
a. Public Hearing – Warrant Article: Beach
Commercial Overlay
District, Definitions Section, Zoning Map
Jerry Klima, zoning review committee, introduces Larry Koff and Larry Bluestone as the chief consultants working with the town on various rezoning issues. Klima goes on to explain the main goals of this particular zoning initiative:
* attract new investment to the center
* mixed use proposed for revival
* preserving existing business is key to revival
* creation of affordable housing either on site, in area, or offsite. This is a way to close the door on 40B developments.
* vision plan: money received from “incentives” will go towards infrastructure improvements and possible boardwalks, piers, etc.
Klima explains that since the Business Community voted against the zoning initiative, they have made concessions:
* reduction in amount given to affordable housing in return for incentives
* special zone for beachfront buildings
Klima reiterates that the overlay district floats over existing zoning. If a developer chooses not to use it, he/she can always use the existing zoning. It is the intent of the overlay district to create such enticing incentives that property owners will choose to use the overlay district; therefore stimulating commercial development.
Lou Marciello, zoning review committee, speaks for the proposal. He feels it has many great benefits: helping the tax base, new jobs, quality of life, and it is a way to guide future growth. He supports the proposal.
HC questions a chart that Klima handed out. Klima explains it.
Iora Alexander, zoning review committee and a member of the
Conservation Commission, feels that the town needs some kind of plan in place
for the beach area. She realizes that
they can’t force the zoning, but feels that even without it development will
happen, so it’s better to have a plan to guide that development. She has seen the proposal changed many times
as different people in town have given input.
She feels that it is collaboration of many different landowners in
Larry Bluestone, consultant , gives a presentation. He states; “ …we’re trying to create zoning that captures the market. The zoning will create incentives for new infrastructure – pier, boardwalk, parking, observation towers. Overlay zones will lay over existing zoning, the owner only uses them if he/she feels the incentives are worth it…” He then goes on to describe the different overlay zones; commercial, residential, and on the beach.
Larry Koff, consultant, describes the Site Plan Review proposal. He mentions that the Planning Board had three issues that they wanted to see changed: submission requirements, minimum requirements, and a difference between major and minor site plan review. Presently the process frustrates property owners, there are delays, and interdepartmental coordination is needed. In response, the proposed site plan review by-law would differentiate between major and minor projects, waivers can be granted as the Planning Board desires, there will be a process for obtaining consultants, the minimum requirements have been changed to include things such as; storm water drainage, access drives, water quality, environmental impacts, major and minor projects, joint scooping, an expedited schedule, and many more specific design standards.
Public Comments and Questions
Norman Coquette, 68 and 70 No. End Blvd – he does not agree with the new zoning, allowing only 2 cars will shut down what he can do.
Tim Mulcahy: he owns much property in all Beach zones; he did not get 100% of what he wanted, but the proposal is filled with compromises. He supports the proposal in its entirety.
Marc Wascewitz: wonders if this zoning goes against the sewer grant. L. Pearson, planning director, explains that the overlay district would cause a less densely populated area. Wascewitz asks if we have enough water for all these people. Pearson answers, “again, the density will decrease”. He asks about the lo-income housing. Pearson explains that deed restrictions will maintain the affordability of the units in perpetuity. Wascewitz fees the proposal is way too confusing.
Whitey Wascewitz: he would like to see the commercial area in the residential overlay district.
Al Petersen: He supports the plan, he feels that the area has been looking to be revitalized for a long time.
Amin Nabhan: He owns land in the area, and although he disagrees with some parts of the plan, he feels it is filled with compromises, and he supports the zoning proposal.
Planning Board comments and questions:
HC: mentions that everyone knows how he feels – and he’s not going to change his opinion.
RC: feels that some of the ideas are good, some are bad, but he will have a hard time endorsing it.
DE: he believes that
this zoning proposal is an outstanding opportunity for the town of
RS: believes that current zoning does not restrict development, he feels that this proposal is a good change and is in favor.
LC: he feels that the plan is a tremendous opportunity for beach and the town. The commercial owners were deeply involved, and the proposal is based solidly on good engineering and good zoning. He is solidly behind it.
JC: feels it is a
good plan, although there are parts of it he doesn’t agree with. He feels that the consultants need to get the
point across that this is just the beginning of the rezoning of the whole town
of
Klima clarifies to the public that they intend to prioritize other areas in need of rezoning and work piecemeal in creating zoning proposals for these areas also.
Motion by DE to
recommend adoption of the zoning proposal for the Beach Commercial Overlay
District, and the associated Inclusionary Housing by-law proposal and
definitions section changes proposal. LC
seconds the motion. RC questions
underground utilities, Klima answers that it’s part of the vision plan.
Vote on the motion: JC, LC, DE in favor. RC, and HC are opposed. Motion passes 3-2.
b. Public Hearing – Warrant Article: Site Plan Review
L.Pearson hands out a sheet containing key components of Site Plan Review. She mentions that the process will be streamlined. The proposed site plan review proposal is lengthy, but it includes many important tools that will hopefully help the developers in the long run, and make the Planning Board’s job easier. She mentions that the Boards Rules and Regulations will be expanded to include design standards. The board has received some input from various engineers. Pearson reads a letter from Brian Knowles, who lists varied questions and sections that he doesn’t understand. Pearson attempts to answer all his questions. The board agrees that one item he mentioned should be included: a stamp from a certified professional land surveyor.
LC mentions that he has read the design standards, and feels the section on signs should be amended to include the type of “beachy” signs that the beach district is allowing.
Planning Board comments:
HC: states that
RC: feels that no one is going to be able to afford this. He has a problem with occupancy permits granted before landscaping. Pearson explains that the board will be able to require a bond in place if that happens.
DE: he feels that this proposal is being “more friendly” towards businesses. However, he feels that enforcement procedures in town need to be discussed and dealt with in the future.
LC: feels that this proposal should shorten the site plan review process. He feels that it is a step forward.
Motion by LC to recommend approval of the Site Plan Review by-law proposal. DE seconds the motion.
Discussion on the motion: RC asks Pearson and O’Leary if it has been monkeyed with enough. They feel it has. DE feels it is a significant enhancement to what we have today. RS feels it will be easier to review projects. LC feels it gives the board a good standard. He feels it is in a great format and thanks the consultants and Pearson and O’Leary. JC feels it is a good by-law improvement, but that the Board should get ready to start administering it – it may be tough the 1st time out.
Vote on the motion: JC, LC, DE, and RC in favor. HC abstains.
Motion
carries 4-0.
Motion by LC to take
the Public Hearings out of order. DE
seconds the motion. Vote is unanimously
affirmative.
e. Public Hearing - Site Plan Review – Harden –
Common Grounds Landscaping –
Greg Harden, owner of Common Grounds Landscaping, and the owner of the property, Neil Weil, are present. HC asks Harden why he hasn’t moved the pile of stuff yet. Harden answers that it was all moved just yesterday. JC tells Harden that the plans have to be drawn by an engineer. He tells them that they can discuss what they need from them by next meeting. RC asks if he’s going to screen his neighbor. Harden says that he will erect a stockade fence, nice side to the neighbor.
R. Murphy,
Hardin states that his hours are M-F, and sometimes Saturday. If snow is forecast, his men take the plows to their own homes.
HC tells Harden that he needs an engineering plan showing a fence, and hours of operation.
DE feels that the SPR application has not been submitted in its entirety.
Motion by RC to continue the public hearing to October 27. LC seconds the motion. Vote is unanimously affirmative.
f. Public Hearing – Definitive Subdivision –
Brian Knowles, Apple Associates, explains that his client is proposing a 425-foot road with 3 house lots, 22 foot wide pavement, grass swale on both sides. He is looking for waivers for curbing, grass swales. Knowles responds to the Board of Health letter. He mentions that they will file for state curb cuts. The Wetland line is approved. The name of the way will be, “Gino’s Way”. Pearson directs Knowles to fill out a street name acceptance form.
Abutters to the development, Whitey and Marc Wascewitz, and Mr. Felch, debate the validity of the lot lines shown on the plan. They are going to land court. A heated discussion ensues.
Motion by LC to
continue the Public Hearing to 11/10/04.
DE seconds the motion. RC wants to approve the subdivision tonight. LC, DE, HC are in favor. RC opposed.
Motion passes.
The board allows an abutter, Denise Ryan,
c. Public Hearing – Street Acceptance –
d. Public Hearing – Street Acceptance -
Motion by LC to
continue both public Hearings for
3. Adjournment
Motion by LC to
adjourn. RS seconds the motion. Vote is unanimously affirmative.
Meeting is adjourned at 10:00 p.m.
Approved by______________________________Date:__________________