Town of Ware Massachusetts
126 Main Street, Ware, MA 01082
11-19-2008
PLANNING BOARD
MINUTES
NOVEMBER 19, 2008

PRESENT:        Chris DiMarzio, Rick Starodoj, Joe Knapp, Fred Urban, Tim Cutler, Jack Artale

PUBLIC: Melissa Fales, Elizabeth Cyran, Bruce Burns, Steven Snow, Ann Martin, Howard Koski, Richard             Bliss, Judith Trudeau, John Trudeau, Edward Provencal, Bill Jackson, Maria Flanagan, Phillip                    Syriac, Jason Blodgett, Peter Harper, Paul Harper, Suzanne Harper, Martha Klossonas

7:00    OPEN MEETING

        MINUTES OF 11-03-2008
        MINUTES OF 11-05-2008

7:15    SPECIAL PERMIT HEARING   SP-2008-009   CYRAN, Elizabeth
        Infill Development at corner of South Street and Gilbert Court
The Applicant seeks to obtain a Special Permit under the Infill Development Overlay District Bylaw for a two-family home (duplex: side-by-side) on a lot containing 5,033 SF and 96.30 feet of frontage on Gilbert Court and 43.6 feet of frontage on South Street with access to Town Water and Sewer.  Proposed dwelling will be consistent in architectural style, scale, setbacks, and frontage with abutting structures and those in the immediate neighborhood.  Permit is requested under Sections 2.5 and 2.6 and 6.2 of the Town of Ware Zoning Bylaws.

CD              Read the Legal Notice into the record and opened the hearing at 7:15 pm.
Applicant       Explained the project to the board: side by side duplex with garage underneath, facing Gilbert          Court; 3 BR, 2 BTH each.

        QUESTIONS AND CONCERNS BY CITIZENS AND ABUTTERS

        Steve Snow:  what is the measurement of original foundation ?
        PB: Not sure but this new project is under the Infill Development By-Law

Syriac - 37 South Street:       When the original structure caught on fire, it was too close to my property and my house caught on fire.  I believe any new structure would put my house in danger if there was a fire.
PB: That is a valid concern but the rest of the houses in the neighborhood are just as close.
Applicant:  The roof of your property actually hangs over my property line.

Ann Martin - 23-24 Gilbert Court:  Applicant has been absent for many years, not clearing snow, mowing or maintaining property.  There is trash on site and ½ the garage is on our property.  I have a problem backing out of my driveway with the high shrubs on property.

Ed Provencal: This seems to be a movement forward.  A house on lot will be more aesthetically pleasing than a vacant lot.  Seems as though the biggest concern for neighbors is parking and Applicant seems to meet the 1.5 parking space per unit requirement.

Snow - 37 Gilbert:  The garage that we share is a hazard.

DiMarzio: that is out of our jurisdiction, applicant has to supply off street parking but it is not a requirement for the parking to be inside or a covered space.

        QUESTIONS AND CONCERNS FROM PLANNING BOARD
        DiMarzio: Parking ?
        Applicant:  Garage under for both apartments and two extra spots in yard.
        DiMarzio:  Will probably make a condition of approval that there will be no
        on-street parking allowed by residents.

        DiMarzio: The deck on the right side of house seem to stop the flow of traffic to the right of way for  the Pellesiers. The decks do not seem to be consistent with the neighborhood.  Is it possible to                replace decks with a porch and roof so that it matches the neighborhood.

Applicant:  decks can be replaced with small porch/stoop and roof.

FRED URBAN              MOTION TO APPROVE SP-2008-009 WITH THE FOLLOWING CONDITIONS:

1.      The proposed deck on the left side of the house (facing South Street) is to be eliminated and           replaced with a small porch/stoop with a roof, to be consistent with the character of the                       neighborhood.

2.      The proposed deck on the right side of the house (facing Memorial Field) is to be eliminated and                replaced with a small porch/stoop with a roof, to be consistent with the character of the                       neighborhood.

3.      All steps to and from the house are not to interfere with the parking area or with the right of way             access for abutting properties.

4.      All proposed lighting shall be shielded and down lit and illumination shall not emit beyond property    bounds.

5.      The color of the proposed house is to be a neutral earth tone; to be consistent with neighborhood.

6.      All parking to be contained to property.  No on-street parking allowed by residents of property.

TIM CUTLER              SECOND

                        ROLE CALL VOTE
                        Fred Urban              YES
                        Joe Knapp               YES
                        Chris DiMarzio          YES
                        Jack Artale             YES
                        Tim Cutler              YES
                        
                        RICK STARODOJ   ABSTAINED

                        MOTION CARRIES

                        SP-2008-009 IS APPROVED WITH CONDITIONS ABOVE
                        PUBLIC HEARING CLOSED AT 7:55 PM

7:30    EARTH REMOVAL - SMITH - SP-2008-004
        The Applicant seeks to obtain a Special Permit with Site Plan Approval for Gravel Removal.
        The Special Permit is sought under the provisions of the Ware Zoning By-Laws, Section 2.5 and 2.6.

        REVISED PROJECT PLANS AND REPORT DATED: NOVEMBER 17, 2008
        37.053 ACRES located on the easterly side of Greenwich Road, between Sorel and Lee Road in RR2
        9.5 ACRES TO BE REMOVED  (1st  Plan was 17.05 Acres)

        TWO PHASES   (1st Plan was 3 Phases)
        Each Phase to be approximately 2 years each

        Revised Earth removal area includes excavation of the esker or "hump" running along the westerly
        side of the property and the excavation and fill areas associated with development of the 10 proposed house lots.

        A Turtle Restoration Area has been proposed on the southeasterly side of the property.

Two Phases to project  - each one taking 2 years
Phase I 4.36   Acres    northerly end of the property   50,500  cy to be removed        9,600 cy used for fill
Phase II        5.26  Acres     southerly end of the property   55,200  cy to be removed        18,100 cy used for fill

TRUCK TRAFFIC PROPOSED
20 cubic yards per truck
200 cubic yards per day
20 vehicle trips per day
250 work days per year

TRUCK ROUTE
As discussed with Ware Police
Would like to see up Pleasant past Snows, turn on North to Main; or  go straight across Pleasant to East Main by Fire Station.

VEHICLE ACCESS, PARKING, FUELING AND SERVICING OF VEHICLES
Area will be covered with a hard packed material to help prevent contamination of the soil and groundwater and will be equipped with a spill kit in the event any fuels are spilled in this area.  Vehicle Access and Fueling area at northerly  end of site, in vicinity of former house site.  Truck entering signs, as shown on plan, will be installed and maintained throughout the life of the project.

Applicant willing to undertake cost of Peer Review on Final Version of Revised Plans.

No excavation proposed below grade of road bounding property at any point nearer than 150 feet, except for proposed house lots 1-5.
No work falls within the 100 year Flood Plain
All open areas will be covered with a minimum of 4 inches of loam and seeded.
No slope steeper than 2 to 1 is proposed on the site
Slopes in excess of 4 to 1 shall be mulched

HOURS OF OPERATION: Monday through Friday 8:00 am - 5:00 pm     NO HOLIDAYS
? 14.4 Acres to the east of proposed lots has been proposed to be conveyed to or controlled by the Town of Ware or suitable land trust

7:56 pm RE-OPENED HEARING FOR SMITH EARTH REMOVAL  SP-2009-005
                PRESENT FOR APPLICANT:  Don Frydryk and Fred Smith

Frydryk:        Explained the revised plans which include removing the "hump" in two phases, that
                will each take approximately 2 years to complete.
                Two Access Roads
                Use some of the gravel for fill in the front, near the road.
                Future may be 10 house lots: 8 with frontage and 2 Estate lots.
                House lots would have private septic and public water.

Abutters        Asked about the house lots ?

DiMarzio        These lots could be divided anytime thru an ANR plan, and the knoll could be removed if it      were incidental                 to building.  This plan is about 80% less removal than the first submitted plan.

Starodoj        The site will be loamed and seeded and will be much more attractive than it is right now.
                The field will not be graded.  The BOH requires 5' separation for Title V.  The Applicant has scaled back the           project by 370,000 cy of gravel removal.  Keep in mind that the house lots are only a conceptual view of                this property use; it is not part of this permit.  Rather than releasing building lots one at a time and owner                  removing gravel that was incidental to building, this will be a controlled and permitted gravel pit.

Frydryk We will not dig into the earth so we will not be any closer to the groundwater.
                The end result will be a loamed and seeded area.

DiMarzio        I would like to see some long term protection for Muddy Brook; an open space deed or
                something to protect the back area so it can not be build on.

DiMarzio        I would like to get an idea from the PB, if they want to move forward with this?
                And ask Gibby to have a peer review done of the plans.

Starodoj        YES
Urban           YES
Knapp           YES
DiMarzio        YES
Cutler          YES
Artale          YES

DiMarzio        The peer review should look at the projected traffic expected and tell the PB if a traffic study is warranted           from the applicant.  Special attention to the location of the two access roads and the fueling area and the             impact of a gravel removal operation in the aquiver.

DiMarzio        Would like to continue to the second meeting in January of 2009.
                Hearing continued to January 21, 2009 at 7:30 pm
                Peer Review to be completed by January 30, 2009.

Knapp           MOTION TO APPROVE THE MINUTES OF 11-03-08
Starodoj        SECOND
                ALL IN FAVOR

Knapp           MOTION TO APPROVE THE MINUTES OF 11-05-08
Starodoj        SECOND
                ALL IN FAVOR

                ELECTRONIC SIGNS AT CVS AND WALGREENS
Starodoj        Signs seem to have a faster change rate than allowed.
                Walgreens is every 3 minutes and CVS is every 5 minutes.
                -Maggie will have Mike Agnew enforce this with both stores.


                BUDGET FY10

                Board reviewed the proposed budget for FY10.

                Board in favor of decreasing their salary if all other boards in Town plan to.

                Check with Town Manager to see if Alternate can be paid.
                Maggie checked with TM, Alternate can not be paid.
                Budget submitted is below:


WARE PLANNING BOARD BUDGET WITH 35% REDUCTION FOR FY10
175-5100                        175-5200                                175-5400                        175-5700
SALARIES                        PURCHASE OF SERVICES            SUPPLIES                         OTHER   
6250.00 APPROPRIATED            4,000.00 APPROPRIATED           1,000.00 APPROPRIATED   200.00  APPROPRIATED
2910.00                         1000.00                                 97.50                           000000  
3340.00 BALANCE         3000.00 BALANCE                 902.50BALANCE                   200.00  BALANCE

TOTAL BUDGET    11,450.00
35% REDUCTION     4,007.50
NEW BUDGET                7,442.50

REDUCTIONS TO BUDGET FY10
SALARIES                2,910.00
PURCHASE                1,000.00
SUPPLIES                    97.50
TOTAL           4,007.50

SALARIES  
CHAIR                      908.00
MEMBER             608.00
MEMBER             608.00
MEMBER             608.00
MEMBER             608.00
                             3,340.00

NOTE:  The Ware Planning Board is cutting their Salary Budget in good faith that other Boards and Departments will be doing the same.  The Purchase of Service amount is cut as much as possible without making a major impact.  Thank you.


KANZAKI
When they built new addition, it appears as though they submitted different plans for the building than the ones that were approved by the Planning Board.  We need to check on this.

Starodoj        MOTION TO ADJOURN AT 9:50 PM
Urban           SECOND
                ALL IN FAVOR