Zoning Board of Appeals Minutes February 25, 2016

Transcription

1 Chairman Darrin DeGrazia, Dr. Edward Braun, Dorothy Pulsifer, Norman Diegoli, Joseph Freitas, and Eric Priestly were present. 7:30 P.M. Minutes Upon a motion made by Dorothy Pulsifer and seconded by Norman Diegoli, the board VOTED: to approve the minutes of February 11, Unanimous Vote. 7:30 P.M. Ronald Medeiros, EarthCleanSyn II & III - Sylvan Street Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Attorney Robert Mather informed the board that he was asked to address the issue regarding Sylvan Street, to determine whether or not the street poses any problems with the issuance of a special permit. He met with Attorney Murray regarding this issue because he had a substantial amount of research that he had done previously on this subject. Attorney Mather read into the record a letter dated, from Attorney Daniel Murray indicating that it is highly unlikely that anyone has an easement in or other right to use that part of Sylvan Street which is on the special permit property. Attorney Mather submitted plans dated 1890 and May 18, 2005 to the board and reviewed, in detail, Sylvan Street. They do have a title insurance policy for this property to ensure no one has any rights over the property. He hopes they have addressed this issue for the board. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Attorney Mather informed the board that he has prepared a proposed motion and he used the previous approval for River Street as an example. Discussion ensued regarding the decommissioning plan. The board wanted to make sure it addressed inflation. Keith Akers informed the board that it does. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Eric Priestly and seconded by Norman Diegoli, the board VOTED: to approve the petition of EarthCleanSyn II & III, LLC to construct a large-scale ground mounted solar voltaic installation on property off Sylvan Street, Assessor s Map 58H, Lot Said parcel is located in Residence B Zoning District, with the following conditions: 1. This Special Permit is being granted pursuant to Section 8.4 of the Middleborough Zoning Bylaws which requires a Special Permit issued by the Zoning Board of Appeals for a large-scale ground mounted solar photovoltaic installation. 2. No construction shall begin until such time as the applicant has obtained a proper building permit. Minor revisions may be submitted to the Building Commissioner for approval, and if deemed insignificant or minor in nature or effect, may be approved by the Building Commissioner. 1

2 3. No construction shall begin until such time as the applicant has obtained an Order of Conditions from the Middleborough Conservation Commission. 4. Any changes deemed major or significant to the Building Commissioner shall be submitted by the Zoning Board of Appeals in the form of a new special permit. 5. This Special Permit is subject to compliance with the following plans: a. Syncarpha Solar Park Solar Energy System in Middleborough, Massachusetts, Applicant: EarthCleanSyn II & III, LLC, c/o Northeast Clean Energy Corp., 306 Winthrop Street, Suite 119, Taunton, MA 02780; Owner: Lauderdale Realty, LLC, c/o Emily Devito, 13 Carriage Road, Litchfield, NH 03052, Prepared by SITEC Civil and Environmental Engineering Land Use Planning which plans are dated November 13, 2015 and revised through February 19, 2016, consisting of eight (8) sheets. b. Syncarpha Solar Park, Sylvan Street, Middleborough, Massachusetts, Client: EarthCleanSyn II & III, LLC, c/o Northeast Clean Energy Corp., 306 Winthrop Street, Suite 119, Taunton, MA 02780, Drawing Title: Abutting Buildings Plan, Prepared by SITEC Civil and Environmental Engineering Land Use Planning which plans are dated February 9, 2016 and revised through February 19, 2016, consisting of one (1) sheet. c. Syncarpha Solar Park, Sylvan Street, Middleborough, Massachusetts, Client: EarthCleanSyn II & III, LLC, c/o Northeast Clean Energy Corp., 306 Winthrop Street, Suite 119, Taunton, MA 02780, Drawing Title: Landscape Planting Plan, Prepared by a.j. Tomasi Nurseries, Inc. which plans are dated February 9, 2016 and revised through February 19, 2016, consisting of one (1) sheet. 6. The drainage for the site will be as set forth in the above referenced plans shown as Existing Drainage Areas and Proposed Drainage Areas, consisting of two (2) sheets. 7. Landscaping will be as shown in the above referenced plans shown as Landscaping Planting Plan, consisting of one (1) sheet, which plans include the addition of 5 6 Iowa Chinese Juniper trees, 6 on center. 8. The operations and maintenance plan as submitted to the Board and consisting of five (5) pages entitled Solar Facility O & M Plan relative to the ongoing operations and maintenance of the solar project will be maintained as scheduled. Any deficiencies will be addressed swiftly. Failure to do so will result in zoning enforcement review and action. 9. No component of the solar project shall exceed 7 from grade in height. 10. There shall be an 8 foot chain-link fence with 6 inch ground clearance to allow small animal migration installed surrounding the perimeter of the solar arrays. 11. The applicant shall provide a copy of the operation and maintenance plan, electrical schematic, and site plan to the Middleborough Fire Chief and Police Chief. The applicant shall co-operate local emergency services in developing an emergency response plan. All means of 2

3 shutting down the solar energy facility shall be clearly marked. The premises shall identify a qualified contact person to provide assistance during an emergency. Twenty-four hour access to the site shall be provided to the Fire and Police Department by means approved by the Chief of Police and Fire Chief. The Middleborough Fire Department will require that all applicable Massachusetts fire codes, standards, and regulations be adhered to. In addition to this, a lock box to hold any keys needed to gain entry into the secured area will be required. The order form for this lock box can be obtained at the Middleborough Fire Department. Each separate project will require this lock box. 12. The applicant shall notify the Zoning Board of Appeals by certified mail of the proposed date of discontinued operations and plans for removal. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. 13. The granting of this permit requires that EarthCleanSyn II & III, LLC post a bond in year 24 from when the project goes on line for decommissioning of the project if the property owners or EarthCleanSyn II & III, LLC do not continue the operations of the projects in year 25 or before we could continue operating of the projects under this permit. The bond to be posted will be $50, The applicant will follow the decommissioning plan entitled Decommissioning Plan and Estimated Costs as submitted to the Board and consisting of three (3) pages. 15. If there is any change in the ownership or of the name of the owner, written notice of any such change will be provided to the Zoning Board of Appeals and to the Middleborough Building Commissioner. Upon a motion made by Norman Diegoli and seconded by Dorothy Pulsifer, the board VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use. 2. Water and sewerage facilities are not an issue. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use. 7:57 P.M. Leilani Dalpe 364 Marion Road Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Leilani Dalpe informed the board that last year they opened a one room bed and breakfast which was allowed under zoning. To their surprise, very pleasantly, it was successful. She is before the board 3

4 tonight requesting to have a two room, bed and breakfast, and the only change to be done would be to add a bathroom. Norman Diegoli asked if she will have a sign. Leilani Dalpe said yes, 18 x 2. have parking for five vehicles and will have adequate lighting. Leilani Dalpe said they Eric Priestly read into the record the following letters: letter dated February 19, 2016, from Robert Whalen, Building Commissioner; and a letter dated February 10, 2016, from Catherine Hassett, Health Department and a letter dated February 11, 2016, from Chris Peck, Director of Public Works. Chairman Darrin DeGrazia read into the record the following letters: letter dated February 16, 2016, from Patricia Cassady, Conservation Agent; and a letter dated February 10, 2016, from Joseph Silva, Water Superintendent. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Hearing no comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Eric Priestly and seconded by Dorothy Pulsifer, the board VOTED: to approve the petition of Leilani Dalpe, 364 Marion Road, Middleborough, MA relative to her request to allow for a bed and breakfast with a maximum occupancy of six (6). The subject property is located at 364 Marion Road, Middleborough Assessor s Map 106, lot 154. This is approved subject to the following stipulation: 1. As per the plan submitted and dated. Upon a motion made by Norman Diegoli and seconded by Dorothy Pulsifer, the board VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use. 2. Private water and sewerage facilities are available which will adequately service the site. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use. 8:10 P.M. Marcus Baptiste Eastwood Estates- roadway completion Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Attorney Robert Mather informed the board that he represents Greystone Realty and present with him tonight are the principals Marcus Baptiste and Brian Cave and Richard Rheume from Prime Engineering. The purpose of tonight s meeting is to determine whether the construction of the subdivision known as Eastwood Estates is complete. The board has received a letter from their consultant Patrick Brennan of Amory Engineers indicating that construction has been completed in accordance to the plans, and has 4

5 suggested a $25,000 bond for the loam, trees, and wetland area. The board has also received a letter from Chris Peck the Director of Public Works indicating the roadway is complete. Attorney Robert Mather said he has prepared a Certificate of Completion, which lists all of the plans and record documents. He has discussed this with the zoning clerk today and it would be wise for them to get together next week to make sure the board has copies of everything and that the dates are correct. This document serves as a two purpose document. It is a Certificate of Completion and they need that to go to the next step, which is acceptance by the town. It is also a release of the municipal interest in the security. Again, $25, will be set up in an account as per the letter from Amory Engineers. Chairman Darrin DeGrazia read into the record the following letters: letter dated February 19, 2016, from Patrick Brennan, Amory Engineers; letter dated February 12, 2016 from Captain Tim Reed, Fire Department; letter dated January 27, 2016, from Robert Buker, Health Officer; and a letter dated February 19, 2016, from Chris Peck, Director of Public Works. Attorney Mather said they have the original Mylar set of plans, and the roadway plans, which they will need the board to sign. They will then submit those to the Board of Selectmen with a request for the Board of Selectmen to hold a layout hearing. Once the hearing is done, and assuming the Board of Selectmen vote to layout the roadway, they will then go to Town Meeting in the springtime. Attorney Mather said he has prepared a motion for the board to review on this matter. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Kris McGourthy, Captain Hall Road, said she is one of the three trustees for the association of the neighborhood. She informed the board that they are present tonight to support Marcus and Brian and have no outstanding issues with them. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Joseph Freitas and seconded by Dorothy Pulsifer, the board VOTED: to approve and determine that the construction of ways at Eastwood Estates Subdivision known as Captain Hall Road, Augustus Way, Hayden Way, and Leland Way and installation of municipal services in the subdivision referred to above have been fully and satisfactorily completed by the applicant in accordance with the Board s Subdivision Rules and Regulations, approved Definitive Subdivision Plan, as modified, and any Conditions of approval, to serve the following enumerated lots: 1 through 28, inclusive, and pursuant to MGL, Section 81-U of Chapter 41 and in consideration of completion of said construction and installation, the Town of Middleborough, a Massachusetts municipal Corporation, acting through its Zoning Board, hereby releases interest in the security referred to in the Certificate of Completion and finds it complete, subject to the following conditions: 1. Review and approval of the Certificate of Completion and Release of Municipal Interest in Subdivision Performance Security and the determination that the Board has copies of all of the documents referred therein. 2. The posting of a cash bond in the amount of $25, by Greystone Realty, Inc. to ensure grass, trees and the wetland replication area survive another growing season. The 5

6 breakdown of costs is as set forth in the letter dated February 19, 2016 from Amory Engineers, P.C. 3. The receipt of a recorded copy of a Certificate of Compliance by the Town of Middleborough Conservation Commission of its Order of Conditions. Chairman Darrin DeGrazia, Dr. Edward Braun, Joseph Freitas, Eric Priestly and Dorothy Pulsifer were in favor. (5-0) Eric Priestly said he joined the board 13 years ago because of the assault that was taking place on the town by 40B s. He wanted to say to Marcus and Brian that they were the first two men who came before the board, which really helped develop what they call a friendly 40B. He can t tell them how much he has appreciated the quality of their work, their business acumen, how they are stand up individuals, it s just who they are, and they have helped to model many 40B s that come before this board. The abutters come as a testimony of who they are, and the business they do. He knows they have no plans to build in Middleborough anymore, but he waits for the day that they do. He can safely say he is also speaking for not just for himself but also the board. Upon a motion made by Norman Diegoli and seconded by Dorothy Pulsifer, the board VOTED: to adjourn at 8:55 P.M. Unanimous Vote. 6