Office of Kingston Planning Board Kingston Town House 26 Evergreen St. Kingston, Massachusetts 02364

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1 Office of Kingston Planning Board Kingston Town House 26 Evergreen St. Kingston, Massachusetts Kingston Planning Board Meeting Minutes July 13, 2015 Approved September 14, :00 pm Participants: Tom Bouchard, Chairman Susan Boyer, Clerk Michael Ruprecht David Gavigan Thomas Bott, Town Planner Not present: Bob Gosselin, Vice-Chairman Action Items: 7:00 pm Approval of the previous minutes for with specific conditions: Tree Farm Landing: Tom Rego and Bob Rego should be clearly identified. Tom Rego is the Father and the developer s representative. Bob Rego, his son, is the engineer working on the development. Board Member Michael Ruprecht, not Bob Gosselin, mentioned that he believes the road should be taken care of before occupancy is granted. Specifically, the sight distance must be corrected for Parting Ways Road before occupancy is permitted. Brian Hart, appointed as Chairman of the Open Space Committee, lives on Walter Faunce Road, not Walter Fonts Road. Corrections will be made to the minutes of Motion: Michael Ruprecht to approve the minutes for with the above corrections. Second by Susan Boyer. 7:04 pm

2 Shamrock Estates will not be addressed on the agenda tonight. See more information recorded further here at 7:16 pm. 7:05 pm Wind turbine surety KWI Surety is 250k Attorneys are now communicating in legal language. At 5:30 today, Tom Bott received an which added one line of text to the decommissioning surety clause on page 3. Discussion of 17k per year for 15 years, the first payment will be made December 31, Mike Ruprecht questioned whether the escrow receives interest. No clear answer was given. Tom Bott will research. Motion: Susan to accept the decommissioning agreement including the latest statement with the attorney s approval. Second by Michael Ruprecht 7:16 pm Shamrock Estates Tom Bott, Kingston Town Planner, received an from developer Mr. O Leary stating that he is not prepared for the meeting tonight. Shamrock Estates will be added to the agenda for the Planning Board Meeting. also mentioned that Mr. Sheridan offered to purchase his own encroachment but no further communication and details have transpired relating to this offer. Motion: Susan to move Shamrock Estates to the agenda for the meeting on at 7:15 pm. Second: Dave Gavigan 7:18 pm Conceptual Plan Saxon Partners (Darman) Don Smith, the Developer on the project, introduced himself. Please refer to his handout dated June 13,

3 The project is in the introductory stages and this is the first time the Planning Board has been approached. The subject property involves 2 parcels adjacent to Route 44 behind Colony Place, approximately (48 x 52) 100 acres. Zoning change to mixed use would be necessary. Primary access would be an extension of the Colony Place roadway into Kingston but would require an easement across a parcel owned by the Town of Kingston. Development could provide 1 to 2 million dollars per year in tax revenue to the Town of Kingston as well as 600 to 1000 jobs. Potential water and sewerage uses could measure 70k to 90k gallons per day. Mr. Smith mentions adding another lane to Commerce Way and the Bridge. Next steps; work with Kingston on access and zoning. Susan Boyer, Clerk, asked if there is sufficient sewer capacity. She believes there is not. She also commented that the mixed use intensions (primarily providing 1 to 2 bedroom apartment units) for the property are appealing. Mr. Smith suggested that the apartments would be most likely work force housing, mostly attracting workers, not families, from Colony Place, with an estimated 15 kids only. He gave an estimate number of 250 units with 10% being affordable. Mentioning the William Gould Way Development, Michael Ruprecht believes this project (Saxon) discussion should involve the Selectmen for the town. He believes this discussion should be ongoing with the Selectmen. The discussion with the other Board Members also led to concerns about water, sewer, police and fire. Mr. Smith mentioned installation of a double barreled road of 1000 feet. It was also mentioned that the property is now trees, with 52 acres as being made up of the Phillips Forestry piece (chapter 61). Michael Ruprecht once again expressed his desire to involve the Selectmen in a meeting regarding this action item. Tom Bouchard, Chairman, expressed his concerns with this project, noting that it is a long access through a commercial development and a dead end. Michael Ruprecht mentioned a 650 cul de sac which was waived previously. He mentioned the conservation issues at the back of the property so access that way would not be possible. And a big concern is the fire station. Michael Ruprecht suggested that the fire station, which needs to possibly be rebuilt (public benefit) because it was built around the time of the mall in the woods, could be relocated closer. Tom Bouchard asked the question; do we want to develop every piece of property? Mr. Smith said that they currently have an agreement with the Sisters of Divine Providence, land owners. Mr. Smith referred to the project again as being in the early stages and when asked he said that he has spoken to the Town of Plymouth regarding it, marginally. Town Planner Tom Bott mentioned that a joint meeting with Plymouth might be possible in September. Michael Ruprecht said that he would like to invite the Selectmen to the Planning Board meeting to discuss if there are possibilities with the project and to help make the yes or no decision. Tom Bott and the other Board Members agreed. 7:37 pm Site Plan Solar Garden 3

4 Mr. Joe Shanahan introduced himself to the Board and he works with the Clean Energy Collective based in Worcester, MA, originating in Colorado. He is working on 48 projects and 4 are currently up and running. John Hannah owns this property (23 acres) which was originally approved as a 2 lot subdivision. Map 2, Parcel 8 is 8.3 acres. Map 3, Parcel 1is now 9.1 acres, with 5 acres added to it on the 2 nd map, which must be amended because there is a vernal pool. Mr. Shanahan mentioned that he had spoken to the Town Planner, Tom Bott. Tom had spoken about a list of bullet points and Mr. Shanahan believes he addressed and agreed to them all. One of the points was to remove the water line from the buffer zone and Mr. Shanahan agreed to do this. Also, Tom Bott spoke to the Fire Chief, who expressed concern about keeping all equipment out of the cul de sac and adding a fire hydrant. Mr. Shanahan agreed. Tom Bott mentioned providing training. The road right of way is not part of the approved lots. A point mentioned was a desire to place the panels in the non-constructed parcels. Tom Bott said no way to this. Mr. Shanahan agreed to abide by the 50 foot setbacks but he mentioned that he would like to apply, based on hardship, to the Zoning Board of Appeals because of the vernal pools, etc. Mr. Shanahan stated that all of their projects are DOER (Department of Energy Resources) compliant. Tom Bott spoke about technicalities such as specific technologies, angle and tilt, parameters, and minimizing glare, mentioning similarities to solar on the landfill. He also mentioned that the Planning Board has not done a lot of these so some research needs to be completed. There are also conservation issues such as erosion control and soil compaction. Mr. Shanahan discussed his knowledge of a decommissioning bond requirement (chart rate of inflation, decommissioning calculator, $39,100 per megawatt, 1 st year just under 80k, posting a bond or cash in increasing increments) and that they are looking at a 25 year lease which could continue as a 40 year window at this site. Mr. Shanahan mentioned the issue with Map 2, Parcel 79 and portions of the third lot. He created a 15 acre lot and recorded it at the Registry of Deeds today. Also, he mentioned that there are back taxes due and he said he will pick up those and will provide evidence of that payment. The storm water and erosion control plan was mentioned. Mr. Shanahan discussed the existing deplorable condition of the property and that kids have been using it for their ATVs and parties. The soil reports suggest sand and gravel which is good for absorption. A suggestion was made (not by the Board), that they loam and seed which would not be good for absorption control. Mr. Shanahan said that they will plant low growth, something that does not need mowing. Tom Bouchard is questioning the roll of the Planning Board on this issue. Tom Bott described the zoning bylaw and stated that the property is not zoned for a solar array. There was discussion about the residential setback requirement and Mr. Shanahan would like to change the setback to 10 feet. Tom Bott discussed that even though a unique project could be approved and exempt from zoning, it is still subject to compliance based on state law. Mr. Accumpora, a concerned abutter, approached the podium and wanted to be sure there were no homes to be built on the site. He was reassured there would not be. Mike Ruprecht expressed that he is pleased with the project and that he does not see any problems with it. Susan Boyer agreed. Mr. Shanahan has stated that every abutter agrees with the plan and they would prefer it over a residential one. Mike Ruprecht believes that the concerns by the neighbors such as issues with glare are being addressed and he is pleased that Mr. Shanahan is trying to compromise. Tom Bouchard is also warming up to the idea based on this. He believes 4

5 that Mr. Shanahan has expressed what the future may hold if approval on this project is given. What could it lead to? Mike Ruprecht states that Mr. Shanahan is not being a bad neighbor and the site is a good place for a solar garden. Tom Bouchard is pleased and all Board Members seem happy thus far. Motion: Susan Boyer to continue project discussion at the next meeting on July 27 th at 7:25 pm. Second by Tom Bouchard 8:04 pm Lot releases Bearses Way As built and bond in place Lots 1-1 through 1-18 Motion: Michael Ruprecht Second by Susan Boyer Other news: There has been no environmental representative appointed yet to the Master Plan Committee. Tom Bott, Town Planner forwarded an with impressive work done by the students at the Conway School of Landscape Design. Tom Bott will pass along comments from the Board for the Open Space Plan. Planning Board Associate Member Appointment: Tom Bouchard spoke of the appointment of Joe Casna to the Associate Member position on the Planning Board. He will be responsible for filling in incase of absences as needed in order to vote on Special Permits. A letter should be written urging the Selectmen to hire him. Motion: Michael Ruprecht to request that the Selectmen appoint Mr. Casna as a fill in for special permits. Second: Dave Gavigan 5

6 Susan Boyer, Clerk and Chairman of the Master Plan Committee, made an announcement to the public thanking them for attending the Master Plan Visioning Session on June 29 th. It was a fun, social event and she was pleased with the kick-off. The maps which were provided were helpful in generating new discussions. There were a variety of people in attendance including a real estate agent and new residents. She mentioned the recap meeting which will be held this Thursday at 7:00 at the Kingston Town House, Room 200 in which there will be a discussion about the 3 day design charrette to be held in September. Tom Bott made a request for the Board to stop by and sign end of the year bills. Susan Boyer will not be present for the August 24 th meeting. Tom Bott will also be away that week. Mr. Bott requested that all Board members communicate with him regarding absences and cancellations of meetings. Motion: Susan Boyer to adjourn Second: Dave Gavigan Future Meetings: July 27, :10 pm Accessory Housing Unit 283 Grove Street Map 21 Lot 12 (Cravenho) 7:20 pm Wind Turbine Surety (O Donnell) Discussion intersection of Wolf Pond and High Pines August 10, 2005 August 24, 2015 September 14, 2015 September 28, 2015 Minutes prepared and signed by Dina DiTullio, Interim Assistant, Kingston Planning Department 6

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