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HomeMy WebLinkAbout2000-08-15 Planning Board Minutes Planning Board Meeting APPROVED 10/3/2000 August 15, 2000 Members Present: Alison Lescarbeau Richard Rowen Richard Nardella Others Present: Heidi Griffin, Town Planner Jacki Byerley, Planning Secretary The meeting was called to order at 7:09 Discussion: Heritage Estates Mr. David Kindred's contractor had been spoken to by DPW about the street sweeping and how it had not been done on a regular basis. Mr. Kindred spoke of how his contractor was now doing the street sweeping on a daily basis and that they were doing a better job of it lately. Mr. Rowen commented on how well the roadway was cleaned up over the previous weekend. Mr. Kindred then informed the Board of how DPW was called in the middle of the night for the street settling and that when the roadway was complete they would be putting a final coat down and smoothing the road. Ms. Lescarbeau, questioned the timing of the finished roadway, whether it would be done in time for the start of school? Mr. Kindred stated that Jim Rand of DPW had sent out a reminder to have the work finished prior to the start of school in order for the buses to pass through. Mr. Kindred then stated that he would have the crew work exclusively on finishing, as of right now the time contraints of only being able to work between 8:00 a.m. and 5:00 p.m. make this difficult. In addition, the unusual amount of rain over the past few months has impeded the progress. Mr. Kindred informed the Board that the crew starts work at 8:00 a.m. and they have been only able to lay a couple of feet of pipe a day and then with having to back fill it they are not progressing as quickly as first thought. Also DPW is requiring an outside inspection service. With these delays the crew tries to finish the clean up which then runs past 5:00 p.m. and neighbors have complained that they are working past the allotted time. At the same time the Gas Company had to relocate the gas main and his crew was unable to work for 2 weeks. Ms. Lescarbeau stated she was concerned with the delays and and the completion of work remaining being able to be finished in time for school. Mr. Kindred assured her that he would be completing the work by the time school opened. Mr, Kindred let the Board know that he had a second crew working on the drainage. Mr. whether that was Mr. Kindred's responsibility or the Town's? . Nardella questioned Kindred stated that it was his responsibility. Mr. Nardella then questioned why Salem Street was closed as long as it has been. Mr. Kindred stated that one issue was the inclement weather. Mr. Kindred stated that the second contributing factor was the large portion of the sewer line had to be located and dug up and was 20 feet deep and 40 feet long. This caused a longer delay and kept the road closed for a greater period of time. Mr. Nardella cautioned Mr. Kindred about his contractors handling of the situation and told him to beware that Mr. Kindred was the known builder of Heritage Estates. It was his reputation on the line not the contractors and to make sure things were done correctly so as not to tarnish his good reputation. 000 Bradford St.-Extension Mr. Rex Melton, owner of 000 Bradford street stated that he had recently purchased the said property from Mr. Brown and the Special Permit was due to expire on October 22, 2000. Mr. Brown stated he was unable to have enough of the work completed to honor the conditons.set forth in the approval. He asked that an extension be granted for one year. Mr. Rowen motioned, 2nd by Mr. Nardella to APPROVE the one year extention the Watershed Special Permit. Voted 3-0. Great Pond Road-Extension Ken Yameen owner of Great Pond Road came in front of the Board to ask for an extension to his Watershed Special Permit. It is due to expire in February of 2001. He is asking for the extension now because he will be in Florida in February. Mr. Rowen questions the timing of the sewer coming in. Mr. Yameen isn't sure when DPW will be completing the sewer. Mr. Rowen motioned,2nd by Mr. Nardella to APPROVE a two year extension on the Watershed Special Permit. Voted 3-0. Wallace Street-Form A Plan Don Borenstein was present to represent Mr. and Mrs. Juba and stated that Bill Johnson is the builder. Mr. Borenstein stated that the applicant had already been in front of the Zoning Board for a variance on a single family home for frontage. The Zoning Board denied the variance. The lot is grandfathered and the property is only required to have 2 .J 50 feet of frontage. In order for them to achieve this amount they need to extend the property from Wallace Street. Mr. Rowen comments that the abutting property owners need to agree to the development of the lot to make building in that location possible. Mr. Borenstein stated that the Zoning Board rejected having less than 50 feet of frontage and that he is looking for the Planning Board to vote for the plan with the 50 feet of frontage. He then passed out a hand out which he says backs up his claim that gives them the right of passage on all Private Ways. Ms. Lescarbeau states that Wallace Street is considered to be a paper street and has not been accepted as a public way. Mr. Rowen agrees that the Town Clerk Joyce Bradshaw needs to claim Wallace Street as a public way and this would give the applicant the right to take frontage from. Mr. Borenstein stated that M.G.L. 81FF reference plans that predate the Zoning Bylaw and that it would give them the right to take the frontage because of the lot being grandfathered. Mr. Rowen again suggests that the applicant speak with the Town Clerk and determine if the road is public or a paper road. By doing so this would enable the applicant to apply for the Form A and not have to apply for a subdivision. Mr. Rowen then informed Don to speak with the Town Clerk and then come back to the Board and that would give the applicant better direction with what to do with the Lot. Rennies-200 Chickerin Road-Extension Mr. Laudani of Westpark Realty Development is interested in purchasing Rennies located at 200 Chickering Road and has been given Limited Power by the Dorothy J Rennie Todd and Carol Ryan Rennie. Mr. Laudani have come before the Board to ask for an extension the Site Plan Special Permit which is due to expire September 3, 2000. Mr. Nardella motioned, 2nd by Mr. Rowen to APPROVE a one year extention to the Site Plan Special Permit. Voted 3-0. Public Hearing: 249 Marbleridge Road-Watershed Special Permit Mr. James O'Day, engineer for Reed Cundiff, stated that the applicant would like to construct a 3 season porch within the Non-Discharge Zone of the Lake Cochichewick Watershed Protection District. He had made the recommended changes hours before the meeting. These changes included changing the scale from 1"=20' to 1"=40', showing the required edge of vegetation clearing on the plans, and placement of erosion control measures. Mr. O'Day has forwarded revised plans to VHB. 3 j Ms. Griffin stated that a decision could be filed as soon as VHB made their comments on the revised plans. She also stated that within the decision the applicant would need to post a$2000.00 bond and there would have to be a Deed Restriction on file in the Planning Office limiting the use of fertilizers. Mr. O'Day asked if the applicants could use the remainder of the monies in the Outside Consultant Control Account for the $2000.00 Bond. Ms. Griffin informed him that due to the accounting office release of funds this would not be possible and a new check would need to be issued. Ms. Lescarbeau assured the applicants that the money would be released to them with interest as long as the work was completed according to the decision. Mr. Nardella motioned, 2 d by Mr. Rowen to CLOSE the Public Hearing on 249 Marbleridge Road. Voted 3-0. Mr. Nardella motioned, 2nd Mr.Rowen voted to APPROVE the Watershed Special Permit as amended this evening for 249 Marbleridge Road subject to receipt of approval of the revised plans by VHB. Voted 3-0. 39 Hawkins Lane-Common Driveway &Legal Frontage Special Permit Mr. Steven Stapinski of Merrimack Engineering represented Mr. and Mrs. Scott of 39 Hawkins Lane. Mr. Stapinski stated that the Scotts own both Lot S and Lot 4 and in 1986 they had been approved for the Special Permit Common Driveway. One house was built and the area was graded for the second. The applicants then realized that the Common Driveway Special Permit had expired. Mr. Stapinski stated that the applicants now need a Legal Frontage Special Permit because of the change in the Zoning Bylaw. Along with filing with the Planning Department they have also filed a Notice Of Intent with.the Conservation Department, Ms. Griffin suggested that the applicant finish with the Conservation Department first and then come back in front of the Planning Board for the decision because if the Conservation Commission required the applicant to relocate the driveway it could be incorporated on the plans. Mr. Rowen motioned,2°d by Mr. Nardella to CONTINUE the Public Hearing for 39 Hawkins Lane until September 5, 2400. Voted 3-0. Continued Public Hearings: u Berrin ton Place-Modification to a Definitive Subdivision Ms. Griffin stated that she had drafted a decision for the Berrington Place Subdivision Modification and that a few minor items-needed to be placed on the plans and approved by VHB. 4 �� A man from the audience stands and passes a handout to the Board Members. Ms. Lescarbeau asked the individual his name and he stated that he was the person that had written the memo. After reviewing the memo it was found to be Mr. Kerry McCollister. Mr. McCollister claims he had purchased property from Geoffrey Smith, Guardian of Gwendlen C. Smith and that with the original subdivision an easement for the waterline would have had to go through his newly purchased property. Mr. McCollister went on to say that with the easement going through the property the area would then be cleared making it "aesthetically pleasing". Mr. Nardella questioned Mr. McCollister's motives with the memo stating that when the original subdivision had come in front of the Board the abutters had protested about the land being cut. Ms. Lescarbeau tells Mr. McCollister that a Form A plan was filed with the Planning Office conveying the land to Mr. McCollister. Mr. McCollister then claimed loudly that the Board would need his consent to approve the modification because he is being adversely affected by the modification. Mr. McCollister then tells the Planning Board that they should be more progressive with the Massachusetts General Laws. Brian Levy, attorney for Ken Grandstaff, interjects that the comment of the abutter being adversely affected by the modification references the second paragraph of M.G.L. Chapter 41, 81W. Mr. Levy stated that this act was intended to protect to the new owners of a subdivision rather than being directed to the abutters. Mr. Levy stated an example would be that a subdivision was approved and an owner entered into a purchase and sales agreement of a lot in the subdivision. The applicant then makes changes to the subdivision. A modification cannot be approved without the new owner's consent because they are affected by the change and have already purchased something defmitive. Ms. Lescarbeau then asked Mr. McCollister to sit down and let them get on with the hearing because his complaint didn't have an effect upon the modification decision. Mr. Nardella then asked the developer if the waterline would be looped and what the amount of feet had to be for it. Mr. Ken Ahern stated that the waterline is not looped and that there was no special condition written that it had to be. DPW had approved the amount of footage for the waterline shown on the modified plan. Mr. Nardella amended the decision to have it state that the modified lots are 3 buildable 3 and one unbuildable, and that the approval of the modification does not affect the decisions made on any other Special Permits. Mr. Nardella motioned, 2°d by Mr. Rowen to CLOSE the Public Hearing on Berrington Place Modification to A Definitive Subdivision. Voted 3-4. Mr. Rowen motioned, 2°d by Mr. Nardella to APPROVE the Modification to the Definitive Subdivision to Berrington Place as amended this evening. Voted 3-0. 5 1812 Turnpike Street Route 114-Proposed Office/Retail Development Mr. Elmer Pease begged for the Board's indulgence and asked for the hearing to be continued one more time. The original plans had to be revised and the engineering firm of Allen&Major had had some man power problems, which caused the delay in the getting the revised plans into the Board. Along with the new plans a new drainage report had to be written which ended up being twice the size of the original. Mr. Nardella motioned, 2"d by Mr. Rowen to CONTINUE the Public Hearing for 1812 Turnpike St Route 114. Voted 3-0. Boston Ski Hill-Proposed Site Plan Brian Levy asked for a continuance for the Public Hearing until all Board Members are present. Mr. Gene Willis handed out a memo addressing what he feels are outstanding issues. Mr. Rowen motioned, 2"d by Mr. Nardella to CONTINUE the Public Hearing for Boston Ski Hill-Proposed Site Plan until September 5, 2000. Voted 3-0. 262 South Bradford Street-Definitive Subdivision Mr. Rowen motioned,2"d by Mr. Nardella to CONTINUE the Public Hearing for 262 South Bradford Street Subdivision until September 5, 2000. Voted 3-0. 262 South Bradford Street-Special Permit Common Drivewa Mr. Rowen motioned,2"d by Mr. Nardella to CONTINUE the Public Hearing for 262 South Bradford Street Subdivision until September 5, 2000. Voted 3-0. Endorsement of Plans 300 Chestnut Street Ms. Griffin stated that the pians could not be endorsed as the signature block was incorrect. 6 �� 110 Willow Street Ms. Griffm stated the plans were ready for endorsement. The plans were endorsed by Alison Lesearbeau, Richard Rowen, and Richard Nardella. Mr. Rowen motioned, tad by Mir. Nardella to ADJOURN the Planning Board Meeting. Voted 3-0. i 7