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HomeMy WebLinkAbout2012-09-04 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, September 4, 2012 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry 1 Absent: R. Rowen 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:00pm. 5 6 BOND RELEASES 7 858 GREAT POND ROAD: Request for the release of a $4,000 performance bond. 8 J. Tymon: This was for a new home in the Non-Disturb Zone. A site visit has been completed 9 and an as-built has been received. 10 MOTION 11 A motion was made by D. Kellogg to release all performance bond funds held for 858 Great 12 Pond Road, including interest. The motion was seconded by L. McSherry. The vote was 13 unanimous. 14 15 NEW CINGULAR WIRELESS-AT&T: Request for release of bonds held for 5 Boston Hill, 16 723 Osgood Street, and 0 Chestnut Street. 17 J. Tymon: A full set of as-built plans have been received for all three sites. 18 MOTION 19 A motion was made by M. Colantoni to release New Cingular Wireless – AT&T bond funds and 20 accumulated interest for 5 Boston Hill. The motion was seconded by L. Rudnicki. The vote was 21 unanimous. 22 MOTION 23 A motion was made by L. Rudnicki to release New Cingular Wireless – AT&T bond funds and 24 accumulated interest for 723 Osgood Street. The motion was seconded by M. Colantoni. The 25 vote was unanimous. 26 MOTION 27 A motion was made by L. McSherry to release New Cingular Wireless – AT&T bond funds and 28 accumulated interest for 0 Chestnut Street. The motion was seconded by D. Kellogg. The vote 29 was unanimous. 30 31 ANR 32 Tom Zahoruiko, 72 Great Pond Road: Proposal to create two lots from one existing lot. 33 J. Tymon: The lot size is a little over four acres and has one home on it. There was preliminary 34 discussion for a possible three lot subdivision for this property. Based on feedback from the 35 Planning Board and Conservation Commission the applicant has decided to create one lot at this 36 time. This lot would be just over an acre and have frontage on Great Pond Road. The remaining 37 lot would be just over three acres. The new lot would be within the 100’ buffer to the wetlands 38 and the driveway may need to be constructed within the 50’ buffer zone. 39 Tom Zahoruiko. Applicant: This ANR application is not intended to preclude previous 40 discussions of a possible subdivision. This lot is geometrically the same as one of the two lots 41 that were to be created on the preliminary concept plans for the subdivision that was presented at 42 the last meeting. Creating this lot does not disadvantage the conceptual subdivision plans. 43 1 PLANNING BOARD Meeting Minutes Tuesday, September 4, 2012 Town Hall, 120 Main Street 7:00 PM MOTION 44 A motion was made by L. Rudnicki to direct the Town Planner to sign the Form A for 72 Great 45 Pond Road. The motion was seconded by D. Kellogg. The vote was unanimous. 46 47 PUBLIC HEARINGS 48 CONTINUED PUBLIC HEARING, 5 Boston Hill: Metro PCS application for a renewal of a 49 Wireless Special Permit. 50 J. Tymon: Mark Hutchins has submitted his report. The application is complete. 51 MOTION 52 A motion was made by M. Colantoni to close the public hearing for 5 Boston Hill, Metro PCS. 53 The motion was seconded by D. Kellogg. The vote was unanimous. 54 Draft Decision was reviewed. 55 MOTION 56 A motion was made by D. Kellogg to approve the renewal for the Wireless Special Permit at 5 57 Boston Hill, Metro PCS as in the written Decision. The motion was seconded by M. Colantoni. 58 The vote was unanimous. 59 60 NEW PUBLIC HEARING, 0 Great Pond Road: Application for a Watershed Special Permit for 61 construction of a single dwelling, porous pavement driveway, roofed porches, deck, site utilities, 62 and associated site grading on a presently undeveloped, buildable lot. 63 J. Tymon: This is for construction of a new structure within the Watershed. The lot is 64 approximately two acres in the R-1 zone and it was created before 1990 so the Conservation 65 Zone does not apply. Most of the proposed building is within the 100’ Non-Disturb Zone. The 66 application did have to go to the ZBA for a variance. The variance was granted. The proposal 67 has two entrances off of Great Pond Road due to sight line distances. L. Eggleston has reviewed 68 the application and she has provided comments that the applicant will address. The limit of 69 clearing will be brought in and landscaping will be added to the plan based on comments by the 70 Conservation department and L. Eggleston. The lot was created Oct. 29, 1990 and the 71 Conservation Zone was established in 1994. 72 J. Simons: When was the two acre zoning established? Who owns the surrounding lots? 73 J. Tymon: Believes the two acre zoning change was done in 1988. 74 Jack Sullivan, Sullivan Engineering Group representing the applicant: The ZBA had the same 75 concern of common ownership. There are a total of four lots totaling 17 acres. One of the 76 existing lots has an existing home and there are three vacant lots. The ZBA said that it is a mute 77 point because this lot has sufficient frontage and upland and it is a buildable lot under current 78 zoning. The four lots were broken out in 1990. The applicant has owned the property since 79 1996. An application has been filed with the Conservation Commission. Conservation has 80 confirmed the wetland line shown on the plan. The total building footprint for the structure is 81 2,916 sq. ft. The lot coverage is 3.35%. Reviewed the stormwater drainage design which 82 includes a dry well, pervious pavers, and porous pavement. The proposed plan will be revised to 83 pull the limit of work line in. There will be a deed restriction in place for pesticides and fertilizer 84 use. The lot does not directly abut the lake. The distance to the lake is at least 500 feet from the 85 2 PLANNING BOARD Meeting Minutes Tuesday, September 4, 2012 Town Hall, 120 Main Street 7:00 PM rear lot line. There is some type of abandoned foundation structure on the lot that will be 86 removed. 87 J. Simons: Requested the surrounding lots be displayed at the next meeting. Expressed that he 88 would like to understand any potential for future development on the surrounding lots. This is a 89 critical area and the wetland is a direct feeder into the lake. Stated that the applicant will have to 90 demonstrate beyond a reasonable doubt that there will not be any impact to the lake. 91 J. Sullivan: There will be 50’ of grading beyond the rear of the house. The closest measure to 92 the wetland line is 53’. Every other measurer is over 75’. The design meets the Ma. Stormwater 93 Standards. Maintenance requirements are documented in the Operation and Maintenance Plan. 94 The property will be connected to sewer and there is limited grading. A key plan of the 95 surrounding lots will be provided at the next meeting. 96 J. Tymon: L. Eggleston will do a review of the revised plan for the next meeting. 97 ABUTTER 98 Mark DiSalvo, 1011 Great Pond Road: Lives directly across from the property. Stated he was in 99 support of the project and that applicant has always shown respect and care for the lake. 100 J. Simons: The hearing will be continued to the next meeting. 101 102 PUBLIC MEETING 103 NEW PUBLIC MEETING: Preliminary Subdivision Plan Appleton Street: Application for a 104 proposed 11 lot Preliminary Planned Residential Development Subdivision Plan on three 105 existing lots comprised of approximately 21 acres of land (map 65, lots 8, 9, and 55). 106 J. Simons: Explained the reason and process for a Preliminary Subdivision Plan and a Planned 107 Residential Development. 108 J. Tymon: J. Hughes, Conservation Administrator, has submitted a letter dated August 29, 2012 109 expressing a concern about the following: the applicant’s ability to construct a house and 110 appurtenances outside of the 50’ No-Build Zone on Lot 7, the applicant will need to submit an 111 alternatives analysis, and that the project will need to comply with the Stormwater Standards as 112 required by the Mass DEP. This subdivision proposal is comprised of three existing parcels 113 totaling 21 acres. A subdivision plan for these parcels was approved in 1989 but it was never 114 enacted. One of the open space parcels does contain a significant amount of riverfront. The 115 applicant is meeting the requirements for Open Space. At a previous meeting a Board member 116 asked that the applicant look at extending the proposed street all the way through to Appleton 117 Street. A new roadway profile has been submitted for review. 118 Phil Christiansen, Christiansen & Sergi: Reviewed a Subdivision Proof Plan with a 1,300’ cul- 119 de-sac. There are eight lots shown on one side of the cul-de-sac in the R-3 Zone and three lots on 120 the other side of the cul-de-sac which is in the R-1 Zone. The first 100’ of the road is within the 121 Riverfront. The wetland line on the plan has been approved by Conservation. Reviewed a P.R.D. 122 Plan which reduces the roadway length to approximately 800’. The plan has eleven lots and 123 three Open Space parcels. This will be a low impact development with wide swales on the sides 124 of the roadway and a detention area. Curbing and catch basins would be eliminated with this 125 type of design. There is an existing water line and an existing sewer line to tie into. Reviewed 126 the roadway profile connecting the roadway through to Appleton Street. Currently there is a 127 driveway in the right-of-way where the road would have to connect to Appleton Street. Another 128 3 PLANNING BOARD Meeting Minutes Tuesday, September 4, 2012 Town Hall, 120 Main Street 7:00 PM problem with connecting the roadway is the steepness of the hill. There is a 12’ elevation 129 difference between where the existing driveway turns into the house and where the road would 130 have to be to meet the present standards. The alternative is to keep the roadway at the existing 131 grade. The existing grade is 13% and there wouldn’t be a staging area to get onto Stage Coach 132 Road. If the Town wanted the road to go through the applicant would not go forward with the 133 P.R.D. option. Reviewed the location of wetlands. 134 ABUTTERS: 135 Tom Kinneman, 299 Blue Ridge Road: Expressed concern that there is a very dangerous curve 136 in the road where the new road would intersect with Blue Ridge Road and the sight lines are 137 poor. Suggested adding a sidewalk or opening up the sight lines should this proposal be 138 approved. Stated that he believes the new road would be used as a ‘cut-through’ if it were to 139 connect to Appleton Street and recommended that this option not be considered. 140 Christine Garcia, 30 Keyes Way: Asked where the drainage detention pond would be located. P. 141 Christiansen showed the location on the plan. Asked if the 50’ buffer zone would be adhered to 142 and stated that she does want the buffer zone maintained. 143 J. Tymon: The applicant intends to ask for a waiver of the 50’ buffer for those lots that abut the 144 railroad right-of-way. 145 J. Simons: This is a preliminary plan so that would be taken under advisement. It will be looked 146 at in totality and perhaps a landscaped buffer in place of the 50’ buffer would be appropriate. 147 P. Chistiansen: The railroad ROW is 80’ wide. There is also a 25’ easement for sewer. 148 Mark Ford, 385 Appleton Street: Owns the home with the existing driveway in the undeveloped 149 section on Appleton Street ROW. Supports the option of not connecting the road through to 150 Appleton Street because of the grade of the hill and impact to the neighborhood. 151 Colleen Diaz, 150 Pine Ridge Road: Concerned that if the road is connected through to 152 Appleton Street it would become a ‘cut-through’ road and negatively impact the neighborhood. 153 Also, it would be a safety issue and a speedway due to the straightness of the roadway. Believes 154 that any emergency response vehicles would travel Salem Street to get to this proposed 155 subdivision as opposed to through this neighborhood. 156 J. Simons: The biggest issue is that it is extremely steep and tough topography. Generally most 157 Planning materials say that connecting roads is a good thing. Given the circumstances the Town 158 has to weigh it and balance the local interest with the broad Town interest. Encouraged abutters 159 to communicate any additional concerns to the Town Planner and/or come to the next meeting. 160 A Preliminary Decision will probably be made at the next meeting. The Decision is not binding 161 on the final Decision; however, it gives the developer direction on how to design the final 162 version of the project. 163 A site visit was scheduled for September 15 at 9:00am. Attendees will meet at the Blue Ridge 164 Road site entrance. The center line of the roadway will be marked. 165 166 DISCUSSION 167 RED GATE: Certificate of Occupancy Lot 4 168 J. Tymon: The applicant has requested to come to the next meeting to request a Certificate of 169 Occupancy for Lot 4. The last house has been built. They have constructed the retaining wall in 170 4 PLANNING BOARD Meeting Minutes Tuesday, September 4, 2012 Town Hall, 120 Main Street 7:00 PM the back of the house. A structural engineer has submitted a letter certifying that the wall will 171 perform as designed. The applicant will bring an interim as-built to the next meeting. 172 173 : MEETING MINUTES Approval of August 21, 2012 meeting minutes. 174 MOTION 175 A motion was made by D. Kellogg to approve the August 21, 2012 meeting minutes. The 176 motion was seconded by M. Colantoni. The vote was unanimous. 177 178 MISCELLANEOUS 179 D. Kellogg: There was a site walk-through at 16 Berry Street for the proposed 40B. 180 Communicated to the Board his concerns related to the amount of traffic that will be 181 generated, the additional traffic entering and existing Rt. 114, and his concerns with the 182 narrowness of Berry Street. 183 184 J. Simons: Requested that J. Tymon ask the applicant of 0 Great Pond Road to stake the lot 185 and possibly schedule a site visit. 186 187 ADJOURNMENT 188 MOTION: 189 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by 190 L. McSherry. The vote was unanimous. 191 192 The meeting adjourned at 8:35pm. 193 194 MEETING MATERIALS: Agenda, ANR plan 72 Great Pond Road, Draft Decision 5 Boston Hill 195 Metro PCS, Mark F. Hutchins report for 5 Boston Hill Metro PCS dated 8/22/12, ) Great 196 Pond Road Watershed Special Permit Application dated 8/7/12, Eggleston Environmental 197 report for 0 Great Pond Rd. dated 8/20/12, Preliminary P.R.D Appleton Street (Regency 198 Place): Memo from J. Hughes, Conservation Administrator dated 8/29/12, Preliminary 199 conventional subdivision proof plan for “Regency Place” dated July 16, 2012, Preliminary 200 P.R.D. Subdivision Plan for “Regency Place” dated July 16, 2012, Through-Road Option 201 Preliminary Conventional Subdivision Proof Plan for “Regency Place” dated August 17, 202 2012, draft 8/21/12 meeting minutes. 203 5