BOLTON PLANNING BOARD
MEETING
October 13, 2004 at 7:30 P.M.
Present: Lawrence Delaney, Mark Giunta, Russell Karlstad, Frank Lazgin, Douglas Storey, Stephen Garner
ANR Still River Road:
Christopher Senie, representing Daniel Senie, presented an ANR plan which delineated parcels A, C, and E, being the part of the old county road, Still River Road, abandoned when the road was straightened out. Since Worcester County was dissolved, the land reverted to the state. The abutting landowners plan to petition the state to release these parcels. The abutters now own both sides of the old roadbed. These parcels, when released, will become part of the lots that now contain them. The Planning Board voted unanimously to endorse the ANR plan entitled: Plan of Land Bolton, MA, prepared for Daniel Senie, 324 Still River Road, Bolton, MA, prepared by Ducharme & Wheeler, 1092 Main St., Bolton, MA, dated Apr. 10, 2003, JN 3789, delineating parcels A, C, E.
Harvard Road Moss Backland Lots and Common Driveway Hearing
Continued hearing was opened. Robert Moss brought a new plan that showed the neighbors houses on it. Since there were no abutters present, it was concluded that their concerns had been met. For the Twin Maple neighbors, the Burkes and Werners, Mr. Moss had agreed to put a no-cut restriction on the appropriate lots, and for Ms. Post he agreed to line the driveway with maple trees.
The common driveway plans were to be sent to Rob Oliva, the engineer, for his comments. Hearing cont. until 8pm on Oct. 27th.
Wireless Communication Tower building permit
A building permit was presented for the Board’s signature. The Board wanted to wait until the site plan review before signing the building permit.
Hearing Bylaw amendments:
Rate of Development bylaw amendment.(2.5.8) This amendment is needed to conform with a recent decision of the Massachusetts Supreme Court, Zuckerman v. Town of Hadley, which held that limitations on growth of this type are constitutional only when they are temporary and linked to planning efforts. Section 2.5.8.1 Purpose and Intent and Section 2.5.8.7 (periodic review) Duration will be tied to the adoption of the Master Plan.
Types of Uses Chart (2.3.4) This amendment adds the requirement that a special permit must be obtained before certain types of commercial projects, including restaurant and retail developments, are constructed This requirement is intended to give the Town greater ability to determine whether proposed business developments are appropriate and in harmony with Town goals. The proposed amendments also bar automobile dealerships and drive-through restaurant service. Two family houses would be permitted by special permit. This last proposed change is consistent with state-wide “smart growth” initiatives and will permit greater flexibility in providing affordable housing. A typo will be fixed by making the Wireless Communication “Devise” and “Device” in the two places it appears.
The Planning Board voted to support these amendments and to support at Town Meeting.
Kendall Homes:
Berlin Road Common Driveway (Kendall Homes): noting that the work had been completed to their satisfaction, the Board voted to release the bond of $8,000 on the Meadowview common driveway.
Northwoods: The base coat has been applied for the whole loop (Drumlin Hill Road). The developers (Brian Donelle, Chuck Black and Kevin Mangiaracine) are asking for the release of Lots 1-12. The Board received an estimate of $58,000 for completion of the work. Since each driveway will have a post with a street number and light, the Board decided the street lights may not be required so the amount was reduced by the $3000 for street lights and the issue is still open for further review. ($58,000 - $3,000 = $55,000 X 1.5% == $82,500 bond needs to be put down to secure the project. The Board will use Engineer, Rob Oliva’s detailed list and will reduce the bond amount as the work gets done. The Board agreed that a Tri-partite agreement can be used. When it is in
place the Board will release Lots 1 – 12.
*Bills/Payroll: OK’d to pay:
Telegram and Gazette - Legal ad (once) $60.00
Bolton Common – Legal ad (twice) $89.38
Hamwey Engineering Quail Run $240.00
Northwoods $920.00
Mail/Correspondence/Announcements:
Notice of intent to take Taylor property out of 61A. The Board looked at the assessor’s sketch of a 15 acre parcel located on West Berlin Road shown on the Bolton Tax Map 3-B, Parcel 30.1. This parcel, owned by Edward and Virginia Taylor is being taken out of Chapter 61A. The Board wants to think about whether the Town is interested in exercising its option.
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