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Board of Appeals Minutes 04/20/2005
BOLTON BOARD OF APPEALS
Minutes of Meeting
April 20, 2005 at 7:30 P.M.

Present:  Gerard Ahearn, Jake Foote, Russell Karlstad, Charles Lord, Jackie Smith, Patrick Sullivan, Elaine Lucas (Town Counsel), Nat Tipton (Town Planner)

1.      Sunset Ridge Discussion
The Board set an informal meeting with Vin Gately and Kathy Faulk (attorney) to discuss the draft Sunset Ridge decision.

2.      Continuation of Pondside Hearing from March 16, 2005
Present:  Mark O’Hagan (MCO Associates), Kenneth Dellamora (Heritage Manor Development)

On April 6, Carol Gumbart (Conservation Administrator) and Nat Tipton (Town Planner) met with the applicants as part of the Massachusetts Environmental Policy Act (MEPA) review.  Nicholas Zovalas (MEPA) was also present as the reviewing MEPA agent.  Zovalas suggested reducing the amount of parking and constructing parking spaces with permeable surfaces.  An additional wetland not shown on the original ANRAD was found offsite to the northeast.  The area is of concern as it is distributing water onsite through a channel.  O’Hagan indicated the channel is taken into account in the drainage calculations and will not be problematic when the project is built.  The water will be transferred in catch basins.  Updated plans were distributed by O’Hagan that show the pathway along Main Street as requested by the Public Ways Safety Committee.  

Ahearn read a statement from Carol Gumbart that represents comments from the Conservation Commission.  O’Hagan explained they are engaging in the Notice of Intent process and many of their concerns will be addressed during that process.  

An updated list of waivers from changes in the project was requested and reviewed by the Board.  Each one of these waivers must be deemed as being necessary to make the project economically necessary per 40B regulations.  

The Board voted to continue the hearing to May 18 at 7:30pm.

3.      Continuation of Riverside Hearing from March 16, 2005
Present:  Mark O’Hagan (MCO Associates), Jon Witten (Daley and Witten LLC), Erik Bettez, Paal Brandvold, Rick Brown, Roxanne Burney, David Burney, Cyndie Colosi, Kathy Crehan, Linnea Hallberg, Mark Lovington, Daniel Senie, Keith Silver, Paul Tower, Pat Westwater-Jong, Brenda Wright, Charles Wright (abutters), Martha Remington (Bolton Historical Commission)

The Board voted to authorize Gerard Ahearn to enter in a contract with Judith Nitsch Engineering to do a peer engineering review.  

Senie distributed a map printed off a state website that shows the proposed parcel is unequivocally in an Area of Critical Environmental Concern.  O’Hagan indicated that he will use LNC Environmental as a consultant to make a determination on the accuracy of priority habitat lines and the ACEC line shown by the state.  Senie also stated concerns over providing better insulation and heating systems for affordable units, runoff from fertilizers, and would like the applicant to provide a trail easement along the river.  

The applicant handed a letter to the Board indicating he has site control under July 26, 2005.  

Jon Witten stated the Board needs to take the special characteristics of the property into its decision.  The parcel contains unique historical and ecological properties and is therefore different than almost all other parcels in Bolton.  While the Town should continue to make efforts to provide affordable housing, the proposed project only gives the town three affordable units.  

Witten will send a letter to the Board that outlines what he sees as being additional materials for the Board to properly consider the application.  He would also like the opportunity to ask questions of the applicant’s environmental and engineering consultants.

The Board voted to continue the hearing to June 1, 2005 at 7:30pm.