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BOLTON BOARD OF APPEALS
Minutes of Meeting
June 15, 2005 at 7:30 P.M.
Present: Gerard Ahearn, Jake Foote, Russell Karlstad, Charles Lord, Jackie Smith, Patrick Sullivan, Nat Tipton (Town Planner)
1. Continuation of Pondside Hearing from May 18, 2005
Present: Mark O’Hagan (MCO Associates), Kenneth Dellamora (Heritage Manor Development); Carol Erhlich (abutter), David Finkelstein, Martha Remington (Bolton Historical Commission)
Ahearn explained that an informal meeting was held on May 12th between the Board and the applicant to review and provide comment on a draft decision written by Town Counsel Elaine Lucas. The Board provided input on the draft and will have opportunities to provide comment on future drafts. O’Hagan presented revised plans that reflect changes made as a result of the Notice of Intent process with the Conservation Commission. Major changes include revised specifications for building materials, a revised operation and maintenance plan, a landscaping plan, and also addresses certain concerns raised by Sandy Brock and Ed Marchant. Ahearn has compiled a list of outstanding concerns raised throughout the hearing process that will be distributed to the Board and the applicant in advance of the next meeting. Lucas
recommended that the Board not close the hearing at least until they receive wording from the applicant’s attorney that legally complies with all local, state and federal laws including 42 USC 3607, the Older Persons Amendment to Fair Housing Act that was passed in 1995.
The Board voted to continue the hearing to July 12 at 7:30.
2. Continuation of Riverside Hearing from June 1, 2005
Present: Mark O’Hagan (MCO Associates), Jon Witten (Daley and Witten LLC), Erik Bettez, Rick Brown, Roxanne Burney, David Burney, Cyndie Colosi, Kathy Crehan, Lin Hallberg, Mark Lovington, Paul Prevost, Keith Silver, Paul Tower, Bruce Wheeler, Brenda Wright, Charles Wright (abutters), Doug Storey (Bolton Affordable Housing Partnership); Lorraine Stephenson (Bolton Conservation Commission)
Ahearn explained there was a memo received from Atty Witten requesting that the applicant provide the Board with certain items to supplement the application. O’Hagan explained he has been working with NHESP to develop a plan that attempts to minimize the impact on endangered and threatened species. A new plan was shown that moves much of the work out of the priority and estimated habitat line for rare species, and shows the ACEC and priority habitat lines. However, the shared septic system remains in the priority habitat area. O’Hagan indicated he is waiting for a determination from NHESP that they are comfortable with the proposed plan. He will forward the letter on to the Board.
The plan also changes the mix of housing types, from 10 single family homes/1 duplex to 6 single family homes/3 duplexes. Witten raised the concern that the applicant has no right to be before the Board because the change is substantially different from the MassHousing letter. Witten also stated hat the applicant needs to have architectural plans from a registered architect pursuant to 760 CMR 31.02(c), and would like the applicant to bring his environmental and engineering consultants to the next hearing. Several abutters voiced concerns about the project including its density, impact on rare and endangered species, and when the final plan will be submitted. To this last point, Ahearn explained that the Board traditionally has allowed applicants to revise plans to address concerns during the hearing.
A site walk was arranged for June 23, 2005 at 6pm. The Board voted to continue the hearing to July 12, 2005 at 8:30pm.
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