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Board of Appeals Minutes 07/12/2005
BOLTON BOARD OF APPEALS
Minutes of Meeting
July 12, 2005 at 7:30 P.M.

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

1.      Continuation of Pondside Hearing from June 15, 2005
Present:  Mark O’Hagan (MCO Associates), Kenneth Dellamora (Heritage Manor Development); Sandy Brock (JNEI)

Sandy Brock reviewed her recommendations from her second peer engineering review.  She characterized the recommendations as being largely minor.  She recommended putting the dates of well installation on the final plans, developing a construction management plan to outline when trucks would be accessing the site, what roads they will use, and other considerations.  The subject of where the fill would be coming from arose in this discussion; the Board decided to ensure language in the final decision that requires fill to be clean.  A signed copy of her recommendations was given to the Board.  

The Board voted to continue the hearing to August 11th 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)

Ahearn recapped a site walk that took place on June 23rd attended by the applicant, Town Planner, three board members, and several abutters.  He also reviewed several communications from residents concerning the proposed project.  These communications were from abutter Roxanne Burney to the Board of Selectmen dated June 29, 2005; letters from Pat Westwater Jong; Daniel Senie; Mark Lovington; a Conservation Commission memo recommending the Board deny the project; and Martha Remington from the Historical Commission.

Mark O’Hagan indicated he is awaiting a determination from the Natural Heritage Endangered Species Program (NHESP) as to whether the proposed project would result in a taking of habitat from rare and endangered species.  Sandy Brock reviewed her recommendations on the site design; her concerns included the layout, aestethics of the proposed structures; lack of soil testing data; and the required MEPA review.  A copy of her recommendations was distributed to the Board.  

The issue of whether the plans provided are legitimate was raised; Board will seek an opinion from Town Counsel.  In addition, the Board will also seek an opinion on whether a plan could be denied solely on the basis that it has substantially changed from the initial filing.  The Board will also contact MassHousing for its opinion.