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Board of Appeals Minutes 12/15/2004
BOLTON BOARD OF APPEALS
Minutes of Meeting
December 15, 2004 at 7:30 P.M.

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


7:30 p.m.          Application for Comprehensive Permit - Pondside
Submitted by Heritage Manor Development LLC and MCO & Associates, Inc.
                       (Hearing continued from 11/23/04)

Since September 20, 2004, the applicant conducted a site walk (October 23, 2004) with members of various boards and town residents.  The Board hired Judith Nitsch Engineering Inc. for a peer engineering and traffic reviews.  The board has also received various comments from residents and town boards that have been submitted to the developer.  

Douglas Prentice presented the results of the peer traffic review.  The proposed project does not require major review for future development based on state requirements.  Accident data from the past three years indicates the existing site intersection has a low incidence of accidents.  No widening or traffic lights would be needed.  The study assumes 75% of the occupants will be commuters.  Mr. Prentice stated that coupled with future growth, the level of service on Rte. 117 could drop from D to E.  The proposed site is sufficient to handle large emergency vehicles.  Sight lines from the proposed driveway are adequate.

Daniel Senie from the Public Ways Safety Committee stated that the Board should consider requiring the developer to provide a roadside path along Route 117 to start work on a path that connects Bolton Center with the High School.  

Doug Storey of the Affordable Housing Partnership stated the AHP has had several meetings with the applicant and has been very accommodating and understanding with their concerns.  The developer has agreed to make the affordable units in perpetuity.  The AHP is concerned with the density of the project, as the ratio of affordable to market rate units is higher than what the AHP recommends.  

Mr. Storey also commented on the project as a member of the Planning Board.  The ultimate concern of the project is the density, as septic capacity appears to be the sole driver.  Mr. Storey also raised Planning Board concerns of reducing roadway width to 18 feet to slow traffic down, pulling the roadway away from abutting properties, providing areas for snow storage, preserving the stone walls on the site, and providing .5 supplemental parking spaces per unit.  The Board would like to see an alternative proposal that reduces the number of units to around 48 to 54.

Scott Duhaime of the Conservation Commission stated the current design did a good job of pulling away from wetlands.  The applicant has asked for waiver for the WRPD - the applicant will need an order of conditions because they are 25 feet from a wetland resource.  The Commission is also concerned about the storm drain handling a 10 year storm event.  There are no trail easements with the current proposal.  The Commission recommends ensuring revegetation in buffer zone.  The applicant will need to file under wetlands protection area.  Mark will email this to Nat.  

Sandy Brock of Judith Nitsch Engineering presented the results of the peer engineering review.
Conservation has accepted the denoted wetland boundaries (ANRAD).  The proposed 9% grade of the driveway is acceptable.  Ms. Nitsch stated the roadway width of 26 feet is very generous and probably does not need to be so wide.  

All units are accessible to clubhouse; however there is currently not a walkway out to Main Street.  The final plans need to indicate curbcuts, crosswalks, and other details.  Parking spaces.  Applicant needs to clarify 45 surface for units and clubhouse.  Each unit has combo of single and double.  Visitor space in front of garage?  Need 20 feet.  

The applicant should also clarify the location of dumpsters, curbs, and lighting.  The applicant should also submit a detailed landscaping plan to show if the buffering plants will be feasible with proposed grading.  The proposed use of the existing pond as detention might not be allowed.  Ms. Brock also stated the 200 foot buffer might not be adequate given there are multiple wells – DEP needs to clarify if there would be a change given there is more than one proposed well.  .

For septic, the Board needs to clarify with the Board of Health there is agreement on proposed sewer flow.  The proposed 150 gallons per day is per unit, not per bedroom.  As it is, 66 units would produce 9,990 gallons per day, just under 10,000 gallons which would require an onsite treatment plant.  Ms. Brock stated her biggest concern is to test the water wells for quantity and quality.  

Mr. Ahearn also raised other comments  from abutters Jeff Boudreau (concerned about impact on groundwater and loss of the historic diner) and Carol Ehrlich (advocates flipping the design, erecting noise barriers during construction, and ensuring pet dogs would not negatively impact her quality of life).

Mr. O’Hagan distributed his response to the various comments in the form of a memo, and presented these responses.  

The Board voted to continue hearing on Jan 19th at 7:30.