TOWN OF BOXFORD

MASSACHUSETTS

01921

OFFICE OF THE PLANNING BOARD

MEMO

DATE:	August 6, 2014

TO:	Boxford Planning Board

FROM:	Ross Povenmire

RE:	Site Visit to Budnick Way

I visited the Budnick Way Subdivision this afternoon with DPW Superintendent John Dold and the applicant, Anthony Deluca of New England Bank. The purpose of the visit was to determine if a recommendation could be made to release the “Form F – Covenant Not to Transfer” (Covenant) that the Town currently holds on Lot 1 of the subdivision. The other lots of the subdivision have already been released from the Covenant. There is no bond on the subdivision to ensure completion of site improvents, other than the Covenant on Lot 1.

A Memorandum of Agreement (MOA) was executed on June 7, 2011 that memorialized the items “that must be satisfactorily completed in order for the Board to release the Form F Covenant it holds on Lot 1.” The MOA was reviewed in tandem with a Daily Construction Report prepared by the Board’s Construction Review Engineer for the project, VHB, prepared on April 4, 2014. Below are the observations and comments generated from this review:

A stone bound is missing at the right corner of the entrance road right-of-way (viewed from Washington Street) at the front property line. At the location where the bound should be is a spike driven into the base of a large oak tree. To install a granite bound at this location would require removal of the tree. This is a point of discussion with the Planning Board.

A stone bound is missing along the right side of the road right-of-way approximately 150 feet from the front property boundary and near where a second granite bound was found as expected. There is a shallow pit where the missing bound should be located, suggesting that the bound may have been removed or installation not competed.

A stone bound is missing along the left side of the road right-of-way approximately 260 feet from the front property boundary. At the location where the bound should be is a marker and a spike and painted rock. To install a granite bound at this location would require shifting large boulders. This is a point of discussion with the Planning Board.

Invasive knotweed is present in at least a couple of locations within the drainage basins. Control of this invasive is very difficult. Tony stated that an effort was made to eliminate the invasive. John suggested that he would simply continue to mow it as part of the road shoulder maintenance and would not expect to eradicate it. This is a point of discussion with the Planning Board.

Mr. Deluca stated that as-built drawings will be ready shortly for review by the Board.

Mr. Deluca stated that the final top coat on the road should await completion of construction of the houses in the subdivision so that it will not be damaged from construction equipment. He agreed that a bond or tri-partite agreement would be presented to cover the cost of completing that portion of the work. He will provide the Board with an estimate of cost for review by VHB.

Electrical connections and transformers are in place to serve the lots. There appear to be conduits ready to receive cable, however confirmation of this observation is pending from the applicant’s engineer.

A catch basin grate that was to be located within the road right-of-way is actually located just off the right-of-way. A recorded easement grants the town access to all stormwater management areas, which presumably includes the detention basins, but it is not clear if it includes access to the catch basin.

A heavily damaged tree located in the road right-of-way should be removed. Mr. Deluca agreed to do this.

A sediment bag left in a catch basin is damaged and should be removed. Mr. Deluca agreed to do this.

The driveway serving Lot 1 was reconfigured and is believed to be located exclusively on Lot 1. Confirmation is pending from the as-built plan.

The common driveway serving Lots 2 and 3 does not follow the exact course as approved by the ZBA permit #651 or as shown on the Definitive Plan. This is noted in the MOA, and Mr. Deluca was reminded that this would have to be addressed prior to applying for a building permit for Lot 1 or 2

All the other items noted by VHB were investigated and determined to have been addressed (water tank installation, replacing dead trees, cleaning out detention basins, cutting vegetation, etc.).

The MOA requires confirmation that all easements and warranties have been provided. I have copies of a “Declaration of Common Driveway and Utility Easement,” a “Declaration of Covenants and Common Scheme Restrictions,” an easement granted to Verizon for access to install and maintain telecommunications equipment, and a “Town of Boxford Maintenance Easement” allowing access to the town to “drainage areas, utility easements, fire protection systems all ways and roads and storm water management areas.” This is a point of discussion with the Planning Board.

kpruitt

2014-08-06

Ross Povenmire

Dell Computer Corporation