Chairman: Richard Baker
Members Present: Jennifer McGrath, Ray Duffy, Julia Hucknall, Kim Ames (arrival time 9:10 p.m.)
Members Absent: None
Recorder: Melanie Rich
The meeting was called to order at 7:35 p.m.
Ray Duffy motioned to approve the September 8, 2009 Meeting Minutes, the September 8, 2009 Stiles Crossing Public Hearing Minutes, and the September 16, 2009 Stiles Crossing Public Hearing Continuance Minutes as amended. Jennifer McGrath seconded the motion; all were in favor.
Amendment to Zoning By-Laws Public Hearing – Minutes recorded separately.
Cheryl Morrill – Compass Pointe Extension – Mr. Baker stated that he attended the September 21, 2009 Department Head meeting where the extension was discussed. No definitive recommendations were made. The general characterization was for the Board to proceed with caution. There are serious concerns with the timeline of Sewall Street repaving. Mark Bertonassi (Building Inspector) asked for written comments from various departments and responses were as follows: The Conservation Commission stated they have not yet issued an Order of Conditions, nor a Stormwater Management permit, that the developer has not made progress as promised on erosion and sediment control measures on the site during the current growing season, and they are contemplating an Enforcement Order at
their next meeting for violation of the Stormwater Management bylaw. The Highway Department’s concerns were that the water line be installed from Abbey Road to the Elementary school, that road surface be reclaimed shoulder to shoulder for the length of water line, paving with 4” of TYPE 1 bituminous concrete. Further that improvements to the South Sewall - Rt. 140 intersection be completed including drainage improvements, as well as any other work previously discussed. The Fire Department’s concerns are with the developer and not related to Compass Pointe. There are still unresolved issues with hydrants in the Stiles Crossing Subdivision, which is the same developer. The ZBA and Police Department had no issues.
Cheryl Morrill referenced her letter of September 25, 2009 in which she states that the developer seeks a five-year extension to January 2016. She referred to condition #27 of the Compass Pointe Definitive Subdivision Approval which limits construction to 15 houses per year, which is why they are requesting five years. She discussed construction phasing. Mr. Duffy asked if the road would be completed in Phase I, to which Ms. Morrill said yes. Mr. Duffy said the plan did not show that. He said that temporary cul-de-sacs would need to be in place. Ms. Morrill disagreed, saying there are other means of access. She said her client cannot secure funds from his lender to start work unless the Board grants the extension.
Mr. Baker asked Ms. Morrill if they had applied for a road opening permit from the Board of Selectmen. She said no and was unaware until today that the developer had not yet done so. Mr. Baker does not feel that construction of the road would take place before November 15th when the asphalt plants close for the season. The Town Administrator stated that some answers requested of them are forthcoming. Teresa Prunier (Water District) asked if the extension could be granted with conditions. Mr. Baker stated it could not. He further said that the opinion of Town Counsel was that in its approval, the Board reserved the right to grant an extension. To add new conditions, amendment would be required, requiring notice and a public hearing. Julia Hucknall stated that
though the developer seems motivated to complete the subdivision now, they have completed nothing during the past three years. The Board has serious concerns that if a blanket extension is granted, that the Board will have no recourse should the work not be completed. Again, Ms. Morrill stated that the lender will not budge until the Board grants an extension. She also stated that if she does not get an extension, they will come back with a new subdivision application. The possibility of a side agreement between the Town and the developer was briefly discussed. The Board agreed that, realistically, the road will not be put in before November 15th. Ms. Morrill requested a brief recess to speak with her client, which was granted.
Upon returning, Ms. Morrill suggested that the extension could be granted tonight but the documentation held by Town Counsel until permits and bonding is obtained to guarantee performance. The possibility of granting the extension and having the Board of Selectmen enforce performance was discussed. Options are to either grant the extension and leave it in the hands of the Selectmen to assure the road is completed by next year, or do nothing and have the developer reapply. Mr. Duffy felt that they did not need the extension tonight since the road will not be put in until the Spring. Ms. Morrill stated that was not necessarily true and feels they could have it completed by November 15th. The Town Administrator said that the Board of Selectmen are concerned about performance and would
be looking for a bond. The Building Inspector said that he would not release building permits until water main is installed with connection to the houses, and will also monitor lot releases by the Planning Board.
A motion was made by Jennifer McGrath that the extension be granted until January 3, 2015 and that the Board convey its recommendation to the Board of Selectmen that any road opening permit be conditioned on a completion date of June 1, 2010. The Motion was not seconded.
Members considered other possible motions, but none were properly made.
Ms. McGrath restated her original motion. Again, there was no second.
Mr. Duffy suggested a joint meeting with the Board of Selectmen and Town Counsel.
Ms. Morrill asked the Town Administrator if she could be on the October 19th Board of Selectmen Agenda if she filed for the permit. The Town Administrator could not give her an answer tonight. Mr. Duffy would like to speak with Town Counsel first. Discussion ended.
Christopher S. & Carolyn S. Crane ANR – The application refers to a Plan of Land in Boylston, Massachusetts prepared for Christopher S. & Carolyn S. Crane. The land is in the rural residential district which requires frontage of 200 feet and a lot area of 40,000 square feet. Mr. Baker suggested the following findings: [Marker]Lot A and Lot B have sufficient area and Lot C is not a building lot. Mr. Duffy motioned to accept the findings and approve the ANR Plan. Ms. Hucknall seconded; all in favor, none opposed.
Barbara L. MacKenzie ANR – The application refers to a Plan of Land in Boylston, Massachusetts prepared for Barbara L. MacKenzie, 80 Mile Hill Road, Boylston MA. The land is in the rural residential district which requires frontage of 200 feet and a lot area of 40,000 square feet. Mr. Baker suggested the following findings: Parcel One is not a building lot; the remaining lot has sufficient frontage and area in excess of that required. Ms. McGrath motioned to accept the findings and approve the ANR Plan. Mr. Duffy seconded; all in favor, none opposed.
The meeting was adjourned at 9:30 p.m.
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