Chairman: Richard Baker
Members Present: Bill Manter, Laurie Levy, Julia Hucknall
Members Absent: Kim Ames
Recorder: Melanie Rich
Public Hearing (Accessory Apartment Article)- – Mr. Baker opened the Hearing for the Accessory Apartment Article to be included on the town meeting warrant. Bill Filsinger (ZBA) responded by email that he interpreted Section 10.05.03 paragraph 5 to mean that it prohibits the current owner from ever selling their property. Mr. Baker explained that Section 10.05.03 paragraph 5 requires that an applicant for the Special Permit must remain an occupant of either the house or the apartment, while paragraph 11 states that the Special Permit expires automatically in the event the title to the lot is transferred to a new owner. Neither restricts sale of the property, but if the new owner desires to rent an accessory apartment on the premises, they will be required to file a new application for
a Special Permit in accordance with the bylaw. Discussions continued, and Mr. Baker reminded the Board that they need to consider both positives and negatives, since the Board is required to make a recommendation at Town Meeting. Mr. Manter questioned if the Special Permit was to be included in the neighborhood, commercial and highway zones noted on the new use table. Mr. Baker said he understood it to be allowed only where a residence exists as a pre-existing nonconforming use, but the Building Inspector and ZBA must determine that such use is not more nonconforming or detrimental to the neighborhood. Square footage was discussed. Ms. Hucknall asked how it might impact homes that are presently pre-existing, non-conforming. The consensus of the Board was that it is a good article considering the economic times. Mr. Manter made a motion to close the Public Hearing; Ms. Hucknall seconded. All in favor; none opposed; motion approved. Ms. Hucknall made a motion to recommend
the article for approval at Town Meeting; Mr. Manter seconded. All in favor; none opposed; motion approved.
Public Hearing (Rt. 140 Zoning Bylaw Amendments Article) – Mr. Baker opened the Hearing for the Article to Amend the Zoning Bylaw to Make Changes and Correct Errors and Omissions related to the Rt. 140 bylaw amendments made last year. The errors did not negate enactment of the Rt. 140 bylaw changes but were recommended by the Attorney General’s office. No question were raised. Mr. Manter made a motion to close the Public Hearing; Ms. Levy seconded. All in favor; none opposed; motion approved. Ms. Levy made a motion to recommend the article for approval at Town Meeting; Mr. Manter seconded. All in favor; none opposed; motion approved.
Stiles Crossing Street Acceptance – Ralph Viscomi (10 Ridgefield Circle) said that as of today’s date, they have 100% homeowner agreement to participate in the Homeowner’s Association (not including the developer). LeeAnn Marien (16 Ridgefield Circle) said they have sent by email & certified letter (with proof of receipt), to Mr. Venincasa but have no reply from him. They have a quote for the liability insurance and have contracted with a local landscaping company to maintain the basins. They also have in place the $5,000 working capital required. Mr. Viscomi said the majority of the money is used for insurance and maintenance. Trustees have not been elected as yet, but this is expected next week. Mr. Baker congratulated the homeowners for the work and progress
they have made thus far and said that the Board will strive to keep communications open and share information as soon as it is received. The Board has been working on warrant article wording acceptable to the Board of Selectmen, since the Selectmen seem uncomfortable with too many conditions. Mr. Baker reviewed the proposed conditions for the article and expressed his opinion that most have been satisfied already, given the report from the homeowners in attendance. The wording will contain only conditions regarding the recording of the deeds. Mr. Baker informed the homeowners that Cheryl Morrill has responded to Town Counsel’s request for a title report and transfer of control of the Trust to the homeowners. She stated that the developer will pay for a title report of the roadway and Michael Venincasa will agree to appoint a new Trustee and resign, as well as deed the easements to the Maintenance Trust. Mr. Viscomi will prepare a status
report and forward it to the Planning Board as well as to the Board of Selectmen. Copies of the March 18, 2011 Graves Engineering comment letter were provided to the homeowners and discussed. Payment for the final inspection was discussed. Mr. Manter made a motion to authorize a final inspection and expend up to $500; Ms. Levy seconded. All in favor; none opposed; motion approved. Mr. Baker will follow-up with Cabco and Town Counsel. Mr. Manter made a motion to authorize Mr. Baker to recommend to the Selectmen that the article to accept the Stiles Crossing streets go on the warrant; Ms. Levy seconded. All in favor; none opposed; motion approved. Mr. Baker again thanked the Stiles Crossing residents for their leadership.
The meeting was adjourned at 8:45 p.m.
Meeting Materials:
1. March 14, 2011 Letter to Boylston Board of Selectmen re Articles for May 2011 Town Meeting with Articles
attached.
2. March 18, 2011 Letter from Graves Engineering re Stiles Crossing Subdivision.
3. March 28, 2011 Interoffice Memo from Lori Esposito re Acceptance of Stiles Crossing Subdivision Roads.
4. March 27, 2011 Email from Bill Filsinger re Zoning Articles.
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