Planning Board Meeting Minutes
May 13, 2008
1196 Main Street Town Hall
Members Present: D. Lindberg, R. Ricker, C. Prager, O. Lies, W. Ritter
Members Absent: C. Stanovich, Al Bonofiglio
Others Present: Pamela Harding, Senior Planner, Debra Sciascia, Recording Secretary
7:30 PM the Planning Board meeting was called to order.
Approval Not Required - 411 and 429 North Street, Moore: The applicant is proposing to divide a lot containing two homes in an R-40 zoning district. One lot will contain 13 acres and the other will have 1.8 acres. Andrew Liston, Thompson Liston Associates, represented the owners. The Moores now live in the house and will remain there. The applicants have asked the Town Clerk for the status of North St., but have not received an answer. R. Ricker mentioned that other roadways have been required to be brought up to date. P. Harding stated the area of North Street containing the frontage for house number 429 is wooded, there is a small trail that is not safe for vehicles to utilize, she considered the frontage to be illusionary. There is no evidence this portion was accepted as a public way. The applicant stated there is evidence
of an old foundation past 429.
The driveway for the house needs to be on the same lot as the house. A common driveway will need a Special Permit, and will alleviate creating a new driveway. The Board could require a Special Permit for a common driveway as part of the approval of the ANR.
R. Ricker motioned to approve subject to the applicant applying for a Special Permit to service lots 2-3, and create an agreement that the applicant will obtain a Special Permit under the town By laws. W. Ritter seconded. All in favor.
PUBLIC HEARING, Definitive Subdivision Extension of Time Deer Run - Bergeron: D. Lindberg read the Public Hearing Notice into record. The definitive subdivision for Deer Run expired on April 12, 2008. Verizon had not complted the work on time. The applicant also had difficulty finding a utility contractor. The work will be completed within a year.
The roads have not been paved. There was a significant sediment breach in the rear of the property. The applicant is currently cleaning the site and installing additional erosion controls, which should be completed shortly. They have already applied and obtained a building permit for the retaining wall. Robert Longden, Attorney, Bowditch & Dewey, represented G. M. Bergeron.
Matt Smith, Bohler Engineering, explained the sediment and erosion control plan, and presented a grading plan for Board review, which is not identical to the definitivge plans. Jerry Bergeron gave an overview of the wall. The abutters will not be albe to see the wall. The build out is a conceptual plan. W. Ritter said he had been concerned with the height of the wall. R. Ricker stated that he relied on it to be shown on the as-built stage.
• Elizabeth Helder, 33 Steppingstone Dr: Commented on the plan being approved by the Board, then the plans changing. P. Harding explained the subdivision control by laws requires a preliminary build out plan. It is common for the layout of the building lots to change during definitive design. Work has been very sporadic, a stop and go process. D. Lindberg stated that unfortunately this is what happens in the construction business during a bad economy, which is not a unique problem. E. Helder stated that the contractor clear-cut the entire property. She asked to postpone the extension of time until the Board walks through the property. Jerry Bergeron said that he is currently loaming and seeding the property to control the dust. He also stated that he has offered to wash the abutters windows.
• Staci Robichard, 40 Steppingstone Dr: Wanted to know about the process of putting a road in.
O. Lies inquired about the stockpiles of dirt. G. Bergeron said that 1,000 yards of sand were brought in two weeks ago for the utilities, and will be kept wet to keep the dust down. The dirt will be gone in three weeks.
P. Harding explained the clearing the lots was necessary to conduct roadway grading.
• Elizabeth Helder, 33 Steppingstone Dr: Would like to see a time line for the project. P. Harding stated that hopefully by winter the infrastructure will be in.
• Karl Makela, 60 Newell Rd: Asked if Bergeron was allowed to store materials on the project that doesn't belong there because they have hauled in wood.
O. Lies believes one year is not sufficient, and would not object to a two year extension. The applicants needs to address the issues of dust control, roads, finish the infrastructure by a certain date, preferably this year, and complete the grading.
C. Prager also agreed that the mounds of earth need to be addressed.
W. Ritter recommended running a sprinkler every day. J. Bergeron said he would be willing to spray the dirt with a bonding agent/soil glue. W. Ritter stated that the extension should be for one (1) year.
R. Ricker motioned to close the Public Hearing. C. Prager seconded. All in favor.
O. Lies motioned to approve a one (1) year extension of time, including the draft of conditions read into record. C. Prager seconded. All in favor.
Village at Westminster Place Newell Road: Conditions of the extension of time, required erosion controls be removed within 90 days of January 15, 2008, and loaming, seeding and the required buffering be evaluated in the Spring. If it was determined that additional loaming and seeding be required and the applicant must complete this work within 30 days of notification. A letter was mailed to the applicant from J. Zingarelli, DPW, on May 2, 2008, requesting the erosion controls be removed immediately, this letter also provided notification that loaming and seeding must be completed within 30 days. A reply has not been received.
It was the town that asked for the jersey barriers to be put up. The Highway Dept. wants them there for safety reasons.
W. Ritter inquired as to how much the bond was. P. Harding stated that there are two bonds, one for road improvements, and one for the site. The only outstanding issues are the removal of the haybales and removal of erosion control. W. Ritter recommended making this an agenda item for June, and the bond should not be pulled for these issues. He invited the applicant to join the June 10th meeting.
Alden Woods Street Acceptance: Alden Woods conditions of extension required remediation for ground water breakout and the paving of Chapel Street by May 15th. The applicant is working on the items but it is doubtful they will be ready for street acceptance by that deadline. DPW is completing a punch list for all outstanding items. The Board agreed that they would not recommend approving the street acceptance at town meeting due to DPW's punch list. All in favor.
Otter Brook Circle, Street Acceptance: One minor item of back-filling next to a sidewalk must be completed. DPW is expecting the street to be in acceptable condition by the May 13th Planning Board meeting. W. Ritter motioned to approve providing it is completed to the satisfaction of DPW. C . Prager seconded. All in favor.
ZBA Recommendation, 19 Salisbury Street, Special Permit: The applicant, Kevin Larson, is applying for a special permit to operate a business office in a R-M zoning district. This project does not require over ten parking spaces and will not trigger site plan approval. O. Lies said that it would make sense to rezone it commercial and an allowed use.
R. Ricker motioned to allow by Special Permit under the zoning by laws and Board recommendation. W. Ritter seconded. All in favor.
32 Holly Circle, Variance: The applicant, Neil Harvey is applying for a variance from the rear yard setback for the construction of an inground pool. W. Ritter motion for no action due to limited Planning Board significance. R. Ritter seconded. All in favor.
OTHER BUSINESS:
• Wingspan Estates: Definitive subdivision plan appeal period has expired and the mylars were signed.
• Master Plan: The Master Plan Committee voted to approve the Master Plan. The consultant is doing the final edits, and the Committee would like to be on the Planning Boards agenda for a June 10th presentation. The plan is available on the website. The Board will then be given time to review it, and the MP Committee will then come back in to answer questions the Board might have.
• Walgreens: W. Ritter recused himself from the discussion at 9:15 PM. Walgreens approached the Historical Society and offered the Love Realty Buildings for free to anyone who wants to move them. They would also contribute towards the cost of the move. This would be too cost prohibitive.
Lance Lazar had told P. Harding that the conditions wer enot what was voted on by the Board. He also insisted that the traffic report conditions were different. P. Harding read the traffic condition included in the condition and informed the Board that Mr. Lazar felt the Board voted to have a new complete traffic study done after one year, the requirement for a new public hearing was not related to public safety issues but poor traffic conditions, and a police detail was required. The Board unanimously voted that the conditions in the decision represented their correct vote. R. Ricker motioned for P. Harding to send a letter to L. Lazar stating that the conditions did not include police detail after one year, nor was the traffic study to be redone. R. Ricker will also sign the letter stating such. C. Prager seconded. All in favor.
NEXT MEETING: May 27, 2008 at 7:30 PM at the Memorial Town Hall.
O. Lies motioned to adjourn. R. Ricker seconded. All in favor.
Adjourned 9:30 PM.
May 13, 2008 minutes approved: June 24, 2008
Debra A. Sciascia, Recording Secretary
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