Planning Board Meeting Minutes
April 14, 2009
1196 Main Street, Town Hall
Members Present: D. Lindberg, C. Stanovich, O. Lies, W. Ritter, A. Bonofiglio, M. Wronski
Others Present: Pamela Harding, Senior Planner, Debra Sciascia, Recording Secretary
7:00 PM the Planning Board meeting was called to order.
SPECIAL PERMIT - Village at Westminster Place Retirement Community, Extension of Time: A. Bonofiglio recused himself from the hearing. The applicant, Fafard Real Estate, forwarded the following e-mail to Town Counsel.
April 9, 2009
At the Holden Planning Board Meeting on Tuesday, March 23, 2009 certain members of the Board questioned the representative of Newell Road Realty, LLC present in regard to the plowing of a Town sidewalk in the area of the Cottages of the Villages at Westminster Place development. The members pointed to Condition #52 of a subsequent decision issued by the Board on January 8, 2008.
A review of the Town of Holden Zoning By-Law, Municipal By-Law and Subdivision Rules and Regulations does not reference language similar to Condition #52 of the January 8, 2008 Decision. Further, I cannot find permits issued to similarly situated developers in the Town of Holden imposing such heightened specifications on other projects. I would ask you to supply some rational basis for according different treatment to my client in connection with its project than was accorded to other developers in Town sufficient to justify this selective treatment. If I have missed something in your Town's above regulations or other project approvals, please feel free to call this to my attention.
Please take note of the fact that as a good neighbor, Newell Road Realty, LLC has cut the grass in this area in the past. Now that the Bond for these improvements was released in the fall of 2008, Newell Road Realty, LLC will no longer take responsibility for such work, including the repairs made necessary by public safety officials of the Town directing traffic onto said grass area as a result of a fallen tree in the road during last winter's storms. I look forward to hearing from you. Please contact me should you have any questions on this communication.
Very truly yours, Paul J. Beattie, Attorney, Newell Road Realty, LLC
The following is P. Harding's letter of response.
"I have read your email addressed to Stephen Madaus and offer the following comments:
The sidewalk is not entirely located on Town owned property, a significant portion of it is located on property owned by the applicant. The sidewalk connects the looped roadways, and interior sidewalks of this project, largely serving residents of this development. The joint ownership and layout resulted in a condition requiring the applicant to maintain the sidewalk. Grassed areas that exist as part of the ROW are maintained by the property owners, which front this area throughout the Town of Holden.
All parties agreed to the conditions of approval, if the applicant had issue with the condition the proper recourse is to file an appeal of the condition not to simply ignore the requirement. Non-compliance with a condition of a special permit results in a zoning violation."
Donald Seaburg, Benchmark Engineering, representing Fafard said that they will plow the sidewalks, going forward, and will also cut the grass.
W. Ritter suggested keeping the project on a short leash, because plowing is not a big summer issue. It was agreed that Fafard would put it in writing.
C. Stanovich motioned to close the Public Hearing. O. Lies seconded. All in favor.
W. Ritter motioned to approve and read the draft of conditions into record. C. Stanovich seconded. Vote 5-0, approved.
MEETING MINUTES:
• November 18, 2008: W. Ritter motioned to approve. A. Bonofiglio seconded. O. Lies abstained from the vote. Vote 5-0. Approved.
OTHER BUSINESS:
• P. Harding informed the Board that Robert Ricker submitted his resignation by email, effective immediately. There was a unanimous request for him to return for one last meeting.
OAKS OF HOLDEN UPDATE: A retaining wall that supports the main roadway entrance at the Oaks of Holden has collapsed. This is the second time a collapse has occured, both in different locations. Repairs will take place as soon as next week. The road is passable, and has been inspected by private party engineer.
PUBLIC HEARING DEFINITIVE SUBDIVISION - Extension of Time, Sheffield Way Extension: D. Lindberg read the Public Hearing Notice into record. The original approval expired on March 28, 2009. The subdivision is not well maintained. Two lots have occupancy permits for single-family homes and two vacant lots were sold to a real estate company. The following is an update on the status and recommended conditions;
1. The two existing homes located at 27and 28 Sheffield Way, on the former location of the cul-de-sac, have gravel in their front yards, this area must be loamed and seeded by the applicant within 30 days of the date of the filing of this decision to the satisfaction of the DPW, Engineering Office, and the owners of the property. Berm and sidewalks must be installed in this location.
2. The bituminous berms along the roadway must be installed.
3. Sidewalks must be installed.
4. The topcoat must be laid.
5. The detention pond is not fenced, and the applicant has asked for a waiver from this requirement stating there is no standing water.
6. General maintenance and cleanup of the site should occur this includes:
• Removal of stumps
• Removal of stock piles that exist in violation of condition #35
• Street sweeping
•Cleaning of catch basins
• Clean-up of tree debris
7. There is ground water break-out between Lots A and B that drains into the roadway, that can result in icing conditions in the winter and must be remedied.
8. Street tree plantings must be non-host species of the Asian Long Horned Beatle.
George Kiritsy, Attorney, represented the applicants, Dave Brunelle and Joe Evangelista, who are requesting a one (1) year extension. The applicants are also asking for a waiver of fencing around the detention pond. P. Harding stated that she has not witnessed standing water, but DPW is not in favor of the removal of the fencing.
• D. Lindberg has issues of the rock piles and kids playing there.
• W. Ritter asked if the Board could defer the action on the fence until the rainy season, and then have engineering look at the area. O. Lies agreed with W. Ritter.
Public Comments:
• Elizabeth Doyle, 28 Sheffield Way: Has issues about the paving, and wanted to know when it was going to be done. J. Evangelista said he was told by J. Zingarelli, DPW, to wait last November due to weather conditions. He also said they will get the lots cleaned up.
• D. Lindberg suggested the applicant clean up the neighborhood. J. Evangelista agreed to do so.
• Howard Doyle, 28 Sheffield Way: Complemented the applicants on their work cleaning up the brush.
• C. Stanovich motioned to close the Public Hearing. M. Wronski seconded. All in favor.
C. Stanovich motioned to approve the Extension of Time, reading the draft of conditions into record. A. Bonofiglio seconded. All in favor, approved.
HISTORIC MEETING: The owners of the Jefferson Mill are applying for a Historic Grant and conducting a public meeting to propose the creation of a historic district surrounding the mill referred to as the Eagleville Historic District. The meeting will be conducted on April 28, 2009 at 6:30 p.m. in the Starbard Building, Selectmen's Room. The creation of this district is an implementation item in the 2008 Master Plan. The map has not been submitted yet. Previous approval of the Jefferson Mill has long since expired, and they will have to go through the whole process again. More information to come.
OTHER BUSINESS:
• O. Lies: He asked P. Harding for a copy of TCC meeting minutes. She will have to check the meeting minutes from TCC. He asked if the Planning Board has a 'slush fund'. C. Stanovich said 'no'. He requested that the Energy and Windmill by-law, be discussed at another Planning Board meeting.
• M. Wronski: Will be speaking to the Board of Selectmen about the Master Plan Implementation Committee.
• D. Lindberg: Thought previous projects should be reviewed, since Board members have changed.
NEXT MEETING: April 28, 2009 at 7:00 PM at the Town Hall.
W. Ritter motioned to adjourn. C. Stanovich seconded. All in favor.
Adjourned 8:20 PM.
April 14, 2009 Meeting Minutes approved: June 23, 2009
Debra A. Sciascia, Recording Secretary
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