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04/27/2010
Planning Board Meeting Minutes
April 27, 2010
Memorial Town Hall

Members Present:        D. Lindberg, W. Ritter, A. Bonofiglio, O. Lies, M. Wronski, Jeffrey Head

Others Present:         P. Harding, Town Planner, D. Sciascia, Recording Secretary

7:00 PM the Planning Board meeting was called to order by D. Lindberg.

PUBLIC HEARING / AQUIFER PROTECTION BY-LAW - Amendment to Zoning By-law Aquifer Protection District:  The By law and map were included in the Boards packets.  Changes to the current by-law are noted in red.  Nothing has changed from the by-law distributed at the April 13 meeting.

J. Zingarelli describe the changes that DEP requested on the map and written By-law, and P. Harding explained changes made by Town Counsel.

W. Ritter motioned to close the Public Hearing.  J. Head seconded.  All in favor.

W. Ritter motioned to approve as amended by Town Counsel.  J. Head seconded.  All in favor, vote 6-0.

PUBLIC HEARING / Definitive Subdivision Extension of Time, Hill Woods Estates, High Ridge Road, LAM Builders:  This development was permitted under the Affordable Housing By-law, and contains nine units.  Two of the units are designated as affordable.  Low Impact Development Techniques were utilized to meet stormwater management standards.  This includes planting beds and the elimination of curb in the roadway.

Three market rate units and one affordable unit have been constructed.  The subdivision approval is for the creation of the cul-de-sac and the end of High Ridge Road.  The remainder of the roadway was approved under a special permit, and will remain under private ownership of the condominium association.  The public information session for the affordable units is scheduled for May 4th, at 6:30 p.m. at the Holden Housing Authority, 9 Flagler Drive.  The lottery has been scheduled for June 15, 2010 at the same time and location.

LAM Builders informed the Board that someone wants to purchase a duplex building.  They want to change a triplex into a duplex and one single.  The single will be an affordable unit, and similar to the other units.  The Board agreed that they will need revised plans.  W. Ritter said this requires a Public Hearing.  The abutters are entitled to know about a change to the plans.  The Public Hearing may take place while DHCD is reviewing the plans.

P. Harding informed the Board that there is a notice from the Treasurer’s Office that a tax bill needs to be paid before a decision is reached.

W. Ritter motioned to continue the Public Hearing to May 11th.  O. Lies seconded, all in favor.  Vote 6-0.

STREET ACCEPTANCE – Town Meeting:
  • Sheffield Way Extension - Sheffield Way:
  • First 3 DMH's are too high – unacceptable.
  • Berm does not meet height of granite headers – unacceptable.
  • Top asphalt wearing coarse shows areas of drag, too thin - not acceptable.
  • All drainage structures appear okay, but frames are 6", 8" is required - unacceptable.
  • The property in front of 27 Sheffield Way, which previously was a cul-de-sac, must be re-loamed and seeded.
  • Surrey Lane Extension
  • Two lots remain vacant.  The required street trees have not been planted in these locations because they would be damaged during construction.  Bonds will be required for both lots prior to the issuance of any building permits.  The subdivision is ready for street acceptance.
W. Ritter suggested continuing both street reviews, for acceptance, to the next meeting.

PUBLIC HEARING – Contd., Definitive Subdivision Extension of Time, Stanjoy Estates, Stanjoy Estates, LLC:  W. Ritter recused himself from the meeting.  D. Lindberg missed the first Public Hearing, but has reviewed all the material from the previous meeting and has signed an affidavit under the Mullins Rule, allowing him to vote on the project.

A meeting was conducted with the applicant’s Engineer, Paula Thompson, the Town Engineer, and P. Harding.  Dan Hazen has reviewed the proposal, and states the design meets all stormwater standards and should result in a decrease in runoff to abutting property.  There is no way to determine groundwater conditions until the project commences.  Construction will be monitored and minor field amendments may be required by the Town to remediate any ground water, which may be encountered.

J. Zingarelli, DPW, explained the changes in design to the Board.

Public Comments:
  • Cathy Maher, 58 Autumn Cir:  Asked if more money could be added to the bond to compensate for water damages.
  • Dave Sabourin, 24 Autumn Cir:  Asked if ground water was the problem with the abutters.  P. Harding explained the situation.
O. Lies asked J. Zingarelli if the runoff is going to be reduced with this plan.  He said “yes”.

  • Dave Sabourin, 24 Autumn Cir:  He said he’s been to a lot of Planning Board and Con Com meetings, and doesn’t understand why ground water is not taken into consideration when approving these subdivisions.  He thinks the Board should be more pro-active.
Paula Thompson, Waterman Design/Stanjoy:  She explained there are standard stormwater management treatments that are required when designing a development.  J. Zingarelli stated that the Town does not have the expertise to address groundwater, and that such studies are not common and are very expensive.  It is not a standard that the town is required to look at.

J. Head motioned to close the Public Hearing.  A. Bonofiglio seconded.  All in favor.

A. Bonofiglio motioned to approve the draft of conditions, read into record.  P. Harding added a friendly amendment, condition #39, subject to DPW approval.  J. Head seconded the motion with P. Harding’s amendment.  O. Lies asked to amend condition #34, to spell out NPDES and SWPPP to read National Pollutant Discharge Elimination System and Stormwater Pollution Prevention Plan.

A. Bonofiglio seconded the motion to amend.  All in favor, vote 5-0.

ZBA RECOMMENDATIONS

Variance - 2046 Main Street, R-1 Sideyard Setback, Oxford-Michael, LLC:
Relief from the 15’ sideyard setback to allow an 11’ sideyard setback for the construction of a detached garage.

W. Ritter motioned no recommendation due to limited planning significance.  J. Head seconded.  All in favor, vote 6-0.

Variance – Main Street, Assessors Map 114/Parcel 58, R-1 Area Requirement, Gregory Zagunis:
There are two abutting lots located in the R-1 zoning district (formerly R-20).  R-20 required 20,000 square feet.  In 2000, R-20 was changed to R-1, requiring a 40,000 square foot lot.  The two lots became non-conforming in 2005 because common lot ownership provisions are enforced five years from the date of the zone change.  The two parcels are now under separate ownership and the applicant is seeking a variance to allow for a buildable 20,000 square foot lot.

W. Ritter motioned no recommendation due to limited planning significance.  J. Head seconded.  M. Wronski stated that he believes there is a planning significance.  W. Ritter explained why these come before the Board.  The reason for these reviews is basically to inform the Board of what is going on.  D. Lindberg agreed with M. Wronski.  W. Ritter motion was seconded by A. Bonofiglio.  Vote 5-1.  M. Wronski opposed.

Variance – 162 Reservoir Street, C, Signage, Ace Hardware:
Rocky’s Ace Hardware is applying to allow for a 40.7 square foot sign in the Commercial Zoning District.  The allowed size is 20 square feet.

W. Wronski motioned to send a letter to the ZBA stating that it does have planning significance.  No one seconded the motion.  W. Ritter motioned and disagreed with M. Wronski, stating that it does not have planning significance.  This is a fully enclosed commercial mall.  A. Bonofiglio seconded W. Ritter’s motion.  Vote 5-1.  M. Wronski opposed.  O. Lies recommended that P. Harding dig up some of the material regarding signage and give to J. Head and M. Wronski to review.

OTHER BUSINESS:
  • Post Office Plan:  O. Lies said that there is no drop off box to the rear of the building, and there is no directional signs in back.  P. Harding stated that there is no site plan, just the ZBA plan for a variance.  O. Lies recommended notifying Traffic and Circulation Committee.
MEETING MINUTES:
  • March 23, 2010:  O. Lies motioned to approve.  W. Ritter seconded.  A. Bonofiglio abstained.  Vote 5-0, approved.
  • April 13, 2010:  O. Lies motioned to approve.  W. Ritter seconded with a change to Stanjoy Estates.  D. Lindberg abstained.  Vote 5-0, approved.
Next Meeting:
  • May 11, 2010, 7:00 PM
W. Ritter motioned to adjourn.  A. Bonofiglio seconded.  All in favor.

Adjourned 8:45 PM.

April 27, 2010 Minutes approved:        October 12, 2010                

                                                                        
Debra A. Sciascia, Recording Secretary