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Planning Board Meeting
August 8, 2005
Minutes
These minutes are not verbatim - they are the secretary's interpretation of what took place at the meeting.- Open Meeting Law - Section III.
Board Members: Nicholas Filla, Larry Rosenblum, Malcolm MacGregor, and Paul McAlduff.
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Form A's:
A4153 Revised - (Signed by the clerk 7/11/05) Lot line adjustment plan- Lot numbers changed at the request of the applicants, with the approval of Town Engineering.
Paul McAlduff moved for the clerk to sign the revised plan; the vote was unanimous (4-0).
Nye Acres - Street Name
Peter Fantoni, Cornerstone Properties, addressed the Board in regards to the street name for Nye Acres Condos. The suggested name for the roadway is "Papa's Hollow". Mr. Fantoni explained to the Board that the name was chosen to honor the previous owner, David Calhoun, who has been called "Papa" by the neighborhood.
Malcolm MacGregor suggested erecting a sign on the property in honor of Mr. Calhoun and to explain the name of "Papa's Hollow".
Paul McAlduff moved to approve "Papa's Hollow" as the road name for the Nye Acres Condos; the vote was unanimous (4-0).
BOA 3308 - Stephen L Good Trust
Osprey Lane/appeal individual building permit for SFH
Lee Hartmann began the presentation for a request to overturn the Building Commissioners decision to issue a zoning permit allowing for the voluntary demolition of an existing dwelling and the construction of a new single-family dwelling. The abutter's attorney states that since the lot is not vacant, and since the structure will be voluntarily demolished, the lot loses the zoning protection afforded it under M.G.L. 40A, Section 6.
Atty. Richard Serkey, representing Stephen L Good Trust, addressed the Board. Atty. Serkey stated that the existing dwelling is a one story structure (12 ft in height) of approximately 703 sq. ft. and the new structure would have a footprint approximately twice that size and be 35 ft in height. The purpose of the appeal is to require a review through the special permit process, not by right as approved by the building commissioner. As this is a voluntary demolition, the new dwelling is not a reconstruction of the existing dwelling, but a replacement of the existing dwelling and should require a special permit.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals of the recommendation to uphold the Building Commissioner's decision based on the following reason:
A Town's Zoning Bylaw can be more permissive than state law. For example, the minimum lot size noted in Chapter 40A Section 6 (Non-conformities) is 5,000 square feet. Town's can and do allow for lots below this state established lot size. The Town language for non-conforming structures is more permissive than the state language and states that the reconstruction of a single-family residential structure shall not be deemed to increase the nonconforming nature of said structure if it is in conformity with the following minimum standards:
(a) Front yard: 20 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 10 feet.
The vote was (2-2) with Larry Rosenblum and Malcolm MacGregor in opposition. No action was taken.
Public Hearing - Pinehills LLC
Modification of Def. Subdivision/Island Rock
Nicholas Filla read the public hearing notice and opened the public hearing.
Valerie Massard presented the modification of the subdivision for Island Rock, which revises the end of an existing road. The end of the road is currently squared off. The proposed revision would create a teardrop shape at the end of the road for better turnaround and eliminate a building lot, which would be added to the open space.
Paul McAlduff moved to close the public hearing; the vote was unanimous (4-0).
Paul McAlduff moved to approve the modification of the definitive subdivision plan; the vote was unanimous (4-0).
BOA 3309 - Richard Greenwood
Brewster Street/SP vary side setbacks, enlarge non-conforming
Atty. Cricket Withington, representing the applicant, presented the petition for a special permit in order to construct a deck in front of the residence at 22 Brewster Street, which would encroach on the front setback requirements. Atty. Withington stated that this house is the only one in the neighborhood without a front porch or deck arrangement.
The Board was concerned with the side setback requirements for the porch that overhangs the lot line by one foot (the abutting lot is under the same ownership). The Board requested clarification from the Building Commissioner regarding the side setback requirement and the lot line issue.
Malcolm MacGregor moved to continue the review of this petition to August 15, 2005 at 7:05 p.m.; the vote was unanimous (4-0).
BOA 3306 - Colony Place
Modify Sign Permit & Advisory Site Plan Review
Atty. Edward Angley began the site plan review and signage for three new businesses proposed for Colony Place. The businesses are T.G.I.Friday Chris Jones, Carol Johnson Associates, Landscape Architects, presented the plans and elevations for the Phase Two, unified campus, which would include T.G.I.FridayNicholas Filla suggested adding the brown banding to the rear of the Friday's store to make the sign standout and be more consistent with the other sides of the building. The applicant agreed.
Bob Rechtner presented the proposed signs for Office Depot, which are consistent with other signs on that building.
Valerie Massard agreed that the signs are consistent. Ms. Massard suggested that Carol Johnson Associates review all three landscaping plans to insure that they are consistent with the overall site.
Larry Rosenblum questioned whether the restaurants had provisions for seasonal outdoor dining.
Mr. Rechtner showed the plan that detailed the outdoor seating for Red Robin. T.G.I.FridayPaul McAlduff moved to recommend approval to the Zoning Board of Appeals of the site plans for T.G.I.Friday's, Red Robin, and Jared subject to the following conditions:
A final landscaping plan and architectural details showing the exterior lighting and signage shall be provided to the Board of Appeals, subject to informal review by the Planning Board, for final approval prior to commencement of any vertical structures being built for the Jared building. The Jared building will have accessible pedestrian walkways to the entrance and will have landscaping between the sidewalk and the building. The recommendations of the Design Review Board (DRB) with respect to architectural details will be incorporated into the final plans.
The Jared and Red Robin trash receptacle and service areas shall be appropriately screened, and shall be provided on the final plans noted above.
The landscaping for Jared's shall complement and be consistent with that of Red Robin, given their proximity between the two buildings.
Review and approval of landscape materials for all buildings by Carol Johnson Associates to ensure that the plants are available locally and will thrive in the northeast environment. All landscaping materials shall be consistent in size (caliper, gallonage, sod, turf) to that being used for the overall site.
Rooftop mechanicals to be blended with the architecture to the extent practical to reduce visibility to the satisfaction of the Board of Appeals.
Comments of DRB shall be met to the satisfaction of the Board of Appeals.
The PETITIONER has agreed to dress up the T.G.I. FridayThe vote was unanimous (4-0).
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals of the signage for Office Depot, T.G.I. FridayLIGHTING:
The lighting for the proposed sign must comply with the Prevention of Light Pollution Bylaw.
The lighting method for Office Depot's architectural sign is to result in overall light value range of 5,000 - 83,800 lumens. Final photometrics and lighting details are to be approved by the Board of Appeals prior to a Certificate of Occupancy being issued for this tenant.
The Phase 2C buildings: Red Robin, T.G.I. Friday's and Jared will have similar light value ranges (value range of 5,000 - 83,800 lumens) so that illumination of the signage will be consistent and in keeping with the overall Master Planned Shopping Center. Final photometrics and lighting details are to be informally approved by the Board of Appeals prior to a Certificate of Occupancy being issued for these buildings.
The wattage of the individual outdoor light fixtures to provide the washed uplighting described in the original special permit is at or less than the criteria above, and are therefore exempt. Any deviation from this originally presented uplighting would require a modification to the special permit.
FUTURE MODIFICATIONS:
Future modifications to modify the sign special permit (BOA Case #3283) under Zoning Board of Appeals administrative review and approval of subsequent signs without formal petition for modification of the special permit shall be consistent with the lighting and design standards as described in the original special permit and shall be subject to similar conditions as those noted in Conditions contained herein and in the context of the comments on the various signs to date.
The vote was unanimous (4-0).
Appointment - Mulligan Homes
Camp Child Settlement
The Board, Staff, residents, and representatives of Mulligan Homes (Atty. Robert Betters and Wayne DelPico) discussed the outstanding issues for Camp Child Settlement. The residents were concerned with the completion of roadwork, signage, guardrails, etc, but their main concern was the transfer of the homeownerWayne DelPico explained that the developer is waiting to do some of the remaining work at the same time the work on the roadway and the six additional lots that were approved for Bayden Path is done.
Atty. Betters explained that the Special Permit conditions that no building permits will be issued for the six lots approved under the TDR and until the control of the homeowner's association is transferred to the residents. The Special Permit is currently under appeal, which is delaying the transfer to the homeowner's association because those six lots have to be incorporated into the homeowner's association.
Nicholas Filla suggested that the entrance sign for the development could be completed, as it is not a construction item.
Larry Rosenblum suggested that the developer provide a timeline for the completion of outstanding work.
The residents felt that the completion of the remaining work is not contingent upon the resolution of the appeal.
Nicholas Filla questioned whether the homeowner's association could be turned over regardless of the appeal.
Atty. Betters stated that the road and the additional six lots are part of what would be turned over to the association and the layout of the continued road and additional lots has not been completed. The association documents could be drafted reserving the rights to amend to include the road and the six lots. Atty. Betters agreed to explore that possibility.
The Board continued the discussion to September 12, 2005.
Minutes:
Minutes of July 11, 2005
Paul McAlduff moved to approve the minutes of July 11, 2005 as presented; the vote was unanimous (4-0).
Administrative:
Lee Hartmann presented a draft charge for the Obery Street Master Plan Committee.
Nicholas Filla suggested making the committee a nine-member committee.
Malcolm MacGregor moved to approve the charge with the addition of Regional Civic Center to Paul McAlduff moved to appoint Larry Conley, Virginia Davis, William Marani and Richard P. Sullivan to the Obery Street Master Plan Committee; the vote was unanimous (4-0).
Larry Rosenblum moved to appoint Nicholas Filla as the Planning Board designee; the vote was unanimous (4-0).
Site Plan Review Malcolm MacGregor moved to recommend approval of the site plan as presented to the Building Commissioner; the vote was unanimous (4-0).
B507-Preserve at Halfway Pond
Valerie Massard presented the request for a bond reduction of the remaining funds plus interest held for B507, Preserve at Halfway Pond, contingent upon the receipt of the deed for the transfer of the open space parcel.
Paul McAlduff moved to reduce the bond as requested; the vote was unanimous (4-0).
Priscilla Beach Road Improvement Plan
Malcolm MacGregor moved for the Board to endorse the plan; the vote was unanimous (4-0).
B430 - Clark Estates
Valerie Massard presented the request for a bond reduction for the older phases of B430, Clark Estates.
Larry Rosenblum moved to reduce the bond held to $25,500; the vote was unanimous (4-0).
Malcolm MacGregor moved for the Board to send a letter to the Governor regarding the conditions at Exit 7 and the lack of response from Mass. Highway.
Larry Rosenblum moved to include in the letter the lack of response from Doug Foy, re: transportation and a housing, and Chapter 40R; the vote was unanimous (4-0).
Paul McAlduff moved to adjourn at 9:10 p.m.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne
Administrative Assistant Approved on: August 15, 2005
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