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Planning Board Minutes August 21, 2006
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: Malcolm MacGregor, Paul McAlduff, Loring Tripp, III, Larry Rosenblum, and Marc Garrett.
Planning Board Alternate: Timothy Grandy
Staff Members: Valerie Massard
Recording Secretary: Eileen Hawthorne

Malcolm MacGregor and Valerie Massard introduced and welcomed Patrick Farah, the new Planning Technician.

Form A’s: None

Public Hearing (cont.)
        B539 – 292 Summer Street
Malcolm MacGregor continued the case to 8:00 p.m., until Timothy Grandy could be present.

BOA 3380 – Crehan
        Allen Court
Valerie Massard presented a request for special permits in order to waive the front setback requirements for a14’x26’ addition, the side and rear setback requirements for a shed, and to enlarge a non-conforming structure.  Ms. Massard also presented photographs of the site and the surrounding neighborhood.  The shed has been constructed without permits.  
Tom Crehan stated that the shed was constructed in an area where there are no other structures and would be difficult to move as it is on 4 ft. cement footings which are surrounded by a stone wall.  
Marc Garrett questioned when the shed was built.  
Mr. Crehan replied that it was built over a five month period and finished approximately two months ago.
Larry Rosenblum asked if permits were obtained for the smaller shed.  
Mr. Crehan stated that permits were not requested for either shed.  
Ms. Massard informed the Board that permits were originally pulled in 1988 for the smaller shed, which the applicant recently reconstructed.   
Mr. Rosenblum suggested looking at the addition and shed issues separately.  He also asked if there was a design for the addition yet and suggested creating a more formal façade.  He also questioned whether Mr. Crehan was aware that he needed to obtain a permit for the shed.  
Mr. Crehan stated that he is in the process of finding an architect for the addition and that he was unaware that he need a permit for a shed that had no electricity or plumbing.  
Paul McAlduff stated that he has moved a shed before, so this could be done.  He was supportive of the special permit for the addition, but not the shed.   
Larry Rosenblum moved to recommend approval of the special permit for the addition to the Zoning Board of Appeals subject to the following conditions:
The plans be revised: to show the Assessor’s Map and Lot numbers, existing lot lines, and plan references should include registry or land court information so that they can be located.
Architecture of the addition should be in keeping with the surrounding neighborhood and existing dwelling, and shall not exceed the height requirements of the zone.
The vote was unanimous (5-0).
Loring Tripp moved to recommend approval of the special permits relating to the shed to the Zoning Board of Appeals; the vote was (2-3).  
BOA 3381  - Lewis
        Haskin/McKay Streets
Russell Stefani presented the request for a special permit for accessway in order to construct a single family home on Map 27, Lots 55-141, 55-142, and 55-290.  Mr. Stefani stated that the applicant has reviewed the proposed conditions and has no objections.    
Valerie Massard presented a topographical plan of the area, which is located in John Alden Park.  The area is a pre-existing subdivision consisting of many small lots.  The Zoning Board of Appeals has in the past approved several similar petitions.  Ms. Massard stated that she would like the Town Engineers to review the plans and the proposed drainage.  
Larry Rosenblum was concerned that granting this special permit for accessway could open other areas for development.    
Ms Massard stated that there is a map available that shows the existing and potential development in the area which could be made available.
Larry Rosenblum moved to continue  the review of this case to August 28, 2006; the vote was (3-2).  

Administrative:
B500 – Luzetta’s Way
Loring Tripp moved to release $500.00 for the work completed in the B500 – Luzetta’s Way subdivision; the vote was unanimous (5-0).  

B532 – Duck Plain Road
Paul McAlduff moved to endorse a termination of the existing covenant with the previous owners of the B532 – Duck Plain Road subdivision and enter into a new covenant with the new owner of the property, Adriano Cimbron: the vote was (4-0-1) with Loring Tripp in abstention.

B524 – Orchard Hills
Paul McAlduff moved to release lot 15-1 in the B524 – Orchard Hills subdivision for the construction of a model home only: the vote was unanimous (5-0).

Paul McAlduff requested that the Open Space Committee be invited to a future meeting in order to present their articles proposed for Fall Town Meeting.

Paul McAlduff stated that the Affordable Housing Committee would like to make a presentation to the Board on the guidelines and issues that they are working on regarding affordable housing in the Town.

Master Plan Implementation
Lee Hartmann requested that the Board review the Master Plan Implementation information that was in their packets and determine their high, medium and low priorities.   The Board of Selectmen will be asked to do the same.  All information submitted will be reviewed and combined with the strategy report to set the priorities for the implementation of the Master Plan.   
Malcolm MacGregor requested that the Master Plan implementation document be sent to each Board member via e-mail.   

Conceptual Review
McKenna – 100 Sandwich Rd – Map 47, Lot 21 C
Randy Parker, Land Management Systems, Inc. presented two conceptual plans for a 6.5 acre parcel on Old Sandwich Road.  There is an existing single family home with a separate office structure located at the front of the site.  The first conceptual plan showed a cul-de-sac road with three lots, each having a duplex structure for a total of six residential units.  In the first scenario, the existing office structure would be relocated.  The second scenario, which is the preferred plan, showed a common driveway splitting into three driveways to accommodate a total of three single family homes (one existing and two additional structures).  In this scenario, the office structure would remain at the front of the site.  In both scenarios, there would be a fifty foot buffer along the south side of the property and a large portion of the property that abuts the Eel River would be subject to an open space or conservation restriction.   The conceptual plan has been designed to preserve the watershed and priority habitat areas and to provide buffering from the surrounding homes.  
Richard Vaughn was concerned with the proposed project and asked for clarification on the location of the proposed two single family homes.
Mr. Parker reviewed the proposed plan.
Cricket Withington questioned how the building locations were determined and whether the entire parcel would be subject to a condominium master plan and whether a condo association would oversee the open space or conservation area.
Mr. Parker replied that the building locations were determined according to the topography of the site and the desire to stay away from existing structures, as well as, preserving the watershed and priority habitat areas.   Mr. Parker stated that it has yet to be determined whether the entire parcel would be subject to a condominium master plan or done under an RDD; under either scenario, a great percentage of the lot would be preserved under open space or conservation restrictions.  
Brenda Balboni questioned whether there would be one driveway or road off Sandwich Road.  
Malcolm MacGregor stated that there would be one driveway or one road with a turnaround if the subdivision plan is submitted.
Kerry Vaughn, questioned the amount of conservation area.
Mr. Parker stated it would be approximately half the property.
Frances Bean asked for clarification on the process and the proposed plan.  
Malcolm MacGregor explained the conceptual review process and how the proposal would proceed through the subdivision process
Lee Hartmann stated that the conceptual review process creates a  framework for the Board to work with an applicant and determine whether the density is appropriate, what the alternatives for a site are, whether a driveway or road is preferable, what areas should be protected, buffered, etc.    
Allen Simonson was not supportive of the multifamily alternative.   
Dick Bean questioned what the land requirements for the office structure were.
Mr. Parker answered that as an accessory structure, there are no land requirements other than the 40,000 sq. ft. for the single family home.    
Catherine McKenna stated that it is a home office which has no running water installed.    Ms. McKenna stated that she originally applied to put a guest house on her property, but was that was not allowed, so she is exploring other alternatives.  
Marc Garrett suggested the applicant look into other alternative in regards to placing a conservation restriction on the land.  Mr. Garrett stated that it is hard to get private non-profit entities to hold the conservation restrictions in areas that are being developed.
Don Uva suggested moving the proposed houses further away from the abutting properties.   
Loring Tripp suggested moving the houses away from the neighbors. Mr. Tripp suggested that the office be relocated to the rear of the existing structure and one of the houses be constructed where the office is currently.  This would also allow the other new house to be located further from the abutting houses.   
Larry Rosenblum suggested clustering the structures closer together or moving one to the office site.  
Paul McAlduff was supportive of moving one of the units to the office site.  
Christopher Vaughn was concerned with the structures blocking his view and insuring that there is adequate access for emergency vehicles.  
Mr. Parker stated that the next step would be to visit the site, mark the topography and review the location of the buildings.  



Public Hearing (cont.)
292 Summer Street
Timothy Grandy joined the public hearing as Mr. McAlduff was not present for the beginning of this hearing.
Joshua Bows presented the revised drainage plans and calculations for the site.  A low point which collects the runoff was not shown on the original plan.  DPW and Earth Tech have requested the installation of catch basins and drywells.   
Valerie Massard presented a map that detailed some drainage alternatives to what has been proposed.  DPW and Earth Tech have some concerns with where the runoff from the impervious surfaces and roof drains would be contained.    DPW has suggested that no drainage should be directed to the open space lot and would like an access easement for the rear of the existing drainage pipe.   There are also some concerns vegetation blocking sight distances which needs to be marked and maintenance of loam and seeding in the area.   
Larry Rosenblum was concerned that the modifications would require the excessive grading and reshaping of the land and the loss of vegetation.
Malcolm MacGregor questioned what would be done with the open space and whether a small parking area could be provided.    
Ms. Massard replied that the open space would provide a link to Morton Park from Summer Street.  It could provide the possibility of a trail link.   The possibility of a parking area would have to be reviewed with DPW and the neighborhood.
Marc Garrett had some concerns with the maintenance of vegetation in the area adjacent to the street which is the public.  He felt that an agreement should be made with the developer and included in the conditions of the special permit.  
Ms. Massard suggested the area could be loamed and seeded and made easier for the Town to maintain.  Ms. Massard also suggested that a site visit would be appropriate to review what is necessary to provide adequate sight distances.  
Loring Tripp was concerned with the drainage affecting the abutting property and the long term drainage issues.  
Ms. Massard stated that revised drainage calculations would have to be addressed.
Larry Rosenblum requested that a landscape plan be submitted.  
Tim Grandy requested that the drainage calculations be reviewed by the Town engineers and Earth Tech.   
Marc Garrett requested a drainage design, operation and maintenance plan.  Mr. Garrett suggested that some soft drainage structures could be utilized.   
Joshua Bows requested that the drainage concerns be addressed during the site plan review. Mr. Bows stated that the flooding on the abutting property comes from street runoff into their front yard.  He requested that the Board close the hearing and condition the drainage.  
Loring Tripp moved to continue the public hearing to September 18, 2006 at 7:15 p.m.; the vote was unanimous (5-0).

Minutes:
None

Paul McAlduff moved to adjourn at 8:55 p.m.; the vote was unanimous (5-0).

Respectfully Submitted,




Eileen M. Hawthorne                                             Approved:  August 28, 2006
Administrative Assistant