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: Lee Hartmann, Valerie Massard and Caroline Quidort
Recording Secretary: Eileen Hawthorne
Form A’s:
A4243 – Map 88, Lots 42 (10.9A) and 50A (2.99A), Long Pond Road – subdivide to create lots 42-1 (129,488 sf), 42-2 (162,080 sf), and 42-3 (324,724 sf)
Paul McAlduff moved for the clerk to sign the plan; the vote was unanimous (5-0).
A4244 – Map 103, Lot 14K-43 (14.86A), Resnik/Industrial Park Rds. – subdivide into lots 14K-158 (1.43A), 14K-159 (8.80A), and 14K-160 (4.63A)
Larry Rosenblum moved for the clerk to sign the plan; the vote was unanimous (5-0).
Update
Cedarville Steering Committee
Keven Joyce presented an update of the projects and issues that the Cedarville Steering Committee has been reviewing. During the past year, the Committee has reviewed and made recommendations to the Planning Board on the proposed residential units and commercial expansion on property owned by the British Beer Company, a proposed windmill on a residential property off Center Hill Road, and the proposed Marylou’s Coffee Shop on Hedges Pond Road. The Committee has met with the Cedarville Sagamore Business Association regarding an update of their organization and the Annual Family Fun Day at the Elmer Raymond Playground; the Open Space Committee regarding their Town Meeting articles; George Crombie regarding issues at the Cedarville dump, changes in the Cedarville DPW site, work to be done on the basketball and tennis
courts; and the Fire Department presented a short film about the response time and time frame of a residential fire and answered questions regarding unmanned fire stations. In honor of Jeffrey Burgess, a fallen Marine from Cedarville, a memorial was dedicated at the Indian Brook School. The flyover at the Sagamore Rotary should be completed in May, 2007 and the dedication plaque for the Little Red Schoolhouse should be completed in the spring of 2007.
Larry Rosenblum asked whether the subject of residential sprinklers had been discussed with the Fire Department.
Paul McAlduff replied that they did not show the part of the film regarding residential sprinklers, but that he did request that the film be presented to the Planning Board at a future meeting.
Mr. Tripp was concerned that due to budget cuts, the fire department has minimum manning of the stations and is not able to offer overtime to provide coverage. Mr. Tripp stated that a town that includes a power plant should have adequate emergency coverage.
Marc Garrett asked if the village center master plans were an adequate tool for the committees.
Mr. Joyce felt that the master plans were a good tool.
Paul McAlduff said that the master plan called for Cedarville to add another beach and this has been accomplished with the recent addition of the Center Hill Preserve.
Lee Hartmann stated that there is not enough staff available for full blown revision of each master plan, but that staff would be available to assist the steering committees with maps, data collection, copies, etc.
Public Hearing (cont.)
Rezone Cherry St. – LI to MC
Atty. Lawrence Winokur presented a petitioned article for Town Meeting Lots 8B-2A, 8B-2B, 8B-2C, 8B-3, and 8B-5 on map 102 and Lots 1-332, 1-227, 1-228, 1-229, 1-230, 1-231, and 1-232 on Map 3 from Light Industrial to Mixed Commerce. The current uses of the 4.0 acre property include a junk yard, towing business, auto body shop, and residences. Rezoning the property would allow for retails uses and less intense industrial uses, many of which would require a special permit. Rezoning would also create an incentive for clean up of the junk yard and auto body shop. There is a sewer main near the site and water is available. There is a corridor traffic study being done for the area. Cherry Street is 24 feet wide and sight distance is adequate. Atty. Winokur felt that the proposed change would be an
improvement to the area.
William Shaw, Associated Engineers, stated that there was a feasibility study done for the abutting Concord Electric. The existing wall at the rear of Concord Electric could be removed and re-graded.
Lee Hartmann stated that the change would allow an increase in retail use or allow for a car dealership as an alternative to the salvage junkyard.
Loring Tripp was concerned with the re-grading and remediation it would take to minimize the impact of the existing block wall. Mr. Tripp suggested that the site might be appropriate for office space. He also suggested that there should be an MOU as part of the rezoning that requires the removal of the junkyard and the clean up of the site.
Paul McAlduff was concerned that removal of the existing block wall would require substantial gravel removal. Mr. McAlduff suggested that planting of trailing vegetation from the top of the wall might be more appropriate. Mr. McAlduff was concerned with the traffic at the intersection of the proponent’s driveway and Industrial Park Road. He hoped that it would be addressed by the corridor study.
Paul McAlduff moved for the Board to recommend approval to Town Meeting.
Marc Garrett had concerns about rezoning the site without knowing the extent of the contamination, the scope of the clean up, and how much sand and gravel would have to be removed. Mr. Garrett felt that it might be premature to rezone the site now, but asked if the rezoning would make the site more attractive to developers.
Mr. Shaw stated that the property has been in single ownership for a long time and they have not identified site issues yet.
Atty. Winokur replied that the retail component would make it more attractive to a developer. He also stated that a 21E study has not been done. If the site is contaminated, they would have to clean up the site.
Larry Rosenblum felt that it might be premature to rezone the site now. Mr. Rosenblum felt that the entire area should be reviewed to determine the highest and best use. He felt that he didn’t have sufficient information to make an informed determination.
Malcolm MacGregor felt that some uses in the MC zone would be appropriate, but he would not support a zoning change that would allow a planned shopping center.
Mr. McAlduff withdrew his motion.
Atty. Winokur suggested continuing the public hearing.
Paul McAlduff moved to continue the public hearing to January 29, 2007 at 7:15 p.m.
Mr. Rosenblum suggested that the site could be an industrial park or a wind farm if the abutters were included in the rezoning.
Atty. Winokur stated that the Campbell family, owners of the abutting radio station and surrounding land, are not interested in rezoning their property.
Mr. MacGregor stated he would not support anything with retail, but could support a hotel or an office building.
The vote was unanimous (5-0).
7:30 BOA 3396 – Daniel Galvin
Snowberry Lane/SP for Access
Valerie Massard presented the petition for a special permit for access way in order to demolish two existing camp buildings and construct one single family home on property shown on Map 74 as Lots 33-62 and 33-63. Ms. Massard reviewed the photographs of the existing conditions from Bartlett Road, along Snowberry Lane. The existing way is a 10 foot right of way and is adequate for one vehicle to travel. A pull out could be provided in front of the petitioner’s property. There are existing drainage issues. The Fire Chief has met with the petitioner, but no confirmation of the results of that meeting has been received. No improvements to the existing way are shown on the plan. There is an existing water main approximately 100 ft from property. Ms. Massard referred the Board to staff’s proposed conditions that could be recommended to the Zoning Board of Appeals which would require the petitioner to return with plans showing road improvements prior to the issuance of any
permits.
Marc Garrett asked if the minimum access should be 16 ft.
Ms. Massard replied that minimum access could be reduced to 14 feet on a road not heavily traveled, based on past interactions with the Fire Chief.
Malcolm MacGregor suggested that the road should remain a gravel way.
Larry Rosenblum suggested minimizing the road width and bringing the road to gravel road standards. Mr. Rosenblum stated that crowning the road would help to alleviate the ponding issues.
Valerie Massard suggested that there should be a site walk with DPW and the petitioner’s engineer to review the access to the site.
Loring Tripp asked about the conditions of the two cottages.
Dan Galvin replied that they are technically considered camp style buildings. They have stoves, stoves, sinks with buckets and no bathrooms.
Marc Garret asked if the road is only a 10 foot right of way, could the Board require improvements on other properties to widen the access and would the petitioner have to gain the permission of other land owners for any improvements outside the right of way.
Ms. Massard replied that only the right of way improvements could be conditioned. Ms. Massard also suggested that the right of way should be shown on the plan.
Marc Garrett moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to the issuance of a building permit, the Petitioner shall submit a plan, conforming to the Town’s standards, to the Planning Board for its approval under Chapter 41, Section 81(P) which combines the two lots with an explicit reference to this Decision.
Prior to the issuance of a building permit, the Petitioner will provide plans prepared by a Registered Professional Engineer which show improvements to address drainage and surfacing, as required by the Board of Appeals. The Fire Chief and Town Engineer or Town’s consulting engineer shall review and approve the proposed road and drainage improvements, and said improvements shall be reviewed by the Planning Board with final approval by the Zoning Board of Appeals.
Prior to the issuance of a building permit, said improvements are to be installed under the supervision of a Registered Professional Engineer. The engineer must certify that the improvements noted above have been installed in accordance with the conditions noted herein and accepted installation practices.
Only one single-family home shall be constructed.
The vote was unanimous (5-0).
7:45 BOA 3397 – Sovran Acquisitions LTD
Holman Rd/Modification of SP 2709, 2756, 2995 for storage building
Atty. Edward Angley began the review of a petition for modification of existing special permits (#2709, #2756, and #2995) in order to expand an existing storage facility by adding a two-story, climate controlled metal storage building with associated access drives and utilities on property shown on Map 89 as Lot 34F-14, at the end of Holman Road.
Renny Chapman reviewed the site plan showing the existing storage buildings and the location of the proposed 15,000 sq. ft. two-story building with the driveway upgrade to provide access to the second level. The building will be cut into the existing slope. The grade of this site is approximately 40 ft. lower than Home Depot. A retaining wall will be constructed along the driveway and trees will be planted at the rear of the property. Drainage swales at the rear of the property will run along the driveway to drainage pits. Utilities exist on site.
Atty. Angley stated that they have met with the Fire Department and will install a hydrant close to the building.
Ms. Massard suggested that the plantings to buffer the rear of the property should be installed prior to occupancy and a performance guarantee should be required for the landscaping. Ms. Massard was concerned that the property is in an aquifer area and the petitioner should consider tying into the existing drainage, that the drainage design may not meet thte aquifer bylaw without changes.
Malcolm MacGregor suggested piping the drainage to the existing wetland area.
Loring Tripp asked whether there could be a future connection to Holman Road from Home Depot Drive.
Atty. Angley stated that the future connection would still be viable.
Mr. MacGregor asked where the mechanicals for the building would be installed.
Mr. Chapman replied that they would be installed within the first floor of structure.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
Prior to issuance of a Building Permit, the proposed drainage shall be reviewed and changed, if needed, in order to establish consistency with the Aquifer Protection requirements per Section 205-57 of the Bylaw.
The Petitioner has agreed to install a hydrant near the new building to satisfy the request of the Fire Chief. This shall be shown on the plan.
The Petitioner has agreed that he will loam, seed and plant the slope as proposed prior to a certificate of occupancy, and shall place a two-year performance guarantee in a form approved by the Board of Appeals against the landscaping to ensure that it is properly established.
The vote was unanimous (5-0).
Minutes:
December 18, 2006
Paul McAlduff moved to approve the minutes of December 18, 2007 as presented; the vote was unanimous (5-0).
Administrative:
B475 – Watercourse Place – Confirmatory Release
Paul McAlduff moved for the Board to endorse a confirmatory release for the Watercourse Place subdivision in order to correct a marginal reference that was incorrect on the original release; the vote was unanimous (5-0).
B524 – Orchard Hills – Lot Release
Marc Garrett moved to release lots 15-1 thru 15-7 and 15-16 in the B524 - Orchard Hills subdivision; the vote was unanimous (5-0).
Chapter 40B Housing Team Article
Loring Tripp moved for the Board to send a letter to the Governor regarding the potential impact of the pending Chapter 40B projects in the Town.
Marc Garrett requested that a draft of the letter be reviewed by the Board.
The vote was unanimous (5-0).
Other Business:
Special Meeting – Independence Mall Proposal
Lee Hartmann presented plans that the Kingston Planning Board was reviewing this evening for an expansion of the movie theaters at the Independence Mall.
The Board agreed to invite a representative of the Independence Mall to present their expansion plans to the Board in light of all the activity in the area.
Larry Rosenblum informed the Board that there is a long term zoning reform effort before the Legislature. Mr. Rosenblum suggested that the Board invite Don Kurin to give an overview of the potential zoning reform at a future meeting-.
Paul McAlduff moved to adjourn at 8:45 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: January 22, 2007
Administrative Assistant
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