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Planning Board Minutes March 17, 2008
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, Marc Garrett, Loring Tripp, III, and Larry Rosenblum
Staff Members: Lee Hartmann and Howard Coppari
Recording Secretary: Eileen Hawthorne

Administrative Notes:   
The Board recommended approval of BOA 3484 – Hackett/McPherson, M 56, L 71-151 & 71-151A-1, 7 Pond Terr. – Special Permits to waive side setback requirements and to enlarge a non-conf. structure in order to construct a 3’x12’ one- story addition.
The Board recommended approval of BOA 3482 – Mark Sinn, Map 49, Lot 1-2A-2, 46 Massasoit Ave – Special Permit to waive the front setback requirements in order to construct a 20’x20’ garage.
The Board approved the vote of site plan approval with conditions for B547 – Cordage Park Smart Growth Development.
Larry Rosenblum moved for the Board to approve the above listed administrative notes as presented; the vote was unanimous (3-0).  

The Board requested that the minutes of March 3, 2008 be removed from this week’s administrative notes and moved to the next Planning Board Meeting.  

BOA 3480 – Balboni LLC
        61A and 61B Nicks Rock Road, M 32, L 22-3
Marc Garrett recused himself from this review of BOA 3480 and left the room.   
Loring Tripp arrived during the presentation.  
William Shaw, Associated Engineers, presented a request for a special permit to construct three units of elderly housing and convert the existing duplex to elderly housing for a total of five age-restricted units on a two acre site.  Municipal sewerage and best management practices for drainage will be utilized.   The Design Review Board was supportive of the proposed architecture and asked that the mailbox and plantings make a statement at the entrance to the site.  There will be no visibility of the structures from the street.  There will be no impact to the school system, no traffic issues and is an appropriate density for this particular site.  
Lee Hartmann stated that staff had some concerns that this may open a number of similar petitions like this coming before the Town.  Mr. Hartmann suggested that the discussion on this petition should include how to monitor and enforce the age-restricted component and what would happen if the units were vacant and unmarketable as elderly housing.   
Larry Rosenblum asked what is allowed as- of-right on this site.  
Mr. Hartmann replied that the existing two-family is what is allowed under the bylaw.   
Mr. Rosenblum suggested two alternatives:  either don’t recommend approval of the special permit or put in place an enforcement condition.  
Mr. Shaw stated that the age-restricted units would be rental units and restricted through the special permit or if changed to condo units, would be deed restricted through the condominium documents.
Loring Tripp felt that restrictions either through mortgages, leases, deeds and/or the condominium association would be effective.  
Malcolm MacGregor suggested being proactive by requiring that a monitoring mechanism be part of the conditions.  A list of owners/residents could be submitted to the Town on a regular basis.   
Lee Hartman suggested a monitoring requirement similar to the one utilized by the Affordable Housing Trust could be used by the building department.      
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:  
The Planning Board will review the final plans pertaining to the grading of the new structure; proposed erosion control measures for the area of disturbance; and architectural details for the building with final review by the Board of Appeals.
The Planning Board would like for an annual monitoring process to be developed to verify the age of the residents acceptable to the Building Official.
The Planning Board will review a covenant that deals with the ability to monitor and enforce the five age restricted housing units proposed for this site with final review by the Board of Appeals.
Prior to an Occupancy Permit being issued, a Registered Professional Engineer must certify that the drainage system, driveways, curbing, and parking areas have been installed properly and in compliance with the approved plan and the Special Permit.
The vote was unanimous (3-0).

Loring Tripp moved to adjourn at 7:30 p.m.; the vote was unanimous (4-0).

Respectfully Submitted,




Eileen M. Hawthorne                                     Approved:  March 31, 2008
Administrative Assistant