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: Marc Garrett, Malcolm MacGregor, Larry Rosenblum, and Bill Wennerberg.
Staff present: Valerie Massard, Howard Coppari, and Patrick Farah
Recording Secretary: Peggy Fitzgibbons
Form A’s
Administrative Notes:
A4328 – Paul Griffin, 875 Long Pond Road – Map 113, Lot 24 – Divide Lot 24 (8.5 A) into lots 24-1 (4.63A) and 24-2 (3.67A)
Bill Wennerberg moved that the Clerk sign the ANR plan. The vote was unanimous (4-0)
A4330 – AD Makepeace, West Long Pond Road and Halfway Pond Road – Map 110, Lot 1 and Map 111, Lot 1 – Create 10 lots on West Long Pond Road and Halfway Pond Road. Transfer the lots to the Commonwealth of Massachusetts, Division of Fisheries for non-buildable purposes. The closing on the lots is scheduled for Thursday. The plan needs to be recorded in order to do the closing. The transfer will secure the preservation of the ten 3-acre lots as permitted in the special permit for River Run.
Malcolm MacGregor moved that the Clerk sign the plan. The vote was unanimous (4-0)
Appointments
BOA 3522 – Alain Roguzac
30 Briggs Road, Map 48, Lot 54-272
Randy Parker, Land Management Systems, presented a request for a special permit to waive side setbacks and to enlarge a non-conforming structure.
Howard Coppari reviewed the staff report for the project.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals. There were no conditions on this recommendation.
The vote was unanimous (4-0)
McKenna RDD Special Permit
Marc Garrett read a memorandum from Randy Parker, Land Management Systems, requesting a withdrawal of the RDD special permit.
Larry Rosenblum moved to approve the withdrawal.
The vote was unanimous (4-0).
BOA 3528 – Bennett Engineering, Inc.
11 Maguire Way, Map 120, Lots F17 & F6
Tim Bennett presented a request for a special permit to demolish and rebuild a non-conforming structure.
Malcolm MacGregor questioned the location of the home over the lot line as viewed on the GIS map.
Howard Coppari stated that the layout of the GIS map is incorrect the structure is on the lot.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals. There were no conditions on this recommendation.
The vote was unanimous (4-0)
B430 – Clark Estates - Subdivision completion timeline
Robert Betters reviewed his memorandum to Valerie Massard highlighting the outstanding issues for Clark Estates.
*Salem Five Cents Savings Bank is holding $44,138.00 for Clark Estates per the Tri-Party Agreement with Steve Webby. The funds will be transferred to Withington & Betters office and held in escrow and disbursed as work proceeds and is inspected and approved by the Town. The Planning Board needs to authorize the transfer of funds to Withington & Betters.
*Updated proposals for the paving of the remaining 550’ of Fairview Lane and associated sidewalks have been provided to the Planning Staff totaling $21,376.40. The contractors are ready to proceed as soon as the funds are received from Salem Five.
*The revisions to the as-built plans requested by the Planning staff have been submitted to Webby Engineering and are in process as are the corrective easement plans requested for Lots 15-229, 15-230 and 15-199. The title has been run for these lots and the necessary easements will be prepared when the plans are provided by Webby Engineering.
* The certification from the engineer as to the drainage facilities has been prepared and has been submitted to the Town.
Valerie Massard said that a similar escrow account was done for Pulte Homes and there were no problems.
Patrick Farah presented the Street Name Approval forms the loop road and the cul de sac. The loop road will be named Seagrass Trail and the cul de sac will be named Fountain Grass Waye.
Malcolm MacGregor moved that the transfer of funds and the road names be approved.
The vote was unanimous (4-0)
Public Hearing (cont. from 2/2 and 3/16)
B515 – Nestle Down
Valerie Massard said that the public hearing can be continued to April 13, 2009 at 7:15 p.m.
Malcolm MacGregor moved to continue the hearing.
The vote was unanimous (4-0)
Appointments
BOA 3525 – Ebet Cushman
26 Circuit Avenue, Map 48, Lot 49-289
Richard Serkey presented a request for a special permit to waive accessway requirements.
Howard Coppari reviewed the staff report for the project including conditions suggested.
Malcolm MacGregor questioned the loss of any substantial trees.
Mark Flaherty stated that there would not be any substantial trees removed.
Malcolm MacGregor moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The owner is responsible for the maintenance of the improvements shown on the plan along the frontage of the subject property. Prior to a Certificate of Occupancy being issued, the applicant will record a deed restriction document in the Registry of Deeds that pertains to operation and maintenance of the stormwater system.
Prior to an Occupancy Permit being issued, 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.
The vote was unanimous (4-0)
BOA 3527 – Robert Clarke
21 Brian’s Way, Map 45A, Lot 94-33
Don Bracken presented a request for a special permit for a variance of area, depth, width, and frontage requirements; to waive accessway requirements; to rebuild a non-conforming structure.
The project was submitted last year. A new zoning permit was filed and the Building Inspector determined that the changes made to the project were substantial enough to be considered a different project. The structure needs to be torn down and rebuilt. The footprint has been reduced. The setbacks have been increased. The septic system is entirely on the site. The two parking spaces are on the lot. A drywell will be installed for the roof runoff. There will be a deed restriction limiting the dwelling to two bedrooms.
Howard Coppari reviewed the staff report for the project including suggested condition.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
Prior to an Occupancy Permit being issued, 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 accepted installation practices.
The vote was unanimous (4-0)
New Business
Larry Rosenblum referenced Town Meeting Article 14 for the Fire Safety Standards for Motion Picture and Television Production Studios, questioning why the Town can’t do the same for residential sprinklers in homes.
Ms. Massard stated that in her meetings with Fire Chief Bradley and state officials, residential sprinklers are being worked on at the state level and are expected to be required by code in 2011 at this time.
Marc Garrett questioned the posting of a meeting before the Town Meeting on Saturday, April 4th at 7:30 a.m.
The Board members agreed that the meeting should be removed and that meeting prior to start of Town Meeting should be for Town Meeting Articles only.
Malcolm MacGregor moved to adjourn at 8:25 p.m.
The vote was unanimous (4-0)
Respectfully submitted,
Peggy Fitzgibbons Approved: April 13, 2009
Administrative Assistant
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