MEMBERS PRESENT: Peter Conner, William Sims, Patrick Mulvey-Welsh, Wendy Longo, Michael Main,
Robert Richard and David Peck.
COUNSEL: Judith Cutler
Mr. Conner called the meeting to order and explained the procedures for the evening.
Case No. 3329 – Twin Pines Farm – Carver Road – continued from November 9, 2005 and January 4, 2006
Sitting: Peter Conner, Bill Sims, Patrick Mulvey-Welsh, Robert Richard, and Michael Main.
Attorney Betters, representing the petitioner, said that Mike Clark from Norfolk RAM Group sent a letter to the Board dated January 26, 2006 in response to the two concerns the Board had regarding wetlands and drainage. The property is outside of the 100-foot buffer zone. The drainage design was amended, the design will be asphalt pavement. Mike Clark submitted a revised conceptual design plan. The construction will be phased during build out of the site. The structures will not all be built at once. There will be six phases. Attorney Betters said the phasing is a function of the building department not the purview of the Board of Appeals.
Attorney Cutler said that the phasing would need to include the 25% of affordable housing and that Phase III and IV could not be constructed before Phase V and VI without violating the 40B requirements.
Mr. Engler, Stockard Engler Brigham LLC said that if necessary they could try to change the Phases.
Mr. Richard asked the petitioner if changing the drainage design to asphalt was a savings.
Mr. Clark replied that it was but the infrastructure cost more up front with the change.
Attorney Betters said that the petitioner has responded to the concerns and ask that the hearing be closed.
Public comment:
Tony Sylvestri
Denis ??
Mr. Peck, Earth Tech, Drainage must be put in to prevent flooding and run-off in areas that are not under construction.
A long discussion ensued regarding closing the hearing.
Attorney Cutler asked the petitioner if it was his intention to have any input in the dialog for the decision and/or the conditions.
Mr. Engler said that he was very disappointed in the Board for not allowing input after closing the hearing.
Attoney Betters asked that the Board close the hearing.
Mr. Sims made a motion to close the hearing.
Mr. Main seconded.
Unanimously closed.
Case No. 3251R – Andrew Kusmin – North Green Street - remand
Sitting: Peter Conner, Bill Sims, Bob Richard, Wendy Longo, and Patrick Mulvey-Welsh.
Mr. Richard read the legal advertisement into the record.
Attorney Jeffrey Angley, said that the Board issued a special permit in 2004 to vary the off-street parking for an art gallery on North Green Street. The decision was appealed by an abutter. The Court has remanded the case back to the Board of Appeals to consider putting a condition on parking as agreed by the two parties. If the condition is approved the appeal goes away if not this appeal will proceed and go to trial.
Attorney Bosen, representing the abutter, said that his client was aware that there is no way to enforce this agreement, however, if Mr. Kusmin instructs his students to park only in front of the gallery my client is satisfied.
Mr. Richard made a motion to amend.
Mrs. Longo seconded
Condition added unanimously.
Case No. 3284 – Sawmill Woods – off Sawmill Woods Road – continued from 2/1/06
Sitting: Peter Conner, William Sims, Wendy Longo, and Patrick Mulvey-Welsh.
Attorney Orsmond, representing the petitioner, referred to new plans, responses from Denis Seguin, letters dated February 7, & 8, 2006, and the list of waivers.
Chris Peck, Earth Tech, said that he did not find any major issues from the review comments of last week.
Attorney Cutler asked the petitioner why there was no designation on the plans for the affordable units.
Mr. Pomeroy replied that the affordable units would be every fourth unit.
Public comments.
John Joseph
Joe Derano
Wanda Jane Warmack
Attorney Orsmond said that DEP allows wastewater treatment plants to be constructed in a zone 2 area.
Mr. Conner asked the petitioner about the water pressure.
Mr. Pomeroy replied that the calculation have been submitted.
Mr. Sims made a motion to close the public comment portion of Case No. 3284 and to receive written materials until the close of business on February 17, 2006.
Mr. Mulvey-Welsh seconded.
Unanimous 4-0.
The Board discussed dates for the workshop to finalize the decision on Case No. 3284 and Case No. 3329.
The decision for Sawmill Woods is due on March 29, 2006. The decision for Twin Pines Farm is due on March 20, 2006. Workshop meetings will be February 28, 2006 and March 6, 2006.
No further business came before the Board.
Respectfully submitted,
Peggy Fitzgibbons
Administrative Assistant
Approved 2/10/06
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