Planning Board Meeting Minutes April 9, 2019
Planning Board
Meeting Minutes
April 9, 2019
6:30 P.M.
Community Hall Annex
Present: Norm Anderson, Tim Nahrwold, Dick Williams, Shawn Moore, Marilyn Sidoti
Others: David George, Town Planner/Community Development Coordinator
Mr. Anderson opened the meeting at 6:30 p.m.
Review and approve minutes 3/26/19
Mr. Moore moved to accept minutes as presented for 3/26/19. Mr. Williams 2nd. Vote 4-0-1, Ms. Sidoti abstained.
Pending Invoices ASD Solar Projects
Payment has been received in the full amount.
Withdrawal, 29 Campbell Court, Large Scale Ground mounted Solar Facility
Mr. Nahrwold moved to approve the withdrawal of the 29 Campbell Court Large Scale Ground Mounted Solar Facility. Mr. Williams 2nd. Vote unanimous.
Public Hearing Notice
The Board received a hearing notice from the Town of Holden for a subdivision of 35 lots off from Bailey Road.
A variance permit was issued for an accessory apartment on Turkey Hill Road.
ANR’s Lot 25B Turkey Hill Road
There was discussion about Onaida Trail, this is a private way. Mr. Nahrwold asked about the frontage and lot size. A house will be built there. Lot 1 has been issued a building permit with 5000 square feet and 50 feet of frontage. Parcel A is not part of lot 1 and is non-buildable. Title Insurance is not available on Parcel A.
Mr. Blair read a letter from Attorney Kiritsy regarding the lot which is multiple lots put together and said the lot is grandfathered as a buildable lot under M.G.L., Mr. Nahrwold believes that combining multiple lots is changing the lot so it should be subject to the current zoning regulations. One new line is being added to the plan, all of the land being discussed is in common ownership, everyone owns to the center of the way as they are on a private road. Lot 1 has not been created yet, it is pending approval of the ANR. Parcel A, B, C and D and lot 1 are being sold together. The Board agreed that they would like council review before deciding. Planning Board Meeting Minutes April 9, 2019 2
The Board will review again at their next meeting in two weeks.
Subdivision Development: Discussion with Clea Blair regarding changes to Brice Lemon Estates Definitive Subdivision Plan and Phase 2 Scheduling
The Board received a request to prepare a bond estimate. There are unresolved issues with phase one that need to be reviewed. Mr. Anderson does not have any issues with the reduction in the bond, following a bond reductionwould be a release in covenant. The entrance way on the road was offset, Mr. Anderson believes there is an updated set of plans to show the change, this is needed. There are outstanding questions regarding a guardrail at the entrance and sidewalks as well.
Mr. Blair stated that there is a lot of site distance at the curve and it is not dangerous. The Board will follow up with DPW Superintendent Buckley.
It appears that the rail trail access is not what is on the plans. Mr. Blair said access will be around the berm, which is a different path than what is shown on the plan. Mr. Blair showed the Board where the access will go. Plans are still under Quinn review. Phase 1 does not need to be 100% done before moving to Phase 2. Prior to release of covenant on Phase 2 Mr. Anderson wants to see the sidewalks complete for resident safety. Mr. Blair intends to put them in as soon as possible he will also have the roads ready for Fall Town Meeting.
Mr. Anderson discussed the ANR on Main Street, they are not listed on the release of covenant for Phase 1. They are part of the subdivision and are under the covenant and will need a release.
Payment to the trust fund has been resolved. Mr. Blair discussed the retention pond maintenance and what Holden is doing, the retention ponds need to be maintained for drainage.
Mr. George referenced other issues regarding the plans. Mr. Blair discussed the road on Woodside. The road needed to come up another 13 feet. There is a 30-foot bank behind it, the grade was changed. There is also an an outstanding infiltration item for storm water management for the whole site, they forgot to do some of the lots.
Mr. Blair will fix the street names on the plans after the Quinn review. The Board would like to have record of current plans with changes in the office.
Quinn still needs to prepare the bond estimate for Phase 2. The Board advised Mr. Blair that the funds will be exhausted rather quickly. Mr. Blair asked for copies of invoices as they come in.
The outstanding issues are DPW review, timing of the rail trail access and the board set a date of July 1st for the sidewalk completion. Mr. Blair was concerned with erosion control, the Board agreed that the rail trail access needs to be done by September 1st. The covenant release is also required for the 2 ANR’s on Main Street, this is needed prior to the release of phase 2.
Closed Hearing 0 Main Street, Assessor Map ID 029-A-10.09, Special Permit, Spruce Hill, 34-unit Senior Housing Development
The decision has not been drafted, it is anticipated that it will be drafted for the next meeting. Planning Board Meeting Minutes April 9, 2019 3
Zoning By Law Amendments Review: Joint meeting between the Planning Board and the Planning Board By Law Subcommittee.
Review 2019 Spring Town Meeting Proposed Zoning Amendments
There were no concerns with Article A. The Board does not have Town Counsel’s review. Mr. George will follow up with Town Counsel.
Ms. Sidoti discussed Section 4, Paragraph A, building permits and applications shall be dated and time stamped upon receipt by the building department. Ms. Sidoti said her question was regarding the wording and to expand to include language “are deemed to be complete by the commissioner shall be issued on a first-time basis.” This clarifies the process and procedure.
Mr. Williams would like to change lots to singular on section 5c. There were concerns with part c, Mr. Nahrwold said that if they build the road and do all lots as ANR they would not be subject to the bylaw. Mr. Barron discussed his interpretation that it would be one ANR per person. There were concerns with loop holes.
Mr. Barron has not heard of any issues in other towns.
Mr. Blair stated the town is working really hard on something that others will work just as hard to work away from. Mr. Blair asked about where the 400 lots are approved.
The Planning Board By-Law Subcommittee did not participate in writing the by law, they have been asked to review it.
There was general discussion about the numbers used for the Phase 2 study. Mr. Blair questioned the assessed value used, he said that the difference in sale price and assed price is no more than 5% according to the assessor’s office. He has recently not sold a home less than $400,000, he also questioned the per capita number used and the towns that were used in the regional comparison. He suggested coming up with a plan that works for everyone.
Mr. Stillings stated that the Managed Growth Steering Committee reviewed many different things including the recommendation for 30 permits annually, the 10-year average was 38 permits issued annual. The planning Board Sub Committee’s only question was regarding the number of permits as it mathematically did not make sense and they recommend 36 so there is an even number monthly.
Mr. Blair asked to sit down and review everything together.
There was agreement that the next step is to wait for legal review.
Mr. Moore discussed concerns with limiting and restricting what people can do with their own land.
In order to do an ANR it has to be on one of 3 types of roads. If a subdivision plan is approved an ANR can be approved on the road within the subdivision. The proposed sunset term is 5 years. Planning Board Meeting Minutes April 9, 2019 4
Mr. Anderson said that he has not heard anything about remedying the water and sewer concerns in town which was a primary drive for this by law. There was a test well on Barrack Hill several years ago. Mr. Barron also outlined other options for additional water supply to the town.
Special Permit 6, Mr. Nahrwold asked about the master plan and growth management plan. The current master plan is 19 years old. The special permit exception is set at 10 which is over and above the 36 building permits. There was a request to change the wording so it is consistent for senior housing versus 55+ housing for part D.
The Board will wait for the legal review and the public hearing.
Other: Administrative Secretary
There were three applications, only one was complete with all required parts who was interviewed. One has been non-responsive for requests for additional documentation and there is one that has not committed to an interview. The interviewed candidate does not have prior municipal experience, but does have prior administrative experience. The Board agreed to check references for the candidate.
Mr. Moore moved to adjourn. Mr. Williams 2nd. Vote unanimous.
The meeting adjourned at 9:09 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
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