MINUTES OF THE PLANNING BOARD MEETING
OCTOBER 25, 2006
MEMBERS PRESENT: Vice Chair Patricia Halpin, John Baker, Vincent Vignaly
MEMBERS ABSENT: Karen Paré, Elise Wellington
OTHERS PRESENT: Wayne Amico, James Flagg, James Flagg III, Patricia Flagg, Doug Andrysick, Bob Williamson
Ms. Halpin, acting in her capacity as Vice Chairperson, opened the meeting at 7:02 p.m.
MERRIMOUNT SUBDIVISION: FURTHER DISCUSSION
Mr. James Flagg attended the meeting and informed the Board that Gallo Video has closed and vacated the premises at Flagg R.V., so the site is no longer a “business center”. The tar has been removed from the parking lot and the Building Inspector has stated that the lot is now in compliance with the Zoning Bylaws. Mr. Paul Esposito will be purchasing the entire Merrimount Subdivision property and will post a bond with the town as soon as the sale has been completed. The Building Inspector will withhold permits on construction of any residences until the bond has been posted. In order for a house sale to occur, the Planning Board would need to sign-off on the covenants currently held on the lots or release the covenants after a bond has been posted by Mr. Esposito. Mr. Amico noted that a bond is
necessary for the top course of the roadway. The town plowed the roadway last winter, Mr. Flagg noted. There being no further questions, Ms. Halpin informed Mr. Flagg that he has satisfied all Planning Board issues relating to Flagg R.V. and the Merrimount Subdivision.
PHEASANT HILL ESTATES: REQUEST TO RELEASE COVENANT
Attorney Bob Williamson represented Mr. Ralph Hall at the meeting in order to request that the Planning Board sign documents rescinding the Plan and Covenant on a 72-lot subdivision off Prospect Street (“Pheasant Hill Estates”), owned by Mr. Hall, that was approved in 1972 but never built due to the construction of I-190. Mr. Hall is attempting to convey the land he still owns but “any buyer would take title of the Covenant, that won’t go away or be satisfied”, Mr. Williamson stated. The lot will return to the single piece of property it was before the subdivision. Mr. Vignaly questioned the legal ramifications of signing a Release and questioned whether the remaining lot would conform to current zoning (i.e. 40,000 square feet). He stated that, before rescinding any Covenant,
the Planning Board would need to see an ANR Plan and plans held by Mass Highway on land they took for I-190. In other words, Mr. Baker stated, the Board needs to see a “current conditions” plan. Ms. Halpin asked that Mr. Williamson return to the next Planning Board meeting with a plan of the property and other pertinent information from Mass Highway.
NEXTEL: REQUEST FOR SPECIAL PERMIT
By letter dated October 16, 2006, Thomas White, on behalf of Nextel, requested that Nextel’s application for a Special Permit for collocation on the Lawrence Street cell tower be withdrawn. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to accept the request to withdraw Nextel’s application for a Special Permit for a collocation on a cell tower on Lawrence Street.
ROAD ACCEPTANCE PLANS: CHINO AVENUE & STILLWATER HEIGHTS DRIVE
At Town Meeting on October 16, 2006, it was voted to accept Chino Avenue and Stillwater Heights Road as public streets. Mr. Vignaly will contact Mr. Brian MacEwen to see what further paperwork needs to be completed by the Planning Board.
HILLSIDE VILLAGE: ABUTTERS DRAINAGE ISSUE
Mr. Amico stated that VHB issued an inspection report on October 11, 2006. A sketch was given to Mr. Staiti by VHB suggesting how drainage structures should be constructed to alleviate the problem of drainage flowing onto the Freeman’s property, abutting Hillside Village. Two items were not done, Mr. Amico noted. No rip-rap was laid down on the berm and trees were not removed from the top of the emergency spillway. The Planning Board needs a letter from the Freemans agreeing that the measures taken to control the drainage are adequate. Basin #1 seems to be functioning as designed. Mr. Baker noted that a letter from the Freemans should not be written until they observe the functioning of the drainage system after a big rainstorm. Ms. Halpin stated that she will call Mr. and Mrs. Freeman and
ask whether they are satisfied with the remedial action taken by the developer. Mr. Amico stated his intention to inspect both Angell Brook and Hillside Village again before winter.
INSPECTION REPORTS
Gates Brook: Still waiting for the top course.
Manor: Mr. Vignaly spoke with the owners who informed him that the as-built plans are being prepared.
Century Farm Drive: The Board needs to review the amount for the Bond. VHB suggests $47,000 as a reasonable amount. The matter will be discussed at the next meeting.
Gerardo’s: Mr. Amico will contact Mr. Sarli and remind him that the entire site needs to have mulch applied before winter.
D&S Paving: At the October 11th meeting of the Board, members voted to deny the applicant’s request to amend the Site Plan by removing the landscaped islands in the parking lot. VHB has inspected the site but will schedule no more inspections until completion of the as-built plans.
Mr. Vignaly received an email from Mr. Migridichian requesting that the Board revisit his request to remove the islands. Mr. Vignaly went to the site and observed that the project so far looks good and six extra trees were added to the perimeter. The three proposed islands would take up six parking spaces. An abutter, Mr. Ed Connor, informed Mr. Vignaly that he is satisfied with the screening. Mr. Migridichian fears that plowing will be a problem and the islands will be destroyed by the plow. Ms. Halpin stated that she believes Mr. Migridichian needs to be put on notice that he must construct according to the approved plan in any future project, but the Board should approve his request now because the project was done well and the abutter is satisfied. Mr. Baker queried whether this is an issue of a Zoning Bylaw
requirement. Mr. Vignaly stated that thirteen trees are required according to the bylaws, however, if the islands are removed, then the Board will need to require additional trees around the perimeter. More shade trees would improve the area, Mr. Vignaly stated, and every ten parking spaces requires a tree.
Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to approve the modification to the Site Plan by eliminating the landscape islands in the parking area and substituting twelve (12) trees on the eastern side of the parking area in lieu of the six (6) trees previously shown on the islands, noting that there is 7% interior landscaped area which is more than the required 5% (Section 3.6 E.6. of the Zoning Bylaws). Ms. Halpin stated that it is necessary to put in writing to Mr. Migridichian that future projects will be laid out in such a way as to comply with the Zoning Bylaws. Mr. Vignaly will send a letter to Mr. Migridichian informing him of the Board’s decision.
OTHER BUSINESS
Gallo Video: A letter was received from Attorney Jonathan Silverstein, Town Counsel, that the lawyer for the Plaintiff has requested an extension on the time to respond to Mr. Silverstein’s request to remand the case back to the ZBA.
Franklin Street Chapter 40B: A meeting is scheduled for Thursday at which time the ZBA intends to issue a Decision on the Franklin Street Chapter 40B project.
Goals for 2007: Mr. Gaumond has requested that town Boards compile a list of goals for next year. This matter will be discussed on November 8th.
Housing Partnership:
Ms. Halpin reported on a recent meeting of the Housing Partnership. There is no one currently qualified to monitor the housing inventory or funds. It was suggested that a “Housing Forum” be held to inform the community about housing in general, including Chapter 40B housing, and that it be broadcast on Channel 11.
MINUTES/BILLS
An invoice was submitted for payment to VHB. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to accept as written the Minutes of the October 11, 2006 Planning Board Public Hearing on the Proposal to Amend the Zoning Bylaws. Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to accept as amended the Minutes of the Planning Board Meeting held October 25, 2006. There being no further business to come before the Board, at 8:37 p.m., upon motion of Mr. Baker and second of Mr. Vignaly, it was unanimously voted to adjourn.
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