MINUTES OF THE PLANNING BOARD MEETING
May 9, 2007
MEMBERS PRESENT: Karen Paré, John Baker, Patricia Halpin, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Matt Mulvey, Leon Gaumond, Gerald O’Toole, Chris Rucho, Kevin McCormick
FIBER TOWER CORP.: APPLICATION FOR SITE PLAN REVIEW AND SPECIAL PERMIT
Fiber Tower Corporation submitted an application for Site Plan Review and Special Permit for the co-location of an antenna on a wireless communication tower on Lawrence Street/Davidson Road. The filing fee in the amount of $900 and the engineering review fee in the amount of $4,500 were also submitted. A public hearing was scheduled for June 13, 2007 at 7:00 p.m. It was noted that this company has already reached an agreement with the Water District.
WARRANT ARTICLE 38: ACCEPTANCE OF LAYOUT OF ACCESS ROAD OFF TIVNAN DRIVE
On approximately three acres of town-owned land off Tivnan Drive, the Board of Selectmen are seeking approval from the Planning Board for the plan of a road (“Recycle Way”) to be constructed to access a proposed trash transfer, demolition and municipal solid waste plant to be constructed by Bay Colony Recovery. In exchange for a lease on this property (of up to 40-years with Town Meeting approval), Bay Colony will construct the road, a DPW garage and provide space for playing fields as well as the plant. This project should bring additional revenue to the town by way of rental money on the transfer building and a percentage of the profits of the business. All trash from the town will be accepted at no charge to the town. When the property was deeded to the town, it was stipulated that a portion be used for
recreational purposes. Use of the level, seeded lot that is part of the property will be determined by the Parks Commission at a future date.
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The “Conceptual Site Plan” submitted this evening with the layout of Recycle Way contained no survey stamp, nor did it indicate the metes and bounds. Mr. Vignaly pointed out that the plan also needs right-of-way lines. Mr. Baker questioned why the road needs to be a town road and not a private access road to the processing building. Mr. Gaumond stated that Town Counsel advised that it be a town road and the Lessee will be responsible for its maintenance. The town will retain title to the land and the road will be accessible to the general public. It was determined that the roadway is an accessory, municipal use and therefore its construction through Conservation Zoned land is allowed. Mr. Baker questioned whether the Planning Board is required to accept a road without engineering review. The
Board of Selectmen are Road Commissioners, Ms. Paré stated, and can lay out a road for acceptance at Town Meeting. The actual construction conditions will have to meet subdivision standards. State highway specifications will need to be met when the project goes through the site plan review process, Mr. Baker stated. The road layout plan needs to be approved at Town Meeting by a 2/3rds vote. Mr. Baker inquired whether the plan will require a Special Permit from the ZBA for storage in an Industrial area. The Building Inspector will need to be consulted on this question, but it appears that no Variances will be needed.
Mr. Mulvey stated that he will make sure that the plan is revised and returned to the Planning Board by Friday, May 11th. Mr. Gaumond stated that this project is close to highways, rail lines and access routes and will have minimal impact on the town. The reconstruction of Tivnan Drive project has gone out to bid. The state will widen and resurface that road. Limiting truck traffic on town roads could be a problem, Mr. Vignaly stated. Mr. Mulvey replied that haulers will be required to sign a contract agreeing not to use certain thoroughfares. Ms. Halpin inquired what other similar sites are run by Bay Colony and Mr. Mulvey stated that a solid waste operation is currently being run in Cohasset. Before Town Meeting, the Planning Board will meet at 6:30 p.m. to review the revised plan and
vote whether to recommend that it be accepted by the Board of Selectmen.
HILLSIDE VILLAGE: DRAINAGE ISSUE ON FREEMAN PROPERTY
By letter to Michael Staiti (copied to Planning Board with accompanying pictures) dated April 30, 2007, Georgette and Ray Freeman reported “continued failures of both drainage systems” from Hillside Village onto their property. Mr. Vignaly stated that the big basin, which appears to be overflowing, needs to be shaped so water flows into a channel. Mr. Baker suggested that the Freemans should file suit against Staiti if the situation is as bad as it appears to be or the Planning Board should access funds for the repair from the bond it holds (tri-party agreement) on Hillside. Ms. Halpin stated that the Planning Board has the responsibility to abutters to protect their property. Mr. Vignaly noted that the Planning Board has not yet signed off on the project. The drainage system was not built to specss,
Ms. Paré stated, so a letter should be written to Mr. Staiti, as a Board, requiring
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that the project be completed to everyone’s satisfaction. Mr. Baker requested that a copy be sent to the bonding company as well as to the Freemans.
ANGELL BROOK: CONSTRUCTION OF BERM
A large berm has been constructed at Angell Brook to shield the site of the adjacent industrial buildings from the view of certain residents. Mr. Staiti wants to show the location of the berm on the as-built plans and not submit an amended site plan. Mr. Vignaly stated that Mr. Staiti needs to come before the Board because there is a question whether the berm has changed the drainage of the area. Ms. Paré stated that an amended site plan filing should be required.
INSPECTION REPORTS
Gates Brook: Mr. Amico is waiting for a reply from the engineer for Gates Brook in response to VHB’s review letter.
Finders Pub/Keepers: Nothing has been submitted.
Century Farms: Complaints (anonymous) have been received from an abutter (on Blake Avenue?) concerning drainage onto their property as a result of the construction of Century Farms. The Building Inspector will visit the site. Mr. Amico suggested that Mr. Perkins may be correct in stating that the runoff is actually coming from Blake Avenue.
Ernie’s Car Wash: A pre-construction meeting was held. Mr. Vignaly questioned the location of the silt fence.
D&S Realty: No as-built plans have yet been received.
Oakdale Nursing Home: There is a question whether construction is proceeding without filing for a new site plan review for the many significant changes to the approved plan. Ms. Paré will contact Mr. Baghdady to ascertain the status of the project.
INCENTIVE ZONING: RULES AND REGULATIONS
No further information has been received from the Town of Westport. Mr. Baker will contact Mr. Bob Barrell for information from his housing department in Hudson. Mr. Vignaly referred to page 38. of the Zoning Bylaws, Section 3.10.D.1. He does not want developers to think that they get a certain number of units “by right”. Ms. Halpin agreed that it is necessary to be clear that a Special Permit may grant a certain number of units and urged that the procedures be specific on this point.
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PROPOSED TOWN STORMWATER BYLAW
The Article concerning the proposed Stormwater Bylaw has been pulled from the Warrant for Town Meeting. Vote to approve will be delayed until at least October when issues concerning inventory, an O&M Plan and lack of “good plans” outside the sewered area of town are settled. Mr. Baker will write-up comments and questions.
COMMUNITY PRESERVATION ACT COMMITTEE
A bylaw needs to be passed in order to set up a CPA Committee of nine members. Comments on the proposed structure of the committee are due tomorrow with the Town Administrator. Ms. Halpin stated that a member of the Housing Partnership needs to be included as a representative on this committee. A delegate from the Housing Authority is mentioned in the state statutes, but Ms. Paré stated that it is the intention of Mr. Gaumond to appoint a delegate from the Housing Partnership. There is no ability to appropriate funds for the committee’s expenses without the approval of Town Meeting.
PREPARATION FOR TOWN MEETING
The Annual Town Meeting will be held on Monday, May 21st at 7:00 p.m. Upon motion of Mr. Vignaly and second of Mr. Baker, it was voted that the Planning Board recommend approval to Town Meeting of Articles 39 and 40, proposed changes to the Zoning Bylaws.
MARKETING PLAN FOR AFRA TERRACE
A copy of a letter dated May 7th to Iqbal Ali, developer of Afra Terrace, from Town Administrator Leon Gaumond was reviewed by the Board. Ms. Halpin noted that the Planning Board is designated as “Monitoring Agent” and asked Mr. Gaumond to clarify this. He explained that this is a mistake. The Housing Partnership should be named as the Monitoring Agent. This marketing plan was reviewed by Town Counsel. The town implements the Lottery and town government will do the bulk of the administrative work. Who conducts the qualification of applicants is a matter that is still up in the air. If the Housing Authority continues to refuse to do it, there is a possibility that a member of the mortgage department at Clinton Savings would be available to help.
SIGN BYLAW
An email was received from the Building Inspector, Mr. Mark Brodeur, concerning problems he sees with the town’s current sign bylaw. In certain situations, in areas of limited parking, requiring a standing sign to be erected with a 10’ setback forces the placement of the sign to be in the middle of a parking lot. Mr. Brodeur also seeks clarification of the permitting process of temporary or permanent signs for public, civic
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and non-profit organizations. The Board of Selectmen do not wish to be a part of this permitting process. Ms. Halpin queried whether the Economic Development Committee has given any input on these issues and added that she would like to have more information from Mr. Brodeur when this is further discussed by the Planning Board.
ELECTION OF OFFICERS/COMMITTEE REPRESENTATIVES
Upon motion of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to elect Ms. Halpin as Chairperson of the Planning Board for the next year.
Upon motion of Mr. Vignaly and second of Mr. Baker, it was unanimously voted to elect Mr. Salate as Vice Chair.
Upon motion of Ms. Halpin and second of Mr. Baker, it was unanimously voted to elect Ms. Paré as Clerk.
Upon motion of Mr. Baker and second of Ms. Halpin, it was unanimously voted to elect Mr. Vignaly as Treasurer.
The following members volunteered to be representatives to other boards and committees:
Central Mass. Regional Planning Council: John Baker
Earth Removal Board: John Baker
Town Wide Planning Committee: Karen Paré
Community Preservation Act Committee: Lawrence Salate
Housing Partnership: Patricia Halpin
Minutes from other Boards will be reviewed as follows:
Board of Selectmen: Karen Paré Zoning Board of Appeals: John Baker
Conservation Commission: Lawrence Salate Board of Health: Vincent Vignaly
MINUTES/BILLS
Bills were approved for payment to VHB, the Telegram & Gazette and Verizon Wireless. Upon motion of Mr. Baker and second of Mr. Salate, the Minutes of the April 25, 2007 Meeting were approved as amended. Upon motion of Mr. Baker and second of Mr. Vignaly, at 9:55 p.m., it was unanimously voted to adjourn.
Date Accepted:____________ By:_______________________________
Karen Paré, Clerk
Submitted By:_____________________
Susan Abramson
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