MINUTES OF THE PLANNING MEETING
APRIL 9, 2008
MEMBERS PRESENT: John Baker, Lawrence Salate, Karen Paré, Vincent Vignaly
MEMBERS ABSENT: Patricia Halpin
OTHERS PRESENT: Wayne Amico, Kyle MacCallum, Karla Hanna, Monica April, Paul Sushchyk, Roger and Dolly Hall, Fred Radcliffe, Marie Folckemer, Charles Folckemer, Tim Tyler, Bill Italiano, James Eshbaugh, Brenda Bowman, David Titus, Patrick and Sarah O’Connor, Gail Radcliffe, Pat Lizotte, George Bernardin, Dick Kenneway, David Hardiman
MERRIMOUNT SUBDIVISION: DISCUSSION OF ROAD ACCEPTANCE
Ms. Paré reported on the status of the road acceptance for Merrimount Subdivision. The Board of Selectmen have laid out the road. The Petitioned Article for the Warrant includes the metes and bounds. The Board of Selectmen is asking for a “Report” (or recommendation) from the Planning Board concerning the status of the petition ( i.e. the roadway was accepted through a subdivision process). Mr. Vignaly stated that the construction of the roadway and the metes and bounds seem to be correct. Ms. Paré reported that Mr. Westerling indicated in a conversation with her that he is satisfied that outstanding issues have been resolved. He can still raise issues and deny the support of the DPW at Town Meeting.
Mr. Baker inquired whether all eight “action” steps have been met. Ms. Paré stated that Mr. Amico has reviewed the as-built plans. Liens and titles have been reviewed by Town Counsel. Reference to the Conservation and Vegetative Buffer are included in the Petitioned Article. (This document stipulates who will enforce the preservation of the buffer i.e. the Planning Board and the Zoning Enforcement Officer). Since the road was constructed through the Subdivision control process, only a majority vote is required at Town Meeting for the Article to pass. The Planning Board will submit a report to the Board of Selectmen that it accepts the roadway as laid out on the plan of February 28, 2008 and referred to us by the Board of Selectmen. The Planning Board defers to Town Counsel on the
issues of title certification and conveyance of easement.
Mr. Sushchyk stated that the title search has been done and he will obtain two “assents” from Norman Melendy and Pat Erickson. He added that the crack on the curb was replaced today.
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INSPECTION REPORTS
Hillside Village: Hillside Village Condo Association has hired an engineer to review the construction and design of the detention basins. Mr. Amico will draft a letter to Mr. Staiti delineating what further action needs to be taken to slow runoff onto adjoining property and will send the letter to Mr. Vignaly for review.
Angell Brook: Sedimentation barriers are still in place and the area has been “stumped”. Mr. Staiti will contact VHB when the site is ready for inspection.
Gates Brook: Revised as-built plans have still not yet been received.
Ernie’s Car Wash: No site work is ready for inspection, but construction has started on the building.
Oakdale Rehabilitation: Paving took place in December during sub-standard conditions and will need to be redone.
Honey Dew Donuts: Nothing further needs to be done until start of construction. VHB sent the applicant a construction review letter on February 13, 2008.
ROAD ACCEPTANCE REQUIREMENTS: NEED FOR GUIDELINES
The process of having a road accepted is a long and complicated one, involving not only the Planning Board and the applicant, but Town Counsel, the Town Administrator’s office and the Board of Selectmen, as well as other town offices such as the DPW. Ms. Paré suggested that a document be prepared that describes the process and procedures an applicant needs to follow, with a deadline for having documents ready by February 1st for the May Town Meeting and July 1st for the October Town Meeting. Mr. Vignaly suggested that these guidelines can be made a part of the town’s Subdivision Regulations, which the Planning Board may amend by public hearing. This issue will be discussed at a meeting in the near future.
REPORTS FROM OTHER BOARDS
Community Preservation Committee: Mr. Salate stated that this Committee is awaiting submittal applications for proposed projects. Mr. Vignaly noted that there is a parcel of 4-1/2 acres of land for sale on Lee Street for $400,000, adjacent to the town wells, which could be purchased by the town to protect its wells. Perhaps the Community Preservation Committee could coordinate a purchase with the Water Department. Mr. Salate will be passing out the application paperwork to town departments.
Open Space: The draft Open Space Plan is ready to be reviewed at tomorrow night’s meeting, Mr. Vignaly reported, and a public hearing will be held in June. Grants are awarded through this Plan, which will be available for review online or at the Library.
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OLDE CENTURY FARM: ROAD ACCEPTANCE DISCUSSION
No representative from the Olde Century Farm project was present at the meeting for this discussion. Mr. Amico reported that VHB issued review letters on March 26th and March 27th and April 7, 2008 concerning its review of the Roadway Acceptance Plans for Olde Century Farm. During its last inspection on April 11, 2007, there was still a “punch list” of items needing attention, which Mr. Perkins says are now being addressed. At that time, it was noted that the driveway for Lot 17 was paved before the sidewalk was installed, resulting in a non-ADA compliant sidewalk because the “cross” is too steep. The driveway itself is also non-compliant.
Ms. Paré stated that the Board of Selectmen needs to vote on the proposal to lay out Olde Century Farm Road and Garside Drive as town ways. The Planning Board will review final documents at its meeting on April 23rd, which is the absolute deadline for all submittals. She noted that the Article for acceptance and layout refers to design plans for the subdivision, not roadway plans. In March 2007, Mr. Coveney, Director of the Water Department, sent a letter to Mr. Perkins stating that there issues remaining to be resolved with the gate valves. Concern remains with buried gate valves, the grinder pumps and repaving. Mr. Amico noted that his inspector cautioned the developer’s construction company to raise the gate valves when they were being installed last year. There are remaining
issues to be resolved with VHB, the Water Department, the DPW and Town Counsel before the Article for roadway acceptance can be voted at Town Meeting.
DISCUSSION OF CONCEPTUAL SUBDIVISION
Mr. Kevin Hardiman of David Ross Associates attended the meeting with Mr. Dick Kenneway, owner of a parcel on Fairbanks Street on which he proposes to develop a low-impact subdivision of eight houses, with 22 acres remaining for forestation. Mr. Hardiman explained that his client would seek a waiver for road length in order to extend the road over the wetlands, at a total length of just under 1,000 feet. There will be no lots developed on Fairbanks Street. The area to be developed slopes uphill after sloping slightly down to the wetlands. Six percent (6%) is the steepest grade. The remaining land will be conserved under forest management and is now landlocked. Mr. Vignaly expressed concern with sight distance when exiting the development onto Fairbanks Street, as cars seem to travel excessively fast on
that road. He cautioned the engineer to use actual speed (not posted) when doing any traffic study. Mr. Baker ascertained that there will be no sewer installations and that the flow drains to the north. Mr. Amico suggested that the engineer consider designing multiple, smaller basins which seem to function better and are more esthetically attractive. Mr. Hardiman stated that he has already designed two low-impact developments in Holden and Ayre. Both Mr. Baker and Mr. Vignaly expressed concern that there is only one means of egress and suggested that the design include a “boulevard” entrance. Mr. Hardiman stated that he will discuss the wetlands crossing design with a wetlands scientist and Mr. Vignaly noted that he will also have to comply with the Army Corps of Engineers. Consultation with the DCR will not be necessary but the
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applicant must also file with the town’s Conservation Commission and secure proper permitting from the DPA. The cart road on the site will be maintained. None of the land is located in Sterling. Ms. Paré noted that a smaller development is preferable and she is not concerned with the grade of the land. The applicant will be filing a preliminary plan. Mr. Salate stated that he will visit the development in Holden to view the construction of the bio-retention pond. Mr. Baker stated that he will be looking for documentation concerning the preservation of the remaining acreage if the Planning Board concedes the road length. Mr. Salate inquired how the wood will be transported out during the foresting and Mr. Hardiman stated that a topographical survey remains to be done. Ms. Paré cautioned that approval for the roadway must also be received from the Fire and Police Departments. Perc tests were conducted and probes reached 8-10’ feet depth in sandy loam.
Many members of the audience gave input:
Mr. George Bernardin, Newton Street, President of the West Boylston Land Trust, suggested that the owner consider transferring title of the remaining 22 acres to the Land Trust because the tax advantages may out weigh the revenue from the foresting.
Mr. Roger Hall, 232 Fairbanks Street, noted that the right-of-way abuts his property, and inquired as to the setback (150’) and the size of the homes (not yet discussed…standard value).
Pat Lizotte, 200 Fairbanks Street, noted that the bridge to Route 12 is deteriorating and suggested checking with the Town of Sterling as to any repair plans.
Mr. Patrick O’Connor, 221 Fairbanks Street, expressed concern about the road and sight distances and stated that he had a problem with the road extension. It was explained that the road length has to do with the Fire Department access and Mr. Baker stated that a cul-de-sac at road’s end enables a truck to turn around and also slows traffic. Mr. O’Connor also inquired whether the project could be started and then the number of houses increased as it developed. This will not happen, Mr. Hardiman stated.
Gail Radcliffe, 231 Fairbanks Street, added to the comments about sight distance and said that she has a blind spot from her driveway.
Fred Radcliffe, 231 Fairbanks Street, noted that the roadway is deteriorating and questioned how much more traffic the roadway and the bridge could sustain. Mr. Baker noted that the town is responsible for the condition of the road and a project cannot be held up because of a deteriorating road. Mr. Amico noted that a development of this size will probably produce in the neighborhood of 20 – 25 trips/day. Ms. Paré noted that new Subdivision Regulations require drainage structures to be installed outside the setback.
Charles Folckmer, 212 Fairbanks Street, stated that his property already gets water draining onto it from other driveways. Mr. Vignaly stated that construction of this
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development will be regulated by Subdivision Regulations that prohibit an increase in flow off the property onto adjacent land.
Ms. Monica April, 14 Colonial Hill Road, stated her concern that the project will have a great environmental impact. There are signs all along the road indicating that the area is a watershed. The project will remove vegetation. West Boylston has the greatest density around any reservoir. Mr. Vignaly noted that septic systems will be required to be 200’ from the wetlands. Wetlands laws have stipulations but they do not prevent developments of this sort.
Mr. Patrick O’Connor inquired whether there will be “clear-cutting” before building commences because this is a low-impact development. Mr. Hardiman explained that state regulations minimize disturbed land and, in turn, the town gets state credit. This developer will take trees only for construction of the houses, septic systems and driveways.
Ms. Marie Folckemer, 212 Fairbanks Street, noted that the plan for the area has changed in the number of houses to be constructed (since a previous plan was filed many years ago) but noted that these houses will be closer to the wetlands and water runoff is still an issue. Mr. Hardiman explained that new stormwater management regulations went into effect on January 2, 2008 which are much more restrictive and should prevent runoff problems. The developer is required to show a negative impact on the wetlands.
Mr. David Titus, 155 Fairbanks Street, questioned whether there will be a difference in absorption after construction and questioned the impact on the wetlands. Mr. Hardiman explained that the developer will have to prove that there is less flow into the wetlands and that runoff is going into detention basins and recharge areas.
Mr. Roger Hall inquired whether the Planning Board has setback requirements. Ms. Paré explained that the town has requirements, i.e. West Boylston Zoning Bylaws, that stipulate a setback of 25’ on the front and 10’ around the building.
Ms. Monica April inquired whether the town will face issues with the road and Mr. Vignaly explained that the Planning Board employs an engineering review company (VHB) to oversee the construction and development of the roads and drainage systems. The developer is “on the hook” until the town votes to accept the road at Town Meeting.
Mr. Bill Italiano, 66 Fairbanks Street, questioned whether there are safety issues with the dead end road extending more than 750’ and Mr. Vignaly stated that it will be the job of the Planning Board to review the plan and grant a waiver for the road.
Ms. Marie Folkemer expressed her dismay that she had to face another potential development and she doesn’t like what is going on. She wants to keep the street safe and prevent water problems.
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Mr. Vignaly reminded everyone that a plan has not yet been filed. There will be public hearings held when the Planning Board receives a plan.
ELECTION OF OFFICERS
Upon motion of Ms. Paré and second of Mr. Baker, it was unanimously voted to re-elect the current slate of officers, with committee participation as noted:
Ms. Halpin: Housing Partnership
Mr. Salate: CMRPC and Community Preservation Committee
Mr. Baker: Earth Removal and the Economic Development Commission
Ms. Paré: Townwide Planning Committee
Mr. Vignaly: Open Space
MINUTES AND BILLS
An Invoice was submitted to refund $3,366.85 in review fees to One Seventy-Five LLC, as requested by letter dated 4/3/08 from Ms. Kathleen A. McCormick. Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to approve as amended the Minutes of the March 25, 2008 Planning Board Meeting.
Date Accepted:_________ By:___________________
Karen Paré, Clerk
Submitted By:_______________________
Susan Abramson
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