MINUTES OF THE PLANNING BOARD MEETING
JUNE 11, 2008
MEMBERS PRESENT: Chairperson Patricia Halpin, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: John Baker
OTHERS PRESENT: Karla Hanna, Francis Parisi, Kyle MacCallum, John Wilson, John Parmentier, Gary Belanger, David Oriole, Christian Koppetch, Robert Johnson, Stanley Johnson
OAKDALE REHABILITATION CENTER: REQUEST FOR CHANGE TO APPROVED PLAN
Mr. John Parmentier from Dunn-McKenzie, Inc. addressed the Board on behalf of Oakdale Rehabilitation. He noted his letter of May 14, 2008 describing the change to the approved site plan and VHB’s letter of May 23rd in which they agreed that the modification was minor. The change involved the installation of a 6” PVC roof drain to handle the roof runoff that wasn’t able to be diverted into ameration chambers per the original plan. He asked for administrative approval of the modification and stated that it will be reflected on the as-built plan, which he hopes to have ready for submission the week of June 16th.
Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to accept this modification as an administrative change, as detailed on Dunn-McKenzie’s letter of May 14, 2008 and VHB’s reply dated May 23rd, which change will be reflected on the as-built plan. Members of the Board congratulated Mr. Oriole and his team on the excellent job they have done during design and reconstruction of the existing building and the additions.
MERRIMOUNT SUBDIVISION: RELEASE OF BOND
The attorney representing the owner has requested release of the $15,000 cash bond being held by the Town Treasurer. Subdivision regulations stipulate that 10% of the bond be held for one year following the Town Meeting at which the road was accepted. Upon motion of Ms. Paré and second of Mr. Vignaly, it was unanimously voted to release $13,500 of the bond being held by the Treasurer for Merrimount Subdivision pending
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payment by Merrimount of all outstanding invoices and further, when such invoices are paid, the Chair is authorized to send a letter to the Treasurer requesting same.
FURTHER DISCUSSION OF ACCESS ROAD FOR LAWRENCE ST. CELL TOWER
Mr. Kyle MacCullum, representative from Crown Castle, addressed his comments to the residents of Lawrence Street attending the meeting. These residents have been adversely impacted from the disintegration of the access road to the cell tower over the last several years, to the point where huge chunks of asphalt from the road must be repeatedly removed from their lawns. Samples of these asphalt deposits were given to Mr. MacCullum, who informed these residents that a surveyor has been hired by Crown Castle to develop a plan to mitigate the problem. The plan should be ready by June 23rd, so that it can be reviewed and discussed at the next meeting of the Water District Commissioners. Mr. John Wilson, Chair of the Water Commissioners, stated that the Commission has been aware of issues since last
July but it was unclear what was needed, although correspondence between the DCR, the town and Crown Castle was made available to the Commissioners. They had concern about where the water would be going and insist upon written approval from the DCR if the flow goes onto its land. He added that the Water District does not depend upon rental money from the cell tower for its operating expenses. Mr. MacCullum stated that he was not sure when he would have the plan in hand, but he would promptly get it to VHB and the DCR.
Mr. Robert Johnson, 49 Lawence Street noted that the catch basin at the top left-hand side of the street does not catch all the flow from the top of the street due to the slant of the road and the other catch basin further down the street is positioned closer to the center of the road so the water bypasses it. The road (Lawrence Street) is not constructed well. Frost heaves and the snowplow exacerbate the situation. Mr. Johnson cannot use his snow blower because of all the chunks of asphalt from the street that have landed in his driveway. Mr. Chris Koppetch, 53 Lawrence Street, stated that he takes “four to six wheel barrow’s full of pieces of the road from his lawn every year. He questioned why the problem with the disintegration of the access road has not been on the agenda of the Water District
Commissioners until now. Ms. Halpin stated that the Water Commissioners cannot have a public hearing until there is a proper plan. Mr. Koppetch stated that he met last year with the Superintendent of the Water District and with Mr. Amico, from VHB, and was told that the problem would be fixed “over the winter”. Ms. Halpin urged the residents to attend all meetings of the Water Commissioners until the issue is resolved and a plan is implemented. Mr. Stanley Johnson, 49 Lawrence Street, stated that the road was not pitched correctly after it was redone following the installation of the sewers.
Mr. Wilson stated that the next meeting is June 23, 2008 at 7:00 p.m. at the Water District office. He wants to get the issue “fast-tracked”. He stated that “if the plan satisfies the Planning Board, then it will satisfy us”. Mr. Vignaly noted that the plan will need to comply with the town’s driveway regulations and it would be wise to coordinate with the DPW. Ms. Paré added that the Board of Selectmen should also be aware of the residents’ concerns
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because there may be other issues with the road that the DPW will need to deal with. There may be shaping and work on the catch basin that needs to be done as well, Mr.
Vignaly stated. Mr. Wilson stated that the Water Department is reluctant to do anything “off property”. They have tried to get the DPW and the Town Administrator to respond to emails concerning responsibility for the problems along the road. Mr. Salate requested that Mr. Wilson invite Mr. Westerling to the June 23rd meeting and he agreed to do so. Ms. Halpin will inform the DPW and the Town Administrator of tonight’s discussions and request their attention to the problem.
OLDE CENTURY FARM SUBDIVISION: FOLLOW-UP: ROAD ACCEPTANCE ATTEMPT
Due to the lack of timely submissions by the applicant, the Board of Selectmen did not have sufficient time to lay out the subdivision’s roads and return the road layout to the Town Clerk seven days prior to Town Meeting. Town Counsel was consulted about the timing and advised that under MGL Subdivision Regulations, the town could not vote on the road acceptance during the May Town Meeting. There are still issues to be resolved at the site with a property owner, the Water Department and the DPW. The Planning Board never received, and still needs to receive, a package of documents with the road plan to review and submit to the Board of Selectmen. Ms. Halpin will contact the developer and inform him that the subdivision must be “zoning compliant” and all documents submitted by August 1st if
he wishes the road acceptance to be a warrant article for the October Town Meeting.
FOLLOW-UP: MAY TOWN MEETING
Ms. Paré noted that the Planning Board should explain, when proposing a zoning change at Town Meeting, what is the current zoning and what the change proposes. Ms. Halpin noted the necessity and importance of handouts to attendees at Town Meeting, to explain the background and scope of the changes. Ms. Paré suggested that the Planning Board wait to hear the results of the Town Administrator’s Goal #5, to “Improve the Town’s Bylaws” before spending any more time working on zoning bylaw changes for the October Town Meeting. A formal hearing process will be held by the Town Administrator. Ms. Paré also noted that the point of the Bylaws Committee needs to be clarified. It should only be required to review the town’s General Bylaws, she stated. The Planning
Board has a mandate from MGL and it goes through a strict public hearing process before proposing a zoning bylaw change. The mission of the Planning Board is to generate zoning bylaws. The Bylaw Committee meets once before a Town Meeting and has neither the time nor the background to make informed decisions on the zoning bylaw proposals.
ROAD ACCEPTANCE PROCEDURES
Ms. Paré will compile criteria for road acceptance procedures and have it ready for the Board to review for the July 9th meeting. Ms. Halpin stated that the timeline has to be
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respected and a full application package received. Mr. Vignaly noted that the Planning Board Chair needs to set the deadline.
REPORTS FROM OTHER BOARDS
Open Space: Mr. Vignaly asks that the revised Open Space Plan be reviewed and input be given to the Committee, especially on the issue of sidewalks and the 30’ buffer for CCRC’s.
ZBA: Mr. Salate attended the ZBA public hearing and read the Planning Board’s letter concerning their recommendation not to grant the applicant a Variance to Omnipoint Communications to extend the height of the cell tower. Mr. Salate informed the ZBA about neighbors’ concerns. The applicant used the threat of FCC laws, better coverage and 9-ll as the reasons why they should be granted a Variance from the laws. The ZBA granted the Variance.
Community Preservation Act: Mr. Salate reported that Applications have been received and approved by the CPA Committee from the Historical Commission for three glass plates and the preparation of CD’s; from the Cemetery Commission to repair the fireplace in the chapel at the Mount Vernon Cemetery and to conduct a feasibility study to restore old grave stones; and $25,000 to the Recreation Committee to assess the playground and tennis facilities.
The Economic Development Commission is looking at ways to contact life/science companies. Ms. Paré stated that she is still waiting for information from them to put on the town’s website.
Mr. Salate volunteered to attend the June 23rd meeting of the Water Department.
MINUTES/BILLS
Invoices were approved for payment to VHB and Kopelman & Paige (for their review of road acceptance documents with funds coming from the applicants, not the town). Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to approve as written the May 14, 2008 Minutes of the Metro/PCS Continued Public Hearing and approve as amended the Minutes of the Planning Board Meeting. The meeting adjourned at 10:15 p.m.
Date Accepted:____________ By:___________________________
Karen Paré, Clerk
Submitted By:___________________
Susan Abramson
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