MINUTES OF THE PLANNING BOARD MEETING
MAY 14, 2008
MEMBERS PRESENT: Chair Patricia Halpin, John Baker, Karen Paré, Lawrence Salate, Vincent Vignaly
MEMBERS ABSENT: None
OTHERS PRESENT: Charles Derrah, Evelyn Fish, Dave Sweetman, Jeff Perkins, Albert Barbieri, Gary Prime, Joe Oyer, Alfred Thibeault, Ron Thunberg
OLDE CENTURY FARM: DISCUSSION OF ROAD ACCEPTANCE ISSUES
Mr. Jeff Perkins, developer of Olde Century Farm, his attorney, Mr. Al Barbieri and his engineer, Mr. Gary Prime, attended the meeting in order to discuss remaining issues with road acceptance. Ms. Paré stated that the “legal” question now is whether submission of all required documents was made in a timely manner per the requirements of Mass. General Law. The Board of Selectmen was required to vote its intention to layout the road and send the plans to the Planning Board. The Planning Board then was required to determine whether the plans and other required documents were in order. Roadway acceptance plans were then to be submitted to the Board of Selectmen, in order for them to accept the plans and recommend that they be voted at Town Meeting. Following this vote by the Board of
Selectmen, the plans needed to be in the office of the Town Clerk seven days prior to Town Meeting, which will be held on Monday, May 16th. The roadway acceptance plans were submitted to the Town Clerk on May 9th, but they had not been approved yet by the Board of Selectmen. Town Counsel has been asked to rule whether, if the Board of Selectmen meet and vote prior to Town Meeting, the Article to accept these plans will be allowed to be voted under Massachusetts General Law. Mr. Barbieri declared that he was “stymied” about the procedure but Ms. Paré pointed out that it is a matter of law. The Planning Board has been waiting for several months to receive plans and documents pertaining to the roadway acceptance, she stated, and had, in fact given Mr. Perkins a final “drop dead” date of April 23rd for all submittals.
Mr. Prime stated that pages 2, 3 and 4 of the as-built plans are actually the roadway plans. Mr. Barbieri queried whether the Planning Board would be willing to advance the project outside of the legal issue. The Board reviewed the Inspection Report received today from VHB. The issue of installing the bounds has been resolved. Cement will be placed around
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pvc conduit at detention basins 2, 3 and 4, Mr. Prime stated, and the rest of the roadway (including Garside Drive) will be swept. Mr. Perkins contended that there are ample plantings per the design plan at detention basin #3, and no further plantings are needed. Basin numbers 1, 2 and 4 are dry and basin #3 has two feet of water, as designed. Ms. Paré queried whether the Water Department is satisfied with the project. Mr. Prime stated that he had delivered to them the plans and Mr. Coveney told Mr. Perkins he had enough time to get out and locate the installations on the plan. Mr. Baker queried whether the Planning Board needs Water Department and DPW approval prior to its recommending the project. Ms. Paré stated that both these departments will be represented by their directors at Town Meeting
and they will be free to state their approval or their objections at that time.
Mr. Charles Derrah then addressed the meeting. He lives at 192 Goodale Street. He stated that the driveway opening granite curb was not installed correctly because it is centered on the lot line. Mr. Prime argued that the original design plan showed that the driveway was going to be realigned and the installation was done in accordance with the original design plan. Mr. Vignaly inquired whether there is a curb opening for each lot and Mr. Derrah reported that the second lot is not yet cut through. Mr. Baker stated that the Planning Board should not be the “judge and jury” of this dispute between the developer and the landowner. Mr. Perkins stated that originally, the property was to be one lot, keeping the barn and the house. Mr. Derrah stated that he wants the curb removed. Ms. Paré stated that the usage was designed as a single lot and the driveway issue was addressed when the lot was sold. Mr. Baker queried whether the design was approved and added that the driveway is
10’ off the property line and an unapproved deviation of the approved plan. Ms. Paré stated that the “boxes” (houses) and driveways on these plans have little to do with the reality of what is finally built because landowners frequently wish to place their houses and driveways in different locations on their lots.
Mr. Salate and Mr. Vignaly recently visited the site and reported that it appears to be “almost complete”. There is not a lot of grass in the grass strips. The site still looks as if it is under construction, which it is. They queried whether it will be the town’s responsibility to sweep, plant grass and mow. Mr. Prime reported that Mr. Dave Mercurio had been employed to reseed last week. Dr. Joseph Oyer, 8 Garside Drive, stated that the grass strips were loamed and seeded but they need water because it is sandy soil. It will be necessary for a homeowner to be on site before the area will be able to be stabilized.
Mr. Baker inquired whether VHB has approved both as-built plans. Ms. Paré stated that VHB approved the first and has a copy of the second. Ms. Paré stated that the developer did not do anything wrong except for not responding quickly enough to on-site problems and Mr. Salate stated that he was disturbed about the lack of communication from the developer to the Planning Board in the last few months. Mr. Barbieri stated that there was no mention that the developer needed to deal with the Water Department and the DPW. Ms. Paré stated that, in 2007, Mr. Perkins received a letter from the Water Department listing what they required for easements and as-built plans.
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As it now stands, the Board of Selectmen is looking for a report from the Planning Board, Ms. Paré stated. If Town Counsel agrees, the Board of Selectmen must vote, as Road Commissioners, to layout the Plan of Roadway that has been filed in the office of the Town Clerk. Mr. Salate inquired as to the disposition of the “missing water box” on Lot 17 and Mr. Vignaly suggested that the Planning Board’s report to the Board of Selectmen should summarize those issues that have only been partially addressed by the developer. Mr. Baker motioned, seconded by Mr. Vignaly, to send a favorable report to the Board of Selectmen citing such issues including maintenance of the grass strips as well as the dispute with Mr. Derrah and requiring the endorsement of the DPW. All in favor.
Mr. Baker left the meeting at 8:45 p.m.
ANR GERMAIN: FAIRBANKS STREET
Mr. Ron Thunberg attended the meeting on behalf of his clients, Paul and Debra Germain, with an ANR for 142 Fairbanks Street. The Planning Board had previously signed an ANR Plan for this property in March, 2008, however, the Germain’s attorney requested that the note containing the words, “used by abutter for pasture” be removed from the Plan. The Plan was never recorded. Mr. Vignaly asked to be recused. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to sign the revised plan and not to charge any additional fees for same.
TOWN MEETING: DISCUSSION OF WARRANT
Ms. Halpin reported that Mr. Gaumond has requested from the Planning Board submittal of a paragraph for each Warrant Article explaining the intent of the Article. A Bylaws Committee meeting was held the previous Monday evening, Ms. Halpin stated, and Article 44, Off-Street Parking, turned out to be a contentious issue. Members questioned why the acceptable weight was set at 11,000 pounds or less: pick-up trucks are getting heavier; snowplows need to be in yards before a storm and some people have to park their tow-trucks in their yards if they are on duty at night. Attorney Doyle from Kopelman & Paige contacted Ms. Paré and informed her that the phrase “commonly accepted pick-up trucks” is too subjective and open to debate, so Mr. Gaumond has suggested that this Article be passed over. Upon motion
of Mr. Vignaly and second of Mr. Salate, it was unanimously voted to pass over Article 44. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to approve and support Articles 42 (Home Occupations) and 43 (language concerning ZBA). Article 42 is supported by the Bylaws Committee, as is Article 43 and both were proposed by the Code Enforcement Officer.
Article 45 was generated by the Planning Board because 75% of the residential growth in town has occurred as a result of CCRC’s in recent years, putting the town further “in the hole” as far as meeting the requirements for Ch. 40B affordable housing. The 15% requirement for ownership units and the 20% requirement for rental units are the same numbers as in the incentive zoning bylaw. If the issue of Ch. 40B housing isn’t addressed,
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the town will be less likely to receive grants from the state and will have less and less control over where affordable housing developments are located. Upon motion of Mr. Salate and second of Mr. Vignaly, it was unanimously voted to support Article 45.
Article 46 adds the Industrial District land south of Hartwell Street to the CCRC overlay. It is not a change to the zoning map. Mr. Vignaly will prepare small zoning maps for the Town Clerk’s overhead projection and for distribution at Town Meeting to show the area that is changing. Ms. Paré will speak to this issue at Town Meeting. Upon motion of Mr. Vignaly and second of Ms. Paré, it was unanimously voted to support this Article at Town Meeting.
Article 47 concerns sign permitting. Currently, the erection of signs does not require a building permit and this Article seeks to clarify the issue of sign permitting and licensing. A license is a right to keep a sign for five years. Both this Article and Article 48, which addresses sign permitting for public, civil and non-profit organizations, were proposed by the Building Inspector. The Board of Selectmen no longer wishes to be involved in the permitting of signs for these organizations because the process is onerous for the applicant. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to recommend approval of these Articles at Town Meeting.
Article 50 is the Petition to accept Merrimount Drive. Mr. Vignaly will respond to any questions on this issue at Town Meeting. Article 51 is the Petition to accept Olde Century Farm Road and Garside Drive. Both include the metes and bounds. Town Counsel cautions that metes and bounds must be totally accurate and match the plans because this is the way they will be recorded. The Town Clerk wants the metes and bounds included so that accurate written records will be kept. Ms. Paré will ask Mr. Amico to review these metes and bounds. Upon motion of Ms. Paré and second of Mr. Salate, it was unanimously voted to recommend approval of these Petitioned Articles to Town Meeting.
HILLSIDE VILLAGE: CONSERVATION RESTRICTION/DETENTION BASINS
Mr. Fred Thibeault attended the meeting on behalf of Hillside Village Condo Association. He stated that the association was asked to use the same signature page for the Conservation Restriction after some minor changes were made.
Mr. Amico and Mr. Vignaly drafted a letter to Mr. Staiti, dated April 22, 2008, concerning the status of the detention basins at Hillside Village and drainage onto abutting property. In the letter, Mr. Staiti was asked to respond within ten days to the questions and issues raised in the letter. Mr. Thibeault reported that he informed Mr. Staiti of the association’s action in hiring their own engineer, who will conduct a peer review. He informed him that basin #1 was not big enough but the second basin works fine. There is still overflow in the spring. There is no place to expand the first detention basin because there is conservation land below that is not buildable. There is still a question of what is officially wetlands area.
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REPORTS FROM OTHER BOARDS
ZBA: T-Mobil has requested a height Variance of 10’ from the ZBA for another installation on the Lawrence Street cell tower. Mr. Vignaly will write a letter in opposition; email it to Mr. Salate, who will attend the meeting, and Ms. Halpin will call Mr. Chevalier to inform him of the Planning Board’s intentions.
MINUTES/BILLS
An invoice for engineering review services was approved for payment to VHB. Upon motion of Mr. Salate and second of Mr. Vignaly, it was unanimously voted to approve the Minutes of the Planning Board Meeting held April 9, 2008 and the Minutes of the Continued Public Hearing for Metro/PCS held April 9, 2008. Due to Town Meeting, it was unanimously voted upon motion of Mr. Salate and second of Mr. Vignaly, to cancel the May 28th meeting of the Planning Board.
Date Accepted:___________ By:____________________________
Karen Paré, Clerk
Submitted By:____________________
Susan Abramson
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