MINUTES OF THE PLANNING BOARD MEETING
MARCH 10, 2010
MEMBERS PRESENT: Chair Lawrence Salate, Patricia Halpin, Karen Paré, Vincent Vignaly
MEMBERS ABSENT: Patrick McKeon
OTHERS PRESENT: None
ANGELL BROOK CCRC: SIGN SECOND AMENDED CERTIFICATE OF APPROVAL
The Second Amendment to the Angell Brook Certificate of Final Site Plan Review and Special Permit for a Continuing Care Retirement Community was approved at the Planning Board meeting on February 24, 2010. Ms. Paré drafted the language for the Amendment and the Board members signed the document tonight.
AMERICAN RED CROSS: SIGN CERTIFICATE OF COMPLETION
The “Certificate of Completion for the Site Plan Review of the American Red Cross Chapter Headquarters Parking Lot Expansion”, drafted by Ms. Paré, was signed by the Chair, Mr. Salate, at tonight’s meeting. It was approved at the meeting of the Board on February 24, 2010.
PLANNING BOARD ANNUAL REPORT TO THE TOWN
Ms. Paré drafted the Annual Report for the Fiscal Year 2009 and presented it to the Planning Board for their input. Mr. Vignaly commented on the extension of the Century Drive approval, noting that the road still has not been completed. There is a covenant on the last remaining lot, which requires that the road be completed before this lot is developed. Mr. Vignaly queried whether the town can “take” this property and then complete the road. It has been 20 years since the road was started. Mr. Vignaly will email Mr. Gaumond and ask that Town Counsel be consulted as to what the process is for a land taking. Ms. Paré was thanked for her efforts in writing the Report. She will make the suggested changes and forward the Report to Ms. Lucier.
Minutes of the Planning Board Meeting 2.
March 10, 2010
DISCUSSION OF SURPLUS LAND ZONING: POSSIBLE CONSERVATION DISTRICT
Mr. Vignaly checked the “Schedule of Use Regulations” for Conservation Lands and noted that they are limited to farming, nurseries, riding stables, cemeteries, municipal structures and certain educational use. Thus, they are very restrictive. If 20 acres of state-owned land are freed, their use will be limited, which could lower the price the state can ask for the property. The town might then purchase the acreage at a lower price. The buyer could apply for a Variance, however, from the restrictions of the Zoning Bylaws. Ms. Paré questioned if some of this land is in the Industrial area. It is going to be necessary to find out exactly where this parcel is located. Ms. Halpin pointed out that this parcel could be a good location to be developed for Cluster Housing if the town acquires
the land. The required open space will preserve part of this conservation land. It will be important to find out the location of this parcel before the joint meeting with the Housing Partnership. Ms. Paré will contact Mr. Gaumond, asking where the parcel is located.
GENERAL BYLAWS: ARTICLE XII. PUBLIC WAYS AND PROPERTIES
The Planning Board was asked to review the proposed changes to Article XII. of the General Bylaws, Public Ways and Properties. Ms. Paré gave a synopsis of recent Board of Selectmen minutes wherein these changes were discussed. She stated that it is her opinion that roads in condominium developments should not be included in Section 6.f., which lists “unaccepted private streets”. She stated that this Article is a mechanism to force repairs to private roads. Mr. Vignaly stated that it is not the job of the town to fix private roads for any reasons. Mr. Salate queried whether these repairs should be made in order to allow access for emergency vehicles and to prevent damage to them if they do use these roads. Also, a “bad” road decreases the assessed property value of all the houses on
that street, lowering the amount of property taxes the town can collect. Ms. Halpin noted that the police may have strong feelings on this issue.
In Section 6.f., all condo development street names need to be removed, Ms. Paré stated. Private roads with homeowners associations should also be responsible for the repair and maintenance of their roads. Mr. Salate queried whether there is any way the town can force residents of private streets to form a homeowners association. This is a question which Mr. Gaumond can address to Town Counsel, Mr. Vignaly stated. Ms. Halpin stated that residents of private streets receive the services of school buses, fire and police, so there needs to be a mechanism for street repairs. Does the town have the authority to put a betterment on the property of a homeowner who refuses to help repair the private road on which the residence sits? Can the Board of Selectmen force homeowners to repair private, unsafe
roads?
An input letter will be sent to the Board of Selectmen noting that the Planning Board believes the town should not be doing any private road repairs; no roads in condo developments or streets with homeowners associations should be listed with the “unaccepted private streets” and the questions asked, whether it is possible for the town to force homeowners to repair a private road if it is unsafe.
Minutes of the Planning Board Meeting 3.
March 10, 2010
Mr. Vignaly questioned how Section 10 relates to the existing Zoning Bylaws, Section 5.2 and whether it is the homeowners responsibility to shovel sidewalks. Violations should be made clear. One or two-day garage sale signs would be restricted under Section 4. Mr. Vignaly queried whether it would be feasible for the town to provide a publicly-visible board to post yard sale notices.
CLUSTER ZONING DISCUSSION
Mr. Vignaly has been working on a draft for a Cluster Zoning Bylaw by incorporating the existing Incentive Zoning Bylaw, which already has an affordable component, into the Cluster Zoning Bylaw. A definition for “protected open space” (possibly 3 acres) will be added as well as a density bonus section. There is a question of ownership of the open space, Ms. Paré stated. Mr. Vignaly suggested that the town or a land trust could own it or a homeowners association. Handicapped accessibility will be encouraged. A pre-application meeting will be required with the Planning Board and the Housing Partnership. An “Affordable Housing Plan” will be developed with standards including a buffer and setbacks. Mr. Vignaly will continue to work on a draft. Ms. Paré reminded the
Board that the accompanying “Regulations” will also need to be drafted.
Ms. Halpin said that the Board needs to be able to explain to townspeople why this Bylaw is being created, such as was done before Town Meeting with the Incentive Zoning Bylaw. Mr. Vignaly stated that it will provide an alternative to cookie-cutter subdivisions and protect attractive open spaces.
OTHER BOARDS
Kopelman & Paige Opinion Letter: FCC Timelines for Wireless Approvals: Ms. Paré queried how the timelines for wireless approvals that were delineated in an opinion letter from Kopelman & Paige, dated December 9, 2009, fit in with site plan review. Site plan review requires additional information from the applicant and often prolongs the approval process. Is it a problem that site plan review is combined with the special permit process? Mr. Vignaly stated that an applicant can always request waivers from the site plan review requirements or submit an appeal to the federal government if the process is considered to be taking too long or is too burdensome. It is the responsibility of the Board to make a “good faith effort” to process the application expeditiously.
Ethics Training needs to be completed by two remaining Board members and submitted to the Town Clerk.
Townwide Planning Committee: Ms. Paré reported that Chapter 9. Of the Master Plan was discussed. It deals with municipal facilities and services. Mr. Vignaly suggested that changes should be reviewed by the Building Inspector.
Minutes of the Planning Board Meeting 4.
March 10, 2010
Housing Partnership: Ms. Paré has been doing research on the SHI and particularly ownership units. She reported that there appears to be a “hole” in the system, particularly at Lancaster Commons (Heritage Lane). A unit there is currently being sold by the bank as a foreclosure and is listed at $255,000. There is a deed rider on this property which requires the property to be sold at 65% of market value to a qualified buyer. No one has notified the town or the DHCD about this sale, as required by the Comprehensive Permit and the Deed Rider. There is also another property on Heritage Lane that is reported to be in “pre-foreclosure”. The town is therefore in danger of losing two of the five affordable units on Heritage Lane. It appears that no one reads the
deeds, Ms. Paré continued. People are being allowed to remortgage. Eight of the units on Heritage Lane are supposed to have Deed Riders, however, Ms. Paré has only been able to find five. The town needs to ask the state how to enforce these Deed Riders and keep these units on the SHI.
Ms. Salate suggested that the Board consult with Town Counsel or enlist the help of the state. He will email Mr. Gaumond about the Board’s concerns. This issue should be discussed as well on Tuesday, at the joint meeting with the Housing Authority.
RIGHT OF FIRST REFUSAL POLICY: CHAPTER 61
Mr. Vignaly stated that the Open Space Implementation Committee has reviewed this proposed policy and asks that the Planning Board also review it. Mr. Gaumond will need to coordinate the efforts and present it to the Board of Selectmen for acceptance. If land in Chapter 61 becomes available, this policy will put into place a process for the town to get first refusal in acquiring it. Upon motion of Ms. Halpin and second of Ms. Paré, it was unanimously voted to submit the “Chapter 61 Right of First Refusal Policy” to the Town Administrator for consideration by the Board of Selectmen.
Mr. Vignaly also stated that the Open Space Implementation Committee supports the proposed improvements to Goodale Park but wants to ensure that 10% remain truly “open space”.
Community Preservation Committee: A meeting of this committee will be held on March 23, 2010, Ms. Halpin reported. Attorney George Bernardin is having an appraisal be prepared for the Kent land on Lee Street. There is a possibility that this land could be acquired for the town through grants from the DEP, the CPC and the Water District. Mr. Salate stated that the Community Preservation Committee needs to erect signage to show the townspeople how the funds are being expended.
MINUTES/BILLS
An invoice from VHB for engineering review services was approved for payment.
Upon motion of Mr. Vignaly and second of Ms. Paré, the following Minutes were approved as amended:
Minutes of the Planning Board Meeting 5.
March 10, 2010
Minutes of the January 27, 2010 Planning Board Meeting.
Minutes of the February 24, 2010 Continued Public Hearing, 16 Woodland Street Site Plan Review
Minutes of the February 24, 2010 Continued Public Hearing, Star Tower Special Permit and Site Plan Review
Minutes of the February 24, 2010 Planning Board Meeting.
At 10:00 p.m., upon motion of Ms. Halpin and second of Mr. Vignaly, it was unanimously voted to adjourn.
Date Accepted:___________ By:______________________________
Karen Paré, Chair
Submitted By:_____________________
Susan Abramson
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