Planning Board, August 12, 2014
Planning Board Meeting Minutes
August 12, 2014
Memorial Hall
Members Present: William Ritter, John Michalak, Scott Carlson, Tina Stratis, David Lindberg, Jeffrey Head, Otto Lies
Members Absent: N/A
Others Present: Pam Harding, Town Planner, Elizabeth Fotos, Recording Secretary
7:00PM Meeting Called to order by W. Ritter
PUBLIC HEARING: Definitive Subdivision/ Site Plan Special Permit, Wachusett Valley Estates- 325 Bullard Street, Greenstone Properties, LLC
The application was submitted for a 38 lot definitive subdivision and a Special Permit under the Open Space Residential Design bylaw. The plans and traffic report were distributed at a previous meeting. The site is approximately 40 acres located at 325 Bullard Street and is in the R-1 Zoning District. A staff meeting was conducted on July 23, 2014.
W. Ritter stated that this is a Special Permit and that it required 5 out of 7 votes to pass. He also stated all Board members are present at the August 12, 2014 meeting.
Mr. Jeffrey Brem the Principal Engineer from Meisner Brem Corporation who represents Greenstone Realty, LLC addressed the Board.
J. Brem handed out color drawings of the property to the Board.
J. Brem began the presentation by giving an overview of the property. He showed the location of the church, parking lots, and a small property. In addition he showed where the power line easement was located and he described the topography of the lot. J Brem showed the Board the location of the two wetlands on the property and he stated there was a school adjacent to the lot. J. Brem stated there was a yield plan that P. Harding had seen.
W. Ritter reminded J. Brem that the yield plan needed to be submitted in a timely manner for the Board to be able to properly review it prior to the hearing.
J. Brem demonstrated how they got to the developed acres at 20.92 acres. He also showed the layout of the 36 lots.
J. Brem outlined the water flow; he indicated that 6 lots will flow by gravity. He also showed the location of the hydrants.
J. Brem showed the section where they are asking for a waiver. This request is based on the fact that there is not the required 50FT of space required in accordance with D(2)(a) of the OSRD Bylaw.
J. Brem also reviewed the drainage. He stated that the drainage is always a concern and showed the direction in which water was being captured. He also spoke of the potential of using catch basins.
J. Brem also spoke regarding the wetlands that are located on the property. He said based on the wetlands that are located on the property he acknowledged the issue that it was presenting for the plans and stated that he was working with DPW for a solution. J. Brem also stated that there was a pump station that had yet to be designed and that they had also submitted a traffic report.
W. Ritter asked J. Brem what waivers he anticipated needing.
J. Brem stated there were five waivers:
- The roadway width: lowering the width from the required 28FT to 24FT
- Cul de sac: Currently islands in cul de sacs are a requirement of the Subdivision Control Regulations; the Town is requesting the elimination of the cul de sac island and requested a waiver be obtained to do so.
- Sidewalk: it is required to have a sidewalk on both sides of the street. There is wavier being requested to locate a sidewalk on one side of the roadway instead of both.
- Street offset: Streets entering opposite side of one another shall be laid out directly opposite or have a minimum offset of 125FT. Currently the egress abutting Lot 38 only has 80FT from Preservation Lane because they are trying to stay as far away from the wetlands as possible.
- Buffer Zone waiver: They are currently within 50FT in 2 locations. It is a buffer that they are requesting to reduce however there is no existing housing planned and just requesting it for the roadway.
W. Ritter asked if it was needed for Lot 36.
J. Brem confirmed they would. He suggested putting in a no cut zone.
W. Ritter stated that no because the purpose of the buffer is for the people that are going to live there.
J. Brem then confirmed that Lot 37 was a Lot so they would need a buffer for that as well.
W. Ritter asked if there were any other waivers.
J. Brem stated no there were not but he requested to reserve the right that if something new came up that he could ask for the Board to review.
W. Ritter asked P. Harding if she had anything additional to add.
Pam stated that a major issue was the location of storm water treatment within Zone A.
She also stated that TCC reviewed the traffic report and plans and they want to see the applicant try to adhere to the required 125’ distance between two opposing intersections..
P. Harding also said that there was not currently a lot for the sewer pump station. She stated that the Town asked for it to be on a separate parcel. She indicated Isabel McCauley from DPW was present and could review further.
I. McCauley stated that there is a corner of the parcel that is considered Zone A, and Zone A is protected property. She stated that the applicant is proposing to install a storm system that will basically collect the water and clear it back to the natural areas. She stated that Zone A has a 100FT buffer zone and the ponds have to be located outside of this 100FT Zone. She also stated that the discharge cannot be within the buffer zone. I. McCauley further said that the applicants design showed the pond to be moved outside the buffer but for the discharge to remain inside the buffer zone, which is also not permitted.
I. McCauley further stated that there are 3 ponds being proposed. She stated that the DPW requested the applicant to provide soil testing on the locations where the ponds are being designed, soil characteristics, and other things recommended in the storm water handbook.
W. Ritter indicated that the Zone A was the biggest concern.
I. McCauley confirmed it was prohibited to discharge within Zone A. She showed where the applicant initially had the pipe placed and had then moved it outside of that area however she said that the pipe where the water was coming out of was still within the buffer zone. While this is prohibited, the applicant is talking to the DPW to see if any exceptions can be made.
P. Harding also added that there is an additional waiver needed for the subdivision regulation which requires a minimum of 125’ separation to the centerline of roadways on opposing sides of the street, the proposing roadway is within 90’of Hayfield Lane in Wagner Meadows.
W. Ritter opened up the meeting to the public for Town comment.
Other town comment
Mr. Robert Comen, 299 Bullard Street (to the right of Lot 37).
R. Comen stated that he was very concerned of the impact of the water displacement. He wanted to know with an already high water table where the water would go and wanted to know what guarantees he would have that his backyard would not turn into a swamp. He further expressed his concern regarding the potential for a decrease in the value of his property based on some of these issues. R. Comen also stated his concern regarding the retention ponds and the potential for more of issue with bugs and mosquitoes. He finished by mentioning the ongoing traffic study and stated that he is overall nervous that his home sits right there and that his property value is going to diminish.
W. Ritter questioned the location of R. Comen’s property.
R. Comen stated he is the front property. He also asked if it is proper for the Planning Board to be moving forward with their process before the applicant went through the Conservation Commission.
W. Ritter confirmed that often times the Planning Board and the Conservation Commission work simultaneously.
P. Harding confirmed that the Conservation Commission had already had one hearing and that there is a review and there is the possibility that they may request changes.
Mr. James Demetry, 296 Chapel Street
J. Demetry stated that he lived by the power line easement. He questioned a dotted line indication from Bullard Street westward and southerly. He wanted to know if this survived or would be abandoned.
J. Brem stated there is a right of way that Greenstone Properties purchased.
W. Ritter confirmed that J. Demetry was concerned about the right of way and if it would go through his property.
Mr. Josh Olsen, Green Stone Realty, LLC ,Rindge NH
J. Olsen stated that the easement that J. Demetry was speaking about was purchased and will be dissolved. He stated it was not a power line easement and that it will be eliminated.
J. Demerty requested to review the plans and he was given permission to do so.
W. Ritter asked if there was any other public comment. No members from the public spoke.
W. Ritter then opened it up to Board questions.
T. Stratis asked if it was possible to move the retention pond to the open space in the middle of the parcel.
J. Brem stated they could not do that because it was 10’ high. He stated that he had been in this line of work for 31 years and had never come across a Zone A. He expressed his feelings on the regulations and said that he had been working with the DPW and DEP to solve some of these issues in a satisfactory manner. He also stated that there is another solution called country drainage. He explained that this process lets the water go where it needs to go and is not concentrated. He asked to go back to the storm water management committee to work out these technical issues.
W. Ritter asked how long J. Brem thought that would take.
J. Brem stated that with the end of the summer and vacations he was unsure of an exact timeline.
O. Lies stated that thus far he was uncomfortable with what he had heard. He stated he wanted to hear from the Conservation Committee and that there are major issues surrounding the drainage on the parcel. O. Lies also stated that another issue is the open space that was created, he questioned who owned it.
J. Brem stated that White Oak had expressed an interest in owning it.
O. Lies stated that he believed it would be difficult to open to this to the public if it was only accessible from the inside of the subdivision.
J. Brem stated that there is also access from the Mayo School.
Mr. Norman Vigeant, 136 Bullard Street
N. Vigeant stated that there are nature trails behind the baseball fields.
W. Ritter asked if they are proposing to connect the open space to the trails.
J. Brem stated he would follow up on that point.
P. Harding stated that it also abuts DCR property.
W. Ritter asked P. Harding what was on that property.
P. Harding stated that it was usually left open to the public.
W. Ritter spoke about the open space stating that there is usually something positive for the public done; walking/hiking trails, parking, etc.
J. Brem told the Board and the public that it was gorgeous land and would be great for hiking trails.
J. Head stated that he agreed with O. Lies and would like more information about the open space. He also wanted to know if there was any other option regarding the 125’ separation to the centerline of roadways.
J. Brem replied that it would be moved closer to the wetlands or they could do something unusual such as making it a one way or just an emergency access street. He also told the Board that they had the report from the supplemental traffic report as well.
J. Michalak questioned J. Brem on the leaching basins.
J. Brem replied that there is currently some run off so they had agreed to put in catch basins and the Town accepted.
J. Michalak also asked P. Harding if there was going to be additional drainage review.
P. Harding confirmed that there would be.
J. Michalak asked if the easements were allowed to have buffers. He asked in the future how people would know that they were not allowed to build anything after a certain point.
J. Brem stated it would be on the deed and that the developer would not clear it. He also stated that there is usually a granite marker stating that there is a no cut zone.
W. Ritter suggested placing some sort of legal restriction on the deed so everyone would know the limitations.
S. Carlson asked if the drinking water was Wachusett water shed.
P. Harding stated that it was not directly discharge but that Zone A feeds into the drinking water.
J. Brem stated that there is no stream on the parcel and they are waiting on DEP for further comment.
S. Carlson asked about the road easement and if there were other options.
J. Brem stated they could do a one way left so it was an entry only point.
S. Carlson also asked about the waiver of the 50’ around the perimeter of the property and if it pertained to the wetlands.
J. Brem stated it was the tree lines.
S. Carlson asked if they were planning to design 2 pumping stations in the event that one needed to be repaired.
J. Brem stated there was plenty of room but there was not the intention to do that.
S. Carlson questioned P. Harding about having done that prior.
P. Harding stated that she was unsure about this pumping station because the design for the pumping station hasn’t been completed.
Isabel McCauley stated that she believed S. Carlson was speaking of the Oak Hill property where it was requested to put an additional area for a second well. She stated that was done in that case because the surrounding area could still be developed with subdivisions; so instead of having different pump stations in the area one additional station could accommodate everything.
S. Carlson asked if any further development could happen and he also asked if the retention ponds would be owned by the Town.
P. Harding stated there would be a HOA that would own the ponds.
O. Lies asked to come together with DPW to review bylaws about roadways.
I. McCauley stated that the DPW is supportive of the 24’ wide roadway and would be willing to provide a summary of the designs they would support; the width, one sidewalk, cul de sac.
W. Ritter thanked I. McCauley and said that would be great.
S. Carlson asked how the school would be impacted with the water flow.
J. Brem stated that drainage wise everything would flow away from the fields.
W. Ritter questioned how comfortable the builders were with the drainage from the two existing homes that were within the subdivision.
J. Brem indicated they were very comfortable and he felt as though the property owners would be in better condition because everything would be flowing away from there land and the large parking lot and church building which previously drained onto their property was being removed.
R. Comen again asked for a guarantee that he would not experience any increase in water.
W. Ritter asked if the Town had reviewed the drainage.
P. Harding replied that they were reviewing it.
W. Ritter asked for the report to take special notice to the two existing properties.
S. Carlson asked if it was possible to walk the property
W. Ritter told him to notify P. Harding so she could set that up.
Rochelle, Walnut Street, Holden
This resident wanted to Board to look at the open space and the plans. She felt as though the movement of approving plans was happening before they had all the information presented. She felt as a tax payer and a parent she would like to know more about the open space plans.
P. Harding verified that this often happens simultaneously. While the applicant should have had a little more information submitted with the application, it does have to happen concurrently.
T. Stratis asked about the nature trails and if they would still be there when the development was completed.
N. Vigeant, 136 Bullard Street, stated there was flowing water back there and the nature trails were located behind the fields (off the map that was presented)
W. Ritter asked J. Brem if the water would drain in that direction.
The public also asked what the definition of a stream would be.
J. Brem confirmed that it would be considered a stream regardless of if it’s intermittent.
J. Olson, Green Stone Realty, stated that of the existing trail, about 75% will still remain after development.
J. Brem stated that the developer needed to coordinate with White Oak and outline where the walking and hiking trails would be located in addition to where the parking would be.
Jeremy Vigeant, 136 Bullard Street, stated he would be going into 5th grade at Mayo School and he wanted to know if the developing will disrupt his classes.
J. Brem ensured J. Vigeant that his school would not be disturbed and there may even be some positive outcomes for the school.
W. Ritter asked about the noise.
J. Brem stated that the noise should be very little.
J. Head asked the location of the proposed Holden Youth Soccer Field.
P. Harding verified it would be located on the other side of the school.
J. Head asked what the general size of the homes would be.
J. Olsen stated the homes would be 4 bedroom houses; 2000SQ FT and up.
W. Ritter outlined what needed to be accomplished; yield plan, conservation issues, offset on the roadway issues, drainage issues, design of pump station, road width, and waiver issues. He asked the J. Brem if he felt he needed to have resolution on the conservation issues before coming back before the Board.
J. Brem felt that there were other things that needed to discussed including open space plan, traffic, and yield and wanted to come before the Board again soon.
W. Ritter reminded them that the waiver request and the yield should have been completed previously. He also stated that the time frame needed to be realistic for the town staff to review, present and submit to the Board in their packages.
J. Brem apologized.
P Harding stated the special permits would expire on August 30, 2014.
W. Ritter stated that an extension would need to be requested.
The Board discussed with J. Brem the timeframe of getting new information into the town for review in addition to setting the expectation of obtaining all new information not piecemeal the presentation. He suggested having them come back in front of the Board for the first meeting in October (October 14).
P. Harding handed J. Brem the continuance request form.
Motion by D. Lindberg, seconded by S. Carlson, it was UNANIMOULSY VOTED TO GRANT A CONTINUANCE OF THE PUBLIC HEARING TO OCTOBER 14, 2014.
J. Brem dropped off additional documentation with P. Harding.
D. Lindberg left the meeting at 8:16PM.
APPROVAL NOT REQUIRED- ANR
Princeton Street- David Brunelle, R-40 Zoning District
P. Harding handed out the plans for the Board to review and stated that the only change from the Boards previous viewing of this parcel was the addition of a house design for lot 2.
W. Ritter asked if all the lots meet the lot width requirements.
P. Harding confirmed.
Motion by J. Head, seconded by T. Stratis, it was VOTED TO APPROVE THE ANR FOR R-40 ZONING DISTRICT, PRINCETON STREET BY A VOTE OF 6-0 (D. Lindberg not present).
658 Reservoir Street, Jon Holmes, Trustee R-40 Zoning District
P. Harding handed out the plans for the Board to review and stated that this applicant is dividing 4 additional house lots and that it is in the R-40 Zoning district.
W. Ritter asked it if was entitled to endorsement.
P. Harding confirmed it was.
Motion by S. Carlson, seconded by J. Head, it was VOTED TO APPROVE THE ANR FOR R-40 ZONING DISTRICT, 658 RESERVOIR STREET BY A VOTE OF 6-0 (D. Lindberg not present).
ZONING BOARD OF APPEALS RECOMMENDATION
Special Permit: 63 Highland Street
The applicant is requesting a Special Permit for a home occupation to operate a homeopathic office out of her home in the R-2 Zoning District.
J. Michalak stated that he reviewed what the business entailed and wanted to confirm that there would not be any drug distribution or surgeries occurring at the location.
P. Harding told the Board that she would be restricted to one employee at a time.
Motion by J. Head, seconded by O. Lies, it was VOTED TO MAKE A MOTION OF NON-SIGNIFICANCE - VOTE OF 6-0.
MEETING MINUTES
Motion by J. Michalak, seconded by T. Stratis, it was VOTED TO APPROVE THE JUNE 24, 2014 MEETING MINUTES BY A VOTE OF 4-0-2(J. Head: abstain, S. Carlson: abstain, D. Lindberg: not present).
OTHER BUSINESS
O. Lies asked about the recent run off issue for the storm that happened in July. He stated that the applicants and towns engineers ensured that the run off would not occur and it did; he wanted additional information regarding the event.
P. Harding stated it was a conservation issue that occurred because of a significant storm and measured had been taken to correct it, the runoff that Otto is referring to was post construction runoff, the detention basin has not been constructed yet.
S. Carlson asked if the work had been completed yet.
P. Harding stated that they were waiting on a Conservation Commission meeting and to get the site stable before completing the work.
O. Lies asked about goals and meeting with other Boards. He wanted to work together with other boards, in particular the EDC and ZBA.
W. Ritter asked P. Harding to reach out to the other Board Chairman and see if there was interest in meeting with one another.
W. Ritter asked about the Salisbury Street/ Oak Hill work.
P. Harding confirmed there had been no issues yet.
Next Meeting: September 9, 2014.
Motion by O. Lies, seconded by J. Michalak, it was VOTED TO ADJOURN THE AUGUST 12, 2014 PLANNING BOARD MEETING AT 8:37PM BY A VOTE OF 6-0 (D. Lindberg not present).
APPROVED: __________________
______________________________
Elizabeth Fotos, Recording Secretary