Planning Board, May 12, 2015
PLANNING BOARD
May 12, 2015
TOWN HALL MEMORIAL HALL
Members Present: William Ritter, Tina Stratis, John Michalak, Otto Lies, Scott Carlson
Members Absent: David Lindberg, Jeff Head
Others Present: Pam Harding, Town Planner, Elizabeth Fotos, Recording Secretary
7:00PM Meeting Called to order by W. Ritter
PUBLIC HEARING AMENDMENT TO DEFINITIVE SUBDIVISION WAGNER MEADOWS- Amendment to Conditions and Street Acceptance
P. Harding told the Board that this was a public hearing that was opened at the previous Planning Board meeting. She stated that there was a change of thinking based on DEP policy that if pump stations overflow even if they are privately owned, the Town would be responsible for clean up and notification. She told the Board that J. Woodsmall, DPW Director believes that it would be better for the Town to have ownership to ensure that all of these pump stations are properly maintained.
P. Harding told the Board that Mark Elbag, Water/ Sewer Superintendent had emailed in response to the Planning Boards questions and stated that there are currently 26 sewer pump stations being operated by the Division. M. Elbag indicated that he was unable to assign a cost to an individual pump station as the operating expenses are spread out over several line items within the Division’s Operating Budget.
W. Ritter asked if there were any public comments or questions; no members of the public stepped forward.
W. Ritter opened the questions up to the Board.
S. Carlson stated that there needed to be some sort of cost factor to see how ownership of these pump stations would impact the Town’s Budget.
O. Lies agreed with S. Carlson.
P. Harding stated that it was just not the way items were budgeted for the Division.
J. Woodsmall stated that DPW budgeted in a variety of different line items; he stated that they could do a calculation of each pump station but that they have individual electricity, sewer maintenance line item, tools, supplies, overtime, and man power. He stated that they do not itemize the labor items for each pump station.
S. Carlson asked what the life of a pump station was.
J. Woodsmall replied about 30-40 years. He stated that the Town was doing upgrades on the two oldest systems in town. He stated the pumps need to be rebuilt every few years and they need to be cleared quarterly which would be an additional cost. He stated that if this was the first pump station the Town was taking over, it would be a different story, however because it is the 27th, the added expense is incremental.
T. Stratis asked if the Town was taking over all the pump stations with the new developments in mind.
J. Woodsmall replied that DPW did intend to take ownership of all of them.
W. Ritter asked about the one located in West Boylston.
J. Woodsmall replied that there is an agreement with West Boylston where the cost is shared and the Town covers 16% of the cost.
W. Ritter again asked if the public had any questions or comments.
Mr. Peters, Preservation Lane was present. He asked if something goes wrong would that mean that the Town would get money from the builder to fix everything as they were paying into an escrow fund. He also asked what would happen if this was turned down.
T. Stratis asked if he was referring to a Home Owners Association (HOA).
P. Harding stated that right now, they (HOA) were responsible for issues.
W. Ritter stated that the HOA was currently responsible for maintenance, upkeep, and capital improvements.
Mr. Peters stated that his concern was with the builders and their ability to follow through. He stated that he had a vested interest in this and he was concerned with the builder being responsible for this upkeep years down the road. He asked who the HOA was.
W. Ritter replied and told Mr. Peters that his concerns were one of the reasons that DPW wanted to take over the pump stations. He stated that DPW was better equipped to maintain them over time and in the event that the station breaks down, the Town would be responsible for fixing it regardless.
Mr. Peters stated that he had serious doubts that the builder would follow through. He told the Board that he understood that he lived in a small development in a larger Town but he asked the Board to please accept this for his and his neighbors’ safety.
W. Ritter replied that this item was similar to snow plowing.
T. Stratis asked if the pump station was in good shape and working condition.
W. Ritter replied that was one of the reasons that DPW wanted to inspect the pump stations before taking it over; they wanted to ensure that there were no known issues.
J. Woodsmall replied that there were some things that were not up to DPW standards and that they needed the Board of Selectmen to accept an easement. He stated that they may ask the HOA for funding to bring the station up to DPW standards.
T. Stratis asked if DPW had the opportunity to review and if it was in good condition.
J. Woodsmall replied that they did.
P. Harding replied that both the foreman and Mark Elbag, Water & Sewer Director did an inspection and both felt that it was in good working order. She stated that they had indicated one issue was attaching the pump station to the Town’s system.
J. Michalak stated that there is benefit for the Town to take over the pump stations and DPW wants to do so. He stated that J. Woodsmall mentioned going to the Selectmen; he asked if there was any other decision that needed to be made based on money. He stated that he knows there is a money component however it did not seem as though that is where the Planning Board comes into the equation; he stated that it seemed as though the Planning Board was setting a policy.
W. Ritter stated that the Planning Board was making subdivision approval. He stated that it did not mean that the Town was taking over the pump stations, the Board of Selectmen would also need to accept ownership.
P. Harding told the Board that the Board of Selectmen also serves as the water/sewer commissioners.
O. Lies asked if DPW had actually requested taking over the pump stations. P. Harding replied that they had.
O. Lies asked if the current owners had requested that DPW take over the pump stations. P. Harding replied that the request did not come from the owners; it came from DPW.
O. Lies replied that he still believes that the cost needs to be a factor. He stated this was a benefit to the current owner and that he believes DPW needs to come up with some sort of exchange.
W. Ritter replied that he believes that the water/sewer commissioners (BOS) would do that. He stated that the Planning Boards issue is about the conditions of the subdivision and if they (Planning Board) agree to changing the subdivision.
O. Lies asked if the Planning Board would permit it however they would not be involved in the details of the cost.
J. Woodsmall replied that if and when they go to the Selectmen, they (DPW) will have evaluated if there is additional funding needed in order to take over the pump stations properly and if they were going to ask the HOA’s to do this. He stated that he was not going to ask DPW to go down the money pit. He stated that there was no benefit to the developer one way or the other, it is up to the HOA to maintain the pump stations, not the developer; the developer is already transferred ownership of all the lots.
W. Ritter agreed and stated that the benefit would be to the HOA.
J. Woodsmall stated that they did not want to rely on a group of home owners to maintain the pump stations as they do not have the technical or operational knowledge to do so. He stated in order to protect the Town; it made more sense to have ownership of these systems.
O. Lies asked how J. Woodsmall felt these should be handled in the future.
J. Woodsmall replied that they assumed going forward that the Town would be taking ownership of the pump stations. He stated that looking at Oak Hill and Wachusett Valley, DPW went into it with the expectations that it would be public.
Motion by O. Lies, seconded by J. Michalak, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR WAGNER MEADOWS.
Motion by J. Michalak, seconded by O. Lies, it was UNANIMOUSLY VOTED TO AMEND THE WAGNER MEADOWS DECISION AS FOLLOWS;
CONDITION #16 SHALL BE AMENDED The Wagner Meadows Trust Agreement as recorded in Book 36152 Page 259 may be amended to allow for Town of Holden ownership of the sewer pump station. If Town ownership of the pumping station is obtained the Trust remains responsible for the operation and maintenance of the stormwater management facilities.
CONDITION #17 SHALL BE AMENDED to eliminate pump station to the list of unacceptable ownership and maintenance items so it reads as follows; The Town of Holden will not accept easements, ownership nor responsibility for maintenance of the detention/retention ponds, pump station, underground vaults, or downstream defender systems.
BULLARD ESTATES- Amendment to Conditions and Extension of Time
Motion by J. Michalak, seconded by O. Lies, it was UNANIMOUSLY VOTED TO APPROVE THE AMENDMENT TO CONDITIONS OF APPROVAL BULLARD ESTATES AS FOLLOWS
CONDITION #4 SHALL READ: Failure to complete construction in accordance with the provision of the Holden Subdivision Control Regulations by June 9, 2016, shall result in an automatic rescission of approval by the Planning Board.
CONDITIONS #8 SHALL BE AMENDED to allow for Town of Holden Department of Public Works ownership of the sewer pumping station within the Wagner Meadows Maintenance and Trust Agreement.
CONDITION #9 SHAL BE AMENDED 358 360 and 366 Bullard Street may connect to sewer and will not be required to enter into the Maintenance and Trust Agreement of the Wagner Meadow pumping station if Town of Holden ownership has been obtained at the time of connection.
STREET ACCEPTANCE RECOMMENDATIONS WAGNER MEADOWS
Hayfield Lane
Preservation Lane
P. Harding stated that Hayfield Lane and Preservation Lane were not ready for street acceptance yet. She stated that the shed and easement have been an issue and that a homeowner put a shed within 20FT path and there is no way to access the pond with the location so the developer is working with the homeowner to relocate the shed.
P. Harding stated that it is not ready for street acceptance right now but if they move the shed by Monday 18, 2015 it would be.
S. Carlson asked if when the Town accepts a street; they do an inspection of the retention ponds. P. Harding replied that they do.
I McCauley replied that it is included in the list of things that needs to be completed prior to street acceptance.
Motion by J. Michalak, seconded by O. Lies, it was UNANIMOUSLY VOTED TO CONTINUE THE STREET ACCEPTANCE FOR WAGNER MEADOWS TO MONDAY, MAY 18, 2015 AT 6:30PM AT WACHUSETT REGIONAL HIGH SCHOOL.
STANJOY ESTATES- JANUARY LANE
Steve Mirick, Stanjoy Estates was present in order to give an update. He stated that all items on the punch list have been addressed with the exception of grass pavers. He stated that DPW had requested a specific material that should be delivered within the next two days (May 13, 2015 / May 14, 2015) and will be installed as soon as it is on site.
P. Harding stated that DPW would be doing a final inspection on Friday (May 15, 2015).
W. Ritter asked if it was a one day job. S. Mirick replied that it was a one day to one and a half day job. He stated it would come in rolls and they would have two rolls going 140FT across the home owners land. He stated that the home builder is supposed to re loam the front yard but the structure of the pavers would be there.
T. Stratis asked about the curb cuts. S. Mirick replied that there is already a curb cut there.
Motion by S. Carlson, seconded by T. Stratis, it was UNANIMOUSLY VOTED TO CONTINUE THE STREET ACCEPTANCE FOR STANJOY ESTATES-JANUARY LANE UNTIL MONDAY, MAY 18, 2015 AT 6:30PM AT WACHUSETT REGIONAL HIGH SCHOOL.
SUBDIVISION CONTROL REGULATIONS- Road Width
P. Harding told the Board that she had included an inventory from DPW Chapter 90 inventory that contained the roadways and pavement widths and whether they have sidewalks so the Board could see the difference between 24FT, 26FT, and 28FT roadways.
O. Lies asked to see written comments from the fire department regarding their recommendations for street widths.
P. Harding stated that 24FT is fine but that she would get written comments from the Fire Chief.
W. Ritter stated that this item will be their next item on the Planning Board’s ‘To Do List’.
WARRANT ARTICLE – ZONING BYLAW AMENDEMNT Chapter 7.1 Section VII SIGNS and BILLBOARD
P. Harding told the Board that the Warrant Article; Zoning Bylaw Amendment, Chapter 7.1 Section VII Signs and Billboards was Warrant Article 26 for Town Meeting.
W. Ritter told the Board that the Selectmen did not support their changes.
P. Harding stated that the Selectmen did not feel that the Planning Board gave them (BOS) enough notification. She stated that the Planning Board had sent over placeholders on March 20, 2015, a redline was sent on Marcy 27th. EDC was sent the information on the same date. She stated that EDC met twice last year, December 1, 2014 and May 4, 2015.
P. Harding stated she would have a summary prepared for W. Ritter for Town Meeting regarding Warrant Article 26.
ZONING BOARD OF APPEALS RECOMMENDATINOS
204 Doyle Road Variance Side Yard Setback
Brian and Maria Corrigan
R-2 Zoning District
P. Harding stated that the applicant is requesting 2 FT of relief from the 15’ side yard setback requirement to allow for an addition.
O. Lies stated that he does not think this is significant and that he believes there is no impact on planning.
Motion by O. Lies, seconded by S. Carlson, it was UNANIMOUSLY VOTED TO TAKE NO ACTION FOR 204 DOYLE ROAD VARIANCE SIDE YARD SETBACK AS THERE IS NO PLANNING SIGNIFICANCE.
411 North Street- Variance Front Yard Setback
G&V Holden Real Estate, LLC R-40
P. Harding told the Board that the applicant is applying for 19’ of relief from the 40’ front yard setback requirement. She stated there is an existing non-conforming structure on the property and the applicant is proposing two additions.
Motion by O. Lies, seconded by J. Michalak, it was UNANIMOUSLY VOTED TO TAKE NOT ACTION FOR 411 NORTH STREET VARANCE FRONT YARD SETBACK AS THERE IS NO PLANNING SIGNFICIANCE.
30 Salisbury Street Special Permit Expansion of Non Conforming Use of R-10 Sunnyside Marketing and Sales
P. Harding told the Board that the applicant is applying for the expansion of a non conforming automobile repair shop in a residential zone to allow for the construction of a fabricated metal building to house an automotive framing machine.
W. Ritter asked if they were putting the extension in between the two existing buildings. P. Harding replied that they were.
J. Michalak asked why it was non-conforming. W. Ritter replied that it was considered a business in a residential zone. He stated that they are grandfathered in but because they are expanding, they need a special permit.
Motion by O. Lies, seconded by J. Michalak, it was UNANIMOSLY VOTED TO TAKE NO ACTION FOR 30 SALISBURY STREET SPECIAL PERMIT EXPANSION OF NON-CONFORMING USE R-10 AS THERE IS NO PLANNING SIGNIFICANCE.
APPROVAL OF MINTUES
None
MISCELLANEOUS
S. Carlson asked about the development on Salisbury Street and if he still had to maintain the sewers. P. Harding replied that he would have to maintain it but the property is under covenant.
S. Carlson asked how that happened. P. Harding replied that they will need to come to the Planning Board to request a release of covenants and bond the roadway and then they can sell.
S. Carlson asked if they can transfer the infrastructure. P. Harding replied that they can sell the rights but that whoever they sell it to is still under the same regulations the original developer was held to.
W. Ritter stated that this is a fairly common practice. He stated that is why there are covenants; to ensure the work is done.
J. Michalak asked if they needed to let the Planning Board know before they did this. P. Harding replied that they did.
O. Lies stated that the CMRPC is getting a new Executive Director. He stated that he is from NW Connecticut and is very experienced.
Next Meeting: Monday May 18, 2015
Motion by O. Lies, seconded by T. Stratis, it was UNANIMOUSLY VOTED TO ADJOURN THE MAY 12, 2015 PLANNING BOARD MEETING AT 7:48PM.
APPROVED: __________________
The May 12, 2015 Planning Board meeting minutes were approved on July 21, 2015
APPROVED: _____________________ __
Pamela Harding, Town Planner