Planning Board, May 13, 2014
Planning Board Meeting Minutes
May 13, 2014
Memorial Hall
Members Present: W. Ritter, O. Lies, J. Head, S. Carlson, J. Michalak, T. Stratis
Members Absent: D. Lindberg
Others Present: P. Harding, Town Planner, Debra Sciascia, Recording Secretary,
7:00 PM: W. Ritter called the Planning Board meeting to order.
7:00 PM PUBLIC HEARING, SITE PLAN SPECIAL PERMIT, Common Driveway River Street, Riley, LLC: W. Ritter read the public hearing notice into record. The applicant has applied for a common driveway to service two house lots on 53 acres of land, located in the R-40. A staff meeting was conducted on May 1, 2014. Comments include:
- Deeds incorporating easements and maintenance requirements shall be provided to the Department of Growth Management prior to the start of construction.
- The total length of driveways to both homes must be provided.
- A sign containing both house numbers must be installed at the driveway entrance and fork.
- The turnaround area and driveway entrance must accommodate the turning radius of the Town of Holden’s largest tower truck.
- Filter fabric must be installed along the sides and bottom of the rip rap trench. The size of the rip rap stone must be increased from 3 to 6 inches.
- Any runoff from the driveway is prohibited from entering River Street. If this occurs remedial actions will be required.
- The driveway located within the easement accessing Map 106 Parcel 7 must be relocated prior to the issuance of occupancy permits.
Revised plans addressing town comments have been given to the Board. The only outstanding conditions will include deeds, remedial action for runoff, and relocation of the existing driveway.
John Grenier, JM Grenier Associates, for Riley LLC, conducted the presentation.
Board Comments:
OL: Asked for clarification of frontage of lots, and asked if there was going to be a third lot. Mark Ruffo, Riley LLC, informed him that there was, but located further to the north..
No Public Comments.
O. Lies motioned to close the Public Hearing. J. Head seconded. All in favor.
O. Lies motioned to approve with conditions 1-7 as listed above. J. Michalak seconded. Vote 6-0, all in favor.
Documents presented during review can be viewed in the Town Planners office.
PUBLIC HEARING, DEFINITIVE SUBDIVISION and AMENDMENT, Hill Woods Condominiums, 8 Scott Terrace: W. Ritter read the Public Hearing Notice into record.
Hill Woods is a development that was approved through the special permit process under the Town’s Affordable Housing. The approval was issued for the construction of 9 units. Two of the nine units were designated to be affordable. The developer construction 7 units, including one of the affordable units. The Planning Board issued an amendment to waive one of the affordable units after failure to identify an eligible buyer, leaving one affordable unit remaining. Since this time the developer abandoned the project, leaving 7 of the existing condominium owners with an unfinished roadway. Brief summary of the punch list includes repairing the existing basecoat, topcoat of pavement, installation of street lights, completion of as-builts, construction of hiking trails. The greatest concern is installation of the top coat, the base coat is starting to deteriorate and it is unlikely to withstand another winter, resulting in complete replacement.
The existing condominium owners were left with an unfinished project, the bank refused to foreclose on the project but held the outstanding loan. The existing condominium owners are proposing to sell the development rights to a builder and utilize the funds to pay tax liens and finish the top coat of pavement. However, to make sale of the remaining duplex feasible, the condominium association is seeking relief to construct the one remaining affordable unit, this no longer makes the special permit valid and the Association has a variance application before the Zoning Board of Appeals to allow a multi-family development within the R-1 zoning district. Under the Planning Board purview, the development will require subdivision approval for more than one building on a lot and an amendment to the existing subdivision approval (for the construction of the cul de sac within the public way) to remove an existing condition incorporating the Special Permit approval. All permits are valid until April 27, 2016 due to the permit extension act.
S. Carlson said that Spencer Savings Bank has nothing to do with the development any more, so it will not be necessary to recuse himself from the meeting.
Stephanie Goodwin, Hill Woods attorney, addressed the Board stating that they would like to remove the affordable unit, by special permit.
P. Harding gave a brief history of the project dating back to 2006. There are 9 condominium units. They are applying for variances for multi housing units.
S. Goodwin said she is meeting with the ZBA on Thursday for a variance for relief of single family housing to allow multi family in single family zoning. She has documents in escrow for developmental rights.
Laura Beckwith, 72 Beechwood Rd: Lives near a pile of dirt, and asked about the multi family housing. S. Goodwin said it was going to be a duplex.
Karen Taylor, 45 High Ridge Rd: Would like to see the neighborhood completed. She also said that the association has done a good job of maintaining the property.
Resident, High Ridge Rd: Commented that the pile of rocks and dirt were not pleasing, but there are good neighbors up there.
The bond is $8,400 for the public portion of roadway. The town will never be taking over the road servicing the condominium units, it will always be a private driveway. .
O. Lies spoke regarding the surplus of affordable housing.
P. Harding said the plan was originally approved in 2006. This was the town’s first low impact development. The road is in disrepair and probably won’t make it through another winter. DPW is asking for as-builts.
W. Ritter said he would like to continue this to the next meeting, to give Town Counsel time to review the documentation transferring ownership and development rights as well as rights to the Letter of Credit. Harding will create a draft decision ready for the next meeting, and S. Goodwin can get the documents to P. Harding.
J. Head and T. Stratis said they will not be at the meeting on May 27th, but D. Lindberg can participate if he reads the summary of meeting minutes.
J. Head motioned to continue the Public Hearing to May 27, 2014. O. Lies seconded. Vote 6-0, all in favor.
Documents presented during review can be viewed in the Town Planners office.
BOND REDUCTION, Stanjoy Estates, Phase I, January Lane: At the request of the development the Department of Public Works has provided a recommendation to reduce the bond for the January Lane subdivision from $66,307.37 to $12,147.48. The development is substantially complete with the exception of a few granite bounds markings for the right of way.
J. Head motioned to approve. T. Stratis seconded. Vote 6-0, all in favor.
Documents presented during review can be viewed in the Town Planners office.
ZONING BOARD OF APPEALS RECOMMENDATIONS, Comprehensive Permit, Chapter 40B, Fisher Terrace LLC: The design as presented was not feasible due to limiting environmental factors. The applicant must redesign the roadway and stormwater system to meet current DEP standards.
Documents presented during review can be viewed in the Town Planners office.
Special Permit, 8 Cedar Road, Clauda Tannous, Home Occupation Hair Salon: The applicant is applying to operate a hair salon out of her home in the R-10 Zoning District. This is allowed through the special permit process.
J. Head motioned no action due to no planning significance. T. Stratis seconded. Vote 6-0, all in favor.
Documents presented during review can be viewed in the Town Planners office.
APPROVAL NOT REQUIRED
Mixter Road, Xenos Contracting, R-40 Zoning District: The applicant is creating one house lot in the R-40 Zoning District. The lot meets the minimum area and frontage requirements.
J. Head recused himself from the vote. T. Stratis motioned to endorse the plan. J. Michalak seconded. Vote 5-0, approved.
Documents presented during review can be viewed in the Town Planners office.
2356 Main Street, Edward Leahy, R-40 Zoning District: This is a previously approved ANR from the last meeting. W. Ritter explained infectious invalidity. The owner was notified that a variance would be required to obtain a building permit for the vacant lot, and chose to amend the lot line. The plan is entitled to endorsement.
J. Head motioned to approve. T. Stratis seconded. Vote 6-0, all in favor.
Documents presented during review can be viewed in the Town Planners office.
MEETING MINUTES:
- November 19, 2013: O. Lies motioned to approve. J. Head seconded. W. Ritter abstained. Vote 5-0-1. Approved.
OTHER BUSINESS:
- Sign By-Law: Was postpone at last meeting due to a full agenda, the Building Commissioner will be attending a future meeting to review the sign bylaw.
REVIEW OF MEDICAL MARIJUANA BYLAW, TOWN MEETING:
P. Harding will have a handout of the by-law for Town Meeting. This is the only Planning Board item on the Town Meeting agenda. J. Head will represent the Planning Board. P. Harding will be there to answer questions.
Documents presented during review can be viewed in the Town Planners office.
SIGNING OF MYLAR, COVENANT, Oak Hill Definitive Subdivision Mylar plans and a covenant have been submitted for signature, and were signed by the Board.
Documents presented during review can be viewed in the Town Planners office.
NEXT MEETING: May 27, 2014. St. Marys Drive will be on the agenda.
S. Carlson motioned to adjourn. T. Stratis seconded. All in favor.
Adjourned 8:20 PM.
May 13, 2014 Minutes approved: