Planning Board, September 10, 2013

Meeting date: 
Tuesday, September 10, 2013

Planning Board Meeting Minutes

September 10, 2013

Memorial Hall

Members Present:            W. Ritter, D. Lindberg, O. Lies, S. Carlson, J. Michalak (7:10 PM), J. Head

Others Present:                P. Harding, Town Planner, D. Sciascia, Recording Secretary

7:00 PM:  W. Ritter called the Planning Board meeting to order.

APPROVAL NOT REQUIRED, 481 Wachusett Street, R-1 Zoning District, David Coolidge:  The applicant is creating one new building lot in the R-1 zoning district.  Both lots have the required area and frontage.

O. Lies motioned the plan is entitled to endorsement.  J. Head seconded.  Vote 5-0, all in favor.

Documents presented during review can be viewed in the Town Planners office.

PUBLIC HEARING, SITE PLAN REVIEW / SPECIAL PERMIT, Newell Road, Common Driveway, Ridgemont Properties:  The applicant is proposing a long common driveway to service two house lots located in the R-10 zoning district.  The purpose of the common driveway is to avoid a wetland crossing.  The driveway measures 500’ to the fork.  The buildings are extremely close together but the buildable area is restricted by the presence of wetlands.  No staff comments have been received to date.

The Applicatn submitted a request for a continuance to allow time to work with the Fire and Engineering Departments to resolve outstanding issues.  Scot Carlson voted to continue the public hearing, J. Head seconded the motion, all were in favor.  Public Hearing continued to October 8, 2013 at 7:00 PM.

Documents presented during review can be viewed in the Town Planners office.

PUBLIC HEARING, AMENDMENT TO SITE PLAN REVIEW / SPECIAL PERMIT, 1665 Main Street, Jefferson Mill, 47 Condominium Units, Mill Pond Realty:  W. Ritter read the Public Hearing Notice into record.  It was explained to the applicant that they require a supermajority vote, 5 out of 6.

The applicant is proposing to create a separate building lot containing the two mill buildings for the purposes of selling the property.  The ownership and maintenance responsibilities for the Village Way condominiums and the Jefferson Mill buildings were previously divided by an easement plan.  The proposed site plan amendment is converting the easement lines into lot lines for purposes of dividing and selling the Jefferson Mill building.  The plan also proposes a “Parcel A”, which isolates the dam located south of the mill.  The Department of Growth Management and the Department of Public Works have concerns that isolating ownership of the dam removes the incentive for required maintenance.  Board members have a copy of the original site plan/special permits conditions of approval for review.  The plans and application were distributed at the August 20, 2013, meeting.

Leo McCabe, Attorney, representing Mill Pond Realty Trust addressed the Board with general history of the project.

Mill Pond Realty Trust and White Oaks both have a 40% interest in the dam.  Sundin has a 20% interest.

Doug Andrysik, Andrysik Land Surveying, engineered the plans, and illustrated the plan to the Board.

Leo McCabe’s request for waivers have been submitted.

The property owner of lot 1 agreed to put $5,000 in escrow to maintain the dam, should he sell the property.  W. Ritter stated that the ZBA and the town are not going to maintain the dam.  P. Harding said that DPW and the Fire Chief commented on creating a separate parcel containing the dam, and both departments have concerns the parcel and dam maintenance will be abandoned..  White Oak sent a letter dated 9/13/13 which P. Harding read into record.

Public Comments:

  • Valerie Sampson, Trustee for Mill Pond Place, asked for map clarifications.

Board Comments:

  • O. Lies:  Asked how Sundin has connections to the dam properties.  Doug Andrysik believed they were asked to share in the upkeep of the dam.  P. Harding explained that part of Eagle Lake ran under Sundins building.

Leo McCabe read and explained interests in the properties.  A handout of variances on amendments to variances and special permits that were submitted to the ZBA were distributed.  W. Ritter stated that if approved, they would be approving a lot/parcel that would end up being owned by the town by default.

  • O. Lies was concerned with whose responsibility it was for plowing the easement.
  • J. Michalak said it sounded like parcel A doesn’t include all parts of the dam.  Doug Andrysik explained the earthen areas, wall etc. and how it was split.

Leo McCabe said the map with divisions of the dam are dated 1985.

  • J. Michalak said that eventually the dam will need to be replaced, and all owners will have an interest, and a line on a plan doesn’t define responsibility.
  • S. Carlson wanted to know what kind of revenue will the town lose if this building remains empty.

Leo McCabe asked to continue to 60 days to resolve concerns the Town had with maintenance responsibility.

William Ritter explained he would entertain the continuance but will have serious reservations about any agreement established which could eventually lead to abandonment of the dam.    

Motion to continue the decision for 60 days to give the applicant till November 22, 2013, for the developer’s decision.  Vote 6-0, all in favor.

Documents presented during review can be viewed in the Town Planners office.

OTHER BUSINESS:

  • Walkable Communities:  Met August 27, 2013.  Some recommendations were made.  J. Michalak, O. Lies, J. Woodsmall, and P. Harding attended.  O. Lies informed the Board how the guided tour went.  J. Michalak said it went well.
  • Vista Circle Retaining Wall:  The wall is complete.
  • S. Carlson discussed indoor pellet stove and carbon monoxide, he was informed this was Board of Health issue.

NEXT MEETING:  September 24, 2013.  Oak Hill will be on the agenda.

Mt. View School will be on an October agenda.  W. Ritter was not sure if he could participate.

D. Lindberg motioned to adjourn.  J. Head seconded.  All in favor.

Adjourned 8:20 PM.

 

September 10, 2013 Minutes approved:                                  

 

 

                                                                                               

Debra A. Sciascia, Recording Secretary