Zoning Board of Appeals, September 5, 2013-MILL POND REALTY

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

Paul J. Roiff, Trustee                                                                                            CASE NO. V 0501A

The Zoning Board of Appeals held a public hearing on September 5, 2013 at 7:00 p.m. in Memorial Hall in the Town Hall, 1196 Main Street, Holden, MA on Amendment requests of Special Permit SP0508 and Variance V0501 submitted by Paul J. Roiff, Trustee, Mill Pond Realty Trust for property located at 1665 Main Street.  

Members in attendance:  R. Spakauskas, S. Annunziata, R. Fraser, F. Lonardo and R. Butler.        

The Chairman called the hearing to order.  The Secretary read the application and both Findings of Fact.  The Chairman read letters from the Fire Department, Engineering Department and the White Oak Land Conservation Society regarding this case.

Attorney Leo McCabe, representing the application, addressed the Board.  He introduced Keith Beardsley, Property Manager for this project and Doug Andrysick, Surveyor and Engineer.  Atty. McCabe explained that the owner started renovations on the mill building and then stopped with the down turn of the economy and listed the property for sale.  However, there is a lack of clarity on the condo property and the dam.  To clear up these issues, the applicant is proposing a subdivision plan.  The plan will reduce Lot 1, the mill complex, from 2.67 acres to 2.29 acres, with the dam only on Parcel A containing 2,687 square feet.  With the creation of Parcel A, the existing side yard is being reduced to approximately 5 feet.  Lot 2, the condos, will not have legal frontage.  There will be no frontage on Main Street and only 54 feet on Hilltop Avenue.

R. Fraser asked if Parcel A would result in a separate piece of taxable property; it was answered yes.

R. Spakauskas asked to have the location of the dam pointed out on the plan.

Atty. McCabe explained that the ownership of the dam is split between White Oaks (40%), Mr. Roiff (40%) and the Sundin Trust (20%).  He submitted to the Board an accounting of the dam expenses from 2004 to current.  If the mill building is sold to a third party, there will be an escrow account set up for maintenance of the dam.

R. Fraser asked why Parcel A could not remain with Lot 1.  Atty. McCabe said that potential buyers are concerned about the lot line issue and the dam, which  prospective buyers do not wish to maintain.

Keith Beardsley, 74 Clarendon Street, Boston, MA said that Mr. Roiff also owns 2 other lots in Holden and he is prepared to continue to maintain the dam.

F. Lonardo asked if the applicant has discussed this subdivision proposal with town staff.

D. Lipka, Building Commissioner, explained to the Board that he has met with the design group relative to the dam parcel and the concerns are about maintenance in the Watershed Protection District.  The Department of Conservation and Recreation, along with several other people, have an interest in this.  Mr. Lipka said he agrees that an escrow account would need to be in place to guarantee maintenance for the dam.

F. Lonardo said he is not in favor of informal agreements and would not consider voting on this request without a formal agreement in place.  

R. Fraser agreed.  He made a motion to continue this hearing for sixty (60) days in order to allow time for the three parties involved in the future costs and repairs of the dam to reach a formal agreement, which will be reviewed by Town Counsel.  F. Lonardo seconded.  Vote 5-0, motion approved.

Patrick Nugent, 39 Village Way, expressed his concerns with the maintenance of the dam and what would happen after the expiration of the escrow account.  

 

   

 

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                                                Ronald E. Spakauskas, Chairman