PLANNING BOARD MEETING
The Chairman, Paddy Culbert called the meeting to order at .
The Secretary, Mr. Bill Scanzani, called the roll:
Paddy Culbert, Bill Scanzani, Peter McNamara, Gael Ouellette, Robin Bousa, Alternate Bob Yarmo, Alternate Raymond Brunelle, Selectmen Representative Hal Lynde (arrived after the meeting commenced), Planning Director Amy Alexander
Mr. Culbert informed that Mr. Brunelle would be voting in Mr. DeLuca’s absence.
Ms. Alexander said that the applicant had applied for a bond release and asked that the 30% retention amount be waived based upon the condition of the site. She said the site had no drainage issues (it was sandy), the wetland had been marked and there were no slopes. She didn’t foresee any issues with the site. Ms. Alexander said that part of the work remaining was the loam and seed, which was not included in the bond being discussed.
Mr. Lynde arrived.
It was noted that the road was built last year, and paved this year. Mr. Scanzani and Mr. Culbert were not in favor in reducing the bond less than the required 30%. There was a brief discussion regarding the amount to be reduced and what amount would be retained. It was confirmed that the current bond amount was $99,000.
(Scanzani/Ouellette) To release $49,940 of the $99,000 bond. The retained amount will now be $49,060.
(7 - 0 - 0) The motion carries.
Mr. Peter Zohdi, Herbert Associates met with the Board to
discuss a conceptual review at the end of
Mr. Scanzani asked for the length of the road. Mr. Zohdi said that
Ms. Bousa asked what width the wetland crossing would be. Mr. Zohdi said the wetland crossing would be approximately 210ft.
Mr. Scanzani said he was against narrowing the road, but at
the same time felt the plan was not bad for connecting to
Mr. Culbert wanted to know if the wetland disturbance would return to its natural state. Mr. Zohdi said that approximately 11,000SF would need to be disturbed, but the addition of the cross-culvert would ensure that the water flow would stay the same. Mr. Yarmo asked what portion of the road would be within the WCD. Mr. Zohdi said approximately 700ft would be within the WCD. He pointed out that three reverse curves had been designed to help keep the road out of the WCD.
Mr. McNamara asked how the road width would be
narrowed. Mr. Zohdi said he would like
to taper the road to 22ft at Station 6100, and then at Station 6400 to
Mr. Scanzani asked if the tangent radius would be met. Mr. Zohdi said that he wouldn’t be able to
comply with the subdivision regulations, which he pointed out were
incorrect. Mr. Scanzani was not in favor
of the road design as shown due to the curves, but was in favor of the
Mr. Culbert ended the discussion. Mr. Zohdi thanked the Board members for their input.
Map 11 Lot 93 - Cormier & Saurman Building, LLC - Dutton Road - Proposed Elderly Housing for Site Plan Review and Seeking Special Permit for Wetland Crossing
Ms. Ouellette and Mr. Lynde stepped down for this case only. Mr. Culbert informed that Mr. Yarmo would be voting in place of Ms. Ouellette. He confirmed with the abutters that there was no longer an open negotiation being discussed between the applicants and the abutters.
Attorney Paul DeCarolis, representing the applicants, met
with the Board to discuss the proposed elderly housing site plan review. He discussed the ownership of
Mr. Peter Zohdi, Herbert Associates discussed the plan with
the Board. It was his understanding that
the Fire Chief would like access from
Mr. Zohdi said he would like the opportunity to stake the centerline of the road and have the Board review. He noted that of the 15 units, twelve would be one-bedroom units and three would be two-bedroom units. Mr. Culbert asked what the age requirement would be for tenants. Attorney DeCarolis said the housing would be for people sixty-two years and older. Mr. Culbert asked if the housing was HUD approved. Mr. Zohdi said the applicant would not be going through HUD. Attorney DeCarolis said he would research if the HUD parameter needed to be followed. Mr. Yarmo asked if age-restrictive developments were required to have a club-house, or office building. Attorney DeCarolis said that the Town’s ordinance there was no requirement for a club-house and reiterated that he would check the HUD requirements. He said the Town’s Elderly ordinance required open space. Mr. Culbert said that if the state’s requirements were more stringent, the applicant would have to follow the state.
Mr. Yarmo asked that the Fire Chief’s opinion be obtained
regarding the WCD. Mr. Scanzani said the
file contained a letter from the Fire Inspector dated
Mr. Yarmo said that building one was not consistent with what the Board had done in the past, which was to request that structures be moved from the WCD for rural maintenance. He asked the status of doing an EIA and having an independent company designate the wetlands. Mr. Zohdi recalled that the Board wanted Town Counsel’s opinion before a study was compiled. He requested that the Board review the site and if needed, his client would pay for further research. He noted that the edge of the wetland was flagged and numbered. He said he would stake the driveway before the Board reviewed. Mr. Culbert said that during the site walked the buildings should be flagged, as well as the centerline of the driveway, the corner of the building, the WCD and the wetlands.
Mr. McNamara, who had not yet finished reviewing Town Council’s (Attorney Diane Gorrow) letter, said that one point raised was that the Board was within its power to accept the plan for consideration. He asked the opportunity to continue reviewing the comments.
Ms. Julia Steed Mawson,
Ms. Shirley Wakefield,
Mr. Jim Malapan,
Ms. Linda Elliot,
Ms. Ruth Gravel,
Ms. Barbara Doucot,
Ms. Alicia Hennessey,
Ms. Wakefield asked how many gallons the septic would be
able to handle. Mr. Zohdi discussed the
state’s requirements and noted that a similar building in
Ms. Steed Mawson asked for further explanation of how a retention wall worked. Mr. Zohdi outlined how a retaining wall worked and offered to meet with Ms. Steed Mawson to show her examples. He said the water would flow under the road and flow as it did pre-construction.
Mr. Scanzani found no waiver requests in the file and asked
if any would be coming. Mr. Zohdi said
there were no requests at this time. Mr.
Scanzani asked the abutters if there was something that the developer could do
to within the development of the project, by constructing it in a certain manner,
which would help solve a current drainage situation. Ms. Doucot was concerned that a similar situation
Ms. Bousa noted that the plan and the drainage study should be sent out for review by the Town’s engineering company. She said that the Board should also inform what studies would be needed. Mr. Culbert requested that an EIA be done (area wide). It was noted by Ms. Bousa that a traffic study would not be needed, as she explained at a previous meeting. She said that site access was the important issue. Mr. Culbert went on to request that an independent wetland study be done using Mark West’s group. He said that the plan should also be reviewed by the Conservation Commission. Mr. Yarmo requested that the site walk be done before Conservation reviews the plan. Mr. Culbert said that the site walk will be scheduled once the studies are received.
At the request of Mr. Zohdi, the plan was date specified to
Ms. Ouellette and Mr. Lynde rejoined the Board. Mr. Culbert informed Mr. Yarmo that he would no longer vote for Ms. Ouellette.
Ms. Alexander noted that there had been a problem with abutter notification, therefore abutters had been re-notified.
Mr. Scanzani read the list of abutters aloud. The file did not contain any written correspondence from abutters. There were two abutters present whose names were not read aloud, but had received notification from the Planning Department of the meeting. Mr. Scanzani reviewed the certified mail cards and confirmed that all the abutters had been notified.
Mr. Peter Zohdi, Herbert Associates presented the plan to the Board. He began by thanking the Board for attending the site walk. He said there was a general consensus from the Board at the site walk to move the road, and lose a lot. He noted that three lots would be duplex lots and the remaining would be single-family lots. He reviewed with the Board how the plan had changed. He noted that the applicant may not build duplexes, but that they wanted to reserve their right.
Mr. Yarmo said that the Conservation Commission could not support the plan because of the wetland impact. Mr. Zohdi showed the two wetland crossings on the plan. He said that he tried to get the road between the two wetlands and keep in the high and dry area.
Mr. Brunelle asked if the duplex lots would share driveway, or if there would be additional clearing to access each house. Mr. Zohdi said that the regulations called for one driveway per lot. Mr. Brunelle was concerned with the clearing on the lots for the driveways.
Mr. Scanzani reviewed the plan with the Board and recalled from the site walk per the soil scientist that the larger wetland should be mitigated even at the expense of the smaller wetland. He pointed out that because of the road construction and the tree canopy being removed, the larger wetland will change over time. He felt that when a site was being reviewed environmentally, it should not be reviewed to save every wetland. He said when sites are reviewed, they should be reviewed with an environmental scientist so the important wetlands could be protected. Mr. McNamara asked what Mr. Scanzani would suggest for this plan. Mr. Scanzani said that he would have the soil scientist that attended the site walk meet with the Board and provide the same testimony for protecting the wetland as he provided at the site walk. Mr. Zohdi said he would ask the soil scientist (Mr. Jim Gove) attend the next meeting.
Mr. Yarmo understood that the road was being moved to help
preserve the wetland. He pointed out
that there was no mechanism in place for mitigation of the wetland. He said there was also a driveway parallel to
the stream crossing. Mr. Zohdi said he
could move the driveway. Mr. Scanzani
discussed the road tangent and believed the reverse curve would better protect
the wetland. Mr. Zohdi
requested a continuance until
Ms. Rebecca Russo,
Ms. Carolyn Feola,
Mr. Jim Russo,
Mr. Scanzani noted that the plan would need to be re-accepted for consideration since the first time, there had not been proper abutter notification.
(Scanzani/McNamara) To accept the plan for consideration.
(7 - 0 - 0) The motion carries.
Mr. Scanzani said there was a waiver request for Section 11.04.c.I of the Subdivision Regulations regarding the 15,000SF area for ML 5-75-7 that should be re-considered. Mr. Zohdi withdrew the waiver request.
Mr. Zohdi noted that there was a tiny triangle of land (next to the trolley way) that would be added to the Town land.
Ms. Alexander will forward the revised plan (showing drainage) to the Town’s engineer once received by Mr. Zohdi.
Mr. Yarmo asked if there would be any advantage to moving the road closer to the cul-de-sac. Mr. Zohdi said he would review the plan and check the drainage. He asked that the current plan be submitted for review and if there are changes, he would work with the Board.
The plan was date specified to
Engineering Firm Request for Qualifications (RFQ) update
Ms. Alexander informed that there was a list of nineteen companies. She said that there would be an additional listing this week.
Mr. Culbert and the Board thanked Robin for her work drafting the RFQ. He questioned why the Town Administrator Tom Gaydos had decided not to advertise in the Concord Monitor, or the Boston Globe as the Board had requested. Mr. Lynde believed that Mr. Gaydos felt the advertising area was large enough, without the additional publications. Mr. Culbert noted that the Board had requested the specific publications. He said he would contact Mr. Gaydos to discuss.
PLANNING DIRECTOR REPORT
Ms. Alexander said she would compile a list of proposed changes and forward to the Board members for review.
(Scanzani/Lynde) To approve the
(6 - 0 - 1) The motion carries. Mr. Brunelle abstained.
Mr. Lynde said that issues had been raised in the past regarding subdivision inspection and if the inspectors understood what was expected of them. He said that Ms. Alexander would compile a list of necessary items for specific inspections. He said once the list was compiled and reviewed, he asked that the Board formalize the procedure so in the event of non-compliance the Board would be able to better enforce the requirements. Mr. Culbert said that Ms. Alexander had a list of items the Board would be reviewing at an upcoming meeting.
(Ouellette/McNamara) To adjourn the meeting.
(7 - 0 - 0) The motion carries.
The meeting was adjourned at approximately .
Charity A. L. Willis