CITY OF
PLANNING
BOARD MINUTES
MONDAY, APRIL 10 at 7:00 PM
Kyrouz Auditorium, City Hall
MEMBERS
PRESENT
MEMBERS ABSENT STAFF PRESENT
Paul Lundberg,
Chair Mary Black Gregg Cademartori, Planning
Dir.
Wentworth
Williams, Vice Chair Ellen Preston, Assistant Planner
Jeneth
Fahey Lisa English, Recording Clerk
Marvin
Kushner
Henry McCarl
Michael
Rubin
I. BUSINESS
A. Call to order
with Quorum of Planning Board.
B. Introduction of Planning Board Members and Staff.
II. APPROVAL OF MINUTES
A. Meeting of March
27, 2006
MOTION: Mr.
McCarl moved to approve the minutes of March 27, 2006 as amended.
Second: Mr.
Rubin
Vote: 6-0;
Motion carried.
III. PUBLIC COMMENT
Barbara Lambert,
IV. CONSENT AGENDA
A. Continued Form A Application:
1. Applicants Mark Hubbard and Anthony &
Marcia Ciarametaro to divide one lot into 3 lots at
Mr.
Lundberg is
in receipt of a letter from Applicant asking for a continuance until April
24,
2006.
B. New Form A Applications: There are none.
C. Chapter
91 Recommendation:
1. Waterways License Application Number W06-1560
by Candida Marshall to maintain
an existing pier at
Mr. Lundberg is in receipt of a memo from Shellfish Warden Dave Sargent dated April
6, 2006. Planning Board received verbal
comment from the Harbor Master that project is not detrimental to any
navigational course.
MOTION: Mr. Williams moved that the Planning Board recommend that the Waterways License Application Number
W06-1560 by Candida Marshall to maintain an existing pier at
Second: Mr.
McCarl
Vote: 6-0; Motion carried.
V. CONTINUED PUBLIC
HEARING
In accordance with the provisions of MGL
Chapter 41, the Planning Board to consider a
four lot subdivision, entitled
"
50, Lots (22, 23, 24, 25, 26, 27,
28, & 29). Plans prepared for
Applicant Richard Cretarolo
by Dewsnap Engineering Associates;
dated August 19, 2005.
Mr. Lundberg received a letter from the
Applicant’s attorney dated April 5, 2006 requesting a
continuance until May 8, 2006.
MOTION: Mr.
Williams moved to continue the public hearing of a four lot subdivision, entitled
"Olde Beach Road Estates" on
23, 24, 25,
26, 27, 28, & 29).
Second:
Mr. Kushner
Vote: 6-0; Motion carried
VI. CONTINUED PRELIMINARY REVIEW OF
CLUSTER DEVELOPMENT
Pursuant to Ordinance Section 5.9.3, a Preliminary Cluster Development
Plan entitled “Annisquam Woods” has been submitted by applicant Carrigan
Enterprises, LLC, for 33 acres of vacant land on 7 & 11 Hutchins Court and
14 Tufts Lane (Assessors Map115, Lot 30; Map 125, Lots 71 &22). Preliminary Cluster Index Plan prepared by
Hayes Engineering, Inc.; dated February 27, 2006.
Michele Harrison, Attorney would like to comment on some recommendations that the Board
of Health has made to the Planning Board.
The first recommendation is that the Planning Board incorporates in the
definitive plan the request for some nutrient loading studies. Applicant does plan on doing this. Applicant is willing to monitor wells prior
to construction. Post construction, a
nutrient loading studies will be done at the outfall of all the detention
basins. Applicant will agree to this
condition as well.
The next suggested
stipulation is to not allow title to any unit or parcel pass until evidence of
required operation and maintenance with the storm water collection and
detention system. Ms. Harrison is not
sure what the Board of Health is looking for.
This stipulation would make it very difficult after the definitive stage
as part of a Special Permit to get the necessary mortgage lending and have
sales. The Applicant would like the
Planning Board to rework that requirement when it gets to the definitive stage.
One suggestion would be to have a condition of
the Special Permit that the condominium documents have a requirement that all
operation and maintenance issues be met.
That way the Planning Board will be assured that the O & M will be
done because it is part of the condominium documents that will ultimately be
recorded. Operation and Maintenance is a
very important issue for this cluster development. Not only the storm water management, but also
the issues of sewer that have been raised.
The Condominium Association will own all the component parts of the Step
System and will be responsible for its maintenance. The Condominium Association will also be
responsible for maintenance and snow removal for all roadways in this cluster.
Lastly, the Planning Board
has suggested in a previous discussion, that the Applicant have a thoughtful O
& M consideration for all of the open space in the cluster
development. This will be a phase
development and therefore not everything will be done at the same time. This is another reason that the language that
the Board of Health suggested may have to be reworked prior to the Definitive
Plan.
The Board of Health is also
concerned about the control of mosquitoes.
It may be necessary when we get to the Definitive Plan to have the
Applicant obtain a recommendation from a mosquito expert. Not all standing water becomes a breeding
ground for mosquitoes. The detention
basins are designed so that they do not hold standing water for more than 72
hours. Ms. Harrison also questions
whether the Board of Health has the authority to give jurisdiction to the
Conservation Commission and state that the Conservation Commission must approve
the mosquito control plan.
The Applicant has listened
carefully to the two reviews by the Technical Advisory Group, the comments by
the Planning Board staff, the review of the Board of Health and those will be
incorporated into the Definitive Plan.
The Applicant anticipates that the Definitive Plan may be reviewed by a
third party reviewer for some of the more difficult aspects of the plan. Ms Harrison is asking for the Planning
Board’s encouragement to go forward with the Definitive Plan.
Mr. Kushner asked if, at the time the Definitive Plan is submitted, the Condominium
Documents will be available for review and would they be able to be changed if
necessary.
Ms. Harrison responded that, yes the documents will be submitted and the Applicant
would be open to changes that may be necessary.
Mr. Lundberg asked where the
Ms. Harrison and Mr. Carrigan showed this information on the site map. Road improvements are all along the road out
to
Mr. Lundberg asked will the traffic study show the impact of traffic to
Ms. Harrison responded yes
Mr. Williams stated that he has traveled
Mr. Carrigan: While all solutions have their challenges, one of the major purposes was
to stay out of the buffer zone. This way
would be less disruption to the topography.
Mr. Williams: I think that it still requires considerable looking
at.
Mr. Lundberg received a memorandum from the City Engineer, David Knowlton, dated April
7, 2006, with some concerns. The
Planning Board is also in receipt of the Board of Health memo. The Planning Board will also study the
recommendation about title passing without a required Operation &
Maintenance.
MOTION: Mr. Rubin moved to approve,
with comments from the Planning Board, the
Preliminary Cluster Development Plan entitled “Annisquam Woods” as submitted
by applicant Carrigan Enterprises, LLC, for 33 acres of vacant land on 7 &
Second: Mr. Kushner
Vote: 6-0; Motion carried.
VII. REPETITIVE PETITION
According to MGL Ch. 40A, Section 16, applicant Angelo Polizzi requests
the Planning Board to consider that specific and material changes have occurred
in the conditions upon which previous unfavorable action by the Zoning Board of
Appeals was based at its January 12, 2006, meeting regarding his proposal for
an Auto Body Shop at 475R Western Avenue (Assessors Map 194, Lots 82 & 51).
Robert Coakley stated the facts of this
case.
Mr. Polizzi had rented space in a commercial building, thinking his
business was permitted. It was not. He tried to apply for a Special Permit and
was overwhelmed by the process. The
major concern was the emissions coming from a spraying facility he wished to
have. Mr. Polizzi still has a lease on
the property. He would like to go back
to the board and ask for another Special Permit, this time without the use of
the spray booth. Mr. Coakley feels that
this is a specific material change and therefore Mr. Polizzi should be able to
go back to the Zoning Board for another request.
Mr. Williams asked does this mean there will
be no spray painting if I had a fender repaired.
Mr. Coakley responded yes that is
correct.
Mr. Lundberg stated that the Planning Board is in receipt of a letter dated March
30, 2006, from Mr. Coakley with the attached decision of the Zoning Board of
Appeals which seems that the major opposition is the spray booth.
Ms. Fahey stated that she agrees that a major change has been made. She asked whether the painting would be done elsewhere.
Mr. Coakley replied yes.
Mr. Rubin stated that he thinks it is
surprising and regrettable that Mr. Polizzi was discouraged from starting his
business. He stated that there are ways of coping with sound issues and all
sorts of modern filters and federal standards to be followed so that molecules
do not get into the air or water. He
added that he would like to give him the chance to go through the process again.
MOTION: Mr. Williams moved that a specific
and material change has occurred in the conditions on which previously
unfavorable action by the Zoning Board of Appeals was based at its January 12,
2006 meeting regarding the Applicant, Angelo Polizzi’s proposal for an Auto Body Shop at 475R
Second: Mr. Kushner
Vote: 6-0;
Motion carried.
Mr. Lundberg noted for the record that the requirements of the state law are that
all but one member of the Planning Board must vote in favor of this in order
for it to be referred back to the Zoning Board.
VIII. OTHER BUSINESS
A. According to Rules and Regulations Pertaining
to
the Planning
Board shall vote to consider the completeness of application for a Site Plan
from Symes
Associates for
Josh Latham, representing Symes Associates, stated that Symes has filed a site
plan under the OSRD bylaw and is asking the Planning Board to find the
application complete so that they can move forward on submitting a Definitive Subdivision
Plan.
Mr. Lundberg asked whether the applicant has filed this under the four step design process. The site plan has followed all four of those
items in 5.1/ 5.3.1?
Mr. Latham replied that is correct.
Mr. Williams was under the impression that the Planning Board stopped consideration
of the prior the filing because the original plan was incomplete. We are now in
receipt of a memo from Mike Hale dated April 6, 2006, that states the
Engineering Department has not determined the accuracy of the information but
that the information now completes the Application process.
Mr. Lundberg asked if we approve the completeness of the plan the next step is to file
the application with the City Clerk and start the review process.
Mr. Lundberg and the Planning Board members are in receipt of a memo dated April
10, 2006, from the Riggs Point Neighborhood Association concerning this
Application.
Mr. Rubin asked if we ran this by legal staff.
Mr. Cademartori stated that due to the lateness of receipt, no. Many of the calculations are based upon wetland
delineation but at the same time the Conservation Commission approved this
line. The state also approved this line and
it is now at the judiciary level being challenged by the abutters.
Mr. Rubin stated that applicant is aware of pending legal challenge by abutters
and is willing to accept risk of a possible adverse decision; therefore, this
Board has no reason to vote against acceptance of the application as complete.
Mr. McCarl stated that he feels that it is important to state that by permitting
this to go forward does not mean we approve of it but that we are allowing it
to go to the next step.
Mr. Lundberg stated that is correct.
Sara Kylie asked if the application is complete without the DEP letter.
Mr. Lundberg stated yes.
Motion: Mr. Williams moved that According to Rules and Regulations
Pertaining to
Second: Mr.
Rubin
Vote: 6-0;
Motion carried.
B.
Adoption of decision for
Cape Ann Animal Aid Association Subdivision at 401A
Mr. Lundberg stated that the Planning Board was in receipt of a draft from staff
all of which was voted on at a previous meeting.
MOTION: Mr. McCarl moved to adopt the decision for Cape Ann Animal Aid
Association Subdivision at 401A
Second: Mr.
Williams
Vote: 6-0;
Motion carried.
C.
Endorsement of “The
Woodlands Residential Subdivision” plans, revised per Agreement for Judgment.
Mr. Lundberg stated that this matter is
continued until April 24, 2006.
D.
Planner's Report
·
Mr. Cademartori stated that the Planning
Board should receive announcement of the next Boards, Commissions and Committees
meeting on April 29, 2006 with the topics of new opportunities for access to
both healthcare and information and technology.
·
Mr. McCarl wanted to mention that
there is a preliminary hearing next Tuesday evening of the subcommittee of the
Planning Board to discuss the Demolition Delay Ordinance.
E. Chairman's Report
Mr. Lundberg had no additional comments.
IX. ADJOURNMENT
Mr. Lundberg adjourned the meeting at
8:15.
Respectfully submitted,
Lisa English
Recording Clerk