CITY OF
PLANNING BOARD MINUTES
MONDAY, AUGUST 28, 2006 at 7:00 PM
Kyrouz Auditorium, City Hall
MEMBERS PRESENT
MEMBERS ABSENT STAFF PRESENT
Paul Lundberg, Chair
Gregg Cademartori, Planning Dir.
Jeneth Fahey, Vice Chair Ellen
Preston, Assistant Planner
Mary R. Black
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 August 14, 2006
Motion: Mr.
McCarl moved to approve the minutes of August 14, 2006 as presented.
Second: Mr. Rubin
Vote: 6-0; Motion carried.
III. PUBLIC COMMENT
Stevan Goldin, 14 Hodgkins Street, stated that Mr. Lundberg spoke in other meetings
regarding limited discretion. Mr.
Goldin’s opinion is that Mr. Cademartori has started some important
initiatives. He stated that the Excavation
and Fill Ordinance is something that the Planning Board should have control
over. Mr. Goldin questioned why
subdivisions are excluded from it. On the
subject of sewers, he stated that the Planning Board should revoke the
ordinance stating that any subdivision within 1500 feet needs to hook up. Mr. Goldin stated that he is concerned that
the Planning Board will lose discretionary power.
IV. CONSENT AGENDA
A. New
Form A Applications: There were none.
B. Chapter 91 Recommendations: There were none.
V. CONTINUED PUBLIC
HEARINGS
A. An application from Carrigan Enterprises,
Inc., for a Cluster Development Special
Permit at 7 &
Lots
71 & 22; and Map 115,
Engineering; dated June 26, 2006.
Michele Harrison, Attorney, 63 Middle
Street, stated that she would address
issues that were raised from the last meeting.
She stated that her main focus would be a review of the draft of the condominium
association’s documents and the proposed improvements to
Ms. Harrison also stated that the third party review is going
forward and that VHB has been chosen as the reviewer.
Ms. Harrison then reviewed the draft of the Condominium
documents. Under Stormwater Management
there will be four detention ponds which will have quarterly reviews and an
annual inspection. Ms. Harrison stated
that the Board of Health expressed interest in nitrogen loading and how the
development will handle canine waste.
Ms. Harrison stated that a “doggie port” would be provided in each
cluster. It will act as its own waste
management system and will be picked up as part of the private trash collection. Also part of the documents will be the
declaration that the use of chemical pesticides, herbicides, de-icers, and
fertilizers will be forbidden.
Ms. Harrison stated that when one of the units is sold it will be
subject to Chapter 183A which is the Condominium Statute. The master deed and the Declaration of Trust
will have maintenance covenants and that will obligate the unit owners and the
Association. Ms. Harrison stated that
the Board of Health requested that there be a limit on the addition to
impervious surfaces. Ms. Harrison stated
that in response to the issue of mosquito control, if any of the detention
ponds hold water for more than 72 hours then the BTI mosquito dunks will be
used. She also noted that no treatment
would take place in the vernal pools or any of the isolated vegetative wetlands
on site.
The
Condominium Association will be responsible for snow removal. Ms. Harrison stated that the other part of
the Condominium Documents discusses the ownership and maintenance of the sewer
connection. She stated that the
developer is in receipt of a sewer connection permit issued by the Engineering
Department. The Condominium Association
will be responsible for the ownership, maintenance, and the installation. Ms. Harrison stated that an engineering firm
would be retained by the Association to perform regular inspections and
maintenance. Ms. Harrison stated that
her client believes that the issue of sewer is over and does not need to be
mentioned again. Other miscellaneous
responsibilities of the Association will be trash collection along with
recycling, electricity obligations in the common areas, landscaping, and
signage.
Mr. Kushner stated that he felt the list of responsibilities was
extensive. The condominium provisions
are only a contractual relationship between unit owners and do not give any
authority or enforceability to the City.
Is there a list of costs that you could provide that will show what type
of costs that may occur?
Ms. Harrison stated that the Declaration of Trust can have a
paragraph that states it cannot be changed.
Ms. Harrison stated that based on this she is comfortable with
enforceability. She also stated that it
is hard to say what the budget should be as it is unclear when the development
will be finished. She has looked at
other developments and their condominium fees are roughly $360 - $380. She estimates that this development will be
less than that.
Mr.
Kushner questioned the costs that the
other developments faced.
Ms. Harrison stated that they are different in the sense that they
are connected to the municipal sewer but also share some similar costs.
Mr.
Kushner asked if the developer would
provide a financial guarantee.
Ms.
Harrison stated that they would
consider it.
Mr. Lundberg asked what the timeline is for the Engineering report
that would provide results of flow and pressure testing.
Ms. Harrison stated that the Engineering Department has recommended
three firms and one has been retained and they are awaiting a signed contract
so that the work can begin.
Mr.
Lundberg asked if each unit in the
development will have its own STEP holding tank.
Ms.
Harrison stated that there would be
one large tank for the development.
Mr. Lundberg asked if that was an appropriate design for the STEP
system because normally each unit would have its own tank.
Ms.
Harrison feels that this is better
design.
Peter Ogren, Hayes Engineering, stated that the reason they feel that this is a better
design is the opportunity to collect and handle all in one septic tank. Mr. Ogren stated that if there are capacity issues this will
help as it affords the opportunity to pump at off-peak hours. Mr. Ogren stated that they will hire a
company like Weston and Sampson to handle the contract.
Mr.
Lundberg asked if there was a
proposed location for the single tank.
Mr. Ogren stated that the location is near the bus turn
around. Mr. Ogren showed on the map the
site of the two pressure systems, one at the third cluster and one at Hutchins
Court, both pumping to one location.
Mr.
Lundberg asked if the review by the
City would comment on this system.
Mr. Ogren stated that an engineer had been selected and that
person would report on the pressure monitoring and the flow monitoring as well
as the overall design.
Mr. Lundberg asked if there is any design issues for the one tank
that are different from other STEP systems.
Mr. Ogren stated that the concrete tank that would be stronger
and much less likely to develop leaks.
The development will have an engineer visiting on a regular basis.
Ms. Fahey asked if point #5 in the conditions could be
reviewed; mainly septic disposal and the haulage.
Mr. Ogren stated that there has been some difficulty with
getting the septic haulers to comply with what the plant has wanted. This development will have an agreement with
the plant and comply with that.
Ms.
Fahey asked when this would be
necessary.
Mr. Ogren stated that when the solids deem it. The general recommendation is to pump at
least annually. After a review period,
the timeline may change.
Ms.
Fahey asked if there is a way to
calculate when pumping would be needed.
Mr. Ogren stated that it is really based on population. Annually pumping has always been the
norm. Depending upon the population, it
is possible to pump every other year.
Ms. Black asked to revisit the cost issue. If the system is running effectively is there
a projected yearly cost of the management fees?
Mr.
Ogren stated they did not have that
figure.
Ms. Harrison stated that it was possible to get that figure by
sitting down with the consultant to the sewer and developing a contract.
Mr. Cademartori stated that that issue was scoped for the independent
review. An analysis and evaluation of
what the Association’s fees and responsibilities will be provided to the Planning
Board.
Mr. Lundberg stated that even though the Applicant’s Attorney has
stated that the sewer issue is closed; the Planning Board would still like to
know about the Engineering report throughout these proceedings.
Mr. Ogren stated that on the site visit there was an
opportunity to view more specifically the improvements to
The
Applicant is also proposing a construction of a head wall which will retain the
roadway and also would retain a vehicle from going off the road. The Applicant also looked at the possibility
of changing some of the existing grade in some locations. The adjoining owners will provide an easement
so that a paved lane can be built and connected to the existing
Mr.
Ogren also stated that they are in the process of working out a stormwater
management system for
Mr. Lundberg asked in terms of the construction of the new paved
lane, is it on the Applicants’ property.
Mr. Ogren stated that it is on David Tuft’s property and his
uncle’s. Both property owners will
provide easements
Mr. Lundberg stated that at the site visit we walked a long way
after the pavement stopped. He asked Mr.
Ogren to clarify where the right of way is.
Mr.
Ogren pointed to the location on the
map.
Mr.
Lundberg asked where the new road
would be; does it fork down to the right.
Mr.
Ogren stated that it did.
Ms.
Fahey asked if the sewer follows the
old road and will it be maintained that way.
Mr.
Ogren stated that was correct.
Ms.
Fahey asked if the road would remain
an easement.
Ms. Harrison believed it would remain an easement. She stated that because of the extensive
third party review, the Applicant will have more comments later.
Opposition
Mr. James Groves, 50 Revere Street,
Gloucester, Vice President of Annisquam Bayview Woodlands Association, stated that he would like to introduce the next two
speakers.
Diane Tillotson, 60 State Street,
Boston, Attorney representing the Annisquam Bayview Woodlands Association, stated that a traditional subdivision plan was not
submitted. She is questioning whether a
traditional subdivision could be built on the site. Ms. Tillotson questioned why the sewer permit
that has been provided was a sewer connection permit and not a sewer extension
permit. She suggested that the Planning
Board weigh whether or not the plan is in the best interest of the neighbors as
well as the owners. She would like the
opportunity to make comments based on the results of the third party review. Ms.
Tillotson commented on the condominium documents stating that she would like a
separate covenant; it provides stronger language given all the conditions that
exist.
Ms.
Tillotson also noted that the documents seem very technical in nature. She asked who will monitor compliance with
these items. In her opinion, these are
not easy for a trustee to ensure. It
would seem necessary to hire an engineer to handle these responsibilities. Ms. Tillotson stated that in her opinion
$300-$350 per month seems low for an estimate for the types of maintenance that
are required. For example, she wondered
who will convey to the snow plow driver the types of de-icers that can be used. Ms. Tillotson would like the developer to
take additional engineering steps. She
also stated that the stormwater plan looks to be cursory.
Fred Geisel, 15 Steep Hill Drive,
developed. Mr. Geisel stated that proof plan needs to be
required from the developer. Mr. Geisel
questioned all the waivers that have been requested. One waiver in particular would allow the
maximum roadway slope to be relaxed. Mr.
Geisel feels that this would jeopardize public health
and
safety. Mr. Geisel stated that from the
site visit
Mr. Lundberg stated that in fairness to the Applicant, the
attorney for the Annisquam Bayview Woodlands Association should provide
something in writing to the Applicant.
Then an opportunity to rebut will be given later.
Stevan Goldin, 14 Hodgkins Street, stated that he doesn’t feel the comments of the
neighbors and abutters are being addressed.
He stated that he wants the Planning Board to require a conventional
plan. Mr. Goldin is annoyed that the
Association would have to hire these two consultants to do the job of the
Planning Board. Mr. Goldin stated that
he felt that the sewer permit appears to have been written by the
Applicant. He stated that it has lots of
loopholes. It is his opinion that the
Planning Board needs to go beyond the third party reviewer and hire botanists
and wild life experts for this very special area.
Mr. Lundberg reiterated that all rights are taken into
account. All persons who speak and/or
write are heard.
Cara White, 4 Brierwood Street, reminded the Planning Board that at the last meeting
Mr. Lundberg stated that “the Planning Board is here protecting your rights
too.” Ms. White feels that the Planning
Board should filter out bad proposals.
She stated that this development is irrational. She also stated that Condominium and house
sales are down and therefore there is no need to increase supply.
Ms. Harrison stated that she wished to advise the Planning Board,
Attorney Tillotson, and Fred Geisel that her client would be happy to look at
their concerns. They are waiting for the
results of the third party review. She
reminded them that only 11% of the acreage is wetlands; keeping 68% as open
space.
Mr. Lundberg stated that the Planning Board has received a memo
from Mr. Cademartori stating that the Board of Health review had been
continued. Mr. Lundberg also stated that
the Planning Board is awaiting comments from the Fire Chief. In addition, the Planning Board has received
correspondence from James Groves, a letter from Mr. Groves to Chief McKay,
Robert Smith of 60 Bennett Street, David
Condino, Margaret Grady, Greg Morrow,
and a letter from Linda Stout Saunders.
He stated that the Public Hearing would be continued.
Mr. McCarl asked if it is really the job of the Planning Board
to look out for the natural environment or is it the job of the Conservation
Committee.
Mr.
Cademartori stated that there was
some jurisdiction for the Planning Board as well.
Ms.
Harrison stated that the Applicant
would be willing to grant an extension.
Motion: Mr. McCarl moved to extend a application from
Carrigan Enterprises, Inc., for a
Cluster Development Special Permit at 7 &
30 units
until Monday, September 25, 2006.
Second: Mr. Rubin
Vote: 6-0; Motion carried.
VI. OTHER BUSINESS
A.
Request to extend Common
Driveway special permit for Cole’s
Mr. Lundberg stated that the Planning Board was in receipt of a
letter from Creek Partners to extend the Common Driveway special permit for
Cole’s
Mr. Cademartori stated the letter does mention some outstanding
issues but he did not see any reason not to extend.
Motion: Ms. Fahey
moved to extend the Common Driveway special permit for Cole’s
Second: Mr.
Rubin
Vote: 6-0;
Motion carried.
B.
Decision to adopt: WPOD special permit for parking expansion at Varian,
Motion: Mr.
McCarl moved to adopt the WPOD special permit decision for parking expansion at
Varian,
Second: Ms. Fahey
Vote: 6-0;
Motion carried.
C. Planner's
Report
·
Mr. Cademartori
stated that at the last City Council
meeting, he presented the Cluster and OSRD amendments which were approved.
·
There will be a
workshop meeting on September 18, 2006 to discuss the first 3 sections of the
Zoning Amendments. This is a good
opportunity to become familiar with the changes.
·
Mr. McCarl
stated that with regard to the Demolition and Delay Ordinance, he hopes to get a
final draft for review at the next meeting.
·
Mr. Cademartori
announced that according to the Mullen Act the City Solicitor announced a
provision that if a counselor/board member misses a meeting; he or she may not
be allowed to vote.
·
Ms. Fahey asked
if this affects the issue of needing to be at the opening of a public hearing
or would be a separate issue.
·
Mr. Cademartori
stated that he will get the exact language.
D. Chairman's
Report
Mr. Lundberg stated that there are six
interviews scheduled for the position of
Community Development Director.
VII. ADJOURNMENT
Mr. Lundberg adjourned the meeting at 8:40 pm.
Respectfully Submitted,
Lisa English