HomeMy Public PortalAbout20140922 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, September 22, 2014 7:00 P.M.
Town Hall, 18 Main St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Ken Weismantel, Chairman, John Ferrari, Vice Chairman, Deb
Thomas, Claire Wright, Francis DeYoung, Brian Karp, Frank D’Urso, Todd Holbrook
MEMBERS ABSENT: Matthew Wade
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting; Cobi Wallace, Permitting
Assistant
The meeting was convened in open session at 7:00 P.M.
1. Executive Session
Ms. Thomas moved to convene in executive session for the purposes of: 1) to discuss strategy
with respect to litigation because an open meeting may have a detrimental effect on the litigation
position of the Board; and 2) to discuss considering the purchase, exchange, lease or value of real
property in regards to Restricted Land Covenants in Legacy Farms, because an open meeting
may have a detrimental effect on the negotiation position of the Board; and that the Board will
reconvene in open session at the conclusion of the executive session. Mr. DeYoung seconded
the motion and members were polled individually on the vote to enter executive session:
Deb Thomas – yes Ken Weismantel – yes
Francis DeYoung – yes Claire Wright – yes
Frank D’Urso – yes John Ferrari – yes
Todd Holbrook – yes
Mr. Karp arrived during the executive session.
At the conclusion of the executive session, Mr. D’Urso moved to reconvene in open session. Mr.
DeYoung seconded the motion and Board members were polled individually on the vote to
reconvene in open session:
Deb Thomas – yes Ken Weismantel – yes
Francis DeYoung – yes Claire Wright – yes
Frank D’Urso – yes John Ferrari – yes
Todd Holbrook – yes Brian Karp – yes
2. Continued Public Hearing – 203 Pond St. – Definitive Subdivision Plan Application –
John Coolidge and Anne Richards
Ms. Thomas moved to continue the public hearing to later in the evening after the agenda item
pertaining to 44 Cross St. Mr. D’Urso seconded the motion and the Board voted unanimously in
favor.
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3. Highland Park IV Subdivision (Stoney Brook Rd.) – Prime Properties Limited
Partnership
Tim Nealon, attorney, Michael Moroney, MBA Engineering, engineer, and David Marquedant,
J.D. Marquedant & Associates, Inc., surveyor, appeared before the Board.
Proposed Plan Modification. Mr. Nealon noted they encountered difficulties with the slope on
one side of the road when preparing to pave near the west entrance because an anticipated
easement was not retained. He noted their engineer has designed a 3 to 5 ft. high concrete
retaining wall to be located within the right of way and the abutter has agreed to grant an
easement to accommodate it. Mr. Marquedant noted the plans have been reviewed by BETA
Group, the Board’s consultant, and a lot of the concerns have been addressed in revised plans.
Mr. Weismantel stated he feels a 200 ft. long concrete wall at the subdivision entrance is not in
keeping with the exceptional stone work everywhere else in the Highland Park development.
Ms. Wright stated she feels the Highland Park Association would probably agree this is not an
appropriate design. She noted she is concerned about future maintenance issues, including
graffiti removal, as a blank concrete wall could be enticing. Ms. Thomas asked about the reason
for this particular design, and Mr. Nealon noted cost is one of the considerations but also the
amount of available space for the wall, noting that a stone wall requires a wider base. Mr.
Weismantel suggested shifting the road somewhat if space is a problem. Mr. DeYoung noted the
style should be consistent throughout the development, and Mr. Marquedant agreed. Mr. D’Urso
asked about a possible compromise, suggesting the use of concrete blocks to make it look more
like a typical stone wall. Mr. Nealon stated they only have a 10 ft. easement and are trying to
keep the abutter happy by saving some of the trees. Mr. Nealon stated he understands the
Board’s comments but asked if they are ok with the project change from a technical standpoint.
A suggestion was made to consider a stone face for the concrete wall. Mr. Weismantel noted the
Board has no issues except for the aesthetics, while BETA Group pointed out a few relatively
minor issues but is otherwise ok with the design. He noted the Board is ok with the plan change
with the condition that the wall design be modified to resemble the walls in the rest of the
Highland Park development.
Highland Park IV - Definitive Subdivision Plan & Conditional Approval Agreement – Re-
endorsement. Mr. Nealon noted the Board approved the amended definitive subdivision in 2004,
but ongoing legal (Land Court) issues were only resolved recently and, as a result, neither the
plan nor the Conditional Approval Agreement were recorded in the Registry of Deeds. Ms.
Wright moved to re-endorse the amended definitive subdivision plan and to re-sign the
Conditional Approval Agreement. Ms. Thomas seconded the motion and the Board voted
unanimously in favor.
Approval Not Required Plan – 37, 39, 41, 43, 45, 47, 49, 51 Stoney Brook Rd. (Highland Park
IV) – Prime Properties Limited Partnership. Mr. Nealon noted the approval not required plan
reduces the number of subdivision lots from 24 to 21. He noted the applicant originally intended
to buy land from the Southborough Rod & Gun Club but now has to readjust because that is not
going to happen. Mr. Marquedant noted the subdivision area was reduced, a portion of open
space as well as lots 8, 9 and 15 were removed from the plan, and they reshuffled some of the
lots. Mr. Weismantel stated it is his understanding that the developer is looking at building some
senior housing in the future on adjacent land also owned by Prime Properties. Mr. Nealon stated
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he is not sure what will be done but they want to maintain land for future access. Ms. Lazarus
noted the plan appears entitled to endorsement. Mr. Karp moved to endorse the plan as not
requiring approval under the Subdivision Control Law. Ms. Thomas seconded the motion and
the Board voted unanimously in favor.
Documents: Plan entitled “Highland Park IV Retaining Wall #9”, dated June 5, 2014, prepared by J.D.
Marquedant & Associates, Inc.; Plan entitled “Highland Park IV”, dated 6/11/01 amended through 5/20/04,
prepared by J.D. Marquedant & Assoc., Inc.; Conditional Approval Agreement for Highland Park IV; Plan
entitled “Highland Park IV” dated Sept. 4, 2014, prepared by J.D. Marquedant & Assoc., Inc.
4. 44 Cross St.
George Connors, Connorstone Engineering, appeared before the Board. He noted he is here on
behalf of Mr. Croft who is considering development of a 7.5 acre parcel at 44 Cross St., 3.4 acres
of which is located in Hopkinton and 4.1 acres in Ashland. He referred to the Town’s GIS map
and stated the land is fairly wooded and there is a house on the property with an existing
driveway off Cross St. Referring to photographs, he noted the terrain is not easy and the land is
difficult to subdivide due to shape and size. Mr. Connors described several possible layouts, and
stated his preferred approach is a 2-lot subdivision with waivers of the road construction
standards. He noted the existing home will be demolished, the area will be cleaned out, and he
hopes to get approval for a common driveway or a road that branches out into separate
driveways. He noted there would be a lot of land left over. He noted the land is adjacent to the
Brook Hollow subdivision in Hopkinton and there is also a development in Ashland with some
open space in the back, maybe with a possibility to connect. He noted he discussed it with the
Ashland planner who stated it would be nice to be able to eventually connect to the State Park.
Mr. Weismantel asked if the back of property is mostly wet, and Mr. Connors noted a plan
prepared for the original owner shows wetlands, and he did some testing about a month ago. He
noted there are a lot of issues with the land and building a road split over two towns under these
conditions would result in more site disturbance and would be problematic in terms of
maintenance. Mr. Weismantel noted a cul-de-sac is not allowed unless the Board finds there are
exceptional circumstances. Ms. Thomas asked if there is any possibility for a through road, and
the answer was no. Mr. Weismantel noted he is hard pressed to find an exceptional circumstance
in this case except perhaps for a donation of open space which would be in another town. Ms.
Lazarus asked if the land is adjacent to other open space and referred to a provision in the
OSLPD bylaw with respect to parcels of 5 acres or more. It was suggested that Ms. Lazarus
contact the Ashland planner to discuss options.
Documents: Plan for 44 Cross St. property, untitled, undated, marked up informally for 3 different development
options; photographs of 44 Cross St. property.
5. Continued Public Hearing - Laurel Avenue – Thomas Perna
Mr. Weismantel noted the applicant has requested a continuance of the public hearing and an
extension of the time to file a decision with the Town Clerk. Ms. Thomas moved to continue the
public hearing to October 20, 2014 at 9:00 P.M. Mr. Ferrari seconded the motion and the Board
voted 7 in favor, 1 abstention (D’Urso). Ms. Thomas moved to grant an extension of time for the
Board to file the decision with the Town Clerk to November 3, 2014. Mr. Ferrari seconded the
motion and the Board voted 7 in favor, 1 abstention (D’Urso).
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6. Continued Public Hearing – 203 Pond Street – John Coolidge and Anne Richards –
Definitive Subdivision Plan
John Coolidge and Anne Richards, applicants, Eric Dias and Garrett Tunison, Tunison Dias, Inc.,
engineers, and David Wluka, Real Estate Planner & Land Use Consultant, appeared before the
Board. Phil Paradis, BETA Group, the Board’s consultant, was also present.
Mr. Weismantel noted at the previous hearing the Board reviewed a number of items, and it was
basically a case of back and forth between the engineers to identify outstanding issues. He noted
it looks like the engineers were able to resolve most of the outstanding items, and asked if Board
members had a chance to look at the BETA report. He suggested going over the remaining
issues using the BETA comment letter as a guide, and referred to a list of draft conditions
distributed to the Board for the meeting. Mr. Dias referred to a septic system issue listed on page
2 of the letter, and the Board thanked him for pointing this out but that it would be handled by
the Board of Health.
Street numbers – It was noted this is typically addressed through a condition of approval.
Street trees – Mr. Dias noted they have proposed 38 red maple trees, along both sides of the
road outside of the right of way. Ms. Wright suggested a variety of species, and Mr. Dias
noted he is open to suggestions. Mr. Weismantel stated the condition could include a
consultation with the Tree Warden. Ms. Wright noted she prefers a natural, somewhat
“staggered” distribution as opposed to lining trees up in a row.
Compilation of site improvement quantities – It was noted it will be addressed with a
condition or waiver, which is typical.
Street name - Mr. Weismantel asked if there is a proposed street name yet, and Mr. Coolidge
replied no. It was noted it that approval of the name by the Board of Selectmen is typically a
condition of approval.
Sight line distances for driveways – It was noted the comment is only relative to the two lots
fronting on Pond St. and could be addressed in a condition.
Screening plan – Mr. Weismantel referred to BETA’s comment and the draft condition
relative to it. Mr. Weismantel stated with respect to 199 Pond St., no offsite plantings are
allowed without consent of the abutter. He noted the Planning Board cannot impose that as a
requirement and hopefully the parties can get together. A resident asked who will monitor
the buffer zone during construction. Mr. Weismantel stated the open space is proposed to be
conveyed to the Sudbury Valley Trustees and there will be a conservation restriction held by
another entity. The resident asked if the boundaries will be marked, and Ms. Lazarus stated
yes. Mr. Coolidge noted it will be very well monitored, and Ms. Richards noted stewardship
fees will be used to pay for monitoring.
Culvert – It was noted BETA recommends a condition that engineering details and stamped
plans be provided by a registered professional engineer, and the Board agreed.
General stormwater comments – Mr. Weismantel referred to the 20 ft. wide box culvert
which will replace an existing 12 in. PVC pipe. He noted BETA refers to minimum height
standards from the Massachusetts Stream Crossing Handbook and he asked for clarification
of the design. Mr. Dias noted they have to match the existing gradient and are installing a
box culvert with a stream channel underneath. Mr. Weismantel asked how the grade will be
kept in place and Mr. Dias noted it will require proper stabilization and compaction during
construction. Mr. Paradis noted the plan shows it meandering with some stone. Mr.
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Weismantel asked Mr. Paradis if this will be ok, and Ms. Lazarus noted she did not include a
draft a condition for this item as she thought this item will be handled by the Conservation
Commission. Mr. D’Urso stated it should be ok as long as the structural engineer signs off
on the design.
Reference was made to BETA’s comment regarding the kettle pond detention area. Mr.
Weismantel asked Mr. Paradis for clarification. Mr. Paradis noted this concerns a natural
depression which will function to store and mitigate stormwater runoff. He stated it does not
meet the setback requirement but moving it will result in more site disturbance. He noted he
feels it should be included in the drainage easement, and Mr. Dias agreed. In response to a
question of Mr. D’Urso, Mr. Paradis stated they are reviewing this for the Conservation
Commission as well. Mr. Weismantel noted the Planning Board will be ok with this now but
if the Conservation Commission identifies a problem, then the applicant will have to come
back.
Vernal pool – It was noted this issue will be deferred to the Conservation Commission and no
construction is planned near the vernal pool or its buffer zone.
Reference was made to BETA’s comment regarding the use of road salt. Ms. Lazarus noted
this is typically one of the Conservation Commission conditions. Mr. Paradis noted the
Town would have to abide by any restrictions after it accepts the road and he is not sure
about the DPW. Ms. Lazarus noted there have been discussions with the DPW regarding this
issue.
Mr. Weismantel referred to the comment regarding the ecological area and asked for
clarification. Mr. Paradis noted it concerns a little pond near the wetlands on the east side
with a 4 in. PVC outlet to equalize flow, and in time it will be vegetated but he recommends
it be shown on the plan.
Mr. Weismantel asked for comments from members of the Board or the audience and there were
none. The Board reviewed the list of draft conditions of approval. Mr. Weismantel noted the
decision includes a number of standard conditions. The draft condition regarding the proposed
trail network was changed to make it clear that the actual location of trails is at the discretion of
the recipient of the open space, but that it applies to new trails only. In response to a question,
Mr. Weismantel noted no street lights will be required.
Mr. Weismantel stated he received a letter from Michael and Margaret Bower of 199 Pond
Street, and the Board has received copies of the letter today. He noted the comments have been
taken into consideration by the Board.
Mr. Holbrook moved to approve the application for approval of the definitive subdivision plan
for 203 Pond Street OSLPD with the following conditions:
1. After finding that it was in the public interest and not inconsistent with the intent and purpose
of the Subdivision Control Law, the Planning Board waives strict compliance with the
following provisions of the Rules and Regulations Relating to the Subdivision of Land
(“Subdivision Regulations”), in accordance with Section 81-R of the Subdivision Control
Law and Section 7.1 of the Subdivision Regulations:
a) Curbing is not required in specific areas, to allow for country drainage and to provide
for additional water quality treatment and stormwater recharge/low impact
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development techniques. Cape cod berm shall be provided in the locations shown on
the plan.
b) Cuts or fills for road construction may exceed 8 feet in depth where shown on the
plan, so that a roadway section near Lot 2 may have a cut of up to 10 feet from
existing grade in order to meet sight distance requirements of the sag vertical curve
proposed at the culvert replacement.
c) Street trees shall be planted as indicated on the plan, with the exception that a variety
of species shall be used, reducing vulnerability to disease and insects. The Tree
Warden shall be consulted as to appropriate species and location prior to planting.
The Board encourages the applicants to retain trees in the road right of way when
possible.
d) Construction of a portion of the proposed road, infrastructure and driveway may be
within an area with an existing slope in excess of 25%, as shown on the plan.
2. Development of the land shown on the plan shall be consistent with the Special Permit issued
by the Planning Board on March 18, 2013. This condition shall be written on the plan prior
to endorsement.
3. The common open space shall be deeded to the Sudbury Valley Trustees in accordance with
the provisions of the OSLPD Bylaw. A conservation restriction shall be placed on the open
space.
4. Roadway and infrastructure construction shown on the plan shall be completed within 3
years from the start of construction or this approval shall be automatically rescinded unless
such time is extended by the Board at the request of the applicant. If construction has not
commenced within 6 years from the date of this approval, such approval shall be
automatically rescinded.
5. There shall be a maximum of 12 building lots in the subdivision. This condition shall be
written on the plan prior to endorsement.
6. Prior to the Planning Board's endorsement of the plan, the applicants shall execute an
Agreement with the Planning Board, that no lot depending on the new roadway for their legal
frontage shall be sold, or buildings or structures erected or placed on, or building permits
issued with respect to any such lot, until:
a) The work on the ground necessary to adequately serve such lot has been completed in
accordance with the contents of the Subdivision Plan and Profile and with the
Subdivision Regulations and that all other requirements of the Subdivision Regulations
have been fully complied with; or
b) The applicants have executed a contract with the Planning Board, accompanied by
appropriate security to secure performance, to complete construction of the roadway in
accordance with the Subdivision Rules and Regulations, on or before a date specified in
the contract;
c) The applicants have recorded in the Registry of Deeds (or Land Court) a certificate
executed by the Planning Board that the above conditions with respect to any such lot
have been completed or have been amended, modified, revoked, waived or released by
the Planning Board.
7. In order to facilitate compliance with Section 12.1.4 of the Subdivision Regulations, the
applicants shall provide the Board with an estimate of the cost to maintain the stormwater
management system for a period of 5 years from the date of street acceptance. Such estimate
shall be provided to the Board for review at the time a performance guarantee estimate is
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submitted in accordance with Section 7.6 of the Subdivision Regulations.
8. Tree stumps and building scrap materials shall be removed and shall not be buried on the
site. However, material intended for future use may be stockpiled on the site and maintained
in a neat and workmanlike manner.
9. The applicants shall maintain all portions of any public way used for construction access free
of soil, mud or debris deposited due to use by construction vehicles associated with the
subdivision, and shall regularly sweep such areas as necessary.
10. All potential safety hazards that may exist in the subdivision from time to time during the
period of construction shall be adequately secured prior to the end of each work day.
11. No earth products shall be delivered to the site which are not for use on the property. No
earth shall be stripped or excavated and removed from areas of the site unless for road,
infrastructure, home or lawful accessory use construction. No earth processing operations
shall occur on the site, unless earth products are to be combined and/or mixed for use on the
property. All piles of stockpiled earth shall be stabilized with adequate dust and erosion
controls. All piles of earth shall be removed from the subdivision upon completion of
construction of the road and infrastructure. Any piles remaining after that time shall be
solely in conjunction with an active permit for construction of sewage disposal system,
building or lawful accessory use. Any violation of this provision may result in a stop work
order or plan rescission.
12. Erosion control measures to prevent siltation onto wetlands, neighboring properties and roads
during construction shall be implemented. Erosion and sediment control provisions are
shown on the plan. The erosion control documentation submitted shall be implemented and
followed during construction. During construction, if these plans are found to be inadequate
by the Planning Board, a new erosion and sediment control plan shall be submitted to the
Board for review and approval. In the event that erosion and sedimentation problems arise
during construction, the Board may require that all work cease until measures necessary to
ensure prevention are implemented.
13. No building permits shall be issued or any construction in the subdivision allowed until
approval for such work has been obtained from the Conservation Commission for areas
affected by the Wetlands Protection Act and the Hopkinton Wetlands Protection Bylaw.
14. Drain easements shown on the plan shall be defined by metes and bounds, deeded to the
Town, recorded at the Registry of Deeds (or Land Court) at the Applicant's expense, and
copies furnished to the Town Clerk, Department of Public Works and Planning Board.
15. Areas disturbed for roadway and infrastructure construction shall be loamed and seeded
during construction as soon as possible.
16. The street name shall be approved by the Board of Selectmen prior to endorsement and
recording of the plan. The street sign shall be erected by the applicant prior to the issuance
of building permits.
17. During construction, streets shall be swept and catch basin sumps shall be cleaned regularly,
at least twice a year.
18. During construction, the common open space shall not be used for storage of construction
vehicles, stockpiling of loam or other material, or any other use incompatible with its future
use.
19. Each lot shall be assigned a street number by the Director of Municipal Inspections, and such
number shall be noted on the plan prior to endorsement.
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20. An accurate compilation of quantities of the site improvements to be installed and
constructed shall be provided to the Board prior to the commencement of construction.
21. The sight distance associated with the two driveways on Pond Street shall be evaluated by
the Director of Municipal Inspections at the time of building permit application. The
applicant shall be responsible for undertaking any recommended improvements, which shall
consider the status of Pond St. as a designated scenic road. This condition shall not relieve
the Applicants of the need for any required approvals pursuant to the Scenic Roads Bylaw.
22. The plan shows proposed plantings for screening purposes on the property at 199 Pond
Street. No such planting shall be undertaken without the written agreement from the owner
of 199 Pond St. allowing the planting on the property. In the event that approval is not
received from the owner prior to the completion of all other work shown on the plan and the
applicants are unable to accomplish the planting, said planting shall not be required.
23. The applicants shall provide additional details, design calculations and other supporting
information for review for the proposed culvert and retaining walls stamped by a
Massachusetts registered professional structural engineer, prior to the commencement of
construction. The design shall be in accordance with the AASHTO LRFD Bridge Design
Specifications, including the use of a crash railing system.
24. A copy of the final signed Operations and Maintenance Plan for the stormwater management
system shall be submitted to the Planning Board prior to the commencement of construction.
25. The plan shall be revised prior to endorsement in order to provide a delineation of the 4”
PVC outlet at the ecological restoration area, such as stone pads at inlet/outlet, to allow for
ease of location during maintenance operations.
26. Prior to endorsement, the plan shall be revised to include the kettle hole drainage area on Lot
1 within the drainage easement.
27. The plan shows a proposed trail network and existing trails. The actual location of the new
trails within the open space shall be at the discretion of the recipient of the open space, and
shall not be limited to the locations indicated on the plan. The Board encourages trail route
planning that connects to adjacent and nearby open space areas, including areas across any
street, and which allows users to view natural features.
Ms. Thomas seconded the motion, and the Board voted 7 in favor with 1 abstention (DeYoung).
Documents: Plans entitled “203 Pond Street”, dated June 30, 2014 revised September 14, 2014, prepared by
Tunison Dias, Inc.; letter from BETA Group, Inc. to Town of Hopkinton Planning Board, dated September 19,
2014 re: 203 Pond Street OSLPD Definitive Subdivision Plan; letter from Michael & Margaret Bower to
members of the Planning Board, dated August 30, 2014 received September 22, 2014; Missed Meeting
certificate – Deborah Thomas for August 11, 2014 re 203 Pond Street definitive subdivision plan
7. Administrative Business / Minutes
The Board reviewed the draft minutes of the meeting on August 25, 2014. Mr. Ferrari moved to
approve the Minutes as written. Ms. Thomas seconded the motion and the vote was unanimous
in favor.
8. Subdivision Regulations – Proposed Amendments
Ms. Lazarus noted the Board is required to adopt Subdivision Regulations, which were last
amended in 2003. She noted she has been gathering comments for the last few years and has
drafted proposed amendments, which have been distributed to the Board. She noted a public
hearing is scheduled for October 20. She asked the Board to review the draft and contact her
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with any comments and/or recommendations as soon as possible. She noted she will also ask for
comments from the DPW Director, Town Engineer and BETA Group. She noted a lot of the
changes are related to stormwater regulation changes in the last 10 years.
9. Future Meetings/Applications
Mr. Weismantel noted it promises to be a busy fall for the Planning Board. Ms. Lazarus listed
upcoming hearings and anticipated applications:
a. Master Plan Special Permit application for Lumber St./West Main St. – Ms. Lazarus noted
this application is submitted under the recently adopted Neighborhood Mixed Use zoning
bylaw, and the hearing has been scheduled for October 6.
b. Special Permit application for Penny Meadow Lane. Ms. Lazarus noted the public hearing
will be on October 6.
c. 85 West Main St. – Ms. Lazarus noted this is a proposal for a new commercial development
on the “Golden Spoon” property, and requires site plan approval and a special permit to
allow a bank drive-up window. She noted the hearings will be on October 20, followed by a
Board of Appeals hearing on October 22 for setback relief.
d. Ms. Lazarus noted there will also likely be applications for site plan review for Weston
Nurseries and subdivision plans for Leonard St. and 44 Cross St., site plan review for a
construction company on South St., and the Crossroads rezoning proposal.
Mr. Weismantel noted there is also is potential for an application by Capital Group Properties for
property on Wilson St., and Ms. Lazarus referred to a potential 40B proposal by the same
company on Hayden Rowe St.
10. Legacy Farms – Master Plan Special Permit Conditions
Mr. Weismantel noted as per Condition #65 of the Master Plan Special Permit (MPSP) for
Legacy Farms, the corridor study was due on June 27. Ms. Lazarus stated she received an email
today with a report from the traffic consultant, but the report was not complete.
Roy MacDowell, Legacy Farms, LLC, joined the Board at this time. He noted he has an update
on the East Main St. sidewalk and road shimming work. He stated he met with the DPW
Director and Weston & Sampson to discuss construction and come up with a traffic management
plan, but otherwise both projects are ready to go. In response to a question of Mr. Weismantel,
Mr. MacDowell noted they are starting the path from the athletic parcel up to 43 East Main St.,
and the engineering details for the stone wall and riprap will be finished up with Weston &
Sampson. Mr. Weismantel asked if sidewalk construction and roadwork will be done
simultaneously, and Mr. MacDowell noted it is the same contractor. He noted some sections
won’t affect traffic but in general interruptions cannot be avoided. Ms. Thomas noted that the
other phases of the East Main St. sidewalk, from the athletic field to Legacy Farms South, will
require an extension from the Board. Mr. MacDowell stated they met with the Parks &
Recreation Commission (P&R) to explore ideas, and he was asked to work with them, the
Planning Board, Conservation Commission and Vanasse Hangen Brustlin (VHB) to see what can
be done regarding the entrance in the front of the property. He noted he told them he would be
happy to explore a solution and perhaps pay for it by swapping the cost of loaming and seeding
with the Town. Mr. Weismantel noted he and Ms. Lazarus discussed the athletic parcel with
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town officials recently, and P&R will take the lead on this by deciding on the type and location
of the field and Legacy Farms will be responsible for loam and seed.
Mr. Weismantel noted it sounds like the corridor study will be submitted shortly, and he is
willing to entertain a motion to approve an extension of the completion deadline for the East
Main St. sidewalk under Condition #71 of the MPSP. Mr. DeYoung stated he has no objection
to putting off the later phases. It was noted it may be better to do it while the other work is being
done, and Mr. MacDowell noted he understands but they cannot really proceed until a decision
has been made regarding the athletic parcel. Ms. Thomas moved to extend the deadline for
construction of the sidewalk from the athletic field to Legacy Farms South to September 15,
2015. Mr. Ferrari seconded the motion and the Board voted 7 in favor and 1 opposed (D’Urso).
Mr. Weismantel referred to condition #71 with respect the sidewalk section between Ray St. and
the athletic parcel. Ms. Lazarus noted this would be the second amendment, and it was noted
that without an extension the developer would be in non-compliance which could result in
suspension of additional building permits. Mr. MacDowell asked for an extension to November
30, 2014. Mr. Holbrook noted he feels it is ok as long as construction starts within 2 weeks. Mr.
Holbrook moved to extend the deadline for this portion of the sidewalk to November 30, 2014
subject to a construction start date of October 10, 2014. Ms. Wright seconded the motion. Mr.
MacDowell asked if it would help if he transferred the 19 acre parcel to the Town sooner, and
Mr. Weismantel noted he does not think so. The Board voted unanimously in favor of the
motion.
Document: Email from Robert Nagi, VHB, to Elaine Lazarus, dated September 22, 2014 re: West Main St.
Draft
11. Liaison Reports
Mr. Weismantel stated he will be out of Town for the first Zoning Advisory Committee meeting,
and asked Mr. Ferrari to thank the members on his behalf for being willing to serve on the
Committee.
Adjourned: 9:30 P.M.
Submitted by Cobi Wallace, Permitting Assistant
Approved: October 20, 2014
Other Documents Used at the Meeting: Agenda for September 22, 2014 Planning Board meeting; Memorandum
to Planning Board from Elaine Lazarus, Director of Land Use, Planning & Permitting, dated September 18,
2014 re: Items on Planning Board Agenda September 22, 2014; Draft Planning Board minutes of 8/25/14;
Draft Amendments to Rules and Regulations relating to the Subdivision of Land adopted May 8, 2000 amended
through June 16, 2003