PLANNING BOARD MEETING
OF
January 15, 2014
Members Present: Tom Wrynn, Chairman
Alex Lyon
Bill Skinner
Michael McKnight
Members Absent: John Fragola, Vice Chairman
George Smith, Clerk
Gregg McCombs
Chairman Wrynn called the meeting to order and reviewed the agenda at 7:00 p.m. in the in the Town Hall’s second floor conference room.
AMBERFIELDS LITIGATION – TOWN COUNSEL GEORGE HALL
The Board met with Town Counsel George Hall in regards to the pending litigation with Amberfields and to discuss a possible resolution. Atty. Hall reviewed the fact that Amberfields requested an extension to their permits on September 18, 2013. The Board granted their request for the extension to November 30, 2013 subject to additional security monies. Amberfields then filed suit.
Atty. Hall feels that this subdivision falls under the Permit Extension Act of 2010 which automatically extended the permits for four years which includes any permits in effect from August 15, 2008 to August 15, 2012. The question then becomes if the permit was automatically extended under this act how can the Board enforce the request for additional security money. The extension will expire in September 2014, any vote before that date cannot be enforced.
The Board should look at the status of the development and if it can be finished by September of this year. Atty. Hall feels that there is no advantage to pressing a position in litigation.
If they ask for another extension in September, the Board at that time could ask for an increase in the bond. If they do not post it at that time, the Board can vote to call the Bond as it would be in default.
Mr. Skinner noted that the Board asked for the additional bond money to cover the current costs as the DPW Director determined that there was not enough in the current bond.
The Tripartite was replaced in September of 2013 and is good until September 2015.
Atty. Hall recommends resolving the litigation if the Board agrees that the Permit Extension Act applies to this subdivision.
If the developer continues to work on the subdivision, the situation may resolve itself and be completed but the Board needs to be prepared at that time to take action if they do not comply with a request for additional funding.
Atty. Hall will stipulate that there be no reimbursement for legal costs by the town.
A motion to accept Town Counsel’s recommendation and draft the necessary paperwork to resolve the litigation with Amberfields was made by Mr. Skinner and seconded by Mr. Lyon. The motion carried 4-0-0.
Atty. Hall noted that he has only worked on three default bonds in the twenty plus years he has worked for the town.
The Board noted that there are drainage issues at the site and that is the main reason for asking for the increase in the bond amount.
Atty. Hall, Ms. Duncan and DPW Director Mike Lavin will meet as the deadline gets closer to discuss a strategy.
It was noted that this subdivision is not being inspected by the Town Engineer as it was not a condition of the approval.
WRENTHAM CROSSING SLIP RAMP UPDATE
Ms. Duncan and Mr. Lavin attended a meeting with the DOT District 5 to discuss the slip ramp. The DOT feels that the scope is greater than Wrentham Crossing as the Wrentham Outlets needs to be included in a study. There is at least $500,000 in design work to be done and they cannot make Wrentham Crossing expand their scope but the work does need to get done.
Only 25% of the Wrentham Crossing work has been done but it is not the fault of the developer.
PLANNER REPORT
Ms. Duncan has been meeting with various developers so there could be some projects coming before the Board in the next few months.
There are two seats on the Board in the upcoming election, Mr. McCombs and Mr. Fragola. Papers are available at the Town Clerk’s office, the election will be held in April.
The Wrentham Outlets will be coming to the next meeting on February 5, 2014 for the annual Midnight Madness review.
MINUTES
A motion to approve the minutes of December 4, 2013 was made by Mr. Skinner and seconded by Mr. McKnight. The motion carried 4-0-0.
CROCKER POND ESTATES COVENANT LOT RELEASE REQUEST
A request has been received for lot releases for Crocker Pond Estates which was built in the 1980’s but the lots were never released.
A motion to sign the Covenant for Lot Releases for lots 12-19 and 24-29 at Crocker Pond Estates was made by Mr. Skinner and seconded by Mr. Lyon. The motion carried 4-0-0.
CONTINUED PUBLIC HEARING – BADUS BROOK EARTH REMOVAL
The applicant was advised that only four members are in attendance this evening and the Special Permit requires five votes. The applicant would like to proceed and request that the missing members file Mullin’s Rule paperwork.
Atty. Dave Manoogian was present as well as Dave Zaltas, Carl Hultgren of Quinn Engineering and Terry Ryan of Applewood Survey.
Mr. Ryan stated that the subdivision work was begun over three years ago. They have an Earth Removal Permit to remove 12,000 yards of materials to build the roads. Recently they had begun work on the back lots and started blasting to prepare the lots. They were then asked to stop so the blasted rock is still there. There are also areas that still need to be excavated. They would like to be able to finish up the excavations, clean it up and sell the lots.
There is approximately 37,000 yards to be removed which includes the blasted areas and areas still to be done. There is approximately four to five days of blast work left. The total amount of Earth Removal is now estimated to be up to 80,000 yards.
The plans for the lots have changed since it was approved, they would like to grade the rock on the lots. Material will be brought back and put at the bottom for infiltration.
Mr. Ryan explained how the drainage will flow over the rocks. It will flow to a swale and sandy material.
Mr. Hultgrenl of Quinn Engineering stated that the Stormwater Analysis originally done in 2005 and he looked at it with this proposal. He feels that there should be no more runoff than the 2005 calculations and no additional impacts.
Dave LaPointe of Beals and Thomas stated that they have not done a complete review but have noted that there is construction debris on the left side of the site that should be removed. Erosion controls are also needed on the cul de sac and there is sediment in the roadway. He recommends a fence at the top of the slope. He feels that the swale proposed is a reasonable solution.
Carl stated that he feels that the 2005 conditions would still apply even though there have been some reconfigurations to the lots. It is the removal of additional materials that was unforeseen.
Mr. Ryan noted that originally there were two separate subdivisions but there are good soils on the site. There was more ledge than anticipated.
Lot 18 is not included in any of the calculations; this is a custom lot that would need a separate Earth Removal Permit.
Mr. Zaltas noted that the lots are not selling as is, the Earth Removal needs to be done to make the lots saleable.
They would like to stabilize the lots until they can be sold, and smooth the out rock to even the slope and hydroseed at the bottom of the swale.
Mr. McCombs, Mr. Smith and Mr. Fragola need to file Mullin’s Rule paperwork before the February 5, 2014 meeting for the hearing to continue.
Ms. Duncan noted that additional 53G funds may be needed.
A motion to continue the hearing to February 5, 2014 at 7:45 was made by Mr. Skinner and seconded by Mr. McKnight. The motion carried 4-0-0.
PUBLIC HEARING – 108 WILLIAMS STREET SCENIC ROAD PERMIT
A motion to open the Public Hearing was made by Mr. Skinner and seconded by Mr. Lyon. The motion carried 4-0-0.
Mr. Wrynn read the Public Hearing Notice.
Applicant Ray Loughlin was present; he returned the certified mail receipts to the Board.
Mr. Loughlin explained that this is a lot that he intends to divide by ANR into two lots and build a house on the new lot. In order to do this a portion of the stone wall will need to be removed for a 12 foot driveway and water line. No trees are proposed to be removed. The entire frontage of the lot has a stone wall.
Mr. Skinner asked that the stones removed be used for rounding returns into the property or to be used to fill in the low spots on the existing wall.
Rose Hoffenberg of 89 Williams Street stated that the water pressure in the area is not good and adding another house will make it even worse. The Board stated that this would need to be taken up with the Water Department, this hearing is for the removal of the stone wall in the scenic road.
Allan Hoffenberg of 89 Williams asked if any other issues could be addressed such as traffic, pedestrians, etc. The Board members advised him that this is a conforming lot that is allowed to be built upon.
A conforming lot is a lot that has enough land to build upon as a matter of right.
Mike Fabiano of 160 Williams Street asked if this could be delayed until the ANR is filed. He would also like the applicant to bring in more rocks to make the wall look good to preserve the scenic road.
Mr. Hoffenberg asked about the water supply. Mr. Loughlin stated that it will be kept as close to the driveway as it can to minimize the amount of rocks to be moved.
Kurt Leontie of 80 Williams asked if they would be allowed to cut into their new road. The Water Department is in control of that request.
The neighbors are concerned with the grade of the lot and the appearance in the neighborhood.
The Board can condition the approval to help to minimize the impact by including a condition to use the existing stones elsewhere on the site.
A motion to allow not more than 20 linear feet of stone wall be removed for access to a new home and to rebuild the adjacent wall to the satisfaction of the Planning Board subject to the lot becoming a conforming lot in the zoning district was made by Mr. Skinner and seconded by Mr. Mr. McKnight. The motion carried 4-0-0.
The meeting was adjourned at 9:05 p.m.
Respectfully Submitted,
Diana Gray
Approved by the Clerk on Behalf of the Board:
______
George R. Smith Jr., Clerk
Wrentham Planning Board Meeting Minutes January 15, 2014 Page 3 of 4