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PLANNING BOARD MEETING – October 8, 2014
PRESENT: Jesse Forcier, Chairman; Mark Pease, Vice Chairman; Robert Donnelly; George Nangle; Glen Edwards, Town Planner; Michael Buxton, Director of Public Works; Mark Hamel, Town Engineer and Lisa Wagner, Recording Secretary
Chairman Forcier opened the meeting at 7:00 p.m. in Harmony Hall and the Pledge of Allegiance was recited.
ABSENT: Philip Greene
MINUTES:
Meeting held on September 24, 2014: Mr. Donnelly motioned to approve. Mr. Pease seconded. Motion passed unanimously.
1656 MAMMOTH ROAD/PAUL MORAN/ANR PLAN:
Paul Moran appeared before the Board seeking approval for an ANR plan for his property at 1656 Mammoth Road, which is shown as Lot 2 on the plan. Chairman Forcier stated the Engineering Department has no issues with the plan and the lot complies with the zoning requirements of 175 feet of frontage along with over 40,000 square feet of area. Mr. Pease mentioned if Parcel A and the new lot are held in common ownership, then should the lots merge. Mr. Edwards noted the nonconforming parcel is shown as not a building lot and the owner of the property can create a conforming lot.
Mr. Donnelly motioned to approve. Mr. Nangle seconded. Motion passed unanimously.
DRAYCOTTE AVENUE – “CAMPBELL ESTATES”/DOREEN POTTER NOMINEE TRUST/SPECIAL PERMIT & DEFINITIVE SUBDIVISION/PUBLIC HEARING:
Chairman Forcier opened the hearing and read aloud the Legal Notice advertised in the Lowell Sun on Wednesday, September 24, 2014 and on Wednesday, October 1, 2014.
Attorney John Paczkowski and Richard Alleca of Village Surveying represented the applicant in seeking a 5 lot open space subdivision on approximately 5.9 acres of land located in the R1 zoning district. The development will be serviced by Town water and sewer. Attorney Paczkowski indicated that the Planning Board approved the preliminary conventional subdivision back in August 2012.
Mr. Donnelly inquired about the wetlands on the site. Attorney Paczkowski stated an Order of Conditions has been requested and the Conservation Commission scheduled a public hearing for November 5th, however; the wetland boundary was flagged and an Order of Resource Area Delineation was issued. Mr. Pease asked about the wetland crossing. Mr. Alleca indicated a 5 foot concrete box culvert will be installed at the crossing and located about 1 foot below the stream. Also, there will be approximately 400 feet of new roadway constructed along with a drainage system consisting of deep sump catch basins and manholes directing the runoff to stormwater facilities.
PLANNING BOARD MEETING – October 8, 2014
Mr. Pease mentioned a concern about the location of the detention pond. Mr. Alleca noted the proposed design is to protect the resource areas from adverse impact by directing the roadway and driveway runoff through the stormwater facilities. Chairman Forcier asked Mr. Hamel about his concerns. Mr. Hamel stated his comments were provided for Conservation and he did a preliminary review of the calculations. Mr. Alleca added he’ll be revising the drainage calculations based on the recent DEP comments and then he’ll submit the finalized copy to Engineering.
Chairman Forcier asked if anyone in attendance had a question or comment.
Bruce Abbott of 44 Draycotte Avenue has a concern about his property being flooded out, as he’s at the lowest point and he questioned why they’re not using Butler to access the subdivision. Mr. Alleca indicated it was not feasible due to the existing wetlands.
Evelyn Cox of 25 Draycotte Avenue asked why this project is before the Board, as she thought the Board wanted the applicant to receive Conservation approval before coming back and it has not been approved yet by Conservation. Chairman Forcier asked if a date has been set with Conservation. Mrs. Cox noted it keeps getting postponed. Mr. Alleca stated the DEP comments were just received and the plans need to be redesigned, however; they’re scheduled for a public hearing at the November 5th meeting. Mr. Donnelly mentioned that the Conservation Commission determines the location of the wetlands and what can or can’t be done. In regard to the Conservation filing, Mr. Edwards noted the applicant must file written evidence that a Notice of Intent was filed. Mr. Alleca confirmed it was and further added access through Butler was considered, however; there would be a significant increase in the amount of impervious area.
Bruce Abbott of 44 Draycotte Avenue questioned the design of the bridge and whether tubing would be installed. Mr. Alleca stated a 2’x3’ imbedded concrete box culvert will be installed. Mr. Abbott noted his property is on the other side of the bridge and during the spring he is often flooded. Mr. Alleca indicated that the size of the culvert is determined by calculations for a 100 year storm, which has a 1% chance of occurring. Mr. Abbott believes his property will be negatively impacted with the roadway being built up. Mr. Alleca stated any runoff from the development will be captured by the pond and will exit downstream from his property. Mr. Abbott further disputed Mr. Alleca’s findings and questioned who will be responsible after the subdivision is built and his property is flooded. Mr. Pease commented that the property owner has a right to develop their land and the situation at Mr. Abbott’s property can be no worse than the current conditions and it could possibly improve the conditions.
Tom Cox of 25 Draycotte Avenue is not in favor of the project and believes the owner wants to get the subdivision approved, get permits and then just sell it off.
Hearing no further questions, Mr. Nangle motioned to continue this hearing to the November 12th meeting. Mr. Pease seconded. Motion passed unanimously.
PLANNING BOARD MEETING – October 8, 2014
PELCZAR ROAD – “REDSTONE PARK II”/THE PRIME GROUP/DEFINITIVE SUBDIVISION/PUBLIC HEARING:
Chairman Forcier opened the hearing and read aloud the Legal Notice advertised in the Lowell Sun on Wednesday, September 24, 2014 and on Wednesday, October 1, 2014.
Chuck Scott of CFS Engineering represented the applicant, Navin Patel of The Prime Group and presented a definitive subdivision plan consisting of 8 lots situated on 44.6 acres in the R1 residential zone. The development contains 3 parcels, shown as 100 Pelczar Road (Map 67, Lot 97) and Redstone Park (Map 54, Lot 11-1) owned by The Prime Group and 70 Pelczar Road (Map 67, Lot 101), which is the Redman property that is under agreement. Mr. Scott stated a filing was done with Conservation and the 1st hearing is scheduled for October 15th, however; the Consultant for the Conservation Commission has been out to the property to evaluate the wetland boundary and he confirmed the boundary except for 2 wetland areas flagged as 22A & 40C, as shown on the plan. The plan is color coded to show characteristics of the property. Mr. Scott noted the blue area is designated as Trout Brook, which dissects the property north of Pelczar Road and runs through the property then discharges to the westerly side of the site. There are 2 branches off of Trout Brook, which are designated as perennial streams and have river protection status. The areas indicated as olive green are adjacent to the brook and are bordering vegetated wetlands, which were designated by the Consultant and the red boundary lines identify the 50 foot buffer areas. Mr. Scott mentioned there are 3 private easements; the first is the 200 foot easement for the overhead power lines and 2-50 foot gas easements; one being the M&N pipeline and the other for Tennessee Gas. A sewer easement was also granted to the Town to provide access for the ongoing sewer project.
Furthermore, Mr. Scott stated the project consists of 2 cul-de-sac roadways with 4 houses on each road and lots of at least 40,000 square feet. At the access for the proposed roadways, shown as 70 & 100 Pelczar there are existing homes, which meet the zoning requirements. A septic system at 70 Pelczar will be removed for the new roadway and 100 Pelczar has been reconfigured. For both Liberty Lane and Freedom Court, Mr. Scott stated waivers are being requested for the pavement width, which 30 feet is required and 26 feet is requested, as he feels it is sufficient to service a 4-lot subdivision. A waiver is being requested from the required 130-feet of paved cul-de-sac down to a diameter of 95-feet, which will be adequate for emergency vehicles. Also, Mr. Scott noted a waiver request for a sidewalk on only one side of the street, as is the case on Pelczar.
In review of the drainage, Mr. Scott indicated it will be handled by a series of catch basins along the street, which will discharge to an underground infiltration storage system rather than a detention basin. It was mentioned that Natural Heritage & Endangered Species requested an underground system to protect rare turtles at the site.
The roadway located at 70 Pelczar Road is shown as Freedom Court and is 582 feet in length from the entrance at the Redman property to the end of the cul-de-sac, however; it measures 340 feet from the Redman boundary line to the rear of the cul-de-sac.
PLANNING BOARD MEETING – October 8, 2014
In reference to the cul-de-sac length for Freedom Court, Mr. Scott indicated the Planning Board has waived or allowed longer cul-de-sacs when the access for the site is through an existing property.
Chairman Forcier inquired about the ownership of the open space area shown on the plan. Mr. Scott stated the area is approximately 16 acres and he feels it benefits the project and the Town. Mr. Edwards had some concern as this is a definitive subdivision plan and not an open space subdivision; furthermore for the Town to acquire a piece of land it has to be accepted at Town Meeting. Chairman Forcier questioned the status of Parcel E and Mr. Edwards asked if there would be any future development. Mr. Scott indicated there is no intent to develop the land and it is not considered a buildable lot. Chairman Forcier asked if the reconfiguration of Lot 14 creates a non-conforming lot. Mr. Scott stated the new frontage is on Freedom Court and it meets the zoning requirements. Mr. Pease inquired about the waivers requested for the development and indicated there should be some justification to waive the requirements of the Town Standards. Mr. Scott felt it was reasonable to seek waivers, as there is a movement by the State to minimize the amount of overall infrastructure, which has to be maintained by the Town. Mr. Donnelly commented that the people of the Town established the regulations at Town Meeting and want it done that way. Mr. Scott questioned the standard regulations for subdivisions regardless of the size, but added the project can be done without the granting of waivers. Mr. Donnelly asked if he received the 12 Engineering Department comments. Mr. Scott indicated he just received them and he will address all issues for the next meeting.
Chairman Forcier asked if anyone in attendance had a question or comment.
Daniel Wyman of 968 Methuen Street asked about the impact this development will have on his property. Mr. Scott stated he is on the other side of Trout Brook and wouldn’t see any of the construction. Mr. Wyman asked that his existing stonewalls not be disturbed during construction, as he will be taking pictures before, during and after.
Deborah Koniowka of 1052 Methuen Street was unsure why she received a certified letter and asked if any work was being done on Methuen Street. Mr. Scott stated the Assessor’s office has their address as 1102 Methuen Street for a portion of this development, but there is no construction on Methuen Street.
Michael Tang of 71 Pelczar Road asked if there would be access from Pelczar to Methuen. Mr. Scott stated there is no intent to do anything with Parcel E. Mr. Tang questioned whether the reduced roadways would be sufficient for emergency vehicles during winter months with snow banks. Mr. Scott felt the roadways would be adequate down to 18 feet. Mr. Tang mentioned a decrease in the sight distance with snow banks on Pelczar and the new roads. Mr. Scott indicated it should not create any additional problems, but he could discuss it with DPW.
Leo Vezina of 55 Tellier Way noted Freedom Court is 582 feet, but the by-law is 500.
PLANNING BOARD MEETING – October 8, 2014
Mr. Vezina asked if a cul-de-sac can be put in an easement. Mr. Scott stated the plan has been sent to the private entities for input and he received responses from M&N and Tennessee Gas. The roadways are not within the easements and the companies do not have an issue with the roadway boundaries being in the easement. Mr. Scott mentioned some of the individual house lots may have issues, but those will be addressed when seeking building permits. Mr. Vezina inquired if there is a by-law preventing cul-de-sacs from being over easements and he asked if the Fire Department finds the roadway acceptable. In addition, Mr. Vezina questioned whether this development should be in front of the Board, as the open space area was previously shown as part of Presidential Way. Mr. Scott stated the open space was shown as Parcel A on Presidential Way, but it was a conventional plan because the open space plan was denied. Chairman Forcier questioned the open space area being discussed for conveyance to the Town. Mr. Scott will re-evaluate the plan and consider other options for the land. Mr. Edwards added the applicant came in with a definitive plan rather than a preliminary where issues can be worked out. Mr. Scott noted that under the Subdivision Regulations an applicant has the right to file a definitive plan without a preliminary and the Board is given additional time to review and render a decision. Mr. Vezina stated the by-laws should be complied with.
In regard to the waivers, Mr. Pease asked about the 3:1 off-grading slope. Mr. Scott noted the requirement is 4:1 and the function of seeking a 3:1 slope is to minimize the overall disturbance of land and minimize the number of trees to be cut down. Mr. Vezina reiterated that the by-laws are the by-laws and should be followed.
Rich Cowan of 12 Greenlawn Avenue mentioned the easements in proximity to the pipeline and asked if letters were received from the companies to allow this. Mr. Scott stated he would submit the letters to the Board. Mr. Cowan inquired if the Federal agency on pipeline safety has been contacted. Mr. Scott indicated he did not. Mr. Cowan noted he sent the Board an email this afternoon around 4:00 with concerns of pipeline safety. Chairman Forcier stated emails need to be to the Board by the previous Friday and discussion could be scheduled for a future meeting.
Stephen Mikas of 101 Pelczar Road resides across from the proposed roadway Liberty Lane and he is concerned with backing out of his driveway given the grade and radius of Pelczar and now having to consider traffic from a third direction. Mr. Scott stated he will evaluate it in the field and address his concern. Chairman Forcier noted it is not a big subdivision, but the Board will take his issue under consideration.
Nerender Bharadwaj of 15 Presidential Way has a serious concern and ongoing water issues due to poor grading. Mr. Scott stated the runoff will be directed toward the proposed infiltration and the elevation is below his property.
Bob McArdle of 130 Pelczar Road asked if there are any frontage issues for 70 & 100 Pelczar. Mr. Scott stated both properties meet the current zoning requirements.
PLANNING BOARD MEETING – October 8, 2014
Florence Jones of 104 Pelczar Road questioned the location of the proposed road Liberty Lane. Mr. Scott indicated the placement provides the most adequate sight distance.
Chairman Forcier asked if the Board wanted to discuss the waivers. Mr. Donnelly and Mr. Pease wanted to review the plans further and felt there were a number of revisions to address before dealing with the waivers. Chairman Forcier suggested having input from Town Council on the Parcel E and open space issues. Mr. Scott stated he would review the plan and discuss other options with town staff. Mr. Edwards asked Mr. Scott to supply documentation with regard to a previous waiver granted for cul-de-sac length, where there was a similar circumstance of access through another property.
Hearing no further questions, Mr. Pease motioned to continue this hearing to the November 12th meeting. Mr. Nangle seconded. Motion passed unanimously.
NEW BUSINESS:
572 Nashua Road/Kenny Nguyen/Special Permit Submittal for a Combined Business (Nail Salon) and Dwelling & To Request a Public Hearing
Mr. Nangle motioned to schedule a public hearing on November 12, 2014. Mr. Pease seconded. Motion passed unanimously.
November & December Schedule
Chairman Forcier stated the Board would just be holding one meeting in November and December due to the holidays.
Mr. Donnelly motioned to schedule the November meeting on the 12th and the December meeting on the 10th. Mr. Nangle seconded. Motion passed unanimously.
ADJOURNMENT: Mr. Nangle motioned to adjourn at 8:55 p.m. Mr. Pease seconded. Motion passed unanimously.
THE DRACUT PLANNING BOARD
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Jesse Forcier, ChairmanMark Pease, Vice Chairman
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Robert DonnellyGeorge Nangle
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