Minutes
LYNNFIELD PLANNING BOARD MEETING April 25, 2018
A meeting of the Planning Board was held on Wednesday, April 25, 2018 at 7:00 p.m. in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Vice Chairman Michael Sheehan, Clerk Charlie Wills, Katherine Flaws, and John Gioioso. Chairman Brian Charville called the public meeting to order at 7:00 PM and announced it was being recorded. He acknowledged the Planning Board’s (PB) office clerk, Susan Lambe, for her work as it was Administrative Professionals Day.
- Signing decision materials – Zepaj Lane
Chairman Charville said he had spoken with Atty. Kimball, who submitted all needed forms to town counsel for review that afternoon. He said that approval had been granted at the prior PB meeting, and the administrative action of signing the documents would take place in the coming days.
Chairman Charville then requested a motion to open the public hearing for town meeting warrant article 22. Mr. Sheehan made the motion, and it was seconded by Ms. Flaws. The motion carried 5 – 0. Chairman Charville also asked for a motion to reopen the public hearing begun on April 11, 2018 to discuss the remaining warrant articles. Mr. Sheehan motioned to reopen the public hearing; Mr. Wills seconded it, and the motion carried 5 – 0.
- Public Hearing – Warrant Article #22
Atty. Ted Regnante reviewed the articles (#19, 20, and 21) which had been heard at the 4/11/2018 PB meeting. These articles allow for the rezoning of 105 acres at Sagamore Spring Golf Course to 154 units of Elderly Housing (EH) that have a golf course as an allowed use of the property. The development will be known as Fairways Edge. Warrant Article #22 requests to modify the zoning in a Groundwater Protection District by allowing a sewage treatment facility therein, provided it meets all standards of CMR 3.14. The proposed facility would also be consistent with Title 5 and MA DEP regulations. Mr. Peter Ogren of Hayes Engineering offered a more detailed analysis of the bylaw:
- It only pertains to multi-family properties that generate over 10,000 gallons per day (gpd).
- It will have no effect on any single family septic systems.
- Once the project is permitted by the state, the bylaw allows for a state of the art treatment facility.
- The state will have a high level of control due to the needed Groundwater Discharge Permit.
- The DEP and the LCWD have reviewed the new proposal vs. the comparative use single family alternative. The single family homes would generate 45,100 gpd; the proposed EH would have 23,100 gpd.
Mr. Ogren then distributed the DEP’s state model bylaw from 1999, which was revised in 2011. He explained the differences between sanitary and non-sanitary wastewater, and that household wastewater is considered sanitary. The state’s model bylaw also requires a special permit be obtained for the proposed treatment plant. Mr. Ogren stated that the proposed town bylaw has been made consistent with the model bylaw from the state.
At 7:25 PM, Chairman Charville asked Ms. Lambe to read the ad for the public hearing notice, and then requested a motion to dispense with the remainder of the reading of the ad. Mr. Wills made the motion, and Mr. Gioioso seconded it. The motion carried 5 – 0 Chairman Charville asked Atty. Regnante to explain the recent change made to the article. Atty. Regnante said that Mr. Alan Dresios had suggested including the actual performance standard in the bylaw, rather than just referencing it; therefore, there is “no substantive change made, just a delineation of what the standard is”. Mr. Ogren referenced the letter from resident Paul Marchionda that had been read at the 4/11 PB meeting in which Mr. Marchionda requested documentation supporting the 82 single family (SF) residences cited as a possible use for the Sagamore property. Mr. Ogren then reviewed an extensive plan from 2006 which evidenced the property could support 82 SF homes. Chairman Charville said the plan would be kept in the PB’s records and could be inspected if desired.
Chairman Charville asked if audience members had questions. Ms. Kathy Randele asked how the proposed number of units had been reached. Mr. Ogren said that based on the size of each unit, 154 is the number that fits comfortably on the property. Mr. Ron Bonvie, the developer of the plan, said that number is what fits comfortably and still allows for preserving the maximum number of trees and widening the golf course fairways. Ms. Randele asked if the project would be built in stages; Mr. Bonvie answered yes. Chairman Charville invited Mr. Alan Dresios to speak about the possibility of not having a unit cap in this bylaw, and working with a coverage limitation instead. Mr. Dresios stated that he has researched the current cap of 136 units, and is unable to determine how that was arrived at. Current coverage limitation in the bylaw is 25%, and he thinks that should sufficiently handle the density questions. Atty. Regnante said it is important to inform town meeting of the maximum impact the project will have. Ms. Flaws asked how many units the 25% density would allow for. Mr. Bonvie answered “substantially more would fit”. Chairman Charville estimated the 25% density would allow for 400 – 600 units. Mr. Gioioso said he has heard consistent feedback from residents that the unit size is too large and the price should be more affordable. Mr. Bonvie said that market research done by Richard Tisei of Northrup Realtors, along with input from the owners and Hayes Engineering had determined the size and price of the units.
Chairman Charville inquired about the mitigation package that the BOS had requested. Atty. Regnante said the tax revenue from the development would be in excess of $1.7 million annually. He said the mitigation package includes: a payment of $10,000 per unit when sold (totaling $1.54 million), and upgrades to the intersection of Main and Lowell Streets totaling $154,000 which would be completed before the first building permit is issued. Chairman Charville asked if this is an enforced agreement; Atty. Regnante answered yes, there will be a development agreement secured by either a bond or an LC issued to the town as security. Mr. Gioioso asked if the development agreement would include construction mitigation. Atty. Regnante answered yes; a peer reviewer determined by town engineer Charlie Richter and paid for by the developer, would be engaged. Mr. Gioioso asked if the construction plan would be detailed and shared; Atty. Regnante said yes, and it would also be reviewed with the PB and ZBA beforehand.
Ms. Flaws asked if traffic at the intersection of Main and Essex Streets, and Main St. and the town common would be studied. Atty. Regnante said the peer reviewer engaged by the town engineer could include studying these intersections as part of his service. Mr. Bill Bergeron, traffic engineer, stated that the traffic impact would decrease as you travel further away from the intersection of Main and Lowell Streets. Ms. Flaws said that school traffic at these locations is heavy during non-peak hours, and that should be studied as well.
Chairman Charville said the Public Hearing for Perley Burrill was scheduled for 7:30, and could begin as soon as the Fairways Edge discussion in progress was completed. Resident Patricia Campbell said that zoning articles are meant to be heard at the October town meeting as opposed to the April meeting. She noted that Mr. Bruce of the proposed Wills Brook project is doing further study on that project, and feels that Fairways Edge should also do more work. Areas that should be further studied include: water sourcing, the sewerage treatment plant, and traffic impact, which she feels has been incorrectly calculated. Mrs. Campbell said the proposals are too vague, and the project is motivated by profit rather than benefits for the town of Lynnfield. Mr. Ken Burnham, of the Lynnfield Center Water District (LCWD), said the mitigation agreement includes an engineer to review the sewage treatment plant. He has spoken with towns that have used the proposed, state of the art system successfully, and noted that a licensed operator reporting to the DEP will oversee the treatment plant. Mr. Sheehan asked for details about the system. Mr. Burnham said he consulted with wastewater experts, and that new technology has greatly improved sewage treatment plants. Chairman Charville asked how the process works; Mr. Ogren said that membrane technology uses UV to disinfect wastewater, and the water will likely be used to irrigate the golf course. Mr. Ogren added that the proposed plan is not vague, and an agreement with Peabody to supply water is being finalized. Mr. Sheehan said that he appreciates how far along the plan is, but it is still difficult to vote on anything that is not definite. Atty. Regnante said the state DEP permit for this will take a year, and that since they wanted the town to have input, they drafted the article to include a local permit as well. Mr. Ogren said the zoning change is to permit “an allowable use”, not to approve the actual project. Mr. Ogren also said that this will not be the first such permit in Lynnfield; there is already such a treatment plant at Sunrise on Salem Street. Mr. Gioioso asked who gives the final permit approval; Mr. Ogren said that the state is first, then the Lynnfield ZBA. Mr. Gioioso asked who would oversee the plant; Mr. Ogren said that Weston and Sampson check Sunrise daily. Atty. Regnante said that a Groundwater Discharge Permit will require escrow to be established for repair and replacement. Mr. Burnham clarified an earlier statement about the project “joining the MWRA” by saying they were only looking to “supplement our water supply”, not join. Mr. Wills asked if any tests have been done yet; Mr. Ogren said geo-hydro and soil testing will be done, but, to date, they have examined the soil and it appears to be a suitable mix of sand and gravel with good percolation. Mr. Wills asked where the plant would be located, Mr. Ogren said on the southerly portion of the site.
Chairman Charville said that Article #18, the modernized Zoning Map of Lynnfield, was still being reviewed by Mr. Richter to determine precise boundaries and requested a motion to have the article taken up at the October town meeting. Mr. Sheehan made the motion, and Ms. Flaws seconded it. The motion carried 5 – 0. Atty. Regnante expressed concern that his warrant article #19 references the new map, and requested permission to change the wording of article #19; Chairman Charville agreed to this.
Chairman Charville requested a motion to recommend Article #19 as amended to town meeting. Mr. Wills made the motion; Ms. Flaws seconded it. Mr. Sheehan asked if the PB would make their recommendations on the warrant articles now or before town meeting. Mr. Gioioso said he is still concerned about the echo effect of the project on the school system, and recommended that the school board be notified that the PB recognizes the potential impact. Mr. Sheehan said he is concerned about the multiple water issues. Mr. Wills said the town has a group working on future school needs. Mr. Gioioso said he is aware of that, but that capital planning should be in place. Ms. Flaws said she would want assurance that 30 SF homes would not be built on the other side of Main Street. Mr. Bonvie said that would not happen because the golf course maintenance building will be relocated there. Chairman Charville noted there will be restrictive covenants in place. Ms. Flaws said that a surface treatment plant is superior to using underground septic systems. Mr. Gioioso said he is comfortable with having the state involved in the permitting, and Chairman Charville said he trusts the DEP with matters involving wastewater. Chairman Charville said it was time to take the vote. Mr. Gioioso said he still has concerns about the school impact. Chairman Charville said the PB could vote on article #19, and then craft a motion about school impact.
Chairman Charville requested the vote to recommend Article #19 to town meeting. The motion carried 5 – 0. Mr. Gioioso motioned that the PB recognize the potential impact of more students in town and inform the school board; Chairman Charville seconded it, and requested Mr. Gioioso draft the letter to the school board. The motion carried 5 – 0.
Chairman Charville requested a motion to recommend Article #20 to town meeting. Mr. Wills made the motion, and Mr. Sheehan seconded it. Ms. Flaws said this type of zoning would not likely ever come up again, and Mr. Wills said it was still necessary for this project. The motion carried 5 – 0.
Chairman Charville requested a motion to recommend Article #21 to town meeting. Mr. Sheehan made the motion, and Mr. Wills seconded it. Mr. Sheehan said the increase in the number of units was not a problem based on the density. Chairman Charville said it was still important to have a cap in place. Ms. Flaws asked why the allowed 136 units were not sufficient. Mr. Bonvie answered that number was too close to the currently allowed 52 SF residences to require zoning changes. Ms. Flaws said none of the units are affordable housing and questioned the impact on 40B. Atty. Regnante said the town is currently over 10% affordable housing and the new project underway at #2 Broadway will add 64 additional affordable units. Atty. Jesse Schomer said the state currently has Lynnfield with 11.5% affordable housing. Ms. Flaws asked if there was any chance of affordable housing in the project. Chairman Charville asked if, regardless of 40B status, the project could contain affordable units. Mr. Bonvie said he would have to ask the seller about this. He suggested the mitigation funds could be used to build affordable housing elsewhere in town as he does not develop properties of that density. The motion to recommend article #21 carried 5 – 0.
Chairman Charville requested a motion to recommend Article #22 to town meeting. Mr. Wills made the motion and Ms. Flaws seconded it. Mr. Sheehan said he has less concern about this now that he knows the state will be involved. The motion carried 5 – 0.
Chairman Charville asked Mr. Angus Bruce to update the PB on Article #23. Mr. Angus said he had requested the BOS to return Article #23 to the PB. He asked the PB to support his request for no recommendation until October town meeting to allow for further study. Chairman Charville requested a motion to make no recommendation on Article #23 at this time. Mr. Sheehan made the motion, and Mr. Wills seconded it. The motion carried 5 – 0.
Chairman Charville requested a motion to recommend Article #16 to town meeting. Mr. Gioioso made the motion; it was seconded by Mr. Sheehan. Mr. Sheehan requested a definition change in the article to include the term “non-medical” marijuana. Chairman Charville had researched this, and determined that using the terminology “Marijuana establishment that is not a Registered Marijuana Dispensary” should be used, and asked for a motion that Article #16 be adopted as amended. Ms. Flaws made the motion and Mr. Sheehan seconded it. The motion carried 5 – 0.
Chairman Charville requested a motion to recommend Article #17 to town meeting. Mr. Sheehan made the motion, which Ms. Flaws seconded, and it carried by a vote of 5 - 0.
Chairman Charville noted that Article #18 had been voted on earlier in the meeting.
Chairman Charville requested a motion to close the public hearings on the warrant articles. Mr. Wills made the motion and Ms. Flaws seconded it. The motion carried 5 – 0.
At 9:00 PM, Chairman Charville asked for a motion to open the public hearing for Perley Burrill, #914 Salem Street, and another to dispense with the full reading of the ad. Mr. Sheehan made the motion, which Ms. Flaws seconded and which carried by a vote of 5 -0. Ms. Flaws made the second motion and Ms. Flaws seconded it. It also carried 5 – 0.
- Public Hearing – Perley Burrill (#914 Salem Street)
Town Engineer Charlie Richter stated that the proposal was for a 2 lot subdivision with a shared driveway. Ms. Katie Cruz, a civil engineer with Hancock Associates, reviewed details of the proposed plan, including: that both lots meet requirements for frontage and setback, that drainage would consist of underground catch basins, that existing grade and trees would be preserved, that sidewalks would be constructed, and that soil tests have been completed. Mr. Gioioso asked if environmental work had been performed. Mr. Richter said the developer would do this. Mr. Gioioso thought a developer would want to see a
21E; Mr. Richter informed him that if the town undertook this, they would be liable for anything discovered. Chairman Charville asked for an update on the deed restrictions for the property; Mr. Richter said he would forward this to him. Mr. Gioioso asked why the town owned the property; Mr. Richter answered it was taken through tax title. Chairman Charville asked if a developer would perform a 21E; Mr. Richter said that a mortgage lender will require it. Mr. Gioioso asked what the market price of the property would be. Mr. Richter answered that the town is trying to recoup the cost of the building demolition, asbestos removal, and $270,000 in unpaid taxes.
Chairman Charville asked if residents had questions. Mr. Kevin Dillon, an abutter, asked if there was a way to prevent a third house from being built on the town owned lot at the back of the property. Mr. Richter said that would be a matter for the Zoning Board. Chairman Charville stated the PB is only reviewing a 2 lot subdivision. Mr. Richter added that the property has deed restrictions and the town owned lot had no frontage. Mr. Jason Smith, also an abutter, asked about another empty lot that abuts the property; Mr. Richter said the intent is to restrict the development to 2 lots. Mrs. Campbell said the Pump ‘N Pantry near her home has sold twice for very low prices due to prior oil spills, and the same situation will exist here. Mr. Gioioso suggested the BOS obtain a market survey price and factor in the clean-up cost to determine a starting price for the auction. Mr. Sheehan stated that the financial aspects of the proposal were not a PB issue. Mr. John Alzate, also an abutter, said a lender would not be likely to grant a loan for a contaminated property.
Chairman Charville said that Linden Engineering would be engaged by the Board as peer reviewer for the project, and requested a motion to continue the public hearing at the next PB meeting. The motion to continue the hearing at 7:30 on May 30 was made by Mr. Sheehan and seconded by Ms. Flaws; the motion carried 5 – 0.
4. Approval of Minutes
Chairman Charville asked if there was any discussion on the minutes from the
3/28 or 4/11 meetings as distributed. Finding none, he requested motions to
approve them. Ms. Flaws motioned to approve the minutes from 3/28; Mr. Sheehan seconded the motion. The motion carried 4 – 0, with Mr. Gioioso abstaining. Ms. Flaws moved to approve the 4/11 minutes. Mr. Gioioso seconded it, and the motion carried 5 – 0.
5. Discussion of Town Planner position job description
Chairman Charville noted he had sent sample job descriptions and a suggested
menu of additional job responsibilities for PB members to consider. Ms. Flaws suggested adding the planner as the liaison to the MAPC. Mr. Wills asked if the BOS were recommending the planner position; Chairman Charville said he believed they were, as “it is in the budget warrant”. Mr. Gioioso asked if there is a need for a planner in Lynnfield. Chairman Charville said yes; the PB had discussed and voted on this in December 2017 and then presented it to the BOS in January 2018 to include in the budget. Mr. Gioioso asked if we should require a master’s degree and planner’s certification; Chairman Charville said the planner’s certification is critical. Mr. Sheehan asked where responsibility for the Master Plan will lie. Chairman Charville asked Mr. Gioioso to revise the job description to include additional (from the “menu”) potential duties and identify minimum and preferred requirements for the job description and said the PB would continue this discussion at the May meeting.
6. Potential Topics for Next Meeting
- 7:30 Continued Public Hearing - #914 Salem Street (Perley Burrill)
- 36 Alexandra Road – proposed ANR plan
- Recreational Path Committee Update
- Discussion of Town Planner position job description
Mr. Gioioso asked if a master plan exists. Chairman Charville said the most recent one is from the early 2000’s and the Town is tardy with the required 10 year update. Ms. Flaws suggested revisiting working with the MAPC on the updated plan. Chairman Charville asked about the difference between working with MAPC and a private consultant. Ms. Flaws said the MAPC already has many of the needed statistics on their website. Chairman Charville asked Ms. Flaws to contact Boxborough for information about the cost of their master plan, which was facilitated by MAPC.
Chairman Charville requested a motion to adjourn at 9:55 PM. Mr. Sheehan made the motion, and Ms. Flaws seconded it. The vote to adjourn carried 5 – 0.
The next scheduled meeting of the Planning Board is on Wednesday, May 30, 2018 in the Maney Meeting Room at Town Hall, 55 Summer Street, at 7:00 PM.
Respectfully submitted,
Susan Lambe, Planning Office