Minutes

Meeting date: 
Wednesday, December 13, 2017

LYNNFIELD PLANNING BOARD MEETING December 13, 2017

A meeting of the Planning Board was held on Wednesday, December 13, 2017 at 7:00 in the Maney Meeting Room at Town hall. Present: Scott Gromko, Michael Sheehan, Katherine Flaws, Brian Charville, Charlie Wills, and town engineer, Charlie Richter. Chairman Brian Charville called the meeting to order at 7:01 PM. He welcomed Susan Lambe to the planning office staff and announced the new, posted office hours of Monday, Tuesday, and Thursday from 9:30 – 2:30.  He welcomed Kate Flaws to her first meeting as a member of the Planning Board. Mr. Charville then motioned that Michael Sheehan be elected Vice-chairman of the PB; this was seconded by Mr. Gromko. Vote was 5-0 in favor.

  1. The possible Scenic Road Bylaw (SRB) violation at 161 Essex St. was brought forward by Atty. Jason Kimball. Present: Joseph Fodera, the homeowner, Atty. John Kimball, and several members of the Tree Committee.  Atty. Kimball said Hayes Engineering had drafted a new plan, and most of the new wall is within private property and not subjected to the SRB. Mr. Charville gave an overview of the situation, explaining that a stone wall had been replaced by a new, larger stone wall during construction of a new home. Atty. Kimball provided some photos. The old wall was 1 -2 fieldstones in height. Mr. Wills asked if the new wall was along the line of the layout; Atty. Kimball said it was, except for a few spots where it went over the line. Mr. Sheehan asked when the photos of the old wall were taken; they were from Google Earth 2012. Mr. Charville asked if there was any evidence that the dry stack wall was not in the right of way. Atty. Kimball said the original wall was not in the public way, and the new wall is only slightly in the public way. Mr. Sheehan asked if the old wall was not on a public way; Atty. Kimball said that was correct. Mr. Charville questioned whether large rock shown in photo was in the right of way. Photos that the Tree Committee has submitted to the Planning Board (PB) were brought forward. Atty. Kimball and Mr. Charville discussed the actual definition of a stone wall from Rules and Regulations, the intent of the homeowner, and the intent of the Scenic Road Bylaw. Mr. Charville noted that what took place was the tearing down of a stone wall. Atty. John Kimball asked if the existing structure actually counted as a stone wall. Mr. Charville asked whether the town engineer had been consulted. Atty. Kimball said the intent was only to overlap the old wall. Mr. Sheehan asked when the house was purchased (6 months ago), and when the bylaw was enacted (2016). Jane Bandini of 537 Essex St. and the Tree Committee said the old wall was definitely a wall as it had connected to the next home, and the intent of the bylaw is to maintain the look of the street. Mr. Charville asked Mr. Richter to look at the Hayes Engineering plan. Mr. Wills asked Mr. Richter if he agreed with this plan which shows the wall slightly over the line. Atty. Kimball stated that the majority of the wall is on private property, which the bylaw has no jurisdiction over, and that only “a handful of rocks were on public land”. Mr. Sheehan stated this seems like it was an error by the homeowner, and not done intentionally; therefore the PB should not request removal of the new wall. Atty. Kimball agreed, because restoration would be difficult to execute accurately within the exact line, and reiterated that no private property is subject to the SRB. Ms. Bandini suggested that trees that are only partly on a public way are completely owned by the town, and was told that is not true. Melanie Lovell, 68 Bourque Rd., (who is also a member of the ConCom) suggested Mr. Fodera build another stone wall elsewhere to compensate for the violation. Mr. Sheehan asked for clarification; Ms. Bandini suggested the same linear footage on Essex St. by Forest Hill Cemetery. Mr. Wills said the owner was responsible for notifying the town before undertaking work like this. Ms. Flaws said there was a clear violation, and asked Atty. Kimball what they would propose to resolve the matter; he replied that since it was a minor infraction there should be no restitution. Mr. Charville said a violation occurred because they did not file with the town engineer before starting work, and the fine was $300.00. Atty. Kimball agreed to this. Mr. Gromko noted that walls in New England deteriorate over time.  Mr. Sheehan stated that some fine should be paid even though it was a minor infraction and not a knowing violation. Mr. Wills moved to impose a fine of $300.00; Mr. Gromko seconded, and the motion was passed with a vote of 5 – 0. Atty. Kimball said they would not appeal the fine to the Board of Selectmen (BOS). 

 

  1. The stormwater management issue at Zepaj Lane was brought forward by Atty. Jason Kimball who met with the Conservation Commission the prior evening. He had requested a minor change to the Cease and Desist order so that the site could be safely secured. He stated that they were in compliance (other than securing the site), and requested to proceed with the subdivision approval process, and mentioned that the stormwater issues would be vetted multiple times during this process. Mr. Richter inquired how the 3 ANR lots which abut the subdivision and are under the stormwater bylaw could become part of the subdivision (which is exempt from the stormwater bylaw). Mr. Kimball stated that a final decision on that has not been made.

Mr. Charville asked Ms. Lovell if anything just discussed was inconsistent with what was discussed at the ConCom meeting last night; the answer was no. Mr. Kimball stated that their only purpose in appearing now was to update the PB of these developments.

Mr. Wills asked if the 2 foundations already installed on ANR lots were what needed to be secured, the answer was yes. Mr. Wills said securing foundations through the winter can be difficult and extra care should be taken.

 

  1. Atty. John Foley gave an update on Sagamore Place (1480 Main St., formerly Janet Way) and the long delay in completion. Present: Angus Bruce, Joseph Kerrissey, and Anya Turcheck. Mr. Charville asked what litigation remains. Atty. Foley said the final piece is an approval in land court and should be signed within a week. A closing should take place within 30 days. He presented a letter requesting a 2 year extension on the original application (which expired 11/30/2017) along with a $500.00 check. There was no discussion, and Mr. Wills moved to approve the extension; Mr. Sheehan seconded, and the motion was approved 5 – 0.

 

  1. Atty. John Kimball presented to the PB a plan with a minor modification to the original Sagamore Place plan (formerly Janet Way, formerly 1480 Main St.). The subdivision will now be augmented by the two ANR lots. The proposal calls for enlarging the retention system to accommodate the runoff from the 2 additional lots. The change only affects stormwater flow; there are no lot line changes. Because of this, only a minor modification is being requested.  Mr. Wills asked about Lot 21, which was identified as a separate approval process since it was an existing lot. All maintenance will be the responsibility of the Homeowner’s Association.  Mr. Richter asked if including the 2 lots in the covenant and the HOA would make them part of the subdivision. Atty. Jason Kimball said being part of the HOA means they are included in the subdivision.  Atty. John Kimball asked if this can be considered a minor modification. Mr. Charville asked what the difference between a minor and major modification is, and was informed that it is generally the discretion of the Board. Jason Kimball explained that the change includes moving the drainage of 2 lots and enlarging the catch basin to compensate for this. The lots will then be added to the HOA. Ms. Flaws asked Mr. Richter if he considered that a significant change. He said it is typically board discretion, but past “minor” modifications have not structurally changed the flow of water. Mr. Sheehan asked what a major modification would entail and was informed that the developers would have to reapply and go through the entire subdivision approval process again. Ms. Flaws asked for clarification on the plan and was told the land in question was an abutting parcel, the Bostik plant.

Angus Bruce reviewed back story on the development. Mr. Charville asked Mr. Richter if he sees any problems with the modification, such as prior waivers that had been granted, the answer was no. Mr. Charville asked what would be the next step if the PB decided this is a minor modification; Atty. John Kimball said final engineering plans would then be submitted next month. Mr. Charville asked Mrs. Heather Sievers, a former PB member who was in attendance, for her insights; she questioned whether the one ANR lot not being included in the modification would fall under the stormwater bylaw as part of a larger construction project. She was told it would be exempt because it is not connected to Janet Way. Mr. Richter informed that town counsel Atty. Thomas Mullen is hesitant to label this a minor modification.  Mr. Sheehan is concerned over possible litigation if town counsel is involved. Bruce stated that the modification is “just reverting the plan back to the plan that made sense before litigation” necessitated a change. Mr. Charville said the PB is not ready to vote yet as they need to consult Atty. Mullen, but that they can proceed in the meantime as if it will be a minor modification. Atty. Jason Kimball then noted that if it were to be a major modification, legal notices would need to be in the works by 1/8/2018. Mr. Charville said the PB will have a response prior to that date. 

 

  1. Mr. Charville discussed the Rail Trail, and the need for a PB liaison to the Recreational Path Committee.  Mr. Gromko is willing to serve. Mr. Sheehan moved to appoint him; Ms. Flaws seconded, and the motion was approved 5 – 0. Mr. Gromko noted it would be good to keep up with this committee so the PB can be prepared for what lies ahead.

 

 

  1. Discussion of Master Plan – Mr. Sheehan asked Ms. Sievers if she is willing to remain involved (yes). She explained the plan has been taken off Go Daddy and will eventually be added to the town website. This will happen after a new TA is appointed.

 

  1. Discussion of Market Street Advisory Committee – Mr. Charville attends the meetings. Current issues include: the replacements to the berm and Lahey construction noise levels. Lahey construction should be completed by summer of 2018. At the October meeting, the berm subcommittee expressed concern about the size and type of replacement trees. The location of a possible movie theater is still in question; National Development will not rush to get this on the agenda in time for the April town meeting.

 

  1. Discussion of the permanent PB staff position – Mr. Charville updated the new board members briefly and said there would be a fuller discussion at the January meeting so that the TA can be informed of upcoming budget needs. Mr. Wills asked for clarification on employing a Town Planner vs. a Planning and Land Use Assistant, and how many hours Ms. Randele had been scheduled. Ms. Sievers said she was a full time employee.  She also said that having a town planner would facilitate multi-town projects such as Camp Curtis Guild. Mr. Wills said it would also be helpful with the upcoming Sagamore Golf Course project. Ms. Flaws stated the benefits of being able to truly plan, and not just react to issues. The job description as it currently stands will be reviewed before the next meeting.

 

  1. Topics for next meeting to include:

 

  • PB staff position
  • ANR for 36 Alexandra Rd.
  • Zepaj stormwater and subdivision issues
  • Updated reference books including Rules and Regulations and Zoning By-Laws

 

  1. Approval of minutes from 11/29 and 12/11 meetings.  Mr. Wills verbally amended 11/29 minutes; Mr. Charville called for a motion to approve the minutes as amended. Mr. Wills motioned and Mr. Gromko seconded; motion carried 5 – 0.

 

 

Mr. Charville announced the next scheduled meeting is on Wednesday, January 31, 2018 in the Maney Meeting Room at 7:00 PM. It was motioned and seconded to adjourn at 9:12.

 

 

            Respectfully submitted,

 

 

Susan Lambe, Planning Office