Minutes

Meeting date: 
Wednesday, June 28, 2017

   

 

MINUTES

TOWN OF LYNNFIELD

                                               

                                                PLANNING BOARD  

 

Day/Date:                            WEDNESDAY June 28, 2017

 

Location:                             H. Joseph Maney Meeting Room, Town Hall 2nd floor

 

Time:                                   7:00 PM

 

 

All Members were present:  Heather Sievers, John Faria, Charles Wills, Michael Sheehan, and Brian Charville.

 

Each of the following items on the agenda were before the board for consideration. The board acted as follows:

 

 

  • Janet Way, Angus Bruce – Change street name to Sagamore Place.

 

      In a call for discussion by the Chairman, Heather Sievers, there was no objection to the change of name.

 

Thereupon it was moved by Faria and seconded by Wills to allow the name of the street to be changed to Sagamore Place. By unanimous vote of the board the name change was approved.

 

 

  • Pagos Way, Tom Pagos – request for an extension to complete the subdivision.   The time to complete the subdivision is June 30, 2017.

 

After a brief discussion regarding the amount of time to be afforded to complete the subdivision, it was Moved by Wills and seconded by Charville to extend the time to complete the subdivision up to and including June 30, 2018.  The Motion passed unanimously.

 

  • Godding Lane, Time to complete the subdivision expires June 30, 2017

 

This matter was briefly discussed by attorney Jason Kimball who indicated that no extension will be requested, and that there will be a later request to rescind the subdivision.

 

  • Board of Appeals Cases

 

  •  

#17-04 Tammi A. and Calogero D. Lograsso 9 Tapley Road, Attorney Timothy Doyle – New Plan submitted.  Request for a special permit/finding and set back and yard variances to construct a two story garage and master bedroom addition within the Buffer Zone.

 

Attorney Timothy Doyle the presentation on behalf of the owners of the property and he discussed the effect of section 9.2 of the Zoning Bylaws regarding non—conforming lots and the further findings that would be required pursuant to section 11.4 of the bylaws. There was also a brief discussion regarding the applicants request for a variance, and it was determined that no recommendation of the Planning Board was needed, nor was it requested.

 

Planning Board member, Charles Wills indicated that the law was probably zoned RB at some time in the past which would explain the area and set back dimensions shown on the plan.

 

Upon further discussion by the Board Members there was a consensus that there was no objection as to the wetlands of her issue, and that the board would not exercised any authority regarding the proposed variance being sought by the Petitioner.

 

Upon motion by Charville, seconded by Wills, it was unanimously voted that the Planning Board has no objection as to the Wetlands Issue presented in the petition.

 

 #17-11 Norman W. and Erin Conway Winsor, 7 Crescent Avenue, Attorney Jay Kimball  - request for a special permit/finding under sections 9.2 and 11.4 to raze the existing dwelling and construct a new dwelling

 

Attorney Jason Kimball made a presentation on behalf of the petitioners explaining the application of sections 9.2 and 11.4 of the towns Zoning Bylaw. Additionally, Attorney Kimball indicated that the present structure will be removed and replaced by totally new construction that will avoid some of the apparent incursions onto adjacent ways.

 

In Discussions by the board it appeared that there was no apparent detriment to allowing the removal of the present structure and that there may indeed be definite advantages to the petitioner, to the abutters, and potentially the town.

 

Upon Motion by Faria seconded by Charville, it was unanimously voted to recommend the special permit to raise the existing dwelling and construct a new dwelling.

 

 

#17-12 Geri Scoppettulo, 272 Pillings Pond Road, Attorney Jay Kimball - request for a special permit/finding under sections 9.2. and 11.4 to raze the existing dwelling and construct a new dwelling.

 

A presentation was made on behalf of the petitioners by Attorney Jason Kimball.   The issues were similar as to the prior two requests.  In this matter, the existing house and detached garage were to be removed.  Attorney Kimball demonstrated that the proposed house and built-in garage would provide a smaller footprint on the lot

 

It was moved by Wills and seconded by Sheehan that the Planning Board report that it has no objection to the special permit.  The Motion passed unanimously.

 

 

#17-13 Mark Mazzone, 27 Robin Road, Attorney Jay Kimball – request for a special permit/finding under sections 9.2. and 11.4 to raze the existing dwelling and construct a new dwelling

 

 

The issues presented in this matter were substantially identical to the other matters before the Board this evening.   The existing dwelling is to be raised and replaced by a new house.  Attorney Kimball referenced  Gale v. Board of Appeals of Gloucester, 80 Mass App. Ct. 331 (2011) as controlling the issue.  There was no further discussion by the Board.  On Motion of Wills seconded by Charville, unanimously voted that there was no objection to the Petition.

 

 

 

 

  • Master Plan - Progress Update

 

Sievers made a brief presentation and discussed the positive response to the Volunteer Fair.

 

  • Market Street Advisory Committee, Update by Brian Charville

 

Charville discussed the concerns voicec by various members of the Committee, the foremost being the potential development of a theater on the property.  Other issues were noise related, especially during snow removal, the status of the Berm and its shrubbery, and Building 1350.

 

  • Zoning Bylaws – Discussion

 

Members expressed concerns that the recodification may involve more than a recodification

Atty.  Bobrowski will be called on to explain his work.  The concept of review by local atorneys was addressed with concerns about excluding the public from the process.

 

Alan Dresios reports that the Zoning bylaw on the website is incorrect or incomplete.  Faria will follow up.

 

 

  • Rules and RegulationsDiscussion

 

No discussion

 

 

  • Zoning Map – Progress Update

 

No discussion

 

 

 

Propose items for next meeting

 

Special Employee status afforded to members. 

 

By letter to the Town Clerk from Denise Nagata, Esq. Staff Counsel of the State Ethics Commission dated January 8, 1990, the Planning Board was reported to have “Special Employee” status along with the Moderator, the Constables, the Assessors, and the Board of Health.

 

The issue may be further discussed at the next regular meeting.

 

The Meeting was adjourned by unanimous vote at 9:06 p.m.