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Minutes

Meeting date: 
Wednesday, January 31, 2018

 

 

 

LYNNFIELD PLANNING BOARD MEETING January 31, 2018

 

A meeting of the Planning Board was held on Wednesday, January 31, 2018 at 7:00 in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Katherine Flaws, Michael Sheehan, Charlie Wills, and Scott Gromko. Chairman Brian Charville called the meeting to order at 7:00 PM.

 

  1. Updated Reference Books

Chairman Charville discussed the need to have updated binders for new members of the Planning Board (PB), including Rules & Regulations for Subdivisions and Zoning Bylaws. He requested PB Clerk to compile a list of needed content, and Mr. Wills to share ideas for this. Chairman Charville will forward Ms. Lambe the list suggested by Mr. Wills.

 

  1. Master Plan Update

Mr. Sheehan reported no new updates and that Ms. Heather Sievers will continue to assist with this. Ms. Sievers said they are in need of additional members on the Master Plan Subcommittee (MPSC). Ms. Flaws expressed interest in joining. Chairman Charville requested a motion to appoint her to the MPSC; Mr. Wills made the motion and Mr. Sheehan seconded it. The motion carried with a vote of 5 – 0.

 

  1. 16 Essex Street

Attorney Jay Kimball appeared on behalf of Julie Tsakirgis to obtain release of the 2009 subdivision plan and HOA trust for the now rescinded subdivision at 16 Essex St. No development has been done, and all approvals have been revoked. The PB granted the

subdivider’s request to rescind the approved subdivision more than a year ago. Atty. Kimball is requesting a release from this covenant and the revoking of the Homeowners Association Trust. Chairman Charville moved to authorize the PB to terminate the HOA trust and the Declaration of Protective Covenants, and to release Form G (Conditional Approval Contract) with respect to the rescinded subdivision Georgie’s Way at 16 Essex St; Mr. Gromko seconded the motion and it carried 5 – 0. Three members of the PB (the

number required) then signed for Mr. Kimball the two approved documents.

                                 

                             

  1. 1 Wing Road  

A more comprehensive site plan for the razing and reconstruction of the dwelling at 1 Wing Rd. was requested by the ZBA under the Groundwater Protection Act. Atty. Kimball appeared to review this more precise plan. Chairman Charville noted that in a letter dated 10/2/2017 to the ZBA, the PB found “no objections” to the original plan presented at their meeting on 9/27/2017. Michael Laham of Morin-Cameron Engineering presented the revised plan, which included increasing the size of the groundwater runoff system, and the landscaping plan. Chairman Charville asked about the volume change of the new runoff system, and was told it has tripled from a 1000 gallon drywell to a 3000 gallon size. Ms. Flaws asked about runoff from the new, larger patio, and was told that it would flow into landscape areas. Finding no questions from the audience, Chairman Charville requested a motion that the PB vote no objection to the new plan; Mr. Wills made the motion and Mr. Sheehan seconded it. The motion carried with a vote of 5 – 0.

 

Chairman Charville convened the 7:15 public hearing regarding Sagamore Place, and informed the audience the meeting was being recorded. Mr. Gromko motioned to open the public hearing, Chairman Charville seconded the motion. The motion carried 5 – 0.

 

  1.  Public Hearing - Sagamore Place (formerly Janet Way)

Chairman Charville requested the reading of the ad for the public hearing, Ms. Lambe began the reading and Mr. Wills moved to dispense with reading the entire ad. Mr. Sheehan seconded the motion; it carried 5 – 0.

Atty. Kimball reviewed the history of this subdivision, and Peter Ogren of Hayes Engineering reviewed the original definitive plan, as well as the modifications to it. The HOA will maintain drainage for all the lots. Atty. Kimball noted that the same release forms will be needed here as were completed for 16 Essex St. earlier in the meeting. Chairman Charville asked about shaded lines on the plan, Mr. Ogren identified them as watershed lines. Chairman Charville questioned whether the revised hydraulic calculations included all the lots, even the ANR lots, and was told they did not by Mr. Ogren. Chairman Charville called on Town Engineer Charlie Richter to comment on the new plan. Mr. Richter informed the PB that he has sent an email advising of the following, still needed information: grading detail, new subdivision sheets, and a redone topographic plan of the original subdivision. Chairman Charville asked the date of Mr. Richter’s outreach to the applicant, and Mr. Richter said it was 1/19. He has not

received any reply from them. Mr. Ogren said he had not added these items yet as he is waiting to see whether the PB is willing to add the modifications to the subdivision. Chairman Charville asked for questions from the audience; there were none.

Chairman Charville and Atty. Kimball discussed the “as is apt” wording of the subdivision-modification statute as it pertains to Form G and the subdivision form in this matter. Mr. Ogren stated the modification to the basin should also be in the revised plan. Chairman Charville asked whether it is appropriate to include a modified topographic plan. Property owner William Angus Bruce informed all that he had not yet recorded any plan in land court. Chairman Charville asked the PB if they would approve the modification at this meeting. Mr. Wills said yes, the 2 lots should be added into the plan. Mr. Sheehan agreed, but wanted to be sure that all of Mr. Richter’s expectations were met. Chairman Charville asked whether it would be preferable to continue the public hearing to the next PB meeting when all documents were in place, including revised

Definitive Plan pages for approval, or to vote on the approval now. Mr. Ogren asked Mr. Richter if any of his stated needs would be “insurmountable”; Mr. Richter answered no. Mr. Ogren informed all that the lender wanted to hear of the approval of the PB before making any dispersements. Chairman Charville stated it was premature to vote on a modified subdivision plan without the new plan pages to review. Mr. Sheehan asked if it was possible to vote with specific conditions in place. Mr. Wills asked whether the PB could vote to add the 2 ANR lots subject to Mr. Richter’s approval of the new plan when it is complete. Mr. Bruce said a “conditional vote” should suffice. Chairman Charville stated the conditions would include administrative approval and the signing of the new, mylar plan. Atty. Kimball said the only significant change will be enlarging the retention area of the subdivision. Chairman Charville noted it was helpful that Mr. Bruce had not yet recorded the plan in land court. Mr. Bruce said it made sense to add the 2 existing homes to the HOA. Chairman Charville stated the conditions to be met are: approval by Mr. Richter of the revised drawings and hydraulic calculations, and approval by the PB of all related documents. Mr. Wills suggested approving the concept of adding the 2 existing lots to the subdivision, subject to the conditions being met. Atty. Kimball stated that the 20 day appeal period starts when action is taken, not at the actual signing. Mr. Wills then moved to approve the concept of adding the 2 existing lots to the subdivision, Mr. Sheehan seconded the motion, and it was carried 5 – 0.

Chairman Charville made the motion to continue this public hearing to the next PB meeting, February 28, 2018, at 7:15 p.m. Mr. Wills seconded the motion and it was carried 5 – 0. At the continued public hearing the PB will receive an update regarding the applicant’s feedback to Mr. Richter and the revised Definitive Plan pages, for approval.

 

Chairman Charville announced it was just before 8:00 PM and the continued public hearing on Zepaj Lane was next on the agenda.

 

  1. Continued Public Hearing – Zepaj Lane (Broadway/Green Street)

Atty. Kimball stated he would review the issues that have been raised in the plan. Resident Patricia Campbell inquired as to when the Sagamore Golf Course hearing would begin, Chairman Charville answered as soon as the Zepaj Lane hearing is complete. Chairman Charville motioned to reopen the hearing. Mr. Sheehan seconded the motion, and it was carried 5 – 0. Mr. John Ogren of Hayes Engineering said that he had met with the town engineer to review their comments on the proposed definitive plan, and cited the following details that he would like input from the PB on:

  • the request for a sidewalk waiver to have sidewalk on only 1 side of street
  • the requested traffic study for the additional 9 homes
  • the need for cul-de-sac approval since the dead end is shorter than 500 feet
  • the request to use existing utility poles on Green St. for utilities to the 3 ANR lots; the rest of the subdivision will have underground utilities

Chairman Charville asked for an update on the Holiday Inn parking lot encroachment issue. Atty. Kimball responded that since the lot is paved, the easement allows for neighbors to park there, but that he will approach the Holiday Inn about this when they have clear direction from the PB about the issue. Atty. Kimball stated the Rte. 1 frontage on Lot 4 is sufficient, but 26 feet of it is not part of the easement. They must determine if that easement creates illusory access to the lot. A review by Atty. Bobrowski states that if nominal frontage still provides adequate police and fire access, it is acceptable. Chairman Charville asked Mr. Richter to comment on the details of the plan previously mentioned; he stated:

  • sidewalk waiver; DPW has requested sidewalk for both sides of the street
  • traffic study; more detail is needed about the problematic Green St. and Rte. 1 merge
  • cul-de-sac; the shorter, 419 foot length is acceptable
  • utility services; underground utilities are preferred, but this will depend on whether the 3 ANR lots become part of the subdivision

Chairman Charville asked for questions from the audience. Danielle Berdahn of Green St. asked for an update on the replacement of trees that have been cut down, and shared photos with the PB. She stated that the drastic tree removal had completely changed the character of the neighborhood. Mr. Ogren said the site plans shows there were very few existing, large trees there. He also said the Rules and Regulations for Subdivisions requires 3 street trees per lot, and they plan to ask the DPW for help with the placement of these. Mr. Ogren said a total of 27 new trees will be planted. Chairman Charville said he is aware that not every existing tree on the plan was removed, yet 27 street trees seemed insufficient replacement. Chairman Charville asked how far the applicant was willing to go with the new trees, specifically how big the applicant is willing to go with the size of new trees to be planted. Mr. Ogren answered, “a 3” caliper”. Chairman Charville informed all that this issue will be key in determining final approval for the project. Atty. Kimball said the requirement is 3” trees, and they would use more appropriate, non-deciduous trees to provide 12-month screening. Chairman Charville said that going beyond the minimum requirement in size and number of trees would go a long way with the PB and the neighbors. Chairman Charville asked Atty. Kimball if all had agreed “on the date the proposed definitive plan came in, so we’re minding the clock”; a stamp showed it to be September 27th. Atty. Kimball requested an additional month until the PB takes action, it was decided that an additional 45 days was the best course. Chairman Charville moved to extend the time for completion of the public hearing until 3/31/2018; the motion was seconded by Mr. Sheehan and carried 5 – 0. Chairman Charville asked for any more comments on Zepaj Lane. Cheryl McGrath of 617 Broadway then shared photos of tree removal areas as viewed from her home. Atty. Kimball stated the petitioners would address the tree replacement issue and submit a proposal next month, and, also suggested that PB members view the area to see where trees had been cut down.  Chairman Charville requested the proposal be sent to the planning office as a pdf in advance of the February meeting so it can be reviewed as soon as possible.

Chairman Charville summarized the PB’s feedback on the issues in question:

  • sidewalk waiver, PB disagrees with this and requires both sidewalks. Mr. Wills asked for information about what comparable streets the PB has agreed to a sidewalk waiver for in the past. Chairman Charville stated there is consensus that the sidewalk request will not be waived.
  • traffic study, per Mr. Richter, a study the intersection is needed. Mr. Gromko questioned the given calculation that stated the subdivision would generate 7 car trips in the AM and 9 car trips in the afternoon. Atty. Kimball said this calculation reflected peak hours only, and that 86 total car trips per day were expected for the nine 4-bedroom homes. It was agreed to waive the traffic study. Chairman Charville asked if Mr. Ogren could analyze the Green St. intersection; Atty. Kimball answered yes, and Ms. Flaws agreed that this should be done.
  • cul-de-sac waiver; PB agrees that the shorter, 419-foot length is acceptable.
  • utility services; PB prefers all utilities, including the Green St. ANR lots, to be underground. Mr. Ogren said they had submitted this plan to Peabody Light, who had also shown the utilities beginning on overhead poles, and then going underground. Atty. Kimball stated that all homes on Green St. have above ground utilities and the 3 ANR lots should be consistent with the rest of the street. Mr. Wills said that Smith Farm Trail utilities are similar to this and it is acceptable. Atty. Kimball said perhaps the requirement could be waived for 2 of the 3 lots while keeping utilities “underground as much as possible”. Chairman Charville asked the PB if they were amenable to 2 lots having above ground utilities while keeping as much as possible underground. The PB agreed.
  • Chairman Charville said he had no objection to the request regarding the frontage requirement and the practical access from Broadway.
  • Atty. Kimball requested a continuation of the public hearing. Chairman Charville moved to continue the public hearing until 2/28/2018 at 7:30 PM, Ms. Flaws seconded the motion and it carried 5 – 0.

 

  1. Sagamore Spring Golf Course, 1287 Main St.

    

            Atty. Ted Regnante appeared on behalf of the property owners and the developer to present the proposed rezoning of the golf course to allow for the construction of 154 Elderly Housing units. He introduced Mr. Richard Luff who represented the owners of the golf course, Mr. Ron Bonvie of Bonvie Homes, the developer of the property, Torrey Spilman of Bonvie Homes, Peter Ogren of Hayes Engineering, and Richard Tisei of Northrup Realtors, marketing director and broker for the project. Atty. Regnante presented an overview of the proposed plan, which will come before Town Meeting on April 30, 2018. The plan proposes to rezone 105 acres on the east side of the golf course from RD to Elderly Housing (EH) for the purpose of constructing 154 dwellings for senior (over 55) housing. The 18 hole golf course will remain intact. The plan will involve 3 separate Zoning Articles:

  • rezoning the 105-acre area from RD to EH
  • allowing the golf course as a permitted use in an EH district, including a clubhouse and a maintenance building
  • increasing the maximum number of units in an EH district from 136 to 154

Atty. Regnante requested the PB to support these articles at town meeting. They appeared before the Board of Selectmen (BOS) on Monday, and will also be meeting with the Finance Committee, the Conservation Commission, and the Fire Department to review the proposed plan and garner their support. A presentation is also being held for abutters this Saturday, February 3rd at 11:00 AM at Gaslight at Market Street. Atty. Regnante said the gross tax revenue increase from the project will be $1.863 million per year. The units themselves will be 2 Bedrooms ranging in size from 2400 – 3000 square feet, and will be built as duplexes, triplexes, and quads. Multiple amenities will be offered.

Mr. Bonvie reviewed his credentials and the lengthy list of successful, similar projects he has developed. He said Mr. Luff had sought his help in developing the property as 55+ housing site vs. the existing 80+ units of single family homes that it is zoned for/were planned. Chairman Charville asked how it was possible to legally discriminate against housing buyers who are under age 55. Mr. Bonvie explained that HOPA guidelines allow “for 80 qualified occupants, 1 member must be age 55 or older, and all others must be over 18”. Mr. Ogren stated the density will be 1.5 units per acre of land. Mr. Tisei cited the need for senior housing in town, and the fact that Lynnfield is losing residents due to the lack of it. Mr. Luff said his family has owned the golf course since 1929 and have considered many options for the land. Keeping the golf course intact is a priority. They feel that the plan Mr. Bonvie has developed is the best possible option for his family, residents of the town, and patrons of the gold course.

Atty. Regnante then asked the PB for questions. Mr. Wills asked if the age for elderly housing in Lynnfield was still 60+. The answer was that it is now 55+. Mr. Wills asked if water would be sourced from the Lynnfield Center Water district, and was told that is currently being investigated. Mr. Wills asked if there were plans to develop the west side of the golf course and was told no, not at this time. He also asked where the Bonvie Homes development in Winchester was located, and Mr. Bonvie told him Thornbury Rd. Mr. Wills asked Mr. Luff if he currently had preferred assessment for the property, and was told yes, it was classified as 61B, a recreational property. Atty. Regnante said there would be a rollback process regarding assessment if the property is rezoned. Mr. Wills asked if the density of 1.5 units per acre included wetlands and the golf course and was told that it did. Ms. Flaws asked if there is any data on the actual demand for over 55 housing in Lynnfield, and if this is the town’s most pressing need. Mr. Tisei said there are many residents in town waiting for appropriate housing, and that he could provide any needed data. Ms. Flaws asked if any other services, such as transportation, were planned for these residents as they age. She was told that “aging in place” is part of the design of the units. Ms. Flaws asked about the traffic impact of increasing the allowed units to 154 from 136, especially at the intersection of Lowell and Main Streets. The answer was that Hayes Engineering is conducting a traffic assessment to collect the data for this. Atty. Regnante asked if the 3 warrant articles would use the new recodification numbers from the Zoning Bylaws, and was told the Attorney General (AG) approval is still pending with a 2/15 deadline. Chairman Charville said that he had been told that AG approval was actually not required before the recodified Bylaw would be in

effect, and the new codification numbers could be used.

Chairman Charville asked for questions from the audience. Resident Ed Minor said he is having difficulty finding housing of this type in the area, and asked if residents will be given a preference of purchasing units. Mr. Bonvie answered residents would have a 90 day period to purchase before units are available to others, and added that this opportunity would not include pricing, only exclusivity. Atty. Larry Curran, appearing on behalf of resident and abutter Eric Curran, reviewed multiple concerns:

  • Selling 154 single family homes in Lynnfield (so residents can move to 55+ units) will create an influx of school age children
  • 308 cars in the new development will greatly increase traffic at the Lowell and Main St. intersection
  • The water supply in this area is predominantly wells; what impact will the development have on existing water supply?

Eric Curran asked if the discrimination policy (55+) still applied when units are re-sold, and was answered yes. Mr. Bonvie stated that the influx of school students would occur regardless of where aging residents relocate, and the tax burden of this would be greatly offset by the increased tax revenue from having residents stay in Lynnfield. Resident Patricia Campbell said the PB should check the results of their survey which states what kind of housing residents are interested in. She asked when the units would be built and was told it may take up to 2 years to gain all needed approvals for the project. Mrs. Campbell then stated that this development does not meet the needs of many people who wish to stay in Lynnfield as the price per unit of $700 - $900 thousand is too high. She asked what the expected condo fee would be and if that includes taxes; Mr. Bonvie’s answers were $400 - $500 and no. Mrs. Campbell said she has many concerns about this project and the PB’s master plan survey results should be reexamined. Chairman Charville asked for additional questions; there were none.

 

  1. Approval of Minutes

 

Minutes from five prior meetings were reviewed. Chairman Charville requested a motion to approve the December 27th minutes as distributed.

  • 12/27/2017, Mr. Wills moved to approve the minutes, and Mr. Sheehan seconded the motion. The motion carried 4 – 0 with Mr. Gromko abstaining as he did not attend the meeting. Ms. Flaws questioned the wording on #4, but it was decided to leave it as is. Chairman Charville added that Ms. Bandini will attend the 2/28/2018 PB meeting to discuss the Scenic Road Bylaw.
  • 12/11/2017, Mr. Wills moved to approve the minutes, and Mr. Gromko seconded the motion. The motion carried 5 – 0.
  • 10/25/2017, Chairman Charville noted that Mr. Gromko and Ms. Flaws were not PB members on this date and may abstain. Chairman Charville moved to approve the minutes, and Mr. Sheehan seconded the motion. The motion carried 3 – 0, with Mr. Gromko and Ms. Flaws abstaining.
  • 10/5/2017, Mr. Sheehan moved to approve the minutes, and Mr. Wills seconded the motion. The motion carried 3 – 0 with Mr. Gromko and Ms. Flaws abstaining.
  • 8/30/2017, Mr. Sheehan moved to approve the minutes, and Chairman Charville seconded the motion. The motion carried 2 – 0 with Mr. Wills, Mr. Gromko and Ms. Flaws abstaining.

 

  1. Topics for the Planning Board’s next meeting to include:

 

  • Scenic Road Bylaw discussion with Jane Bandini and Charlie Richter
  • Sagamore Place continued Public Hearing to review modifications to plan
  • Zepaj Lane continued Public Hearing to review modifications and tree replacement proposal
  • Violet Circle Subdivision Plan extension request
  • April town meeting warrants
  • Recreation Path Committee update………………………….…. Mr. Gromko
  • Master Plan update………………………….………………..… Ms. Sievers

-Approval of minutes from 1/31/18 meeting

 

 

            Additionally, Ms. Sievers will send info on the upcoming Citizen Planner Training Collaborative seminar at Holy Cross to all PB members, and Ms. Flaws will forward data about 55+ housing.

 

Mr. Wills motioned to adjourn the meeting at 10:22 PM, and Mr. Sheehan seconded the motion. The vote to adjourn carried 5 – 0.

 

The next scheduled meeting of the Planning Board is on Wednesday, February 28, 2018 in the Maney Meeting Room at 7:00 PM.

 

 

            Respectfully submitted,

 

 

Susan Lambe, Planning Office