Minutes

LYNNFIELD PLANNING BOARD MEETING February 28, 2018
A meeting of the Planning Board was held on Wednesday, February 28, 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 and announced it was being recorded.
• Windsor Estates – Board of Appeals Case #18-04
Atty. Donald Conn introduced engineer Peter Blaisdell and developers Gregg and Gina
Monastiero. Mr. Blaisdell detailed the proposal. The modification being requested seeks
to move a driveway so it is not crossing the septic system. Mr. Wills questioned whether
the trenches shown on the revised plan were “just a swap”; Mr. Monastiero answered yes.
Chairman Charville asked what section of the Subdivision Rules and Regulations the
modification refers to, or whether it is just “a site plan tweak”. Atty. Conn answered yes.
Chairman Charville asked if there was any change in size; Mr. Monastiero answered no.
Finding no questions from the Planning Board (PB) members or the audience, Chairman
Charville called for a motion to recommend approval of the plan to the Zoning Board.
Mr. Wills made the motion and Mr. Gromko seconded it; the motion carried 5 – 0. Mr.
Wills mentioned the difficulty in reading handwritten applications, and Chairman
Charville requested future applications be typewritten.
• 10 Bancroft St. - Board of Appeals Case # 18-05
Architect Chris Clocher detailed the plan. Representative of the owner, Fred Dupuis, said
the lot was non-conforming: setback is 29.6’ vs. the required 30’, and frontage is 100’ vs.
the required 110’. Mr. Wills noted that those measurements were actually conforming at
the time the home was built, and the PB has been tolerant of similar issues in the past.
Chairman Charville asked if there was any opposition from neighbors who had not
written in support of the project; the answer was no. Chairman Charville asked Mr. Wills
when 13.2 had changed (tape is inaudible here)
Finding no questions from the PB or the audience, Chairman Charville requested a
motion to approve/endorse the permit. Mr. Wills made the motion, and Ms. Flaws
seconded it. The motion carried 5 – 0.
• Violet Circle
Property owner Marco Tammaro requested an extension of time to complete the
subdivision. Chairman Charville asked if work was underway; Mr. Tammaro answered
yes. Ms. Flaws asked if groundcover would be installed to prevent erosion; Mr. Tammaro
said he was using fences and would be meeting with the Conservation Commission as
work continues. Chairman Charville asked for a motion to approve the request. Mr. Wills
made the motion; it was seconded by Mr. Sheehan. The motion carried 5 – 0.
At 7:15 PM, Chairman Charville announced the continuation of the Public Hearing for
Sagamore Place.
• Continued Public Hearing - Sagamore Place (formerly Janet
Way)
Atty. Jay Kimball requested a further continuation until after warrant articles had been
voted upon at town meeting. Chairman Charville motioned to extend the public hearing
until May 30, 2018. The motion was seconded by Mr. Sheehan, and was carried 5 – 0.
• Warrant Articles for April 2018 Town Meeting
Chairman Charville announced the submission of 2 warrant articles by the PB relating to
the recreational use of marijuana. He asked that they be approved and added to the
recodification. Chairman Charville asked if the PB had questions regarding Sections 6.6
(forbidding marijuana establishments) and 6.7 (a temporary moratorium of marijuana
establishments); Mr. Wills asked to review the articles. Chairman Charville requested a
motion to include the articles. Mr. Sheehan made the motion; Mr. Wills seconded it, and
the motion carried 5 – 0. Chairman Charville will forward a summary of the warrant
articles for town meeting to all PB members for their review; the deadline for submitting
articles to Bob Curtin is March 19th.
• Updated Reference Books
PB clerk Susan Lambe informed the PB that the revised Subdivision Rules and
Regulations can be viewed on the town website and distributed instructions for locating
them. They will now be added to the PB page on the website. Hard copies of the Rules
and Regs will be distributed to PB members and kept in the Planning Office, but will no
longer be offered for sale as they are available online.
Chairman Charville announced that the recodified Zoning Bylaws had been returned from
the Attorney General with only a few minor changes. He will submit a final version,
including Section 9.5 (P.V.D.D.), to the Town Clerk for posting.
At 7:30 PM, Chairman Charville motioned to reopen the Public Hearing for Zepaj Lane.
Mr. Wills seconded; the motion carried 5 – 0.
• Continued Public Hearing – Zepaj Lane (Broadway/Green
Street)
Atty. Kimball announced the HOA trust had been sent to Atty. Mullen for review. John
Ogren of Hayes Engineering presented the revised definitive plan, including a plan
showing where 7 large caliper trees had been removed. Chairman Charville asked what
the new plan for additional trees consisted of. Mr. Ogren answered that 4 additional trees
and a fence were added. Chairman Charville asked if that equaled a total of 31 trees, and
what caliper would they be. Mr. Ogren answered yes, and 3 – 4 inch caliper. Chairman
Charville asked if the new plan included the varied electric lines; Mr. Ogren said they had
been added to the plan. Chairman Charville asked if the catch basins flowed to Rte. 128;
the answer was yes. Mr. Ogren presented ideas to ease the traffic flow at Broadway and
Green Street, specifically, curbing that would allow a greater turning radius. Mr. Sheehan
asked if this curbing was actually being installed; Mr. Ogren answered no, that it was one
possible solution to the traffic flow issue. Mr. Ogren stated that the estimated vehicle trips
from the new subdivision were 68 daily. Mr. Gromko asked what types of trees were
being used; the answer was deciduous trees from the recommended town list. Mr.
Gromko commented that evergreen trees could provide better screening. Chairman
Charville asked whether the newly installed fence was permanent; the answer was yes.
Mr. Gromko asked if the additional drainage addressed the unresolved drainage issue; the
answer was yes. Mr. Wills questioned whether the illegal parking issue had been
addressed. Atty. Kimball said Lanzillo said he would reinstall safety fencing. Chairman
Charville asked Mr. Lanzillo about progress on the ANR lots and was told there was none
due to a stop work order. Mr. Wills said the stop work order was issued by the
Conservation Commission (CC). Atty. Kimball asked if construction could begin on the
ANR lots; Mr. Wills said he had no objection if it was fine with the CC. Mr. Sheehan
asked if they would go back to the CC for permission; Atty. Kimball answered yes. Town
engineer Charlie Richter said that 3 of the lots are subject to the stor this would be
pursued pending approval. Chairman Charville asked Mr. Wills if he thought the site had
been safely secured. Mr. Wills said the foundations had not been capped off so there is
still a safety concern; however, the capping is not an actual requirement. Developer Frank
mwater bylaw, and this is a reason for the cease and desist order. He said Lot B would
require an easement. Chairman Charville asked about the timing for this and Mr. Richter
said a few weeks would be needed since he had only gotten the plans that day. Chairman
Charville directed Atty. Kimball to request the withdrawal of the Cease and Desist for the
2 ANR lots from the CC as the PB does not have jurisdiction over it. Chairman Charville
asked to be shown where on the plan the 4 additional trees had been placed, and Mr.
Wills asked if they had been positioned to help with screening. Mr. Ogren answered yes,
at the lot lines. Resident Danielle Berdahn presented new photos showing the extent of
the tree removal. Chairman Charville asked Atty. Kimball to facilitate contact with
residents on the trees issue. Atty. Kimball agreed to be the contact to come up with a plan
for trees that is agreeable to all parties. Resident Greg Osborn requested a concrete plan.
He felt that strides had been made, but stated the fence was inadequate and more than 7
trees had been removed. Mr. Wills noted that on lots of this size (15,000 sq. ft.), most of
the trees and brush usually had to be removed to allow for construction. Mr. Osborn
agreed, but still requested a buffer to obscure the Holiday Inn. Mr. Lanzillo stated they
would definitely add trees. Chairman Charville requested to see a plan for this at the 3/28
PB meeting. Atty. Kimball requested a continuance of the hearing until 3/28. Chairman
Charville requested a motioned to continue the hearing on 3/28. It was made by Ms.
Flaws and seconded by Mr. Gromko; the motion carried 5 – 0. Mr. Sheehan motioned to
allow the applicant to extend the time for approval until 5/31. Ms. Flaws seconded; the
motion carried 5 – 0. Mr. Gromko offered to attend the meeting to facilitate the new tree
plan; Atty. Kimball agreed.
• Scenic Roads Bylaw
Ms. Jane Bandini gave an overview of the Scenic Roads Bylaw (SRB) and said it
was originally created to comply with Ch. 87. Chairman Charville asked what
specific areas of the affected streets the bylaw applied to, and Ms. Bandini
answered “the whole road”. Chairman Charville asked about the right-of-way
issue; Ms. Bandini replied “they still have to come to the Planning Board” for
matters on the 5 affected streets. Mr. Sheehan asked if the SRB serves the town or
the property owners, and what recourse the town has if the bylaw is not followed.
Ms. Bandini said the onus is on the PB to see that the SRB is complied with. Mr.
Sheehan asked how the PB could determine if a tree or stone wall was actually in
a public right of way vs. on private property. Ms. Bandini said that usually a
neighbor reports issues. Mr. Wills reported that he had met with the building
inspector to determine if he could advise owners seeking building permits of the
SRB; the answer was no. He then suggested sending a notice to all residents with
their tax bills. Mr. Wills read a suggested email for informing all taxpayers of the
the SRB. Ms. Bandini said she had discussed this with the BOS. Ms. Flaws asked
whether the recent case involving a stone wall on Essex. St. was due to the wall
being partly on a public right of way and partly on public property. Mr. Gromko
asked who was responsible for maintaining walls that are located on both types of
land. Ms. Bandini said the town was not responsible for maintaining them.
Chairman Charville asked Ms. Bandini if any changes should be made to the
SRB. Ms. Bandini said that the PB had the authority to determine what recourse
violators of the SRB would be subject to. Mr. Sheehan commented on the high
cost of demolishing and rebuilding stone walls. Chairman Charville asked if any
type of public funding for walls existed; Ms. Bandini answered no. Chairman
Charville stated he agreed with the idea of continuity of existing stone walls.
Chairman Charville asked for a motion to request a SRB mailing from the town
clerk that would add the word “driveways” to Mr. Will’s suggested notice to
taxpayers. Chairman Charville motioned that a request be made of the town clerk
and tax assessor for a SRB mailing. Mr. Sheehan seconded it, and the motion
carried 5 - 0. Ms. Bandini asked if the police should be informed of SRB
violations; the answer was no as it is a civil, not a criminal, matter. Chairman
Charville said the building inspector should be notified of violations. Mr. Wills
suggested leaving copies of the proposed mailing at the building inspectors
counter. Ms. Bandini noted the need to schedule mailings in advance of tax
statement mailings. Chairman Charville asked Ms. Lambe to notify the town
clerk about the intended mailing.
• Master Plan Update
Mr. Sheehan stated that Heather Sievers was scheduled to meet with Town
Administrator Rob Dolan about the Master Plan (MP) on Monday, 3/5. Mr.
Sheehan and Ms. Flaws would also attend the meeting. Chairman Charville said
he will be issuing an invitation to Mr. Dolan to attend a future PB meeting.
• Recreational Path Committee Update
Mr. Gromko said that 19 potential corridors in 4 towns were being reviewed. The
best potential corridor for Lynnfield, L-8, begins in Wakefield and extends
through Lynnfield into Peabody. Mr. Gromko said the greatest concern residents
have is funding the project, but there funds available from the Clean Air Act. Mr.
Sheehan asked if grants were being applied for by the committee. Mr. Gromko
answered not as of yet, but funds for Lynnfield were not in jeopardy. Mr. Gromko
informed that the next step in the process will be a hearing with the Department of
Transportation in May. He also said the Recreational Path Committee would
welcome the chance to meet with the PB.
• Approval of Minutes
Minutes from two prior meetings were reviewed. Mr. Sheehan requested a motion
to approve the 1/31/2018 minutes as distributed. Mr. Wills seconded it, and the
motion carried 5 - 0. Mr. Sheehan also requested approval of the 11/28/2017
minutes. Mr. Wills seconded it, and the motion carried 4 - 0, with Ms. Flaws
abstaining.
• Topics for Next Meeting
1. Continued Public Hearing for Zepaj Lane
2. Perley Burrill Subdivision
3. Discussion of Warrant Articles for April town meeting
4. Updated Reference Books including Subdivision Rules and Regulations, and
Zoning Bylaws.
5. Discussion of Annual Report to town meeting
6. Update on notice of SRB to taxpayers
7. Master Plan Update
Chairman Charville motioned to adjourn the meeting at 9:27 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, March 28,
2018 in the Maney Meeting Room at 7:00 PM.
Respectfully submitted,
Susan Lambe, Planning Office