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Minutes

Meeting date: 
Wednesday, March 28, 2018

LYNNFIELD PLANNING BOARD MEETING March 28, 2018

 

A meeting of the Planning Board was held on Wednesday, March 28, 2018 at 7:00 in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Katherine Flaws, Michael Sheehan, and Scott Gromko. Absent: Charlie Wills. Chairman Brian Charville called the meeting to order at 7:00 PM.

 

  1. 322 Pillings Pond Road – Board of Appeals Case #18-06

Atty. Jay Kimball appeared to discuss this ZBA case, involving variances and a special permit in accordance with the new Zoning Bylaws. Mr. Rich Williams of Williams and Sparages Engineering reviewed the plan of the existing, nonconforming structure and noted the current 9 foot side yard and 25 foot front yard setbacks. Mr. Williams presented the proposed plan and noted that the new footprint is similar to the existing, with the exception of a chimney bump out and paved access to a garage. Chairman Charville asked if the existing foundation would remain; the answer was no. Chairman Charville asked for questions from the Board, and then asked for a summary of the applicant’s requests. Atty. Kimball stated that two variances were needed: the first was for “extending a nonconformity” on the 9’ side yard, and the second was for the setback of the front of the structure at 25.1’ vs. the required 30’ from the center of the street line. A special permit is also requested to “raze and remove the existing nonconforming one story dwelling and construct a nonconforming two story dwelling with a larger footprint”. Mr. Sheehan asked if the Planning Board (PB) was revisiting this issue, property having been on the Board’s agenda in 2017; Ms. Heather Sievers replied that it had not actually been formally heard prior to now. Chairman Charville asked the applicants if they own the property; the answer was yes. He then asked if they currently live there; the answer was no. Ms. Flaws asked how far the proposed entryway extended; the answer was 5’. She then asked if it was possible not to have the driveway encroach on the wetland buffer zone; Atty. Kimball said that was “a permitted use”. Chairman Charville asked for questions or comments from the audience; there were none. He asked for feedback from the PB. Mr. Sheehan noted that the dwelling was already nonconforming, that there were no major layout changes, and no objections from neighbors. Ms. Flaws stated that it was good that the footprint remained the same. Chairman Charville requested a motion that the PB has no objections to the variances and special permit requested. Mr. Sheehan made the motion; Ms. Flaws seconded it, and the motion carried 4 – 0. Chairman Charville told Atty. Kimball he would inform the ZBA of the PB’s vote by letter.

 

  1. Scenic Roads Bylaw – update on notice of Bylaw to Abutters

Chairman Charville asked Ms. Lambe to update the PB on the mailing. She reviewed the prior meeting’s presentation from Ms. Jane Bandini of the Tree Committee when it was agreed a notice should be mailed to all town residents informing them of the SRB. The notice included details and affected streets in the SRB, as well as a list of FAQ. The notice was included in resident’s 1st quarter tax bills, along with the Spring Tree Talk flyer, at no additional mailing cost to the town.

 

Chairman Charville announced it was 7:30 PM and the continued public hearing on Zepaj Lane was next on the agenda.

 

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

At 7:30, Mr. Sheehan motioned to reopen the public hearing; Ms. Flaws seconded it, and the motion carried 4 – 0. Atty. Kimball said they would address all the prior issues that had been raised with the plans. Mr. John Ogren of Hayes Engineering said town engineer Mr. Charlie Richter and Mr. Bill Jones of Linden Engineering had met with them to discuss final issues with the plan. They included: the addition of a monitoring well (this has been done), digging test pits in the area of infiltration (done, no evidence of groundwater), enhancing the infiltration system (crushed stone was added), catch basin relief (completed, the new pipe flows beneath Green St.), a revised drainage study (submitted), and a revised waiver list (submitted, it includes a waiver for the overhead utility wires on 2 of the lots). Additionally, the Water District requested moving a fire hydrant (completed, moved between lots 5 and 6) and adding a gate by the water line (completed).

 

Mr. Ogren added that an on-site meeting with abutters had been held for the purpose of discussing tree replacement. They agreed upon an additional 19 trees to be added along the lot line, in addition to the 27 required street trees. The 19 trees will be coniferous, and planting locations were agreed upon. Mr. Gromko attended the meeting between the developers and neighbors; he explained that a landscape architect had recommended viable trees, and the list is somewhat varied to ensure availability. Chairman Charville asked if this had been added to the definitive plan; the answer was yes. Chairman Charville noted the trees on the plan were 8’ – 10’ and 10’ – 12’ in height; Mr. Ogren said expected growth could be 1’ per year. Mr. Sheehan asked if the listed trees were also to be used as street trees; the answer was that the street trees will be from the accepted tree list. Chairman Charville asked if resident Ms. Danielle Berdahn had seen the proposed tree types and sizes; the answer was yes.

 

Atty. Kimball presented final HOA plan and said the frontage had been agreed upon by town counsel Atty. Tom Mullen. Mr. Jones said he had some residual comments. He said it is somewhat unusual to approve a subdivision plan that includes 2 ANR lots, and the PB must be very specific in the Board’s subdivision-approval language due to this. Mr. Jones thought the developer may hope to have those 2 lots released before construction of the roadway begins in order to start construction, and therefore, the PB should prepare to address this. Mr. Jones added that having sought Atty. Mullen’s advice on the frontage issue was a good idea. Additional comments from Mr. Jones included: the need to label one unlabeled pipe on Green St. as a Class IV, that the PB should keep in mind that the overhead electric for ANR Lots B and C is unusual, the need to include the newly agreed upon trees in the planting plan, and the need to update the HOA stating roof drains are required and maintenance should be performed more often than annually. Atty. Kimball answered that the HOA plan had been updated. Mr. Richter stated that Mr. Jones had addressed the issues of concern and “everything looks to be in order”. Atty. Kimball said that a reference to the Parsons Ave Extension subdivision had been in error, and was removed from the HOA. Ms. Bandini asked how the newly added trees would be protected. Atty. Kimball said that the nurturing and non-removal of the trees could be added as a covenant, or part of the decision letter. Ms. Bandini requested that only native trees be used and that enough space be allocated when planting for growth. Mr. Ogren said that a landscape architect would assist with the planting. Chairman Charville asked Atty. Kimball what town departments would be giving input on the approval of the plan; the answer was that, historically, only the DPW and the Board of Health (BOH) give input. Chairman Charville reminded all that the Fire Department had given input, and were satisfied with the location of hydrants. Atty. Kimball gave Chairman Charville a copy of the letter from the BOH dated October, 2017. Atty. Kimball also noted that the BOH must sign building permits, and therefore would have a continuing role with respect to the subdivision. Chairman Charville asked about the BOH request for a separate easement plan and was told it has been added. Atty. Kimball requested that the PB act on the definitive plan this evening.

 

Chairman Charville asked the PB their thoughts on acting tonight vs. later. Mr. Sheehan said that the next scheduled meeting on April 11th was not too far off, and asked if there was anything else concerning the 3 ANR lots that the PB needs to be aware of in making their decision. Mr. Jones answered that the PB must incorporate into their vote any issues to be addressed (including stormwater management), and they should be “explicitly spelled out”. Atty. Kimball said Lot A has an existing foundation, and this lot has no interaction with the stormwater system. He then requested a release for Lot A to begin construction. Mr. Jones thought that would be fine, but all should keep in mind that Lot A is still part of the HOA. Chairman Charville asked if any PB members were hesitant to give approval tonight. Ms. Flaws said that since the wording is very important, having more time would make sense. Mr. Jones said that it would be best if Atty. Kimball and Atty. Mullen could review the decision before it’s voted on. Chairman Charville suggested continuing the public hearing until 7:00 PM on April 11th, and asked for a request from the applicants to extend the time frame for definitive approval. Atty. Kimball made the request. Chairman Charville asked Atty. Kimball to provide a draft of the motion to be approved; the answer was yes, and it would be shared with Mr. Jones, Mr. Richter, Atty. Mullen, and Chairman Charville. Chairman Charville requested a motion to approve the applicant’s request for an extension of the time for decision until Friday, April 13. Mr. Sheehan made the motion; Mr. Gromko seconded it, and the motion carried 4 – 0. Mr. Gromko then motioned to continue the Zepaj Lane subdivision public hearing until Wednesday, April 11 at 7:00 PM at the Al Merritt Center at Market Street. Mr. Sheehan seconded the motion, and it carried 4 – 0.

 

Chairman Charville announced it was 8:12 PM and the next item on the agenda was:

 

  1. Discussion of Warrant Articles for April 2018 Town Meeting

Chairman Charville began by announcing that the Board of Selectmen (BOS) would be meeting the next day to reopen the warrant for the purpose of adding one more article. Chairman Charville asked Atty. Jesse Schomer to preview the article for the PB. Atty. Schomer stated that Title 5 allows for 440 gallons of treated water per acre, and the proposed Fairways Edge at Sagamore Spring project is only 220 gallons per acre; however, the Groundwater Protection Bylaw has a requirement that forbids sewage treatment plants above 10,000 gallons. Atty. Schomer said the warrant article will seek a special permit mechanism which would allow such a sewage treatment plant, and that the proposed plant would comply with all the other requirements of the Groundwater Protection Bylaw. Chairman Charville asked if this could be essentially “an additional allowed use”; Atty. Schomer agreed. Atty. Schomer requested the PB schedule a public hearing on this warrant for the April 25, 2018 meeting. Chairman Charville asked if the Conservation Agent had reviewed the language of the warrant; the answer was she has received the warrant and her comments are being awaited. Chairman Charville announced that if this article becomes part of the town meeting warrants, the required public hearing would take place at the regular PB meeting on April 25, 2018, and that all other warrant articles would be heard at a public hearing on April 11, 2018.

 

  1. Ratification of Zoning Map warrant article submission

Chairman Charville stated that a revised Zoning Map to go along with the recodified Zoning Bylaw has been in the works but was never finalized and approved. Chairman Charville requested the PB move to ratify including the new map as an Annual Town Meeting warrant article. Ms. Flaws made the motion, and Mr. Gromko seconded it. The motion carried 4 – 0. Mr. Richter has reviewed the draft of the new map; there are a few revisions still needed. The hope is that CAI will complete these in time for town meeting. The existing draft of the new zoning map has been given to the Town Clerk and is available for inspection.

 

  1. Master Plan Update

Mr. Sheehan reported that he and Ms. Sievers had met with the new Town Administrator (TA), Rob Dolan, to review the Master Plan (MP). Mr. Dolan informed them of his work on Melrose’s MP, including using a professional consultant along with community volunteers. A former volunteer has relocated to Lynnfield; Ms. Sievers will try to engage them. Chairman Charville asked if using a professional consultant would be a good option; TA prefers using volunteers. Ms. Sievers has contacted the MAPC to ask for assistance they might provide, and also thinks a consultant would be a good idea. Chairman Charville asked if money should be appropriated in the current proposed budget (FY 2019) for a consultant. Mr. Sievers noted the MAPC has their own specific agenda, and the BOS are not necessarily in agreement with it. Mr. Sheehan felt a professional consultant would be an excellent idea. Chairman Charville asked what the cost for a professional might be; Ms. Sievers answered $150,000, which is quite a bit for Lynnfield. She said she had learned from BOS member Dick Dalton that a planning tool discussed last year was now functional for the town and could be used to prioritize issues within a Master Plan. Chairman Charville said it was a good time to request funding in the budget for a consultant; Ms. Sievers will call for estimates. The funding request will be for an appropriation towards beginning work on the MP, not the entire amount. Chairman Charville will attend the Finance Committee (FinCom) meeting next week; Ms. Sievers said the FinCom is in favor of a MP. Chairman Charville requested a motion to request $30,000 in the fiscal year 2019 budget to be used for a MP consultant. Mr. Sheehan made the motion; Ms. Flaws seconded. The motion carried 4 – 0.

 

  1. Approval of Minutes

Minutes from the 2/28/2018 meeting were reviewed via email. Ms. Flaws motioned to approve them, and Mr. Sheehan seconded the motion. The motion carried 4 – 0.

 

  1. Topics for the Planning Board’s next meeting

 

Chairman Charville said the next meeting will be April 11, 2018. He noted this meeting will be at the Merritt Center. Eric Hamlin of Lynnfield Media Service was concerned about the capacity of the center, which is 80 people. Chairman Charville asked if the meeting could be televised and what the cost would be; Ms. Lambe will inquire. The April 11 meeting will include the following items:

 

  • Zepaj Lane continued Public Hearing to review proposed definitive plan; and
  • Public Hearing of April town meeting warrant articles, beginning with the revised Zoning Map. Chairman Charville noted that the allotted time for articles’ presenters would be capped at 15 minutes, followed by questions and comments.

 

Chairman Charville said the April 25, 2018 meeting  would include the beginning of the public hearing regarding the newly proposed subdivision definitive plan for Perley Burrill (914 Salem Street) and potentially a presentation from the Recreation Path Committee.  Ms. Sievers asked whether a job description for the proposed planner position had been created; Chairman Charville answered that he would be drafting one. Mr. Gromko requested hard copies of the new Zoning Bylaws; Ms. Lambe said she will provide them.

 

Mr. Sheehan motioned to adjourn the meeting at 9:05 PM, and Mr. Gromko seconded the motion. The vote to adjourn carried 3 – 0 (Ms. Flaws had left the meeting prior to the vote).

 

The next scheduled meeting of the Planning Board is on Wednesday, April 11, 2018 in the Al Merritt Media Center, 600 Market Street, at 7:00 PM.

 

 

            Respectfully submitted,

 

 

Susan Lambe, Planning Office

LYNNFIELD PLANNING BOARD MEETING March 28, 2018

 

A meeting of the Planning Board was held on Wednesday, March 28, 2018 at 7:00 in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Katherine Flaws, Michael Sheehan, and Scott Gromko. Absent: Charlie Wills. Chairman Brian Charville called the meeting to order at 7:00 PM.

 

  1. 322 Pillings Pond Road – Board of Appeals Case #18-06

Atty. Jay Kimball appeared to discuss this ZBA case, involving variances and a special permit in accordance with the new Zoning Bylaws. Mr. Rich Williams of Williams and Sparages Engineering reviewed the plan of the existing, nonconforming structure and noted the current 9 foot side yard and 25 foot front yard setbacks. Mr. Williams presented the proposed plan and noted that the new footprint is similar to the existing, with the exception of a chimney bump out and paved access to a garage. Chairman Charville asked if the existing foundation would remain; the answer was no. Chairman Charville asked for questions from the Board, and then asked for a summary of the applicant’s requests. Atty. Kimball stated that two variances were needed: the first was for “extending a nonconformity” on the 9’ side yard, and the second was for the setback of the front of the structure at 25.1’ vs. the required 30’ from the center of the street line. A special permit is also requested to “raze and remove the existing nonconforming one story dwelling and construct a nonconforming two story dwelling with a larger footprint”. Mr. Sheehan asked if the Planning Board (PB) was revisiting this issue, property having been on the Board’s agenda in 2017; Ms. Heather Sievers replied that it had not actually been formally heard prior to now. Chairman Charville asked the applicants if they own the property; the answer was yes. He then asked if they currently live there; the answer was no. Ms. Flaws asked how far the proposed entryway extended; the answer was 5’. She then asked if it was possible not to have the driveway encroach on the wetland buffer zone; Atty. Kimball said that was “a permitted use”. Chairman Charville asked for questions or comments from the audience; there were none. He asked for feedback from the PB. Mr. Sheehan noted that the dwelling was already nonconforming, that there were no major layout changes, and no objections from neighbors. Ms. Flaws stated that it was good that the footprint remained the same. Chairman Charville requested a motion that the PB has no objections to the variances and special permit requested. Mr. Sheehan made the motion; Ms. Flaws seconded it, and the motion carried 4 – 0. Chairman Charville told Atty. Kimball he would inform the ZBA of the PB’s vote by letter.

 

  1. Scenic Roads Bylaw – update on notice of Bylaw to Abutters

Chairman Charville asked Ms. Lambe to update the PB on the mailing. She reviewed the prior meeting’s presentation from Ms. Jane Bandini of the Tree Committee when it was agreed a notice should be mailed to all town residents informing them of the SRB. The notice included details and affected streets in the SRB, as well as a list of FAQ. The notice was included in resident’s 1st quarter tax bills, along with the Spring Tree Talk flyer, at no additional mailing cost to the town.

 

Chairman Charville announced it was 7:30 PM and the continued public hearing on Zepaj Lane was next on the agenda.

 

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

At 7:30, Mr. Sheehan motioned to reopen the public hearing; Ms. Flaws seconded it, and the motion carried 4 – 0. Atty. Kimball said they would address all the prior issues that had been raised with the plans. Mr. John Ogren of Hayes Engineering said town engineer Mr. Charlie Richter and Mr. Bill Jones of Linden Engineering had met with them to discuss final issues with the plan. They included: the addition of a monitoring well (this has been done), digging test pits in the area of infiltration (done, no evidence of groundwater), enhancing the infiltration system (crushed stone was added), catch basin relief (completed, the new pipe flows beneath Green St.), a revised drainage study (submitted), and a revised waiver list (submitted, it includes a waiver for the overhead utility wires on 2 of the lots). Additionally, the Water District requested moving a fire hydrant (completed, moved between lots 5 and 6) and adding a gate by the water line (completed).

 

Mr. Ogren added that an on-site meeting with abutters had been held for the purpose of discussing tree replacement. They agreed upon an additional 19 trees to be added along the lot line, in addition to the 27 required street trees. The 19 trees will be coniferous, and planting locations were agreed upon. Mr. Gromko attended the meeting between the developers and neighbors; he explained that a landscape architect had recommended viable trees, and the list is somewhat varied to ensure availability. Chairman Charville asked if this had been added to the definitive plan; the answer was yes. Chairman Charville noted the trees on the plan were 8’ – 10’ and 10’ – 12’ in height; Mr. Ogren said expected growth could be 1’ per year. Mr. Sheehan asked if the listed trees were also to be used as street trees; the answer was that the street trees will be from the accepted tree list. Chairman Charville asked if resident Ms. Danielle Berdahn had seen the proposed tree types and sizes; the answer was yes.

 

Atty. Kimball presented final HOA plan and said the frontage had been agreed upon by town counsel Atty. Tom Mullen. Mr. Jones said he had some residual comments. He said it is somewhat unusual to approve a subdivision plan that includes 2 ANR lots, and the PB must be very specific in the Board’s subdivision-approval language due to this. Mr. Jones thought the developer may hope to have those 2 lots released before construction of the roadway begins in order to start construction, and therefore, the PB should prepare to address this. Mr. Jones added that having sought Atty. Mullen’s advice on the frontage issue was a good idea. Additional comments from Mr. Jones included: the need to label one unlabeled pipe on Green St. as a Class IV, that the PB should keep in mind that the overhead electric for ANR Lots B and C is unusual, the need to include the newly agreed upon trees in the planting plan, and the need to update the HOA stating roof drains are required and maintenance should be performed more often than annually. Atty. Kimball answered that the HOA plan had been updated. Mr. Richter stated that Mr. Jones had addressed the issues of concern and “everything looks to be in order”. Atty. Kimball said that a reference to the Parsons Ave Extension subdivision had been in error, and was removed from the HOA. Ms. Bandini asked how the newly added trees would be protected. Atty. Kimball said that the nurturing and non-removal of the trees could be added as a covenant, or part of the decision letter. Ms. Bandini requested that only native trees be used and that enough space be allocated when planting for growth. Mr. Ogren said that a landscape architect would assist with the planting. Chairman Charville asked Atty. Kimball what town departments would be giving input on the approval of the plan; the answer was that, historically, only the DPW and the Board of Health (BOH) give input. Chairman Charville reminded all that the Fire Department had given input, and were satisfied with the location of hydrants. Atty. Kimball gave Chairman Charville a copy of the letter from the BOH dated October, 2017. Atty. Kimball also noted that the BOH must sign building permits, and therefore would have a continuing role with respect to the subdivision. Chairman Charville asked about the BOH request for a separate easement plan and was told it has been added. Atty. Kimball requested that the PB act on the definitive plan this evening.

 

Chairman Charville asked the PB their thoughts on acting tonight vs. later. Mr. Sheehan said that the next scheduled meeting on April 11th was not too far off, and asked if there was anything else concerning the 3 ANR lots that the PB needs to be aware of in making their decision. Mr. Jones answered that the PB must incorporate into their vote any issues to be addressed (including stormwater management), and they should be “explicitly spelled out”. Atty. Kimball said Lot A has an existing foundation, and this lot has no interaction with the stormwater system. He then requested a release for Lot A to begin construction. Mr. Jones thought that would be fine, but all should keep in mind that Lot A is still part of the HOA. Chairman Charville asked if any PB members were hesitant to give approval tonight. Ms. Flaws said that since the wording is very important, having more time would make sense. Mr. Jones said that it would be best if Atty. Kimball and Atty. Mullen could review the decision before it’s voted on. Chairman Charville suggested continuing the public hearing until 7:00 PM on April 11th, and asked for a request from the applicants to extend the time frame for definitive approval. Atty. Kimball made the request. Chairman Charville asked Atty. Kimball to provide a draft of the motion to be approved; the answer was yes, and it would be shared with Mr. Jones, Mr. Richter, Atty. Mullen, and Chairman Charville. Chairman Charville requested a motion to approve the applicant’s request for an extension of the time for decision until Friday, April 13. Mr. Sheehan made the motion; Mr. Gromko seconded it, and the motion carried 4 – 0. Mr. Gromko then motioned to continue the Zepaj Lane subdivision public hearing until Wednesday, April 11 at 7:00 PM at the Al Merritt Center at Market Street. Mr. Sheehan seconded the motion, and it carried 4 – 0.

 

Chairman Charville announced it was 8:12 PM and the next item on the agenda was:

 

  1. Discussion of Warrant Articles for April 2018 Town Meeting

Chairman Charville began by announcing that the Board of Selectmen (BOS) would be meeting the next day to reopen the warrant for the purpose of adding one more article. Chairman Charville asked Atty. Jesse Schomer to preview the article for the PB. Atty. Schomer stated that Title 5 allows for 440 gallons of treated water per acre, and the proposed Fairways Edge at Sagamore Spring project is only 220 gallons per acre; however, the Groundwater Protection Bylaw has a requirement that forbids sewage treatment plants above 10,000 gallons. Atty. Schomer said the warrant article will seek a special permit mechanism which would allow such a sewage treatment plant, and that the proposed plant would comply with all the other requirements of the Groundwater Protection Bylaw. Chairman Charville asked if this could be essentially “an additional allowed use”; Atty. Schomer agreed. Atty. Schomer requested the PB schedule a public hearing on this warrant for the April 25, 2018 meeting. Chairman Charville asked if the Conservation Agent had reviewed the language of the warrant; the answer was she has received the warrant and her comments are being awaited. Chairman Charville announced that if this article becomes part of the town meeting warrants, the required public hearing would take place at the regular PB meeting on April 25, 2018, and that all other warrant articles would be heard at a public hearing on April 11, 2018.

 

  1. Ratification of Zoning Map warrant article submission

Chairman Charville stated that a revised Zoning Map to go along with the recodified Zoning Bylaw has been in the works but was never finalized and approved. Chairman Charville requested the PB move to ratify including the new map as an Annual Town Meeting warrant article. Ms. Flaws made the motion, and Mr. Gromko seconded it. The motion carried 4 – 0. Mr. Richter has reviewed the draft of the new map; there are a few revisions still needed. The hope is that CAI will complete these in time for town meeting. The existing draft of the new zoning map has been given to the Town Clerk and is available for inspection.

 

  1. Master Plan Update

Mr. Sheehan reported that he and Ms. Sievers had met with the new Town Administrator (TA), Rob Dolan, to review the Master Plan (MP). Mr. Dolan informed them of his work on Melrose’s MP, including using a professional consultant along with community volunteers. A former volunteer has relocated to Lynnfield; Ms. Sievers will try to engage them. Chairman Charville asked if using a professional consultant would be a good option; TA prefers using volunteers. Ms. Sievers has contacted the MAPC to ask for assistance they might provide, and also thinks a consultant would be a good idea. Chairman Charville asked if money should be appropriated in the current proposed budget (FY 2019) for a consultant. Mr. Sievers noted the MAPC has their own specific agenda, and the BOS are not necessarily in agreement with it. Mr. Sheehan felt a professional consultant would be an excellent idea. Chairman Charville asked what the cost for a professional might be; Ms. Sievers answered $150,000, which is quite a bit for Lynnfield. She said she had learned from BOS member Dick Dalton that a planning tool discussed last year was now functional for the town and could be used to prioritize issues within a Master Plan. Chairman Charville said it was a good time to request funding in the budget for a consultant; Ms. Sievers will call for estimates. The funding request will be for an appropriation towards beginning work on the MP, not the entire amount. Chairman Charville will attend the Finance Committee (FinCom) meeting next week; Ms. Sievers said the FinCom is in favor of a MP. Chairman Charville requested a motion to request $30,000 in the fiscal year 2019 budget to be used for a MP consultant. Mr. Sheehan made the motion; Ms. Flaws seconded. The motion carried 4 – 0.

 

  1. Approval of Minutes

Minutes from the 2/28/2018 meeting were reviewed via email. Ms. Flaws motioned to approve them, and Mr. Sheehan seconded the motion. The motion carried 4 – 0.

 

  1. Topics for the Planning Board’s next meeting

 

Chairman Charville said the next meeting will be April 11, 2018. He noted this meeting will be at the Merritt Center. Eric Hamlin of Lynnfield Media Service was concerned about the capacity of the center, which is 80 people. Chairman Charville asked if the meeting could be televised and what the cost would be; Ms. Lambe will inquire. The April 11 meeting will include the following items:

 

  • Zepaj Lane continued Public Hearing to review proposed definitive plan; and
  • Public Hearing of April town meeting warrant articles, beginning with the revised Zoning Map. Chairman Charville noted that the allotted time for articles’ presenters would be capped at 15 minutes, followed by questions and comments.

 

Chairman Charville said the April 25, 2018 meeting  would include the beginning of the public hearing regarding the newly proposed subdivision definitive plan for Perley Burrill (914 Salem Street) and potentially a presentation from the Recreation Path Committee.  Ms. Sievers asked whether a job description for the proposed planner position had been created; Chairman Charville answered that he would be drafting one. Mr. Gromko requested hard copies of the new Zoning Bylaws; Ms. Lambe said she will provide them.

 

Mr. Sheehan motioned to adjourn the meeting at 9:05 PM, and Mr. Gromko seconded the motion. The vote to adjourn carried 3 – 0 (Ms. Flaws had left the meeting prior to the vote).

 

The next scheduled meeting of the Planning Board is on Wednesday, April 11, 2018 in the Al Merritt Media Center, 600 Market Street, at 7:00 PM.

 

 

            Respectfully submitted,

 

 

Susan Lambe, Planning Office

LYNNFIELD PLANNING BOARD MEETING March 28, 2018

 

A meeting of the Planning Board was held on Wednesday, March 28, 2018 at 7:00 in the Maney Meeting Room at Town Hall. Present: Chairman Brian Charville, Katherine Flaws, Michael Sheehan, and Scott Gromko. Absent: Charlie Wills. Chairman Brian Charville called the meeting to order at 7:00 PM.

 

  1. 322 Pillings Pond Road – Board of Appeals Case #18-06

Atty. Jay Kimball appeared to discuss this ZBA case, involving variances and a special permit in accordance with the new Zoning Bylaws. Mr. Rich Williams of Williams and Sparages Engineering reviewed the plan of the existing, nonconforming structure and noted the current 9 foot side yard and 25 foot front yard setbacks. Mr. Williams presented the proposed plan and noted that the new footprint is similar to the existing, with the exception of a chimney bump out and paved access to a garage. Chairman Charville asked if the existing foundation would remain; the answer was no. Chairman Charville asked for questions from the Board, and then asked for a summary of the applicant’s requests. Atty. Kimball stated that two variances were needed: the first was for “extending a nonconformity” on the 9’ side yard, and the second was for the setback of the front of the structure at 25.1’ vs. the required 30’ from the center of the street line. A special permit is also requested to “raze and remove the existing nonconforming one story dwelling and construct a nonconforming two story dwelling with a larger footprint”. Mr. Sheehan asked if the Planning Board (PB) was revisiting this issue, property having been on the Board’s agenda in 2017; Ms. Heather Sievers replied that it had not actually been formally heard prior to now. Chairman Charville asked the applicants if they own the property; the answer was yes. He then asked if they currently live there; the answer was no. Ms. Flaws asked how far the proposed entryway extended; the answer was 5’. She then asked if it was possible not to have the driveway encroach on the wetland buffer zone; Atty. Kimball said that was “a permitted use”. Chairman Charville asked for questions or comments from the audience; there were none. He asked for feedback from the PB. Mr. Sheehan noted that the dwelling was already nonconforming, that there were no major layout changes, and no objections from neighbors. Ms. Flaws stated that it was good that the footprint remained the same. Chairman Charville requested a motion that the PB has no objections to the variances and special permit requested. Mr. Sheehan made the motion; Ms. Flaws seconded it, and the motion carried 4 – 0. Chairman Charville told Atty. Kimball he would inform the ZBA of the PB’s vote by letter.

 

  1. Scenic Roads Bylaw – update on notice of Bylaw to Abutters

Chairman Charville asked Ms. Lambe to update the PB on the mailing. She reviewed the prior meeting’s presentation from Ms. Jane Bandini of the Tree Committee when it was agreed a notice should be mailed to all town residents informing them of the SRB. The notice included details and affected streets in the SRB, as well as a list of FAQ. The notice was included in resident’s 1st quarter tax bills, along with the Spring Tree Talk flyer, at no additional mailing cost to the town.

 

Chairman Charville announced it was 7:30 PM and the continued public hearing on Zepaj Lane was next on the agenda.

 

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

At 7:30, Mr. Sheehan motioned to reopen the public hearing; Ms. Flaws seconded it, and the motion carried 4 – 0. Atty. Kimball said they would address all the prior issues that had been raised with the plans. Mr. John Ogren of Hayes Engineering said town engineer Mr. Charlie Richter and Mr. Bill Jones of Linden Engineering had met with them to discuss final issues with the plan. They included: the addition of a monitoring well (this has been done), digging test pits in the area of infiltration (done, no evidence of groundwater), enhancing the infiltration system (crushed stone was added), catch basin relief (completed, the new pipe flows beneath Green St.), a revised drainage study (submitted), and a revised waiver list (submitted, it includes a waiver for the overhead utility wires on 2 of the lots). Additionally, the Water District requested moving a fire hydrant (completed, moved between lots 5 and 6) and adding a gate by the water line (completed).

 

Mr. Ogren added that an on-site meeting with abutters had been held for the purpose of discussing tree replacement. They agreed upon an additional 19 trees to be added along the lot line, in addition to the 27 required street trees. The 19 trees will be coniferous, and planting locations were agreed upon. Mr. Gromko attended the meeting between the developers and neighbors; he explained that a landscape architect had recommended viable trees, and the list is somewhat varied to ensure availability. Chairman Charville asked if this had been added to the definitive plan; the answer was yes. Chairman Charville noted the trees on the plan were 8’ – 10’ and 10’ – 12’ in height; Mr. Ogren said expected growth could be 1’ per year. Mr. Sheehan asked if the listed trees were also to be used as street trees; the answer was that the street trees will be from the accepted tree list. Chairman Charville asked if resident Ms. Danielle Berdahn had seen the proposed tree types and sizes; the answer was yes.

 

Atty. Kimball presented final HOA plan and said the frontage had been agreed upon by town counsel Atty. Tom Mullen. Mr. Jones said he had some residual comments. He said it is somewhat unusual to approve a subdivision plan that includes 2 ANR lots, and the PB must be very specific in the Board’s subdivision-approval language due to this. Mr. Jones thought the developer may hope to have those 2 lots released before construction of the roadway begins in order to start construction, and therefore, the PB should prepare to address this. Mr. Jones added that having sought Atty. Mullen’s advice on the frontage issue was a good idea. Additional comments from Mr. Jones included: the need to label one unlabeled pipe on Green St. as a Class IV, that the PB should keep in mind that the overhead electric for ANR Lots B and C is unusual, the need to include the newly agreed upon trees in the planting plan, and the need to update the HOA stating roof drains are required and maintenance should be performed more often than annually. Atty. Kimball answered that the HOA plan had been updated. Mr. Richter stated that Mr. Jones had addressed the issues of concern and “everything looks to be in order”. Atty. Kimball said that a reference to the Parsons Ave Extension subdivision had been in error, and was removed from the HOA. Ms. Bandini asked how the newly added trees would be protected. Atty. Kimball said that the nurturing and non-removal of the trees could be added as a covenant, or part of the decision letter. Ms. Bandini requested that only native trees be used and that enough space be allocated when planting for growth. Mr. Ogren said that a landscape architect would assist with the planting. Chairman Charville asked Atty. Kimball what town departments would be giving input on the approval of the plan; the answer was that, historically, only the DPW and the Board of Health (BOH) give input. Chairman Charville reminded all that the Fire Department had given input, and were satisfied with the location of hydrants. Atty. Kimball gave Chairman Charville a copy of the letter from the BOH dated October, 2017. Atty. Kimball also noted that the BOH must sign building permits, and therefore would have a continuing role with respect to the subdivision. Chairman Charville asked about the BOH request for a separate easement plan and was told it has been added. Atty. Kimball requested that the PB act on the definitive plan this evening.

 

Chairman Charville asked the PB their thoughts on acting tonight vs. later. Mr. Sheehan said that the next scheduled meeting on April 11th was not too far off, and asked if there was anything else concerning the 3 ANR lots that the PB needs to be aware of in making their decision. Mr. Jones answered that the PB must incorporate into their vote any issues to be addressed (including stormwater management), and they should be “explicitly spelled out”. Atty. Kimball said Lot A has an existing foundation, and this lot has no interaction with the stormwater system. He then requested a release for Lot A to begin construction. Mr. Jones thought that would be fine, but all should keep in mind that Lot A is still part of the HOA. Chairman Charville asked if any PB members were hesitant to give approval tonight. Ms. Flaws said that since the wording is very important, having more time would make sense. Mr. Jones said that it would be best if Atty. Kimball and Atty. Mullen could review the decision before it’s voted on. Chairman Charville suggested continuing the public hearing until 7:00 PM on April 11th, and asked for a request from the applicants to extend the time frame for definitive approval. Atty. Kimball made the request. Chairman Charville asked Atty. Kimball to provide a draft of the motion to be approved; the answer was yes, and it would be shared with Mr. Jones, Mr. Richter, Atty. Mullen, and Chairman Charville. Chairman Charville requested a motion to approve the applicant’s request for an extension of the time for decision until Friday, April 13. Mr. Sheehan made the motion; Mr. Gromko seconded it, and the motion carried 4 – 0. Mr. Gromko then motioned to continue the Zepaj Lane subdivision public hearing until Wednesday, April 11 at 7:00 PM at the Al Merritt Center at Market Street. Mr. Sheehan seconded the motion, and it carried 4 – 0.

 

Chairman Charville announced it was 8:12 PM and the next item on the agenda was:

 

  1. Discussion of Warrant Articles for April 2018 Town Meeting

Chairman Charville began by announcing that the Board of Selectmen (BOS) would be meeting the next day to reopen the warrant for the purpose of adding one more article. Chairman Charville asked Atty. Jesse Schomer to preview the article for the PB. Atty. Schomer stated that Title 5 allows for 440 gallons of treated water per acre, and the proposed Fairways Edge at Sagamore Spring project is only 220 gallons per acre; however, the Groundwater Protection Bylaw has a requirement that forbids sewage treatment plants above 10,000 gallons. Atty. Schomer said the warrant article will seek a special permit mechanism which would allow such a sewage treatment plant, and that the proposed plant would comply with all the other requirements of the Groundwater Protection Bylaw. Chairman Charville asked if this could be essentially “an additional allowed use”; Atty. Schomer agreed. Atty. Schomer requested the PB schedule a public hearing on this warrant for the April 25, 2018 meeting. Chairman Charville asked if the Conservation Agent had reviewed the language of the warrant; the answer was she has received the warrant and her comments are being awaited. Chairman Charville announced that if this article becomes part of the town meeting warrants, the required public hearing would take place at the regular PB meeting on April 25, 2018, and that all other warrant articles would be heard at a public hearing on April 11, 2018.

 

  1. Ratification of Zoning Map warrant article submission

Chairman Charville stated that a revised Zoning Map to go along with the recodified Zoning Bylaw has been in the works but was never finalized and approved. Chairman Charville requested the PB move to ratify including the new map as an Annual Town Meeting warrant article. Ms. Flaws made the motion, and Mr. Gromko seconded it. The motion carried 4 – 0. Mr. Richter has reviewed the draft of the new map; there are a few revisions still needed. The hope is that CAI will complete these in time for town meeting. The existing draft of the new zoning map has been given to the Town Clerk and is available for inspection.

 

  1. Master Plan Update

Mr. Sheehan reported that he and Ms. Sievers had met with the new Town Administrator (TA), Rob Dolan, to review the Master Plan (MP). Mr. Dolan informed them of his work on Melrose’s MP, including using a professional consultant along with community volunteers. A former volunteer has relocated to Lynnfield; Ms. Sievers will try to engage them. Chairman Charville asked if using a professional consultant would be a good option; TA prefers using volunteers. Ms. Sievers has contacted the MAPC to ask for assistance they might provide, and also thinks a consultant would be a good idea. Chairman Charville asked if money should be appropriated in the current proposed budget (FY 2019) for a consultant. Mr. Sievers noted the MAPC has their own specific agenda, and the BOS are not necessarily in agreement with it. Mr. Sheehan felt a professional consultant would be an excellent idea. Chairman Charville asked what the cost for a professional might be; Ms. Sievers answered $150,000, which is quite a bit for Lynnfield. She said she had learned from BOS member Dick Dalton that a planning tool discussed last year was now functional for the town and could be used to prioritize issues within a Master Plan. Chairman Charville said it was a good time to request funding in the budget for a consultant; Ms. Sievers will call for estimates. The funding request will be for an appropriation towards beginning work on the MP, not the entire amount. Chairman Charville will attend the Finance Committee (FinCom) meeting next week; Ms. Sievers said the FinCom is in favor of a MP. Chairman Charville requested a motion to request $30,000 in the fiscal year 2019 budget to be used for a MP consultant. Mr. Sheehan made the motion; Ms. Flaws seconded. The motion carried 4 – 0.

 

  1. Approval of Minutes

Minutes from the 2/28/2018 meeting were reviewed via email. Ms. Flaws motioned to approve them, and Mr. Sheehan seconded the motion. The motion carried 4 – 0.

 

  1. Topics for the Planning Board’s next meeting

 

Chairman Charville said the next meeting will be April 11, 2018. He noted this meeting will be at the Merritt Center. Eric Hamlin of Lynnfield Media Service was concerned about the capacity of the center, which is 80 people. Chairman Charville asked if the meeting could be televised and what the cost would be; Ms. Lambe will inquire. The April 11 meeting will include the following items:

 

  • Zepaj Lane continued Public Hearing to review proposed definitive plan; and
  • Public Hearing of April town meeting warrant articles, beginning with the revised Zoning Map. Chairman Charville noted that the allotted time for articles’ presenters would be capped at 15 minutes, followed by questions and comments.

 

Chairman Charville said the April 25, 2018 meeting  would include the beginning of the public hearing regarding the newly proposed subdivision definitive plan for Perley Burrill (914 Salem Street) and potentially a presentation from the Recreation Path Committee.  Ms. Sievers asked whether a job description for the proposed planner position had been created; Chairman Charville answered that he would be drafting one. Mr. Gromko requested hard copies of the new Zoning Bylaws; Ms. Lambe said she will provide them.

 

Mr. Sheehan motioned to adjourn the meeting at 9:05 PM, and Mr. Gromko seconded the motion. The vote to adjourn carried 3 – 0 (Ms. Flaws had left the meeting prior to the vote).

 

The next scheduled meeting of the Planning Board is on Wednesday, April 11, 2018 in the Al Merritt Media Center, 600 Market Street, at 7:00 PM.

 

 

            Respectfully submitted,

 

 

Susan Lambe, Planning Office