PLANNING BOARD

MINUTES

Tuesday January 08, 2008

 

Chair Barbara Gaudette called the meeting to order at 7:00PM.  Planning Board members James Vitello, Ed Palmer, George Martin, and Janet Dolber were in attendance.  R. Gary Bechtholdt II, Town Planner was also present.

 

Citizens Forum

None

 

Cheryl Peterson of Heritage Design Group submitted to the Planning Board Subdivision/Special Permit modification application(s) for the development known as Pine Knoll located off Gendron Street.  Application(s) proposed to modify Phases 2 – 4 from special permit senior housing to 31 single-family house lots under the Flexible development provisions of the zoning bylaws.

 

Mr. Bechtholdt advised Ms. Peterson that an addition special permit application pursuant to the Flexible development bylaw with the appropriate filing will also need to be filed.  Arrangements shall be made for the Planning Board to consider this application during its second meeting in the month of February.

 

Form A’s

None

 

United Methodist Church

Right-of-way –Discussion

 

At the request of Untied Methodist Church and counsel representing the Devries (abutting property owners), the Planning Board postponed the discussion/review of the right-of-way relocation to its meeting of Tuesday, January 22, 2008 under Old/New Business.

 

Ash Street Extension

Final Bond Release

 

Pursuant to Massachusetts General Laws and Section 222-9 M [Release of performance guaranty] the Planning Board reviewed with Cheryl Peterson of Heritage Design Group the status of the Ash Street Extension project and its street acceptance.

 

Mr. Bechtholdt reminded the Planning Board the extension of Ash Street (street acceptance) was approved at the 2007 Fall Annual Town Meeting.  A performance bond in the amount of $50,000.00 is secured in a passbook account for this project.   Mr. Bechtholdt advised the Board receipt of email communication from Town Counsel indicating outstanding issue relative to the street acceptance conveyance to the town (recording of).  A copy of which had also been provided to the owner/applicant’s Attorney, Henry Lane.

 

Upon motion duly made and seconded the Planning Board voted (5-0) to grant final bond release for Ash Street Extension subject to the recording at the Worcester Registry of Deeds (street acceptance conveyance acted on at the 2007 Fall Annual Town Meeting).

 

In making said determination the Planning Board noted, in the event the street conveyance is not executed within the statutory period the owner/applicant may solicit the Planning Board for a bond reduction. 

 

Mr. Bechtholdt provided Ms. Peterson with copy of email communication and the attached documentation provided by Town Counsel.

 

Rocky Hill Farm Estates

Bond reduction /Lot release

 

Planning Board considered request for bond reduction and lot release for Rocky Hill Farms (Prairie Street) located off of Moon Hill Road.

 

The Board reviewed report prepared by Cullinan engineering dated January 08, 2008 detailing remaining outstanding issues and recommending bond value of $59,000.00.  Mr. Bechtholdt advised the Planning Board that $97,000.00 is currently being held in a performance secured by lenders agreement.  The amount estimated by Cullinan Engineering includes an additional $6,500 for paving and $600 for tack coat should the minimum of 1-inch overlay be determined (by DPW) to be insufficient.    Mr. Bechtholdt informed the Board that the Department of Public Works (DPW) has not had the opportunity to review the report prepared by Cullinan Engineering.  Should the Board reduce the bond at this time make it subject to DPW review and confirmation.

 

Under separate review and consideration the Planning Board discussed the requested release of lots 3 & 4.  Mr Bechtholdt briefly reviewed performance surety (bonds) and covenants for a subdivision.

 

Upon motion duly made (Palmer) and seconded (Martin) the Planning Board voted (5-0) to (1) reduce the bond held for Rocky Hill Farms to $59,000.00 as determined by Cullinan Engineering and subject to the review and confirmation by the Department of Public Works and (2) release lots 3 & 4.  In making said determination to release the two lots it was noted Lot #9 is not to be considered a building lot.

 

Old/New Business

 

Minutes

Upon motion duly made and seconded the Planning Board voted (3-0-2 [Martin & Dolber abstained]) to accepted minutes of January 09, 2007.

 

174 Church Street –Parker Insurance

Mr. Bechtholdt informed the Planning Board that the Building Inspector has issued a temporary occupancy permit for the development project for Parker Insurance as the owner/applicant has provided sufficient funds in the amount determined by the Director of Public Works to secure the completion of the remaining offsite improvements (sidewalk and catch basin on Church Street).  Additionally, a performance surety has also been provided to guarantee completion of the remaining landscaping and other site improvements pursuant to the Planning Board site plan approval.

 

Rumonoski Drive

Mr. Bechtholdt advised the Planning Board, despite acceptance at town meeting (in 1999) the formal conveyance (acceptance of) Rumonoski Drive was not recorded at the Registry because no certification as the rights in the road or easement was provided by the developer’s counsel. 

 

Since this time the roadway continues to fall into disrepair.  Because the roadway has not been formally conveyed to the town (recording at the Registry) the town can not apply funds to fix it, only emergency maintenance. 

 

Because the statutory period for recording of acceptance has expired a new town meeting action to accept the road is required.  Once the roadway is accepted the town may utilize public funds to fix the roadway.  It is hoped to have the street acceptance presented at the Spring Annual Town Meeting.

 

43D –Expedited Permitting

Mr. Bechtholdt reminded the Planning Board on Monday January 28th during the Board of Selectmen meeting representatives from CMRPC, our regional planning commission and Claire O’Neil from the Massachusetts Office of Business Development will discuss the local option of 43D Expedited or Streamline Permitting.  Mr. Bechtholdt noted that copies of information had previously been provided to the Selectmen, Planning Board, Conservation Commission and other permitting bodies.

 

Rocky Road

Mr. Bechtholdt informed the Planning Board that payment to J.H Lynch & Son has been made for the construction work on Rocky Road.  An approximate sum of $5,000.00 remains in the performance bond for preparation of acceptance plan, legal description and conveyance documentation for street acceptance.  The Planning office will solicit a minimum of three (3) price quotes for this engineering/survey work.

 

Master Plan update Committee

Mr. Bechtholdt noted during the next scheduled planning Board meeting of Tuesday, January 22nd the Board will make appoints for the Master Plan Update Committee.

 

Other

Ms. Gaudette suggested the proposed zone change for the Rockdale Nursing Home property (Providence Road) be included on an upcoming agenda for consideration.  Ms. Gaudette also suggested the Planning Board look to revise its Subdivision regulations to require as-builts prior to lot release.

 

Mail

The Planning Board reviewed mail which included a summary sheet or EOA Overview (Economic Opportunity Area) provided by the Planning office, Memorandum (January 03, 2008) from the Tree Warden concerning two (2) public shade trees along Hill Street (a designated scenic road) the trees are in deteriorated conditions and will need to be taken down, Letter dated January 02, 2008 to the developers counsel of Hillside Garden Estates, memorandum dated January 04, 2008 from the Fire Department indicating fire hydrant/fire alarm status of various developments in town, Memorandum from Administrative Assistance reminding Board that the annual reports for 2007 are due January 11, 2008, and Letter dated December 28, 2007 from applicant’s counsel for the Camelot project questioning the need for a traffic study and what they deemed as excessive charges for peer review.

 

Executive Session

MGL Chapter 39, S. 23B –Litigation

 

Ms. Gaudette explained the Planning Board would now go into executive session pursuant to Mass General Laws and will not return under regulation session.  Upon a roll call vote of 5-0 the Planning Board went into executive session.

 

The Planning Board adjourned regular session at or about 8:30PM.

 

Respectfully submitted,

 

 

R. Gary Bechtholdt II

Town Planner