TOWN OF NORTHBRIDGE

 

 ZONING BOARD OF APPEALS

21 Piedmont Street

Whitinsville, MA  01588

(508) 234-0819

Fax# (508) 234-0814

                       

Approved on June 11, 2009

 

 

 

 

ZONING BOARD OF APPEALS

 

MINUTES OF MEETING

 

MAY 14, 2009

­­­­­This meeting was called to order at 7:00 P.M. by Chairman Thomas Hansson.  Other members present were:  Diane Woupio, Carol Snow, Sharron Ampagoomian, William Corkum, Stephen Witkus, and Harold Hartmann.  Also present was Brenda Ouillette, Administrative Assistant.

 

A motion was made by Diane Woupio to approve of the minutes of April 9, 2009, motion seconded by Carol Snow, the vote being unanimous.

 

William Corkum and Sharron Ampagoomian did not vote on the minutes are they were not in attendance at the April 9th  meeting.

 

CONTINUED PUBLIC HEARING: CHAPTER 40B -13-CP-07 - COMPREHENSIVE PERMIT APPLICATION- GRANITE HILLS

 

This hearing was continued from November 13, 2008.  Meetings scheduled for December 11, 2008, January 9, 2009, February 12, 2009, were continued at the applicant’s request.     Due to the absence of one of the voting members on March 12, 2009, the applicant chose to continue until April 9, 2009.   However, on April 9, 2009 one of the voting members could no be in attendance and the applicant chose to request a continuance until this evening.  Previous meetings took place on August 9, 2007, and October 11, 2007, and September 11, 2008.   A meeting scheduled for September 13, 2007 was rescheduled due to the absence of one of the voting members.  Meetings scheduled for November 8, 2007, and December 13, 2007, and January 10, 2008, February 14, 2008, and March 13, 2008, and April 10, 2008, May 8, 2008, July 10, 2008, and August 14, 2008 were continued at the applicant’s request.   For the August 14, 2008 meeting, the applicant was given the option of continuing due to the advance notice of the absence of one of the voting members rather than substituting an alternate in his place, and elected to continue the hearing to a date when all voting members would be present.

 

This hearing is being held on the application of Granite Hills Development Corporation, 910 Boston Post Road, Suite 260, Marlborough, MA for a diversified housing project filed pursuant to MGL Chapter 40B Comprehensive Permit.   The property, located on Highland Street, consists of approximately 30 acres of land and as shown on Assessor’s Map 15 as Parcel 86.   The proposed project, known as Granite Hills consisting of 124 townhouse style condominium units within a Residential 2 zoning district is shown on a Definitive Site Plan entitled “Granite Hills” prepared by Heritage Design Group dated June 29, 2007, revised February 1, 2008,  March 3, 2008, and January 21, 2009, and February 27, 2009.

 

Members serving on this hearing and present this evening were Diane Woupio, Carol Snow, Sharron Ampagoomian, William Corkum, and Thomas Hansson.   Associate member Harold Hartmann was also present and he has also been present at all of the meetings concerning this issue.  Stephen Witkus was absent from the September 11, 2008 meeting.  Also present this evening on behalf the Zoning Board were Attorney Laura Pawle and Kenneth Hodgson, Cullinan Engineering.

 

Mark Anderson, Heritage Design Group, and Attorney Robert Knapik were present on behalf of the applicant.   Mr. Anderson stated that they had met with the Safety Committee on February 18, 2009 and the Safety Committee approved the project with conditions.  The revised plan shows a widening of Highland St. for a bus area to enable them to pull off the side of the road.   Another issue was a parking area for parents to be able to wait with their child for pick up or wait for their child for drop off.   The road will be widened an additional 8 ft at that point as indicated on the plan.  They will also construct a shelter for the children to wait for the bus in inclement weather.    They have created site line easements where they will clear the brush for adequate site distance.   

 

Board Member William Corkum asked Mr. Anderson about the additional off-street parking that was added.  Mr. Anderson stated that they added additional parking spaces for visitor parking as requested by Cullinan Engineering.   These will be done in phases with equal amounts in each phase.    The emergency road will also be cut at that time during the first phase of the project. 

 

Board Member Stephen Witkus asked about the percentage of 2 and 3 bedrooms.   Mr. Anderson replied 65% 2 bedroom units and 35 % 3 bedroom units.

 

Board Member Sharron Ampagoomian asked about the open space that was going to be deeded to the Town.   She asked if there would be any fees associated with the deeding of the open space and Mr. Anderson replied that there were none.

 

Board Member William Corkum asked about site distance at the intersection of Highland St. and Church St.  Mr. Anderson stated that there is a large tree that is on private property that should be removed but the owner does not want it taken down.   Mr. Anderson stated for the record that if at any time during this project the tree needs to be taken down, his client would be willing to have the tree removed at his expense with the permission of the owner.

 

Ms. Ampagoomian asked him to reiterate about the phasing of the project.   Mr. Anderson replied by stating that they are limited as to how much land they can expose at one time so the work will be done in phases.  The first phase will require a lot of earth and ledge removal.    A portion of phase 3 will be opened for storage and stockpiling.    He stated that before starting the 2nd phase, the entire first phase will be stabilized and that could be a condition as well.

 

Ms. Ampagoomian asked about the amount of blasting that would have to be done.   Mr. Anderson stated that the core drilling on the entire roadway has been done and they know the amount of material that has to be removed.    The blasting will be done in small increments according to state regulations under the supervision of the Fire Chief.   All of the owners of the homes within a 250 ft. radius will be notified prior to any blasting.   A pre-blast survey is done of every home and some of the closer homes will have seismic monitoring as well.   A post survey will be done also.  

 

Attorney Pawle asked about the open space and any agreement with the town.   Mr. Anderson replied that the open space that he referred to is not specific to this project.  There is an agreement in place to deed open space in the Hills of Whitinsville project and the Camelot project to the town.   Those are abutting projects under a Special Permit and that is a condition of the Special Permit.   He stated he would supply those documents to Attorney Pawle. 

 

Board Member Stephen Witkus questioned the second floor in the two bedroom units and stated that there is potential to make that a three bedroom.   Attorney Knapik replied that the second floor is a loft area and office space.  Mr. Witkus replied that regardless of what it shows on the plan, there is potential for a third bedroom.  Attorney Knapik replied that it could be conditioned that the unit remain a two bedroom.

 

Ken Hodgson, Cullinan Engineering, was present to discuss the report on their review of the project. He was filling in for Bill Richard.  He stated that there are only a couple of items that have not been addressed.   One of the items is retaining walls.   They noted that some of them are within the setback areas and if they are considered structures then variances will be required.   The response they received back from Heritage Design is that waivers will be requested.  This may require a change to the plan.   

 

Another concern was the marking of the fire lanes and to date he has not seen that on the plan.   The Board should make sure that is addressed on the plans.  Mr. Anderson replied that on roadway C, D & E there is a note on the plans that indicate that those will have signage for no parking and fire lane signage. 

 

Board Member Carol Snow questioned the off-street parking areas throughout the site development.  Cullinan’s recommendation was that some of the additional off-street parking spaces be relocated to accommodate all the units and meet the request of the Safety Committee.  Mr. Hodgson replied that it was his understanding that it would have been nicer to have the off-street parking better distributed within the site, but it was distributed in a reasonable manner.  That will be followed up on with a final report.  Mr. Anderson stated that on the recommendation of the Safety Committee they distributed additional off-street parking as best they could within the site.   The Safety Committee has not seen the revised plans.   Mr. Corkum stated that the report by Cullinan indicates that it is Cullinan’s opinion that the locations of the additional off-street parking spaces does not meet the request of the Safety Committee.  Mr. Hodgson replied that he would get a clarification from Bill Richard.

 

Board Member Sharron Ampagoomian expressed concerns with the parking availability for each unit.   Some of the units have a one car garage and parking for that particular unit would be the garage and one spot in front of the garage which means that one car has to be moved to get the other one out of the garage.   Mr. Knapik stated that 2 of the 5 style units have one car garages while 3 out of the 5 styles have two car garages.  

 

There were abutters present this evening expressing their concerns.

 

Michael Callahan, 305 Rumonoski Dr., asked if there was another Chapter 40B project that this could be compared to.   In order to get a more accurate impact on the town and the school system, the Board should look at a similar project.   Mr. Anderson stated that Liberty Estates in Uxbridge is similar.

 

John Meagher Jr., 137 Highland St. expressed concerns with the blasting that will have to be done and the impact on the existing brook in that area.   His house is probably outside the 250 ft. radius so he wouldn’t be notified.   Mr. Anderson stated for the record that his house will be included in the pre-blasting and post blasting survey.  As far as the brook goes, the blasting will be done in small increments so there should be little or no impact to the brook.  

 

Kim Darbro, 356 Rumonoski Dr., stated she would like to be notified prior to any blasting. 

 

Mr. Hansson asked Mr. Anderson if he had any objection to a condition that anyone wishing to be included in a pre-blast survey and post blast survey could be put on a list.  Mr. Anderson replied that he had no objection to that.

 

Ms. Darbro went on to state that the people on Rumonoski Drive have ongoing issues with sink holes.    With the amount of blasting that will be done, what will the impact of the blasting have on an already difficult situation.    Mr. Anderson stated that most of the blasting is down gradient from them and most of those homes will be included in the pre-blasting and post blasting survey.   She asked if the survey included the land beyond the foundation and Mr. Anderson replied that it includes the land, the foundation, and the interior. Videos and photographs are taken prior to blasting and after the blasting is completed.  It’s for his clients benefit as well as the owners of the abutting property. 

 

Claudine Spencer, 286 Highland St., expressed concerns with additional traffic on an already narrow road.   Vehicles travel at a high rate of speed on that road and they cannot even get out of their driveway as it is.   Adding more traffic will have a devastating impact on Highland St.

 

Ann Wright, 205 Highland St. expressed concerns with traffic.   She also expressed concerns with the amount of water that comes off of the hill.   If they build houses up there, her property will flood.   Her house is right next to the site and she has a private septic system.  She purchased the house last year unaware that this proposed project.  

 

Marlene & Louis Bernard, 230 Highland St. expressed concerns with the traffic as well.

Vehicles travel too fast on that road now and adding additional traffic will create more problems.   

 

Tina Girard, 55 Highland St. expressed her concerns with access onto Church St. from Highland St. with the increase in the amount of vehicles.   Also, Highland St. is a narrow, hilly, winding road with no area to pull off.  

 

Jonathan Osterman, 354 Highland St. expressed concerns with traffic as well. He also asked if the material would be crushed on site and how would they deal with the dust and what would be the hours of operation.   Mr. Anderson replied that the hours of operation would be a condition of the permit set forth by the Zoning Board of Appeals. 

 

Donna Meagher, 137 Highland St. expressed concerns with her septic system and artesian well and the effect blasting will have.  Mr. Anderson stated that they will do a quality and quantity test on the well prior to blasting as well as a quantity and quality test on the well about one month after the blasting and then one year after.

 

Board Member Sharron Ampagoomian addressed the audience by stating that the Board has the assistance of consultants and an attorney in making their decision.   Unfortunately, if this permit is denied it can be appealed and it could be taken completely out of the Board’s control.   At least if the Board grants it, they can condition the permit.   The Board is very sympathetic with their concerns and the existing conditions of Highland St.   The Board has to deal with this project or the state may be making all of the decisions.   The person who owns this property has a right to develop it in one way or another.   She urged them to contact the Safety Committee and Police Dept. if there are ongoing problems with speeding vehicles etc.  

 

Board Member Carol Snow asked who would be responsible if there were damages to some of the homes.   Mr. Anderson replied that the blasting company is responsible and their insurance covers any damages.  

 

Mr. Anderson addressed the audience and stated he respects their concerns and his client will work with them on all of their concerns including hours of operation, blasting, putting back vegetation, giving them some screened buffers etc.  But they have to remember that it is a developable piece of land.   Plans to develop this piece of land have been with the town in one form or another since 1996.  

 

Attorney Knapik asked that the Board close the public hearing and render a decision.    Attorney Pawle responded that it was her understanding at the last meeting that they would present a list of waivers for the Board to consider.   That has not been done yet.   With that in mind, she cautioned the Board in closing the public hearing as no additional information can be considered.    She recommended another meeting to go over the waivers and conditions they might want to impose on the permit should they vote to grant it.   Attorney Knapik then stated that in light of the comment, he would withdraw his request to close the public hearing this evening and be prepared to attend another meeting with a list of waivers, review a follow up letter from Cullinan Engineering, and review an initial draft of the decision. 

 

Charles Ampagoomian, 41 Henry St., asked that the Board consider the waivers very carefully and make sure the roadway is built to subdivision standards.   Attorney Pawle suggested that the Board review the subdivision rules and regulations and compare them with the waivers that will be requested.  

 

Board Member Sharron Ampagoomian asked if their was a mechanism that would enable the Board to revisit the project once the first phase is completed before the second phase is started in case a problem arises that wasn’t anticipated with the first phase.    Attorney Pawle replied that the Board can condition the permit in many ways.

 

A motion was made by Sharron Ampagoomian to continue the public hearing until June 11, 2009.  Motion seconded by William Corkum, the motion being unanimous.

 

Attested by,

 

 

 

Brenda M. Ouillette

Administrative Assistant

 

THESE MINUTES ARE SUBJECT TO THE APPROVAL OF THE ZONING BOARD OF APPEALS (Minutes approved on June 11, 2009)