Scheduled:
7:00 PM Continuation of Site Plan Review for DPW Facilities and Fields - Bare Cove Park
8:00 PM Continuation of Site Plan Review for 224 Beal Street Back River Townhouses and Athletic Fields
9:00 PM Christina Estates at Baker Hill - Modification to Certificate of Action Regarding Lot 39
Old/New Business
Central Meeting Room South
Present: Planning Board Members, Susan Murphy, Clerk, Paul Healey, Sarah Corey and Tod McGrath. Also present was Planner Katharine Lacy.
Ms. Murphy opened the public meeting at 7:10 P.M. at the Hingham Town Hall.
RE: Continuation of Site Plan Review for DPW Facilities and Fields - Bare Cove Park
Present for the Applicant: Bob Garrity, DPW Building Committee; Paul Costello, Gale Associates; Jeff Dirk, Vanasse Associates; and Joe Stigliani, DPW Superintendent.
Ms. Lacy reported that Paul Brogna will not be in attendance at the meeting, but that he and she met with Paul Costello of Gale Associates, and he has prepared a memo indicating his satisfaction with the plans. Susan Murphy asked Ms. Lacy to report on what material was outstanding at this point. She responded that the applicant, through their engineers, have prepared a revised lighting plan, a new Hillside Terrace Impact Mitigation Plan and a proposed traffic mitigation plan addressing on and off site traffic issues.
Paul Costello, Engineer for Gale Associates, presented the revised lighting plan. Several of the lights closest to Hillside Terrace had been removed, and low bollard type lights were proposed for the entry drive. He stated that the lot would be lit from approximately dusk to 7:00 PM depending on the time of year. The only two lights that would remain on would be the two building mounted lights at the front and rear of the building.
Paul also presented the additional test boring information, showing that much of the site was ledge, and that it would require a significant amount of blasting to grade the site down any lower.
Michael Connolly, an abutter to the site, asked whether blasting would be required to install the site utilities. Mr. Costello replied that the utilities were now planned to be on top of the ledge, with no blasting required. If a blast were to be done they would be required to get a blast permit from the fire department, and conduct a pre-blast survey.
Jeff Dirk of Vannasse, Associates, presented additional traffic information, including a large map showing all area intersection, and a proposed traffic mitigation plan showing proposed improvements to the site exists out to Fort Hill Street.
Tod McGrath and Sarah Corey asked the engineer whether it wouldn't be the best solution to create a 4-way intersection from the bus depot area to the Greenbush Commuter Station. Mr. Dirk responded that this would be ideal, but that it would be difficult to implement this at this time because it was still unclear how the bus area would be disposed of.
Paul Healey expressed concern about the notion of school buses passing through the credit union parking lot. Mr. Dirk reiterated that this would be an option that would be available only if needed due to an influx of traffic coming from the Greenbush Station.
Mr. Healey asked if the improvement to Bare Cove Park Drive would involve full-depth reconstruction. Mr. Costello said that it would.
Attorney Thomas Patch spoke on behalf of several abutters. He stated that it would be premature to close the hearing any time soon, in that there had not been sufficient study of the potential traffic impacts of the project. He noted that the traffic impacts to Fort Hill Street could be very serious.
Mr. Connolly stated that he was concerned that the traffic study did not include Saturday PM counts, or counts on Fort Hill Street near Fresh River Ave. (these were prevented by ongoing construction).
Susan Murphy asked Joe Stigliani to provide an assessment of how well the new facility could accommodate future growth. Mr. Stigliani replied that he had estimated that the facility would already provide about 20% additional space, and that the site could accommodate an additional 15% expansion.
Sarah Corey expressed concern that this amount of expansion might not be sufficient. She noted that she was not saying that she thought additional building space should be needlessly provided, just that there should be space to provide expansion if needed.
Michael Connolly expressed concern that he had submitted a letter to the Planning Board and that it was not being discussed. Ms. Murphy responded that some of the issues raised in the letter provided to the Board was not within the purview of the Planning Board. For example, Mr. Connolly had pointed out that there is a 1973 Utilization Plan submitted to the National Park Service for Bare Cove Park. This plan was required as part of the Federal Lands for Parks Program, and will have to be modified if and when the fields are built. The Town has been in communication with NPS, and they have been instructed to wait until they get the permits before modifying the Utilization Plan.
Mr. Connolly went on to say that it was hard for the abutters to always be told that they had to hold their comments until the end of the hearing, and then be given only a very short amount of time. Sarah Corey concurred with this point, saying that she was not comfortable closing the hearing until all abutters had been heard. Ms. Murphy expressed concern that is they did not close the hearing and prepare their recommendation, the ZBA could close the hearing with no input from the Planning Board.
It was moved, seconded and SO VOTED, Sarah Corey voting "nay", to recommend that the ZBA approve, with conditions, the proposed development of a new Town DPW Facility and Athletic Fields (two soccer fields, two soccer/lacrosse fields, two baseball/softball fields, two basketball courts, a skate park and concessions building) to be located in Bare Cove Park and portions of School Dept Tract IV.
PROPOSED CONDITIONS
I. DPW Facility
A. Roadway and Traffic Improvements
In accordance with the "Conceptual Improvement Plan for the DPW Facility and Athletic Complex at Bare Cove Park" prepared by VAI on 11/30/05 ("Traffic Improvements Plan" attached as Exhibit A), the following site access and circulation improvements shall be implemented simultaneous with the development of the DPW Facility (please see recommendations for additional improvements if Athletic Fields work will be done simultaneously with or prior to the completion of all of the proposed DPW Facility work):
1. Widen the Bare Cove Park Drive approaching Fort Hill Street to provide two exiting travel lanes;
2. Improve the signs and pavement markings at the intersections of Fort Hill Street at both Bare Cove Park Drive and the School Bus Depot Drive.
B. Site Lighting
1. Lights shall be installed as shown on Lighting Plan WN-2A, prepared by Cooper Lighting and dated November 24, 2005 which shall be submitted as part of the final Plans, and recorded with the Special Permit.
2. With the exception of the low, bollard style lights lining the entry drive, and one building mounted light at both the front and rear door of the Administration Building, all site lighting shall only be used during hours of darkness when the building is in operation (7:00 AM-5:00 PM Weekdays), and as needed during emergency situations.
3. Standing lights used throughout the site shall not exceed 16 feet in height.
C. Screening
Vegetative screening and fencing in the portion of the site adjacent to Hillside Terrace shall be installed as shown on the "Revised Hillside Terrace Landscape Plan" prepared by Gale Associates and dated 12/05/05, which shall be submitted as part of the final plans and recorded with the Special Permit.
II. Athletic Fields
A. Roadway and Traffic Improvements
1. Prior to the commencement of work on the Athletic Fields phase of the project, the DPW Committee shall return to the Planning Board and Zoning Board of Appeals to re-assess traffic impacts and proposed mitigation taking into account any changes that have occurred since the issuance of this permit. This effort will include:
a. Performing new traffic counts at area intersections, including the intersection of the Greenbush Commuter Rail parking area with Fort Hill Street (if such parking area is operational); and
b. Assessing the desirability of (i) relocating and realigning the entrance to Bare Cove Park Drive along Fort Hill Street to the area now occupied by the School Bus Depot opposite the entrance to the West Hingham Station to form a four-legged intersection, (ii) closing of the existing access drive to the Depot, (iii) widening Fort Hill Street to provide a left-hand turn lane on the northbound approach to the new intersection, and (iv) installing an additional traffic signal which is synchronized with the traffic signal to be installed at the intersection of Fort Hill and West Streets. (See Exhibit B).
c. At a minimum, traffic modifications necessary in connection with the Athletic Fields should include the other proposed improvements shown on Exhibit A, in particular:
(i) Modify the Credit Union Parking lot access to Bare Cove Park Drive to function as a one-way exit to Bare Cove Park Drive.
(ii) Modify the access to the Credit Union parking lot from the School Bus Depot to provide definition of the driveway and to regulate and direct the flow of traffic entering and exiting the parking lot area. This modification would entail the extension of the curb lines along the north side of the School Bus Depot Drive parallel to the Credit Union building and the creation of a defined 24-foot wide access drive for the parking area.
3. Drawing on the information gathered pursuant to Condition A.1. (above), prior to the Athletic Fields becoming operational the Town, through a joint effort of the Police, the Recreation Commission and the Department of Public Works shall prepare a "Traffic Management Plan" with the goals of (i) reducing the coincidental peaking of traffic; (ii) allowing for the dispersal of traffic prior to the arrival of new traffic and (iii) assessing the need for Police detail officers and other traffic mitigation methods. This plan shall be updated on a yearly basis, or as otherwise required.
4. If the facility is to serve as the venue for a regional sporting event that may result in traffic volumes in excess of those projected and evaluated in conjunction with the permitting of the project, the event sponsor will provide an "Event Management Plan" for review and approval by the Hingham Police.
B. Site Lighting
Lights along the entry Drive into the DPW shall not exceed 16 feet in height.
C. Screening
As discussed by the DPW Building Committee in public hearings, the two existing cart paths leading from the southern side of the athletic fields area into the Conservatory Park neighborhood shall be planted with mature trees, with the overall effect of blocking access and screening visual impact to abutting residential properties.
III. Other
1. The Town was given the Bare Cove Park property under the Federal Lands to Park Program, which is now administered by the National Park Service. Upon receipt of the land, the Town was required to prepare a Utilization Program specifying all of the uses planned for the property, none of which included athletic fields or access to a Town DPW. Therefore, prior to the commencement of any work on the Athletic Fields, the Town shall get approval for a modified Utilization Plan from the National Park Service, per the requirement of the Federal Land to Parks Program.
2. A review of final, stamped plans shall be conducted by the Town's engineer prior to the issuance of building permits for the site.
3. Hours of construction shall be limited to 7:00 AM to 5:00 PM Monday through Saturday, exclusive of major holidays.
RE: Continuation of Site Plan Review for 224 Beal Street Back River Townhouses and Athletic Fields
Present for the Applicant: Dan Orwig, Landscape Architect.
Mr. Orwig presented a proposed planting plan for the site. He indicated that all screening shown on the plan would be done using mature trees, some of which would be purchased, and others gathered from the site, and others donated from needed clearing in Bare Cove Park. Each dwelling unit would have immediate views and access to open space, and a private courtyard type entrance. To the fullest extent possible, larger maples, oaks and cedars on the site will be
maintained. The drainage basin would also be planted with trees to create a naturalistic appearance.
Board members expressed concern that Mr. Orwig's plan was based on a much earlier iteration of the site plan, prior to many revisions, dating back to August 2005.
Ms. Murphy expressed concern that no one else appeared before the Board on behalf of the applicant, especially in that there were several outstanding issues yet to be resolved. At that point the Board set forth in preparing their recommendation to the ZBA.
Ms. Corey left the meeting midway through the discussion prior to votes being taken.
At approximately 10:45 PM, it was moved, seconded and SO VOTED, unanimously, by those present to send the following two recommendations to the Zoning Board of Appeals, one for the permit application from Mr. Hastings for the Condos, and another for the Beal Street Athletic Fields.
Recommendation for Back River Condos
At a regularly scheduled hearing on December 5, 2005, all members of the Planning Board present (Susan Murphy, Paul Healey and Tod McGrath) voted to recommend to the Zoning Board of Appeals that they approve, with conditions, the proposed Back River condominium development proposed by applicant Thomas J. Hastings. The applicant is seeking a Special Permit A-2 under Section III-A (1.6) of the Zoning By-Law for the development of 45 townhouse condominiums on 7.5 acres of land located at 224 Beal Street (the current site of Project Turnabout).
Recommended conditions and associated discussion are based on information gathered through the Site Plan Review process, including public hearings held on September 19, November 7, November 28, and December 5, 2005. A site visit was conducted by the Planning Board, with the applicant and others present, on November 12, 2005.
At the end of the Planning Board's hearing on November 28, 2005, a number of critical issues, including the layout of the affordable housing units and approval by the Hingham Fire Department, were still left open and the hearing was continued until December 5, 2005. While the applicant had indicated that he may not be available on December 5th, neither the applicant's attorney nor engineer appeared to address the open issues and the sole representative on behalf of
the applicant was the landscape architect who presented a landscape plan using an August version of the site plan that has since been considerably modified by the applicant. In addition, the applicant submitted − on the day of the December 5th hearing − "revised" site plans showing none of the changes discussed at the previous meetings or the changes requested during the previous week by the Fire Department. Unfortunately, the applicant's failure to work cooperatively with applicable Town Boards adversely affects the integrity of the Town's permitting process.
As set forth below, the proposed conditions in this recommendation are consistent with the requirements of the zoning by-law and the comments received from the Hingham Fire Department and PSC, PC the review engineer engaged by the Zoning Board of Appeals. Likewise, the discussion of the project was conducted consistently with all other projects reviewed by the Planning Board as may be evidenced by audio recordings of such hearings.
PROPOSED CONDITIONS
A. Compliance with Affordable Housing Provisions of the Zoning By-Law
1. Section IV-E (5) c states that "The number of studio, one, two or three bedroom Low and Moderate Income dwelling units shall be in direct proportion to the number of one, two or three bedroom market rate units." The plans submitted by the applicant show all of the five affordable units as two bedroom units. The market-rate units as shown on the submitted plans were designed and presented, and are intended to be marketed, as three bedroom units. When the by-law provisions referenced above were raised, the applicant suggested that the three-bedroom market-rate units could be converted to "two bedrooms and a den". Such a response/approach is inappropriate, as it would not change the actual layout of either the market-rate or affordable units and would not be consistent with the intent or spirit of the By-Law. This is true because each of the so-called "dens" could be easily marketed by the applicant and/or converted to bedrooms by unit owners after purchase, without the knowledge of either the Condominium Association or the Town. The unit mix must be modified to comply with the By-Law.
2. Section IV-E (5) d (i) states that "Low and Moderate Income Housing shall not be segregated on the site." The plans submitted by the applicant show all five of the affordable units on the northern half of the site, with three of the affordable units included in the cluster of seven units closest to Beal Street. The plans must be revised so that the affordable units are distributed more evenly throughout the site and final approved plans should designate the specific location of such units.
3. In accordance with Section IV-E (5) d (iii), Low and Moderate Income Housing "shall be constructed simultaneously and in the same proportion as the construction of market rate dwellings in the development". The applicant shall submit a construction-phasing plan indicating compliance with this requirement.
The provisions of IV-E (5) e mirror the provisions of IV-D (7) f, g, h, and i governing Flexible Residential Developments (FRDs). In connection with recent special permits issued for FRDs, the following five conditions were incorporated in our recommendations and are similarly recommended in connection with this application:
4. The applicant shall be obligated to work with all necessary Town Boards to procure whatever permits or approvals as needed to ensure that the affordable units will be eligible for inclusion on the Statewide Inventory of Affordable Housing. The procedure for the sale of the Moderate Income Housing shall be in writing and approved by the Hingham Housing Authority (or such other board or authority granted jurisdiction over affordable housing units by the Town), prior to the issuance of a building permit for the site.
5. The five affordable units shall have a Use Restriction in perpetuity, including provision for the satisfaction of requirements in 760 CMR 45.03 (Department of Housing and Community Development's Local Initiative Units Program). The Use Restriction must be
signed by the applicant, the Town of Hingham, and the monitoring agent, and recorded with the condominium documents and expressly incorporated into the deed of each affordable unit, consistent with customary affordable housing practice.
6. The applicant shall enter into a monitoring services agreement with the Hingham Housing Authority, (or such other board or authority granted jurisdiction over affordable housing units by the Town) who will act as monitoring agent for the project. Services to be performed by the monitoring agent shall include but not be limited to:
a. review and approval of the affordable units sales price, and their exterior similarity with the market rate units;
b. review and approval of the affirmative marketing plan for the affordable units; and
c. review and approval of the selection process for the affordable units in accordance with Section IV-E (5) e.
7. All documents necessary in connection with the Local Initiative Program including, without limitation, the Use Restriction, Monitoring Services Agreement, the Deed Riders for the affordable units, and any provisions which may be required in the condominium documents relating to the affordable units, shall be provided to the Zoning Board of Appeals for review by Town Counsel.
8. The applicant shall be responsible for the completion and submittal of the Local Initiative Units application to the Department of Housing and Community Development per 760 CMR 45.03, and whatever modifications are necessary to insure that the units are included on the Statewide Inventory of Affordable Housing.
B. Public Safety
Project plans show a density of 6 units per acre. Compared with The Meadows (1.2 units/acre), Whiting Lane (4.4 units/acres) and Lincoln Hill/Adams Court (5.6 units per acre), the proposed Back River Condominium presents a nearly urban type of density. The tight nature of the site layout is compounded by the relatively high building coverage (23%). While the Planning Board takes no issue with the proposed density of the development itself, it is extremely concerned with the potential risk to public safety posed by the current site and roadway layout. In particular, there is no way to turn a vehicle around on the two dead end roadways (Heron Way and Osprey Way) other than, as suggested by the applicant, backing into a private driveway. The following conditions are recommended to appropriately segregate vehicular from pedestrian travel, promote slower and safer automobile circulation, and facilitate emergency access.
1. The applicant shall revise the plans to show a loop road connecting Heron Way and Osprey Drive. Such a loop road was requested by the Hingham Fire Department in a letter to the Zoning Board of Appeals received December 5, 2005 (Exhibit A). While the Fire Department has indicated that, for fire safety purposes, the Department might accept a fire lane, both the Fire Department and the Planning Board believe that a fully-paved loop road is needed to facilitate safe vehicular circulation for passenger vehicles, delivery trucks and emergency vehicles. A revised site layout prepared by the Planning Board showing how this could be accomplished, while protecting abutters concerned about the potential roadway with appropriate screening (as is proposed elsewhere throughout the site), is shown in Exhibit B.
2. Back River Road shall be narrowed to 20' in width, and a four-foot sidewalk added to one side as shown in Exhibit B.
3. A gate shall be placed at the end of Back River Drive to prevent the use of the emergency access road as a cut through to the athletic fields parking lot and Beal Street. Such gate shall be controlled by the Police and Fire Departments using an Opticom device (or the like), installed at the applicant's expense, in accordance with the HFD memo attached as Exhibit A.
4. Prior to the issuance of building permits, the applicant shall prepare a snow storage/removal plan for review by the Zoning Board of Appeals and the Hingham Police Department.
C. Visitor Parking
The current plan, while providing adequate dedicated parking per unit, includes no provision for off-street visitor parking. The applicant stated in his presentation that on-street parking will be
prohibited within the development in response to concerns raised by the Hingham Fire Department. Yet when asked where guests would park if a resident were to host a social event, the applicant had no response other than that they could park illegally in the roadway or in the parking lot serving the athletic fields and Bare Cove Park, which is a considerable distance from many of the units and is unlikely to be fully plowed in winter or actually utilized by most guests. In order to prevent dangerous obstructions of the roadway, the plan should be revised to show at least 10 visitor parking spaces.
As shown in the chart below, all of the other "Town House" style projects built in Hingham in the last twenty years have been required to provide visitor parking in addition to dedicated unit parking. The lowest ratio of visitor parking spaces is at Whiting Place, which was built pursuant to a Comprehensive Permit under Chapter 40B.
#acres #units Units per acre Width of roads Designated Unit Parking Visitor Parking Visitor Parking per Unit Total Parking
The Meadows 45 55 1.22 20' 90 55 1.00 145
Lincoln Hill 2.5 14 5.6 18' 28 14 1.00 42
Whiting Lane 5.4 24 4.4 20' 48 6 .25 54
Back River 7.5 45 6.0 24' 150 0 0.00 150
D. Landscaping and Improvements to the "Dagger" Parcel
1. The applicant shall incorporate all landscape architectural features as set forth in the letter prepared by Orwig Associates and dated October 19, 2005 (Exhibit C)
2. The project landscape architect presented a plan to the Planning Board which did not reflect the current site plan under consideration. The applicant shall revise the landscape plan using the final project site plan as a base, and provide such plan to the Zoning Board of Appeals prior to the issuance of any building permits.
3. In accordance with discussions between the applicant and the Hingham Bare Cove Park Committee relative to the Committee's approval of use of the "dagger" for drainage purposes, the applicant is to perform the following work in accordance with a memo from the Committee dated 10/13/05:
a. The applicant will remove all debris, refuse, and trash from the dagger area.
b. The applicant will remove the existing sewer line and catch basins that run through the middle of the dagger.
c. The applicant will remove the existing pavement on the south edge of the dagger, now known as Sheltry Path.
d. The applicant will, once grading is complete on the dagger, replant it with natural grasses, shrubs, and trees, so as to blend in with the surrounding area.
e. The applicant, or its successor, will be responsible for maintaining the drainage easement and landscaping on the dagger.
f. The applicant will, upon approval by a designee of the Committee and a representative of the Hingham Tree and Park Department, transplant certain existing trees and shrubs from Bare Cove Park, to better screen the new homes, roadways, and driveways from Bare Cove Park, and vise versa. The applicant will also trim trees, shrubs, and deadfall along the edge of the Weymouth Back River, to create an open view and river access, as agreed to by the designee of the Committee. In addition, the applicant will create two open vistas along Back
River Path, at the south end of Bare Cove Park, through the selective removal of low-lying tree branches and other ground brush.
E. Construction Issues
1. To determine compliance with height requirements set forth in Section IV-B 16 of the Zoning By-Law, prior to the commencement of any site work (including without limitation, any clearing, cutting, filling or grading), the pre-construction grade at each building site must be certified by a registered professional engineer or land surveyor and delivered to the Zoning Board of Appeals and Building Commissioner.
2. The applicant has indicated that the project will require a large quantity of fill delivered to the site. All trucks will arrive at the site from Route 3A via William B. Terry Drive or Beal Street or other such route as approved by the Hingham Police Department. Construction deliveries are expressly prohibited from traveling to or from the site along the portion of Beal Street south of William B. Terry Drive or through other residential areas in Town.
3. Hours of construction shall be limited to 7:00 AM-5:00 PM Monday-Saturday, and exclusive of major holidays."
Recommendation for the Beal Street Athletic Feilds
It was moved, seconded, and SO VOTED, by all members of the Board present (Murphy, McGrath and Healey) to recommend that the ZBA approve, with conditions, the application of the Hingham Board of Selectmen for the proposed development of athletic fields and associated facilities on the Town-owned property on Beal Street subject to the Development Agreement with Thomas J. Hastings. The applicant is seeking a Special Permit A-1 under Section III-A, 3.5 and a Special Permit A-2 under Section A-2 (parking determination), along with several variances from the dimensional requirements set forth in Section IV (A) and IV (B) of the Zoning By-Law. In accordance with such Development Agreement, Mr. Hastings is contractually obligated and will be fulfilling the obligations of the applicant.
The proposed project, as shown on site plans entitled "Town Ball Fields Work Plan" prepared by Coler and Colantonio on October 27, 2005 and revised as noted.
Recommended conditions and associated discussion are based on information gathered through the Site Plan Review process, including public hearings held on September 19, November 7, November 28, and December 5, 2005. A site visit was conducted by the Planning Board, with the applicant and others, on November 12, 2005.
RECOMMENDED CONDITIONS
A. Public Safety
1. The application provides for low-profile lights in the parking area serving the fields and the Bare Cove Park. A memo from Chief Carlson expressing concerns with the proposed low-profile lights is attached as Exhibit A. Specifications for site lighting and fencing must be modified for approval by the Hingham Police Department and by the Hingham Department of Public Work and resubmitted to the Zoning Board of Appeal.
2. Per a request from the Hingham Police Department, an entrance gate or fence opening shall be constructed in the chain link fence on Beal Street and at the rear of the Ball Fields facing Hingham Mutual. The location of these gates will be designated by the Hingham Police Department and Fire Department prior to completion of the Ball Fields.
3. A stop sign and stop line shall be provided at the site exit on Beal Street
4. A left hand turn lane shall be added to Beal Street for westbound vehicles trying to enter the site.
B. Irrigation
Irrigation for the fields is to be installed pursuant to the Development Agreement, but the manner of the irrigation is not specified. In addition to the pipe infrastructure that is necessary to tie into
Aquarion Water Company facilities, the drilling of a sufficient number of irrigation wells should also be required to irrigate the athletic fields. Preliminary estimates indicate that drilling such
wells to supplement or replace irrigation from the public water supply may save the Town in excess of $250,000 over the next 50 years (see Exhibit B).
C. Site Design
1. The play area must conform to 521 CMR 20.2.1 and conform to the Architectural Access Board's accessibility requirements.
2. There is a large alley of mature deciduous trees lining the current site drive into the PAL field area, in what will be, when redeveloped, an informal field for games such as T-Ball, Frisbee or pick-up football or soccer. In light of the planned use for this field area, it appears that approximately eight of these trees (four on the southern end and four on the northern end) could be preserved. These trees (shown on Exhibit C) shall be assessed for long term health by the Town's Tree and Parks Division prior to any site work, and if healthy, preserved and maintained in their current location.
D. Construction Issues
1. A final, stamped plan will be provided to Town for review by the Town's consulting engineer prior to initiation of project construction.
2. The Demolition Plan, Grading Plan and Layout Plan shall be revised to show tree protective fencing around all existing trees to remain.
3. The developer, Thomas J. Hastings, shall establish a credit facility in the amount of $2000 from which the ZBA or Building Commissioner may draw funds to pay for engineering services to review construction in progress, to determine that it is being built in accordance with the plans and standard engineering practices. The developer shall deposit additional funds as necessary to maintain the balance, however, in the event that the developer disputes the need for any portion of such services, or the projected cost thereof, he may return to the ZBA for resolution. At the conclusion of the construction period any balance remaining in the account shall be returned to Thomas J. Hastings. Please note that provision for a review engineer representing the Town to oversee work was calculated into the value of the improvements to be provided to the Town (see "Clerk of the Works" entry at the end of Exhibit D attached hereto) and therefore is not an additional expense to the developer.
4. Hours of construction shall be limited to 7:00 AM-5:00 PM Monday-Saturday, and exclusive of major holidays."
RE: Christina Estates at Baker Hill - Modification to Certificate of Action Regarding
Lot 39
The Board reviewed a letter from Attorney Jeffery Tocchio on behalf of the applicant, the owner of Lot 39 Baker Hill Drive. The owner would like to switch his driveway access from Private Drive A, as shown on the approved subdivision plans, to Private Drive B. The Certificate of Action (Section V-12) spells out exactly which lots can access which drives, so this requires a modification. The revised lot layout has been reviewed by the BOH to determine whether grading will impact site drainage. The revised site layout will prevent a very steep driveway.
It was moved, seconded, and SO VOTED, to approve the proposed modification to the Certificate of Action.
RE: Old/New Business
It was moved, seconded, and SO VOTED, unanimously, by those present to accept the minutes of November 28, 2005.
Board members reviewed a memo from DHCD regarding the Erickson Count indicating DHCD recognition that 25% of the units count. Ms. Lacy noted that it was her understanding that the Selectmen are planning to move forward with litigation to get 100%.
The meeting adjourned at 11:15 PM.
Respectfully submitted,
Katharine Lacy
Town Planner