Canton, Massachusetts · Saved source text

PB-11-7-07

Planning · Source meeting date: 2007-11-07 · Record 30973

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TOWN OF CANTON
PLANNING BOARD
MINUTES OF MEETING
TOWN HALL
MEETING ROOM
WEDNESDAY
NOVEMBER 7, 2007
Members present: George Jenkins, Chairman, Jeremy Comeau, Vice Chairman, Dean Miller,
Jillian Hayes, Clerk and Christopher Connolly.
Thomas Houston from PSC was present.
Meeting came to order at 7:03 P.M.
Suzanne Feigen, Secretary
"CITIZENS SPEAK"
No one wished to speak.
The Chairman applauded the Board on the handling of the Workshop held and the concerns of
the School Committee.
1. 943 WASHINGTON STREET SUBDIVISION "THE LEDGES"
MINOR MODIFICATION-LAND COURT CHANGE/CEC ENGINEERING
Patrick Considine was present with a copy of the plan. This is a land court parcel. Originally,
they had subdivided this lot with the existing house through the ANR process. The remainder
land was subdivided through the subdivision process. What is before the Board tonight, is
what the Land Court approved. What is before you is the mylars with changes required by the
Land Court for your signature.
Upon a motion made by Mr. Comeau and seconded by Mrs. Hayes, that this is a minor
modification of the subdivision plan, The Ledges, of 943 Washington Street, dated
10/29/07, be deemed a minor modification, the Board voted 5-O in favor.
Upon a motion made by Mr. Comeau and seconded by Mrs. Hayes the Board endorsed plan
of land dated 10/29/07 for the Ledges by a vote of 5-O in favor.
2. ANR PLAN-ENDICOTT PLACE, PATRICK CONSIDINE/PAUL BRODMERKLE, ENG.
Considine Development had purchased this location, Parcel 146 containing 18,400 s.f. and
Parcel 147 purchased by Village Gate Realty Trust, having 6,230 s.f. This is a redivision and
transfer of property to create Lot lA -10,000 s.f. and Lot 1B- after division is done, containing
13,600 s.f. Both will have frontage of 75' on Endicott Place. Both will have access B on Endicott
Street and Endicott Place.

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What they are proposing is a combination of the existing parcel 147 and take some of the land
from the existing address, 14-16 Endicott Place to be combined with the Village Gate Entity to
create a new lot.
Mr. Jenkins stated that they could, if they wanted, take frontage on Endicott Street.
Mrs. Hayes had a question, as it is proposed, it is not clear as far as the mylar is drawn.
The Board looked at the mylars.
Mr. Houston asked if there was any reason to execute the first plan?
Mr. Brodmerkle stated they would like the two properties to be in separate ownership.
Upon a motion made by Mr. Comeau and seconded by Mr. Miller to endorse this plan of
land dated November 5, 2007, for plan of land on Endicott Place, the Board voted 5-O in
favor.
Upon a motion made by Mr. Comeau and seconded by Mrs. Hayes to endorse the second
plan dated November 5, 2007 for Endicott Place, the Board voted 5-O in favor.
3. WASHINGTON COMMONS SUBDIVISION-BOND SET-STEVEN DAVID, ESQ.
Mr. David was present tonight to explain that he has completed most of the roadway. The
consultant has been contacted in order to provide an estimate to complete plus a 15%
contingency, for a total of $164,000. The Bank of Canton has this money, and he is here for the
Board to sign the Tripartite Agreement. He will hold off on completing the road until most of the
residential construction is done.
Upon a motion made by Mr. Comeau and seconded by Mr. Connolly to sign the Tripartite
Agreement dated November 7, 2007 for Washington Commons LLC the Board voted 4-1 in
favor. Mr. Miller opposed.
Mr. Miller asked if this has been reviewed by the Town's attorney.
Mr. Houston stated that there is not a problem with the dollar amount, and in fact he is very
pleased with the quality of construction. Mr. David has been very cooperative as has his
contractor. It may be possible to vote on this and wait for any comments that Town Counsel
may have.
Mr. David left out Lot 9 in the lots to be released. Lot 9 will be held by the Town.
Mr. Miller is reluctant to sign off without Town Counsel's advise.
Mr. David stated that this document and the language is taken out of the State Statute.
Mrs. Hayes asked about the hill. Mr. David stated that he cleared the debris at the bottom of
the hill, and regraded the hill, loamed and seeded it with a special mat sod that there will not be
any further erosion. As far as policing the hill, he has spoken to the cemetery people and he will
put up a temporary fence. He has a gate at the subdivision entrance that is locked in the
evening. Mr. Miller would like signs put up. He agreed.
4. INFORMAL DISCUSSION: "VILLAGE HOUSING OVERLAY DISTRICT" RICHARD
STAITI, ESQ./RICHARD BUCCHIERI
Mr. Staiti is here tonight representing the Bucchieri family. He is here tonight to re-acquaint the
Board with this project. The Board voted the VHOD in 2002.
This location is on Turnpike Street, next to 465 Turnpike St. He brought to the Board a
rendition of what they propose to build. The housing style they may use was shown to the
Board. It is a combination of Town Houses with a 30 buffer around the area. Frontage is
achieved by the Turnpike St. entrance, a 120' requirement. There will be a gate located inside
the entrance. Two lanes, one for going in and one for coming out will be provided.
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There will be a 50' right of way, sidewalks along the entire complex for walking and pedestrian
traffic. 15% is set aside for affordable units with a Canton preference of 30% set aside for
Canton residences after the issuance of the first certificate of occupancy, in effect for one year.
The design of the buildings will not exceed 35'. They will be bringing in a plan with no waivers or
variances. There will be a condominium association; rubbish and street maintenance and street
lighting will be done by them. All units will have sprinkler systems. Parking requirement is two
spaces per dwelling and will be achieved.
Mr. Jenkins spoke about parking on the easement in front. He suggested if possible, to have a
break- away gate for a secondary exit. It could be across the Sheet Metal property.
Mr. Miller asked how long the roads were.
Mr. Bucchieri stated that the road coming in is about 1260 lin.ft.
He asked what the regs. were on subdivision length.
The By-law speaks to the primary access and a secondary access.
They will present a traffic study when filing the plan. They will file for a State curb-cut also.
Mr. Miller asked there were problems with drainage on that part of Rte. 138. He would like
improvements there if possible.
Mr. Staiti welcomes any thoughts or comments from the Board. The DeCelle Group will
engineer this plan. He thanked the Board for their time.
GENERAL BUSINESS:
Mr. Leary asked if any articles will be submitted by the Planning Board.
Mrs. Hayes commented on whether she should work on an article for the Planning Board.
Mr. Comeau, speaking on this topic, stated that it has always been that there be one article for
the Town Meeting. They will do their best to work with Napleton.
Correspondence was received from the electrical inspector, Paul Reynolds and his asking about
the control on the off switch on lights.
Mrs. Hayes will write up what Mr. Reynolds wants to be included in the Rules and Regulations
and then hold a Public Hearing in order to insert into the Rules and Regulations.
Mrs. Hayes went over a list of open subdivisions and various members were appointed to certain
subdivisions, so that if there is a problem with anything of the open subdivisions, then that
point person will be notified, through the office, to handle any concerns. The members were
assigned through the proximity of where they live. Mr. Jenkins feels that the only ones we
should be involved with are Flex. Developments and subdivisions. This list will be included in
the data base.
Mrs. Hayes updated the Board on Master Plan Monitoring Committee. They had another
meeting, and at this point, they have met with various boards and committees.
She asked if there are any other Zoning articles to present, for instance, build factor, Parks
Recreation and Open Space District. Mr. Comeau commented about this and he feels that
before an article is submitted, he will notify the owners to those parcels designated in the
PROSD.
Mrs. Hayes spoke about tightening up the language on buildable area. It is too vague in the
CCEOD. She will work with the Town Counsel on this.
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Mr. Miller thought to update the language in the CCEOD.
On the Engineer Review process, that first concerned Mr. Salah, Mr. Comeau thought Jill should
sit down with Tom Houston and Mr. Salah, and come back to the Board with a recommendation.
Mrs. Hayes was asked to come up with guide lines on administrative process of the site process.
Mr. Houston mentioned that under the Subdivision Control Law, the Board can adopt
administrative regulations.
At this time, Mrs. Hayes wanted to know if there was any interest in the Board for reorganizing?
Mr. Comeau feels that we went over this three or four weeks ago, and they chose to keep the
same composition. He feels comfortable with the composition of the Board at this time.
Mr. Connolly thinks that the timing is off.
Mr. Miller felt that dropping the ball with Steven David was an embarrassment to the Board.
Mr. Jenkins disagreed.
Mr. Miller was sorry that he didn't feel that way, because he should, he stated.
Mr. Comeau said that it was sent to Town Counsel.
Mr. Jenkins has seen this type of document, Tripartite Agreement, many times, in the same
identical form.
Mr. Miller went to say that that wasn't the question. The question was whether we should
submit the Town to that, and we need Town Counsel to rule on that.
Mr. Connolly will take this Tripartite agreement to Town Counsel on Monday afternoon, when he
has scheduled hours of meeting with public officials.
Mrs. Hayes stated that in the past if there was any legal agreement, we always said that we
should have Town Counsel look at it. Mr. Jenkins stated we never send Covenants before, and
that is a legal document.
Mr. Houston mentioned that these, Tripartite Agreements, used to be used all the time. If we
looked back 8-10 year range, we would find many examples.
Mr. Miller stated that just because it was used in the past, the law changed.
Mr. Comeau feels that just because of that, he doesn't think we should reorganize.
Upon a motion made by Mr. Comeau and seconded by Mr. Miller that we have no further
reorganization this evening and to adjourn, if no other business.
MINUTES:
October 3, 2007: typo: pg.5 waste; Meeting ended at 9:00 P.M.;p. 3 Historical buildings in the
Zoning document;p. 4 last sentence: Mr. Miller would not like to compromise on that.
Upon a motion made by Mrs. Hayes and seconded by Mr. Comeau to approve the minutes
of October 3, 2007 with corrections, the Board voted 5-O in favor.
Upon a motion made by Mr. Comeau and seconded by Mrs. Hayes, to adjourn the meeting at
8:30 P.M., the Board voted 5-0 in favor.
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