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PB 12-7-11

Planning · Source meeting date: 2011-12-07 · Record 39694

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Source page 1

PLANNING BOARD MEETING 
WEDNESDAY, DECEMBER 7, 2011 
7:00 P.M. 
SALAH MEETING ROOM 
TOWN HALL 
 
 
MINUTES 
Present: Kristin Mirliani, Chairwoman, Jeremy Comeau, Vice Chairman, Gary 
Vinciguerra, George Jenkins, 
 
Also Present: Thomas Houston, PSC 
Winifred Smith, Secretary 
The Meeting called to order at 7:00 P.M. 
 
 
 Plymouth Landing 
1.First thing on the agenda is it has been adjourned at the 
th 
applicants request and will be on the agenda for January 4. 
 
 Next Item -530 Turnpike St. James MillerM&M Engineering 
2. -, 
 Proposed Development Plan. This is a site plan approval for a warehouse. 
The road is owned by the applicant owner NECI and they have granted 
easement right to the condo areas in the rear. He has asked Zoning for a 
variance regarding frontage and parking. He shows standard construction 
details on the site plan, he needs more details on that and some things have 
been left of the drawings. 
th 
Ms. Mirliani 
, asks if January 4 is o.k. for him to return 
th 
Mr. Miller 
 asks to come back January 18. 
 
 Next Item – Pine Knoll 
3. – Boathouse Road Lot Release 
Mr. Marathas has not arrived yet, a motion was made to move him to later on 
the Agenda – motion is seconded and passed 
 
 Next Item - Overlook Road 
4. – Attorney Richard Staiti – it is cancelled. 
 
 Next Item – Turtle Creek – 
5.Attorney Salliant takes a seat at the podium, Mr. 
Comeau reads two letters received the first of December, from seven abutters, 
in the vicinity of Wayside Lane, with questions and concerns regarding 
Village Gate Road. The second letter is from Attorney Mooney. 
 
Mr. Vinciguerra 
 reads a third letter from Attorney Mooney dated December 
th 
6 all letters were distributed to all board members and concerned parties. 
Attorney DeLello 
, states that he has received commentary for Mr. Houston’s 
office, it was a thirteen item submission, in large part we are in agreement. 
Mr. Houston 
 – this morning we verified his receipt of our letter. I will just 
address our memorandum, not having had a chance to review Mr. Considines 
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Source page 2

#1 
responses this relates to the applicants rights to utilize the Goodman 
property a letter was received from Mr. Goodman. We suggested a copy 
should be provided to Town Council for their review. 
Attorney DeLello #2 
– We have provided that to town council evidence prior 
to construction the agreement did occur. 
Attorney Saillent 
– Did receive a copy of the exchange agreement. 
Mr. Houston - #3 
comment 3 relates to an ANR Plan, the plan divides the 64 
acres, into 3 parcels, A,B,C, parcels A&C being created for the purpose of 
conveying those parcels to the Conservation Commission, for use as open 
space, the remaining parcel B is to be used to develop the “Turtle Creek 
Flexible Sub-division. Parcel B does exceed the minimum tract size required 
for Flexible Development in the SRAA district. 
Mr. Comeau – 
asks what would be done to the portion of the property where 
“Balancing Rock” is located. He asks if Mr. Considine has had a chance to 
speak with the Conservation Commission or Historical Commission. 
Mr.Considine 
 – states that he has not, he will defer to the Planning Boards 
best judgment. The issue is related to Item #3 Parcels A&C are going to be 
outside the Flexible Development, we intend to convey those to the 
Conservation Commission. 
Mr. Houston 
 –Parcels A&C should be conveyed at an early stage, also these 
two parcels would substantially preclude any access to 138. 
MrJenkins 
. – Asks if a right of entry would be obtained. 
Mr. Considine 
 – In order to convey these parcels to conservation requires 
town Meeting approval, which creates a logistical issue for me, making it a 
condition that it’s done prior to construction it may preclude me from 
developing this till after July of 2012. It’s all wetland, our drainage is 
contained within the remaining sub-division, and the issue is the timing. 
 MrJenkins 
. – town meeting action doesn’t be come law till the A.G. 
approves it. That could go into July or August. 
 Attorney Saillent 
– asks regarding Item #4 and the timing, fear of access to 
138 can’t that be handled in a different manner. 
 MrHouston 
. – It’s the principal, that the proposal be locked up legally at an 
early stage in the process. That idea is further reflected in comment#5 which 
mentions parcels A,C,D&E being conveyed. 
 MrConsidine 
. – We are open to any language counsel might suggest relative 
to limiting access over those parcels to 138 for any reason as it relates to 
Item#5 
 which is slightly different, parcels A&C not withstanding there are 
other parcels in the sub-divisions that are part of the Flexible Development 
have to be addressed one of those parcels contains all of our drainage and 
retention facilities that is part of the homeowners Trust and that stays in the 
Homeowners Association they are responsible for maintaining those systems, 
that was our understanding. 
Mr. Houston#6 
 - verification of open space in parcel B comprises 37.14% 
#7 
which exceeds the minimum required by the Zoning Law of 30%. 
verification of what we have defined as usable open space exceeds 15% of 
Parcel B and the usable open space as it is calculated excludes land 
 2