Canton, Massachusetts · Saved source text
May 17, 2006
Saved text from 2 of 6 source pages. Transcription and OCR may contain errors; verify figures and wording against the original.
Source page 1
- 1 - TOWN OF CANTON PLANNING BOARD MINUTES OF MEETING TOWN HALL WASHINGTON S1. WEDNESDAY May 17, 2006 Members present: George Jenkins, Chairman, Jeremy Comeau, Vice Chairman, Jillian Hayes, Clerk, Dean Miller, Chris Connolly. Suzanne Feigen, Secretary The meeting came to order at 7:05 P.M. A letter was received today from Patrick Garaghty responding to a letter sent to him from the Board and he is withdrawing his request. His objections still stand on how the meeting was handled. CITIZENS SPEAK: No one wished to speak. 1. ANR PLAN-WAMPATUCK COUNTRY CLUB-PAUL SCHNEIDERS, ESQ. Attorney Schneiders stated that this is a simply swap between Wampatuck Country Club and his clients who live next door. Mr. Glossa drew the plan up. Upon a motion made by Mrs. Hayes and seconded by Mr. Comeau to endorse a plan of land on Wampatuck Country Club Road dated March 31, 2006, the Board voted 5-0 in favor. 2. ANR PLAN-HEMINGWAY DRIVE-WILLIAM THEODORE Mr. Theodore was present and wishes to cut a piece of his land off. The Board asked if he could make the water easement 10' wide instead of 5'. He agreed. Mr. Miller asked if we should name the Lot to Parcel or the non-buildable Lot 3 to Parcel 3. He agreed. Upon a motion made by Mr. Comeau and seconded by Mr. Miller to endorse a plan of land dated 5/4/06, the Board voted 5-0 in favor. 3. DEFINITIVE SUBDIVISION-'TURTLE CREEK' AT VILLAGE GATE ROAD-PATRICK CONSIDINE DENISE MOYNIHAN, ESQ. CONTINUED (DUE 6/11/06) Mr. Connolly recussed himself from this hearing at 7:15 P.M. Pat Considine, applicant, Ken Bouffard, CEC Engineering, Denise Moynihan, Esq., Fred Guizell, Wetlands Consultant, Dan Golanski, Traffic Solutions, Traffic Consultant were present. Atty. Moynihan reported that they have had a meeting on May 4, 2006 at Mr. Houston's office. Present at that meeting were Mr. Houston and Dave Sanderson, Ken Bouffard, Pat Considine, and Atty. Moynihan. They went over the responses from PSC. Most of the issues have been settled to the extent possible. Some of the matters are refinements. 1
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- 2 - Mrs. Hayes indicated that they did not get the Preliminary because of the X-Mas Holiday. That is why it did not get acted upon, she stated. Mr. Jenkins reiterated that the consensus of the Board at the last meeting was that they were interested in pursuing going forward with a Flexible or cluster development. Mr. Considine stated the purpose of this plan was to refine and correct all of the issues that may have been wrong with this plan for the purpose of identifying that they could build 27 lots on this site without waivers. They have come to the conclusion that this is the case. Mr. Houston commented on the plan that the plan has resolved or has indicated the feasibility that the remaining issues can be resolved. Outstanding the engineering review, is the question of whether there is access at the end of Village Gate Road. That is a legal question. He thinks the plan fully conforms. The remaining issue is that there is a provision in the rules and regulations that say you can only connect to a public street where it conforms to the rules and regs. The grade on Lynn St. is questionable, but they have taken steps to improve the grade. He judged that they have 27 lots at this juncture. Mr. Miller asked if they have been before the Conservation Commission. They have not. He is interested in their feeling on Lot 26-27 and if they infringe on the wetlands. Mr. Houston commented that they are right that they could impact the wetlands, but there is nothing shown on the plan that would indicate that Con Com could deny development of those properties. There could be mitigation on the wetlands. Audience: Hillary Blockner, Village Gate Road has a statement that she will give to the Board. She mentioned the Lynn St. lot where the road will go. She asked if Lot 13 on Lynn St. could be changed in size. Also asked was on Parcel A, will the Board be approving a subdivision with Parcel A. Village Gate Rd. and Lynn Rd. are Private Ways. She has investigated and found that these street have never been accepted by the Town as a Public Way. She stated that this was verified by the Town Clerk. In 1976 there was an Article at the A TM to accept Village Gate and Lynn St. as public ways. The article did not pass. These ways are private, she states. If these legal points are not clarified that Mr. Considine has legal right of access for all of his lots to use Village Gate and or Lynn St., than the Board should deny his plans and should do so within the 90 days approval period when the plans were filed. She cites certain court cases. Southwich vs. Plvmouth P.B. 1965. Mr. Jenkins stated that this Board does have the authority and the power under Flex. Residential to reduce the size of the lot. He was not arguing the point, just pointing this out. Mr. Richmond of Village Gate Road spoke about this being only Phase I. He suggested to the Board that some of these issues may need to be defined before we go further on. We could end up with a traffic situation. He does not know about the underdeveloped parcels by the Arboretum and if that will impact them on Village Gate. Mr. Jenkins stated that those concerns were asked before and will be asked in the future. The Board took a hard stance. Mrs. Hayes stated that there would be a freeze on accessing this development through another way. Alan Leary asked if this will be re-advertised if they go to Flexible Development. The Board thought so. Mr. Considine clarified that they are here for a Definitive Subdivision. They were asked through Mr. Houston to entertain going the Flexible way instead. On the Lynn St. house lot, the fee in the road is owned by those who use the private way. The use of the way is accessible to anyone. Atty. Moynihan spoke to the layout of private ways according to law, and the subdivision rules. Charles Cox Jr. spoke about the public way. Mr. Miller asked Mr. Cox about the 40' strip of land at the end of the cui de sac. 2