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Minutes of December 3, 2003








Attending Regular Members:  John Lee, Dan Rosenfeld, Ed Hershfield
  Alternate Members:  Janis Edinburg, Richard Powell, and Walter Newman


Continuance

#1458                           ERPOL Construction, LLC                         155 Mansfield Street
Applicant seeks a Comprehensive Permit under section MGL Chapter 40B to allow 12 single family homes.  Property is located on the westerly side of 155 Mansfield Street and is situated within the Rural 1 Zone and is substantially within the Wellhead Protection Area.

John Lee, Dan Rosenfeld, and Janis Edinburgh sitting on hearing.

The Hearing opened at 8:09 p.m.

Dan read continuance notice.

It was stated that another RFP to Dr. Curtis Hoffman for an archeological review would be sent for his response.

Dale McKinnon, Earth Tech Consultant, reviewed his peer review dated November 19, 2003.  [See document for detail of analysis.]

1.      Suggest Advanced Concept demonstrate to Town Engineering that the boulders on the property are not ledge.
2.      Soil should be adequate for septic systems.
3.      Additional soil testing should be done with the DPW for infiltration capacity of basin.
4.      Roadway recommended to be private and upkeep should be with a homeowner’s association.
5.      If any housing lots fall into Zone 2, the lot should be redesigned to be in compliance with the septic regulations.
6.      Grates should be at the bottom of roadway to contain storm water.
7.      Retaining wall should have reinforcement and a stone wall is recommended.

Traffic report and summary from Earth Tech report
1.      Site distance needs to be demonstrated and meet minimum requirements.
2.      Traffic will not be increased due to development.

Responses to the review were as follows:
A.      It was inquired regarding cape cod berm and grassway – Dana Clow responded that they have room to increase grassway and cape cod berm is economical.
B.      Recreational area is currently private area, but would like it to be public.
C.      MPDS Permit will be required.
D.      Roadways should be private unless they want to be in line with town guidelines.
E.      Site Distance is not adequate and they need to obtain approval to remove any impediments.
F.      Retaining wall need a further review, must have something to keep water from overflowing over wall.

Bob Devin, attorney for applicant, and Jack Gillon, traffic engineer for applicant were present at hearing.

Eric Hooper, Superintendent of DPW, agreed with soil assessment and addressing borings.  He doesn’t feel roadway should be borne with the town due to grade of roadway.

Dana Clow responded to Item 2.  He agrees with Earth Tech and feels they show that a basin would capture stormwater and sufficient space is available to do so.

Dale McKinnon responded that the site is small and infiltration is issue and should be done up front to see feasibility of system [test could change design of system due to what is found].  The tests cost aprox. $10,000.

Board asked why test should not be done prior to comprehensive permit.  Applicant feels they’ve demonstrated their ability to meet requirements.

Item 5, page 3 – Applicant does not expect roadway to be private and to have Homeowners Assoc. or be responsible for maintenance of stormceptor.  Cost of cleaning one time a year is estimated at $1,000.  David Wuluka stated there are other 10% grades in town and they are town roads, therefore upkept.  Board would like to have a marketability peer review.  Wuluka stated market would be affected because of power, streetlights, plowing, and stormwater upkeep.

A question was raised as to the cost difference of Private vs. Public – what is the marketability of house and budget of Homeowner Association fees.

Ed Hershfield, ZBA member, noted that private ways are not an impediment to marketability.

Item 6, page 3 – Applicant feels hydrant flow would be adequate and can be addressed.  Booster station may be needed.

DPW stated for all developers they ask to run water flow tests to update records.  It was also stated that pressure test is aprox. $1,000 and would let applicant know if adequate lines, pressure is available.

Item 8, point a – applicant willing to relocate septic as able within lot.

Jack Gillon – traffic consultant for applicant submitted document dated Nov. 29, 2003



The next meeting regarding the King Phillip Estates (ERPOL Constr.) Applicant will be held on Wednesday, January 28, 2004 at the Town Hall basement and will start at 8:00 p.m.

The meeting was continued till January 28, 2004.