PRESENT: Chris DiMarzio
John Chabot
Joe Knapp
Ken Higney
Rick Starodoj
MEETING OPENED AT 7:00 PM
JK MOTION TO ACCEPT THE MINUTES OF 01-17-2007
JC SECOND
ALL IN FAVOR
PENNYBROOK ESTATES
Request to reduce Performance Secured by Lender’s Agreement from $350,000 to $250,000.
Florence Savings Bank is holder of Agreement with Town of Ware as beneficiary
Asking for all lots to be released
JK MOTION TO RELEASE LOTS 1 THRU 32
JC SECOND
ALL IN FAVOR
DISCUSSION
Cannot turn the road over to the Town until 75% of lots are built on.
When does lot become taxed separately ?
Will the $250,000 cover the cost at the 75% build out ?
Town has to vote on acceptance of roadway at ATM
Developer will check with Assessor’s office of when fully taxed.
Applicant has been billed for 32 separate lots
Town of Ware Subdivision By-Laws:
PAGE 27 SECTION N SUBSECTION b (4)
4. The roadway surfacing shall be installed in two stages as follows:
a. The binder course shall be installed during the initial roadway construction immediately following installation of underground utilities and the gravel base.
b. The top course and curbing shall be installed only after all of the following conditions have been met:
1. The binder course has been subjected to one winter season.
2. All utilities (including laterals) are installed.
3. All deficiencies, from the time of initial construction, have been corrected.
4. A minimum of 75% of the lots in the subdivision have been constructed upon.
5. Written authorization has been requested and received from the Planning Board.
JC MOTION TO REDUCE THE LENDER’S AGREEMENT FROM $350,000 TO $250,000 WITH RIDER THAT ASPHALT COST WILL BE RE-VISITED IN SEPTEMBER OF 2007
JK SECOND
ALL IN FAVOR
The Ware Planning Board, at it’s meeting of February 21, 2007, unanimously voted to reduce The Performance Secured by Lender’s Agreement from Florence Savings Bank from $350,000 to $250,000 naming the Town of Ware as Beneficiary.
Drainage System
· Work to be completed:
· Hoods in catch basins
· Inverts in drain manholes
· Raise frame and grates to grade before top coat
Paving
· Sidewalks 4,600 LF
· Top coat of asphalt
· Asphalt berm
Site Work
· Retaining Walls
· Seeding sides of the road
· Fence around detention pond
· Guard rail
LOWE’S – QUESTION ABOUT SIGNAGE
BOARD AGREES THAT LOWE’S WILL NEED TO APPLY FOR VARIANCE WITH ZBA
GRAVEL REMOVAL DISCUSSION
Should we add site plan approval to the wording ?
Allowed to take 1,000 yards of material off property (NOT PER YEAR), just ONE time.
JC: Yorkshire – Each lot can be allowed to remove 1,000 cy of gravel each (32,000)
Board believes that by-law is interpretable as it is.
If we add Site Plan Approval to the Earth Removal By-Law, then PB would have a starting point of grades and perform a site visit to the property.
Site Plan Approval does not need a public hearing or Special Permit Approval but gives the Planning Board the ability to do a site visit and have a grading plan in the file.
removal of less than 1,000 cy, by Site Plan Approval,
5.41 REMOVAL OF EARTH ALLOWED WITHOUT AN EARTH REMOVAL PERMIT
Under the following conditions, earth may be removed from a property without receiving an Earth Removal Permit.
5.410 BUILDING PERMIT – Removal by Building Permit when such removal is at the site of, incidental to, and in connection with the excavation and grading necessary for the construction of a principal or accessory use permitted by the By-Law;
5.411 SUBDIVISION – Removal by approval of a definitive plan under the Subdivision Control Law when such removal is necessary to construct an approved street or definitive subdivision; and
5.412 WETLANDS PROTECTION ACT – Removal pursuant to an Order of Conditions issued under the Wetlands Protection Act (MGL c 31 §40) when such removal is incidental to a use permitted without review by the Board in the Flood Plain/Wetland District.
5.413 NEW SMALL SCALE COMMERCIAL EARTH REMOVAL OPERATION
Removal of less than 1000 cubic yards of earth for any purpose other than those described in Sections 5.410, 5.411 and 5.412 shall not require an earth removal permit, but will require Site Plan Approval by the Planning Board
5.414 COMMERCIAL EARTH REMOVAL OPERATIONS IN EXISTENCE AT THE TIME OF ACCEPTANCE OF THE BY-LAW.
KH MOTION TO ADJOURN AT 8:30 PM
JK SECOND
ALL IN FAVOR
Respectfully submitted
____________________
Maggie Sorel
APPROVED ON ______________________
Christopher DiMarzio _______
Ken Higney _______
Joseph Knapp _______
Rick Starodoj _______
John A. Chabot _______
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