Community Development Board

Approved by the Community Development Board 11/09/2022 CITY OF METHUEN COMMUNITY DEVELOPMENT BOARD Wednesday, October 12, 2022 6:30 P.M. VIA ZOOM WEB CONFERENCE MINUTES 1) Call to Order of Regular Meeting. Chairman Stephen DeFeo called the meeting to order at 6:33 pm and read the following statement into the record: Pursuant to Chapter 186 of the General Laws, An Act Relative to Extending Certain State of Emergency Accommodations, this meeting/public hearing will be conducted via remote means. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by turning to Comcast Xfinity Channel 8 or Verizon FiOS Channel 32 or view on a computer or cell phone via LIVE Stream on https://www.methuentv.org/methuen- government-tv-live-stream/ No in-person attendance of members of the public will be permitted, and public participation in any public hearing conducted during this meeting shall be by remote means only. If the public would like to participate in the public hearing, please email your questions/comments by noon on the meeting day to kbcolwell@ci.methuen.ma.us. The questions/comments will be read during the proceedings and responded to accordingly. Members of the public who wish to speak during the public hearing can register here: https://www.methuentv.org/govmeet/ by noon on the meeting day. 2) Roll Call. Members in Attendance Stephen DeFeo, Chairman Present Michael Comei, Secretary Present Brian Boes, member Present Ronald Hatem, member Absent Neal Hunter, member Present Heather Plunkett, member Present Others in Attendance Kathleen Colwell, Director of Planning Petitioners and Representatives of Petitioners 3) Acceptance of the Minutes. a) May 11, 2022 b) June 8, 2022 c) September 22, 2022 There were no minutes available. 4) Consent Agenda. For the record there was nothing on the consent agenda. 1 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 5) Zoning Issues: For the record, there were no zoning issues. 6) Form A Plans. For the record there were no Form A Plans. 7) 6:30 PM PUBLIC HEARING: 30 Oakcrest Circle – frontage exception lot special permit Chairman Stephen DeFeo read the legal notice into the record. Attorney Arthur Broadhurst, representative of the applicant, presented the plan to the Board. He explained that there was the potential for four lots on this parcel, but the applicant did not want to create a subdivision in the neighborhood. This petition will limit it to two lots. This plan also promotes efficient use of the land and reduces environmental impacts. Attorney Broadhurst discussed how this plan met the requirements for a Frontage Exception Lot Special Permit. 1. The area of the lot to be divided is three times the minimum lot area in the district The minimum lot area in the RC zone is 15,000 square feet. This lot has a total area of more than three times that. 2. The frontage for the lot to be divided is, at a minimum, is the frontage required for the district. The minimum frontage in the RC zone is 100 feet. The total frontage is 100 feet. 3. The lot to be divided is not split into more than two lots. The lot to be divided is split into two lots, lot 1 and lot 2. 4. The two newly created lots each contain the minimum area required for the district The minimum lot area required in the RC zone is 15,000 square feet. Each lot exceeds 15,000 square feet. 5. The two newly created lots each have a minimum of 50% of the frontage required for the district, however the frontage is not to be less than 50 feet in any district. Each lot contains 50 feet of frontage. 6. The two newly created lots each have a lot width of not less than 50 feet at any point between the street and site of the dwelling. No portion of lot 1 or lot 2 has a width of less than 50 feet between the street and the site of the dwelling. 2 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 7. The front, side, and rear setbacks for the two newly created lots may be reduced to twenty feet if in the opinion of the Community Development Board this facilitates the highest and best use of the land and limits the overall disturbance of the property. Appropriate screening and buffering as determined by the Community Development Board may be required to protect existing adjacent homes. The minimum building setbacks for the RC district are provided on each proposed lot. Attorney Broadhurst pointed out that the owner does not intend to build on the additional lot right now. This is for his children to build on or sell in the future. He reiterated that this plan limits the development to only one extra lot. Kathleen Colwell noted that the Conservation Agent had pointed out that there are some wetlands on the property, but they primarily pertain to the existing home. Prior to any building permit, it would be reviewed by the Conservation Commission for impact to any wetland. She read into the record, an email from Jamie Moreau stating opposition to the petition. Attorney Broadhurst addressed the abutters’ concerns. He stated that this plan actually helps her concerns because it limits development to one extra house instead of three or four. He noted that they would be required to repair any road damaged during construction. He reiterated that the owner does not plan to build at this time so there will not be any noise. For the record, no members of the public spoke in favor or in opposition. Chairman DeFeo pointed out that there were only five Board members present at this meeting and five affirmative votes are required for a Special Permit. He provided Attorney Broadhurst the opportunity to withhold or move forward. Attorney Broadhurst chose to proceed. MOTION: Michael Comei made a motion to Close the Public Hearing. SECOND: Brian Boes DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes MOTION: Michael Comei made a motion to approve the Special Permit for a Frontage Exception Lot at 30 Oakcrest Circle. 3 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 SECOND: Brian Boes DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes MOTION: Michael Comei made a motion to take item 11) out of order. SECOND: Brian Boes DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes 11) New Business. a) Set public hearing date: 269 Broadway/ 2 Osgood St. MOTION: Brian Boes made a motion to set the public hearing for November 9, 2022 at 6:30 pm at the recommendation of the department. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes 4 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 Heather Plunkett Yes b) Plan endorsement: For the record there are no plans to be endorsed. c) Bond reduction: i) Preserve at Emerald Pines-Phase 1, 2, and 3 Kathleen Colwell informed the Board that there a few remaining items and the Engineering Department recommended that the Board vote to reduce the bonds pending a final review by the Engineering Department. MOTION: Michael Comei moved to reduce the bond at the recommendation of the Engineering Department. SECOND: Brian Boes DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes d) Any other new business For the record there was no additional new business. MOTION: Brian Boes made a motion to take item 12) and 13) out of order. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes 5 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 12) Old Business. e) Any other old business For the record there was no old business. 13) Correspondence. For the record there was no additional correspondence. Chairman Stephen DeFeo entertained a motion to take a five minute recess. MOTION: Brian Boes so moved. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes Chairman Stephen DeFeo called the meeting back to order at 7:00 pm. 8) 7:00 PM PUBLIC HEARING: 404 Pelham Street – frontage exception lot special permit Chairman Stephen DeFeo read the legal notice into the record. Attorney Anthony Copani, representative of the applicant noted that this property has been in the family for over 60 years and contains an existing small ranch house. Also in attendance is Attorney Robert Autieri, who also represents the family. Attorney Copani explained that in order to obtain this special permit, the plan must meet the specific requirements applicable to a Frontage Exception Lot, as well as the requirements for Special Permits in general. He reviewed the requirements with the Board and displayed numerous photos of the property from various perspectives. 1. The area of the lot to be divided is three times the minimum lot area in the district The minimum lot area in the RR zone is 80,000 square feet. This lot has a total area 579,348 square feet which is more than seven times the requirement. 6 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 2. The frontage for the lot to be divided is, at a minimum, is the frontage required for the district. The minimum frontage in the RR zone is 200 feet. The lot contains 365 feet of frontage. 3. The lot to be divided is not split into more than two lots. The lot to be divided is split into two lots, lot A, which contains the existing home and garage, and lot B. 4. The two newly created lots each contain the minimum area required for the district The minimum lot area required in the RR zone is 80,000 square feet. The proposed lot A contains 200 square feet, and the proposed lot B contains 165 square feet. 5. The two newly created lots each have a minimum of 50% of the frontage required for the district, however the frontage is not to be less than 50 feet in any district. Lot A contains 200 feet of frontage and Lot B contains 165 feet of frontage, each more than the 100 feet required. 6. The two newly created lots each have a lot width of not less than 50 feet at any point between the street and site of the dwelling. No portion of lot A or lot B has a width of less than 50 feet between the street and the site of the dwelling and a proposed dwelling as shown in the photos. 7. The front, side, and rear setbacks for the two newly created lots may be reduced to twenty feet if in the opinion of the Community Development Board this facilitates the highest and best use of the land and limits the overall disturbance of the property. Appropriate screening and buffering as determined by the Community Development Board may be required to protect existing adjacent homes. Waiver of the setbacks are not requested. Heather Plunkett asked why the lot A and B were not divided equally. Attorney Copani responded that the homeowner did not want the responsibility of maintaining a large portion of land and preferred a smaller lot. Attorney Autieri confirmed that was the reasoning. Kathleen Colwell informed that the Board that she did not receive any comments from any of the other city departments. We are in support of the project, as it has over 13 acres of land and the addition of one home certainly preserves the land in this area. She read into the record, an email she received from Carol A. & Ercire O. Aristy of 402 Pelham Street stating opposition to the petition. Chairman DeFeo asked if Carol A. & Ercire O. Aristy of 402 Pelham Street have any standing in the trust, because it is the trust that is before the Board. 7 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 Attorney Autieri confirmed that they do not. He knows this because he knows the family and he drafted the trust. Attorney Copani addressed the abutters’ concerns by stating that they are not requesting any waivers or variances. This petition meets and exceeds all of the requirements. He noted that this parcel could be developed in a much more intense way and this petition would limit development to just 2 lots, which is a more efficient use of the land than what is there today. He also noted that there will be a restriction in the deeds that lots will not be further subdivided as required in the ordinance. For the record, no members of the public spoke in favor or in opposition. MOTION: Michael Comei made a motion to Close the Public Hearing. SECOND: Heather Plunkett DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes MOTION: Michael Comei made a motion to approve the Special Permit for a Frontage Exception Lot at 404 Pelham Street. SECOND: Heather Plunkett DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes 9) 7:30 PM PUBLIC HEARING: Lot 1 Milk Street (Plan# 18201)-frontage exception lot special permit 8 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 Chairman Stephen DeFeo read the legal notice into the record. Attorney Anthony Copani, representative of the applicant, requested a continuance to the next meeting. Kathleen Colwell noted for the record that she did not receive any correspondence related to this project nor were there any attendees to speak in favor or in opposition. Chairman Stephen DeFeo entertained a motion to continue the public hearing to the November 9, 2022 meeting. MOTION: Brian Boes so moved. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes 10) CONTINUED PUBLIC HEARING: 80 Hampstead Street (Guzman Lane) -Definitive Subdivision (Deadline: November 30, 2022) Dennis Griecci, representative of the applicant gave the Board a brief overview of where they were the last time they were before the Board and the new concept plan, they are presenting this evening. The lot is a 13.1 acre parcel located in the RR zoning district. There are wetlands on the site that were flagged by Norse Environmental, and the boundary was confirmed by the Conservation Agent. He moved the boundary slightly, which is shown on the plan. They were previously before the Board with a three lot subdivision with a 24 foot wide paved road with a cul de sac, driveways for the three houses, shallow detention basins on each side of the right of way and underground detention systems to capture the runoff. The feedback that they received from the Board was that this was a lot of development for the usable area. He had the opportunity to meet with the planner to review the plan and what the Board may consider for an alternative. The new concept that Mr. Griecci developed entails a much less impactful two lot subdivision. They are proposing a 50 foot right of way with two driveways to the lots. The advantages to this alternative are that there is much less disturbance around the resource 9 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 areas. They are no longer going in between the two wetland areas. The impervious area is also being reduced. The 3 lot alternative had approximately 30 thousand square feet of pavement between the road and the driveways to access the three lots. This two lot alternative has approximately 12,500 square feet of pavement. Additionally, they are moving the two shallow detention basins and because they are reducing the impervious area, they are substituting some smaller, low impact roof infiltration systems and driveway shoulder recharge systems. They will be meeting with the Conservation Commission in a few weeks and Mr. Griecci believes the Commission will prefer this alternative rather than trying to thread the needle between the two wetlands with the 3 lot plan. The two lot alternative would require that the Board waive some of the requirements of the Subdivision Rules and Regulations. They will be providing a comprehensive list of all of the waivers that would be required. Among the requested waivers would be the following: • A waiver from paving a 26 foot roadway • A waiver from curbing • A waiver from providing a turn around cul de sac • A waiver from providing a water and sewer main as each house will be serviced from Hampstead Street Several other waivers will be required but the goal tonight is to gather feedback from the Board and decide whether or not to pursue this alternative and fully engineer the plan. Michael Comei questioned the small strip on lot two adjacent to the right of way and the abutter. Mr. Griecci responded that it would likely be vegetated with low maintenance trees and shrubs to create a buffer to the abutter. He noted that there was some steeper topography along that area. In response to questions from the Board, Chairman DeFeo explained that there would be no roadway or utilities, but there would be a right of way. The board is being asked to waive construction of that road. Chairman DeFeo asked if the existing house would be razed. Mr. Greicci confirmed that it would. Kathleen Colwell stated that she and Mr. Griecci and the prior building inspector, Felix Zemel, as well as the Conservation Agent and the Engineer Administrator worked closely to come up with this plan and all are in support of this plan, which has much less impact and much less infrastructure, as opposed to the three lot subdivision. There was some direction from the abutters to look at the adjacent Haroun Subdivision and this is a similar concept. She also noted that this is a very large parcel with only one additional house proposed. In response to the question of ownership, Mr. Griecci stated that the property is currently owned by the Syrian Catholic Society of Lawrence. He is not sure who they purchased it from, but the church has owned it for a number of years. Kathleen Colwell stated that there was going to be a church there at one point, but those plans are no longer going forward. 10 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 The Board agreed that this two lot plan is much better than the previous three lot plan. There is much less disruption to the landscape and the neighborhood. Chairman DeFeo questioned whether a Frontage Exception Lot Special Permit was feasible on this property. Kathleen Colwell responded that that alternative had been considered but there is not enough frontage for that alternative. The lot currently has 173 feet of frontage. The RR zone requires 200 feet of frontage and for the Frontage Exception Special Permit, the lot must have at least the required frontage in the zone. Another alternative would be a frontage variance, but this is a better plan. The City has a prohibition on shared driveways so this will have side by side driveways that each homeowner would be responsible for. One of the lots would retain ownership and the other lot would have an easement over it, the details will be worked out when this concept advances to a fully engineered plan. Chairman DeFeo suggested that Mr. Griecci show this plan to the affected abutters for feedback. Kathleen Colwell mentioned that the Board will need an extension of time in which to make a decision, but we can do that at the next meeting. Donald DeSantis, 82 Hampstead Street: Mr. DeSantis stated that they were very unhappy with the previous plan with the two detention ponds next to the abutters, but they were never opposed to the houses. He asked how far the houses would be from the abutting property and asked that the pine grove to the rear of the property be preserved Mr. Griecci responded that the rear setback in that zone is 30 feet so they would not be any closer than that to the property line. The location of the house on the previous plan was a little further away but the location of the houses was subject to change based upon a builders’ preferred location. He noted that the plan is not yet fully engineered but he doesn’t expect any significant impact to the water table. There will be roof infiltration systems to capture the roof runoff and infiltrate it back into the ground, For the record, nobody else spoke in favor or in opposition. Chairman DeFeo entertained a motion to continue the Public Hearing to the November 9, 2022 meeting. MOTION: Brian Boes so moved. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes 11 Filed in the Office of the City Clerk 11/17/2022  Approved by the Community Development Board 11/09/2022 Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes 14) Adjournment. There being no further business before the Board, Chairman Stephen DeFeo entertained a motion to adjourn. MOTION: Brian Boes so moved. SECOND: Heather Plunkett VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes Chairman Stephen DeFeo adjourned the meeting at 8:05 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary *** NEXT REGULAR MEETING Wednesday November 9, 2022 *** Anyone needing an access accommodation to participate in City of Methuen programs or services, please contact Sandy Almonte, ADA/DEI Coordinator at 978-983-8680 or salmonte@ci.methuen.ma.us at least 2 weeks in advance, or 2 business days before any Board or Commission meeting. This notice is available in alternative formats upon request. 12 Filed in the Office of the City Clerk 11/17/2022