T O W N O F C H E L M S F O R D B O A R D O F A P P E A L S

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1 T O W N O F C H E L M S F O R D B O A R D O F A P P E A L S MEETING MINUTES August 7, 2014 Members Present: Member Absent: Others Present: Len Richards, Paul Haverty (first 2 hearings), Bud Chagnon, Brian Reidy, Joel Luna (until 8:45 p.m.), Charles Wojtas Mark Carota Evan Belansky, Community Development Director Judy Barrett, Mass. Housing Partnership Janet Murphy, Clerk Vice Chair Len Richards called the meeting to order at 7:00 p.m. He read the legal notice for tonight s hearings. CONTINUED PUBLIC HEARINGS Boston Road Chelmsford Town Center LLC, c/o Winstanley Enterprises LLC, for Variances to: A) Subdivide existing lot to create new lot that will be non-conforming for lot area; and B) Existing structure on newly created lot will now become non-conforming for front setback on Summer Street and side setback at ATM drive up structure. Section Conformity required. Atty. Philip Eliopoulos and Katie Enright of Hancock Associates represented Winstanley Enterprises LLC. Adam Winstanley and Barbara Green of Winstanley Enterprises, LLC were also present. Mr. Winstanley explained that their business plan has been to sell off outlying parcels and renovate the building to suit upscale and life style tenants who are the focus of the new Chelmsford Town Center. An important focus is restaurants, although the anchor restaurant has not been secured yet. The parcel containing CVS was sold six months ago, and the funds generated from that sale have been reinvested in the development of the parcel. Numerous problems have been encountered on the site since the beginning of development. It is very difficult to raise rents, for example, as a way to help pay for some of the work that has had to be done to resolve these kinds of issues. Mr. Winstanley said he is fully committed to this project and to the community and may be looking for other opportunities here in the future. He said that although the CVS parcel was sold, Winstanley controls the site. This would be the same type of transparent transaction. The matter of cross easements was raised. Mr. Eliopoulos presented a copy of the recorded Declaration of Cross Easement and Operation Easement - Chelmsford Town Center LLC signed by Adam D. Winstanley, dated December 31,

2 Mr. Richards presented a scenario in which the Bank of America was found to be substandard performer, and was closed. Mr. Eliopoulos responded that the BOA in this particular location is a top performer, according to what they researched. If it ever closed, others would want the parcel and it would be sold. The owner of the parcel, whoever it may be, must maintain cross easements. The hearing was opened to the public. No one from the public commented either in support or in opposition to the application. Mr. Wojtas moved to close the hearing, seconded by Mr. Haverty. Unanimous. It was decided that the variance could be granted in the same manner as the CVS one previously as it would not be noticeable, and presented no detriment to the property or to its proper functioning. Mr. Haverty moved to GRANT a Variance A) Subdivide existing lot to create new lot that will be non-conforming for lot area; and B) Existing structure on newly created lot will now become non-conforming for front setback on Summer Street, and side setback at ATM drive up structure in accordance with the plan submitted. New dimensions for Lot 4 shall be as follows: A. Lot 4 will contain 41,644 sq. ft. B. Lot 4 will have side setback of 18.4 ft., and front setback of C. Any future modifications to the property shall be in accordance with the previously approved site plans and special permits. NEW PUBLIC HEARINGS Drum Hill Road Perfect Dental for: A) Variance to replace existing pylon signage with new sign that will have LED lighting, and add new wall signage that will have LED lighting. Section , F Prohibited Signs. B) Variance to add a wall sign that exceeds 60 sq. ft. and 15 percent of wall area. Section A Signs in the Business District. Dimitri Linkov represented Perfect Dental. They are requesting an LED sign for the building at their new business which is expected to open at this location next week. He explained that the sign for the building will be LED illuminated. This is the growing trend in building signage. 2

3 He stated that the name insert on the pylon sign will also be LED illuminated. The sign planned for the building is the same one they use at their other locations. Mr. Linkov showed renderings of how the wall sign would look on the building façade. He did not provide dimensions for the new wall sign, although it is larger than the 60 sq. ft. allowed, nor did he provide information on the pylon sign proposal. One Department Review letter, from the Planning Board, was read for the record. Planning Board found no concerns with the proposal. It was noted that their standard wall sign may not work in this location. Mr. Linkov was asked to get the following information from the sign company, or have them present it, for the next meeting: Rendering of pylon sign showing the whole sign and where the wording for Perfect Dental will be located on that sign. Exact measurements of the LED sign for the building. Exact location of the sign on the building. Percentage of wall area over 15 percent that the sign will take up. Rendering of the sign from the street in photos or drawings, including the FedEx and Orange Leaf buildings, showing their signs also. Mr. Haverty moved to continue to September 4, seconded by Mr. Chagnon. Unanimous. Mr. Haverty left the meeting Riverneck Road Application for a Comprehensive Permit Under MGL Chapter 40B to build a five (5) unit group home and eight (8) single family units located at Riverneck Road. Application submitted by H&L Pioneer 40B, LLC. Atty. Douglas Deschenes represented the applicant, along with Joe Peznola of Hancock Associates. Applicant was advised that Mr. Luna would be leaving the meeting at 8:45 p.m. but would listen to any testimony beyond that time and sign a Mullin Statement for the continued hearing. Members sitting on this hearing are: Mr. Richards, Mr. Luna, Mr. Reidy, Mr. Chagnon, and Mr. Wojtas. Mr. Richards read a copy of a letter from him as Vice Chair of the Board of Appeals, addressed to Deschenes & Farrell, relative to the Safe Harbor period. He explained for the public what Safe Harbor meant..mr. Deschenes acknowledged that the letter was read for the record and that he was given the letter. 3

4 The project consists of 13 units: 8 single family homes, and a 5-bedroom group home. Each of the bedrooms in the group home is an affordable unit, and counts toward the Town s inventory. Mr. Peznola stated that there is limited potential in Town for a group home and this presents a unique opportunity. Dean Jenkins, the developer, did a similar project in Westford called Hawk Ridge which contains a group home. This is a 3-plus acre parcel, known as the Greenwood Estates. The homes are all two-story three-bedroom units of various architectural designs. Each house will have a two-car garage, and two driveway parking spaces. Town and sewer are available. The group home has two parking spaces. There are also an additional six visitor spots for use by both the individual and the group home for a total of 40 spaces for the development. The project will cover about 78% of the parcel. Town water and sewer are available. Ownership will be as in condominium form. Home prices will be $475,000 and up. A portion of the site is located within the Natural Heritage and Endangered Species Program (NHESP) Estimated Habitat of Rare Wildlife. The developer has met with Fisheries and Wildlife and has an agreed-upon limit of work for the project. The endangered species is the wood turtle. Mr. Peznola stated the project will need a Special Permit from the Planning Board for an increase in impervious surface. The applicant must file with the Conservation Commission is required as work within a 200 ft. riverfront and/or 100 ft. buffer is planned. Mr. Peznola said this is a benign project which does not bring in a large number of people to the development. A letter from Connie Donahue-Comtois, Deputy Director, of the Housing Authority was read for the record. It expressed their support, particularly the group home was presented. The letter stated the group home component will serve a need in the community with which they have experience through their group home on Groton Road. Department review letters were read for the record. A number of comments were submitted by the Community Development Director, the Water District, and the Fire Prevention Department. Mr. Peznola said he will meet with the Water District to discuss the many concerns they raised in their review letter. Board questions included: Mr. Luna said he was familiar with the site in terms of the endangered species and asked who the contact person was at Natural Heritage. Mr. Peznola provided the name of Jesse Leddick, and said that the plan reflects the building envelope designed by Natural Heritage. With regard to protecting the habitat of the turtles, a photograph showing turtle fencing or mesh fencing that would be installed along a fence bordering the development was circulated. Mr. Luna asked about mowing which is a major threat to the turtle habitat, adding that he has monitored this site and others for the turtles and remains concerned about this. 4

5 Mr. Reidy commented about the 11 foot side setback from a property line. There were questions about the group home and how it would operate. It is a home for individuals with physical and developmental disabilities. There will short-term and long-term residents. There will be on-site, 24 hour-a-day supervision by a private entity, which has yet to be identified. Mr. Luna left the meeting. The hearing was opened to the public. Charlene and Tom Gibson, 273 Riverneck Road, said they did not receive an abutter notice and found out about the project from a neighbor. They said they were approached about putting a conservation restriction on their property and want more information. There are white pines planned for the property line between them and the project, which they claim are messy trees and will grow toward them. They purchased their home in May 2013 and want to be kept informed of the hearings etc. Staff was asked to look into the abutter list problem. Linda Jones, 242 Riverneck Road, said she was involved in the turtle issues through a previous project. She has some concerns with the aquifer, habitat and impervious issues, and would like to see the number of units reduced. John Edward of the Housing Advisory Board presented a letter of support for the project, saying the Town needs the inventory and the group home. Anthony Tosi, 273 Riverneck Road, said he has seen the turtles and other wildlife like foxes and deer at this site and does not like the idea of homes being built on someone else s habitat. James Sousa, 265 Riverneck Road, said the project seems large and steep. He would prefer to see fewer units. Jane Castle of 277 Riverneck Road likes the idea of a group home, but thinks the maximum number of single-family homes should be three. Charlene Gibson said it is a small area and the homes will be squeezed on the parcel. There are too many houses, and this will change the character of the neighborhood. She is in favor of the group home. Bob Delaney, Chelmsford Water District, said there are stormwater issues with this site. He would like a smaller project due to the amount of impervious. 5

6 Developer Dean Jenkins said he will be in contact with the neighbors who spoke and will meet with each of them. Ms. Barrett stated she is available for any technical assistance that is needed. Mr. Richards stated that all comments from the neighbors and those raised in department letters will be carefully reviewed and considered during these hearings. He asked the applicant and/or the attorneys to contact those submitting letters and public comments to arrange a time to meet. Mr. Deschenes said he will reach out to the neighbors next week. He would like some time to accomplish this and did not feel the four weeks until the next regular meeting would be enough. He said the 18 th would be reasonable for the continued hearing. Dates for a site walk were discussed. A walk is scheduled for 5:30 p.m. on September 18 at the site. Mr. Chagnon moved to continue the hearing to September 18, seconded by Mr. Wojtas. Unanimous. Staff informed the Board that no new applications had been received for a September meeting. Since Riverneck Road was continued to September 18, staff was asked to contact Perfect Dental and move this hearing to the 18 th as well. Next Regular Meeting Date: No regular meeting September 4. Next meeting September 18. New Business. Old Business. None. None Executive Session. None. There being no further business, Mr. Carota moved to adjourn, seconded by Mr. Wojtas. Meeting adjourned at 9:25 p.m. Respectfully submitted, Janet Murphy 6

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