WILMINGTON — On Tuesday night, the Planning Board continued several public hearings regarding construction site plan reviews and special permits before disagreement in the public hearing for 66 Industrial Way ensued.
Their first item was continuing the public hearing for a conservation subdivision design special permit at 79 Nichols St., which was further continued to their meeting on Sept. 1. The presenter, Jill Elmstrom, wanted to make sure there would be enough time to complete and return the final design revision.
The board next continued the public hearing for the site plan review, stormwater management, and parking relief special permit for 330 Ballardvale St. Director of Planning and Conservation Valerie Gingrich established that the applicant should resubmit two applications now that they’re adding on the parking lot changes for the abutting property that they’re trying to purchase.
This was continued to 7:40 p.m. on Aug. 4.
For the site plan review and stormwater management permit at 100 Eames St., the board approved the request to extend the public hearing to Aug. 4 at 7:45 p.m. and extend their action deadline to Aug. 31.
The board then voted to approve Form A for 48 Chestnut St. and 46 Towpath Dr. in their time before the next appointment. Gingrich also reported from the annual Town Meeting that the feasibility studies for both a new senior center and a new town hall were approved.
After Gingrich explained that the request to endorse the corrected sheet 4 for a definitive subdivision at Highland Estates is merely a shifting of the lot line, the board approved this request.
While they were mostly in favor of the application for a sign special permit for 196 Ballardvale St., the board agreed to save the vote for their next meeting and end the public hearing.
Applicant Adam Quinn is developing a new burger place, Habit Burger, on the property. He is also the current franchise owner of the Dunkin’ at 362 Middlesex Ave.
It was then that 66 Industrial Way came up for its continued public hearing. In summary, Gingrich explained that the applicant wants to move the water and sewer lines of the abutting parcel, and a previous condition for approval read that the board required a letter of acknowledgment from the adjacent landowner.
“Instead of requiring the acknowledgement letter, [what town counsel recommends] we should do is ask that the applicant provide proof of notification,” she suggested to the board.
Presenter Michael Field clarified that the proposed moving of water and sewer lines benefits the adjacent property, and they would take the responsibility for any break or blockage that’s their fault. He also asked the board also waive the condition for an easement deed after work is completed (condition 6).
Resident Peter Sutton called in to claim the landowners should be able to decide whether their pipes are moved — and they have not agreed.
“Instead of waiving condition 6, they should have to get the easement before they can touch our pipes,” he added.
He also agreed in theory with establishing a bond from the applicant in case of a break or blockage as recommended by Chairman Michael Sorrentino, later suggesting the bond should last as long as the applicant owns the property.
This encouraged the applicant, Mike Cronin, to clarify that pavement won’t be put over the proposed relocated pipes and instead they’ll use concrete pavers.
“These engineering details on the plan are accepted in the industry,” he said.
Sutton returned that the applicant would only be responsible for the maintenance, repair, and replacement of drainage structures as they continued talking about who would be responsible for what kind of pipe issue. Field added that the proposed new pipes would be better than what the abutter currently has and won’t frustrate the purpose of the easement.
Sorrentino maintained the board would not vote on the easement part of the approved proposal, as it seemed that the issue would have to be resolved in land court. The board agreed to draft a new condition 5 regarding proof of notification by the applicant instead of acknowledgment from the abutter and that Gingrich would discuss condition 6 with town counsel.
The public hearing was continued to Aug. 4 at 8 p.m. with the action deadline extended to the end of August. In the meantime, Field pledged to continuing to try to work out the easement agreement with the adjacent landowner.
After that, in Board of Appeals cases, they approved a special permit for the possession, storing, use, and distribution of radioactive material in very small amounts (fractions of an ounce) at 25 Upton Dr. They also approved the 12 Shawsheen Ave. case regarding filling in an area in the flood plain district.
The final item under Board of Appeals regarded a development at Middlesex Avenue and Jefferson Road, which Gingrich explained is still in the middle of several reviews. The board discussed concerns they hope would be addressed in a future plan, like eliminating vertical elements of the elevation and raising the site for groundwater separation.
The next Planning Board meeting will start at 7:30 p.m. on Tuesday, Aug. 4.