Kingston Planning Board Meeting Minutes Town House, Room 200 January 29, 2018 at 7:00 PM Approved March 12, 2018

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1 Office of the Kingston Planning Board Kingston Town House 26 Evergreen Street Kingston, Massachusetts Kingston Planning Board Meeting Minutes Town House, Room 200 January 29, 2018 at 7:00 PM Approved March 12, 2018 Participants: Thomas Bouchard, Chairman Susan Boyer, Clerk Jonathan Barnett, Board Member Dave Gavigan, Board Member Thomas Bott, Town Planner Tom Bouchard opened the meeting with a roll call. Bob Gosselin and Joe Casna were absent. Dave Gavigan arrived at 8:05pm. MEETING MINUTES The members did not review the meeting minutes below due to lack of a full board. The minutes will be reviewed at the next meeting scheduled on Monday, Feb. 12, December 11, 2017 January 8, 2018 The following Executive Session Minutes were not ready for review: April 24, 2017 COMMUNICATIONS Tom Bott indicated that most of the Board members have completed the Conflict of Interest course and received their certification. He then informed the Board of Ruthann Cassidy s passing and proceeded to praise her for her hard work and efforts over the years in working in the Planning Dept. and Highway Dept. 7:11pm - Special Permit RDEOS 138 Elm St (Map 64 Lots thru 010, & ) Matt Dacey requested a continuance due to lack of a full board.

2 MOTION: Susan Boyer made a motion to continue the hearing for 138 Elm St for the Special Permit RDEOS 138 Elm St (Map 64 Lots thru 010, & ) to February 12, 2018 at 7:09pm Second by: Jonathan Barnett Vote: (D.Gavigan was not present for the vote at this time) Discussion William Gould Way Opening Tom Bott discussed the opening of William Gould Way per letter from The BOS need to give permission to work in this right-of-way. The Planning Board considered the conditions back in 2008 with Tom stating those conditions. The Plymouth Town Administrator contacted Bob Fennessy, Kingston Town Administrator, to get a status of the road opening. Tom reached out to the various departments on January 3, 2018 regarding any concerns and to find how Kingston would benefit from opening the road. He forwarded the information to Tom Ford, owner of property on the road, and Levon Semerjian, Waterhouse Properties, who are in attendance at tonight s meeting. The condition of opening the road include paving the entire length of the road to the intersection of Exit 8 by May 18, 2018, (this may be done next year with Chapter 90 money); drainage improvements to be done by Lowe s; and intersection geometry improvements at Smith s Lane which include a new four-lane bridge across Smith s Lane bridge to be done by MassDot in Tom Ford stated he currently owns frontage from Lowe s to the new street in Plymouth and added that Kingston Collection owns a piece of the land where he d consider trading for land he owns in the aquifer protection district. He added that they appear to be somewhat interested. Tom Bott then mentioned he s been in contact with the mall where they ve expressed interest in putting a hotel on their site, whereby removing the Sears store. Levon Semerjian stated that William Gould Way is an open public way and should be open to the public. He added that if the condition of opening road is due to unsafe conditions then the Town is responsible for improving the road. As such, they are requesting that the barricades be removed. He then reminded the Planning Board that they made a recommendation to the BOS in 2007 to improve the road at the end of William Gould Way. They did not want a private party to improve the road and therefore it was turned down. With that, he feels it s the responsibility of the Town to open the road and make it safe for passage. Addressing Susan Boyer s question as to why the barricades are there, Tom Bott noted work was being done on the road without permission from the Town Administrator or Paul Basler, Highway Superintendent. As such, Mr. Basler shut down the project stating the workers did not have permission by the Town to work there and put up the barricades per the Town Administrator. He noted that boulders were previously there to block access but someone had removed them. Levon then said they hired a contractor, Lawrence Lynch, to do work approved by the Town to construct the road which was approximately 3,000 feet in length per their road permit. They did not continue after completing 60 feet as this was litigated by the Town and would wait until they have proper approval to continue. Their Project Manager stopped work at the town line once they were told to do so. Tom Bouchard has no issue with opening the road. Susan Boyer said Kingston should gain a benefit from opening the road. Tom Bott said it s the responsibility of Town Counsel to advise on removing the Planning Board Minutes 1/29/2018 Page 2

3 barricades as this is not the responsibility of the Planning Board. He said the Order of Conditions were recommendations that were made by the Planning Board to the BOS in Tom then read the contents of an sent to Bob Fennessy from Jay Taleman regarding the dispute on William Gould Way saying that claims against the Town were dismissed and the Town prevailed on an appeal. Tom Bouchard asked both Levon and Tom Ford how they felt about the conditions in the letter. Levon informed that ten years ago they agreed to some of the improvements. Tom Ford told the Board that Lowe s had reconstructed the road and stopping at his property line. He added that he s ready to commit this night to continue from where the reconstruction stopped at his property line and run it to the property line in Plymouth. To review the conditions, Tom Bott read as follows: pave the entire length of William Gould Way to the intersection of Exit 8 by May 18, 2018; drainage improvements to be done by Lowe s; intersection geometry improvement at Smith s Lane include a new four-lane bridge across Smith s Lane bridge up to the Smith s Lane fire; a traffic study that would identify the most intensive uses (could be within the Plymouth development); signal-timing for the William Gould Way intersection; Opticom system for public safety vehicles; a cash bond to cover improvements; and a large sign displaying direction to William Gould Way. Levon told the Board that Muller Associates had performed a traffic study ten years ago and commented on the results of the study with regard to the traffic sign. Tom Bouchard suggested Tom Ford and Levon work with Lowe s on opening the road as they too would benefit from the opening. Susan reiterated the need for Kingston to benefit from the road opening. Plymouth should play a part in assisting the Town with this then added how Kingston would benefit. Further discussion ensued among the Board members. Per conditions in the original letter, Tom Ford agrees to widen William Gould Way to 28 feet from the end of the road. In addition, he and Levon will reach out to Lowe s to address the drainage issue. Tom Bott offered to be involved in the meeting with Lowe s as well to start the process. Tom Ford offered to work with Lowe s and the mall to work through the list of conditions. Tom Bouchard said the owner of Marty s GMC, though originally opposed to the road opening, is now in full support. Tom Bouchard suggested Tom and Levon get letters of support from the Kingston businesses, Lowe s, the mall, etc. Tom Bott reminded them to arrange a meeting with Lowe s and the mall and that he would attend. Warrant Articles for Town Meeting Tom Bott discussed the articles for town meeting, focusing on the affordable housing and 40R in the mixed-use district. Next, the Kingston Collection is considering uses for their property which includes adding a hotel. The hotel is a permitted use under the ZBA. Tom asked the Chairman of the ZBA about changing the zoning to allow the Planning Board to be the permitting authority for hotels. This would streamline the process to come before one Board. The Chairman of the ZBA is awaiting further information to make the decision. Tom then gave an overview of each of the articles for town meeting. Planning Board Minutes 1/29/2018 Page 3

4 Site Eligibility Application Village at Indian Pond & Residence at Caddies Place 40B The Kmitos are awaiting a site approval letter from Mass Housing to build a 40B on the 33-acre Virginia Davis property with 3 lots in Indian Pond Estates. Tom stated that the Planning Board has until Feb. 11, 2018 to comment on the site approval letter from Mass Housing. Chapter 61 Right of First Refusal Virginia Davis Property (Village at Indian Pond & Residence at Caddies Place 40B Tom stated that the Virginia Davis property is under Ch. 61A. Under this chapter the Town has the rightof-first-refusal to purchase the property. Under Ch. 61A the Planning Board has 120 days to determine if the town wants to exercise their right-of-first-refusal and purchase the property. He forwarded the information on to interested parties, i.e., the Sewer Commission and the Affordable Housing Trust to see if interest exists on purchasing the property. Tom then described the properties and reviewed the plans with the Board. Both Tom Bouchard and Susan Boyer raised concern that these homes, which would contain three and four bedrooms, are in conflict with affordable housing and the Master Plan. As such this does not address the needs of the town, due to the high number of bedrooms, density being too high, no access to transit, impact to schools, and only one way in and out. Tom Bott told the members that Town Counsel recommended they contact the State to inform the Town received the Chapter 61A notice. Susan reminded everyone that the Town has 120 days to exercise the option of the right-of-first-refusal. BILLS Five bills were signed by the board members. MOTION TO ADJOURN MOTION: Dave Gavigan made a motion to adjourn the meeting Second by: Susan Boyer Vote: The meeting was adjourned at 8:45pm. Planning Board Minutes 1/29/2018 Page 4

5 FUTURE MEETINGS January 22, 2018 February 12, 2018 February 26, 2018 March 12, 2018 March 26, 2018 April 9, 2018 April 23, 2018 May 14, 2018 May 28, 2018 (Memorial Day Observed) June 11, 2018 June 25, 2018 July 9, 2018 July 23, 2018 August 13, 2018 August 27, 2018 September 10, 2018 September 24, 2018 October 8, 2018 October 22, 2018 November 12, 2018 November 26, 2018 December 10, 2018 December 24, 2018 Planning Board Minutes 1/29/2018 Page 5