COMMUNITY DEVELOPMENT BOARD MINUTES

Transcription

1 CITY OF METHUEN COMMUNITY DEVELOPMENT BOARD WEDNESDAY, February 12, 2014 at 6:30 P.M. GREAT HALL SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA MINUTES 1) Call to Order of Regular Meeting. Chairman Stephen DeFeo called the meeting to order at 6:30 pm. 2) Roll Call. Stephen DeFeo, Chairman Joseph Leone, Vice Chairman Charles Perrault, Secretary Michael Comei, member Frank Gallo, member Edward Miller, member Theodore Rademacher, member Present Present Present Absent Absent Present Present Others in Attendance Kathleen Colwell, Assistant Director of Planning Nancy Hudson, Community Development Secretary Petitioners, Representatives of Petitioners, Members of the Audience 3) Acceptance of the Minutes. a) January 8, 2014 MOTION: Edward Miller made a motion to approve the minutes of January 8, SECOND: Joseph Leone 4) 6:30 NEW PUBLIC HEARING 44 Swan Street (corner of Cornish and Swan): Application for a Special Permit for a Drive-through Restaurant and Site Plan Approval to construct a 4,317 SF Restaurant and drivethrough and for the construction of two or more non-residential buildings regardless of size on the same lot Deadline: 5/13/14 Chairman Stephen DeFeo read the legal notice into the record*. Attorney Vincent Manzi, representative of McDonald s Corporation Northeast Regional Office and also Methuen Venture Limited Partnership, owner of the plaza, spoke for the record. The plaza is located at the corner of Jackson Street and Swan Street and consists of some big box stores in the back, a Subway, a Dunkin Donuts and a free standing Walgreens, which is not part of the plaza. They also own the homes at 44 Swan Street and 3 Cornish St. Ext. which are all zoned in the BH district. This project calls for the two homes to be razed and to be part of the Site Plan for the proposed McDonald s. Restaurants are allowed in the BH zone with a Special Permit from the Zoning Board. An application for that permit has been submitted and they are 1

2 scheduled to be heard February 26 th. Numerous meetings with the City Departments have been held and reviews from the Engineering Department and TEC show very few outstanding issues. The following improvements will be made to the existing plaza, which is more than 40 years old: 1. A boulevard entrance will be created with some plants and islands 2. More landscaping will be added in front of Dunkin Donuts and the Subway 3. A 6 vinyl fence will be installed along Cornish St. Ext. for the entire length of the plaza Attorney Manzi noted that if the permits are approved and the McDonald s is built, the entire area will be improved, the tax base will be increased and the overall plaza will be a much better plaza when it s finished. John Kucich of Bohler Engineer spoke for the record. McDonald s is seeking to acquire approximately a half acre of property and bring it into the plaza for the construction of a 4,300 square foot restaurant. The building will be situated parallel to Cornish Street Ext. and will face Swan Street. The main entrance will be by the Walgreens. No new driveways will be added. The driveway that is existing on Swan will be the driveway that will be used. The project is supported by 26 parking stalls approximate to McDonalds, with more stalls throughout the entire center. Shared parking agreements will be in place. Most of the traffic will be entering from Jackson Street and move parallel to Walgreens and into the site, which will have one way traffic flow. There is no parking proposed on the western side of the building along Cornish Street Ext. A side by side drive through has been proposed for the site. Side by side drive throughs speed up the ordering process thereby avoiding queues and running engines and gets people off the site more quickly. The layout is very standard and typical to McDonalds. Even though the site is zoned for business, they are very cognizant of the proximity of the residences and have taken that into consideration in the design. The menu boards are located 170 feet away from the residences. The order stations are fully automated with technology that controls the volume depending on the ambient noise. Additionally, the topography of the area puts the restaurant 6-9 feet lower than the abutting area thereby building in a natural visual buffer as well as a sound buffer. They have committed to construct a 6 vinyl fence all the way to the end of the last residence and to plant 32 blue spruce and red cedar for year round screening. Along the front of the building there will be 70 shrubs planted to provide buffering from headlights for the residents of Swan Street. Additionally there will be repairs and enhancements made to the existing plaza parking lot, including signage, striping, traffic islands and additional green space. The architecture of the building, as shown on the architectural plans**, was discussed briefly. It s mostly a brick and block building to be built with quality building materials. All of the mechanical units on the roof will be hidden. All of the outstanding issues in a letter from the Engineering Department dated February 10, 2014* have been addressed. There are two items in a TEC letter dated February 12, 2014 that they would rather not comply with. Those are items 3 and 10. Granite curbing would be a large added expense and it s not a requirement in the regulations. If there was a situation where the curbing needed repairs, McDonald s has the resources to fix it. The traffic study showed no impact to the surrounding area, including the intersection of Jackson Street and Swan Street. Everything had acceptable levels of service and it is not fair that McDonald s should be responsible for what should be City maintenance. McDonalds has agreed to accommodate all of the other items. Joseph Leone asked for a copy of the traffic study which was provided by Mr. Kucich. Charles Perrault asked what the cost projection would be for granite curbing vs concrete curbing. Mr. Kucich replied that it would be 10 s of thousands of dollars. He will provide the calculation. Kathleen Colwell noted the letter from TEC dated February 12, She stated that the office was looking for the curbing to be concrete to match the Dunkin Donuts islands at the entrance. She also noted that sheet C-4 on the plans needed to be enhanced to more clearly depict the landscaping on Jackson Street. The office will also be looking for the location of the handicapped spaces. Mr. Kucich agreed to provide those details. Kathleen Colwell noted that the plans depict a lit McDonald s sign on the side of the building facing Cornish St. Ext. which will be removed. 2

3 Joe Leone asked if there had been discussion with the Engineering Department regarding sewer flow. He noted that it would impact the City of Lawrence and the applicant may be required to get approval from the City of Lawrence because they have a right to approve or disapprove any increase in the flow. He noted that there have been issues in that area in the past. In response to a question by Charles Perrault, Mr. Kucich described the proposed signage on the property. There is a proposed 34 square foot, 20 high pylon site sign located in the front of the building. Other than that there are directional signs proposed at the driveways, as well as the building signs as depicted on the architectural plans**. Attorney Manzi pointed out the signage has been reviewed by the building inspector, who determined that they all complied with zoning, and therefore no variances were needed. Chairman DeFeo opened the floor for public comment. For the record nobody spoke in favor. The following people spoke in opposition: David Noonan, 6 Cornish St. Ext.: Mr. Noonan made the following points: Only the residents of Cornish St. Ext. were notified. Nobody on Cornish Rd. was notified An updated traffic study should be done Nobody from Lawrence was contacted. He has a letter in opposition to the project written to the Zoning Board from the City of Lawrence Any time it rains there is flooding at the corner of Jackson and Swan Streets, causing the road to be closed. McDonald s will exacerbate the problem no matter how big the grease trap is Nearby McDonald s have had problems with criminal activity in the parking lots. This is a detriment to the neighborhood and will cost tax payer dollars for additional police presence. Quality of life for the neighborhood will be effected due to noise, congestion, litter, and odor The dumpster is located directly across from his house and will attract rodents The screen of trees currently growing along the plaza is insufficient to buffer the neighborhood At only 10 paces away, the proposed 6 fence is too close to his property The is not sufficient space for snow storage Lighting will disturb the neighborhood The project does not meet the special criteria in the Comprehensive Zoning Ordinance for a Special Permit for a Drive Through There is no sign at Walgreen s indicating that it is one way The plaza parking lot is repainted yearly and is sufficiently maintained McDonald s contributes to the public health crisis of obesity, especially in children McDonald s provides primarily low wage jobs Notification in the Eagle Tribune is obsolete and notification should be done electronically This project will not improve the neighborhood, it will degrade it Chairman Stephen DeFeo explained that abutter notification is dictated by Massachusetts General Law. He also noted that the Special Permit petition for 24 hours is not before this Board, it will be heard before the Zoning Board of Appeals February 26, Rose Svetly, 12 Cornish Rd, Lawrence: Ms Svetly statted that she wasn t notified and she knows that most of the people on Swan Street weren t notified. She informed the Board of some crime that has occurred in the neighborhood and believes it will get worse if McDonald s comes. She suggested that McDonald s go in the vacant bank or the location of the burned down Chinese Restaurant. They live in a nice residential neighborhood that will be changed if a McDonald s is built. She wondered who owned the houses on the property now and noted that they are not maintained. Greg Nolan, representative of Dunkin Donuts, 40 Jackson St.: Mr. Nolan commented that traffic in that area is very busy in the morning. He asked what the peak hours were that were measured in the traffic study and mentioned that McDonald s was just as much a breakfast business as it was a lunch or dinner business. They 3

4 own 19% of breakfast business vs. Dunkin Donuts, at 7%. McDonald s is scaling back their lunch menu and they are marketing for a coffee business. The morning traffic at that intersection will be exacerbated between 5 and 9 o clock. The challenges are with the morning traffic and they should be considered. He would also like to see the Site Plan and the changes that are proposed around the Dunkin Donuts. He noted that this McDonald s would have 26 dedicated parking spaces and the the three existing McDonald s in Methuen the average number of parking spaces is 38. He thinks this will be a high volume location. Robert Sheehan, 3 Cornish Rd.: Mr. Sheehan recollected when he first moved in to the neighborhood the plaza contained a market and a bank that served the needs of the neighborhood. They are now gone. He understands Methuen s need to increase its tax base but a McDonald s is not the answer. There are three McDonald s in Methuen right now all within five minutes from this location. We don t need another one. Alexy Vega, 14 Cornish Rd., Lawrence: Mr. Vega mentioned that he is the Chief Assessor in the City of Lawrence. He also mentioned that he was not notified and nobody on Cornish Road was notified on the Methuen abutter listing. He stated that his neighbor David Noonan addressed most of his concerns. He said he thinks there will be functional obsolescence and there will be droves of abatement applications because of Cornish Road. Home values will definitely depreciate. He asked if this Board was copied on a notice that the Mayor of Lawrence had sent to the Zoning Board. The Mayor of Lawrence is adamantly against the demolition of residential properties. Mr. Vega is glad the sewerage issue was brought up because it s definitely an problem. He also stated that if this isn t essentially killed in this meeting they will try to do something at the Zoning Board because the Mayor of Lawrence is adamantly against this site being constructed. He recommends that this Board speak to the Mayor of Lawrence if there are any questions because they would definitely like to meet with this Board. Kevin Parent, 12 Cornish St. Ext.: Mr. Parent stated that he has some problems with the existing issues of the mall in its current state due to noise, loud music from cars, and loiterers. He noted that he has a problem with trespassers defecating in his yard and leaving hypodermic needles behind. He is concerned that McDonald s will make the problems worse. He doesn t see how a 6 fence will protect him from that at all hours of the day. He also asked what the existing traffic counts are and the impact McDonald s will make. It s not like an old business is moving out and a new one is moving in. Residential housing is being torn down and we are adding business and noise and the potential for more crime. Chairman DeFeo stated that we don t have the traffic numbers right now but we can get them from the applicant. Elizabeth Haddock, 12 Cornish St. Ext.: Ms Haddock indicated that her house was at the corner of Cornish St. Ext. and Swan Street making her McDonald s neighbor. She is concerned with the noise and the lighting. She noted that currently the truck noise from Walgreen s is extremely loud and she can feel her house shake when they drop the pallets. There is also a lot of noise when they are cleaning and she can only imagine that this will increase with McDonald s. She also mentioned that she gets lots of trash blowing into her yard from the other businesses. Things have been stolen from her yard. She is also concerned about mice because of the food. The safety of her children and a decrease in the value of her home is a worry as well. She pointed out the 3 Cornish St. Ext. has been vacant for quite a while and is in bad shape but that 44 Swan St. is in good condition. Marie Sheehan,.3 Cornish Rd: Mrs. Sheehan wants to know if in the traffic study they have gone back and they have seen what the accidents and the congestion has been from Swan St. to Jackson St. and what the fatalities have been. She has lived there almost 16 years and there have been 2 deaths on that road. It s a 20 mph road. She wants to know if they have taken that into consideration. Le Brendan, 2A Cornish Rd: Mr. Le agrees with what his neighbors have said. The neighborhood will not appreciate a McDonald s in that location. It is already too noisy there with the trucks unloading and he has difficulty sleeping. The traffic is terrible and the cars speed on Swan St. Even though the speed limit is 20 mph, people travel mph up the hill. Vincent Manzi noted that the traffic study is a brand new traffic study that has been peer reviewed by TEC and has shown that this development will not increase any problems in the area. Regarding public safety, the Police Department does not anticipate increased problems with this project and the Fire Department has reviewed the plan and provided written comment dated January 23, 2014*. Attorney Manzi also pointed out that he obtained certified abutter lists from both the City of Methuen and the City of Lawrence and properly notified all abutters. 4

5 Charles Perrault pointed out that one of the abutters had a concern with the location of the dumpster and asked if there were any alternative locations for the dumpster on site. John Kucich stated that they generally prefer to locate the dumpster in a back corner but they could shift it if the Board saw fit. Rose Svetly, 12 Cornish Rd, Lawrence: Ms Svetly asked if the Methuen or Lawrence Police were contacted for the traffic study. She mentioned that she has seen the Lawrence Police parking on Cornish Street and the Methuen Police parking on Cornish St. Ext. in order to catch speeders coming down Swan Street. She noted that the speed limit sign was only erected after the two people were killed. She explained that people regularly drive 40 or 50 mph on Swan Street. It s extremely dangerous for the children going to school and coming home. This project will have a very large impact on the residents. Robert Sheehan, 3 Cornish Rd.: Mr. Sheehan stated that the traffic conditions on Swan Street are dangerous. It is very dangerous for children at the bus stop. He has stood out there and seen it because he would not leave them alone. He has seen the police looking for speeders going up or down the hill. There is an average of three or four accidents per year there. David Noonan, 6 Cornish St. Ext.: Mr. Noonan indicated that that corner is a bus stop. Now with a drive through serving breakfast it would be even more concerning with the clientele that McDonald s has. It will be dangerous for children because of the traffic and the shady clientele. There is a concern that someone at the drive through could swoop up kids. There are a lot of young kids in this neighborhood. There is a dead end sign erected but there is still a lot of turn around traffic that goes very fast. With increased traffic from McDonalds they will have more traffic on Cornish St. Ext. as well. Greg Nolan, representative of Dunkin Donuts, 40 Jackson St.: Mr. Nolan reiterated the need for a traffic analysis including morning peak hours. He asked for a copy of the traffic study so his traffic engineer can review it. Chairman Stephen DeFeo stated that a copy would be available from the Community Development Department. Elizabeth Haddock, 12 Cornish St. Ext.: Ms Haddock stated that this property was right on the border of Lawrence and Methuen and most of the people that go into the shopping plaza are from Lawrence. She believes that a review of crimes committed at McDonald s in Lawrence would be more applicable than in it would be to look at Methuen. Chairman Stephen DeFeo recommended tabling this until the next meeting and a permit for a Restaurant Use is heard before the Zoning Board of Appeals. MOTION: Joe Leone moved to table the public hearing until the next meeting, March 12, SECOND: Ted Rademacher Chairman Stephen DeFeo called a 5 minute recess. The meeting reconvened at 8:02 pm. Chairman Stephen DeFeo entertained a motion to amend the agenda by taking item 6) out of order. MOTION: Joseph Leone so moved. SECOND: Charles Perrault 5

6 6) CONTINUED PUBLIC HEARING - Maple Park (2 Maple Street): Application for a 12 lot Definitive Subdivision based upon a Special Permit for an Open Space Residential Development issued on November 10, Deadline: 2/28/14 Attorney Vincent Manzi, representative of the applicant stated that they have been working on the issues and believe that all of them have been resolved. The applicant has agreed to post a $24,000 cash bond for future maintenance of the stormceptor, which was the last big issue. David Jordan, engineer for the applicant stated that all of the outstanding issues have been addressed. He noted a letter from the Engineering Department dated February 11, 2014* that contained a few minor details that can be conditioned. The owner has reached an agreement with the owner on the corner of Maple Street and Howe Street to make improvements that will improve the sight distance at that intersection. All of the vegetation will be removed and the slope at the edge of the property will be cut down. Mr. Jordan also noted that they have been through the Conservation Commission, the public hearing has been closed and an Order of Conditions will be issued at the next meeting. They are finalizing their Conservation and Management Permit with Natural Heritage and they will be conveying the open space associated with this permit to the City of Methuen. The Conservation Commission will be managing the open space in perpetuity. Kathleen Colwell referred the Board to a draft decision* and suggested that the Engineering Letter of February * be incorporated into the decision as additional conditions. She also sought the Board s comments on the timing of the site work at the Howe Street intersection and the certification of the affordable unit. Joe Leone questioned whether the applicant would be furnished with a list of approved construction monitors. Kathleen Colwell responded that this Board currently uses TEC as their construction monitor. Joe Leone stated that he would like to see the sight distance work get done in time for construction vehicles to pass through so that can get in and out of the site in a safe manner, prior to the construction of any houses. It should be done as part of the site work. He also stated that he agrees that the affordable unit should be certified by the state by the 6 th occupancy permit. David Jordan stated that the applicant is agreeable to that condition. Attorney Vincent Manzi stated that the stormceptor maintenance bond would be posted at the end of the project prior to street acceptance. MOTION: Joseph Leone moved to close the public hearing. SECOND: Edward Miller MOTION: Charles Perrault moved to approve the petition with conditions set forth in the draft decision*, with completion of site work at the intersection of Howe Street prior to issuance of the first building permit, and incorporating as conditions, items in a memo from the Engineering Department dated February 11, 2014*. SECOND: Joseph Leone 5) CONTINUED PUBLIC HEARING Emerald Pines (off Howe Street and Pine Tree Dr.): Application for a Special Permit for a Multi-Family and Attached Dwellings Development to construct 140 single family dwelling units and a clubhouse. Deadline: 4/18/14 6

7 David Jordan, engineer for the applicant discussed the plans that have been submitted to both the Community Development Board and the Conservation Commission. The plan set submitted to the Community Development Board addressed the majority of the issues from the Engineering Department and TEC. The most recent submission was revised to address the concerns the Conservation Commission had, primarily storm water quality and resource area restoration. Mr. Jordan reviewed the plan in detail with the Board. In the front are the 20 existing homes in Phase I that were previously approved. Coming into the Toll site there are 140 single family, 55+, detached homes known as The Villa Collection. WATER The water, which now comes down Pine Tree Drive, past existing homes, almost all the way down to where the existing pump station is, will be looped through an easement to Judith E Lane. SEWER A new pump station will be constructed adjacent to the existing pump station in the early stages of the construction of this project. Once the new pump station is completed, the old one will be switched over so there will be no interruption in sewer service. This pump station will serve the 20 existing lots, the homes on the front side of the major wetland crossing, as well as the clubhouse. Several of the existing homes are currently on ejector pumps and they will be tied into the gravity sewer system. When all of the work is complete, everybody on that side of the major wetland crossing will be tied into a gravity system feeding the new pump station, which then goes back out to Howe Street. Everybody on the south side of the wetland crossing will be on a separate pump station to be constructed. There will be a force main running parallel with the water line to to the gravity system at Judith E Lane. Both pump stations will have battery backup, to City standards. DRAINAGE & OVERALL SITE DESIGN When you come into Villa Collection, just past the last single family home, immediately to the left will be where the clubhouse and amenities area are located. There will be a 24 driveway to provide access, with a parking lot and a fully accessible clubhouse building, a pool in the rear, tennis courts, and a gazebo. They will be crossing a wetland in that area and there will be a box culvert positioned at that location. Continuing further down Pine Tree Drive, on the left will be one of the two short cul de sac roads. The drainage for this will be collected and treated in a closed drainage system feeding an infiltration basin. This is one of seven infiltration basins located throughout the property. Wherever possible, they are trying to collect the water where it s been generated, treat it and release it, rather than bring it into one large centralized area. There is a minor stream crossing in this area associated with the construction of the road. As you continue further down Pine Tree Drive there is a series of homes on the left hand side. There is a wetland buffer and the amenities area to the right. This is approaching the large wetland crossing and is the location of the units that will be designated as model homes. One of the spaces designated as a unit will be used as a parking lot during construction. They are requesting to construct 6 model units. Beyond this is the existing pump station and the new pump station location. At this point you will cross the major wetland. An arch culvert will cross a small channel. There will be a 25 clear span underneath and an 8 clear high height at the center. This meets the requirements of the Conservation Commission, Natural Heritage and DEP. A small cul de sac with several units is located on the other side of the wetland crossing as well as some units along Pine Tree Drive and one of the detention basins. A little further down road C veers off to the left with houses on both sides. There are several detention ponds behind a few of the units, a large one that takes most of the runoff from Road C and a small on that takes some of the runoff from Pine Tree Drive. Continuing around toward the back of the site there are houses along both sides of Pine Tree Drive. In between is open space and a large detention basin behind the units in this area of Pine Tree Drive. In each of these situations there are sediment forbays, treatment within the basin or adjacent to the basin, meeting the storm water quality and quantity requirements. Pine Tree Drive then ends in a cul de sac, Road C ties back in, and there is another detention area. It is off of the end of Pine Tree Drive that the sewer force main and the water main continue to Judith E Lane. Kathleen Colwell stated that the plans are still under review by the Department. Review letters have recently been submitted by the Engineering Department dated February 11, 2014* and from TEC dated February 10, 2014*. 7

8 Stephen DeFeo asked if there were any significant changes to the original plan set that was presented to this Board. They have just been fine tuning some of the grading of the units, adjusting the drainage basins, and meeting the requirements of Natural Heritage and the Conservation Commission. Mr. Jordan responded that there are not any significant changes. The road layout is the same, the number of units is the same, the roads are in the same position, the clubhouse is in the same area and the limits of work are the same. Kathleen Colwell asked Mr. Jordan to discuss the wetland crossing and noted that they would be requesting waivers. David Jordan noted that a lot of attention has been focused on the wetland. He explained that a large wetland is coming in from the east. It narrows down, passes through this area and ends up on the west side of the property and flows down to Hawkes Brook. They need to cross several hundred feet in length and they are crossing at the narrowest point. The Conservation Commission has determined that this qualifies as a limited project which is important in terms of their impacts. DEP, Natural Heritage and the Conservation Commission requested that they make the wetland impact as minimal impact possible. Because of that the applicant is requesting a waiver for road width through here. They are proposing 26 of pavement whereby the regulations call for 34 of pavement. They are asking to eliminate a grass strip over the crossing so that there will be pavement, curbing and then a five foot sidewalk and a guardrail immediately behind the sidewalk. On the opposite side they are proposing to eliminate the sidewalk and offset the pavement by a foot from the edge of pavement. Guard rail to guardrail the width will be 40 in this location, where previously they had it at 48. The pavement width has not been narrowed, it s still at 26 but they will be requesting a waiver to eliminate the grass strip on one side and narrow down the grass strip on the other side, in order to minimize their footprint over the wetland. There will be grates in the center of roadway to allow light penetration for wildlife passing through. In response to questions by Joseph Leone, Mr. Jordan explained that the width of the pavement is 34 in the existing portion of Pine Tree Drive. They will continue with the 34 width past the clubhouse to the intersection of the Road A, where it would begin to taper down to 26 and remain 26 throughout. They will be requesting a waiver for sidewalk on one side of the road. Kathleen Colwell requested that Mr. Jordan review the proposed landscaping at Judith E Lane. Mr. Jordan displayed the landscaping plan**. He pointed out the area where they will be connecting the water and sewer lines. Once the connection is complete they will adequately landscape the area adjacent to Judith E Lane so that the utility easement is not apparent. It will be restored in a manner as to discourage walking or ATV traffic. They will densely vegetate at least the initial 20 with evergreens and possible some boulders. Chairman Stephen DeFeo noted that the department hasn t had a chance to review the latest set of plans and he recommends continuing until the next meeting. MOTION: Joseph Leone moved to continue the public hearing until the next meeting, March 12, SECOND: Charles Perrault 7) Consent Agenda. For the record there was nothing on the consent agenda. 8) Zoning Issues. For the record there were no zoning issues. 9) Form A Plans. 8

9 For the record there were no Form A Plans. Approved by the Community Development Board 03/12/14 10) New Business: a) Broadway:- set public hearing date for a special permit for a small retail use in the Central Business District Kathleen Colwell recommends setting the public hearing for March 12, 2014 at 6:30 pm. Hearing no objection from the Board, Chairman Stephen DeFeo set the public hearing as recommended by the department. b) Election of Officers MOTION: Joe Leone moved to amend the rules of the Community Development Board by postponing the election of officers until the March 12, 2014 meeting when the full Board will be present. SECOND: Edward Miller c) Any other new business For the record there was no other new business. 11) Old Business: d) 224 East Street endorse site plans Kathleen Colwell stated that the plans had been reviewed by the Engineering Department and had been sent to TEC and they are ready to endorse. Chairman Stephen DeFeo entertained a motion to endorse the plans. MOTION: Ed Miller so moved. SECOND: Ted Rademacher e) Nelson Farm Definitive Subdivision (Rick s Way) release final bond For the record, Chairman Stephen DeFeo passed the gavel to Vice Chairman Joseph Leone. Chairman DeFeo recused himself and exited the chambers. Kathleen Colwell explained that the City Council voted to accept the road in January and it was transferred to the City in February. The developer has requested that the City release all remaining funds. The City is holding a bond and project review funds. MOTION: Ted Rademacher moved to release the remaining bond and engineering review fees. SECOND: Charles Perrault DISCUSSION: Charles Perrault asked if there were any fees owed. Kathleen Colwell clarified that there were no fees owed, but a balance of approximately $1,900 to be returned to the developer. 9

10 For the record Stephen DeFeo returned to the Board. f) Any other old business For the record there was no other old business. 12) Correspondence. For the record there was no additional correspondence. 13) Adjournment. Approved by the Community Development Board 03/12/14 There being no further business before the Board, Chairman Stephen DeFeo entertained a motion to adjourn the meeting. MOTION: Joe Leone so moved. SECOND: Ed Miller Chairman Stephen DeFeo adjourned the meeting at 8:48 pm. Respectfully Submitted, Nancy P. Hudson Community Development Secretary * Indicates a copy of document attached to the minutes of record on file in the Office of the City Clerk, 41 Pleasant St., Methuen, MA ** Indicates document on file in the Community Development Office *** NEXT REGULAR MEETING March 12, 2014 *** 10