Published in the July 18, 2018 edition
By DAN TOMASELLO
LYNNFIELD — The proposed Perley Burrill subdivision is starting to take shape.
The Planning Board and Board of Selectmen have taken steps to begin the process of moving the Perley Burrill subdivision forward. The Planning Board approved a definitive subdivision plan for the 914 Salem St. property in a 4-0 vote last month. Planning Board member Katherine Flaws was not present at the meeting.
According to the Perley Burrill decision obtained by the Villager, the proposed two-lot subdivision’s private shared driveway will be 20 feet wide, which is less than the 26-foot requirement for roads. The proposed cul-de-sac width will be 60 feet instead of the full right-of-way width.
The subdivision will include a Cape Cod berm, which will be constructed along portions of the shared driveway in order to provide drainage for stormwater management. The subdivision will not include granite curbing in the right-of-way. There will be no sidewalks at the subdivision.
Planning Board Chairman Brian Charville informed the Villager that the board voted to add an additional item to the decision requiring that the “subdivision identify the two homes’ addresses by ‘conspicuous signage.’”
“That addition was driven by the board’s concern that the homes be easily locatable despite having a shared driveway on Salem Street,” said Charville. “The Fire Department had weighed in and said it was not concerned by the two homes sharing a driveway. The board’s members will sign the revised decision letter and definitive plan once they’re printed and ready in our office.”
The Planning Board discussed the proposed Perley Burrill subdivision at three different public meetings this spring.
“I was pleased for the Planning Board to play a role helping to plan for the future use of the Perley Burrill site,” said Charville. “The selectmen, town administrator, town counsel and town engineer have led from the front on this and it’s encouraging to see a long process nearing its end. It’s always good to have a tax-title property return to productive private use. The two-lot subdivision, if built, will ensure that the property’s use is residential, consistent with the parcels surrounding it.”
Two agreements OK’d
In addition to the Planning Board approving the plan for the proposed two-lot Perley Burrill subdivision, the Board of Selectmen approved two agreements pertaining to the Salem Street property on Monday.
The selectmen voted 2-0 to approve an encroachment agreement with abutter Nicholas Boghos, 898 Salem St. Town Engineer Charlie Richter gave an overview of the pact to the selectmen.
“As we were developing the plan for the Perley Burrill subdivision, we realized that the gas station building actually encroached on a neighboring property at 898 Salem St.,” said Richter. “This wasn’t an issue until both properties were individually owned because the same family owned the properties for many years. Now we are proposing to have the building removed as part of the subdivision, which necessitates the encroachment agreement with the abutter.”
According to the agreement, five feet of the building is located on the 898 Salem St. property. The pact stipulates that the town will require the person who purchases the property to remove the building “as a condition of the sale of the property.” Boghos will also allow the future property owner or their contractors to enter the 898 Salem Street property “for the purpose of removing the encroachment.” The developer will be required to pay for any damages to the abutting property while the building is razed.
In response to a question from Selectmen Chairman Dick Dalton, Richter said Town Counsel Tom Mullen crafted the agreement. He said Boghos requested some “minor” changes to the pact.
After Richter concluded his brief presentation, Dalton and Selectman Phil Crawford voted to approve the encroachment agreement.
Additionally, the selectmen voted 2-0 to approve the conditional approval contract for the subdivision.
“This contract is an agreement between the Planning Board and the applicant for the subdivision,” Richter explained. “For the approval of the subdivision, the applicant agrees to have the proposed lots held until a bond is placed with the Planning Board. This is needed before the Planning Board signs off on the decision for the property.”
The selectmen’s two votes pertaining to the Perley Burrill subdivision come in the wake of another 2-0 vote earlier this year, when the board voted to include deed restrictions on the property. The deed restrictions will ensure only two homes are built at the site. A number of abutters previously expressed concerns that as many as four homes could be built.
The next step in the process is for the town to sell the property at an auction. Town Administrator Rob Dolan informed the Villager an auction date has yet to be finalized.
The Board of Selectmen voted to foreclose on the Perley Burrill property in August 2016 for former owner Joseph Pedoto failing to pay back taxes to the town. The selectmen were able to foreclose on the property because the Brownfields Act allows cities and towns to foreclose on properties for non-payment of taxes.
Selectman Chris Barrett, who has recused himself from Perley Burrill discussions at previous meetings because he is an abutter, was not present at this portion of the meeting.
