2005-05-23 Community Planning and Development Commission Minutes

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them because the regulations made no provision for mitigation. A few applicants went to the ZBA and the ZBA allowed them their permits if they did not increase the impervious cover. Taking a cue from these ZBA's decisions, the building inspector (Glen Redmond), the conservation administrator (Frances Fink), and Joe Delaney met and together wrote the "Policy Establishing Aquifer Protection District Infiltration System Design Guidelines". The policy addresses three cases: 1. New Construction: Applicants are allowed 15% impervious cover and may increase that to 20% if compensating infiltration is provided. Example: If cover is 18%, then applicant must build an infiltration system that will provide at least 3% infiltration. 2. Pre-existing, Non-Conforming lots having more than 15% and less than 20% impervious cover: Like New Construction and the infiltration system must compensate all cover above 15% not just what is beyond the starting percentage. Example: If cover starts at 18% and applicant increases cover to 20%, then applicant must provide at least 5% infiltration not just 2%. 3. Pre-existing, Non-Conforming lots in excess of 20% impervious cover: A permit will be issued if the applicant does not increase the current cover and builds an infiltration system to improve the situation. The goal is still 15% cover but the town recognizes that this may not be feasible given the constraints of the site. In the first two cases, impervious cover over 20% will require a ZBA variance. In the third case, any increase in the percentage of impervious cover will require a ZBA variance. Joe Delaney noted that the policy also provides guidelines for the design of infiltration systems. Joe Delaney concluded by saying that this is policy is now in effect. He added that the Town Manager, Peter Hechenbleikner, asked that this policy be issued as a design guideline in the Board of Selectmen's policy book. The Board members all thought that this was a very good policy and they thanked Joe Delaney for bringing it to their attention. Public Hearing (continued): Definitive Subdivision Richard Merrill Trustees, 175 Franklin Street (Action Date: June 30, 2005) Attorney Brad Latham appeared for the applicant. NS opened the Public Hearing. CR said that this item is continued from the meeting of February 28 when the applicant asked for more time to present his case to the appropriate boards. Page 2 of 11