by Frank Schroth

While there may have been hope that the hearing on a comprehensive permit for the Hendries site would have been closed at last night’s session of the Boad of Appeals, it wasn’t. The hearing has been continued until January 15th at which time the board expects to obtain information needed regarding storm water management, close the hearing, and begin deliberations.

The session focused on three issues:

• Chief Grant appeared to follow up on fire safety issues. The Chief had previously raised concerns about access to the building in event of a fire or other emergency. Last night he reiterated those concerns. He said that the proximity of the building to the MBTA tracks was an issue as there was insufficient space to get fire apparatus in. Nor could ground ladders be used due to trolley wires. Aluminum ladders in area of live wires was also cited as a danger. Grant said the power could be killed but that the 50′ ladders needed to reach a structure of that height could not be used because the wires would be in the way. Similarly, he said if the town were to construct a building on their portion of the parcel the setbacks would be challenging for same reasons. The fire safety engineer for Carrick had stated at the previous session that the proposed building is compliant with current fire codes. Grant acknowledged that the building was likely compliant with code but that Milton Fire Department was not structured for these type of building configurations (i.e. buildings connected to each other as found in Boston). He said the resources of the department were structured to address the types of buildings found in Milton; free standing homes accessible on four sides. BoA member Frank O’Brien asked, “Will building this building keep you up at night?” Grant replied, “It will give me pause .  .  . but I will sleep and leave here with a clear conscience.”
• Peter Freeman, the attorney representing the developer, Carrick Realty, confirmed the parking plan for the building would include a sticker system for residents (57 spaces) and that the 14 spaces allocated for visitors would be monitored by an on site manager. He also confirmed that the developer would make a deposit into an escrow account for the purpose of installing signalization should one need to be installed at the intersection of Eliot and Central.
• The engineer tasked with storm water management for Carrick was present and said that their investigation in ongoing. They have contracted with a firm to do analysis of the existing pipe infrastructure. However, the firm won’t begin work until January. The issue is a determination of how current run off is managed and where it goes. That is not known. The plan calls for connecting to town systems and attorney Freeman assured the board that all work would be done in compliance with the DPW regulations. Freeman said that all the concerns on this issue had been addressed. Further, Chair Hurley seemed inclined to have the Conservation Commission be the authority on this issue and rule accordingly. He asked Kathleen O’Donnell, an attorney representing the town’s interests, if the storm water issues weren’t best addressed by the Conservation Commission. O’Donnell stated that it fell within the purview of the BoA as a waiver was being requested from them. “We need to know the conditions and we don’t.” Member Daiber also asked about whether the Con Com had an opinion on which were more stringent, local environmental bylaws or state laws. There was no answer to that. Kiernan, Chair of the Conservation Commission, had appeared at earlier session of the hearing and suggested a joint meeting of the boards but that has not occurred. Craig McNaught, a member of the Conservation Commission, was present in the audience at last night’s session but did not speak. Hurley concluded that “If this is in our purview then we need to hear that all of this has been worked out.” The board agree to continue the hearing until January 15th to give the Carrick engineers time to complete their analysis.

Hurley said they would continue the hearing one more time to deal with the DPW issue, then close the hearing, and “hopefully reach a decision in principal.”