12/13/2011 Planning Board Meeting

12/13/2011 Planning Board Meeting

Postby Mary Wright » Sat Jan 14, 2012 12:23 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, DECEMBER 13, 2011


A meeting of the Planning Board was held on Tuesday, December 13, 2011. Mr. Marks called the meeting to order at 7:03 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE
PRESENT: Ernest Marks (Chairman), Mark Mungeam, Derek Brown, Eben Chesebrough, Robert Werme Jr., Michael Zwicker, Tracy Sharkey, Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent).
ABSENT: Maureen Gallant (Associate Member).

7:04 PM 2012 PLANNING BOARD MEETING SCHEDULE
The 2012 Planning Board Meeting Schedule was reviewed. Some discussion was held regarding the summer schedule. It was agreed to leave the schedule as is for now. Mr. Chesebrough made a motion to adopt the 2012 Meeting Schedule. Ms. Sharkey seconded the motion. Vote unanimous.

7:06 PM PUBLIC HEARING CONTINUED: #SPR 10.0614-01 AMERICAN PRO WIND APPLICATION FOR SITE PLAN REVIEW
The Public Hearing for American Pro Wind Application for Site Plan Review was opened. Mr. Ernesto Capaorotta joined the meeting to discuss the status of the project. He reported on the progress with the Power Purchase Agreement and noted that they are now waiting to see if the federal incentives will be extended. Some discussion held. It was suggested that another date be set to give the Board an update on the status of the project. The time frame for the variance was discussed. Ms. Reynolds noted that they have until November 2012. The exact date will be brought back to the Board.
Mr. Anders, Blueberry Hill, noted concerns regarding the time frame of the environmental impact study, the ownership of the land and the tax status of the land. Mr. Chesebrough asked that the tax status be confirmed.
Mr. Chesebrough made a motion to continue the Public Hearing to March 13, 2012 at 7:00 PM. Mr. Brown seconded the motion. Vote unanimous.

7:17 PM PUBLIC HEARING CONTINUED: COOPERTOWN REALTY TRUST APPLICATION FOR AN AQUIFER PROTECTION SPECIAL PERMIT & APPLICATION OF AN EARTH REMOVAL PERMIT
Mr. Michael Weaver from Guerriere & Halnon, Inc. representing the applicant joined the meeting. He reviewed previous questions raised by the Board including the distance of the closest house, which is 54 feet away; and the contours of the land and water shed which he described. He reviewed the Graves Engineering comments in detail.
Discussion held regarding determination of primary purpose of the project. Concern noted that if the excavation is incidental to the primary purpose of a farm stand than it may be not be necessary to excavate the entire site. Mr. Jay Talerman, Town Counsel, discussed the need for further information to determine the agricultural pursuit, as well as the relationship of the earth removal to the agricultural purpose. It was questioned if consideration was given to locating the barn and green house at the front side of the site. Mr. Weaver indicated he did not give that consideration however, he did not believe there was sufficient space.
The process of obtaining a driveway permit was discussed. The proximity of the driveway to the High School driveway as well as the truck traffic was discussed. Mr. Weaver will add the sight lines coming out of the driveway to the plan. The process of obtaining a building permit was discussed. The need for peer review to look at the amount of excavation needed was noted. In addition, it was suggested that a technical review be done for locating the green house at the front of the site. The need for site plan review was discussed. Mr. Talerman indicated that site plan would be required.
Andrew Smith, 21 Monroe Street noted concerns regarding the reclamation of the slope, and whether this use is permitted under the Farm Act. Jeremy Flansburg, 63 Munroe Street noted concerns regarding the 25-foot buffer including what will be done with the stumps. In addition, he questioned how the corners would be cut. Mr. Weaver discussed the radius of the tree line in the corners. Mr. Flansburg also noted concern regarding the truck traffic. Mr. Smith noted concern regarding property values declining due to the slope in the back.
The process of getting the review from Graves was reviewed as well as the process moving forward was discussed. Mr. Mungeam made a motion to continue the Public Hearing on January 10, 2012 at 7:15 PM. Mr. Chesebrough seconded the motion. Vote unanimous.

9:00 PM MAPLE HEIGHTS SUBDIVISION (BAYSIDE BUILDERS)
Mr. Michael Darcy, Bayside Builders, joined the meeting to discuss the Maple Heights Subdivision. He noted the need to have the No Build Covenant, which has been agreed to by Town Counsel, and the Homeowners Association to be approved by the Board. Discussion held. Ms. Sharkey made a motion to accept the No Build Covenant for lot #1 in Maple Heights Subdivision with the stipulation that it will not be released until the Homeowner’s Association is filed with the Registry of Deeds. Mr. Chesebrough seconded the motion. Vote unanimous.

9:08 PM PUBLIC HEARING: DOUGLAS SOLAR, LLC APPLICATION FOR SITE PLAN REVIEW
The Public Hearing for Douglas Solar, LLC Application for Site Plan Review was opened. Mr. Steve O’Connell, Andrews Survey Engineering, joined the meeting to discuss the project. This is for a property on Brookside Terrace. He noted that approval has been received by the Zoning Board. He discussed the process of set up, monitoring, maintenance, and security. He clarified that it will be a 2.4-megawatt DC solar electrical facility.
Discussion held regarding the process of bringing panels in, security, fencing, signage and lighting. There was some question as to the Fire Chief’s comments. It was also suggested to get some comments in writing from the Water Department. It was suggested that an annual inspection report be provided as a condition of the site plan. Hazard signs every 100 feet or better will be included as a condition also. If any lighting is suggested, Planning Board approval would be necessary, however, the Board agreed to wait for comments from the Chief before making any decision on this.
Ms. Reynolds inquired about the bonding for decommissioning process. It was noted that an agreement is in place with the landowner. It was suggested that protection for the Town could be included as a condition. It was suggested that the fencing be 8 feet high. It was also suggested that 24-hour emergency contact information be included on signage at the gate. The process of providing training sessions with first responders was noted. It was noted that the Assessor has just assigned the address as 9 Brookside Terrace.
Ms. Sharkey noted that she does work for a direct abutter, however, she foresees no conflict of interest. Mr. Zwicker made a motion to continue the Public Hearing for Douglas Solar LLC to January 10, 2012 at 8:15 PM. Ms. Sharkey seconded the motion. Vote unanimous.

10:11 PM ANR PLAN: SUSAN E. WHITE NORTHWEST MAIN
Mr. Lance Anderson, Heritage Design, joined the meeting to discuss the ANR Plan for Susan White on Northwest Main. This involves splitting the lot into a 2.13-acre lot with the remaining 4.5-acre lot. Discussion held. Ms. Sharkey made a motion to endorse the ANR Plan for Susan B. White on Northwest Main Street. Mr. Mungeam seconded the motion. Vote unanimous.

10:15 PM LAKEWOOD ESTATES
Mr. Yerka joined the meeting to discuss the Mylar plans and covenant for Lakewood Estates. Mr. Zisk discussed the process moving forward. He noted that the Board would have to approve and sign the No Build Covenant, and that the attorney’s Certificate of Title, the Declaration of Covenant, and sample deed need approval to form.
Mr. Chesebrough made a motion to accept and approve the No Build Covenant for Lakewood Estates. Mr. Brown seconded the motion. Vote unanimous. Mr. Zisk noted the deadline date for completion of improvements needs to be completed in order to be recorded. December 31, 2013 was noted as the appropriate date. Mr. Cundiff noted that the burden of acknowledging the time line falls with the proponent.
Mr. Chesebrough made a motion to approve as to form the attorney’s Certificate of Title. Mr. Mungeam seconded the motion. Vote unanimous. Mr. Chesebrough made a motion to approve as to form the Declaration of Covenant. Mr. Mungeam seconded the motion. Vote unanimous. Mr. Chesebrough made a motion to approve as to form the sample deed. Mr. Mungeam seconded the motion. Vote unanimous.

10:24 PM SUBDIVISION STREET ACCEPTANCE BIDS
Mr. Zisk reviewed a chart, which indicated the breakdown of all the bids solicited for the completion of work for subdivision street acceptance. Mr. Cundiff explained the un-reconciled account. He noted that after discussions with the Financial Director, she is satisfied with the Board voting to expend from this account.
Mr. Zisk noted that the bounds seem to be the most expensive item. He recommends sending out to bid without task one. It was the consensus to focus on what is needed to get these roads accepted at Town Meeting. The time frame was noted. It was the consensus to authorize that this be sent out to bid without task one and that this be brought back to the Board as soon as possible.

10:36 PM MINUTES: 11/8
The minutes of November 8, 2011 were tabled until the next meeting.

10:37 PM. ADJOURNMENT
Ms. Sharkey made a motion to adjourn the meeting at 10:37 PM. Mr. Brown seconded the motion. Vote unanimous.

Respectfully submitted,

Lisa Lannon
Recording Secretary
Mary Wright
 
Posts: 481
Joined: Thu Jan 12, 2012 8:56 pm

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