February 26, 2013 Planning Board Meeting

February 26, 2013 Planning Board Meeting

Postby Mary Wright » Tue Jul 16, 2013 7:02 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, FEBRUARY 26, 2013

A meeting of the Planning Board was held on Tuesday, February 26, 2013. Mr. Marks called the meeting to order at 7:00PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE
PRESENT: Ernest Marks (Chairman), Derek Brown, Eben Chesebrough, Michael Greco, Tracy Sharkey, Robert Werme, Jr., Michael Zwicker, William Cundiff (Town Engineer)
ABSENT:

7:00 PM DISCUSSION: SIGN BYLAW STUDY GROUP
Mr. Cundiff updated the board. The Sign Bylaw Study Group had a preliminary draft prepared and had town counsel review it. Mr. Cundiff asked for the board’s permission to continue researching and developing a draft version of the sign bylaw. It was the consensus of the board to allow it.

7:05 PM ANR PLAN: CATHERINE OLSON, WINTER STREET
Ms. Sharkey recused herself. Mr. Cundiff presented the history of the plan. It was submitted previously back in February 2005. Gerald Sughrue, attorney for Guaranteed Builders, Inc. joined the meeting. GBI was before the judge two weeks ago where they postponed the final hearing and final trial until April to come before the Planning Board to try and resolve.
Mr. Sughrue stated that Winter Street was accepted in 1976 by town meeting as a public way. It has been certified three times by the town clerk, prima facie evidence of a public way. It has never been discontinued by town vote. It is their position that it is a town way, used for town purposes and they feel they are entitled to a signed plan.
Mr. Cundiff’s comments remain to be addressed. Mr. Cundiff attached “Determining ANR Endorsement” from the State’s ANR Handbook. If these five questions are satisfied, then the plan needs to be endorsed. A discussion was held,
Mr. Chesebrough made a motion to endorse the ANR for a division of land on Winter Street on assessor’s map AM274, lot A and consisting of two lots plus a non-buildable parcel. There will be minor modifications made to the map notes and map references. Mr. Zwicker seconded the motion. Vote: Aye-4, No- 2.

7:33 & 8:05 PM DECISIONS: FUNARI SITE DEVELOPMENT
1. Whitin Reservoir Estates-Flexible Development Special Permit (FD-120403)
7:33 PM: Ms. Sharkey rejoined the meeting. Regarding a cash contribution, Mr. Cundiff learned from town counsel that the bylaw is valid and in full force and effect. In order for the Planning Board to control the cash contribution for a certain use, it would have to go to town meeting. Funari could make a donation, which would go into the General Fund, and then it would have to go to Town Meeting to be earmarked for a specific use. A discussion was held. Ms. Jeanne Lovett joined the meeting to clarify the process. Mr. Chesebrough suggested using the cash contribution for road improvements to Douglas Hill Way or Northwest Main Street. Mr. Cundiff suggested they accept the money, but move forward with a warrant article for this town meeting.
8:05 PM: Steve O’Connell of Andrews Survey & Engineering, Inc. and Lori Funari joined the meeting. Mr. Cundiff reviewed the application and conditions. A total of 12 building lots are proposed for the site; 4 are bonus units. For the affordable requirement, they need to provide either one low or one moderate-income lot. Town counsel has reviewed this with the applicant. The board was in agreement.
2. Whitin Reservoir Estates-Modification of a Definitive Subdivision (MOD-120906)
Mr. Cundiff reviewed the modification, decisions, conditions, etc. Section 3A was modified. A discussion was held. Mr. Werme mentioned that a “Not a Through Way” sign needed to be added. The board was in agreement.

7:46 PM PUBLIC HEARING CONTINUED: CROSSFIT ABT (SPR-121219) APPLICATION FOR SITE PLAN REVIEW, 116 DAVIS STREET
Mr. Marks reopened the public hearing. Ms. Jackie Drane put together the waivers. The Fire Chief requested that a fire alarm system be installed to this business. Mr. Cundiff suggested that condition be added. Ms. Drane Stated that there is a system in place. Smoke detectors will be installed in the gym area. The Fire Chief is aware and will be meeting with Ms. Drane tomorrow.
Mr. Rosenkranz joined the meeting and asked instead of “occupancy”, could it be “full capacity”. He said “occupancy” would shut her down. Mr. Cundiff suggested simplifying condition to say that they shall meet the requirements of the Fire Chief prior to application for a building permit. The Board of Health also had some requirements to be met. It was suggested to modify the hours being requested, plus Saturdays, no Sundays.
Mr. Rosenkranz asked, if the board approved the plan tonight, could Ms. Drane launch her business tomorrow. Mr. Cundiff replied that it could be signed at the next meeting, signed by the clerk and then there would be a 21-day appeal period. Until that appeal period is over, any work done would be at her own risk, however a building permit is still needed. Ms. Drane stated that she is getting a waiver for the Title V requirement.
Mr. Chesebrough made a motion that the board, having considered the proposed site plan review for Crossfit ABT at 116 Davis Street, grant waivers for sections 9.43, 9.44 and section 5.0 as requested. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to close the public hearing: Crossfit ABT (SPR-121219), Application for Site Plan Review, 116 Davis Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Chesebrough made a motion to accept the application for Site Plan Review, Crossfit ABT (SPR-121219) with the conditions agreed to. Mr. Zwicker seconded the motion. Vote: Unanimous.

8:35 PM ANR PLAN: SUZANNE LUSSIER, MAPLE STREET
Mr. Steve O’Connell of Andrews Survey & Engineering, Inc. joined the meeting. The ANR had been prepared for a gentleman who was purchasing the property from Ms. Lussier, however his deal fell apart and the mylar had not been recorded. A note was added that this plan would supercede the previous plan dated March 26, endorsed by the board on the 10th. The prior plan was for seven acres; this plan is for five. It is not a building lot. Mr. Cundiff made it clear that parcel A is not shown on the assessors map as being owned by Suzanne Lussier. Documentation was provided by Ms. Lussier’s attorney showing that she has substantial ownership (40%) of the access to the property. A discussion was held.
Mr. Chesebrough made a motion to endorse the ANR Plan: Suzanne N. Lussier, Maple Street dated February 11, 2013 as presented. Ms. Sharkey seconded the motion. Vote: Unanimous.

DISCUSSION
1. Accessory Apartment Special Permit Extension: John & Christine Furno, 49 Southeast Main Street. Ms. Sharkey made a motion to grant a renewal of the Accessory Apartment Special Permit Extension for John & Christine Furno, 49 Southeast Main Street. Mr. Greco seconded the motion. Vote: Unanimous.

MINUTES: December 11, 2012, February 12, 2012.
Approval of the December 11, 2012 and February 12, 2012 was deferred to the next meeting.

SIGN
1. Whitin Reservoir Estates-Flexible Development Special Permit (FD-120403)
2. Whitin Reservoir Estates-Modification of a Definitive Subdivision (MOD-120906)
3. Accessory Apartment Special Permit Extension: John & Christine Furno, 49 Southeast Main Street.

8:59 PM ADJOURNMENT
Mr. Chesebrough made a motion to adjourn the meeting at 8:59 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 506
Joined: Thu Jan 12, 2012 8:56 pm

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