4/10/2007 - Meeting Minutes

4/10/2007 - Meeting Minutes

Postby Maria Lajoie » Wed May 23, 2007 2:14 pm

The meeting was called to order at 7:30 PM.

ATTENDANCE
Chairman Richard Vanden Berg, Linda Brown, Mark Mungeam, Roy Swenson, William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent), Ann Marie Flanagan (Administrative Secretary)

ABSENT: Daniel Heney, Vice Chairman Ernest R. Marks, Jr., Joel Rosenkrantz

7:30 DISCUSSION: NATURE VIEW ESTATES SUBDIVISION
Lot Release Request
Mr. Randy Smith
• Randy Smith of Nature View Estates updated the Planning Board on the status of asphalt repair, binder, sidewalks, curbing, etc. He requests a trade of the release of Lot 1 for the release of Lot 5.
• Cundiff stated that a letter from Robin (VHB) expresses concerns with the condition of the binder last year and recommendations for repair at that time. The binder may require more reinforcement than the original estimation.
• Mungeam is not opposed to exchanging the two lots.
• Swenson stated that he would like to see a timeline/commitment for the completion of work and would then be willing to make the lot exchange.
• Cundiff stated that Phase I and II are similar and that it would be acceptable to trade lots. The catch basins need to be cleaned.
• Smith stated that he would get an updated timeline to Cundiff.
• A MOTION to release Lot 5 and retain Lot 1 as not released was made by Mungeam; seconded by Brown. VOTE UNANIMOUS.

7:13 ANR PLAN: SUZANNE M. LUSSIER
Farm Road (property located off Maple Street)
• Larry Salem was present to discuss this application. The applicant claims there is an existing way on the property that is verified by an 1810 deed, which makes reference to a road indicated on the deed.
• Vanden Berg stated that this road is not on the 1977 Town of Douglas map.
• Cundiff stated that applicant must quantify the miscellaneous parcels; the plan should indicate the parcels that are combined to create the lots.
• John Andrews of Andrews Survey and Engineering stated that the land is all common ownership; all the land is one parcel.
• Mungeam stated that common ownership could still have different parcels.
• Zisk stated that the survey shows the road in different spots.
• Cundiff stated that the Fire Chief expressed safety concerns with the entrance off of Maple Street.
• Mungeam stated that he has concerns with the status as a road.
• Brown stated that there is not adequate access for road as a lot; it is not a town road.
• Swenson stated that he does not see how the road meets any of the three ways to determine if a way is a road. Public or private.
• Vanden Berg stated that there is no evidence that this is a way, public or private.
• Salem stated that the road is physically on the ground and is referenced in the 1810 deed.
• Suzanne Lussier, owner of the property, presented a video of a truck that she claimed was the same width as a fire truck, pulling onto the property. She stated that the truck made it in on the first try. (The video showed the truck pulling in once, partially on the abutter’s property, pulling back out, and pulling in a second time onto the property.)
• Linda Cogen of 173 Maple Street (abutter) stated that she viewed the attempts the truck made to drive onto the property and that it actually took three tries to get in.
• Suzanne Lussier stated that the width of the entrance onto her ‘road’ is 12 feet wide. She had a chimney fire last year and claimed that John Furno (Highway Department) stated that he didn’t mind that he had to try a couple of times to get onto the property and that the grade was great. His truck made it all the way to the turnaround on the property.
• Sale stated that there have been improvements made to the ‘road.’
• Pete Tetreault (abutter/neighbor) stated that he has lived in town for 55 years, and that the ‘road’ in question is an improved road. In all the years he has driven by that property to go to work, he has never seen any visible signs of even a cart path where Lussier claims there is a road. It is also not a straight road as shown on the map.
• Cundiff asked if he knew of the road as a cart path, and asked if in his 55 years of residence, he had ever seen it used.
• Tetreault stated that there is a maze of cart paths on the property that were used to cart goods in the past, but that none of them including the ‘road’ in question were ever designated as a town road. He has never seen it used.
• Phil Cogen of 173 Maple Street (abutter/20 years) stated that there was work done in the area where an abutter now lives and that there are cart paths where driveways are now. He claims that there was never a cart path in the area where the ‘road’ is claimed to be.
• Patty Dix of 28 Roslyn was a student of Lussier and claims that she used the path to ride horses or ride her bike every summer. They would clear trees and use a tractor/truck to make improvements in the 1970’s and 1980’s.
• Lussier stated that she started to improve the road for thirty-years (30.) She claimed that her neighbors put brush over areas so she could not pass. When she found the 1810 deed she asked Salem to pursue the issue. If it is a recorded easement, anyone can pass over it.
• Salem asked if the improvements to the road have any bearing on the approval of the ANR.
• Vanden Berg stated that the status of the way is a bigger issue and that the next issue would be width, grade and construction.
• Linda Cogen stated that after the truck pulled in to the property as shown on the video, the excavator had to pull it out with a chain. She stated that if the ‘private way’ extends from Maple Street to Yew Street, wouldn’t there be an easement to Laura Avery’s property? If it is a way or there is an easement that has been used for forty years, that would also mean that she (Lussier) would be coming onto her (Cogen’s) property. Cogen stated that Lussier is not out on the property three times a week as she stated.
• Cundiff stated that if the Board acts tonight, a letter would have to be drafted and stamped by the town clerk tomorrow.
• Salem stated that he will WITHDRAW the application, and asks if he resubmits that the fee be waived. He submitted a written withdrawal to the Planning Board.
• BY CONSENSUS the Planning Board agrees to waive the application fee for this applicant if there is a resubmittal.

8:47 ANR PLAN: TITOPIA FARMS
Orange Street, Planning Board File #1337
• Holland Shaw of Heritage Design Group was present to discuss this ANR.
• Zisk stated that all his comments have been addressed.
• A MOTION to endorse this ANR as presented was made by Brown; seconded by Mungeam. VOTE UNANIMOUS.

9:00 PUBLIC HEARING CONTINUED: NORTHEAST WIRELESS SERVICES, LLC & OMNIPOINT COMMUNICATIONS
Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• There were not enough members present to hold an official Public Hearing.
• Bryan Wilson of Northeast Wireless Services, LLC was present to discuss this application. He submitted new information for review on possible sites for the proposed tower. He has summarized down to one letter of waivers. He also provided information regarding other sites and potential areas to serve for Northeast Wireless.
• Vanden Berg asked the Board members to review the submitted information for the next Public Hearing.
• A MOTION to continue the Public Hearing to Tuesday April 24, 2007 at 8:00 pm was made by Brown; seconded by Mungeam. VOTE UNANIMOUS.

9:02 ANR PLAN: CHANDLER SMITH/RICHARD & DAGMAR DAVIS
81 Northwest Main Street, Planning Board File #1338
• Seth Lajoie of Seth Lajoie and Associates was present to discuss this application.
• Zisk stated that all his comments have been addressed.
• A MOTION to endorse this ANR as presented was made by Swenson; seconded by Brown. VOTE UNANIMOUS.
• A MOTION to endorse this Reduced Lot Frontage as presented was made by Swenson; seconded by Brown. VOTE UNANIMOUS.

DISCUSSION: CONSERVATION DRIVE PHASE II
• Cundiff stated that the road is currently under the appeal process. He recommends the Planning Board use the Town of Douglas Highway Department to save money on moving forward on completing the repairs to the road in Phase II. Because of the current appeals, this step could risk having to restore the road to its original condition. There would be no new work being done, only repaving. He has spoken with Conservation Commission, Highway Department and the Selectmen concerning moving forward with the repairs this spring (2007) with the money available and our own Highway Department.
• Mungeam stated that he would not endorse these repairs to be done during the appeal process, as there is potential for a lawsuit.
• Brown and Swenson concurred with Mungeam in not endorsing the paving. Let the appeal process run its course.

9:20 DISCUSSION: Meeting Minutes March 13, 2007
• Minutes of meeting were reviewed and amended.
• A MOTION to approve minutes as amended was made by Brown; seconded by Mungeam. VOTE UNANIMOUS.

9:25 DISCUSSION: Meeting Minutes March 27, 2007
• Minutes of meeting were reviewed and amended.
• A MOTION to approve minutes as amended was made by Brown; seconded by Swenson. VOTE UNANIMOUS.

9:32 DISCUSSION: Douglas Mapping Project
• A MOTION to release money for the Douglas Mapping Project invoice for Cartographic Associates was made by Swenson; seconded by Mungeam. VOTE UNANIMOUS.

9:33 DISCUSSION: Shady Knolls II
• A MOTION not to release bond #144179 for Audette Builders for Shady Knolls II was made by Brown, seconded Swenson. VOTE UNANIMOUS.

9:35 DISCUSSION: Chapter 43D Warrant Article
• The Economic Development Committee is proposing a warrant article for expediting the permit process for Commercial Industrial Zones.

ADJOURNMENT
At 9:36 pm, a MOTION to adjourn the meeting was made by Brown; seconded by Swenson. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Department

Ann Marie Flanagan
Administrative Secretary
Maria Lajoie
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