05/09/2007 - Meeting Minutes

05/09/2007 - Meeting Minutes

Postby Maria Lajoie » Thu Jun 21, 2007 1:38 pm

The meeting was called to order at 7:14 PM.

ATTENDANCE
Chairman Richard Vanden Berg, Vice Chairman Ernest R. Marks, Jr., Linda Brown, Eben Chesebrough, Roy Swenson, William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent), Ann Marie Flanagan (Administrative Secretary)

ABSENT: Mark Mungeam, David St. George

7:15 DECISIONS
• A MOTION to have Richard Vanden Berg continue as Chairman of the Planning Board was made by Swenson; seconded by Marks. ABSTAIN: 1. AYE: 4. MOTION CARRIED.
• A MOTION to have Ernest R. Marks, Jr. continue as Vice Chairman of the Planning Board was made by Chesebrough; seconded by Swenson. ABSTAIN: 1. AYE: 4. MOTION CARRIED.

7:17 DISCUSSION: Whispering Pines
• Randy Kibbe was present to request that the remaining bond money for Whispering Pines be released by the Planning Board (approximately $27,000.) According to Kibbe, the road is performing admirably.
• Cundiff stated that the developer would have to wait for the next town meeting for road approval. There were some paperwork items outstanding. The easements must be recorded as soon as possible. The amount still held is $26,364.43 plus interest.
• Zisk stated that the road is in great shape and there are no outstanding issues.
• Kibbe stated that the attorney for the town of Douglas told his attorney to record the deeds when the road is approved.
• Brown stated that she would like to see the deeds recorded before the bond money is released.
• Marks stated that the bond money is for construction only and not for legal matters.
• Swenson stated that he would like to see the deeds recorded and then the Planning Board release the money.
• Cundiff asked if the road had been swept and the catch basins cleaned.
• Kibbe stated that although he was not sure if the catch basins had been cleaned, the road is cleaned and the grass has been maintained.
• Brown asked when the last time the road was inspected.
• Cundiff stated that he inspected the road just before the last town meeting (May 2007). There was a little sand on the road but it looked good.
• A MOTION to release the bond money ($26,361.43) plus interest was made by Chesebrough; seconded by Marks. AYE: 3, NAY: 2. MOTION CARRIED.
• Cundiff stated that he would process the paperwork at the next meeting stated that he would process the paperwork at the next meeting.

7:27 DECISION/DISCUSSION: NORTHEAST WIRELESS SERVICES, LLC & OMNIPOINT COMMUNICATIONS
Application for a Proposed Wireless Service Facility
Located at 436-440 Northeast Main Street
• The Planning Board members reviewed the Special Permit and revised wording
• A MOTION to deny Waiver 1, Section 6.5.3 #9, was made by Brown; seconded by Swenson. MOTION WITHDRAWN by Brown; seconded by Swenson.
• A MOTION to grant Waiver - Section 6.5.3 #9 was made by Brown; seconded by Swenson. AYE: 0, NAY: 4, ABSTAIN: 1. MOTION DENIED.
• A MOTION to grant Waiver - Section 6.5.5 #2a was made by Brown; seconded by Swenson. AYE: 0, NAY: 4, ABSTAIN: 1. MOTION DENIED.
• A MOTION to grant Waiver, Section 6.5.5 #2b was made by Brown; seconded by Marks. AYE: 0, NAY: 4, ABSTAIN: 1. MOTION DENIED.
• A MOTION to grant Waiver, Section 6.5.5 #2c was made by Brown; seconded by Marks. AYE: 0, NAY: 4, ABSTAIN: 1. MOTION DENIED.
• A MOTION to grant Waiver, Section 6.5.5 #2d was made by Brown; seconded by Marks. AYE: 0, NAY: 4, ABSTAIN: 1. MOTION DENIED.
8:20 ANR: J K REALTY TRUST, INC.
Chestnut Street & South Streets
• Mike Weaver of Guerriere & Halnon, Inc. was present to discuss this application. The ANR involves the rearranging of two lots and two parcels.
• Zisk stated that all necessary changes have been made.
• Cundiff stated that if the Planning Board endorses the plan, they would have to hold the plan until the taxes are paid in full.
• A MOTION to endorse the ANR lot with two parcels between Chestnut Street and South Street as submitted, with the condition that the Planning Board staff will hold the mylar plans until the taxes are paid in full by the applicant, was made by Chesebrough; seconded by Marks. VOTE UNANIMOUS.
• A MOTION to endorse the reduced lot frontage plan as submitted with the condition that the Planning Board staff will hold the mylar plans until the taxes are paid in full by the applicant, was made by Chesebrough; seconded by Brown. VOTE UNANIMOUS.

9:00 DISCUSSION: Nature View Estates
• Cundiff will prepare the bond reduction information for the next meeting. The decision stated that the subdivision must meet Massachusetts Highway Specifications including “screened loam.” The loam around the pond at the bottom of the hill is not screened loam. No decision is needed at this time, only the Planning Board’s interpretation on the loam issue.
• Vanden Berg stated that he was of the understanding that screened loam was the default.
• Swenson agreed that it is the standard.
• By CONSENSUS the Planning Board agreed “loam” means “screened.”

9:10 DISCUSSION CMRPC
• BY CONSENSUS, the Planning Board nominated David St. George for CMRPC Representative.

9:11 DISCUSSION
• Swenson stated that he does not understand why the Planning Board gave bond money release if all the work is not complete. The Planning Board is too lenient.
• Marks stated that the bond money is only for construction that has not yet been completed. The construction on that project was adequate.
• Brown asked when a deed is typically recorded.
• Cundiff replied that it is usually recorded before the transfer of property. If the applicant/developer completes the work, he is entitled to the bond money. If there are outstanding maintenance issues, they could be quantified and bond money could be retained.
• Brown stated that the deeds should be recorded before the lots are sold.
• Chesebrough stated that the Planning Board needs to develop trust with the developer to fulfill his/her obligations.
• Brown stated that the Planning Board is obligated to protect the town and the homeowner.
• Cundiff stated that the current regulations have no language to hold lots from release. He suggested retaining of 5% for a project that is substantially complete but has miscellaneous items still outstanding.
• Chesebrough stated that the Planning Board could add in the 5% into the Rules & Regulations since they have not yet been finalized.
• Swenson stated that the Planning Board should use this issue as an example so that this does not occur again.
• Cundiff stated that CMRPC had digitized the Water and Sewer plans.

ADJOURNMENT
At 9:26m, a MOTION to adjourn the meeting was made by Marks; seconded by Chesebrough. VOTE UNANIMOUS.

Respectfully submitted,
Community Development Department

Ann Marie Flanagan
Administrative Secretary
Maria Lajoie
Maria Lajoie
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