1/29/2008 - Meeting Minutes

1/29/2008 - Meeting Minutes

Postby Maria Lajoie » Thu May 08, 2008 8:19 am

The meeting of the Planning Board was called to order on Tuesday, January 29, 2008 at 7:03 PM.

Present: Richard Vanden Berg (Chairman), Mark Mungeam, Linda Brown, Ernest Marks, Eben Chesebrough, Roy Swenson, Stephen Zisk (Planning/Conservation Agent), William Cundiff (Town Engineer), Lisa Lannon (Recording Secretary).
Absent: David St. George.

The corrections/revisions of the wording for the Northeast Wireless Services Special Permit were reviewed. Mr. Swenson noted that on page 6. Section i. the wording “of this” appears twice consecutively in the first sentence. Correction will be made.
On page 7 Section 2. Special Conditions a. wording was discussed regarding the spacing of the white pine trees. The following was suggested: “White pines trees are to be planted and maintained every 10 feet for 100 feet along the side of the easement on the West Hartford Road (southerly) side of the facility.”
Regarding 2. Special Conditions b. the words “and be” are to be included after Building Inspector.
On page 4 regarding 1.6 Mr. Chesebrough pointed out that although there need be no change in the conditions, there is a positive impact on the Town as far as tax revenue.
On page 7 Section 2. Special conditions, it was agreed to add “d. The applicant will provide a key/combination to the lock for the facility for all municipal departments.”
Mr. Chesenbough noted that on page 7 Section 1 q. that “Highway Department” be included.
The email from Bryan Wilson noting his comments was reviewed. In his first comment Mr. Wilson felt Omnipoint Communications should be specifically identified as approved in the Decision. Board members agreed that since the application specifically identifies Northeast Wireless Services, LLC & Omnipoint Communications that it remains that way unless they wish to revise their application. The second comment on his email was regarding the color of the tower. The Board agreed that the color be light blue.
Mr. Marks made a motion to grant and sign the special permit after the edits were made. Mr. Chesebrough seconded the motion. All agreed. Mr. Cundiff would have the edits/corrections made prior to the end of the meeting.

Mr. Rick Hathaway presented the ANR Plan for 125 Walnut Street. He noted that the proposal is for three conforming lots on Walnut Street. Some discussion held. Mr. Marks made a motion to endorse the ANR Plan: Margaret Banaghan c/o Michael McCaffrey, Esq. 125 Walnut Street. Motion seconded by Mr. Chesebrough. Vote – unanimous.

The minutes of the Planning Board Executive Sessions on Tuesday, November 13, September 25, and August 14, 2007 were reviewed. Ms. Brown made a motion to approve and release these minutes as written. Motion seconded by Mr. Marks. Vote: Aye - 5, Abstained - 1. Motion carried.

Mr. Cundiff noted that the Planning Board Budget has been completed and submitted. Mr. Chesebrough questioned payment for Town Counsel. Mr. Cundiff noted that nothing has come from the Planning Board budget for this. He indicated that the costs for the Counsel regarding the cell tower were covered from the Community Development consulting budget. Mr. Chesebrough questioned the annual costs of legal services resulting from this Board. Mr. Cundiff indicated that there is no cost to the Town and the costs to the applicant varies depending on the project. Mr. Chesebrough indicated that he would like to see what those costs are. Mr. Cundiff will generate a report.

Mr. Vanden Berg reviewed the corrections/edits of the Northeast Wireless Special Permit as amended. He noted that the motion was on the table to grant the Special Permit.
There being no further discussion, a voted was taken. Vote: Aye – 5, Nay – 1. Motion carried.

Mr. Cundiff discussed a letter from R.H. White to the Town Administrator regarding tax bills for Jepherson Drive (Laurel Heights) and Marilyn Drive (Tucker Landing). He noted that this is regarding the Town accepting the roads as public ways or easements. The Selectmen have ultimate jurisdiction in these matters however, Mr. Cundiff wanted to get the Board’s feeling on it. The Town Council recommended that roads be deeded as an easement. Historically they have been deeded as fee interest. The tax office continues to assess taxes on privately owned property that the road lies on and the Developer does not pay the taxes because the property has been sold and the Town has accepted the easement. Mr. Cundiff advocated a policy be established that requires the applicant to provide the fee interest in the roads not just an easement over the land. The Town Council’s concern is that if there is a hazardous situation, the Town not be liable.
Much discussion ensued. Ms. Brown motioned that the Board instruct Mr. Cundiff to go to the Board of Selectmen with the Board’s support for adopting public ways with the fee interest. Motion seconded by Mr. Marks. Vote unanimous.

Mr. Cundiff noted that with regard to Evergreen Estates everything is done with the exception that there is some easement language that Town Council is not completely satisfied with. He suggested that the Board sign it with the understanding that he hold it until the language issue has been resolved. Fairway View Estates lay out plans are also ready to be signed with the exception of a few minor easement language items. He felt it important not to delay these.
A motion was made by Mr. Marks to sign the Evergreen Estates covenant and Mylar plans with the understanding that Mr. Cundiff will hang on to them until the language issue is resolved. Motion seconded by Mr. Chesebrough. Vote: Aye – 5, Nay – 1. Motion carried.
A motion was made by Mr. Marks to sign the Mylar plans for Fairway View Estates; again with the understanding that Mr. Cundiff will hold until language issue is resolved. Ms. Chesebrough seconded the motion. Vote: Aye – 5, Ms. Brown recused. Motion carried.

Next Meeting will be February 12, 2008. Ms. Bown motioned to adjourn the meeting. Seconded by Mr. Marks. Vote unanimous. Meeting adjourned at 7:55 PM.

Respectfully submitted,

Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
Posts: 1467
Joined: Thu May 26, 2005 11:09 am
Location: Community Development Department

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