3/11/2008 - Meeting Minutes

3/11/2008 - Meeting Minutes

Postby Maria Lajoie » Thu May 08, 2008 8:22 am

The meeting of the Planning Board was called to order on Tuesday, March 11, 2008 at 7:03 PM

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

Mr. Kevin Bliss was present to discuss deed issue. Ms. Brown was recused from discussion because she is an abutter.
Letters have been sent to the property owners stating that the Town requires more specific language on their deeds regarding rights to Fairway View Drive and drainage easements. One property owner has not responded to calls or letters.
If clear title to the way cannot be obtained even if it passes at Town Meeting the Town would not be able to take the way except by eminent domain.
It was agreed that Mr. Cundiff and Mr. Bliss go to the homeowner together to explain the situation and the consensus of the Board was to recommend that this go to the Selectmen with this understanding.

Mr. Bill Joseph was present and requesting the release of the bond. Board endorses the plans subject to Town Counsel’s approval. Mr. Chesebrough made a motion to release all but $5,000 of the bond to be held for final maintenance. Seconded by Mr. Marks. Vote was unanimous.

Mr. Randy Kibbe was present to discuss Whispering Pines Subdivision. Mr. Cundiff reviewed list of outstanding issues. The Board agreed should all the necessary documents be received and approved by Town Counsel by April 1 it could go before the Selectmen. The Board could sign on April 8.

Mr. William Staruk was present to discuss the ANR Plan for Bigelow Road. With regard to suitable width, grade and construction, Mr. Staruk indicated that he had a new letter from the Fire Chief indicating that he found the road acceptable with the removal of a tree on the corner.
It was noted that Bigelow Road was not a “way” in existence when subdivision control started in 1975 and has never been made a “way” by approval at Town Meeting or by a judge. Much discussion held. The minutes of the September 11, 2007 were reviewed when Mr. Starkuk previously brought this before the Board. It was noted that at that time the Board’s concern was suitable width, grade and construction. Ms. Brown made a motion to endorse. Mr. Marks seconded the motion. Vote: Aye – 3, Nay – 4. Motion not passed. Those who did not vote to endorse indicated they did not feel there was suitable grade, width and construction, in addition, they felt that the status of the “way” was unclear..

Mr. Yerka present to continue with the 2 waivers that have not yet been voted on by the Board. Discussion held regarding Section IV.A.1.c. Attorney Henry Lane representing the applicant suggested that a plan for a 20-foot recreation access could be included. Discussion held regarding location. It was agreed that a condition be added to have an easement for a 20 foot walkway and that be included in the plan. Mr. Chesebrough made a motion to approve the waiver for Section IV.A.1.c. Mr. Mungeam seconded the motion. Vote: Aye – 6, Nay – 1. Motion carried.
Mr. Chesebrough made a motion to approve the waiver for Section IV C. Motion seconded by Mr. Marks. Discussion held. It was suggested that as subdivision plans are reviewed at some point in time consideration be made for the use of recreational fields. Vote on motion made: Aye – 4, Nay – 3. Motion carried.
Mr. Yerka indicated that Mass Conservation is recommending low impact developments and engineers have been encouraged to ask for reduction in pavement to 18 to 20 foot width from subdivisions of this size. Discussion held regarding reducing the pavement with the exception of the neck of the plan which includes from the street to the first lot being kept 24 feet.
Mr. Chesebrough made a motion that the pavement is reduced to 20 feet gutter to gutter through out the subdivision. Motion seconded by Mr. Marks. Vote: Aye – 3, Nay – 3, 1 did not vote. Motion not carried.
Mr. Mark Bibeau from Oak Hill Road in Rhode Island was present. He is an abutter to lot 9 and questions whether lots could be cleared to the boundary. Mr. Yerka indicated that there is nothing to keep a homeowner from clearing his lot, however, this particular has a large amount of wetlands. Mr. Bibeau also noted concern with property owners having access to the private beach areas.
Mr. Yerka asked to revisit vote for the reduced pavement. Mr. Marks made a motion to waive the 24-foot requirement and go with 24 feet for the first 360 feet and reduce to 20 feet for the remainder with appropriate transition. Mr. Chesebrough seconded the motion. Vote unanimous.
Mr. St. George made a motion to continue the public hearing on April 22 at 8:00 PM. Motion seconded by Mr. Marks. Vote unanimous.

Mr. Cundiff noted a letter from Bryan Wilson regarding notice of assignment of the cell tower and recommends Counsel review. It was the consensus of the Board to instruct Town Engineer to forward to Town Counsel with the understanding that the funds will come from the Planning Board budget.
It was noted that the March 25 meeting was canceled. Warrant language for Town Meeting is due March 28. Mr. Cundiff will work with Mr. Vanden Berg on the language for the Warrant for Mr. Vanden Berg to report on the digital mapping discrepancies at the Town Meeting.
Board signed the ZBA application for 358 Southeast Main Street.
Minutes of the January 15 and 29, February 12 and 26 were distributed for review at the next meeting.
Mr. Cundiff recommends that Town Counsel review the letter to Mr. Staruk regarding denial of ANR.

A motion made by Mr. Marks to adjourn the meeting. Motion seconded by Mr. Chesebrough. Meeting adjourned at 9:41 PM.

Respectfully submitted,

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

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