4/8/2008 - Meeting Minutes

4/8/2008 - Meeting Minutes

Postby Maria Lajoie » Thu May 08, 2008 8:24 am

The meeting of the Planning Board was called to order on Tuesday, April 8, 2008 at 7:06 PM

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

7:06 PM ROAD ACCEPTANCE
Mr. Cundiff noted that there are three subdivisions going for road acceptance at the Town Meeting. There was a question raised as to whether or not there is an alternative manner to move forward other than getting signoffs from property owners and the bank. Town Counsel recommends going ahead with this conventional method because if an easement is reserved after a mortgage is held and the mortgage is foreclosed on the easement is no longer valid. The way around is that it can be taken by eminent domain; however, at this point the warrant is set for the Town Meeting. Some discussion held with Mr. Kevin Bliss regarding the drainage easements for Fairway View Estates Subdivision.
The Board agrees they want to have the ability to discuss eminent domains should the issue arise; however, it was felt that as long as there are no mortgages predating the easements it should not be a problem. It was noted that something should be included in the rules and regulations to address this issue.

7:30 PM WINTER STREET ANR
The ANR plan for Winter Street was reviewed. Discussion held regarding the road being an accepted way. Mr. Marks noted that once the Town begins any type of maintenance on a road it must continue by law. Some discussion held. Mr. Cundiff will ask the Fire Chief and the Highway Superintendent to look at the road. There being outstanding issues to be addressed this ANR plan will be presented at the next meeting on April 22, 2008.

7:50 PM DISCUSSION: 24 AND 28 MAIN STREET
Mr. Taipale explained that he recently presented an ANR plan to change the common lot line for 24 and 28 Main Street, which the Planning Board endorsed. He is requesting at this time clarification of the term “retreat lot”. Discussion held regarding the Zoning Bylaw 4.3.6 in regard to the wording of “continuous properties held in common ownership prior to date of Town Meeting”. Mr. Taipale requested that the Planning Board send a letter to the Zoning Board of Appeals requesting interpretation. Further discussion held. It agreed that Mr. Zisk contact Mark Bobrowski for his interpretation.

8:35 PM ST. DENIS CHURCH PROPOSED CHANGES
The proposed changes to the new addition to St. Denis Church were reviewed. Mr. Cundiff noted that they are seeking input as to whether or not they need to file for aquifer protection overlay and/or take action to mitigate impervious surfaces. The aquifer line cuts through the property but does not involve the entire property. It was noted that a permit would not be needed if they provide infiltration to comply with the bylaw. The Board agreed that Mr. Cundiff send a letter indicating that a special permit will not be needed as long as adequate infiltration is provided.

8:40 PM GIFT OF CONSERVATION LAND
Mr. Cundiff noted the memo regarding the request to the Board of Selectmen to authorize the Conservation Commission to accept the deed for conservation purposes of Parcel A & H as shown on the Worcester County Registry of Deed Plan Book 863, Plan 17. He noted that this applies to Evergreen Estates and the proposed conservation land.

8:45 PM “DRAFT” SPECIAL PERMIT APPLICATION FORMS
The draft Special Permit Application forms for Adult Entertainment, Overlay District, Assisted Living Facilities, Personal Wireless Service Facilities, and Scenic Roads were distributed. The Board was asked to review and direct any comments to Mr. Zisk.
Mr. Chesebrough noted that he is working on the Planning Board Handbook and asked for the Board’s permission to forward it to Mr. Zisk for inserting the applications where they belong. The Board agreed.

8:50 PM REQUEST FOR A ONE-YEAR EXTENSION PERMIT FOR EARTH REMOVAL: PYNE SAND & STONE
A letter from Mr. Pyne of Pyne Sand and Stone was reviewed. Mr. Pyne is requesting a one year extension to earth removal permit #ER-0501 which is due to expire May 11, 2008. There are no changes in conditions and the bond will remain. Mr. Chesebrough made a motion to approve the one-year extension. Motion seconded by Mr. Marks. Vote unanimous.

8:55 PM WHISPERING PINES SUBDIVISION
The lay out plans for the Whispering Pines Subdivision were reviewed and signed.

9:00 PM DISCUSSION: RULES & REGUALTIONS GOVERNING THE SUBDIVISION OF LAND
The Board agreed to defer the discussion of Rules & Regulations Governing the Subdivision of Land to April 22, 2008 at 8:30 PM.

9:03 PM REVIEW OF MAIL
Mr. Cundiff noted a private homeowner in Deer Crossing that is putting in a drainage system around his house and wants to connect with the street drainage. He was asked to speak with the design engineer to make sure there is adequate capacity to accommodate the flow. This engineer has sent a letter indicating that there is adequate capacity. Mr. Cundiff asked the Board if they have any problem with this. Mr. Marks suggested that a copy of the plan be forwarded to the Highway Department. Mr. Cundiff will do so and will oversee the manhole connection. The Board agreed they do not have a problem with this.
Mr. Vanden Berg noted an invitation to the Douglas High School Town Government Week.
Mr. Cundiff noted letter regarding bank takeover of Whitin Reservoir Estates and the fact that there is a condition that they give $10,000 to the Highway Department for improvements. A copy of this letter was distributed to the Board for their information.
A letter to Frank DeMayo of Frontier Insurance Company was noted regarding the cost estimate for the Claims: B10714, B10713 and B10159. The estimate is $85,000 baring any unforeseen costs.
Discussion held regarding the letter to Mr. Staruk regarding Bigelow Road.

9:13 PM REVIEW OF MINUTES
Minutes for the January 15 and 29, February 12 and 26, and March 11 were reviewed.
A motion was made by Ms. Brown to approve the minutes of the January 15, 2008 Meeting as amended. Motion seconded by Mr. Chesebrough. Vote unanimous.
A motion was made by Mr. Chesebrough to approve the January 29, 2008 Meeting minutes as amended. Motion seconded by Mr. Marks. Vote unanimous.
A motion was made to approve the February 12, 2008 Meeting minutes as written by Mr. St. George. Motion seconded by Mr. Chesebrough. Vote unanimous.
Mr. Marks made a motion to approve the February 26, 2008 minutes as amended. Motion seconded by Mr. Chesebrough. Vote unanimous.
A motion was made by Mr. Chesebrough to approve the minutes of the March 11, 2008 Meeting as amended. Mr. St. George seconded the motion. Vote unanimous.

9:22 PM ZBA
A ZBA for 51 Main Street requesting special permit for variance to sell carports was reviewed and the Board indicated they had no problem with it.

9:25 PM OTHER BUSINESS
Regarding Winter Street, Mr. Marks clarified that maintenance would begin on a road once the Highway Department starts working on it. He asked that copies of General Law regarding maintenance on private and public roads be distributed at the next meeting for everyone.
St. George questioned if there will ever be a determination on the conflict of a road being and accepted “way”. Mr. Cundiff noted that the Selectmen are working on this.
Mr. Chesebrough noted that there could be associate members of the Planning Board. General Law Chapter 40A Section 9 line 90 talks about when considering special permits it is required to have 5 out of 7 to vote. For a 7 member Board there can be up to two associates. This has to be authorized by a zoning bylaw passed at town meeting. That bylaw would also determine a procedure for filling such positions. He suggested that this be considered at some point in time.

9:33 PM Adjournment
Mr. Marks motioned to adjourn the meeting. Motion seconded by Mr. Chesebrough. Vote unanimous. Meeting adjourned at 9:33 PM

Respectfully submitted,


Lisa Lannon
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Maria Lajoie
Maria Lajoie
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