8/12/2008 - Meeting Minutes

8/12/2008 - Meeting Minutes

Postby Maria Lajoie » Thu Sep 11, 2008 1:38 pm

A meeting of the Planning Board was called to order on Tuesday, August 12, 2008 at 7:12 PM.

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

7:12 PM PUBLIC HEARING CONTINUED: COOPERTOWN REALTY TRUST APPLICATION FOR A WATER RESOURCE DISTRICT AQUIFER PROTECTION SPECIAL PERMIT
Mr. Norman Gamache reviewed the plan and discussed the borings that were placed prior to the application. The purpose of those borings was to determine the type of soils present and not to establish groundwater elevation. That has to be established by a hydrologist. In addition, a high water line has to be established for earth removal which he indicated could not be done at this time. He indicated that their intent is to establish additional monitoring wells as the project progresses.
Mr. Cundiff noted that the borings were provided to the Board. He noted that he requested that the borings be shown on the plan with some basic information such as top elevation, bottom elevation, and if the borings encountered ground water what that elevation would be. He reviewed a cross section drawing of these borings.
Mr. Gamache addressed the request to establish ground water in the area of the basins proposed on the site. He felt doing that would be difficult at this time. He noted a letter from the Fire Chief regarding the storage of chemicals. Discussion held.
Mr. Cundiff reviewed the list of comments and responses with regard to the special permit application. Much discussion held.
Comments from the public included: Mr. David Gjeltema, 19 Monroe Street, noted the need to determine the ground water table; Mr. Jeremy Flansburg, 63 Monroe Street, noted the need for protecting the cold water fishery; Mr. Charles Flansburg, 53 Monroe Street, noted concern for the protection of abutter’s wells; Mr. Keith LaFleur, 25 Monroe Street, noted concern for not knowing the ground water level in advance.
Mr. Vecchione discussed the upcoming hearings regarding this application. This is the first permit needed and he asked that the Board consider his time frame.
Ms. Adelle Reynolds, Building Commissioner, asked that if a decision is made involving conditions that they are very clear and enforceable.
A concern of the Board is the ground water determination. Mr. Cundiff suggested this be done by going along with the proposal of the hydrologist and installing wells to establish the groundwater elevation. The Board, after deliberation, felt that the data submitted regarding depth of high groundwater in the locus site was unsatisfactory and counter to the purpose and intent of the bylaw.
Concern also noted regarding the storage and handling of chemicals and the capability of the site to adequately recharge the aquifer due to not being sure of soil type 40 feet below existing grades. Mr. Vecchione requested provisional approval for them to put in monitoring wells as they go into the site to be monitored and approved as the project progresses. He indicated that he would not spend additional money on the site without provisional approval and feels that he is offering what the Board wants only on a different time table. Mr. Vecchione advised the Board to make their vote tonight.
Ms. Brown made a motion to close the public hearing. Mr. Swenson seconded the motion. Further discussion held regarding provisional approval. Mr.Vecchione indicated he would only do further drilling if he was assured approval and if that could not be done then the Board should continue with their vote. The Board agreed that they could not give approval without further information. Vote unanimous to close the public hearing. Discussion held regarding timeline for voting and possible conditions. Mr. St. George made a motion to “grant the special permit as is”. Ms. Brown seconded the motion. Discussion held. Mr. Chesebrough asked the Chairman to allow an amendment to the motion that the granting of the special permit shall be with the attachment of such conditions that the Planning Board deems reasonable and appropriate in maintaining and enforcing the purpose and intent of the project. The Chairman of the Board, Mr. Vanden Berg rules the amendment is in order. Mr. Marks seconded the amended motion. Vote to approved amendment to motion: Yes – 5, No – 2. Motion carried. Further discussion held. Vote on amended motion: Yes – 4, No – 3. There not being a super majority, the motion fails.

9:27 PM ANR PLAN: SUZANNE M. LUSSIER
Ms. Suzanne Lussier reviewed the revised 4 acre lot plan. Attorney Larry Salem, Gould Title Company, further discussed documents submitted regarding the issue of the private road on this land being considered a “way” as well as it being of sufficient width and grade to adequately meet the vehicular traffic in relation to the proposed use of the land. Discussion held.
Mr. Cundiff asked if aerial or historical USGS maps were used as part of his research. Mr. Salem answered “no” and indicated research was done at the registry of deeds. Mr. Zisk indicated that he researched a number of maps which included a map of Worcester County in 1857 and the road is not shown on any of them.
Much discussion held. Ms. Linda Kogan, 173 Maple Street, questioned if the road went over onto abutting properties and also asked why there is no mention in the deeds of a right of way. Mr. Merritt Tetreault recalled that not too long ago there were boulders and trees in that area of the pathway (the proposed road). Mr. Mark Parent, 67 NW Main Street, felt that proof has been submitted regarding the existence of the road. Ms. Laura Every, Maple Street, indicated the 1810 deed has nothing to do with her property or the Lussier property but refers to a property on the other side of Monroe Street.
Much discussion held. Ms. Brown made a motion to endorse the ANR Plan for Suzanne Lussier on Maple Street as presented. Motion seconded by Mr. Chesebrough. Yes – 2, No – 5. Motion failed.



11:05 PM HILLTOP ESTATES
Discussion held regarding the release of Bond money from Hilltop Estates. Mr. Cundiff noted that the Selectmen will be discussing the road acceptance at their next meeting if the road is not accepted and has to go until next year it is likely the catch basins will have to be cleaned and the streets swept again. Mr. Chesebrough made a motion to return the remainder of bond money, in the amount of $5,039.71 for Hilltop Estates. Mr. Marks seconded the motion. Vote unanimous.

11:30 PM ZBA APPLICATIONS
Ms. Brown reviewed the ZBA application for a special permit for Richard and Karen Sherlock 318 NW Main Street. This is to demolish an existing home and replace with a bigger home. The Board was divided on recommending endorsement. Some members felt it should remain on the same footprint.
Mr. Mungeam reviewed an application for a variance for lot 101 Ritchie Road seeking permission to put a shed at 35 feet which is within the 50 foot front yard setback. Board has no problem with this.
Mr. Chesebrough reviewed an application for ProBuilt Construction, 36 Davis Street, to take down a nonconforming 1 car garage and put up a two car garage. Some discussion held. The Board has no problem with this.
Mr. Marks reviewed a special permit for a home occupation for repair and resale of lawn mowers. The Board has no objection.
Mr. Swenson reviewed an appeal of the determination of the Building Inspector for the paving of a parking lot rendering impervious more than 20 percent of the lot area. Discussion held. Board has no objection.

11:30 PM ADJOURMENT
Ms. Brown made a motion to adjourn the meeting. Mr. St. George seconded the motion. Vote unanimous. Meeting adjourned at 11:30 PM.

Respectfully submitted,


Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
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