8/25/2009 - Meeting Minutes

8/25/2009 - Meeting Minutes

Postby Maria Lajoie » Mon Mar 08, 2010 12:45 pm

A meeting of the Planning Board was held on Tuesday, August 25, 2009. Ms. Brown called the meeting to order at 7:00 PM.

ATTENDENCE
PRESENT: Linda Brown (Chairman), Roy Swenson, Ernst Marks, Robert Werme, Jr., Derek Brown, Mark Mungeam (arrived at 7:52 PM),William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent), Lisa Lannon (Recording Secretary).
ABSENT: Eben Chesebrough (with notice).

7:00 PM PUBLIC HEARING CONTINUED: GUARANTEED BUILDERS & DEVELOPERS, INC. APPLICATION FOR AN AQUIFER PROTECTION SPECIAL PERMIT 93 DAVIS STREET
The Public Hearing for Guaranteed Builders application for an Aquifer Protection Special Permit for 93 Davis Street was continued. Changes to the plan were reviewed and discussed. These include: less than 20 percent of land area being pervious and the demonstration of being 10 feet above any excavation being done on the site. Due to the changes being implemented, and the fact that the Aquifer Protection Bylaw is no longer triggered, Guaranteed Builders requests that the application for an Aquifer Protection Special Permit be withdrawn. Mr. Marks made a motion to accept the withdrawal of the application for an Aquifer Protection Special Permit for 93 Davis Street. Mr. Werme seconded the motion. Vote unanimous. Mr. Marks made a motion to close the Public Hearing for Guaranteed Builders & Developers, Inc. Application for an Aquifer Protection Special Permit for 93 Davis Street. Mr. Swenson seconded the motion. Vote unanimous.

7:05 PM PUBLIC HEARING CONTINUED: DOUGLAS PROPERTIES, LLC APPLICATION FOR A DEFINITIVE SUBDIVISION PLAN OF LAND ENTITLED “LAKEWOOD ESTATES”
The Public Hearing for Douglas Properties application for a Definitive Subdivision Plan of Land entitled “Lakewood Estates” was continued. Mr. Yerka was present to review the changes. Mr. Cundiff reviewed the list of comments which Mr. Yerka has addressed with him. He proposes a condition of approval of limiting the number of lots with in this project to 18 which Douglas Properties has agreed to. Mr. Cundiff noted a letter from Attorney Henry Lane dated August 14, 2009 regarding drainage flow rates and easements. Much discussion held regarding the position of the mail box unit. Mr. Cundiff will draft a decision with conditions for the Board to review at the next meeting. Mr. Marks made a motion to continue the Public Hearing September 8, 2009 at 7:15 PM. Mr. Werme seconded. Vote unanimous.

7:22 PM SIGN/DISCUSSION
Bills were signed. Some discussion held regarding Shady Knolls, an informational letter from Town Counsel was noted. Mr. Cundiff will again notify Town Counsel that the Board does not wish to spend any money pursuing this matter. He will also advise Frontier to direct any communication to the Planning Board. Mr. Cundiff noted that Royal Crest Drive is now a public way. Mr. Cundiff is in the process of compiling bylaws from other towns regarding wind energy. As soon as he gets something together he will get it out to the Planning Board and Board of Selectmen and schedule a Public Hearing. Mr. Zisk noted any comments regarding the application forms can be forwarded to him.

7:28 MINUTES OF JULY 28, 2009 AND AUGUST 11, 2009
The minutes of July 28, 2009 were reviewed. Mr. Brown made a motion to approve the minutes of July 28, 2009 as amended. Mr. Swenson seconded the motion. Vote: Yes – 5, Abstained – 1.
The minutes of August 11, 2009 were reviewed. Mr. Marks made a motion to approve the minutes of August 11, 2009 as presented. Mr. Swenson seconded. Vote unanimous.

7:31 PM DOUGLAS HOUSING PRODUCTION PLAN
Discussion held regarding the Douglas Housing Production Plan. Mr. Brown suggested that this plan as well as the Master Plan be discussed at a future meeting. Mr. Cundiff noted that the Master Plan and the final report from the Implementation Committee would be good background for the discussion. Discussion on these issues will be scheduled for October 27, 2009 at 7:30 PM. Mr. Cundiff will forward copies to those members that do not have access to it.

7:35 PM PUBLIC HEARING CONTINUED: DEBRA CYGIELNIK APPLICATION FOR AN ACCESSORY APARTMENT SPECIAL PERMIT 112 MAPLE STREET
The Public Hearing was continued for the application for an Accessory Apartment Special Permit for 112 Maple Street. Mr. Zisk indicated that the applicant has resubmitted the application and has highlighted the waivers that she is requesting and has provided additional information regarding the request for those waivers. Waiver requests relate to Bylaw sections 3.3.3 (2) relating to renting to relatives and 3.3.3(9) relating to a detached structure. Much discussion held. It was the consensus of the Board that the waiver of renting to relatives or health care provider not be granted. It is felt that the purpose of this bylaw is to not turn single family homes into rental property. Ms. Cygielnik did indicate that should this waiver not be granted that her daughter would be willing to rent it. Mr. Marks made a motion to grant the waiver as requested under section 3.3.3(2) of the Zoning Bylaw. Mr. Swenson seconded the motion. Vote: No – 6. Motion fails. Mr. Marks made a motion to grant the waiver as requested under section 3.3.3(9) of the Zoning Bylaw. Mr. Swenson seconded the motion. Vote: Yes – 3, No – 3. Motion fails. Mr. Swenson made a motion to approve the Accessory Apartment Special Permit for 112 Maple Street. Mr. Marks seconded the motion. Vote: No – 4, Yes – 2. Motion fails. Mr. Swenson made a motion to close the Public Hearing on Debra Cygielnik’s Accessory Apartment Special Permit Application. Mr. Marks noted concern for denying the entire application for the Special Permit rather than denying the waiver relating to 3.3.3(2) of the Zoning Bylaw. Some discussion held. Mr. Werme seconded the motion. Vote: Yes – 4, No – 2. Motion carries. Mr. Louis Tusino indicated that the Town has spent $38,000 in legal fees regarding disagreement between the applicant and abutter. Ms. Pam Holmes stated that she as an abutter, has not cost the Town any money in legal fees regarding this issue. She has merely exercised her abutter’s rights by opposing something that was brought to the ZBA and denied. Mr. Cundiff will draft and denial for the next meeting for the Board’s review.

8:08 PM DISCUSSION: COOPERTOWN REALTY TRUST, 34 DAVIS STREET PROPOSED HYDRO GEOLOGIC INVESTIGATION WORK PLAN
Mr. Gary Vecchione was present to discuss the Coopertown Realty Trust proposed Hydro Geologic Investigation Work Plan for 34 Davis Street. Mr. Cundiff indicated that some time ago an application was received under the Aquifer Protection Bylaw for Coopertown Realty for 34 Davis Street. There was not a super majority vote from the Board and therefore the application was denied and appealed by the applicant. Mr. Vecchione is here tonight to review a proposal to the Board for consideration on what might be acceptable to mitigate the concerns the Board had as part of the original denial. Mr. Vecchione discussed a letter from Miller Engineering & Testing dated August 7, 2009 which proposes a scope of work to obtain the information required by the Planning Board in a January 15, 2009 correspondence. Some discussion held. Mr. Cundiff suggests that Miller Engineering give a detail of the well construction and the monitoring period as well as determination of hydraulic conductivity. Much discussion held. Mr. Cundiff will put those comments in writing and will ask Counsel about the procedure for handling this. Discussion will continue at the next meeting in Executive Session on September 8, 2009 at 7:45 PM.

8:40 PM RENEWAL OF ACCESSORY APARTMENT PERMIT FOR RON FORGET
The renewal of accessory apartment permit for Ron Forget was reviewed. Mr. Swenson is an abutter and therefore recused himself. Mr. Marks made a motion to renew the Accessory Apartment Permit for Ron Forget for three years. Mr. Mungeam seconded the motion. Vote: Yes – 5. Motion carries.

8:45 PM ADJOURNMENT
Mr. Marks made a motion to adjourn the meeting at 8:45 PM. Mr. Mungeam seconded the motion. Vote unanimous.

Respectfully submitted,


Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
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