June 12, 2012 Planning Board Meeting

June 12, 2012 Planning Board Meeting

Postby Mary Wright » Wed Aug 01, 2012 4:15 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, JUNE 12, 2012

A meeting of the Planning Board was held on Tuesday, June 12, 2012. Mr. Marks called the meeting to order at 7:07 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE
PRESENT: Ernest Marks (Chairman), Derek Brown, Eben Chesebrough, Mark Mungeam, Robert Werme, Jr., Michael Zwicker, Tracy Sharkey, Michael Greco (Associate Member), William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent).
ABSENT:

7:00 PM ANR PLAN: NATURE VIEW, LLC, SOUTHEAST MAIN STREET, CRESCENT LANE
A withdrawal letter was submitted. They requested waiver of filing fees if they resubmit since $200 has already paid. All Planning Board members were in agreement.

7:15 PM ANR PLAN: SUZANNE LUSSIER, MAPLE STREET
Mr. Steve O’Connell of Andrews Survey and Engineering presented the ANR, which is proposing to alter and combine existing parcels owned by Ms. Lussier. Parcels A, B &C would be combined into Lot 1, a 7-acre parcel, which would not be a buildable lot. Mr. O’Connell removed an old farm road. The taxes are not up to date on Parcel A because the Assessor does not have the records for that parcel. A discussion ensued.
Mr. O’Connell stated he could take Parcel A off the plan and submit a revised plan where Parcel A would remain as an individual parcel and combine Parcels B & C. Mr. Cundiff suggested for clarity, to include a note to the Assessors explaining what is going on and that no new lines are being created on Parcel A.
Ms. Sharkey made a motion to accept the applicant’s request for withdrawal of ANR Plan: Suzanne Lussier, Maple Street, without prejudice and waive the fee. Mr. Chesebrough seconded the motion. Vote-Unanimous.

7:42 PM DISCUSSION: LOT FRONTAGE EXEMPTION/KING PROPERTY, NORTHWEST MAIN STREET
Mr. Steve O’Connell of Andrews Survey and Engineering introduced Mr. Travis Brown, also of Andrews Survey and Engineering and owner of Lot 1. Mr. Brown encountered that his abutter on the southwest corner was encroaching on his land by 5,000 sq. ft. The bylaws state that the retreat lots should not be further subdivided to create additional building lots. Mr. Travis Brown is looking for the Planning Board’s guidance. The Planning Board does not see a problem if Mr. Travis Brown wants to cut out 7000-8000 sq. ft. to convey to the neighbor, if the neighbor is willing to purchase it. It would not be a non-conforming lot.
Mr. Chesebrough suggested making an amendment to the original submission amending the lot line. Lynnea Thody, Esq. of Blatman, Bobrowski & Mead suggested making it a joint application with the neighbors. She stated that it can be done; it just needs to be done the right way to preserve the chain of title.
Mr. Travis Brown will consult with his neighbors.

8:06 PM PUBLIC HEARING: FUNARI SITE DEVELOPMENT: APPLICATION FOR A FLEXIBLE DEVELOPMENT SPECIAL PERMIT “WHITIN RESERVOIR ESTATES”, LOCATED OFF DOUGLAS HILL WAY
Mr. Marks reopened the public hearing. Mr. Steve O’Connell of Andrews Survey & Engineering joined the meeting on behalf of Funari Site Development along with co-applicant Lloyd Funari of Funari Site Development and Atty. John Burke.
Mr. Zisk presented the two scenarios of how the applicant came up with the number of lots. He feels the core difference between the two scenarios is; should the affordables be part of the original eight or outside of the original eight?
Mr. O’Connell stands firm in his interpretation. Ms. Thody addressed the question; How many total units can you get out of the subdivision? She stated that the most you can get is 12 units. She addressed the question; Are you required to take away a market-rate unit and make it affordable or do you add it to the top? She stated that the bylaw could be interpreted either way. The intent was to reduce the number of market-rate units, make them affordable and then add other units, however it is up to the Board to interpret the bylaw.
Mr. John Burke sharply disagreed with Ms. Thody. A discussion ensued regarding density bonus units and affordable units.
The consensus of the Board is that the maximum number of units is 12.
Mr. Zwicker made a motion to continue the public hearing Funari Site Development, Application for a Flexible Development Special Permit “Whitin Reservoir Estates”, located off Douglas Hill way to July 10, 2012 at 7:30 PM. Mr. Chesebrough seconded the motion. Vote-Unanimous.

8:40 PM EXECUTIVE SESSION: COOPERTOWN REALTY TRUST
Executive Session – Litigation
Mr. Marks made a motion at 8:40 PM to go into Executive Session for the purpose of litigation and to come out of Executive Session for the purpose of adjournment. Roll Call Vote: Ernest Marks – Aye, Derek Brown – Aye, Eben Chesebrough –Aye, Mike Greco – Aye, Mark Mungeam – Aye, Tracy Sharkey – Aye, Robert Werme, Jr. – Aye, Mike Zwicker – Aye.

DISCUSSIONS:
1. Accessory Apartment Special Permit Extension: Jeffrey Reger, 199 Walnut Street. There was no discussion.
2. Accessory Apartment Special Permit Extension: Scott & Pamela Lavallee, 63 Webster Street, Change in Occupancy (Daughter): Mr. Brown stated that the bylaw implies that there has to be another hearing for another special permit. He also noticed that the applicant did not fill out the application completely.
3. Accessory Apartment Special Permit Extension: Mark & Laurette Potter, 280 South Street. There was no discussion.
4. Accessory Apartment Special Permit Extension: Cliff Van Reed, 124 Martin Road. The application was not filled out completely.
Mr. Brown suggested making a change to the Accessory Apartment Special Permit Application Form, specifically making it more like an affidavit. He feels it should state that there are no changes or if there are, list them out. A discussion ensued regarding the form and who needs to sign the application.
Mr. Chesebrough made a motion to approve the Special Permit Extensions for Jeffrey Reger, 199 Walnut Street, Scott & Pamela Lavallee, 63 Webster Street, Mark & Laurette Potter, 280 South Street and Cliff Van Reed, 124 Martin Road. Ms. Sharkey seconded the motion. Vote: Aye-6, No-1.
Mr. Chesebrough made a motion to withdraw the previous motion. Ms. Sharkey seconded the motion. Vote-Unanimous.
Mr. Chesebrough made a motion to approve the Special Permit Extensions for Jeffrey Reger, 199 Walnut Street, Scott & Pamela Lavallee, 63 Webster Street, Mark & Laurette Potter, 280 South Street and Cliff Van Reed, 124 Martin Road provided that said applicants complete the Special Permit Extension Application correctly. Ms. Sharkey seconded the motion. Vote-Unanimous.

SIGN
1. Accessory Apartment Special Permit Extension: Jeffrey Reger, 199 Walnut Street
2. Accessory Apartment Special Permit Extension: Mark & Laurette Potter, 280 South Street.
3. Layout plan for Nature View Estates.

OPEN SESSION
The Planning Board signed a three-year extension for the bond money from King Wood Estates to be used to maintain the roadway.
Mr. Chesebrough presented a letter and a proposed Zoning Bylaw Amendment from Atty. Henry Lane of Lane & Hammer to define “trailer”. Mr. Zwicker recused himself. Mr. Chesebrough encouraged the Board to propose the amendment, or a similar one, for fall Town Meeting consideration. A discussion ensued.
By consensus, the Planning Board decided to forward a copy of the amendment to the Board of Selectmen saying that the Planning Board is considering sponsoring this amendment and asking for their comments. Mr. Cundiff suggested a copy be sent to the Zoning Enforcement Officer also.
Mr. Cundiff included an article in the packet from CMRPC regarding the Blackstone Valley Prioritization Project.

10:25 PM ADJOURNMENT
Ms. Sharkey made a motion to adjourn the meeting at 10:25 PM. Mr. Brown seconded the motion. Vote - Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
 
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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