9/9/2008 - Meeting Minutes

9/9/2008 - Meeting Minutes

Postby Maria Lajoie » Thu Sep 25, 2008 7:55 am

A meeting of the Planning Board was called to order on Tuesday, September 9, 2008 at 7:03 PM.

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

7:03 PM MCINTYRE GRAVEL PIT RESTORATION
Mr. Tom McIntyre, McIntyre Gravel Pit and Mr. Scott Young and Mr. Tom Christopher, Resource Management, Inc. were present to discuss the manufactured topsoil being placed at the gravel pit. Mr. Cundiff noted that placement of manufactured top soil requires local Board of Health approval. He indicated two areas that the Planning Board has some authority are: earth removal permit in which the original proposal called for top soil to be placed 4 inches over the site for restoration; and, aquifer protection bylaw as this site does fall within the secondary aquifer protection zone.
Mr. Christopher noted that Resource Management, Inc. is a recycling company and gave brief description of the products and the process. A Power Point presentation was reviewed and areas noted included permitting, material types, reporting requirements, site analysis, and before and after pictures of previous sites. Samples of products distributed.
The Board’s role was discussed as it relates to this issue including deviation from permit and impact on the aquifer bylaw. Mr. Cundiff distributed copies of the Zoning Bylaw section 8.1.6 Use Restrictions B. Prohibited Uses (1), (3) and (4) for Board’s review. Some discussion held. It was then agreed to pause discussion for the next item on agenda and to return to it later in the meeting.

7:45 PM PUBLIC HEARING CONTINUED: COOPERTOWN REALTY TRUST APPLICATION FOR AN EARTH REMOVAL SPECIAL PERMIT
The Public Hearing continued for Coopertown Realty Trust Application for earth removal special permit. A letter from the applicant requesting withdrawal without prejudice was noted as well as a request for all refundable fees returned. Mr. Cundiff suggested holding off on the fees until all invoices from Town Counsel have been received. Mr. Marks made a motion to accept the applicant’s letter requesting withdrawal of application for earth removal special permit without prejudice. Mr. Chesebrough seconded the motion. Vote unanimous. Mr. Marks made a motion to close the Public Hearing. Mr. Chesebrough seconded the motion. Vote unanimous. It was the consensus of the Board to wait for invoices from Counsel prior to returning refundable fees.

7:50 PM ANR PLAN: GAIL HESTER – PINE STREET
Mr. Michael Yerka presented the ANR Plan for Gail Hester on Pine Street. He noted problem with Title Companies of selling the lot with cemetery on it. Therefore, upon advice of attorneys the cemetery has been carved out as owner unknown with access to it. Much discussion held. Some members of the Board noted concern of creating a lot of the cemetery with the owner unknown and the possibility of setting a precedent. Mr. Chesebrough made a motion to endorse the ANR Plan for Gail Hester on Pine Street as presented. Mr. Marks seconded the motion. Vote: Yes – 4, No – 2. Motion carried.

8:20 PM CONTINUATION OF DISCUSSION: MCINTYRE GRAVEL PIT RESTORATION
Discussion resumed regarding the McIntyre Gravel Pit restoration. Mr. Christopher indicated that he could have someone from the compliance department to address the three issues raised which relate to the aquifer. Ms. Brown questioned if there was any approval of this product for use in an aquifer overlay. Mr. Christopher presented approval of suitability for the products used. He noted that there is nothing in regulations precluding use in an aquifer. There are, however, some distance requirements relevant to zone 1. Further discussion held.
Mr. Marks made a motion to concur with the applicant that the use of the manufactured top soil is not a major change to the permit. Mr. Chesebrough seconded the motion. Vote: Yes – 4, No – 2. Motion carried.
Further discussion held regarding the impact on the issues relating to the aquifer bylaw as outlined by Mr. Cundiff earlier. Mr. Christopher will send a letter to Ms. Reynolds, Building Commissioner, from the compliance department addressing these issues. In addition he will send the Planning Board a copy of the next report to the Department of Health. It was also suggested that Mr. McIntyre submit an updated drawing.

9:00 PM ROAD ACCEPTANCE POLICY
Mr. Cundiff distributed the draft of the Board of Selectmen Policy Public Street Layout and Acceptance for the Board’s review. He anticipates developing a Planning Board policy that would address the street layout and acceptance process.

9:03 PM ZBA APPLICATIONS/SIGN VOUCHERS
Vouchers were reviewed and signed.
The ZBA was reviewed for Tracy Sharkey 7 Richie Road for a garage on a non conforming lot lacking the front and side yard setbacks. The ZBA was reviewed for Tracy Sharkey Bigelow Road for a garage. The Board has no problem with either of these.

9:10 PM PROPOSAL TO PROVIDE SURVEYING SERVICES AT ROYAL CREST DRIVE
The proposal from Guerriere & Halnon to provide surveying services at Royal Crest Drive was reviewed and discussed. Ms. Brown made a motion to accept the proposal from Guerriere & Halnon to provide surveying services at Royal Crest with the understanding that the money comes from the bond. Motion seconded by Mr. Swenson. Vote unanimous.

9:15 PM MINUTES
The minutes of the August 12, 2008 meeting were reviewed. Mr. Chesebrough made a motion to approve the minutes of August 12, 2008 as amended. Mr. Marks seconded the motion. Vote unanimous.
The minutes of the August 26, 2008 meeting were reviewed. Mr. Marks made a motion to approve the minutes of August 26, 2008 as amended. Mr. Swenson seconded the motion. Vote unanimous.

9:26 PM CORRESPONDENCE
A letter was reviewed from Attorney Hovey regarding the appeal of the decision regarding the property of Suzanne Lussier. Mr. Cundiff noted that if Board members are served a copy should be sent to him.
A letter from Kopelman and Paige regarding Shea vs. Burns was reviewed.
Mr. Cundiff briefly updated the Board on the issue of Shady Knolls.

9:31 PM ADJOURNMENT
Mr. Marks made a motion to adjourn the meeting. Mr. Mungeam seconded the motion. Vote unanimous. Meeting adjourned at 9:31 PM.


Respectfully submitted


Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
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