August 8, 2017 Planning Board meeting

August 8, 2017 Planning Board meeting

Postby Mary Wright » Sat Sep 16, 2017 8:07 pm

PLANNING BOARD MEETING MINUTES
TUESDAY, AUGUST 8, 2017

A meeting of the Planning Board was held on Tuesday, August 8, 2017 Mr. Marks called the meeting to order at 7:03 PM and announced that the meeting is being recorded and will be available on cable and on the website.

ATTENDANCE:
PRESENT: Ernest Marks (Chairman), Ken Ballou, Michael Greco, Tracy Sharkey (Vice Chairperson), Aaron Socrat, Les Stevens, Michael Zwicker
ABSENT:
NON-VOTING: William Cundiff (Town Engineer)

7:03 PM PUBLIC HEARING CONTINUED: CAROL GOGOLINSKI & WILLIAM COGLEY, Application for a Definitive Subdivision Plan (DEF-170222) Entitled “Gilboa Court Extension”, 30 Gilboa Court.
Mr. Marks stated that the applicant has asked for a continuance. The decision date has been extended to October 30, 2017.
Ms. Sharkey made a motion to continue the public hearing for an Application for a Definitive Subdivision Plan (DEF-170222) entitled “Gilboa Court Extension”, 30 Gilboa Court, for Carol Gogolinski and William Cogley to September 12, 2017 at 7:00 PM. Mr. Greco seconded the motion. Vote: Unanimous.

7:33 PM PUBLIC HEARING CONTINUED: ALLEN G. RILEY & HUNTS POND, LLC (DEF-160627) Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street & 229 Main Street.
Mr. Marks reopened the public hearing. Ms. Sharkey and Mr. Stevens recused themselves. Atty. Robert Knapik joined the meeting. Atty. Knapik stated that he has been in contact with Town Counsel Atty. Jay Talerman and Mr. Cundiff. Atty. Knapik gave an overview of the project. The preliminary subdivision plan was submitted in 2015 and 32 lots were proposed on that plan. The definitive plan was submitted June 10, 2016. The Board reviewed the definitive plan and issued a draft decision on May 10, 2017. The draft decision pointed out that Mr. Riley no longer controlled all the property shown on the subdivision plan. Atty. Knapik read finding #9 of the draft decision. The plan before the Board today dated July 19, 2017 shows lot #1 as not being part of the subdivision.
Atty. Knapik stated that the most recent plan shows the setback line at 50’, whereas the subdivision plan shows a 15’ setback. Mr. Cundiff explained that the current Building Commissioner and Town Counsel feel the frontage along the lane and the main road of this corner lot should be a front yard setback of 50’. Because of the ANR, there is a sliver of land between the lane and the lot, therefore it is not a corner lot, so it has a side yard setback of 15’. There is an existing structure that is outside the 15’ setback, but within the front yard setback. A discussion was held.
Atty. James Kelly stated that his clients are concerned about loss of use and enjoyment of the garage and problems selling the property in the future.
Mr. Zwicker made a motion to continue the public hearing for Allen G. Riley and Hunts Pond, LLC (DEF-160627), Amend the Application of the Definitive Subdivision Plan Entitled “The Lane at Hunt’s Pond”, 187 Main Street and 229 Main Street to September 12, 2017 at 7:30 PM. Mr. Greco seconded the motion. Vote: Unanimous.
Mr. Stevens and Ms. Sharkey rejoined the meeting.

8:18 PM PUBLIC HEARING: JACOB SCHULTZBERG & BRITTANY FURNO (RC-170724) Application for a Two-Lot Definitive Residential Compound Subdivision Plan, 49 Southeast Main Street.
Mr. Marks opened the public hearing. Steve O’Connell of Andrews Survey and Engineering joined the meeting. One lot of the proposed two-lot residential compound subdivision has an existing dwelling owned and occupied by Christine and John Furno. Their daughter, Brittany and son-in-law propose to construct a new single-family home with access from an existing driveway. The new driveway will be outside of the existing private common way. An easement will be provided. No new poles will be installed.
Mr. O’Connell requested waivers for the following: installing a 40’ paved apron, installing a turnaround, and providing a 30’ indigenous vegetative buffer zone from the private common way to abutting property lines. The abutter has submitted a letter of no objection. Mr. O’Connell stated that the fire chief is comfortable with the way as it exists. Mr. Cundiff stated that no physical work is going to be performed within the existing driveway for the proposed private right-of way. The applicant is also looking for a fee waiver. A discussion was held. Ms. Sharkey asked for a request in writing for $2,290.
Ms. Sharkey made a motion to close the public hearing for Jacob Schultzberg and Brittany Furno (RC-170724) Application for a two-lot definitive residential compound subdivision plan, 49 Southeast Main Street. Mr. Stevens seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the request for waivers of Section 4 for Inspection Fees, reduce the fee for the proposed road to $300, and Section 4.3.7a, f, and g. Mr. Zwicker seconded the motion. Vote: Unanimous.
Ms. Sharkey made a motion to grant the application for a two-lot definitive residential compound subdivision plan, 49 Southeast Main Street for Jacob Schultzberg and Brittany Furno (RC-170724), subject to the name for the road being included on the plan. Mr. Zwicker seconded the motion. Vote: Unanimous.

DISCUSSION:
1. Designate Board Member to Sign Vouchers. Mr. Cundiff stated that the Municipal Modernization Act allows naming of one or more individuals to sign on behalf of the board.
Mr. Zwicker made a motion to designate Ernest Marks and/or Tracy Sharkey to sign vouchers on behalf of the Planning Board. Mr. Ballou seconded the motion. Vote: Unanimous.
2. Sleepy Hollow Definitive Subdivision Decision. Mr. Cundiff presented the draft decision, which is basically boilerplate. Mr. Cundiff will add that a light is to be installed at the central mailbox location.
Mr. Cundiff spoke with Town Counsel regarding if an easement is required for the discharge into the wetland from the retention pond. Town Counsel replied that the wetland was close enough to the property line that it should not be an issue.
Mr. Cundiff read the Special Conditions.
3. Sleepy Hollow Earth Removal, Phase 3 Decision. Mr. Cundiff received a letter from Guerriere and Halnon. Not enough Planning Board members are able to vote to obtain a super majority to issue the Special Permit, therefore the applicant is requesting that the hearing be re-opened based on new information. Once the hearing is re-opened, everyone at the table will be able to vote.
4. Upton Site Remediation: As-Built Plans and Update. Mr. Cundiff gave the background on the site. The site was bowl-shaped, but the plans were to create a hill. The Board had denied the request for return of surety. The Board had been concerned about loaming, seeding, side slopes and they requested an as-built. The applicant felt that the surety document gave him the ability to leave the site bowl-shaped, with steep side slopes (1:1) and no vegetation. There is a sentence in the surety document that states that if grades on completion are below the surrounding property elevations, the applicant does not have to build a detention pond or meet the grades that were permitted. The Board’s decision and the surety document speak to loaming and seeding and establishing suitable grades, which on the plan are 3:1 or shallower. Town Counsel agreed that the language that the applicant is relying on does not necessarily support the lack of loam and seed or establishment of suitable grades.
Ms. Sharkey suggested pulling the surety and pay for the plan to be done. Mr. Cundiff will check with Town Counsel. The Board agreed that the area needs to be loamed and seeded and the slopes need to be stabilized and at least 3:1.
5. Request for Return of Funds: Pyne Sand & Stone, Area F. Mr. Cundiff presented two sets of photos, one set from February and one set from today. In February, the Board voted to withhold $3,000 of the surety to allow the grass to grow.
Ms. Sharkey made a motion to release the balance of $3,000 for Pyne Sand & Stone, Area F. Mr. Zwicker seconded the motion. Vote: Unanimous.
6. Request for Return of Funds: American Pro Wind, Webster Street.
Ms. Sharkey made a motion to grant the request for the return of the balance of funds in the account for American Pro Wind, Webster Street. Mr. Greco seconded the motion. Vote: Unanimous.
7. Request for Return of Funds: Kenneth Ballou, 74 & 76 West Street. Mr. Ballou recused himself.
Ms. Sharkey made a motion to grant the request for the return of funds in the amount of $3,613.12, plus any accrued interest, for Kenneth Ballou, 74 and 76 West Street. Mr. Zwicker seconded the motion. Vote: Unanimous.
Mr. Ballou rejoined the meeting.
8. Roadway Projections. Mr. Cundiff stated that he will be moving forward at the fall Town Meeting to get Darling Way and Spring Meadow Estates accepted as public ways utilizing the account from various projects.
There are a number of parcels that the Board required during design where they took the paved roadway but did not take the odd strips associated with the projection. The Board directed Mr. Cundiff to initiate proceedings with those parcels.
9. Maple Heights: Update. Mr. Cundiff stated that he contacted the new owner of Emerald Realty and they have not responded to him. The former developer, Bill Eagan, contacted Mr. Cundiff yesterday. Mr. Cundiff asked him to send a letter outlining what remains to be done and he will review it and then contact Mr. Eagan regarding moving forward.
10. L’Heureux: ANR Tax Discussion. Mr. Cundiff stated that he informed Mr. and Mrs. L’Heureux about the issue with the taxes. The two parcels in question are located on Royal Crest Drive. The applicants had been current on their taxes up until the time the Town took the road.
The Board has the option of holding a public hearing or they can deny the applicant for an ANR due to taxes being owed. A discussion was held.
It was decided that the applicant needs an agreement. Ms. Sharkey suggested a Treasurer’s deed for the taxes owed.
11. Sign/Request for Extension of an Accessory Apartment Special Permit: Russell & Heather Carlson, 121 Wallum Lake Road (AA-080515).
12. ZBA Variance Application: Henry LaBonne, 56 Martin Road. The applicant is proposing adding a 28’ x 80’garage in a VR zone. Mr. Socrat does not feel that there is a hardship. The Planning Board objected to the application as it is. They felt that a structure could be built that would meet the setback requirements.
13. Minutes: July 11, 2017.
Mr. Greco made a motion to approve the July 11, 2017 Planning Board meeting minutes as amended. Ms. Sharkey seconded the motion. Vote: Aye-6, Mr. Stevens abstained.

OTHER BUSINESS:
Mr. Cundiff explained the Mullin Rule.
Mr. Cundiff does not know the date for the start of the work on the North Street bridge.
Mr. Cundiff stated that there is residual money in a few accounts where subdivision developers have dissolved. He presented those monies to John Furno of the Highway Dept. and Mr. Furno asked the Planning Board to authorize him to draw from these bond accounts to do crack sealing and brush cutting on Conservation Drive and Shady Knolls and to overlay the first 225’ of Sunset Drive with hardtop. Ms. Sharkey made a motion to authorize John Furno to draw on those bond accounts as presented. Mr. Socrat seconded the motion. Vote: Unanimous.

9:26 PM ADJOURNMENT:
Ms. Sharkey made a motion to adjourn the Planning Board meeting at 9:26 PM. Mr. Zwicker seconded the motion. Vote: Unanimous.

Respectfully submitted,


Mary Wright
Recording Secretary
Mary Wright
 
Posts: 506
Joined: Thu Jan 12, 2012 8:56 pm

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