January 9, 2018 Planning Board meeting

January 9, 2018 Planning Board meeting

Postby Mary Wright » Fri Apr 13, 2018 4:52 pm


A meeting of the Planning Board was held on Tuesday, January 9, 2018. Mr. Marks called the meeting to order at 7:00 PM and announced that the meeting is being recorded and will be available on cable and on the website.

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

7:00 PM ANR PLAN: GARY JOLICOEUR (#2018-01), Shore Road.
Atty. Henry Lane joined the meeting on behalf of Mr. Jolicoeur. From a regulatory standpoint, Mr. Cundiff’s comments have been addressed. Note 1 on the plan refers to access to the lot: the grade was steeper than 10% along the entire frontage. The driveway will be graded so that it is shallower than 10%.
The Board needs to make a determination regarding accessibility; whether or not the property owner has access over Shore Road, which is a private way. Mr. Cundiff included a section of the ANR Handbook entitled “Determining ANR Endorsement” in the packet. There are five items the Board must consider for any ANR plan.
Louis Tusino, 14 West Street stated that he holds the deed for Shore Road. Atty. Lane stated that the private road existed prior to subdivision control and condition #1c is met. Town Counsel, Atty. Jay Talerman joined the meeting. Ms. Sharkey asked, if rights to the public way from the original Wallum Lake Terrace subdivision were deeded, would this land need to have deeded rights. Atty. Talerman stated that there are other ways to have rights to property, and he was not prepared to do that title work. A discussion was held.
Mr. Zwicker made a motion to endorse the ANR plan for Gary Jolicoeur (#2018-01), Shore Road. Mr. Stevens seconded the motion. Vote: Aye-5, Ms. Sharkey and Mr. Greco abstained.

1. Stone Gate Earth Removal: Phase 3 Bond. Mr. Cundiff stated that the work is essentially complete, however he has not received the as-built plans and engineering certification. He does not object to a partial release ($5,000), however the request is for a full release of $39,276.05. Mr. Cundiff informed Atty. Sughrue what is needed to close out the project and go to Town Meeting for road acceptance. No action could be taken because the paperwork was not complete. Mr. Cundiff will send another email to Atty. Sughrue.
2. Accessory Apartment Bylaw: Section 3.3.3 #3 (Lease Documents). Mr. Cundiff stated that the packet includes an email from Town Counsel with a proposed amendment that states that the Board may require a lease agreement for an accessory apartment. It was the consensus of the Board that Mr. Cundiff start the process to make this bylaw change.
3. Memo from ZBA dated 12/14/17: Proposed Zoning Bylaw Change. Mr. Cundiff stated that this change pertains to non-criminal disposition. Currently, bylaws allow for penalties, but the ZBA has proposed a change to 9.1.3 to make the penalty effective by adding a $300/day/violation fine. Atty. Talerman stated that “up to” cannot be added; the schedule must be concise. It was the consensus of the Board that Mr. Cundiff schedule a public hearing.
4. Vote/Sign: “The Lane at Hunt’s Pond” Mylars/Covenant. Atty. Rob Knapik joined the meeting. It was decided that the timeframe end date would be June 1, 2023.
Atty. Knapik stated that Mr. Riley spoke with Bob Sullivan of the Water/Sewer Dept. in December, and Mr. Sullivan had some resistance to individually providing a letter of approval. Mr. Riley will get on the agenda for the next Water/Sewer Commission meeting. Mr. Cundiff was comfortable with the plans being signed, pending Water/Sewer Commission approval.

7:42 PM ANR PLAN: MILTON MOTA (#2018-02), 66 Southwest Main Street.
Lance Anderson of Heritage Design Group joined the meeting and stated that this is an 81X, not an ANR. It is a lot frontage exemption plan. There is no change in the property boundaries. A discussion was held.
Ms. Sharkey made a motion to endorse the plan for Milton Mota (#2018-02), 66 Southwest Main Street for the reduced lot frontage exemption. Mr. Greco seconded the motion. Vote: Aye-6, Mr. Stevens abstained.

5. Minutes: December 12, 2017.
Mr. Greco made a motion to approve the December 12, 2017 Planning Board meeting minutes as amended. Mr. Ballou seconded the motion. Vote: Aye-5, Ms. Sharkey and Mr. Stevens abstained.
6. ZBA Variance Application: Case #2018-01/Twin River Realty Trust, 58 Chestnut Street. Mr. Stevens stated that a brook on the lot is cause for the dwelling to be shifted into one of the side setbacks. They are looking for a variance of 10’. The Conservation Commission suggested that the applicants ask the ZBA for a variance.
The Planning Board had no objection to the variance.

Mr. Stevens asked if updating some of the Planning Board’s policies could be added to the next agenda.

Mr. Zwicker made a motion to adjourn the Planning Board meeting at 8:01 PM. Ms. Sharkey seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 553
Joined: Thu Jan 12, 2012 8:56 pm

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