Public Hearings
and Regular Meeting
7:00 p.m.
Members Present: Chairman Harold Congdon, Clerk Fred Bishop, Ron Christ, and Ed Ciaraldi.
Also Present:
Town Planner Lisa Pearson, secretary Katrina O’Leary, Selectman
Papoulias
Chairman Congdon opens the meeting at 7:10 p.m.
1. New Business
a. Kevin Corbin -
Mr. Corbin explains that he recently purchased a house on
2. Public
Hearings
a. Continued -
Definitive Subdivision Plan -
Jim Babbin explains the list of waivers being requested. Congdon asks a question regarding the depth of the pavement. The owner, M. Wolpert explains that the drainage will be running into the wetlands. Bishop asks questions regarding the width. Congdon asks for questions and comments from the public.
Mark McLellan, 38 Forest Road - He explains that the piece of land before the PB tonight used to be one big piece of land, and it was divided into 3 lots. When Mr. McLellan bought his home, he did his homework, and researched the zoning, etc, and ascertained that no one could build in the future on this land. Now the owner created this unbuildable lot, has been denied a variance for lack of frontage, and now wants the planning board to approve a subdivision of just one lot. He feels that the planning board should take control of this. Congdon explains that the problem is, this same thing has been done all over town, it's hard to say no all of a sudden. Congdon feels that they need to question the town counsel. General discussion takes place on whether the board should continue granting such subdivision approvals.
Motion by Fred Bishop to ask town counsel for a legal opinion on this subject and to send a letter to Ken Surrette asking him his opinion on this subdivision. Ciaraldi seconds the motion. Vote is unanimously affirmative.
Motion by Fred Bishop to continue the public hearing to next meeting. Ciaraldi seconds. Vote is unanimously affirmative.
b. Site Plan
Review -
Ron Laffely, representing the applicant, explains that the proposed plan shows three new retail areas. Bishop asks Laffely if he has shown the fencing existing at the rear of the property. Laffely explains that the scale of the plan prohibits the fencing from being shown on this particular plan. Bishop would like the board's engineer, Joe Serwatka, to look at it. Congdon doesn't feel that Serwatka has to look at it. Christ and Ciaraldi agree that Serwatka shouldn't have to look at it. General discussion on drainage. Laffely describes proposed lighting, and the fact that they have not yet received state permits to block off one existing entrance yet. Bishop asks Laffely to show the existing fencing on the plan, he wants to see it. Laffely states that the building inspector did give a permit for the fence.
Motion by Christ to accept the site plan as proposed, subject to the applicant submitting a plan of the total lot, which shows the existing fence. Ciaraldi seconds. Bishop explains that the reason he wants to see the fence is he doesn't want anyone coming back to him in the future saying there isn't the right information on the plan. Vote on the motion: Ciaraldi, Christ, Congdon in favor, Bishop opposed. Motion carries.
c. Site Plan
Review -
Ron Laffely, Fulcrum Architects, describes the proposed addition to his business' building. He explains that the site plan was approved months back, but they've made changes in response to the state curb cut permit. Bishop asks if it will be handicap accessible - Laffely answers in the affirmative. Congdon asks the elevation of the sewer main going out back - Laffely answers that it is a 12-foot drop. Bishop asks about lighting, Laffely answers that there will be down lights. Congdon asks for questions and comments from abutters.
Jim Brown, an abutter, states that he's OK with the drainage and landscaping plan.
Motion by Bishop to accept the proposed site plan. Ciaraldi seconds. Vote is unanimously affirmative.
d. Site Plan
Review -
Ron Laffely, Fulcrum Architects, explains that they would like to take down the motel building and build a six-unit condominium building. Congdon asks why he needs site plan review if it is all residential. Laffely answers that multi family housing needs Site Plan Review also. He describes that in phase one they would be scouring the dune area, and in phase 2 they would be building up the dune area. The roof is flat, collects water and sends it to an infiltration system below. Underneath the building there would be a stone system with a membrane underneath it in case of a gas leak. parking would be under the building, under the arbor, and also guest parking. Legally there are 12 parking spaces. Ciaraldi thinks it looks beautiful. Christ doesn't like it, he doesn't like to see the motel go. The building will be vinyl sided with trim, and architectural shingles. Congdon asks for questions and comments from the public.
Nancy Kangis -
Laffely explains that they were not seeking a variance from the ZBA, they were asking for a special permit to allow one non conforming use to be changed to another non conforming use - the ZBA had to decide if the second use was more or less intense a use than the first. He states that they've already gone through Conservation Commission and we're waiting for town counsel's letter.
General discussion on the outstanding right of way issue
that is in
An abutter who lives next door to Nancy Kangis feels that six units will create more traffic; she would rather see just two single-family homes. Congdon explains to her that it wouldn't be economically feasible perhaps.
Congdon reads a letter from Richard Bourne,
Christ does not like the plan at all, if he had a baseball bat he'd break the model in front of him. He feels that two houses would be better too - its just greed on the part of the developer.
Motion by Christ to deny the site plan. Motion fails for lack of a second.
Motion by Bishop to approve the site plan, subject to the receipt of Town Counsel's letter for the Board of Appeals. Ciaraldi seconds the motion. Vote on the motion: Ciaraldi, Congdon, Bishop in favor. Christ opposed. Motion passes.
e. Site Plan
Review -
Ron Laffely, Fulcrum Architects, describes that they are proposing to demolish 2 small buildings and replace them with one building with 4 units. This building will be occupied by the family that has owned the land for 2 generations. Laffely notes that they will need ZBA approval also. Christ asks if both buildings were winterized. Laffely answers that one was, one was not winterized. Bishop would like to see it go the the ZBA first. Christ feels there is no fault in passing it tonight. Congdon feels that it is replacing old buildings with something nicer. Congdon asks for questions or comments from abutters.
Mike Kealy, president of the condominium next door hasn't had the chance to talk to any people about their concerns, he has been away. Laffely talks to him about cones of view and building placement.
Congdon asks the secretary if everyone has been notified correctly. Congdon has received a letter signed by some abutters stating they were not notified. O'Leary answers that all abutter notices have been sent out. Congdon wants to continue the public hearing to see why some weren't notified.
Francis Fiorenza asks questions regarding building placement.
Sheila Allen has just retired, she lives on the first floor and is concerned that the new building would block all their views. Laffely explains to her the building placement and her expected views.
Ruth Duncan thought all abutters had to be notified by certified mail. Congdon says that they are not required to use certified mail.
Motion by Bishop to continue to the April 28 meeting. Ciaraldi seconds the motion. Vote is unanimously affirmative.
3. Old Business
Form A – Subdivision Approval Not Required – Karl and
Alana Boschen –
The board reviews the plan of land.
Motion by Bishop to endorse the plan as one not requiring approval. Christ seconds the motion. Vote is unanimously affirmative.
The Board signs the plan.
Form A - Subdivision Approval Not Required - Dan Graf -
The Board reviews the plan.
Motion by Bishop to endorse the plan as one not requiring approval under the subdivision control law. Christ seconds. Vote is unanimously affirmative.
Discussion on Applications
Congdon feels that there is a problem with plans not reaching other departments. He will create a sign off sheet. The sign off sheet will be with the master set of plans - the offices should get copes of the plans before the time clock starts running.
L. Pearson asks for specifics on what Congdon would like to see happen with the applications.
Congdon also wants copies of all plans for all site plan review and subdivision to be available in Wilma's office. Ciaraldi feels that there should be a table in the clerk's office and there should be a table to view them on.
5. Approval of
Minutes
Board discusses minutes. Christ and Ciaraldi attempt to accept some of the minutes. Congdon feels that they should wait for Bill Selig to approve the minutes. He asks all members to submit any changes to the Planning Board secretary so that she may incorporate them into the minutes so that they may be voted on in entirety at the next meeting.
6. Other
Business
Bishop reads the definition of the planning boards clerk's duties. (as seen on videotape of meeting)
Congdon leaves the room.
7. Adjournment
Motion by Bishop to adjourn at 9:25 p.m. He asks that the records show that the cameras have been off for 15 minutes. Ciaraldi seconds the motion. Bishop, Christ and Ciaraldi are in favor. Motion passes.
Approved:________________________________Date:_____________________