Public Hearings and Regular
Meeting
Wednesday, February 9, 2005
7:00 p.m.
Members
Present:
Jack Christian, Chairman (JC), Larry Cuddire, Vice Chairman(LC), Don Egan (DE),
Robert Straubel (RS), Ron Christ (RC) and Harold Congdon (HC)
Also Present: Assistant Planner, Katrina O’Leary (KO), and
Secretary, Pat Banfield
Chairman opens the meeting at 7:00 p.m.
a. ACC –
Christopher Kane,
HC
has no problem with apartment, but paperwork is not correct.
HC motions Planning Board send a letter to the Zoning Board
stating that the ACC applicant meet the following criteria:
i.
Change the term
"in law apartment" to "accessory apartment" in application
ii.
Correct name of
abutter on plan
LC seconds – discussion
DE recommends letter include the following:
1) Area of the lot 8507 sq ft.
2) Description of neighborhood is a commercial/mix use,
no effect, and structure already exists.
3) The Planning Board recommends granting special permit
after the applicant makes the above changes.
Vote on Motion 4-1 (DE) opposed
Motion passed
b. Preliminary
SPR – Pat Ricardi – Wholesale Flowers structure
LC questions if wholesale is an allowable use in a commercial zoned area,
Town Bylaws state yes. The board
discussed the plan and traffic flow.
Preliminary
plans presented by Ron Lafely.
7:30 PM Public Hearings:
Mike Wolpert is before the board to obtain
approval on a Form C subdivision. The
proposed roadway will provide frontage for both lots. He notes on the plan that all existing
buildings will be demolished or removed.
JC
questions why not eliminate property line between
KO
states that the proposed plans do meet the definition for a subdivision this
time and the plan could work. However
she points out that the board should make certain that before any lots are
released for building purposes, that the buildings be removed from the
lot. If the proposed lot lines are
approved, the existing buildings would
be too close to the lot line. A note
could be added to the plan stating such.
Wolpert
doesn't want to commit to tearing down
the buildings.
Abutter,
Tim Leonard ,
Applicant
is requesting waivers for the following:
-
No sidewalks
-
Overhead utilities with
poles
-
Pavement width 12 feet
-
No turnaround
-
No drainage and
-
No granite curbing at
entrance
KO
recommends sending the plans to the board's engineer before voting on the
waiver requests for his advice on the granting of such waivers.
RC motions to review
waivers individually:
HC Seconds
Motion passes
HC motions to grant a waiver of the sidewalk requirement.
RC Seconds
Vote on Motion 5-0
Motion passes
HC motions to grant a waiver of the
underground services requirement.
RC Seconds
Vote on Motion 5-0
HC motions to deny the waiver request
for provision of a turnaround and for the applicant to include a turnaround on
RC Seconds
Vote on Motion 5-0
DE Seconds
Vote on Motion 3-1 (RC)-Abstain (HC)
DE Seconds
Vote on Motion 2-3 Cuddire, Egan in
favor. HC, JC, RC opposed
Motion failed
RC Seconds
Vote on Motion 3-2 Congdon, Christian,
and Christ in favor. LC, DE opposed.
HC motions to grant applicant's waiver request for
the required roadway width and require only a 12 ft. width of driveway.
RC Seconds
Vote on Motion 3-2 Congdon, Christian,
and Christ in favor. LC,DE opposed
Motion passes
HC motions that
Vote on Motion 4-1 Congdon, Christian,
Egan, and Christ in favor. LC opposed
Motion passes
RC motions to have applicant submit $500. in escrow
for Town engineer
LC seconds
Vote on Motion 4-0 (HC) abstained
Motion passes
LC motions to continue hearing until
the next meeting – 2-23-2005
RC Seconds
Vote on motion 5-0
Motion passes
Mark Hollinger, spoke on behalf of the
applicant. The applicant is proposing to
add one story to the existing home to create an additional unit. This would increase the dwelling to a total
of 4 units, (2, 2BR and 2, 1BR). Mr.
Hollinger proposes stack parking for 8 vehicles, which is shown on the plan.
DE agrees with HC
Mr. Hollinger does show an alternate
parking plan which shows three pairs of stacked parking spaces and two single
spaces.
KO
feels that in a zone which bases its density for each lot on how many parking
spaces can be placed on the lot, proposing even two cars stacked is
questionable at the least.
DE motions to deny the site plan
application due to parking not meeting the town of
RC Seconds
Vote on motion 5-0
Motion passes
Ann Bardeen presented the board with visuals of
the architectural elevation plans which had been requested before they make a
decision.
LC motions to approve the Site Plan
DE Seconds
Vote on motion 5-0
Motion passes
Matthew Watsky, attorney for applicant was
present and spoke to the board on requesting a waiver for the paved road for
this particular barrier beach subdivision.
HC
recommends allowing this waiver for an unpaved road due to the location on a
LC feels that the DEP is putting an unfair
burden on the town, if road fails, the town will be responsible.
Applicant proposed putting $12000. Bond in
reserve, with the Town of
HC amends his motion
to ensure mutual fund of $12000. Also
recommends Mr. Watsky, applicant's lawyer, prepare document stating trust, and
have Town Counsel review.
Motion fails for a
lack of a second.
LC requests that Town
Counsel interact with applicant on proposed reserve bond.
HC motion to continue
hearing for 3 meetings, until March 23, 2005, so Town Counsel will have time to
review applicant's proposal.
LC Seconds
Vote on motion 5-0 Motion passes
LC motions to approve, since applicant will be meeting in front of Con
Comm. Also, stating that if any parking or site changes occur from that
meeting, applicant would come before Planning Board again for a revised
approval.
HC Seconds
Vote on Motion
5-0 Motion passes
Applicant is proposing to increase building
size from 14000 sq ft. to 25400 sq ft.
We have received a letter from the Assessors Office stating that they
have no problem with the proposal.
Also, Chairman has received a letter from the
BOH and applicant will respond directly to the Board of Health questions.
Applicant proposes to construct an addition of
a 40 x 40 ft. garage to keep vehicles out of the weather. Applicant also has a variance before the BOA
and a NOI has been submitted to the Con Comm.
Other Business:
a.
LC motions to waive public hearing
RC Seconds
Vote on motion(s) 5-0 unanimously affirmed
Signatures:
JC motions to approve and sign the
1-26-05 minutes
BS Seconds
Vote on motion(s) 4-0 unanimously
affirmed
Adjournment
Motion by LC to adjourn, BS seconds
Vote on motion: Unanimously affirmative. Motion
passes
Meeting is adjourned at 10:00 p.m.