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HomeMy Public PortalAboutPlanning Board -- 2008-09-10 MinutesHenchy: Felt that the dirt road bylaw was being somewhat leveraged. Idman: The zoning in the area is for 60,000 SF lots which are rather large and felt there should be a way to mitigate the issue. Henchy: Under the Dirt Road Bylaw, you can have only 1 house and you have to have 5 acres on a preexisting fot of record and you must have adequate access. Therefore, if you split the lot then the lots would not be preexisting. Further, one lot would not have the adequate 5 acres. Taylor: expressed concern over the frontage and reconfirmed her understanding of the requirements for an applicant to apply under the dirt road bylaw. Idman: Stated that this lot is preexisting and that the frontage would be created with the ANR because they would allow fora 40' road layout for utilities to be brought in. Henchy: would the applicant want to pave the way? Idman: whatever the Board needed the Cleary's would entertain. They would like to know if other property owners would like the way paved as well. Pierce: Stated that the Planning Board can only look at the property from a zoning perspective. Idman: Felt that the lot would comply with zoning if they go with an ANR first. Henchy: Felt that the Board had already granted a favorable decision on this lot utilizing the dirt road bylaw and didn't think you could undue what was already done. An approval under the Dirt Road Bylaw does not give you frontage however you are required to maintain the way. He further thought that a legal opinion from Town Counsel would be required. Tubman: the whole dirt road bylaw makes this issue complicated. McMullen and Bugle: agreed with the comments brought forward. Henchy: Opened the floor to the public. Wagner, 46 Gulls Way: Her access is the paved part of Gulls Way and it is shown on a 1965 plan. She expressed concern with Mr. Cleary maintaining the way because some of the way crosses directly over her property. It was her understanding the easement on her deed was only for lots of record as of 1965. An abutter: the definition in the bylaw state "well traveled way" -she hardly felt that Gulls' way was a well traveled way. Henchy: asked if the way was traveled? If it were traveled then it met the definition. Budrisky, 80 Gulls Way: He was not aware that Mr. Cleary was maintaining the way. He and other neighbors had made other arrangements to have the road maintained. Pierce: Stated that Mr. Cleary was obligated to maintain the road to enable emergency vehicles access. Bickford, 192 Gulls Way: Stated she was concerned about the traffic on the way. Currently there are no homes on the north side of Gulls Way and felt that if this subdivision were allowed then the whole area could be developed. Boehm, 326 Gulls Way: The lot was approved under the Dirt Road Bylaw and if this modification were allowed then the Board would be setting a precedent for all lots on dirt roads. Petingill, 168 Gulls Way: Expressed concern of the right of way needing to be expanded to meet Town standards of 40' wide. Planning Board Meeting Page 2 of 5 09-10-08 Henchy: Confirmed that the subdivision rules state 40 feet is required therefore, the Cleary's would need to acquire agreements from all property owners to clear this way. Cleary: Asked how other lots were getting approval when they were on much smaller lot sizes? Henchy: They may have received a variance. He asked specifically what lot was Mr. Cleary talking about and we could research? Mr. Cleary could not be specific. Idman: Stated that the Board handles each case as it is presented and that an overall president would not be set. He also stated that the lots on the north side of Gulls Way fall into zoning that requires a 100,000 SF lot size so the area is not going to have high density. He also, thought that the Board was entitled to modify their own decisions. Mr. Idman also stated that the Way can be dated back to the 1900's prior to all zoning. Wagner, an abutter: Stated that the Tree farm use has been granted so how can you add a house to the mix? Henchy: Most zoning bylaws don't apply to a farm if it is over 5 acres and used for agricultural use. Pierce: Motioned to refer these questions to Town Counsel. Seconded by Taylor. All Aye. LEGAL HEARING #2008-18: Don Baker; would like to confirm that Assessors' Parcel 86, Map 34 has frontage on Proprietors Cartway. Present: Don Baker Henchy: Mr. Baker supplied a number of documents which were briefly reviewed and then Mr. Henchy asked Mr. Baker to present his case. Baker: Stated the road has been named and has been numbered all the way from Rte. 124 to Gulls Way. He felt that if you had 2 properties on the same way then the frontage should be recognized. Henchy: Had to agree to some point. However, Mr. Romme's property was granted an approval under the Dirt Road Bylaw which does not recognize frontage and your property was granted approval based on a map that showed its early existence. Unfortunately, after further consideration, Mr. Henchy, felt that Mr. Baker needed to go to ZBA because the Planning Board did not have the authority to recognize the frontage. Ms. Pierce and Mr. McMullen agreed with Mr. Henchy. Baker: Reiterated the fact that he was instructed to go to the Planning Board and he expressed his frustration with being redirected. M. Baker again pointed out that the property was created prior to zoning and it has suitable access. Therefore, the Planning Board could determine the frontage. Henchy: It appears that you have access based on Mr. Romme's lot. However, that does not mean that you have frontage. Tubman: She was not comfortable with making a decision without obtaining a legal opinion from Town Counsel. Further she asked Mr. Baker, if he had to go to ZBA for his lot before he came to the Planning Board. Mr. Baker stated he did but that appeal was different. Henchy: Opened the floor to the Board. The whole Board agreed that Mr. Baker needed to go to ZBA to obtain a variance. Taylor: Unfortunately, the Board can't waive a variance. Baker: Left the room extremely frustrated with the process Planning Board Meeting Page 3 of 5 09-10-08 Minor Modification of SP#50358: Applicant: Brewster Baptist Church. -Property located at 1848 Main Street, Assessors' Map 17, Parcel 60. Request for an amendment to the original decision to locate the two- cargarage 75 feet north of the garage shown on the original plan. Present: Ron Rich Rich: presented his request to move the garage and extend the depth by 8 feet. Henchy: Asked who used the garage and for what use? Rich: the church would use the garage to store materials. Henchy: Stated that the Board had limited control on religious and educational uses. Barnard: Motioned to modify the Special Permit to reflect the requested changes conditioned upon the receipt of a final engineered plan that reflected these changes. Seconded by McMullen. All Aye. ROLL CALL VOTE: William Henchy Aye John McMullen Aye Elizabeth TaylorAye Marjorie Pierce Aye Amber Tubman Aye Robert Barnard Aye Informal Discussion: Tom Burrows, located at 735 Tubman Road, Assessor's Map 26, parce164 & 64-1. Preliminary discussion to erect a 132' 8" wind turbine on vacant lot adjacent their residence. Present: Tom Burrows Burrows: Based on the rules & regulations, the Board would like to have a preliminary discussion with applicants so that is why I am here. I would like to see what else is required for when I submit the application for the legal hearing. A lengthy discussion occurred, points of particular interest revolved around the height of the turbine. Mr. Burrows pointed out that the turbine falls into the Large scale category because it is 2 feet 8 inches too tall. It was decided that the turbine would be recessed 2 feet in order to keep it within the guidelines for a medium scale turbine. It was noted that an ANR would need to be obtained in order to address the required lot size for the turbine. A brief discussion regarding necessary waivers occurred (i.e. balloon test, noise reports). Based on this discussion, Mr. Burrows would prepare/submit the additional information. Minor Modification of SP#2006-10: Applicant: S.A. Architecture, Inc. -Property located at Latham Center's Inc., 1646 Main Street, Assessors' Map 24, Parcel 21. Request for an amendment to the original decision for elimination of two trees and relocation of one. Present: Anne McManus Henchy: reviewed the letter which outlined the request for modification. He stated that he had been out to the facility and felt the changes were necessary due to the construction. McMullen: Motioned to modify the Special Permit conditioned on receipt of a final as built plan that outlined the changes. Seconded by Barnard. All Aye. ROLL CALL VOTE: William Henchy Aye Elizabeth TaylorAye Amber Tubman Aye Planning Board Meeting 09-10-08 John McMullen Aye Marjorie Pierce Aye Robert Barnard Aye Page 4 of 5 Informal Discussion: Robert Doeg, Assessors' Map 21; Parcel 82-1. To discuss the Agreement and Covenant for the Harrison Hill Subdivision. NOTED that Mr. Doeg did not show up for the discussion. Other Business: 1. Review and approve Minutes: July 2"a, July 9'" and July 22"a July 2"a: Pierce motioned to approve. Seconded by McMullen. All Aye 6-0-0 July 9t": McMullen motioned to approve. Seconded by Pierce. All Aye 6-0-0 July 22"a: Taylor motioned to approve. Seconded by Barnard. All Aye 6-0-0 McMullen: Motioned to adjourn. Seconded by Taylor. All Aye. Respectfully submitted, ~.~ arjorie fierce/Clerk J y nn Sci/Administrative Clerk Planning Board Meeting Page 5 of 5 09-10-08