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PB Minutes 01/12/05
BOLTON PLANNING BOARD
Minutes of Meeting
January 12, 2005 at 7:30 P.M.

Present:  Lawrence Delaney, Mark Giunta, Russell Karlstad, Frank Lazgin, Douglas Storey, Stephen Garner (Associate Member), Nat Tipton (Town Planner), Betsy Cussen (Town Clerk)

ADMINISTRATIVE BUSINESS
7:30    Bills/Mail/Correspondence/Announcements

Letter from Attorney General's Office

Tipton explained that the Town Clerk received a letter from the Attorney General's Office stating that the town's zoning ordinance cannot apply or enforce its zoning by-laws in a way that 1) treats assisted living, congregate living or nursing home facilities with any less deference given to single family residential dwellings or accessory apartments, or 2) require a special permit for agricultural uses on land zoned for agriculture on land greater than five acres.

Budget

The Board reviewed a budget for FY06.  The Board agreed to hold money for a master plan implementation study under purchase of services and could release the money if requested by the Master Plan Committee.

8:00    Harvard Road Backland Lot and Common Driveway Hearing
Present:  Robert Moss, Bill Fateiger (Conservation Commission), Katherine Post (Abutter), Christopher and Leslie Demers (Abutters)

Delaney simultaneously reopened the backland lot and common driveway hearings.  

Moss explained the plans were revised to address a number of Conservation Commission concerns, including pulling development away from wetlands, and redesigning the drainage basins for a 25 year rather than a 100 year storm event.  The Board should include a stormwater management plan in its decision that was submitted to the Conservation Commission.  Cussen stated the conventional lot (Lot #3 on plans) should be formally created through the ANR process and a block stating "Approval Not Required Under the Subdivision Control Act" should be placed on the plans.

Giunta made a motion to close the common driveway and backland lot special permit hearings, seconded by Karlstad.  The Board voted unanimously voted in favor of the motion.5-0.  

8:30    Open Space Boundary Marker
Present:  Bill Fateiger (Conservation Commission)

Fateiger explained the town is receiving open space that is not bounded which has caused several problems.  One way to solve this is to require developers to mark dedicated open space through metes and bounds.  Southborough, Westborough, and Berlin are communities that require this.    Consideration includes where to require bounds on property (at the arc or vertex of open space property lines), who will be responsible for monitoring to ensure the work has been completed, how to ensure the boundaries remain visible without making them overbearing, and how to mark bounds within a wetland as these will shift.  Tipton agreed to research the issues by contacting other towns.

Fateiger also mentioned the Commission is considering revising or eliminating the Water Resource Protection District as the wording of the original zoning bylaw has been very difficult to interpret and meet.  

9:00    Planning Board Filing Fee Changes

The Board voted to adopt the fee schedule below.  

FILING FEES     
       
APPROVAL NOT REQUIRED (ANR) PLANS      $75 Application Fee  +   $100 each lot / parcel created                                                                                     including original
PRELIMINARY SUBDIVISION/FOSPRD                $2000 Application Fee  +  $100 each lot
DEFINITIVE SUBDIVISION/FOSPRD                 $4000 Application Fee  +   $200 each lot
FOSPRD                                                     $500 Application Fee  +   $50 each lot
COMMON DRIVEWAY (serves 3 to 5 dwellings)       $2500 Application Fee  +  $150 each lot served
BACKLAND LOT                                           $500 each lot
SCENIC ROAD / SHADE TREE                                   $100 Application Fee
DRIVEWAY PERMIT (Single or Shared)             $200 single      /      $400 shared
MODIFICATION OF APPROVED SUBDIVISION / SPECIAL PERMIT  $500
ROAD ACCEPTANCE                                         $1500 or $3 per LF whichever is greatest
       
OTHER FEES      
COMMON DRIVEWAY ACCEPTANCE                      $150 each lot served
SURETY RELEASE REQUEST                              $100 + site inspection if necessary
        
This schedule does not include fees which may be required to cover project review costs or which may be required to be posted as surety.

9:30    Single and Shared Driveway Regulations
The Board voted to adopt the single and shared driveway regulations with minor modifications.

9:50    Annual Report

The Board reviewed an annual report prepared by Tipton and provided changes.  Tipton will submit the draft for inclusion in the annual town report.  

10:00   Minutes

The Board reviewed meeting minutes and made changes to the following meetings:

3/10/04

3/24/04

4/14/04

4/28/04

5/3/04

5/12/04

5/26/04

6/9/04

6/23/04

7/7/04

7/28/04

8/11/04

8/25/04

9/8/04

9/22/04

A copy of the revised minutes will be available for Planning Board signatures next meeting.