Planning Board Minutes
June 27, 2005
4:30p.m.
Town Hall
Present: William Meegan-chair, Mitch Posin, Edward Kenyon, Richard Osnoss, John Flender, Russell Walton, Janet Weidner, and Deborah Cini, Administrative Assistant.
Public: Craig Wiggins, Glen Provost, Doug Sederholm, Jean Fischer and Moira Fitzgerald.
William Meegan opened the meeting at 4:30 p.m.
The minutes of June 13, 2005 were approved with two minor changes.
The minutes of May 23, 2005 were approved with one change.
Jean Fischer came before the board for the signing of the linen and the approval form of her Form A application. Jean Fischer had gone before the ZBA and her plan for a youth lot was approved with the restriction of no guesthouses on the 3.2± Acres parcel. The Board voted to approve the Form A application unanimously subject to the Youth Lot approved by ZBA. Jean Fischer thanked the board for helping her create a youth lot for her son.
Glen Provost presented the Form C updated plan for Craig Wiggins - Pepperbush Farm, AP 13-6. Glen went over The Plan and each of the notes on The Plan. The current plan states in the notes:
1. The Way shown hereon is approved as adequate only for the number of lots shown on this plan.
2. Prior to the sale of lot 1-A or lot 1-B to separate owners a well shall be drilled and pumped on lot 1-A that produces water of a quality and at a rate satisfactory to the Board of Health.
3. Prior to the sale of lot 1-B to a separate owner, a disposal works permit shall be obtained from the Board of Health and the existing well will be relocated to meet the requirements of the Board of Health.
4. No guesthouse, no pool and no tennis court are allowed on lot 1-B.
5. No guesthouse is allowed on lot 1-A if a dwelling has been built on lot 1-B. If a guesthouse has been built on lot 1-A it must be removed before a dwelling can be built on lot 1-B.
Mr. Meegan questioned if this was also an application for a guesthouse. Mr. Provost stated no it is not and the language of the notes was intended to provide flexibility on the plan. There is no screening shown for lot 1-A for the Creighton-Lawrence abutters. Also the language states a "no tree cutting zone" vs. a no-cut zone. During the last meeting the board instructed Mr. Wiggins to have a no-cut zone and was very clear about what the board wanted on the Plan. Mr. Walton raised some concern about the wording of the no-cut vs. no tree-cutting zone stating that it is subject to interpretation.
Mr. Sederholm stated that note # 5 could cause potential problems. Especially if a guesthouse is built on 1-A and 1-B is sold to a party that wishes to build a house. You cannot expect the person on 1-A to raze the guesthouse. Also he raised concern with the conditions not being on the title at the registry of deeds. Mr. Provost disagrees with Mr. Sederholdm stating that precedent has been set with these kinds of conditions. Ms. Weidner stated that there is a need to keep with the consistency of the subdivision and there is no guesthouses allowed on any of the properties. Mr. Provost agreed to change the wording of note #5 to "No guest house is allowed on lot 1-A." Mr. Walton stated that there should be a concrete bound, in line with the building envelop of lot 1-B, of Mr. Lovelucks bordering
property line to provide a reference point for the no-cut zone and building area.
Mr. Meegan read Mr. Loveluck's letter into the minutes. There was no comment. Mr. Sederholm suggested moving the building envelope 20 feet to the east and 40 feet to the north, following this with a corresponding no-cut zone along the Loveluck border. Also to move the Northeasterly lot line for 1-A 10 feet to the East. This would give a larger building envelope along with more privacy for Mr. Loveluck. Mr. Provost stated that it is not possible to move the NorthEasterly leg 10 feet to the East since the septic just fits within the Board of Health requirements. After much discussion Mr. Provost proposed the following:
1) The "no tree cutting" to say no-cut zone.
2) Move the building envelope 20 feet East but no closer than 100 feet from the wetlands.
3) Width of the no cut zone will remain at 50 feet.
Mr. Meegan read Mr. Wiggins letter into the minutes. There was no comment.
The wells were discussed. Notes 2+ 3 stated prior to the sale of either lot the wells need to be re-drilled, bringing them into conformity.
Mr. Sederholdm raised concerns about additional structures on lot 1-A pointing out that a barn could be built close to the lot line. Mr. Kenyon suggested a 50-foot setback for all structures. Mr. Provost stated that he would add that to the plan labeling it a building envelope. The concrete bounds will be placed prior to conveyance to separate owners.
The public hearing is to be kept open and the board will meet about it on July 11, 2005.
Moira Fitzgerald came before the board as a representative of Sheriff's Meadow Foundation to ask permission to build a second house on a 10-acre parcel in Quansoo Farm, Map 22 lot 5.3. The Mitchell house is already there and will be "decommissioned" as a residence and restored as a museum. There was much discussion about the Planning Board allowing this but there was concern about the Mitchell house being restored. Ms. Fitzgerald presented the board with a letter from the Sheriff's Meadow Foundation. It basically stated that they would make every attempt to restore the house as funds allow. After much discussion it was agreed to have Mr. Johnson, executive director of Sheriff's Meadow to come in and answer questions. A motion was made to approve this application. Motion carried.
Meeting adjourned at 7:30p.m.
These minutes respectfully submitted by Deborah Cini, Administrative Assistant.
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