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Planning Board Minutes 05/21/07
Greenfield Planning Board
May 21, 2007
Minutes recorded by Joe Trudeau

Members present: Chairman Carrara, Halper, Morris, Adams, O’Connell, and Fletcher

Chairman Carrara read aloud the minutes of the last meeting.  The following changes were noted:
top of page 2, Class IV roads should be changed to Class VI
bottom of page 2, last line before boldface, change “or” to “for”
page 3, second paragraph, change “develop” to “development”
top of page 4, in discussion of new fee structure, change “the new…” to “the proposed…”
last page, under mail item 4, change “form” to “from”
last page, under mail item 1, add “Road” after “Dodge”
add that all votes at that meeting were voted on unanimously
page 2, fourth paragraph from bottom, second line, change “the size” to “due to the large size”
Morris moved to accept the minutes, seconded, voted in favor unanimously.  The minutes were accepted with the aforementioned changes.

Minor subdivision for Mark and Rhonda Cilley on Muzzey Hill Road
The plan was conditionally approved at a prior meeting.  All deficiencies have been addressed.  The plats were signed by Chairman Carrara and O’Connell.

Major subdivision for Belmore Heirs on Cornwell Road
        The last meeting regarding this subdivision application was on April 23, 2007.  Halper read aloud the minutes from that meeting.  Adel Hale discussed the changes made to the plans, including acreage adjustments, lot lines were straightened, and that off-lot septic was eliminated.  The following issues must be addressed:
Halper noted that the wording of Statement 9 is not right, specifically that “substantially” should be removed from that Statement, and it should also note that the plan is in compliance with Greenfield Zoning Ordinances and Subdivision Regulations.  
Also in Statement 9, add that the ZBA Special Exception being referenced is Case Number 07-1.
The illegal trespass logging road in the northwest corner of the lot should be removed from the plat to avoid potential problems in the future.

Halper moved to conditionally approve the Belmore Heirs Major Subdivision of lot 25-1, Map R6, provided the two deficiencies are addressed.  All members voted in favor of approving the plat.  A follow-up meeting was scheduled for June 11, 2007 at 8 pm.


Mail:
MEMO from Catherine regarding Ms. Neonakis’ land requesting advice on a pending property sale.
Board of Selectmen minutes from May 1, 2007
Town Of Greenfield Private Roads Policy
“Regulating junk and junkyards” brochure from Local Government Center

Neonakis lot issue
A town road runs “over” her 12 acre lot which has one deed, though there are effectively two separate parcels divided by the road.  She feels that she does not need a subdivision to sell the parcel on the other side of the road of her house because the road acts as a natural boundary.  The sentiment of the Board is that a road in and of itself does not create a natural subdivision of a property.  Members Halper, Morris, O’Connell, and Fletcher voted in favor of the statement going on record as the official feeling of the Board, member Adams voted in opposition, and Chairman Carrara abstained from voting.  

Wilco Holdings, LLC major Subdivision on Francestown Road
Chairman Carrara read aloud a letter he wrote to the Francestown Planning Board regarding the municipal boundary shared with one of the proposed lots.  Francestown has not yet provided a written response.  Halper read aloud the minutes from the April 23, 2007 meeting when the agenda item was last discussed.  1)        Dawn Tuomala asked that Adams disqualify himself because she felt that he had a personal agenda in opposing some part of the subdivision.  He apparently was quoted saying “I’m doing this for Dick Merrill.”  Adams agreed to abstain from voting, though he may still participate in discussion.  The following items are changes that were made to the latest version of the plats:
There are two water lines on this updated plat

Ms. Tuomala brought up the issue of water rights.  Across the street from the Wilco Holdings subdivision (Matt Harwood) is the recent David Danforth subdivision.  The existing house and lot has been sold by Danforth to a woman and her deed says nothing about water rights. Danforth’s deed when he bought the house includes statements about his water rights to a water supply system to be shared with the Harwood property, that being the water line across the street.  She supplied copies of those deeds that should be referenced if more details are needed.  She also read a deed from Mr. Merrill (original property owner) conveying rights to the town of Francestown of the spring that is the source of the water and origin of the water line.  Her research into these deeds and plats should suffice to resolve any future questions regarding water rights and conveyance or relinquishment of said rights to and from future property owners.

She had addressed all of the 8 deficiencies from the April 8, 2007 meeting

Other issues:
Wildlife corridor will be helped by driveway easement.
O’Connell voiced his concern about the access easement for one lot coming from another lots frontage.  The Board consulted the Zoning Ordinances and found that the language was somewhat unclear and Board members could not agree on exactly what limitations the Ordinance imposes.  The Board has no issue with an access easement across a lot.  Ms. Tuomala suggested that a slight change in the lot configuration would ease the potential legal problems.  The Board was split on whether the Ordinance clearly states that access must come from a lots own frontage.  Ms. Tuomala and Will Sullivan, counsel to Wilco Holdings, suggested that another statement should be added to the Zoning Ordinances saying that access must come from a lots own frontage.  The Board agreed that the lot line should be adjusted to keep access in the frontage.
A typo was found in the title of the access easement box.

Morris moved to approve the major subdivision of lot R5-7 by Wilco Holdings, LLC on Francestown Road, pending correction of the following deficiencies:

1) The lot line between R5-7-3 and R5-7-4 shall be adjusted to keep access easement within lot frontage of R5-7-3.
2) the typo in the title of Access Easement Detail must be corrected.
3) reference to note 13 in the Access Easement Detail must be corrected.  

Motion was seconded.  Halper, Morris, and O’Connell voted in favor of acceptance, Fletcher voted in opposition, and Adams and Chairman Carrara abstained from voting.

Halper moved to adjourn, all in favor.  Meeting adjourned at 9:36 pm.