Monterey Planning Board
May 10, 2007
Minutes of the Meeting
Members Present: Alan Salamon, Brian Puntin, Cindy Hoogs, Janet Cathcart, Laurily Epstein, Maggie Leonard
Public Present: Ron and Joanne Simms, Bethany Simms, David Zieggler
Meeting called to order at 7:02 pm.
II. Business from the public
III. Simms Form A Application
a) Read Form A section of Subdivision Control Regs
b) Review recommendations from Highway Superintendent
c) Read ANR Handbook
D) Review time line
E) site visit #2 - access to buildable lots
Leonard read what a Form A was. She detailed that the road has to be one of three things: a public way, a way shown on a plan that was previously endorsed as a subdivision road, a way in existence when sub div control law came into law and that it is adequate grade and such. Subdivision goes on how to determine adequacy. Based on the site visit the Planning Board members feel the road needs to be upgraded.
Joanne explained that ten years ago they had done that. She furthered that she no longer could trust the town. Her worry was that she and Ron would make changes to the road and they would still be told that it wasn't good enough to subdivide their land.
Ron Simms asked what upgrades were being asked for. Leonard explained that subdivision control offered some standards and that Maynard also offered some suggestions.
Alan Salamon wondered about the history of the road. Leonard explained how in the court cases they talked about it being a private way. She added that PB knows it's not a public way and that PB knows it's not a subdivision. Cathcart explained her discomfort at calling it a private way and said that she needed town counsel to translate the court case for her.
More talk over the court case and whether the road was a private way ensued. At this point Joanne made the point that this had already been determined in court. She felt the PB was pulling this out when it had already been decided by the law.
Leonard suggested that perhaps from the deed the Simms could get the commonwealth to upgrade the road for them. This moved Joanne to state that she felt she was being put into a legal bind - she asked what would happen if she dug up a state road. Cathcart answered that what the PB was trying to do was to take into account the court case to figure out what is going on.
Joanne got up and left the room at this point.
Leonard explained that basically the road is not sufficient for a form A. She also apologized that Joanne was so bothered by the conversation.
Hoogs explained that she had to abstain since she is not familiar with the road.
Cathcart explained that her issue was not with the Simms sub-dividing the land. Her issue was that there is a major court case that has to be figured out. Her second issue is that she thinks the road has to be improved. She went on that if it is improved and found to be a private way then it will be approved.
Ron asked Zieggler about the base. Zieggler described the road. It's got a solid base. It just needs a new top base and some culverts. Cathcart offered that if it was graded some width would be attained right away. Zieggler explained that it is 16' wide and that they weren't allowed to touch any trees or bushes. He explained that they had been mowing it up to the last year to prevent growth from moving in.
Joanne Simms returned to the meeting.
Leonard made a motion to disapprove the Form A. Cathcart seconded it. Leonard explained that the PB purview is, is it a subdivision or not? She then returned the plan to the Simms. Five votes to disapprove and one abstention.
Puntin clarified that the disapproval was based on the condition of the road, that it needs a bit of improvement. Salamon added that it seemed the PB was not satisfied that it was a private way. Leonard voiced that she was satisfied. Cathcart again voiced that she was not comfortable with it. Puntin added that it falls into being type three. Leonard added that it in fact does, and that she had been told that it did.
Leonard said that the PB needs to write a letter explaining the disapproval. Joanne asked that one be sent to Anthony. She also asked for a copy of the minutes from last meeting and this meeting.
Leonard added that she wanted to find out more about the 12' to 18' width situation. Zieggler offered that since this was an older road it needed to be 12' wide with some areas 18' wide to allow for passing.
More talk about the need to have town counsel look over the court case before all members of the PB are comfortable issuing a statement on what the road actually is.
The Simms left.
V. Elect chair or co-chairs
Cathcart moved that Hoogs and Puntin become co-chairs. Leonard seconded the idea. Puntin amended the motion that Hoogs be the chair and that if she recuses herself he would then become the chair. Leonard stated that basically Hoogs would be chair and Puntin would be co-chair. Voted and approved.
Puntin left at 8:04pm.
VI. Review bylaw change for Section VII.C. Non-municipal Educational or Religious Use
a) Feedback from Jon Sylbert re: Wilson-McLaughlin House
Leonard introduced this by saying that she and Sylbert spoke. Sylbert brought up how he had been against the proposed amendment to educational use. He explained that his disagreement with it was because it was a spot zoning change. He felt that something productive should be done with the bylaw so that it can help all locations in town instead of just a few select locations.
Hoogs pointed out that the Wilson-McLaughlin house is municipal and therefore the bylaw wouldn't have an effect on it. Cathcart added Sylbert had hoped in the bylaw that it would be a special permit instead of a variance. Cathcart added that Sylbert also felt that it applied to Wilson-McLaughlin. Leonard added that it doesn't since they don't own both sides of the road.
Epstein explained that was why she didn't understand what this conversation was about. Leonard re-iterated that Sylbert was hoping that the amendment could be fixed up so as to apply to more places. Hoogs felt that this bylaw amendment doesn't apply at all to Wilson-McLaughlin.
Cathcart continued on with the conversation she had had with Sylbert. She mentioned that they had talked about the Simms and Sylbert had said that the PB could have money in their budget for paying for their own town counsel.
Numerous members sounded that this was a good idea. Some talk about when they could get it into their budget.
Leonard backtracked to previous points saying that municipal uses are by special permit anyways.
IV. Read minutes from April 26 meeting; amend/approve
Minutes read, amended and approved.
VII. Create timeline for revisions to CD bylaw.
a. TC recommends limiting number of driveways
b. Language regarding status of existing common driveways
Hoogs suggested that Rob be invited to participate in the next meeting. She explained that he volunteered to come and spend some time.
Salamon asked what happened in the town meeting with the CD.
Leonard explained that it was passed over. Hoogs added that some of the language needed to be cleaned up and that the next meeting could be a working meeting.
Leonard stated that ten lots is too many. She referenced West Stockbridge which allows for four. The purpose of the CD bylaws is to restrict, to kick to subdivision control if lot amounts are more.
Talk returned to the Simms case. Salamon asked if a reason is always necessary when something is denied. Leonard answered affirmatively and added that in Simms case the road doesn't meet the standards that are expressed in the ANR.
Salamon continued saying that if the PB gives Simms a reason for being turned down and they fix it then the PB shouldn't come back and turn them down for another reason.
Cathcart said that town counsel should be spoken too before the letter is sent. Salamon added that Town Counsel was asserting his own view that the road doesn't fit subdivision regulations and that it isn't adequate. Hoogs agreed saying that he needs to simply tell us if it is a public way, private way, or neither. Leonard stated that she would contact him the following day. Epstein clarified that the letter needs to be postmarked in seven days.
VIII. Wireless Telecommunications bylaw
a) Look at existing / create a game plan
IX. Open mail
Meeting adjourned at 9:02pm
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