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Planning Board meeting minutes 11/22/11
Members Present: Bridget Krans, Maggie Leonard, Larry Klein, Alan Solomon, Stephen Enoch and Barry Karson
Public Present: Mike Parsons of Kelly Granger and Parsons
Meeting to order: 7:13
- Form A for Pearl Realty Trust: Mike Parsons was present to discuss the Form A that he submitted at the previous meeting on behalf of Pearl Realty Trust aka Sean Tucker. The board made a sight visit last Saturday. The property is off of route 57. The surrounding roads are all private ways. Nancy Marcus currently has a home on property that she bought from Sean Tucker. She would like to purchase another adjoining lot. The board needs to attest to the adequacy of the road. This includes Maple Street as well as West Street that leads to Maple Street. Members of the board are concerned that the road is nowhere near adequate. Mr. Parsons stated that Mr. Tucker’s intention was not to sell Ms. Marcus a building lot but for her to have protection from having someone build in her back yard. Stephen wondered if
we could put conditions on our endorsement. Mr. Parsons suggested that putting on the plan that Maple and West Street would have to be approved prior to getting building permits for lots one and lots two. The planning board would have to sign off on improvement of the road prior to getting a building permit. Maggie felt that satisfied a lot of concerns that the board was having. Larry stated that the thought crossed his mind that “what if” Nancy Marcus decided that she wanted to put the gravel pit back into use. He felt that would be a concern. Mr. Parsons felt that the decision should not be made based on what Nancy Marcus might do on the property in the future. Maggie stated that her main concern was that emergency vehicles would be able to access the houses need be. Alan suggested that Mr. Parsons ask his client if the proposed condition would be OK with him. If not we will not approve the plan. Stephen suggested we get the opinion of our legal counsel to make sure
that condition would hold up. Mr. Parsons felt that there was one particular area that would benefit from widening and maybe that would satisfy the planning board. Alan stated that it was not only narrowness that bothered him but the condition of the entire road was deplorable. He did not feel like widening would be sufficient. He felt that the road needed to be upgraded as a whole. Alan’s opinion was that he would not approve plans from other residents on this road because he felt that the road was in such tough shape. The board and Mr. Parsons decided to extend the decision and Mr. Parsons will figure out some language and we will be in touch with town counsel. Mr. Parsons agreed to extend the deadline to 21 days from now. He will be present at our next meeting on December 8th, 2011 at 7:00 PM.
- Previous meeting minutes: November 10th meeting minutes approved as corrected
- Kirson Special Permit: Maggie spoke with the builder of the proposed project and he was unclear of the history of the project. Stephen wondered what our “sticking point” was. Maggie said we needed to decide if it would be more non-conforming or if it is already non-conforming so it cannot get more non-conforming. Alan thought that the lots were formed prior to sub division control laws. If this is the case then the board just needs to decide if we think that the non-conforming nature is increased with this project. The board had varying opinions and as a result decided to move the question and write a finding. Alan made the motion that we submit an opinion to the ZBA that we approve the permit based on the opinion that it does not increase non-conforming nature and it does not adversely
affect the neighborhood. Barry seconded the motion. Maggie, Stephen and Bridget agreed. Larry abstained.
- Cell Tower Compound Change: Larry felt that the cell tower compound size change needed to be dealt with. If we did not change it Larry felt that the companies applying for a cell tower permit would need to apply for a variance. Larry felt that we needed to look at the standards that the cell tower companies are doing for numerous other towers. Also Larry felt that it is on private land and we should not be as concerned about it. Currently the size is set at 25 feet. The board decided to wait until the next meeting to dive into it.
- No mail to open
- Reports from board members: Alan wanted to address the issue of non-conforming lot size and if there is no encroachment on the set back the building inspector can grant a building permit. If there is an encroachment then it cannot. Alan wondered if the PB wanted to propose in the new zoning bylaw that the building inspector has the right to grant a permit even if it encroaches on the setback. According to Alan the ZBA likes the way it is currently. Does the board want to change the way it is? Mr. Bubrowski favors the change. Maggie felt that it was tricky with the entire revision of the bylaw riding on it. Maybe we should piece it out. Mr. Bubrowski feels that it is backwards and possibly depriving people of their property rights. Maggie felt that we should discuss it more. Maybe if there was a way to
separate it from the bylaw revision. Alan felt that if you had no encroachment you could build but if you encroached 8 inches you could not. He felt that this did not make any sense.
- Meeting adjourned: 9:00PM
Submitted by,
Bridget Krans
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