PLANNING BOARD MINUTES
February 17, 2010
Call to Order: 6:34 p.m.
ROLL CALL: Present were: Steven Ranlett, Chairman; Timothy E, Moore, Vice-Chairman; Peter Bealo; Lawrence Gil (arrived 6:50 p.m.); Robert Gray, Selectmen Ex-Officio and Charles Lanza, Alternate.
Also present was P. Michael Dorman, Building Inspector/Code Enforcement Officer.
C. Lanza was appointed as a voting member for this meeting, until the arrival of L. Gil.
Minutes of January 6; January 20 and February 3, 2010, Planning Board Meetings
P. Bealo moved, second by R. Gray, to approve the minutes of the January 6, 2010, meeting. There was no discussion on the motion. The vote was 5-0-0 U/A.
P. Bealo moved, second by T, Moore, to approve the minutes of the January 20, 2010, meeting. There was no discussion on the motion. The vote was 5-0-0 U/A.
P. Bealo moved, second by T, Moore, to approve the minutes of the February 3, 2010, meeting. There was no discussion on the motion. The vote was 5-0-0 U/A.
R. Gray asked to change his vote regarding the January 20, 2010 meeting to an abstention, noting that he was not at that meeting.
S. Ranlett stated that the vote for the approval of the January 20, 2010 minutes shall be recorded as 4-0-1 (Gray abstaining).
A public hearing on a site plan review application for an “as-built” plan of the property located at 116 Main Street, Tax Map 40, Lot 32, totaling 2.5 acres with 144.68 +/- feet of frontage. The “as-built” plan includes +/- 409 square feet of bituminous concrete pavement removal within a wetlands buffer and an earth berm and large rocks added. The owners of the property are Francis J., Jr. and Charlene Berube
Dan Johnson, Plaistow Consultants, was present for the application.
D. Johnson explained that they came in a few months back and there was a problem with the location of the pavement on the site. He offered they then went to the Zoning Board of Adjustment (ZBA) for direction on the site, as well as the Conservation Commission (ConCom). D. Johnson continued that based on the outcome of meeting with both boards there was 409 square feet of pavement to be removed and some gravel added with some large rocks to prevent vehicles from traveling on the gravel area.
T. Moore noted he didn’t have any questions as he had seen the plan as part of the ConCom review. He added that, while there were other areas of encroachment, D. Johnson was willing to work with them on the removal of the pavement in the 25-foot no disturb buffer. The ConCom did write a letter of support for the application when it was presented to the ZBA.
R. Gray asked D. Johnson how he defined “large rock” with reference to this plan. He said that he was asking the question so that it would be clear what M. Dorman should find when he went to inspect the property once the work is done.
D. Johnson said that he didn’t have the specific dimension of the rocks.
S. Ranlett asked if they would be large enough to prevent a car from driving around them and have to be moved with a backhoe. He suggested the word “rock” be changed to “boulder.”
R. Gray said that he would be comfortable with that change as the word “boulder” implies something that cannot be easily moved.
T. Moore offered there was a note that stated the large rocks would be placed as to prevent parking on the graveled areas, which to him implied the rocks would be of substantial size.
D. Johnson asked if final approval of the size and placement of the rocks would be left up to M. Dorman.
M. Dorman noted that his concern was that the area would still be used for snow storage and the plow operator might push the rocks back to gain more area for the snow.
S. Ranlett offered that a boulder would not be pushed with a plow.
M. Dorman replied he would enforce what ever the Board was comfortable with.
P. Bealo moved, second by C. Lanza, to approve the “as-built” plan for the property located at 116 Main Street as presented by D. Johnson. There was no discussion on the motion. The vote was 5-0-0 U/A.
Continuation of a Public Hearing on a final site plan application by Hillcrest Estates, LLC who proposes to combine Tax Map 58, Lots 4 and 6 and Tax Map 66, Lot 3 for the construction of a 35-unit Elderly Housing Project. Access to this project will be through an extension of Hillcrest Avenue in Plaistow. The total acreage is 23.11 acres and the owner of record is Hillcrest Estates, LLC
S. Ranlett noted for the record that this public hearing is continued to March 17, 2010, at the request of the applicant.
Continuation of a Public Hearing on a site plan application for the construction of a new 3,200 square foot building to be used as an auto body shop that will be merged with and existing 2,800 square foot multi-family residence that will be converted into accessory office and storage space for the auto body shop. The total square footage of the building 6,000 square feet and the property is located at 38 Westville Road, Tax Map 27, Lot 49. The total lot is 1.42 acres and has a total of 430.20 feet of frontage. The site and building are located in the CI District. The owner of record is John A. Blinn.
S. Ranlett noted for the record that this public hearing is continued to March 17, 2010, at the request of the applicant.
Continuation of a Public Hearing on a subdivision of Tax Map 30, Lot 55, which totals 118,963 square feet, to become two lots, one totaling 54,914 square feet, with 173 feet of frontage on Walton Road and the other totaling 64,049 square feet with 4.72 feet of frontage on Plaistow Road (Route 125). The property owner of record is PPW Realty Trust.
S. Ranlett noted for the record that this public hearing is continued to March 17, 2010, at the request of the applicant.
Continuation of a Public Hearing on a site plan review application for additional septic on a newly subdivided parcel located at 166 Plaistow Road (Route 125) totaling 64,049 square feet with 4.72 feet of frontage on Plaistow Road (Route 125) including an existing office building totaling 16,920 square feet. In addition the site plan includes additional parking to be located on another newly subdivided parcel totaling 54,914 square feet with 173 feet of frontage on Walton Road. The sites and buildings are located in the CI District. The owner of record is PPW Realty Trust.
S. Ranlett noted for the record that this public hearing is continued to March 17, 2010, at the request of the applicant.
Hearin
Other Business – Ron Brown
M. Dorman said that he and Leigh Komornick had been discussing whether or not the time had come to discuss with the Board’s counsel whether or not to post to revoke Mr. Brown’s plans (15-lot subdivision on Gunstock Road). He noted that under the RSAs and the Town’s regulations there was a question as to whether or not there had been enough “substantial development” to consider the project vested. M. Dorman added that they were getting questioned from the (abutting) neighborhoods as to whether or not this project was now past the time limits and therefore should be revoked.
It was noted that the date of the recording of the plan, which would be key in determining whether or not the plan needs to be revoked. It was also noted that there was discussion as to whether or not the time that the plan was in court needed to be backed out of the timeline for vesting.
T. Moore said that he thought that Mr. Brown’s project was on the list of projects that were going to be given a drop-dead date to complete the paving of the roadway. He said that he wasn’t sure that if all that was decided and then communicated to Mr. Brown. He said that Mr. Brown should at least pave the roadway and complete the drainage.
S. Ranlett questioned if the plan is going to be revoked, wouldn’t it be better if the pavement is not in place and the property could then become a field.
T. Moore replied that he meant to say that if Mr. Brown doesn’t at a minimum pave the roadway and complete all the drainage, then he has absolutely nothing vested and it would be proper to revoke the plan. He added that the site plan that would be revoked would be the amended one that showed the roadway change, 15-lot subdivision and the 16th lot that the existing house was on.
R. Gray asked if there was a bond with the Town.
M. Dorman noted that he was sure there was a current bond in place.
M. Dorman asked if there was a revocation letter sent to Mr. Brown.
S. Ranlett questioned if there was a 15-lot subdivision before the Board, how Mr. Brown could be before them with a 144-unit Elderly Housing plan.
T. Moore replied that the 15-lot plan, amended to a 16-lot, was previously approved and therefore was no longer before the Board. He added the only active application was the Elderly Housing project plan, which he noted was not even truly active as no final plan application had yet been made. T. Moore noted that plan was in a kind of limbo between a discussion with the Board and final application.
R. Gray offered that it could be agreed that there is an approved plan for a 16-lot subdivision and they should proceed accordingly based upon the approval and recording dates of this plan alone. If it is determined that dates have expired then appropriate letters should be sent to start the revocation process.
There was a discussion about what steps have been taken with this plan. It was noted that only grading and paving was left to be completed.
T. Moore said that there was a caveat that once a plan was filed for, no work could be done on that property until the plan was approved. He added that the Board did have the ability to waive that requirement and on more than once occasion had asked Mr. Brown to complete the roadway.
M. Dorman noted that was because the roadway for the Elderly Housing was the same as the roadway for the 16-lot subdivision.
M. Dorman offered that he would let L. Kormonick know of the discussion this evening and ask that she provide the Board with all the relevant dates regarding this project.
L. Gil arrived at 6:50 p.m.
There were no additional matters before the Board and the meeting was adjourned at 6:53 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
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Steven Ranlett, Chairman
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