PLANNING BOARD MINUTES
September 15, 2010
Call to Order: 6:35 P.M.
ROLL CALL: Present – Chairman; Timothy E. Moore, Vice Chairman; Peter Bealo, Charles Lanza, Steve Ranlett, Selectman Ex- Officio; Robert Gray.
Also present- Town Planner; Leigh Komornick, and Chief Building Official; Michael Dorman.
Item One:
Minutes for August 18, 2010
Motion made by S. Ranlett to accept minutes of 8/18/10, as written, second by C. Lanza. No discussion on the motion. The vote was 4-0-1. P. Bealo abstained.
Item Two:
A Public Hearing on a Lot Line Adjustment between 16 Nicholas Road – Tax Map 43, Lot 31 (Original Area = 3.09 +\- AC; New area 3.72 +\- AC) and14 Nicholas Road – Tax Map 43, Lot 30 (Original Area = 2.19 +\- AC; New Area = 1.56 +\- AC) for properties located in the MDR District. The owner of record is Terri Russell.
Tim Peloquin, Promised Land Survey, LLC and Terri Russell were present for the application.
T. Peloquin handed out a Topographic Plan and a Lot line Adjustment Plan, which is recordable to the Registry of Deeds, to the Board. He noted that both sheets showed the wet lands and Noyes Mill Brook which he believes the Town calls Little River. T. Peloquin explained that the land had a lot line adjustment in 1987; it is 2 lots of record, one lot being vacant. The lot adjustment was on Lot 30 which in 1987 was 0.68 acres and was expanded in the back to be a 2+ acre parcel. Mr. Peloquin stated that by making the lot 1.5 acres they would still be within the minimum acreage and are not changing any frontage, but adding more usable area to the existing lot that T. Russell might use to construct a house at some point. He noted that T. Russell does have a right of way on the back of the land, through a sub
division that the Board approved back in 1995, that allows access to the back of land due to the complexity of the Little River and its flood plain. He added that T. Russell does not intend to use the right of way at any point, especially if this is granted as she will have reasonable access to her back land.
R. Ranlett asked if there is enough frontage in this lot for the driveway.
T. Peloquin answered yes. He added that sheet 2 (the Lot Line Adjustment Plan) shows the frontage of the lot.
R. Ranlett asked what is the frontage for the second lot.
T. Peloquin responded 215.29 along that radius.
C. Lanza asked what the plans for the barn are.
T. Peloquin answered that the barn will remain where it is, that the Lot Line Adjustment will make it conforming as it is not currently conforming.
R. Gray asked if T. Russell would be asking for a variance for the setback for the corral on the barn to the new proposed lot line, as it is now 17 feet from the closest distance and regulations state a corral should be 50 feet from the lot line.
T. Russell stated that it is not a corral but a cement pad.
T. Peloquin explained that there was a previous shed in 1987.
R. Gray asked if she has a working barn with animals in it.
T. Russell responded no.
T. Moore noted that the other question is a matter of lot sizing. In the Zoning Regulations it states that 40,000 square feet is the minimum based on the assumption that there is 40,000 square feet of usable lot plans. This is based on a table in the Subdivision Regulations and because there are a lot of wetlands on this lot, they want to make sure that the make-up of this soil, over 68,000 square feet, is adequate.
T. Peloquin explained that since he and T. Moore spoke of this last week, they have not had time to prepare High Intensity Soils. He asked if that is what is required in Lot Line adjustments that come before the Board.
T. Moore answered that the Board is prevented from creating an illegal lot. He offered that another option, instead of High Intensity Soils, would be to take the Hydric Soils, which are mapped on the plans, subtract them from total lot and see if there is 40,000 square feet left. This option would be a decision for the Board to make.
T. Peloquin clarified that they are adding an acre of good land to the lot that has more of the wet lands and Little River running through it. He noted that the improvements of the existing lot are unchanged, that they are not changing the use and what exists on the lot such as the well and septic. He also mentioned that he can provide calculations for the Board at a later date.
R. Gray added that when the plan is finalized the wording on the barn should be changed to reflect that it is not a barn but a shed, storage or whatever it is, so when the plan if filed it will meet the Subdivision Regulations.
T. Moore stated that the Board has some options:
- Ask T. Peloquin to come back to Board with calculations
- Do a conditional approval based on adequate calculation results
- Or approve
P. Bealo asked if there was anything time wise that prevents T. Peloquin and T. Russell from coming back with the calculations.
T. Peloquin answered no. They can come back with easy calculations for the area of wetlands vs. the area of uplands, and how much dry land there is within each lot.
T. Moore stated that it was good for him and asked the Board if they were ok with it as well.
The Board responded yes. It is decided that T. Russell and T. Peloquin will come back with calculations, correct wording for the shed on the plans, and record the results of calculations on the plan.
R. Gray added that Michael Dorman, the Building Inspector, asked him if it is a proposed cul-de-sac.
T. Peloquin responded it is an existing platted right of way.
M. Dorman says it is on paper, but it is not there (on the lot). He noted that the Board might want to consider that.
R. Gray mentioned that he’d rather record on the plans what is existing out there, unless they are proposing to change it.
T. Peloquin answered no. He added that the Town has rights of that and if they wanted to expand, it would become a Town Council vote to adjust the lot line. The plans do show pavement lines that exist, but they do not encompass all of that cul-de-sac.
R. Gray added that the stone wall on the plan is the existing cul-de-sac out there, but points out a broader line on the plan that looks like they are proposing to expand the cul-de-sac.
T. Russell responded that it is existing. She added that it is not her property, but the Town’s property.
R. Gray noted that he will bring it up at the Board of Selectman’s meeting and let them know if they decide to make a change.
Tim Moore announced that this public hearing will be continued until the October 6, 2010 Planning Board meeting.
Item Three:
Timeline/Ideas for Upcoming Zoning/Regulation Amendment Season
T. Moore noted that this is an FYI for Board members to write down zoning or other regulations that should be looked at or updated.
Item Four:
Tiger II Letter of Support
T. Moore apologized to Board that a motion was not made to approve the Tiger II Grant Letter, as the August meeting minutes reflect, that was signed. He wants to correct this oversight tonight.
R. Gray stated that the cleanest way to do this is to vote to rescind the letter, and then vote to send another letter in.
P. Bealo noted that he believes they cannot authorize it after the fact.
S. Ranlett motions to rescind the Tiger II support Letter, second by P. Bealo. No discussion on the motion. The vote was 5/0/0 U/A.
R. Ranlett motioned to send another Tiger II Support Letter, second by C. Lanza. There was no discussion on the motion. The vote was 4/1/0, P. Bealo opposed.
Item Five:
Other Business –
T. Moore mentioned a letter from Attorney Donais to Leigh Komornick regarding Ronald Brown Investments, LLC; Status of 16-Lot Subdivision Application. He noted that no discussion was need on this matter tonight.
There is no other business before the Planning Board. Motion to adjourn made by S. Ranlett, second by P. Bealo. The vote was 5/0/0 U/A. The meeting was adjourned at 7:00 P.M.
Respectfully submitted as recorded by Laurie Pagnottaro.
Approved by the Planning Board on ______________________________________
_______________________________________
Timothy E. Moore, Chairman
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