Planning Board Meeting
November 10, 2008
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Marc Garrett, Malcolm MacGregor, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Howard Coppari
Recording Secretary: Eileen Hawthorne
Administrative Notes:
The Board approved the minutes of November 3, 2008 as presented.
The Board approved the final release from the Guarantee Account in the amount of $2,172.93 for B507 – Preserve at Halfway Pond II.
Paul McAlduff moved to approve the Administrative Notes as presented; the vote was unanimous (5-0).
Other Business:
Bourne Road Connector Site Visit
November 15 or 22
The Board agreed to meet at 9:00 a.m. on Saturday, November 15, 2008 for the Bourne Road Connector Site Visit.
Public Hearing - B432 & B488 Carters River Farm I & II
Modification of Subdivision
Map 59, Lots 11-32, 11-33, 11-34, & 11G
Marc Garrett read the public hearing notice and opened the public hearing.
Randy Parker, Land Management Systems, Inc., presented a plan to relocate a buildable lot on Little Herring Pond Road from the east side of the road to the west side and to create an additional buildable lot with the requisite frontage and width on the west side of the road. Single family dwellings would be constructed on the newly created buildable lots. Mr. Parker stated that he would have to confirm whether the property is in a priority or estimated habitat. They have worked out all the issues outlined by the Town’s Engineer. Mr. Parker stated that he would like to present the drainage plans during site plan review, prior to applying for a building permit. He noted that the Fire Chief had recommended sprinkler systems be installed in the dwellings, which if required by the Planning Board,
the builder would be willing to install. Marc Garrett explained that in remote areas the Board is requiring some type of fire protection where none
is available.
Howard Coppari reviewed the application to modify Carter’s River Farm I (B-432) and Carter’s River Farm II (B-488) and the staff report.
Lee Hartmann suggested adding erosion control language and a limitation that only allows construction of single-family dwellings as conditions of the vote and including the requirement of a covenant that would restrict further subdivision. Mr. Hartmann stated that relocating the lot away from Carter’s River would have less impact on the water resource area and the creation of one additional building lot would not have a significant impact. The public hearing was scheduled to receive input from the abutters who may have purchased homes with the understanding that there would be no further subdivision allowed.
Paul McAlduff was supportive of the installation of residential sprinklers, but understood that they may be cost prohibitive. He suggested the developer contact a company in Pembroke to determine the actual cost.
Malcolm MacGregor thought the residential sprinklers would be beneficial.
Mr. Garrett asked why an erosion control plan would be required.
Mr. Coppari replied that any erosion and run off that might occur during the clearing and building process of the two new dwellings should be mitigated.
Mr. Garrett asked the applicant to clarify the habitat issue with the Division of Fisheries and Wildlife and submit documentation regarding their findings to the Board.
Tim Hassett – Salley, expressed his concerns about the location of the proposed dwelling on lot 11-45. He asked that it be located as far from his southern, side lot line as possible in order to maintain his privacy.
Mr. Parker stated that the structure could be approximately 30 ft. off the side lot line and the Board could review the distance during site plan approval process.
Dennis White spoke in opposition to the project. He stated that an easement was granted to Mr. Karbott during the original subdivision process and the documentation allowed for only one dwelling to be constructed on lot 11-32.
Mr. Garrett suggested that Mr. White meet with the developer to see if an agreement could be reached before the Board makes any determination.
Paul McAlduff moved to continue the public hearing to November 24, 2008 at 7:15 p.m.; the vote was unanimous (5-0).
Public Hearing – B558, Tringale
Modification of B453 – Tower Hill Subdivision
Riesling Road, Map 66, Lot 1-105
Marc Garrett read the public hearing notice and opened the public hearing.
Steve Kotowski, Webby Engineering, presented a plan to modify the existing Tower Hill subdivision by dividing lot 1-105 into two lots, one with an existing single family dwelling and one with an existing barn, indoor riding ring, associated corrals, and a garage with an apartment above. (The initial modification was to divide the lot into three lots). The applicant would like to separate the lots for financial reasons.
Lee Hartmann stated that the original subdivision was approved with waivers of the subdivision standards and a condition that prohibited further subdivision. There is also a private restrictive covenant that outlines a number of restrictions on the property. Mr. Hartmann stated that if the Board approves the modification, a covenant would restrict the lot with the riding stables from any additional structures to be used for dwelling purposes.
Constantine Paganos was supportive of the project if the applicant was held to restrictions that were agreed to in a private conversation. If those restrictions did not become part of the vote to approve the modification, he would not support the proposal.
Kristen Foley, 1 Cabernet Lane, stated that she purchased her property with the understanding that there would be no further subdividing within the development. She was concerned that separating the residential dwelling from the stables would create a commercial lot within a residential subdivision that could be sold to an owner that has no ties to the neighborhood. She was also concerned with the safety of the children in the neighborhood due to the activity at the stables and the narrow roads and the possibility of other uses that are allowed on agricultural properties.
Marc Garrett asked if the stables are considered a commercial facility.
Mr. Hartmann explained that State law exempts such agricultural uses from zoning.
Kathy Nemes, 9 Fores’l Lane, stated that when the subdivision was created, there was a promise that there would be no further subdivision.
Andrew Sessler, 27 Cabernet Lane, also stated that all the owners agreed to waive the rights to further subdivide any properties within the subdivision.
Debbie Waithe, 96 Martingale Lane, stated that during the original creation of the subdivision it was agreed that there would be no further subdivision within the neighborhood. She was concerned with the speeding horse trailers and vehicles heading to the stables for lessons on the narrow roads.
Paul McAlduff asked whether the stables are licensed.
Mr. Tringale stated that the stables are licensed by the State and the Town of Plymouth for 25 horses. He also stated that the drainage is mitigated on site and that the request to subdivide would not increase density within the subdivision.
Malcolm MacGregor asked about potential living accommodations.
Mr. Tringale stated that there is one single family residence in the rear of the lot and in the carriage house there is an existing two bedroom apartment. In the future, the apartment could be permanently occupied by the owner of the riding facility.
Larry Rosenblum appreciated the beauty of the facility, but had some concerns with the long term use of the property and that over time it would be more detrimental to the neighborhood. He was concerned with the access through a residential neighborhood and that the property does not have adequate frontage on the road.
Bill Wennerberg agreed that the facility is spectacular, but he also expressed his concerns with the future of the property.
Mr. Garrett agreed with Mr. Rosenblum and Mr. Wennerberg.
Larry Rosenblum moved to deny the modification to the B453 Tower Hill subdivision because the existing plan states that there will be no further subdivision and the modification would be inconsistent with the intent of the original vote; the vote was unanimous (5-0).
Marc Garrett announced that there will be no Planning Board meetings on December 22, 2008 and December 29, 2008.
Malcolm MacGregor moved to adjourn at 8:48 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: November 17, 2008
Administrative Assistant
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