Public Hearing Minutes 6/27/17
Continuation of Glenwood Place 6 Estate Lots Public Hearing
Present: Norman Anderson, chairman; Dick Williams; Marilyn Sidoti; Tim Nahrwold;
Jeff Bagg, Town Planner; Shawn Moore (remote participation)
Guests: Clealand Blair, Jr., Roman Ruzbasan, R. Philip LaRoche, Silvia Ruzbasan, Seth Knipe (Fire Chief)
Contination of Public Hearing - CB Blair Development Corp. application to create 6 estate lots on Glenwood Place
Hearing opened at 7:53pm
Shawn Moore participated remotely by telephone due to being out of state.
Norm opened the floor to the public for comments or questions to begin the meeting. Seth Knipe said that the concerns the fire department has about Glenwood Place are the road width, the slope of the road, edges and the turn around. Clea said the road is 20 feet wide which meets the criteria. Clea said the shoulders need to be fixed. They are not finished yet and will be leveled off. Clea said they cannot put in a circular turn around for fire trucks because of the grade of the land. He does have another plan for a turnaround that he took straight from Mass DOT specifications. Seth wanted to make it clear that he has a 40 foot long firetruck weighing 80 thousand pounds that needs to be able to turn around there. Clea said this would not be a problem. Norm asked Seth to get the copy from Craig Bacon
of the various Mass DOT approved turnarounds. Blair said he would make sure Craig gets in touch with Seth. Norm also requested a cross section profile to include the shoulders from Clea.
All 11 homeowners (the 6 estate lots and the 5 ANRS) will have the trust attached to their deed and be responsible for maintaining the private portion of Glenwood Place. Shawn asked about the upkeep of the public part of the road with the increased traffic. Existing resident, Silvia, questioned if there would be a document about the public part of the road’s upkeep. Norm and Gary are working on this agreement. Clea has agreed to deliver 600 cubic yards of ABC ground asphalt to build up the road. The tentative date this will be delivered by currently is 9/1/17. They want the road built up before winter. Silvia is concerned about what this will do to the end of her driveway and also wants to make sure her stone walls are not damaged during construction. While Blair is delivering
the asphalt, the board believes it will be Gary doing the work on the public way and that Silvia should share her concerns with the DPW.
Norm would like a letter from Seth Knipe for the file after he has had time to review the turnaround. Norm would also like it documented pictorially that Blair will provide Mr. LaRoche an access strip onto his land. Currently there is a gully running alongside the road for drainage preventing this access. Tim asked there to be multiple cross-sections if there are going to be variations in the crests. If the road is going to be uniform only one cross-section is necessary.
Silvia stated she went to the Ethics Committee to voice concerns about this project. She is also going to the Board of Health meeting to discuss concerns about the perc tests performed on Glenwood.
The board reviewed the Glenwood Place Extension Trust document. Numerous typographical errors were pointed out to be corrected. The board put together a list of questions for legal counsel to answer. One question was what happens if lots are further subdivided in the future. The board questioned what “finn and frans” means. Jeff mentioned that we need to make sure the date listed in Section 3.7 matches the date of the plan approved by the fire department. Tim stated there needs to be a street sign where the public road becomes a private road. There was a question on 4.1 as to what happens if after 3 years only 1 or 2 lots have sold. Will they be responsible for maintaining the street? Tim wants clarification of section 4.4 and 4.5. Jeff wants to know what the liability of the
town is and is it acceptable. The board wants to know what power the people in the trust have to make sure others follow it. Section 6.1 xviii – what is the power of the trust? Can they put a lien on the property? In Section 6.2 – should managing agent be defined? In Section 6.3.2 it says “the Trustees shall take whatever lawful action they deem necessary to collect such assessment”. Norm question what actions they could take. Jeff offered to fix the typographical errors in the document before sending to KP Law. Question on Section 6.7 – how does this affect the abutter getting onto his property from the private way? Question on 6.12 – is this sufficient? Question on Section 7.1 how does this relate to 6.3.2? Does 9.2 need clarification? Tim questioned what article 10 was all about.
Tim mentioned that he will have to call in to the July 11th meeting.
Tim moved to recess the Public Hearing to July 11, 2017 at 7:30pm. Marilyn 2nd. Tim-aye. Norm-aye. Dick-aye. Shawn-aye. Marilyn – aye.
Public hearing recessed at 9:34pm.
Respectfully submitted,
Laurie Becker, Secretary
Approved on 7/11/17
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