Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Mac Landy, Carlotta Pini, John Tommila and Carmen Yon, Selectmen’s representative.
Others present: Paul Grasewicz, alternate, abutters and attorneys, and Nancy Carney, Deputy Fire Chief. John Tommila, new Board member, was seated following his preliminary consultation appointment with the Board.
Call to Order: The meeting was called to order at 7:05 p.m.
Preliminary consultation. John Tommila to discuss leasing a building located at 218 Route 12N, for manufacturing wood molding, Map 15, Lot 26, Light Industrial District.
Mr. Tommila reiterated the challenges he faces working with another company to begin manufacturing wood moldings. The company wants to build a 20,000 square foot building on the Tommila property but they feel nonconforming use issues are problematic. They want to get into production quickly so Mr. Tommila proposes leasing the Mayer Molding building at 218 Route 12N. There are 10,000 square feet available and the building was used previously to manufacture plastic moldings. He asked for Planning Board input.
Haynes referred to the zoning ordinance, noting that light manufacturing is an allowed use in the light industrial district. Silverman said the use is allowed as long as it is in compliance with OSHA and Fire Department regulations.
Landy noted that there were no neighboring businesses or structures, so noise shouldn’t be a problem. Mr. Tommila said the process should not be heard outside the building. There will be no storage of materials or finished product outside the building. Four or five employees will operate the equipment.
Election of Officers: Pini moved, Gray seconded and the Board voted to re-elect Terry Silverman as Chairman. Landy moved, Gray seconded and the Board voted to re-elect Robin Haynes as Secretary. The Vice Chairman will be elected at the next meeting.
Minutes: The Board reviewed the minutes of the March 4, 2008 meeting. Haynes moved, Landy seconded and the Board approved the minutes as written.
Resident letter. The Board considered a letter from Faith Trueax requesting consideration of sidewalks in the village. There is a long history of advocacy for sidewalks but warrant articles to that effect are voted down. Pini suggested that there is a state project for studies to get kids walking or riding bikes to school and we may want to discuss it with SWRPC.
Patel convenience store compliance report. The Selectmen sent a letter to Mr. Patel regarding noncompliance with town zoning and site plan conditions. Mr. Yon met with Mr. Patel and reports that the neon sign is gone, all lights will be turned off and on at the appropriate times, lighting for the free standing sign will be from the top down only, all illegal signs and banners are gone, one of two “open” banners will be removed, the lower driveway will be closed off with
a chain, the fence will be constructed per the site plan, and a parking lot lighting plan was submitted for the Planning Board’s review. Yon asked if the Planning Board found these items acceptable. The Selectmen will write a letter indicating they are satisfied that the zoning issues have been addressed. They will issue a contingency occupancy permit pending completion of the site plan work. The Planning Board will write a letter regarding the site plan issues.
Yon clarified that he met with Mr. Ramen Patel.
The Board reviewed the lighting plan and found it acceptable since it is a boxed lighting system that will shine down rather than into the night sky, protecting the neighbors from night light and providing for a measure of parking lot safety for the store owner. Silverman added that the fence will shield abutters from traffic entering the site.
The Board discussed adding a due date for completion of site plan work and agreed that it must be completed by July 1, 2008, allowing time for the ground to thaw and dry out enough for the outdoor work to proceed on the fence and the parking lot lighting.
Driveway regulations. Gene Cuomo, Road Agent, was present to discuss the proposed regulations. Mr. Cuomo asked the Board if they wanted to regulate the width of driveways, saying that right now there is no set limit. Silverman said that the Board had proposed a more stringent set of regulations but Mr. Parker had recommended staying with the current set because Road Agent interprets and enforces them well.
Mr. Cuomo said he’d inherited the current regulations, but wondered if the Board may want to add regulations addressing aesthetics. He said that usually the first driveway has a permit but then people add other driveways with no permission or input from the town. Water drainage from driveways into the road is a big concern and the current regulations call for the entrance to be paved with a negative slope entering the property. Cuomo noted that state law prohibits individuals from discharging water or snow or other material onto a state or town road.
Silverman asked the Board if they want to regulate the number or maximum width driveways. It may be that some of the ‘extra’ driveways are access points for woodlots and not used as extensively as driveways. Nancy Carney recommended a minimum width for public safety, so that fire and rescue vehicles could turn onto the property. Cuomo and Carney agreed that a 30 foot wide driveway entrance that extended for 14 feet before beginning to taper was acceptable. This will be added to the regulations.
A public hearing on the proposed driveway regulations is scheduled for the next Planning Board meeting on April 1, 2008 at 7 PM.
Public hearing continued: Steve Filipi application for a nine lot subdivision of property located on Upper Troy Road, Map 15, Lot 6, Residential, Rural and Historic Districts.
Mr. Sheldon, attorney for Mr. Filipi, and Mr. Little, attorney for the abutters, were present.
Silverman began the hearing by reading two letters requesting waivers for road length and width. A letter from Grasewicz Engineering, dated December 18, 07 and a letter from Attorney Sheldon, submitted March 18, 2008 defended the need for waivers based on the need to protect the aquifer as requested by the town. These letters are part of the minutes.
Ms. Partello, a neighbor, asked if the water resource is protected for current users of the aquifer. She wondered if drilling into the aquifer for subdivision homes would have an impact on water flow in her well. Silverman said that protecting the aquifer does not take the source of the water into account; it protects it from surface infiltration. He added that based on the hydrologist’s reports it doesn’t look like there will be any shortage of water from this aquifer. Ms. Partello said that she had personal experience with this situation in another location and wants assurance that it won’t happen here. Filipi said that there are no state regulations that require monitoring of wells belonging to individuals, but that if/when the town drills a well for municipal use the
state will require a pump test and monitoring to determine impact on neighboring wells.
Silverman made a motion to grant waivers for road length, 221—25E, and width, 221-26 B(4). Pini seconded, clarifying that the waivers were for the subdivision road not a subdivision driveway. She added that the parcel is unique in that an aquifer protection zone was identified by Mr. Covel, hydrologist, and the town asked Mr. Filipi to change his subdivision design to protect the aquifer, which necessitated both the cluster design and the longer road. The narrower road width at the entrance was re-designed to meet abutters’ objections. The hardship in this case is due to the geography of the land.
Five seated members of the Board voted affirmatively on the motion to grant the waivers for road length and width, with no negative votes or abstentions. Mr. Yon did not vote; he was sitting in for Tom Parker as Selectmen’s representative but is not the official ex officio member. Mr. Tommila, as a newly elected member of the Planning Board with no prior Board experience on this case, was asked by the Chairman not to vote on the waivers or to vote on any motions in the Filipi case.
Silverman read a letter from Mr. Filipi dated December 17, 2008 requesting a special permit for a cluster subdivision under 127-16 D. of the Land Use Code. The letter from Mr. Filipi requesting a special permit for a cluster subdivision and Mr. Sheldon’s letter referenced above, defended the need for a special permit for a cluster subdivision based on the need to protect the aquifer. Silverman made a motion to accept the request. Pini seconded the motion. This letter is part of the minutes.
Pini said the Board considered the general objectives of a cluster development, including encouraging the preservation of common land and protecting potential municipal water supplies,
which the Board has done. The Board consulted with the Fire Department and the Water District and their recommendations have been taken into account. The Board has taken measures to protect the quality of the water resource and to insure that the development is not detrimental to the health, safety and welfare of the inhabitants of the neighborhood and the town. Gray concurred, saying that the Board has reviewed the plans in detail to insure they meet the requirements.
Ann LaFond, abutter, said the Board knows how she feels about lot 7. She remains concerned that clearing that lot for a house site will change water filtration and impact the amount of groundwater. She asked why not leave it and let mother nature continue to take care of the water. She’s counted the number of houses on Upper Troy Road and said a 9-lot subdivision would be a 19% increase in number of houses and in traffic on the road, adding that is a significant amount of traffic. She asked why wait for someone to be killed on that road. Ms. Partello added that walking on the road is hazardous to one’s health.
Curt Felix, neighbor, read a letter objecting to the subdivision on several grounds, including groundwater. He is experienced in underground fractures in the oil exploration industry and said that there is no way to tell where underground water will go. The growth management ordinance passed by the town in 2005 was, he said, an endorsement of a policy to exercise care regarding residential growth, adding that the town has spoken on maintaining the character of the town. He said that while Mr. Filipi is doing a good job, the Board has a moral obligation to insure there is no flooding impact on the town and that flood risk alone should compel the Board to reject the proposed subdivision.
Pini responded that the Growth Management Ordinance was drafted by the Planning Board for the purpose of promoting growth at a controlled rate. Building permits issued to Mr. Filipi will be regulated by the GMO, in effect, phasing in development. She added that the GMO is about the number of building permits issued in a year, not about broad statements. Pin said the Board has examined the water issues thoroughly, including requiring several hydrology and stormwater management engineering reports, and has shared its concerns with the Department of Environmental Services as they prepare for their extensive review of the project for the alteration of terrain permit. She feels the Board has done due diligence in this case.
Silverman added that the GMO is to insure the town infrastructure is not overwhelmed by too rapid growth. He read from a report from Chris Covel, hydrologist, saying groundwater has been and will continue to be an issue in the neighborhood since the fractures will continue to discharge water to the surface. Silverman said the Board has tried to insure that the development will not add anything to the problem, and in fact, may reduce stormwater runoff. He added the Board is bound by allowing the property owner access to and use of his land.
Mr. Felix said that there is already a problem here and he fears development may make it worse. A court could hold the town responsible if the problem gets worse. He said that regardless of s
stormwater engineering the fact of increased impervious surfaces will mean more runoff. He said that the stormwater management systems are putting runoff back into the ground.
Mr. Grasewicz, engineer, said that the hydro analysis done to address stormwater runoff indicated that pre and post development runoffs were the same or less post development. Stormwater management was designed to promote infiltration of stormwater runoff, to reduce the volume to pre development levels. Ms. Partello said that assumes there will be no change to flooding. Grasewicz said that the design covers the whole gamut of storm situations and results show mitigation post development. Gray asked if mitigation measures cover all storm scenarios for all impacts – that post development analysis accounts for lawns, houses, woods, pavement and severity of storms. Grasewicz confirmed that multiple outlets on basins were designed to handle the whole range of storms and attenuate runoff to pre
development amounts. Ms. Partello asked if it takes into account what people do with their property. Grasewicz said yes; they have assumed worst case scenarios, that people cut trees, have lawns and pavement. He added that the house sites will be small on the parcels since so much of each lot is in the aquifer protection area and therefore not buildable. Ms. Partello asked what if everyone cuts down all their trees and Grasewicz said they have analyzed for the sites to be all lawn. Areas in the APA are regulated under the covenants. The covenants call for a forester to advise the homeowners association if cutting is thought necessary to maintain a healthy forest.
Ms. Partello asked who enforced the covenants. Landy and Yon said the homeowners association enforces the covenants and the town has enforcement authority too.
Silverman noted, in regard to Mr. Felix concern that recent Board elections may have added pressure to approve the subdivision quickly, that the application was first submitted in fall of 2006 and the Board has been considering it and the issues involved since that time. There is no need to rush to judgment. The Board has allowed abutters time to voice concerns and given Mr. Filipi the time he needed to address concerns and make necessary changes to the plan. He said the Board was not rushing or dragging its feet. There are many complex issues to consider and the Board wanted to insure that all issues were raised and addressed.
Silverman added that all a lay Board can do is listen to the advice of its experts and make an informed decision. The Board doesn’t know what may come to pass in the future.
Mr. Felix asked if the Board had considered pervious surfaces. Silverman said the Board was told that gravel roads shed water the same as paved roads and are much harder to maintain. Pervious surfaces are still in the experimental stage and may not be appropriate for this site.
Gray expressed her concern for lot 7 and the impact impervious surface will have in that area.
Tommila expressed his opinion that the Board had bent over backwards to address these concerns and protect everyone and he recommended calling the question. Pini noted there was a motion on the floor. Yon said that not everyone at the table is qualified to vote on this
subdivision. Silverman noted that Tommila was not on the Board during consideration of this case and therefore is not eligible to vote on this case, but said his input was welcome.
Silverman repeated the motion to accept the cluster development request and the Board passed it unanimously. There were no abstentions or nay votes from eligible members. Mr. Yon and Mr. Tommila did not vote.
Mr. Sheldon said he has been in discussion with Mr. Little about a proposed tree buffer and they have come to an agreement. Twenty-six conifer trees will be planted, 10 feet apart, along the top of the drainage swale slope on the right side of the subdivision road to screen the Roehl property from the new road. No trees will be removed to plant this buffer.
Mr. Sheldon said he and Mr. Hoppock, town attorney for this case, have been in discussion to finalize the covenants. They are coming to agreement on several issues raised by the Board. Silverman said he wanted to insure there is no recreational hunting on the property. Mr. Sheldon agreed hunting was prohibited. He said the covenants state that if the services of a professional trapper are needed, for instance, to remove beaver, the town must give permission for any activity of that sort on the property.
Mr. Sheldon asked if his client could reserve the possibility of keeping horses on the largest lot, which is a 15.8 acre parcel in the rural district. No horses will be allowed on any other lot. Gray said her concern would be for manure contamination of water.
Silverman asked if the restriction on commercial sale of water was in the covenants and it is according to Mr. Sheldon. The Board has not seen the more recent draft of the covenants and will review them again before acceptance.
Silverman made a motion for conditional approval of the Filipi cluster subdivision and Pini seconded it. Subdivision approval is conditioned on receipt of the following items:
1. Bonding agreement for road construction
2. Covenants for homeowners association, including disposition and use of common/conservation land, disposition of water resource
3. All necessary state approvals
4. Statement that yield plan cannot be substituted or used as subdivision plan.
5. Agreement that twenty-six conifer trees will be planted, 10 feet apart, running for 250 feet along the top of the drainage swale slope on the right side of the subdivision road to screen the Roehl property from the road.
Tommila asked again if he could vote. Silverman said no.
Silverman asked for discussion. Gray reiterated her concerns about lot 7. Ann La Fond reiterated her concerns, saying the Board should get rid of the potential problem posed but lot 7,
adding the Board should have a plan in case something happens, like flooding. Silverman said he didn’t like that lot either but can’t find any data to support denying it, adding it is up to the developer to take the lot off the plan if he chooses to do so.
Pini said that the Board has an application for a nine-lot cluster subdivision before it and it has to act on that application. Haynes said the hydrology studies and stormwater management engineering plans, and Sandford Engineering’s review of all the plans and studies, have convinced her that the water issues have been adequately addressed. Landy suggested that some of the groundwater issues mentioned must be handled by home owners and the town. Ms. Partello asked if the project will exacerbate the problem and Grasewicz said the amount of water going into the ground post development is close to pre development levels. He added that in the next 3 or 4 months, DES will require that all runoff goes back into the ground.
Silverman asked if there was anything else. Hearing no further discussion the Board proceeded to vote on the motion to conditionally approve the nine lot cluster subdivision. Haynes-aye, Landy-aye, Silverman-aye, Pini-aye, Gray-nay. There were no abstentions. Tommila and Yon did not vote. The motion passes four to one.
Silverman moved, Haynes seconded and the Board voted to continue the public hearing to April 1, 2008 to work on the covenants. A note will be made on the plans regarding the tree barrier. Grasewicz confirmed that the drainage plans are the same as presented.
Silverman moved, Haynes seconded and the Board voted to go into closed session for the purpose of discussing a legal matter at 9:30 PM and that the minutes be sealed. Haynes-aye, Landy-aye, Silverman-aye, Pini-aye, Gray-aye, Tommila-aye.
Silverman moved, Haynes seconded and the Board voted to come out of closed session at 9:50 PM. Haynes-aye, Landy-aye, Silverman-aye, Pini-aye, Gray-aye, Tommila-aye.
Pini moved, Gray seconded and the Board voted to adjourn at 9:55 PM.
| 
