Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, Mac Landy and John Tommila
Others present: Paul Grasewicz, alternate, Nancy Carney, Deputy Fire Chief.
Call to Order: The meeting was called to order at 7:05 p.m.
Silverman welcomed new Board member Jason Hill.
Public hearing: Driveway regulations.
Landy questioned the enforcement section of the regulation, saying he thought it would be hard to defend or enforce. It was noted that these regulations are the ones currently in force in town, and the Selectmen have been enforcing them using this section. Grasewicz said typically the Selectmen want the driveway inspected prior to issuing a certificate of occupancy. Landy asked about those driveways that are reconfigured or changed after a CO is granted.
Tommila asked the purpose of considering driveway regulations. Silverman pointed out that state statute requires a Planning Board to adopt driveway regulations and the Board is complying with that statute. The Board is essentially adopting the current regulations; there is not increase in regulation. Tommila said the lay of the land in Fitzwilliam may not allow a thirty foot wide entrance, adding that he’d put the onus on the homeowner if their driveway was too long or narrow for emergency vehicles to use.
Nancy Carney, Deputy Fire Chief, noted that the Road Agent brought up the width of driveways during the discussion of the regulations last month. She said she thought the Fire Department should also be more proactive in the winter to have driveways plowed wide enough for emergency vehicles to enter. Silverman noted that the Road Agent had authority to determine various factors regarding driveways in unique situations under regulation 4.B & C.
Tommila said he wasn’t in favor of the stone wall provision C. (e) because property belongs to an individual and they should decide what to do with the stone walls on the property. Landy said the clause refers to stone walls within the right of way of the road and along boundary lines.
Silverman said stone wall reconstruction was also a discretionary item for the Road Agent to review, evaluate and decide based on circumstances. He added that the regulations are primarily to insure good drainage for the town road onto which the driveway enters. Silverman said these regulations are fairly loose and none should be a hardship on the landowner, adding that all surveys show that residents want the rural character of the town to be preserved and stone walls are a part of that character.
There were no members of the public present to comment.
Silverman moved, Landy seconded and the Board voted to adopt the driveway regulations as written.
Minutes: The Board reviewed the minutes of the March 18, 2008 meeting. Gray noted that two people identified as abutters were in fact neighbors, not abutters. Tommila said he had a problem with his not being allowed to vote on the Filipi case. He contacted Bill Prigge, local attorney, who agreed he should have been allowed to vote. Tommila said he was very familiar with the case and the issues involved and had been present to hear testimony on the case. He also felt his constitutional rights had been violated and asked that the minutes reflect that the Chairman asked him not to vote.
Gray referred to a court case, Auger v Stratford, wherein plaintiffs questioned the vote of two planning board members because they missed meetings during a case. They were Board members at the time. Silverman said Tommila’s rights were not in question here. He noted that Tommila was not a sitting Board member during the nearly two years the Board has been hearing the case. He said it wasn’t about Tommila’s knowledge of the case or technical knowledge of the issues, but about the legality of who can vote on a case.
Silverman said that if this case goes to court, he would rather it be decided on its merits than on a technicality. Gray read from the Auger case, noting it refers to being on the Board and present to hear the case. Landy said that if he was in Tommila’s situation, he would not have voted. Haynes said she wouldn’t have voted either, adding she had done independent research on various issues in the case and, indicating the large file for the case, noted the case is complex and has been under consideration for a long time.
Silverman noted the minutes will be changed to reflect that he asked Tommila not to vote on this case. He added that he will ask that neither Tommila nor Hill, also a new member of the Board, participate in any vote on this case but that their comments will be welcome as members of the public. He reiterated that he feels responsible not to have this case decided on a technicality if possible. Tommila said he would research the issue some more and decide what steps to take.
Haynes moved, Landy seconded and the Board approved the minutes of the March 18, 2008 meeting as amended.
Preliminary consultation: Eva Duz to discuss a two lot subdivision of property located on Bowkerville Road, Map 18, Lot 1, Rural District.
Grasewicz distributed a diagram of the proposed subdivision. Ms. Duz owns 145 acres on the East side of Bowker Pond with 97 feet of frontage on Bowkerville Road and a couple of thousand feet of frontage on Route 12. She wants to create one smaller building lot of 12 acres that will be accessed by a common driveway off Bowkerville Road, to be shared with the remaining 133 acre lot.
Haynes asked about wetlands and Grasewicz said there were a lot, but he’ll wait until snow melts to see exactly where they are. Silverman clarified that the proposed new lot does not have water frontage. Grasewicz said Ms. Duz wants a lot that is large enough to keep in current use.
Landy asked if there were any structures on the parcel now. There is a cabin and old foundation. There was a camper near the cabin at one time. The cabin is about 100 feet from the pond. Grasewicz said they will need state approval of the subdivision because the parcel is within the shoreline protection area.
Silverman asked about wetlands on the12 acre parcel. Grasewicz didn’t think it was too bad but it needs to be carefully studied. There is good upland for the building site but they need to figure out how best to get to the site. He said Ms. Duz does not have plans for the larger lot but a neighbor wants a small piece of the parcel to provide a buffer for their lot. There are no plans for that at the moment.
Appointments of Alternates and Election of Officer: Silverman noted there are two openings for alternates in 2008. Silverman moved, Gray seconded and the Board voted to appoint Carlotta Pini as an Alternate. Silverman moved, Gray seconded and the Board voted to appoint Paul Grasewicz as an Alternate. Noting that the Vice Chairman position is vacant, Haynes nominated Mac Landy. He agreed to serve. Haynes moved, Gray seconded and the Board voted to elect Mac Landy as Vice Chairman.
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. Filipi distributed copies of a letter he wrote regarding his intentions for the yield plan he submitted as a proof plan for the cluster development, as requested by the Board. Silverman read the letter and it is part of these minutes. He noted it serves the purpose of what the Board requested. Silverman noted however that the yield plan would probably not be a viable plan as presented because of the unique character of the land, but it demonstrated that there was area enough for that many lots if differently configured.
Silverman asked that Tommila and Hill be recused from the hearing.
Silverman moved, Gray seconded and the Board voted to accept the letter from Mr. Filipi. Silverman – aye, Haynes – aye, Landy – aye, Gray – aye. No opposed. The motion carries.
Silverman noted that this hearing is to discuss the final draft of the covenants. He asked the purpose of the clause about horses being allowed on lot 6-3. Mr. Filipi said that when he first brought in the plan they discussed how lot 6-3 was the only appropriate lot for horses. It’s a 15 acre lot with some flat land that would be acceptable for horses. He suggested that if the Board agrees and someone wants to have horses on the lot, it could be subject to a site plan review of sorts to insure best management practices are used in keeping horses. Gray said she was concerned if horses were kept near the aquifer area and she noted that that lot is not close to the aquifer and has flat land. Mr. Filipi said there is indication that sheep were kept there at one time. This lot
falls under the covenants with this one exception for horses only. The clause in the covenants gives both him and the town options.
The Board discussed the tree cutting clause, noting that it applies to tree cutting on the common land. Tree cutting in the aquifer protection area is handled separately.
Silverman asked about disposition of the land proposed for the Water District, adding that this item should have been part of the conditional approval. Mr. Filipi said he and Frank Bequaert are in discussion about an agreement between the developer and the Water District, similar to a long term sales agreement to give the Water District flexibility and the time it needs to raise and appropriate the necessary funds. The Water District has access to grant monies if there is a written agreement. Silverman said any agreement should be part of the plat that is registered.
Landy asked if the Water District qualifies for ownership under the regulation. Mr. Bequaert said the Water District is a municipal entity. Mr. Filipi said there are three options for ownership of that lot - the Water District, lot owners themselves, or a conservation easement with an outside party. He said if the aquifer does not produce enough water for the Water District, lot owners may form their own water district to serve the subdivision. There was some further discussion of ownership and the attorneys will be consulted.
Silverman asked if anyone had any problems with the covenants at this point. Hearing none, Silverman moved, Landy seconded and the Board voted to accept the Declarations of Covenants, Restrictions and Easements of the Pinnacle Development. Silverman – aye, Haynes – aye, Landy – aye, Gray – aye. No opposed. The motion carries.
Mr. Filipi said he should have something on the road bonding agreement for the next meeting.
Silverman moved, Haynes seconded and the Board voted to continue the public hearing to April 15, 2008 at 8 PM.
Silverman moved, Gray seconded and the Board voted to adjourn at 8:50 PM.
| 
