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Planning Board Minutes 05/06/08
Members present: Terry Silverman, Suzanne Gray, Robin Haynes, Jason Hill, John Tommila, Tom Parker, Selectmen’s representative.  
Others present:  Carlotta Pini, alternate  
Call to Order: The meeting was called to order at 7:05 p.m.

Appointment:  Stan Sherman to discuss amended livestock ordinance.

Stan and Sharon Sherman expressed their concerns about the 2008 amended livestock ordinance.  They feel the current ordinance does not address control of farm animals, in that there are no explicit regulations for fencing or boundary setbacks.  In the past, neighboring farm animals have roamed onto their property and the only control that worked was the 2007 ordinance, which was recently amended.  They said they talked with the Selectmen, animal control officer and police and none were able to help prior to the ordinance enacted in 2007.  They said they have been free of unsupervised animals for a year now and don’t want to go backwards.  They wondered what protection from wandering farm animals was in place for them now.  

Silverman said he believed that people should be able to have farm animals but not too close to neighbors, especially in residential settings.  The Shermans agreed.

Haynes said the state has the power to enforce the amended ordinance which incorporates best management practices regarding livestock management, including housing/fencing of animals and management of manure.  Silverman said the Shermans, or anyone experiencing a problem with livestock, should call the Selectmen’s office and they will contact the proper authorities.

Preliminary consultation:  Richard Drew to discuss a possible 4-lot subdivision of the Kennedy property located on Collins Pond Road, Map 11, Lots 40 & 41, and Map 29, Lot 24, Residential and Rural Districts.

Mr. Drew presented a plan outlining the owner’s wishes.  They would like to subdivide a non building parcel around the barn, located on Map 11, Lot 41, to go with the house lot, Map 29, Lot 24; subdivide parcel identified as Map 11, Lot 40 into 3 lots to include the stone building and two other building lots for a total of two new building lots.  Collins Pond Road divides the main house lot (Map 29, Lot 24) from the rest of the property, even though all the land is one deeded parcel. However, the town assesses the property as three tax lots.  The house lot is an existing lot of record, even though nonconforming in size.  They would like to combine the house and barn lots so they could be sold together.  

Mr. Drew said he planned to request a waiver from having to delineate the wetlands since they are not extensive and do not impinge on possible building sites.

Staff will research several questions with the Local Government Center.

Preliminary consultation:  Ralph Neimala to discuss a two lot subdivision of a 14 acre parcel he owns on Route 12 South.

Mr. Niemala presented a sketch of his plans to divide his lot into one 6 acre parcel and one 8 acre parcel.  There was discussion about access from Route 12, a limited access highway, and options for accessing the two new lots.  Mr. Niemala suggested moving an existing common driveway to tie into a new common driveway, saying it would provide a better line of sight for all lots exiting onto Route 12.

Several lot line adjustments would be necessary to secure regulation frontage and acreage for all lots concerned.  

Silverman suggested developing a written plan with the state DOT for the driveway prior to submitting a subdivision application.  Gray suggested getting written permissions for the lot line adjustments prior to application too.  All the changes will be made at the same time as part of the subdivision application.

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 said the plans had been changed slightly to accommodate DES concerns.  The wetlands replication will be moved closer to the original wetlands, and water runoff will not be redirected from its original channel.  The wetlands hearing will cover wetland crossing issues.  They plan to be prepared for this hearing in June.

They continue to work with the Water District on an agreement that may be ready in June.

There are still some numbers missing from the road bonding estimate but it will be finalized in the next several months as the site specific permit is finalized.

Silverman read a letter from abutter Nancy Roehl suggesting a reserve fund to cover maintenance issues in case of a disaster, like flooding or infrastructure failure.  They discussed several options and it seems that insurance may be the best solution.  Mr. Filipi will explore that.

Tommila noted that if the road is paved and built to standards, it is less likely to fail.

Silverman moved, Haynes seconded and the Board voted to continue the hearing to June 3, 2008 at 8 PM.

Minutes:  The Board reviewed the minutes of the April 1, 2008 meeting.  Gray moved, Tommila seconded and the Board approved the minutes as written.

Other Issues:  Driveway regulations:  Tom Parker expressed concern that the driveway regulations call for a 30 foot wide driveway entrance that extends for 14 feet from the entrance before tapering to a narrower width.  He said this is not necessary for fire trucks and equipment.  He said the Road Agent agrees.  Silverman said the driveway regulations enable the Road Agent to use his own judgment in all cases.

Parker raised the issue of business uses of land, specifically timbering and mechanical processing of timber for sale as firewood.  There is an operation on Route 119 where timbering is occurring on one lot, with an intent to cut permit, and processing is occurring on another lot.  He asked the Board for their thoughts on the processing issue as a business use of the land.  The Board feels that while timbering is an allowed agricultural use, processing it mechanically is not. Mechanical processing is more like light manufacturing or a commercial lumberyard.  Pini noted that chopping down a tree and using an axe to cut it into campfire wood for sale by the side of the road is different, and more in keeping with the intent of agricultural use in the zoning regulations.

Silverman moved, Gray seconded and the Board voted to adjourn at 8:45 PM.



 
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