TOWN OF
PLANNING BOARD
Minutes of a
Meeting of the Planning Board held on
PRESENT: ELI HAUSER, VICE CHAIR
WAYNE BRADLEY, CLERK
PAUL LAUENSTEIN
PETER O’CAIN, ASST. TOWN ENGINEER
Business
Transacted:
I. Meeting called to order. The Minutes of the February 22, 2006, meeting were reviewed and accepted with corrections.
FORM A PLANS
None.
SIGN REVIEW
None.
II.
Mr. R. Leclair was present on behalf of the Stein family, who were the applicants. Mr. Leclair said that the major outstanding issue was whether or not the access road needed to be on a separate lot or not. The applicant said that according to the court decision, it did not.
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Administrative Assistant
Planning Board Minutes Page Two March 8, 2006
Mr. Hauser asked if it has the right-of-way access, is it an easement or an actual lot? Mr. Leclair answered that it would have to be paved and meet Town regulations. Mr. Hauser rephrased his question to ask if the plans before the Board showed the emergency access as a lot or not? He said there were two issues that needed to be decided – first, is it a lot or an easement? The attorney has stated that there is a court document that says it is not a lot. Secondly, is the access road to be paved or wood chipped? Mr. Leclair answered that it was his recollection that the road was to be paved.
Mr. Cohen
gave the Board some background on this subdivision, indicating that the main
contention of the abutters’ lawsuit was that they wanted the primary access to
the subdivision to be from
Mr. Hauser said that this issue could not be resolved tonight, as the Board’s plans indicate the emergency access road was to be a separate lot and the applicant is saying that the court order said it could be an easement. The applicant needs to return to the next meeting and provide supporting documentation that this need not be a separate lot. Mr. Hauser asked the applicant to also supply the 1999 subdivision plans, which were the ones approved by the Board, and the new plans to be able to review and compare both, as well as the Court decision indicating that the access need not be a separate lot.
The applicant
requested an extension of time until
Mr. Freedman
of
Planning Board Minutes Page Three March 8, 2006
III.
Mr. O’Cain explained
that in the LIP process, the Board of Selectmen have to write a letter
indicating the Town’s approval of the submission allowing it to then move to
the ZBA for action. Mr. O’Cain had
prepared a review of the subdivision that the Board reviewed. He indicated that in discussions with the
Selectmen, the Town talked about the applicant paying for part or all of the
water main being put in from
Mr.
Lauenstein pointed out the WMAC and the Board of Selectmen approved a new water
department regulation that any new structures being built in the Town must use new
water saving fixtures. Tenants will
receive water and sewer bills proportionate to the amount of water they
use. It is important that all new
apartments have a submeter so that each tenant is
billed for their usage. Statistics show
that this decreases water usage by 30%.
Additionally, efficient toilets, front load washers and low flow shower
heads are also a requirement. Mr.
Lauenstein felt these should be conditions assigned to
Mr. Hauser pointed out that the Board of Selectmen is already aware of this issue and should be recommending them in its letter of approval. Therefore, there is no action for the Planning Board to take at this time.
Mr. O’Cain indicated that all Town Boards are supposed to review the plans and provide comments to the ZBA. He did say that there is still plenty of time to do this, as once the ZBA gets the filing, it is treated as a regular 40B and the ZBA will be holding regular hearings on the subdivision and soliciting comments from the various Town boards.
Planning Board Minutes Page Four March 8, 2006
Mr. Lauenstein still wanted the Board to send a letter to the Selectmen and suggest that those conditions be part of the Selectmen’s suggestions. Mr. Cohen said he had no problem sending the Selectmen a letter, but did not think the Town should insist on those conditions if it would be a deal breaker. Mr. Bradley agreed, saying those items could be sent as recommendations but did not want it to be raised to the level of a stumbling block to the deal.
Mr. Hauser said that a letter from the Planning Board to the Board of Selectmen would be outside the scope of the normal Planning Board procedures and it is bad policy to vote on an issue that is outside the scope.
Mr.
Lauenstein said there was no harm in making these suggestions to the Board of
Selectmen and if
Mr.
Lauenstein moved that the Planning Board send a letter to the Board of
Selectmen requesting that
IV.
Ms. Cheyer, one of the abutters to this property, informed the Board that the ZBA had continued the hearing on this 40B until April 25.
Mr. Cohen explained that the Planning Board needs to write a letter to the ZBA indicating what sections of the rules and regulations were not being adhered to in this subdivision. Mr. Bradley said that he would draft a letter to this effect and circulate it by email for comment.
Planning Board Minutes Page Five March 8, 2006
V.
COMMUNITY
PRESERVATION ACT – (CPA)
Mr. Cohen,
who is the Board’s representative to this Committee, told the Board the CPA
Committee would be holding a public forum for discussion on how the money in
this Fund is to be distributed. That
meeting was going to be held in the Library on March 9 and he suggested that
any Board members who were available should also attend. The Board should also think about how it
would like to see that money distributed.
Mr.
Cohen suggested that it be used to purchase open space or land for
affordable housing. Mr. Hauser agreed
that the Board should have a rea
Mr. Lauenstein said that one suggestion could be the King Philip Rock area, which included about four acres. Mr. Martin, a Town resident and historian, said that this area was very important not only to the Town but to the Native Tribes also. He explained that the Narragansett and Wampanoag Tribes had spend quite a lot of time investigating this area and have nominated it as being placed on the National Register of historical places. This is an ancient Indian site, specifically the top of the hill. He wanted to put in a word that it is worthy of conservation. Mr. Lauenstein suggested this item be put on the list as a possibility for the Board to think about.
Mr. Bradley cautioned that the Board should resist the temptation to just go out and find projects just to be able to spend the funds, assuming that funds may be carried over. The projects the Board recommends should be well thought out and in accordance with specific objectives.
VI.
ZONING
CHANGES FOR FALL TOWN MEETING
Possible issues to be considered for Town Meeting:
Planning Board Minutes Page Six March 8, 2006
VII. OTHER BUSINESS
§
Mr. O’Cain suggested the Board revise its Rules
and Regulations, as it hasn’t been done in many years.
§
Ms. Ziaugra, the Board’s administrative
assistant, submitted her resignation to the Board effective
VIII. There
being no further business before the Board, the meeting was adjourned at