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HomeMy WebLinkAbout1972-11-06Monday- November 6, .1972 Regular Meeting The P~ BOARD held its regular meeting on Monday evening, November &, 1972 at 7:30 P.M. in the Town Office Building meeting roem.~ The following members were present and voting: Charles W. Trembly, Jr., Chairman; Donald N. Keirsteadt Vice Chairman; Fritz Ostherr, Clerk; William Che~,l~s and John J. Montoiroj ?~A'e were 15 People present for the meeting. PLANS SIGNED= Atty. John Willis presented two sets of plans to be signed as "Hot Requiring Planning Board Approval". Mr. Keirstead made a motion to sign the first set of plans; Hr. 0stherr seconded the motion and the vote was unanimous. The Bd. signed them. Hr Keirstead made a motion to sign the second set of plans; Mr. Ostherr eeeonded the motion and the vote was unanimous. The Board signed the Mr. David Burns presented plans that had been sig~ed by the Board and had net been recorded within the six months so that the Registry would ~o% accept them. He re- quested the Board to up-date the plans so that he could record the~. The Board did so. Hr. [eirstoad made a m~tion to accept the minutes of the pre~ous meeting; Ohepulis seconded the motion and the vote was unanimous. P~I~,~NARY SUBDMSION PLANS: Atty. John Willis submitted preliminary subdivision plans of the/Stevens area. He requested a hearing for the subdivision for townhouses, probably sometime in Janna~y.. The area consists of approx. 22 acres; he will submit a definitive plan within 3~ weeks. The Board questioned ~hether or net these were indeed prel ~-inary subdivision plane since -~ of the area fronted on public ways. Atty. Willis explained that they need to obtoiu use for the interior area sad provide a way and there is a question as to the status of one road~ay;this is ~h~ he feels he must co~e under a subdivision. ~e said proper copies were filed with the ?o~n Clerk end the Board of Health. ~e said Harkaway Rd. is net a public ~y. The preliminary plans are not very complete but he has no more information available to hi~ at present. Lengthy diicussion was held as to whether or net these plane could be cenoidered as preliminary subdivision plans. Hr. [eirstoad made a motion that since there seems to be sene doubt as to the sub- mission of the plan as a pre]_A~mmry subdivision plan, we refer this matter to Town Counsel for interpretation. Mr. Ostharr seconded the motion and the vote was unanimous. November 6, 1972 - cont. P]~B~OXE S~g~' ~A~: Mr. Ralph ~spesi~'o,' ef Pembroke Survey Ce., appeared before the Board. He understands that new Subdivision Rules & Regulations are being formulated and ex- plai.ued that his company is going to start w~rk on prel~lry subdivision plans and he wanted to know which Rules & regulations would apply. Mr. Keiretead exp~m~wed that it is hks :usderstaad~g that the .regulations in effect at the time of submission ef the preli~ plans will regulate. He said the Board could possibly adept the new regulations by the December 18th meeting. Mr. Vincent Helfrich~ 120 Stevens Streetm presented a petition signed by ~A5 voters of the townt to change th® ~ By-law to re-word the present conversion clause and to elaine-ate to~ahouses in R-~ district. They are requesting a public hearing. They have submitted a petition to the Selectmen for a Special I% was- exp~-~,ed that the P-la~ B~erd has te wait for the Selectmen to set a date for the ~pocial Town Meeting before a hearing date can he set. Mr. Monteiro mede a metio~ te accept the petition; Mr. Xeiretead seconded the motion and the vote was u~us. Oorrespondance was received from Town Counsel relative to the Ja~ Road drainage problem. The ~oney cannot be released from the bank until January 15, 1973. Mr' Xeirstead reported that the catch basins had been Cleaned by the Highway &~yer and this should help take care of a good part of the problem. RALEIGH TAV~N LAN~: A letter was received from John £. Wyllie, president of the Raleigh Tavern Estates Homeowners Association, asking the Board not to re~ase the bond on the Raleigh ~avern development until several drl~age problems are corrected. Mr. £eirs%ead made a metiea to accept and file th~. letter; Mr. Oetherr seconded the motion and the vote was ,~-~m~us. Mr. Keirstead' said that Ben O. sgood is already aware of the problems ~d will have them fix~. The Board received a legal notice of the hearing to be held upon petition of Daniel Olenio for a townheuse eemplax of ~ units. Mr. Ostherr made a motion to recommend unfavorable action %o the Beard of Appeals because in adopting the mimimum lot size requ/memant for a townhouse complex, considerable thought was given to the general amenities that would be required for November 6, 1972 - cont. a tmmhouse and chose the one acre lot size as the ~4~4mum area. The let size in this petition is approx. 1/3 that size (15,000 sq. ft.). Mr. Xeiretead seconded the motion and the vote was u~ous. ~ Mr. Keirstead distributed copies to each of the. members of a letter he drafted to send to the Board ef Appeals, if approved, having to de ~ith Chapter 774 on iow income housing. He made a motion to submit the letter to the Board ef Appeals Mr. Ostherr eeco~aed the motion and the vote ~as unanimous. OLD BUSINESS: Mr. Xeirstead brought up the matter of printing the new Sign By-La~. The Board felt tks_t since it is a to~n by-law, the To~n Clerk should have that responsibility and that Pla~m~w8 Board funds should not be used for its printing. Subdivision Rules & Regulations: Mr. Xeirstead suggested that the public hearing be resumed whe~ it ~_s left off last year and that the hearing be held on Tuesday, N~v~mber 28th, a~ 7.'30 P.M. The Board agreed. Proper notice will be publ&shed in the ne~paper. RE~ORTS OF COMMI~= Housf-~ Stud~ Cemaittee: Mr. Ke~ste~ s~d t~ c~ttoe c~'t s~ to ~t a v~ op~on ~ ~e ~ to e~ct~ what low or ~era~e ~c~e ~s~ is. ~e c~ttas ~ t~ te dote~e ~at q~ies~ the need~ etc. S~z~ ~g w~ ~s~ss~. Je~ W~ r~ ~ ~icle fr~ the pa~r w~ch stat~ t~t 2~ of ~e ~s for ~ er ~d~ate ~c~e ~e dete~ ~ ~c~e; that 2~ ef e~erly ~s~ c~ q,,=~ ~ ~. P.U..D, Stu~ Committee*. Mr. Osthorr reported that the .c~m~ttoe has met a couple of times and that they will net have a~ythiug read~ for the next annual te~n meeting. There is %0o much work involved and they need some professional advice. He reported that Peter Bornbeck has resigned from the committee, for persc~a]f reasone, Watershed Stu~ Ca~dttee~ Mr. Ostherr reported that the c.~--~ttee has had one meeting. They have been gathering technical data and ~]] meet again this week. PLAN3 NOT REQUIRI~ PL. ~D. APPROVAL: The Board signed plans for John Andrew Compan~ for land on Nillside Road. Mr. Keirsteed made a motion to request an interpretation from To~n Couneel as to the signing of plaus not requiriug Planning Board approval and the right: to e~force compliance of lets to the Zoning By-law. Mr. Ostherr seconded th® motion and the vote was ,.man.imous. November 6, 1972 - cent. The Plam~ng Beard budget must be submitted ~or 18 months on a fiscal year basis. The Beard ~]] discuss this matter felly at the Nevember 20th meeting. BUILDI~ I~ POSITIOn: A letter was received Trom the Selectmen relative to a moetiag to be called earl~.~ in December relative to vhether or not the positiom ef ~wg Tm~pecter 8houl~ be full-time. ~r. Monteire made a motion to recommead to the saleetme~ that the pasitien be mede D,11-time amd that ene member of the P]a~g Boerd will attend that meeting. Mr. Xeiretead seconded the motion and the vote was ~eus. ,~ Discussion was held as to the temnheuse section of th· Zening B~-Law. ~ ~,~_~g ~_~pector Charles Fester was presemt.A ~,~l~g permit had been issued for to~nhouses fellewing the requirements of a larger density. It was noted that the B~-law under :R-~ shows ne reference to density. Lengthy dis~ussien was held. Mr. Keirsteed made a mot~a that it was the intent of the Planning Beard that 7 toenhouses per acre be the density fer R-~ and that the R-5 dimensienal require- merit should alee apply to R-~. Mr. ~teire seconded the' motien. John ~llis said the %e~n has to live by the la~s as it is now em the beohe. He said Table 2 says tho demsity in R-~ is mot applicable. You com't change the law by stating your opinion. Other pel~sens have relied on this' law. A~d you 8h~aldntt put the burden on~ the B,,'~l,~'~g Inspector. If there's a mistake, correct it preperly. Mr. Menteiro said that the Beard knew there would be flaws $~ that everything weuld not be perfect. ~e have ether corrections to make - let's put thimgs do~n clearly. Mr. Xeirotead sa~d he thimks it's appropriate to give other town bedies advice and it's up te them whether or met they wamt %0 accept it. Mr. Keiretoed then made the fellewing motion: To advise the B-!~mg Inspector in writing of the intentien of the Beard at the time the Z~ning By-law vas formulated, was to =~ow not more than seven to~nhouse ,,-~ts per acre. Mr. Ostherr seconded the motion. The vote ~as as fellows: Mr. Che~.,~s, Mr. Ostherr & Mr.'Keirstead - Yes; Mr. Monteiro and Mr. Trembly - Ho.~ The meeting adjourned at 10:00 P.M; Chh4 (Charles '~. Trembly, Jr.) $ecretar~