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Home My WebLink About1973-12-03Monday - Decamber 3,. 1973 Regular Meeting The PLAnNInG BOARD met en Monday eveaing, Decamber 3, 1973 at 7:30 P.M. in the Town Office B,,41a4.~ ~eeti~g rest. ~he following meahers were preseat amd voting: John J. MonteAro, Vice Ch~4~-q; Paul R. Lamprey, Clerk; Donald N. Xeirstead and Fritz Ostherr. William Chep-l~, Chair,_an_, arrived later in the ~eeting. John Monteiro was Acting C~ until Mr. Chepulis arrived. Mr. Os~herr ~ade a motioa to approve the ~inutes of the previous ~eetings 0f 1~, 11/13 and 11/19; Mr. Xeirstead secoaded the motion and the vote was uaani~ous. There were 6 people present for the meeting. PLA~S ~OT REQ~ APPEOVAL~ 1. Hodgdon~ Campbell Rd. - Mr. Hodgden was present and the Beard advised hi~ that they felt the pl~ shewed a subdivision because of the 50 ft. frontage to a rear lot. Mr. Xeirstead ~ade a ~otion that the Pla~ Board ~_-~ determiaed that this plan shows a subdivisio~; Mr. La~prey seconded the motioa and the vote was 2. G.A.R. Corp. - Atty. Harold ~rley and Atty. Charles Trc~bly presented plans to the Board showing $ more to#nhouse lots on the Rreoheide development of East Water St. and Chickering Road. Mr. Ostherr ~ade a motion to ew_~oree the plan as not requiring approval under the Subdivision Control Law; Mr. Xeiretead seconded the motion and the vote was 3 - yes and ~e~ber La~prey voting no. Atty. John ~* ~ ~ ~-~ appeared before the Beard relative to which bemd the Board would accept for the "Johnson Circle" subdiviaioa. Town Couasel had approved both bonds as to fores. Mr. 0stherr ~ade a ~tioa that the cha~,~an sb-~ ~ endorse such bond as he feels is proper and added that approval of the bo~d be contingent that the work be co~plebed v'lth'~, two years as specified in our regulatioas; Mr. Xeiretead seconded the motion and four voted in favor. After so~e discusai~n, Mr. £eirstead ~ade a motian that the cb~-~an be authorized to take whatever steps are necessary to release the covenant amd to replace the bond. Mr. l~antoiro seeo]mded the motion. Mr. Chep~s said that the Board will vote on which bo~d to accept, that the chaice should not be up to the Chairmen. Mr. Keirstead then ~ade a motian to rescind the previous action taken tomight re- garding the bonds on the "Joh~som Circle" subdivision~ Mr. Lamprey seconded the Botion and the vote was uuani~ous. Mr. £airstead then made a ~ton to accept the bond of the ~surance Coe~mamy and release the "covenant rum~ with the land", with the condition that the w~rk shall be cmapleted within two years as specified in our regulations~; Mr. Moateiro seconded the motion and the vote was unanimous. December 3, 1973 - cont. ~ TAVerN ~ Atty. Victor Hatan and Ban Osgood were present and recfdeeted that a amount of the bond on Raleigh Tavern Lane S~. be 'released. Highway Surveyor 0yr was also present. Mr. Cyr recos~ended that the bond be reduced fr~a $24,000 to $10,000, that it was a sufficient a~nt te c~aplete the necessary work to be done. Lengthy discussion was held. Mr. Ostherr made a motion that this question be re- farted to the Subdivision Control Sub-committee (M~nteiro & Ostherr) for reco~enda- ti~n at the next regular meeting. Mr. Lamprey seoomded the motio~. ~r. Ostherr felt he has not had sufficient time to study the matter and did mot want to take action this evening. Mr. Xetrsteed than made a motion to recow~end that the previous motian n~t be approved but reduce the bond to $10,000 upc~ the reco~endntion of Mr. Oyr and refer the matter of which is to be done ~ith the react-tog $10,000 to the Sub- division C~ntrol &ab-so,mitres; Mr. Menteire seconded the ~otion. The vote was Members Ostberr & Lamprey v~ting yes and the other three me~bers voting n~. Mr. £eirstead then ~ade a motion to reduce the security from $24,000 to $10,000 and refer the matter of a further reduction in the bo~d to the Subdivision Oc~trol $ub-coeeaittee for reco~aandation at the next regular meeting after conferring ~ith the ~ighway Surveyor and petitioner. Mr. Ostherr mas concerned about the work that st~ll has to be done end Mm. Ohepulis wus concerned about #a~-built' plans being submitted. Leagthy discussion was held. Mr. Monteiro see__~__ed the motion and the vote was ~ - yes - Mr. Ostherr did not vote. Mr. Thomson appeared before the Board to discuss his property on Joh~san and Farnu~ Streets. He explained that ho could ncr sell one lot because it was leaving only 50 ft. frontage and the ~lding Iaxpector said he would not issue a permit. He expl*~:ued that there is another lot in his na~e along ~ith Mr. Colaman and he would like to ce~bine nil of the interior land ~ith Mr. Cole~an's lot. The Board advised him to prepare f~e proper plan~ sboeing this. Notice was received af a Board of Appeals hearing to be held on Deeeaber loth upon the petition of ~. Lincoln Giles to extend the Geaaral Business area 100 ft. for the property that was formerly L,~'e Garden Canter., Mr. Ostherr recommended that the Planning Board tell the Board of Appeals that is a perfect example of why that particular aectioa oas put into the Zoning By-Law. Mr. Keirstead said he would reco~ae~ that the entire parcel be re-z~ned to a more appropriate business use for that area. Mr. £eirstead made a motion that the Board would prefer not to see an expansion of this General Business area; however, the law clearly -~ows such a special permit in this case. The Planning Board would prefer to see this particular parcel re- zoned to a more appropriate business zone under our current By-law, rather than General Business. December 3, 1973 - cont. Mr. Ostherr feels they have a right to the extension and he then~ade the following motion; that the Plan-~tngBoard send a letter to the BoardofAppeals that. the request for a special permit appears to be legitimate under Section ~.11 (3) of our Zoning By-Law and in fact is an example of what this section of the By-law was meant to cover. There was no seco~M~to the motion; Mr. Chepulis stepped down from being Chairman to second the motion. Mr. Ostherr & Mr. Monteiro voted yes and the remaining three members voted no. The motion is lost. Mr. Ostherr then made a motion to make no co~ment; Hr. Monteiro seconded the motion and the vote was unanimous. OLD SUbDIVISIONS: The Board went over-the list of shbdiviaio~ and discussed whatrem~4~ed ~obe done on each one as follows: 1. Briarcliff: Complete~. 2. Hillside Acres: Completed, 3. McLay: Completed. ~. Surrey Drive: Completed. 5. Arthur Kent: ~Nothing has been done. Hr. Oyr said there are alot of problems. 6. Colonial Acres (George Farr):. Nothing has been done. 7. Spim~ingWheel Estates (Flynn): Nothing has been done. 8. Old Village Lane: Completed. 9. Brentwood Circle: $250Obankbook - remaining work to be done by Nov. 197~. 10. Whittier Farm: Covenant on Lot #~, which has been sold- nothing can be done by Plam~Board- recommend te release cove,a-:. Mr. Keireteadmade amc:ion to release the covenant on Lot#~; Mr. Ow:herr seconded the motion and the vote was ,,-~-~us. 11. ~orningside: Let~33 still being held, is of little value becauasit is'a swamp. Write to Towncounsel to see if the town can takeover the lot, probably for conservation purposes. 12. Jay Road: Completed. 13. Chestnut Acres (Evergreen Drive): $~,OOObankbook being held - was to have been completed by Sept. 1~3. NighwaySurveyor will check and report. 1~. Chestnut Cour~ (Jay Burke). ~:$AOObankbook being held- to be completed hy an. 197 . 15. Coachman's Forest: $5,00Obank book being held. PlanmingBoard should take whatever steps are necessary to complete this. Write to Towncourmel as to how we can exercieeusingthe amount of the bankbook. 16. Raleigh Tavern North: $3,00Ob~khook being held - use the amount to finish the work - Check with Towncounsel. 17. Raleigh Tavern South: $10, OOObeing held- work is presently being done on it. Mr. Keirsteadaede a ~etion that the Board take the actio~ recem~ended in the report of the Committee as amended in the verbal report~ Mr. Monteiro seconded the motion and%he vote was unanimous. Decemher 3, 1973 - cont. ~he annual budget for July 1, 197~ through June 30, 1975 ~ be discussed at the January 7th meeting. AIRPORT ~ PLAN: A copy of the prelim, master plan for the Laereace Municipal Airport was received froa the Airport Co,~issian. ~r. gonteiro eill. revie~ it. SU~qTIONS FOR MOD~V~'~N~ SUBDIVISION R~.E2 & Discussion was held on ~ocLifying the Subdivision Rules & Regulations. Each member will submit an~ suggas~ions he has and letters could be sent to ether town departments for their The ~eeti~g adjourned at 10=30 P.M. · ~-~ (Willimm Ohepuli~ ' ' seCre{A~aa Donaime)