MINUTES

June 11, 2009

Members Present: Mrs. Donna Chisholm, Chairman, Mr. William Limbacher, Vice Chairman, Mr. Robert Vogel, Dr. Nico Afanasenko

Members Absent: Mr. Donald Walter, Mrs. Patricia Brennan Finnie

Others Present: Ms. Laura Harbottle, Town Planner
See Sign-in List for names of others present at this meeting.

Mrs. Chisholm called the meeting to order at 7:30 p.m.

ACCEPTANCE OF AGENDA: Dr. Afanasenko moved to add a Form A application for 47 Gannett Road to the agenda and to accept the amended agenda. Mr. Vogel seconded the Motion and the vote was unanimous.

Mrs. Chisholm informed the Board that Mrs. Pat Brennan Finnie has formally resigned from the Planning Board and her resignation letter has been received.

Ms. Harbottle explained the process would be that the Planning Board should vote to declare the seat as vacant. The Board will then notify the Board of Selectmen who will announce the vacancy at their next meeting on June 23. The Board of Selectmen has agreed to share all applications with the Planning Board and after a joint vote; the Board of Selectmen will announce the new Board Member at their July 21 meeting.

MOTION: Dr. Afanasenko moved to declare the Associate Member position of the Planning Board as vacant. Mr. Vogel seconded the motion and the vote was unanimous. Mrs. Chisholm, Mr. Vogel and Dr. Afanasenko voting. Mr. Limbacher had not arrived to the meeting yet.

Review status of construction/upcoming maturity of surety for Northey Estates
Re. completion of Northey Farm Rd. and drainage system
Assessor’s Map 52-2-16A,C-K - Developer: John Tedeschi Construction

Mr. John Tedeschi addressed the Board. He said he wanted the Board to know that he has not been in touch with Ms. Harbottle and is shocked at the letter Ms. Harbottle circulated around town hall regarding his surety bond. Mr. Tedeschi stated that the last time he met with the Board was the fall of last year and he did get some of the work done that was still needed. Unfortunately, weather came in and he was uncomfortable paving the road. He said that DPW asked him when he built the road to wait until the construction of homes was finished before he put the final topcoat on. He stated he has been mowing lawns, maintaining detention basins etc. in the open space of the subdivision. He has been in touch with P.A. Landers and hopefully they will pave the road next week but no later than two weeks. He spoke with Mr. Kalishes and he does have to file with Conservation for the one small area. It was a swale that did not tie into one of the wetland treatment areas. He said he does want to have the road completed and accepted in the next month.

Mrs. Chisholm said that going through Conservation will take a long time and the bond will expire before you have time to do that. Mr. Tedeschi asked the Board if he could get a reduction to the surety once he gets the road paved.

Ms. Harbottle said the town currently holds a $90,000.00 surety bond with Arcadia. Their representative is Eastern Insurance. Eastern called our office asking what the status of the subdivision was because she didn’t think that Arcadia would renew the surety again. The road still needs to be finished and Mr. Tedeschi needs approval with Conservation on the detention basins. Ms. Harbottle said she heard that the Conservation filing would take 2 to 3 months. She also heard there was an issue with the construction of the detention basins. Mr. Tedeschi said that all the detention basin issues were resolved with CEI. He said there is one issue with one small swale that still needs to be worked out. If the Board wants to hold money until this is taken care of then fine.

Ms. Harbottle explained that under the law, the Planning Board has to keep money for the improvements. The reason Town Counsel got involved was because of the phone call from Eastern Insurance saying the bond would probably not get renewed. Town Counsel suggested the Board see what can be done in a three-week window. Getting the road paved, getting the detention basins fixed and getting the as-built plans. Going after a surety bond is a time consuming process. If nothing happens in the three weeks Town Counsel suggested the Board pursue getting the bond.

Mr. Limbacher arrived at the meeting 7:45PM.

Mr. Tedeschi said he wants to get the work done and have the release the bond. If there is any outstanding work Mr. Tedeschi said he could leave $5,000.00 in an account if the Board would be comfortable with that amount.

MOTION: Dr. Afanasenko moved to readdress this issue in 2 weeks for an update on the work and to readdress the issue of whether it is necessary to pursue the bond. Mr. Vogel seconded the motion and the vote was unanimous. Mrs. Chisholm, Mr. Vogel and Dr. Nico Afanasenko voting on the motion. Mr. Limbacher abstained as he arrived late.

Old Business, New Business, Correspondence, Administrative Items, Updates
Approve Minutes (02/12/2009, 02/26/2009 and 03/26/2009)

Accounting:
MOTION: Dr. Afanasenko moved to pay the following bills. Mr. Limbacher seconded the motion and the vote was unanimous.

1. W.B. Mason - $59.29
2. Planning Commissioners Journal - $232.00
3. Comprehensive Environmental Inc. - $1,920.00
4. Patriot Ledger - $577.06

Sign new Covenant for Dreamwold Estates as voted 4/23/09:
Ms. Harbottle explained that the Board had voted to extend the covenant on Dreamwold Estates on 4/23 and it required signatures. The Board signed the new covenant.
Continuation of Public Hearing: Stormwater Regulations (to implement Stormwater Bylaw adopted 3/29/2008; See draft dated 5/18/2009 on file with
Town Clerk and Planning Board)

Ms. Harbottle stated she received some proposed changes to the 5/18/09 draft. She read through the draft and commented on the proposed changes. Ms. Harbottle said that she or Mr. Kalishes would review alterations of 15,000 to 40,000sf of land to determine if there was a need for a public hearing before the Planning Board.

Ms. Samantha Woods, NSRWA, said she is concerned with the word ‘may’ and how you would regulate which projects will require permits and which won’t. Ms. Woods said she would like to see a checklist that the applicant could use to show Ms. Harbottle or Mr. Kalishes that they have complied with the Bylaw.

The Board continued with discussion on the proposed changes to the 5/18/09 draft. They also discussed whether projects less than 15,000sf should be reviewed and if the checklist will be enough to handle these projects.

MOTION: Dr. Afanasenko moved to continue the Stormwater Public Hearing to July 23, 2009 at 8:00. Mr. Limbacher seconded the motion and the vote was unanimous.

Form A Plan, 47 Gannett Road - Assessor’s Map 14-1-17-0-R
Applicant: Valerie H. Sweeney - Owner: Valerie H. & Paul J. Sweeney

Ms. Valerie Sweeney addressed the Board. She stated she would like to divide the property at 47 Gannett Road into two house lots. Ms. Sweeney said she has received an approval with the Zoning Board of Appeals.

MOTION: Mr. Vogel moved to endorse the Form A. Dr. Afanasenko seconded the motion and the vote was unanimous.

Motion to Adjourn: Motion duly Moved by Mr. Vogel. Seconded by Mr. Limbacher and voted unanimously to adjourn at 9:45P.M.

Respectfully submitted,

Maureen Galvin
Secretary
Planning Board

Dr. Nico Afanasenko, Clerk

Date Approved: