Planning Board Meeting Minutes

Meeting date: 
Tuesday, August 16, 2016
MEMBERS IN ATTENDANCE:
Roz Terry, Chair
 
Michael Doherty, Vice Chair
 
Richard Utzinger
 
David Sutton
 
Marcus Phelps
 
Gina Patterson, Associate
  
ABSENT:
Alan Slessler. Town Planner
 
                                                                
The regularly scheduled meeting of the Planning Board was called to order at 7:00 pm by Mrs. Terry. She stated that the meeting was being recorded and asked if anyone in the audience was recording the meeting.
 
PLANNER’S REPORT: 7:00 PM
 
1. Received questions on Russo property at the end of Robin Road and rights to Robin Road. Attorney Beglane clarified that there is a 60 foot Right of Way to the property.
 
2. Sent a letter to James McMahon regarding Planning Board position on medical marijuana.
 
3. Talked to Attorney Donahue regarding site plan for 61 Granville Road (Walt’s Garage) parking for used car sales.
 
4. Red Riding Hood Restaurant on Congamond Road would like to add a Beer and Wine pouring license to the property.
 
5. Met with Wayne Patina owner of 532 College Highway. He had question about the size of plants required for the site and if any specific type of surface was required in the area in the back where cars will be parked.
 
6. Mark Shute called looking for the Mylar for an ANR for 299 College Highway. I told him we did not have it. It has been filed with the Registry of Deeds.
 
PUBLIC COMMENTS:
 
 
7:20 pm
22 Tannery Road
Discussion
 
Scott Lamon is the owner of the property on the corner of 22 Tannery Road and Sam West He said he has a tenant that is interested in leasing just over 2 acres of land to construct a solar photovoltaic ground mounted system on the property. He said he wants a list of requirements that are needed to come before the Planning Board to for a Special Permit. Mrs. Terry said the Board is aware of the program since they went to the Board of Appeals for a variance. She said the project variance submitted is only for Tannery Road and the Board will need an approved variance for Sam West Road as well. Mr. Lamon said he would get the updated variances from the Board of Appeals. Mrs. Terry said the site plan required for a Special Permit must meet all there requirements of the Photovoltaic Ground Mounted bylaw. Mr. Phelps said there is an existing Permit for that property so he may have to come in for a Modification to the Special Permit. Mrs. Terry said the site plan will have to include everything on the property. She said they will also need to have a Stromwater Permit since they are disturbing more than an acre of land.
Mr. Layman asked if he could go ahead and build the fourth building. He thought the original Permit allowed for all four structures. Mrs. Terry suggested he put all and any changes in the entire site plan so he would not have to return with another request.
 
APPOINTMENTS:
 
7:28 pm
108 Congamond Road
Site Plan Review
 
Frank Caruso represented Maureen Shea, the owner of Little Red Riding Hood Restaurant located on 108 Congamond Road. Mr. Caruso said that Ms. Shea is requesting a seasonal pouring beer and wine license. He said there will be no change in the business. He said the restaurant closes in January and reopens in March. He said the license is for inside the building and is not allowed outside the building. He said currently there are sixteen (16) parking spaces on the paved lot that is shared with two other businesses including two handicap spaces. He said on the other side of the building there is a gravel lot which has a minimum of 12 spaces. He said that is a total of 28 parking spots. He said they have four bike racks on that space as well. Mrs. Terry said the restaurant is in the Business Zone (B). Mrs. Shea said there are a potential for 45 to 60 customers. The Board reviewed the existing site plan.
Mr. Brown, the DPW Director, said that the gravel parking lot may be partially within the Town Right of Way with the Rails to Trails on the gravel parking lot. He said they may not own the gravel lot. Mr. Doherty said this will require a new site plan showing all parking spaces. The Board reviewed the Parking Bylaw to determine the required size of the parking spaces and shared parking spaces. Mrs. Terry suggested they have a meeting with Park and Recreation Committee to determine if they can use all of the gravel lot for parking spaces.
 
7:50 pm
41 & 51 John Mason Road
Continued Public Hearing
 
Mrs. Terry opened the continued Public Hearing for 41 & 51 John Mason Road. She read a Memo from the applicant summarizing the changes that have been made since the original application was submitted (SEE ATTACHMANT A). She read a memo from the Sergeant Kirk Sanders of the Police Department stating there is no problem with a money drop box on the site (SEE ATTACHMENT B).
Attorney Schneider representing Mr. Baribeau said he would like his client’s issues to be memorialized in the conditions. He said there are no new issues but wants to reiterate two issues. He said some of the conditions would be better enforced if there were an employee on site, and there would be no alcohol served on the premises He said the second issue is about the signs. He said he understands that the sign application is a separate process with the Building Inspector. He said because this is in the Residential 40 Zone (R40) signs are restricted. He said that an advertising sign for the Disc Golf Course would not fit in with the neighborhood. Mrs. Terry said that the sign is a separate issue from the Special Permit. Mr. Doherty said the only findings the Board needs to make is the proposed use will shall comply the Sign Bylaw. He said that it is a separate process. Mrs. Terry said that commercial recreation is a service that is allowed in the zone. She said that the Board will discuss it with the Town Council. Attorney Schneider asked about lighting. Mrs. Terry said at the last meeting they discussed having a motion sensory solar light by the locked box at the pro shop. She said she understands that the locked box will actually be in the shop. Mrs. Terry asked if anyone had anything to add for this application. Hearing none a motion was made.
A MOTION was made Mr. Sutton and seconded by Mr.Utzinger to close the Public Hearing for 41 & 51 John Mason Road for a proposed Disc Golf Course. The motion passed unanimously with one abstention.
 
8:00 pm
Goose Pond - Miller Solar Properties, LLC
Public Hearing
 
Mrs. Terry opened the Public Hearing for an application from Carbon Finance LLC to install a ground mounted solar array on Goose Pond for Miller Solar Properties LLC. She read an email from Mr. Arata, the representative of the project, requesting the public hearing to be continued to September 20, 2015.        
A MOTION was made by Mr. Sutton and seconded by Mr. Phelps to continue the Public Hearing for the application from Carbon Finance LLC to install a ground mounted solar array on Goose Pond for Miller Solar Properties LLC. The public hearing is continued to September 20, 2015 at 7:15 pm. The motion passed unanimously.   
 
8:05 pm
Goose Pond- DA Farms, LLC
Public Hearing
 
 
Mrs. Terry opened the Public Hearing for an application from Carbon Finance LLC to install a ground mounted solar array on Goose Pond for DA Farms LLC. She read an email from Mr. Arata, the project representative, requesting the public hearing be continued to September 20, 2015. 
A MOTION was made by Mr. Sutton and seconded by Mr. Phelps to continue the Public Hearing for the application from Carbon Finance LLC to install a ground mounted solar array on Goose Pond for DA Farms LLC. The public hearing is continued to September 20, 2015 at 7:30 pm The motion passed unanimously.   
 
8:15 pm
469 - 483 College Highway
Site Plan Approval
 
Mrs. Terry said the application has a Special Permit and Site Plan Approval in place. The applicant needs a site plan review for a Used Car Dealer’s License Class II. Attorney Szlacherka and Attorney Donahue represented Mr. Ron Pinion manager of Walt’s Garage on 469-483 College Highway. Mr. Szlacherka said that Mr. Whalley is separating the College Highway site from the Granville Road site and separate licenses need to be established. Mrs. Terry said the used car sales license is written as one and includes both site. Mrs. Terry said the applicant needs a site plan review to apply to the Select Board for their own license for the College Highway site. Mrs. Terry said she read that the College Highway site could sell a total of 40 vehicles on the site. Mr. Pinion said there are 40 parking sites plus 15. Mr. Donahue said they want the same amount of cars on College Highway as has been permitted. The representative and Mr. Pinion all agreed the site would be operated as has been and there were no plans to change at this time. Mrs. Terry said the only issue is the Findings for the Special Permit dated April 1, 2008 and noted on the Plan dated September 3, 2008 requires all parking spaces along College Highway to have a barrier and landscaping to prevent vehicles from direct access from the roadway. She said the cars could drive right off the sidewalk. She said the State was in the process of repaving the road and sidewalks were not finished. She said we agreed that large concrete planters would work well. She said they are technically in violation of the Special Permit. She said as a new business partner coming into Town she would like the business to into compliance. Mrs. Terry said the Board will send a memo to the SelectBoard.
A MOTION was made by Mr. Utzinger and seconded by Mr. Phelps to approve the site plan for 479 – 489 College Highway for a used car sales license. He motion passed unanimously.
 
8:40 pm
61 Granville Road
Site Plan Approval
 
Attorney Donahue represented the application for Walt’s garage on 61 Granville Road. Mrs. Terry said the property is located in the Business Zone (B) which means no Special Permit is required for car sales. She said currently they have part of a permit for a 130 car lot and car repair. She said the plan presented is from July 15, 2004. She said the plan has not been signed. Mr. Donahue received the plan without the parking space indicated. He said he drew in the lines that are shown on the plan. He said he tried to figure out where the 130 cars would be located on the site. Mrs. Terry said she was concerned about the cars being close to the road. She said she was concerned if the lot was lighted being so close to residences. They continued to discuss where the cars could be located while avoiding wetlands. Mrs. Terry read some comments made by the Department of Public Works (SEE ATTACHMENT C). Mrs. Terry said the Board members will visit the site to see if an alternate parking plan could be devised. The site plan  fpr 61 Granville Road will continue under review.
 
ROUTINE BUSINESS:
 
9:05 pm
 
Minutes
 
A MOTION was made by Mr. Utzinger and seconded by Mr. Sutton to accept the minutes of July 26, 2016. The motion passed unanimously.
 
Being no further business to be brought before the Board, A MOTION was made by Mr. Sutton, SECONDED by Mr. Phelps to adjourn at 9:06 pm  Vote was unanimous.
 
Respectfully submitted,
Ruth Preston
Planning Board Administrative Assistant