BELLINGHAM
(508) 966-0991; FAX
(508) 966-2317
PlanningBoard@bellinghamma.org
February
22, 2007 Meeting Minutes
·
Present at the meeting:
Brian J. Sutherland
(BJS) Chair
Glenn C. Wojcik (GCW),
Vice Chair
David Brown (DB)
Secretary
Thomas J. Guerin
(TJG),
Roland R. Laprade
(RRL),
Stephen Bartha (SB)
Other officials: Stacey J. Wetstein, (SJW) Town Planner
Amy Cook, (AC),
Commission on Disabilities
Mary Chaves,
(MC) Coordinator
BJS opened the meeting at
Dunkin
Donuts Noise Mitigation Discussion
BJS reviewed the circumstances surrounding the noise
mitigation monies for Dunkin Donuts. He
let the applicants know that there would be no further funding by Dunkin Donuts
beyond the $40,000.00 currently available for distribution.
SJW advised the Board that an applicant had been approved
for monies for fencing but requested that they be allowed to use the funds for
Douglas fir trees as it would be better esthetically.
RRL: Motion to allow
for large trees rather than a fence for
DB: Second.
Vote: 5-0 Approved.
Leigh Ramuni,
RRL: Motion to award maximum of $1753.78 upon proof of
completion of work to be received in the Planning Office by
DB: Second.
Vote: 5-0, Approved.
The Ramunis commented on the noise from the trucks at
Nancy Forbes,
RRL: Motion to grant maximum of $1753.78 pending receipt of
final payment.
DB: Second.
Vote: 5-0, Approved.
Marek Rutowski,
RRL: Motion to award maximum of $1,753.78 upon proof of
completion of work to be received in the Planning Office by
DB: Second.
Vote: 5-0, Approved.
Mr. Rutowski commented that the trucks often were speeding
and there was inappropriate use of breaks causing a great deal of noise in the
early morning hours at approximately
Dean Stone,
RRL: Motion to award maximum of $1,753.78 upon proof of
completion of work to be received in the Planning Office by
DB: Second.
Vote: 5-0, Approved.
William Smith,
RRL: Motion to award maximum of $1,753.78.
DB: Second.
Vote: 5-0, Approved.
John Murphy,
RRL: Motion to award $1,045.00.
DB: Second.
Vote: 5-0, Approved.
Lorraine Spencer,
RRL: Motion to award
maximum of $1,753.78
DB: Second.
Vote: 5-0, Approved.
DB recused himself from the discussion as a Board Member and
sat in the back of the room. He is a direct abutter and his family had
interests in the project at one time. SB
will vote on the special permit.
Attorney Allan Greenwald and Mark Allen the developer
appeared on behalf of Crystal Springs Condominiums. BJS advised them that the Board had met with
Town Counsel for a review of the submitted materials supporting the applicant’s
contention that the Special Permit had not lapsed. Town Counsel gave the Board
the reasons why he was of the opinion that the special permit had lapsed.
As stated in the original special permit, the project was to
be phased and a report was to be generated to the Board annually. Annual reports had not been supplied to the
Board since 1988. Also, additional sewer
capacity was never requested when available.
BJS stated that the Board is not opposed to development on the site, but
they wanted to make sure that the Board made the right decision regarding the
status of the special permit. He also stated that since the time the permit was
granted significant changes had been incorporated into the town’s bylaws. Since no action had taken place for Phase III
for over fifteen years, it was unreasonable to assume that the permit could be
modified to reflect a new plan without abiding by the current zoning bylaws.
Attorney Greenwald argued that in his opinion the
There was much discussion about the availability of sewer,
intent shown in continuing development and lack of submission of plans annually
as required by the Special Permit. SB stated that the ball had been dropped when
no initiative was taken to secure sewer gallonage when it became available in
1991 and that plans were not submitted annually as stated Special Permit. The
development rights were also discussed.
They had been assigned to Verne Brown at one time. A letter from the Board of Governors of the
Condo Association to Verne Brown, holder of the development rights, was
presented indicating that in 1996 they had no plans to develop. Since that time Mr. Brown’s development
rights have lapsed and the right is that of the condo association. When BJS
asked Attorney Greenwald who held the development rights at the time sewer was
available, Attorney Greenwald stated he did not know.
Martin Roche, condo association member, stated that they did
not realize that they needed to do anything.
Carolyn Childbare,
RRL: Motion to deny
modification to special permit based on the opinion that the special permit has
lapsed and to deny the development plan review based on the fact that since the
special permit has lapsed the development plan becomes an incomplete submittal.
GCW: Second.
Vote: 5-0, Approved.
Planning
miscellaneous
Judith Katz asked about procedures for major proposal over
50 units. BJS stated that a concept plan for a development over 50 units or 100
bedrooms would need to be approved by the Planning Board and then voted on at a
Town Meeting. The Planning Board
hearings would be posted in the newspaper and abutters within 300 feet of such
a development project would be notified.
MC advised the Board that the ZBA decision for Lakeview
Estates would be appealed by the applicant, and asked the Board comment on the
MEPA study before Monday. BJS directed
SJW to send a comment letter.
RRL: Motion to sign minutes of February 8, 2007.as amended.
DB: Second.
Vote: 3-0 Approved (only those present voted).
RRL: Motion to sign vouchers.
GCW: Second.
Vote: 5-0, Approved.
TJG asked about newly constructed building on
RRL: Motion to
adjourn.
TJG Second.
Vote: 5-0, Approved.
Minutes
Accepted on: _______________________
______________________________________
(Date) (Prepared
by: Mary Chaves)
__________________________________________ ______________________________________
Roland
R. Laprade Brian
J. Sutherland
__________________________________________ ______________________________________
David
Brown Glenn
Wojcik
__________________________________________
Thomas
J. Guerin