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Town of Hampden

Regular Meeting and Public Hearing of Planning Board
7:00PM at the Hampden Town Hall
May 8, 2002

Approved:  May 29, 2002

Members Present:  John D. Flynn, Joseph Dolben, Melissa Reeves, Joseph Kruzel and Robert Majkut

The meeting opened at 7:00 with Joseph A. Dolben as acting chair.  Also, present were Melissa Reeves, Joseph Kruzel and newly elected and sworn in member Robert Majkut.  Chair John D. Flynn arrived partly through the first appointment, and continued as Chair during the rest of the meeting. 

Minutes of April 24 were reviewed.  Kruzel, who was listed as absent had in fact been present and had left just prior to adjournment when the May 15 meeting at the Delaney House was discussed.  Clerk mailed the information to him and a reservation was made in his name. 

Charlie requested that the wording on item (5) Dunkin’ Donuts be amended to state, instead of “No action from this Board is necessary,” it will read,…”Chair will draft a response to Ms. Moriarty as a courtesy, as action on the matter is outside the scope of the Board.” 

Minutes of April 24 were approved as amended.  (4-0)

(1) Appointment:  7:05 Robert Fisher:  ANR for Hitchcock

            Land between 15 & 16 Fisher Lane to be sold from Hitchcock to Fisher.  Engineer Alfred “Pete” Melien prepared the plan, which was recorded with the Town Clerk this morning. 

            Fisher explained that Ms. Hitchcock is selling her house and will sell him the remaining land over the 40,000 she is requiring to have in the R-4 district.  These homes were built with no frontage on an existing street and a 30’ right-of way coming in from Main Street.  This is a private way, and the lots are nonconforming.  The history of the old “Fisher Homestead” was discussed including an old variance issued by the Bd. of Appeals allowing the right-of way.  It was determined that the two houses are there, there will be no less frontage then before, it will be favorable to allow the land exchange.  (7:35 all members present.)

A motion was made and seconded that the ANR be endorsed.  It was agreed to unanimously (5-0) and the chair endorsed the plan.

Adjourn to the auditorium for the AVDOULOS PUBLIC HEARING

7:30:    All members present-Chair John D. Flynn read the “Statement of Planning Board Authority, the Public notice requesting a Special Permit to allow two substandard frontage lots be created at 169 Scantic Rd. and after introducing the members, Chair turned the presentation over to Paul Smith of Smith Assoc.  Also present and responding to the plan was Mike Mocko.

            Driveway location was discussed.  Avdoulos driveway is 10’ off the boundary line next to Doten.  The house owner will own his own driveway with about a 15% grade at points.  Peter Hatch, Fire Chief will be interested in the distance and regarding fire truck approach.  Flynn said the Ridgeline & Hillside Committee oversight would look into the driveway.  The driveway will measure approximately 1200’ from the street with no sharp turns.  The house will be located 100’ behind Scibelli at a minimum, as required in the Bylaw. 

The Tennessee gas 75’ right-of-way was discussed and seen as no problem to the house location. 

Hearing closed at 7:50.  The Board adjourned to the downstairs meeting room.

Discussion continued regarding the Avdoulos lots.  Mike Mocko said there are variable slopes that bench off at the top.  The entrance area is within the Ridgeline & Hillside and driveway construction will bring it in.  A condition will be attached to the Special Permit that the driveway is subject to review by the Fire Chief and the Planning Board. 

The ANR as submitted was endorsed with the recording being done at his own risk, as there is a 20-day appeal period after the filing with the Town Clerk. 

(2) Appointment:   8:00 Ray Kuselias-concept Burleigh Rd. lot  

            Charlie recused himself being an abutter who uses the right-of-way to the Kuselias parcel.  Kuselias has 9.5 acres that has 73’ frontage in Wilbraham and 28’ in Hampden.  He said he was recently given a right-of-way to use the driveway, which he said was his all along.  This allows him access into his property.  Under 7.2.4, he wants to know if he has a building lot.  Chapter 40A, Section 6 requires 50 ft. of frontage for all lots created 27 yrs. Ago according to Kuselias.  Part of the 50’ is in Wilbraham, and it is not clear if this is an issue.  The front of the parcel on Burleigh Rd. could not be used, as it would be difficult to bring in enough fill to make it up to code.  Kuselias wants an answer, but the Bd. could not give one until the required work is done on a Special Permit Application. He does not want to build immediately, but wanted to know the status as the Board sees it. 

(3)  E0418

            A memo was received from E018 Interagency Work Group noting extension of the deadlines up to Dec. 31, 2003.  Members were given a copy as well as a copy of the “Letter from the Office of Government-West, RE:  Community planning GIS data basted program for all Mass. communities. 

(4)   Election of Officers

Dolben s up for election next year and it is traditional to offer the Chairmanship to that member.  Dolben said he wouldn’t offer the Chairmanship to that member.  Dolben said he wouldn’t mind being Chair, but since J.D. Flynn has done a good job and would like to continue, he would nominate J.D. Flynn for chair.  The Board voted unanimously to appoint Flynn as Chair and Dolben as Vice-Chair.  Melissa Reeves will continue on as PVPC Representative.

(6) Driveways

            Members were given 13 p. covering driveway regulations as sent to Flynn from Jane Santaosuosso of the DHCD to review for discussion at the next meeting.  This might be appropriate to put in the General Bylaws. 

(6)   Dunkin’ Donuts

            Chair spoke to Rick Moriarty about the Board’s concerns regarding his mother-in-law’s fall at the Mini-Mall after being struck by a car in Feb.  We also received a copy of the Selectman’s 4/23 letter to Linda Moriarty stating that they will recommend that the Planning Board investigate a remedy for this.  This safety issue can only be addressed through the Police Dept. as it seemed to involved a driver error issue. 

(7)   South Rd. Estates-  Acceptance at Fall Meeting

Chair said he would write to Morton and ask that he wrap everything up early, so that it will be ready for the Fall Town Meeting.

(8)  Area Meeting of the Fed. of Planning Board

John D. Flynn is the area director and asked that we all show support by attending the meeting on May 15 at the Delaney House at 5:30-6:00 for registration.  Clerk mailed in six reservations and meal choices.

(9)  Fee-Special Permit

The Board voted unanimously 5-0 to create a fee of $75 for future Special Permit requests.  This is the same amount as put on the Bd. of Appeals application requests.

Meeting Adjourned:   9:10 PM

Next regular meeting on odd meeting night:  May 29

Submitted by:   Judith M. Jackson, Clerk