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Town of Hampden

Regular Meeting of Planning Board
7:00PM at the Hampden Town Hall
May 14, 2003

Approved May 28, 2003


Members Present:     John D. Flynn, Chair, Joseph A. Dolben, Melissa Reeves, Robert Majkut

Members Absent:     Joseph Kruzel

Guest - Michael Gerrard - Conservation Commission Chair

Minutes of Public Hearing Continuation and Regular Meeting   May 14, 2003

(1) Meeting was opened with a review of the minutes of April 23. Chair moved to approve, Reeves seconded and the minutes were approved 3 to 0 (Majkut abstained as he was not present at that meetings

(2) 7:05  Public Hearing Continuation  - Special Permit for a Common Driveway Lots C & D - ANR to Divide Lot 40 into C & D

Morton resubmitted the ANR with Town Clerk today.

Morton spoke to his request stating that he knew he needed proof that he would be able to provide access to both lots. He brought in a plan showing a blasted out driveway in Lot 2C and a driveway graded for Lot 2D (4/29/03 Sherman & Woods).

Flynn said that this was all one lot and when Morton decided to subdivide, one lot would have ledge frontage and would be a self-created hardship. Morton did not inherit the problem, but created it. The question is, is it a benefit to the Town to go with the common driveway. The blasted-in driveway meets the requirements, however not blasting is a benefit to the neighborhood, and therefore the Town.­

An abutter across the road, Paul Gagliaducci was present and said aesthetically the undisturbed ledge looks fine, and he felt that blasting might affect the land itself.

Since the ANR was refiled. the application for a common driveway was back  it was determined that Morton had proved he could gain access on both lots. The Board voted 4-0 to allow the Chair to endorse the ANR as presented (subdividing Lot 2B into Lots 2C and 2D.

Dolben made a motion to approve the common driveway with no building permits issued for 2C until satisfactory language is placed in both deeds to provide adequate enforcement of the driveway.  Flynn had noted that the Police Dept. did not approve of the common driveway as "such driveways have caused hard feelings and problems between those sharing the driveway..." Melissa seconded and it was approved by a vote of 4-0.

A look was taken at Driveway Bylaw 7.542.a.2.d.(6) stating that the radius on the curve needs 50' measured at the center line. Keith Terry, the engineer from Sherman & Woods said that can be changed by building permit application time. Public Hearing was adjourned.

Request to release bond to South Ridge Estates

Morton asked that a letter be sent to TJ Daley Insurance Agence in order that the surety bond be released. He gave the Board a copy of the final payment to Tighe & Bond. Clerk will check on payment and draft the letter.

(3) Continuation of Regular Meeting

Bills – Endorsed   ($163.95 in account after payment) WB MASON - $163.95-for supplies


Chair - John D. Flynn

Vice Chair - Joseph A. Dolben

PVPC Rep. Melissa Reeves

PVPC Alt. Robert Majkut

CPA Rep. John D. Flynn

The Board congratulated Dolben on his decision to run again adding 5 more years to his service. He was appointed in Nov.'90.

(4) Lantern Lane. - Update

Carolyn Dugan had called Majkut to get an update on the Lantern Lane /NAMYL property. She called for an appointment, however at this time this Board has no further information. Chair put a call into Gale Candaras with nothing substantial to report.


Kruzel was absent so there was no update. We did receive a publication from "The HRP ADVISOR" April, 2003 that said implementation of Phase II was delayed as the result of a lawsuit against EPA challenging the federal MS4 General permit regulations.


Flynn has a copy of the UPTON Rules & Regulations and gave them out for the Board to review in developing our. own "Rules and.Regulations".

(7) Appointment 8:00 Billy Pope, Atty Ray Blanchette

Mr. Pope purchased this lot in May of last year and said he is desirous of building a home on it. He reported he has been receiving conflicting information . (Note, he has called Clerk several times, spoken to Town Clerk, as has his attorney to research the lot, talked to Bd. of Appeals Chair. Clerk stated that the property has never been surveyed and he had mentioned going to Sherman & Woods. Clerk said he needed to have an engineer prepare this parcel to prove his intent, that the Planning Board only receives information regarding the buildability of the lot). He asked what role the Planning Board and Building Inspector play in this determination. Clerk prepared materials known for the members to use during this discussion. Blanchette brought in deeds showing the original parcel and the two lots sold off of it in ‘55 and ‘63 leaving this lot in its current condition. It lacks frontage for a regular lot and it isn't known if it can conform to the substandard frontage lot standards. It is a difficult parcel in shape and wetlands. The Board has no freedom to change the guidelines.

It was noted that perhaps his lot could be improved by purchase of backland from abutter Gorski, to meet the 100' side setback for the house. Pope said he would have a survey done showing lines of existing ownership and a proposed building envelope.

(8) Member Projects

Hillside & Ridgeline - Flynn said he had prepared the review for Gino Giannetti, Lot 3 South Road (former Ray Kibbe Parcel), but did not have a copy tonight. Bylaw regulations state this must be done within 35 days of submittal, but there needs to be a larger committee of volunteers showing interest in doing this review. Doug Farmer will be contacted to try to do an article to create interest in volunteers.

Member review of "Important Updates Regarding Affordable Housing”. Because of the compelling need for communities to be prepared in order to minimize the affects of unfriendly permit applications, Atty Leonard Kopelman has prepared material re: Important Updates under GL c. 40 B.Included is a set of steps a community should take before permit applications. (Comprehensive Permits)

Material was taken by Reeves to review as she worked on EO 418 in preparing a housing plan which must be updated yearly by the DHCD to determine if we are in compliance. Reeves notes that regulation would be handled by the Bd. of Appeals. This material sent to the Selectmen, forwarded to the Planning Board, was also forwarded to Richard Patullo, Chair of the Bd. of Appeals.


There was nothing local being prepared that members felt would be informative.


The Bylaws are on the computer under Town Government.

Meeting Adjourned:. 9PM

Next Meeting:                       May 28 @ 7:00pm  (Continuation of Morton Hearing)

Submitted By:                      Judith M. Jackson, Clerk                     Judy 566-8591