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Town of Hampden

Regular Meeting of Planning Board

7:00PM at the Hampden Town Hall
January 14, 2004

Approved January 28, 2004

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

Member Absent: Joseph Kruzel

PUBLIC HEARING on the petition of Russell Cable to allow the building of a single family home on Lot 5, South Road. A Special Permit is required under Zoning Bylaw Section 7.2.4.

Chair opened the meeting by reading the governing rules and the Public Hearing Notice. He introduced the members, and then asked Russell Cable to present his case, documented in the Planning Board file as CASE 2004-A.

Gary Weiner of ECOTEC introduced himself and said that Russell Cable has an option to purchase this lot from Ray Kibbe. Abutters needed to be notified. He said the lot was perked and the septic system was accepted by the Board of Health.

He noted, on a plan displayed on the Chart stand, the entrance to South Rd. noting it needed a minor amount of work and a small cut would be needed. Safe access will be provided as the current cart path is realigned to come in at 90°. The wood road will need to be widened to 12' according to standards required. It is at a 2% grade as it enters South Rd., reaches 10.7% for 400' and then is at 8% where the road splits to go around the proposed home. It is to be built on a plateau, not on the ridge line. It is located beyond the 100' minimum required from any boundary line.

Weiner noted that drainage runs along the south side of the driveway and will be left as it now runs elevating the north side so that it can be used as it currently functions.

Pete Leveque has looked at wetland issues and said there is an intermittent run-off area and no wetlands. No new water will be introduced and there will be a culvert pipe across the driveway.

Flynn read submitted responses from the Historical Commission and the Police Dept. The Historical Commission approves of this use and has asked permission to walk the property prior to construction. Mr. Cable agreed to this. The Police Dept. sees no safety issues.

Due to the elevation of this house location, plans are being presented to the Ridgeline and Hillside for review.

Flynn asked about the make up of the cart path and was told that the bit. conc. paving will be brought up 30-40' and then crushed stone would be used.

Majkut asked if the run-off cuts would control drainage. Weiner said they would kick the grade to the inside to control drainage. It moves by sheet flow.

Chair read 7.2.4 requirements of the Planning Board in making its decision. He went over each requirement as Weiner responded.

Since there were no more questions from the Board, the public was invited to respond.

Bruce Perri, 340 South Rd. {house next up) asked Chair if he has thought about a fire truck getting up there.

Majkut responded about the revisions to the Bylaw in April '03 whereby the fire chief will review the driveway and the driveway must be maintained to allow safe passage up to the structure.

Perri noted there is a steep drop-off to the right side. He asked if Cable would be willing to put strong guard rails on the upper side to prevent a fire truck from rolling off. Perri has walked the area many times and showed that he was very concerned. Majkut again explained the updating of the Bylaw and its discussion at Town Meeting. He said Cable won't be required "to build it like a super highway", but the bylaw puts the burden of responsibility on the homeowner.

Perri also noted that the telephone lines going up to the home will be unsightly.

Charles Clines, 91 Colony Dr., commented about the number of trees to be cut. Weiner couldn't tell him the number. The comment was made by Cline that the trees would probably prevent anyone from viewing the poles.

Cline asked if this was a "scenic way". The response was that we do not have a scenic way bylaw, however the Historical Comm. has been looking into it.

There is a stone wall into the 60' entrance way which will be relocated. Ray Kibbe said that this stone wall was built when Mr. Leadbeater built his home and was built in the Kibbe right-of-way. Weiner said Mr. Cable will work with Leadbeater in moving the wall. There is also a tree that does not need to be impacted. They will try to work around it.

Kathleen Hutchison, 327 South Rd. asked if this would devalue the property of the abutters.

Jeff Leadbeater, 326 South Rd. asked who put in the septic pins, as the fellow got stuck and Leadbeater had to pull him out. It was determined that Bob Caffarelli did the septic plan.

Ray Kibbe said there is very little water up there and when it is no longer a cart path, but a fixed driveway it will be approved. Leadbeater commented that there is considerable seasonal run­off and logging and deforestation will have an effect. He is worried about his well, his septic and the excavation noise.

Cline said there are state regulations regarding hours of operation. These can be discussed with the operators.

Public discussion was closed at 8:15.

The Board discussed issues with Cable and then put the Special Permit to a vote. Dolben moved that the Board approve the application for a Special permit to allow the waiving of the requirements of Table 7.2 for this lot with substandard frontage in the R-6 District with the condition as follows:

Motion was seconded by Melissa and the members voted 4-0 to grant the Special Permit.


Regular Meeting was begun with the review of minutes from Dec. 17. These were accepted.

The minutes of Jan. 7 , 2004 were reviewed under Item #1, 3rd para. the words "Kibbe Lane must be brought into compliance" are to be deleted. With this correction, the minutes were accepted.

(1) Denise Spencer RE: Home Occupation in home at 25 Pinewood Rd.

Denise was asked to submit a letter of intent, which she agreed to do. She commented that she is also opening an antiques shop next to the bagel shop on Somers Rd.

(2) Appointment Dan O'Brien and Ed Speight   SCANTIC MEADOWS

The developers were looking for verbal approval tonight, but with Joe Kruzel absent a super majority was not present to approve the plan.  Dolben had missed the Public Hearing, so could not vote on this subdivision.

Since the performance guarantee had not been discussed and under Ch. 41, 81U security must be provided before endorsement of approval it was decided to discuss this. Antonio da Cruz usually sets the amount and the Board goes with this figure. A covenant can be set on the land and then a pass book submitted once work gets going.

No lots can be deeded out until a surety is in place, however Speight can take deposits and deal with potential buyers behind the scene.

The Tennaco letter needs to be signed and returned.

The Board approved the waiver regarding pipes to be used. The sidewalk issue was still put on hold.

A letter from da Cruz dated today was reviewed. It was mainly directed toward the expected application to the Conservation Commission.

O'Brien brought in final sets of drawings. He took one set to mail to Tighe & Bond.

The Board will look to giving verbal approval at the next meeting with all urged to attend.


Majkut said he would need to be recussed from action on this subdivision as he has been doing business at work with Bill Lemieux.

(4) Assistant Planning Board Clerk - The Board has been looking for an assistant Clerk to learn the job and take over for Judy's leaving the Board at the end of the fiscal year. The Board voted unanimously to hire Jane Budynkiewicz who submitted an application and attended tonight.

Meeting Adjourned: 10PM Next Meeting: January 28, 2004

Submitted by:

Submitted by Clerk, Judith M. Jackson