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Town of Hampden

Planning Board Public Hearings

7:00PM at the Hampden Town Hall

September 8, 2004

Approved September 22, 2004


Members in Attendance: John D. Flynn, Chair, Melissa Reeves, Joseph “Charlie” Dolben, Joseph Kruzel, Robert Majkut

Morton Case 2004-K, L, M, N Lots 6D-1, 6D-2, 6D-3 South Ridge Road– Meeting called to order at 7:00.

John Flynn, Chair, asked if there were any objections to running all the Public Hearings for the Special Permits at one time. There were no objections. Flynn read the Statement of Authority and the Public Notices that were posted in the Reminder on August 24 and August 31. Flynn explained Russ Morton, 12 Genevieve Drive, was taking approximately twenty six acres and breaking it into three substandard frontage lots with one common driveway. Flynn asked Morton after this process, would it pretty much close off more development in the future. Morton replied he was not sure if it would or not. The Board addressed the substandard frontage permits first. Flynn read a report from Lorri McCool; Board of Health Agent. McCool reports, they reviewed the site plan for Morton, South Ridge LLP for three lots with substandard frontage for Lot 6D-1, 6D-2, and 6D-3 on South Ridge Road. The size of each lot provided adequate acreage for the placement and setbacks of any proposed septic system and wells. The frontage will not interfere with these requirements. Mike Gerrard, Chair for Conservation Commission, was present. Gerrard was asked about wetlands on the property, he does not believe there is an issue there. Flynn went over the requirements of Table 7.2 for lots with substandard frontage in Districts R-4 and R-6. Minimum lot area: eight acres, which each lot has. Minimum square footage within 150 feet of the street: 9000 square feet, which each lot has. Minimum lot frontage: 60 feet, which each lot has.  Minimum front setback: 120 feet, which each lot has. Minimum side setback: 100 feet, which each lot has. Minimum rear setback: 100 feet which each lot has. As the compliance chart has shown the lots each meet all the dimensions for the Planning Board. In making a decision on a Special Permit the Board must consider protection of adjoining premises against any possible detrimental or offensive uses on the site, including unsightly or obnoxious appearance. Flynn explained that putting three houses on approximately twenty six acres would certainly not be unsightly or obnoxious. The Planning Board must also consider convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property or improvements. Flynn reported the vehicular movement is answered by the common driveway. Joseph Kruzel asked if all the lots did indeed have sixty foot frontage. Morton answered yes it is on the compliance chart on the drawings. Gerrard asked what the changes are from the original plan to this plan before the Board: and can he change the plan now. Joseph Dolben reported Morton can change his plans along as they meet the requirements of the Planning Board. Gerrard asked if Stormwater Requirements goes by the road or the lots. Kruzel answered in most subdivisions it goes by the lots surrounding the road. Richard Joseph, 18 South Ridge Road, is concerned: when looking at the new lot behind his house it appears it has been clear cut. That was not part of the original intent of the subdivision. Flynn interjected clear cutting is overseen by Ridgeline Hillside. Gerrard receives all the cutting plans from the state and will check to see if Morton has filed a plan. Flynn is very concerned that Morton is not following the Bylaws and keeps clear cutting. Gerrard felt Morton has a Harvesting License from the State and with that he is required to obey Town Bylaws and State Laws. If Morton does not the State can come in and stop him. Joseph reports the lot behind him is heavily treed and would like the lot reviewed before it goes any farther. Flynn stated if a violation occurs it should be reported to the Selectmen or the Building Inspector.

Flynn suggested the Board move on to the Common Driveway portion. Alan Berte, 10 South Ridge Road, presented the Board with a letter from all the neighbors. Berte reports the neighbors are concerned with:

The neighbors have grave concerns about the common driveway. Flynn said the Planning Board is black and white. We must follow the requirements for the Bylaws. Dean Perham, 19 South Ridge Road, asked what is better having a common driveway or three separate driveways? Flynn explained for the benefit of the Town and the neighborhood a common driveway would be as opposed to three separate driveways. Robert Majkut reminded Morton there are new driveway regulations and it would be part of the building requirements to follow. Melissa Reeves had a question about the radius of the driveway. Perham is worried that more houses can be put on this common driveway. Majkut assured him only four houses can be put on a common driveway. Flynn stated lots can not be resubdivided. These three lots can be supported by this common driveway.

Flynn added part of the Bylaw 7.542e.2 requires more information on the plan. It needs to have an engineering plan including the drainage system.

The Board voted to hold open both Public Hearing Applications until the next meeting on September 22, 2004. More information on the common driveway needs to be provided. An engineered plan for the common driveway. The Board needs to see the grade from the road to lots 6D-1, 6D-2, and 6D-3. Drainage System Plan and how it is going to interface with the road. Flow estimation and where it is going to go. The Radius on the curve to conform to the Bylaws. Also the material and what grade it is going to be.

Meeting in continuance at 8:35


Submitted by Jane Budynkiewicz, Clerk