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Town of Hampden

Planning Board Public Hearings

7:00PM at the Hampden Town Hall

September 22, 2004

Approved October 13, 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 reconvened at 7:00.

Russ Morton, 12 Genevieve Drive, explained the revised plans for the common driveway were not done in time for this meeting. The engineers on this project; Sherman and Woods, 3 Converse Street, Palmer, MA, were backlogged with work and could not get the plans completed on time. The plans will not be ready for approximately another week. Morton requested the Board move ahead with Special Permit applications for substandard frontage lots 6D-1, 6D-2 and 6D-3. Morton asked the Board if they were willing to continue the Special Permit for a common driveway hearing until the next meeting on October 13, 2004 when hopefully the plans would be ready. Morton explained the buyer needs the signed plans for bank purposes. The Board agreed.

John Flynn read a letter from Mike Gerrard, Chair, Conservation Commission, addressed to Mark Barba, Selectman. The letter notified the Selectmen it had been observed that Morton has violated the Ridgeline Hillside Bylaws by clear-cutting several trees on South Ridge Road. The Bylaws Gerrard feels Morton has violated are Sections 6.105, 6.106, 2d, no valid forest cutting plan in place, 6.107, 2a, 2b, 4b, 5a, 5b, 6.109, 1, 2, 3, 4 (a & b), 5 and 6.1091 1,2. Gerrard also notified James Soper, Program Supervisor, Service Forestry Program, Department of Conservation and Recreation. According to Morton, Carmine Angeloni and James Soper went out to the site on South Ridge Road on September 7, 2004 and said everything looked ok. Morton asked Soper to call Flynn and Gerrard and let them know everything was fine. Flynn has not received any call from Soper or Angeloni. Morton is waiting for documentation from Soper to show everyrhing on the property is fine. Morton assured the Board there has been no cutting since August 25.      

The Board feels the intent for a common driveway is a good intent. Having three separate driveways within one hundred feet of each other would be a safety issue. Joseph Kruzel feels it is more reasonable to have a common driveway than three single driveways. Better documentation is needed for the Board to see all the Bylaws are met.

There are concerns with the Board for Lot 6D-3 and the setbacks. A Ridgeline Hillside review must take place before any clearing takes place even for the driveway. Patrick Coyne, 20 South Ridge Road, feels the site looks like it ready to go; trap rock is down in the driveway. Coyne feels they are moving forward. Morton told the Board the trap rock was for access to the site.

The Board voted on Special Permit K, L, and M Substandard Frontage Lots and approved unanimously with conditions. The conditions are as follows;

1.)    The common driveway must be in compliance with Hampden Bylaws and the engineered plans must be approved by the Planning Board before a building permit can be issued.

2.)    Follow up from James Soper, Program Supervisor, Service Forestry Program, Department of Conservation and Recreation.

3.)    Seventy five (75) feet of undisturbed natural buffer on Lot 6D-3 for rear line behind Lot 4C and 5D.

4.)    All Lots subject to review by Hillside Ridgeline.

5.)    No further action or clearing on 6D-3 until the Board approves suitable language protecting undisturbed natural buffer on Lot 6D-3 for rear line behind Lot 4C and 5D.

The common driveway Special Permit Hearing 2004-N is still pending and continued until the next meeting which is on October 13, 2004.


Submitted by Jane Budynkiewicz Clerk