WARE PLANNING BOARD
MINUTES
AUGUST 15, 2007
PRESENT: Chris DiMarzio
Ken Higney
Joe Knapp
Rick Staradoj
7:00 OPEN MEETING
MINUTES OF 07-18-2007
RESIGNATION OF JOHN CHABOT
INFORMATION – DULAK – PROPERTY
Faith and Bernie Dulak present
Would like to buy property from abutter
Board Would make the abutter’s lot more non-conforming – can not allow under Chapter 40
7:05 OAK HILL ESTATES SUBDIVISION
Hearing re-opened at 7:10 pm
John Podkowka and Bill Garrity present for Applicant
Garrity Peer Review concerns were with regard to Storm Drainage and Roadway
We are in agreement with the concerns of the peer review
Peer Review suggested that the Homeowners Association be responsible for
the sanitary sewer and easement maintenance. Garrity does not agree because
there will not be any continuity of service. Gibby is taking this into consideration.
A.Pelski Abutter concerned about the Aquiver Re-Charge Protection Zone
Is some of the property located within this zone
Garrity The existing flow of water will remain the same after property developed.
Garrity will check with Gibby and Kevin Read about map and Aquiver.
A.Pelski What about the water that comes down the hill?
Garrity We have met pre and post drainage calculations
We believe the water comes from another source uphill
We have added modifications for water retention after peer review
Starodoj Will subdivision be built in phases or all at once ?
If constructed in phases; a temporary cul-de-sac is required
Applicant responsible for road repair and maintenance
Has to have 75% build-out before top coat can be applied
If you request lot releases, need bond or some type of performance guaranty in place.
DiMarzio Do you expect any gravel to be taken off site?
Garrity No gravel will be removed from site
DiMarzio There are periodic inspections and reviews required by subdivision by-law
Possible Conditions
Please note: Once the Decision is signed and filed with the Town Clerk, that there is a twenty day appeal period, in which you or anyone else may appeal this decision. Once the appeal period is over, the Town Clerk will contact you.
The approved plans to be recorded with the Hampshire County Registry of Deeds; Proof of recording with Plan Book and Pages submitted to Planning Board Office.
Seven (7) full copies of the approved signed and recorded plan to be submitted to the Ware Planning Board Office. The Planning Board will distribute copies to the following:
· Building Inspector
· Conservation Commission
· Town Assessor’s Office
· DPW
· Town Clerk’s Office
· Planning Board
· Board of Health
Hours of Operation during Construction:
Monday – Friday 7:00 am to 6:00 pm
Saturdays 7:00 am to 3:00 pm
No Work on Sundays or Major Holidays
Major Holidays include: New Years, Memorial Day, 4th of July, Labor Day,
Columbus Day, Thanksgiving and Christmas
An As-Built Plan with all sewer connection locations submitted
Lighting at the intersections to be erected; cost of the electricity to be the responsibility of the Oak Hill Estates Homeowners Association.
Maintenance of all Detention/Retention Ponds to be the responsibility of the Oak Hill Estates Homeowners Association.
Traffic Control Signs to be provided by the Developer in cooperation with the Town of placeCityWare.
Grading Stakes to be in place on site during all times of construction
Dust, Debris and Noise to be kept at a minimum during all construction
No gravel or soil of any kind to be removed off-site without the approval of Ware Planning Board.
Daily maintenance of roads during construction
Dust, Noise and Debris to be kept at a minimum
No Dust to leave site that will adversely affect neighbor’s property
Any damage to roads at the entrance, during the construction phase, to be repaired by applicant to the satisfaction of the stocktickerDPW Superintendent.
Maintenance of all Cisterns to be the responsibility of the Oak Hill Estates Homeowners Association.
A Maintenance Schedule of the Detention Ponds and the Cistern to be recorded at the Hampshire Country Registry of Deeds and a copy of the Maintenance Schedule to be on file with the Ware Planning Board Office, The Ware stocktickerDPW and the Ware Fire Department.
A completed copy of the Oak Hill Estates Homeowners Association to be on file with the Ware Planning Board and the original to be recorded at the Hampshire County Registry of Deeds, with proof of recording given to the Ware Planning Board.
The applicant or any future owner of this development shall, at his cost, retain the Professional Engineer of Record to perform Construction Observation services throughout the duration of construction. Construction reports shall be provided to the Ware stocktickerDPW at all milestones of construction and, as a minimum, no less than every two weeks.
Subsequent Owners need to abide by all conditions set out in approval
Complete Compliance with Peer Review and satisfaction of DPW Superintendent
KH MOTION TO APPROVE OAK HILL ESTATES DEFINITIVE SUBDIVISION
BUT NOT SIGN PLANS OR FOLLOW THRU UNTIL APPLICANT GOES THRU
WARE CONSERVATION COMMISSION
RS SECOND
ALL IN FAVOR
CONTINUED TO OCTOBER 17, 2007 AT 7:05 PM
7:45 DEBBIE JACQUE – INFORMATION – DOG GROOMING – RR1
Grooming is a SERVICE Business, which is not allowed in RR1
Grooming Business is no boarding or overnight of animals
Board Kennels are allowed by SP in RR1, which includes grooming
Kennels are perpetual care of dogs
8:15 ED CAMPBELL – INFORMATION – EARTH REMOVAL – CAMPBELL ROAD
Ed, Corrine and Rob Campbell present
Would like to level and extend field (3.9 Acres) for Agricultural use
Land is in Agricultural Protection
DiMarzio Would suggest that you first check with State because you may be able to remove under Agricultural
DISCUSSION
Board and Campbell’s discussed difference between removing gravel for agricultural use in a short period of time and removing gravel over a long period of time, selling.
Higney Would like to see a time table and controls
Would like to see letter from state saying incidental to agricultural use
8:15 MASONIC HALL – INFORMATION ABOUT DIVIDING PROPERTY
Masonic Hall looking for guidance in dividing property
Board suggested trade-off with Town of CityplaceWare to gain more frontage
placeLot requirement is 125’ and 12,000 sf in zone
8:30 21 PLEASANT STREET – INFORMATION ABOUT CHANGE OF USE – JOY
Joy Hinton present – property is old funeral home on corner Pleasant and addressStreetChurch St.
Would like to convert two-family to four-family condos
Board explained that town recognizes two-family, etc. but not condos
Need 1 ½ parking space per unit. (parking space measures 9x12)
Presently the house has 4 kitchens, 4 full baths and 8 exits.
Board Advised Joy to contact Building Inspector for a walk-thru
Perhaps it can be determined that delineation of building constitutes a 4 family
Possibly have to file a Special Permit
Joy will contact Building Inspector and return to PB on September 5, 2007
8:35 JERRY RICHARD – STRAWBERRY FIELDS – INFORMATION – LOT RELEASE
Jerry would like to build on frontage lot (addressStreet#217 Greenwich Road) but have the driveway come out onto addressStreetPenny Lane. He would put binder coat down up to and past the lot on addressStreetPenny Lane.
Board Advised him to check with Gibby for curb-cut
Advised him that if he wants any lots inside the subdivision released, he will need to
Put in a temporary cul-de-sac and base coat.
9:25 ANR – JURCZYK – WEST STREET
Form A’s and check #4918 for $30 submitted
Proper frontage and area and set-backs
KH MOTION TO ENDORSE AS PRESENTED
RS SECOND
ALL IN FAVOR
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