Minutes of the Hancock Planning Board Meeting

November 17^th, 2010

 

Members present: Tom Bates, Carolyn Boland, Steve Froling, Dan LaPlante, Roberta Nylander, and Linda Coughlan, Recording Secretary

 

Others Attending: John Champ, Kevin Delaney and Richard Voci from Industrial Tower & Wireless, Phil & Hunter Mathewson and Stephen from Greenfield (last name not legible)

 

7:00 P.M. – Froling called the business portion of the meeting to order. The minutes of the October 20th meeting were accepted as presented. Froling mentioned the correspondence that had come in for the PB which was a copy of the "Capital Improvements Report" and two issues of "Town and City" for anyone interested in reading either of them.

 

Froling called to order the continuation of the hearing for the application by Industrial Tower and Wireless, LLC for a minor subdivision on Tax Map R08, Lot 76A on 160 Norway Hill Road. He asked the applicants if they wished to proceed since there were only 4 members present. They said they did wish to proceed with the four members present. (Dan LaPlante arrived after the hearing had begun making the total number of 5 members present).

Froling began by noting that at the last hearing the applicants had filed an amended plat marked revision E and dated October 15^th. This showed a new driveway configuration and added notes #8 and #9, changes which had been at the Planning Board's request.

 

Froling went on to say that at a November 10^th ZBA hearing, the applicants had been granted a Special Exception to Article 15.6.2 Rights of Way to New Backlots. He mentioned the 30 day appeal period for decisions made by the ZBA. Froling asked the Board if they had any questions regarding the ZBA decision and there were none.

 

Froling said he had the following two questions for the applicants regarding the minor subdivision.

 

(1) Under Article 10.3 Lot Size Determination, Froling read, "areas within the Wetlands Area Conservation District may be used to fulfill 25 percent of the minimum lot size required by town ordinance and subdivision regulations, provided that the non-wetland area is contiguous and sufficient in size and configuration to adequately accommodate all improvements and required utilities such as sewage disposal, including primary and auxiliary leach field locations and water supply." Froling said the wetland area should be sufficient for this use since it would only be for the cell tower with no septic or well required but that the Board's determination should not be construed as a determination that the lot would be suitable for other uses. All members of the Board concurred.

 

(2) Under subdivisions regulations 14.2.1, Froling read, "Each proposed Back Lot shall have not less than 50' of Frontage on a Street together with sufficient land, owned in fee as part of such Back Lot and not less than 50' in width, to provide appropriate access to such Back Lot." Froling noted that the ROW would ordinarily be required to be "fee owned" land but said Board has the power to waive this under Section 31 of the subdivision regulations. He recalled that the purpose of this regulation was to avoid neighbor to neighbor disputes in residential areas. Since there would not be ordinary neighbors, Froling moved in this instance the regulation be waived and listed the following reasons:

      1)      both users are commercial companies;

2)      both will have signed an agreement with the town assuming joint and several liability for driveway maintenance

3)      the traffic movements will be minimal and

4)      use of the lot is limited to cell tower use and

5)      two driveway cuts at this location would be problematic.

 

The Board voted unanimously to waive this provision of 14.2.1.

 

Froling asked the Board if they had any comments or questions regarding the application. There were none.

 

Froling asked the applicants if they had brought the Mylar. Richard Voci said they had not. They were waiting for their surveyor to pin the corners and record them on the Mylar. Voci asked if they could drop off the Mylar anytime at the office after the marking was completed and Froling said they could. Froling added that the Board will not sign the mylar during the ZBA's 30 day appeal period but could do so at anytime after that.

 

There being no further comments or questions from the Board, Tom Bates moved that the Board approve the application for a minor subdivision. Nylander seconded and the Board voted unanimously to approve the application.

 

Froling moved that the Chair and Secretary be allowed to sign the Mylar when submitted without holding a further hearing. The Board voted unanimously in favor of this.

 

The applicants thanked the Board for all of their time spent in this process.

 

John Champ asked if they should complete the drive way permit prior to the building permit, and Froling said yes, the building permit required a completed drive way permit beforehand.

 

There being no further business, the meeting adjourned at 7:30 P.M.

 

Respectfully submitted,

 

 

 

Linda Coughlan

Recording Secretary

 

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