TOWN OF PALMER
Planning Board Meeting Minutes
December 14, 2009, 7:00 pm,
Town Administration Building, Meeting Room.
Chairman Michael Marciniec called the meeting of the Planning Board to order at
7:00 PM. Present were members Norman Czech, Diane France, James Haley, Jr., and Thomas Skowyra. Also present were Town Planner Linda Leduc and Principal Clerk Mary Watson recording the minutes.
7:00 PM-Continuation of the Special Permit for Nu-Way Home, Inc to allow access to a lot other than through it’s legal frontage for the property located on Thompson Street, Palmer.
The applicants John Handzel, Sr., and John Handzel, Jr., were present along with Donald Frydryk of Sherman and Frydyrk Land Surveying and Engineering.
M.Marciniec stated that a letter dated December 10, 2009 was received from Attorney Mark J. Beglane of Bacon and Wilson Attorneys at Law.
A motion was made by N.Czech acknowledging receipt of the letter from Attorney Mark Beglane dated December 10, 2009. J.Haley, Jr., seconded. The vote passed (5:0).
M.Marciniec reviewed the letter with the Board and stated that the Board had requested a copy of the title search allowing the use of Christine Street from Attorney Beglane, however the information was never received before the meeting.
L.Leduc stated that the Board is not giving permission to cross the land and are only giving approval for the access through Christine Street.
Barbara Wilder, whose property is located on 9 and 11 Carter Street, was present.
D.Frydryk reminded the Board that the applicant is proposing access through Christine Street due to the fact that there would be fewer disturbances. If access occurs on Thompson Street, fill would be needed and many trees would be cut since the area is very steep and due to safety reasons since Thompson Street has more traffic.
M.Marciniec stated that Attorney Beglane advised him that there was an approved subdivision on Christine Street, therefore documentation of the subdivision and the title search was requested but never provided by Attorney Beglane.
B.Wilder stated that many years ago, an abutter named Charlie Carter, gave Wayland Street and Christine Street to the town along with Carter Street and these streets are no longer privately owned.
B.Wilder also stated that she has a problem with the applicant coming off Thompson Street because her garden, leach field and septic are in the vicinity and the disturbance would cause more flooding onto her property.
D.Frydryk stated that there is no documentation in the Town Clerks office stating that Christine Street is a public street, however it did go to a town meeting but unsure of why was never accepted.
L.Leduc stated that the permit should have a condition, as suggested by Attorney Michael Ciota, stating that the approval of the submitted plan shall not be construed as being the Planning Board’s acceptance of the applicant’s use of the abutting property.
A motion was made by J.Haley, Jr., to issue the Special Permit with the above mentioned condition. D.France seconded. The vote passed (4:0:1). M.Marciniec abstained.
7:15 PM-Letter from Attorney Charles Ksieniewicz dated December 7, 2009.
M.Marciniec advised the Board that a letter was also received from the Building Inspector/Zoning Enforcement Officer dated December 14, 2009 stating that he is unable to attend this meeting as requested by the Planning Board.
M.Marciniec stated that the letter from Attorney Ksieniewicz is regarding the parcel located on 3012-3014 Pine Street, Bondsville and the issue of the two-family home that was constructed and the disagreement from the Building Inspector of the property being sold as condominiums.
M.Marciniec stated that Attorney Ciota had advised that the Board cannot regulate ownership only the use and therefore Attorney Ciota had advised not to have Todd Kortekamp, the builder, apply for a Special Permit for a condominium.
Discussions were held regarding the current language in the Zoning Ordinance.
Currently the Zoning Ordinance states that a Special Permit is issued by Planning Board to allow condominiums in the Suburban and Town Residential districts.
M.Marciniec stated that there is no money in the budget to allow for the amendment.
The Board agreed that this would be a case by case basis.
Meeting Minutes of November 30, 2009-A motion was made by D.France to approve the minutes as amended. N.Czech seconded. The vote passed (4:0:1). Member J.Haley, Jr., abstained.
A1 Transmission update-for the property located on 1132 Thorndike Street. A letter dated December 2, 2009 was sent from the Board to Richard Rollet, Zoning Enforcement Officer, requesting that he investigate the site since an inquiry had been received pertaining to screeners and large gravel piles and processing that may be occurring at the site.
This letter was also sent to the Town Manager, Matthew Streeter, the Conservation Commission and Ronald Masnicki.
Zone Change-for the property located at 1524 Park Street. M.Marciniec stated that the Town Council, at their meeting this evening, would be referring the zone change to the Planning Board. The parcel, owned by Ruport Realty, LLC, is currently residential and proposing to change to the Highway Business Zone.
Knox Pond Construction Report # 25-A motion was made by N.Czech acknowledging receipt of the report. D.France seconded. The vote passed (4:0:1). Member J.Haley, Jr., abstained.
Michael Ciota-an email dated December 14, 2009 was received advising that Attorney Ciota will no longer be established at the law offices of Ciota, Starr and Vanderlinden and is moving to the City Hall in Fitchburg. He will resume working with the Town of Palmer.
Energy Grant Update-L.Leduc stated that the application was delivered on December 7. The results would be received in the next couple of weeks.
7:40 PM-A motion was made by T.Skowyra to adjourn. N.Czech seconded. The vote passed (5:0).
James Haley, Jr., Clerk
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