FINAL MINUTES OF PUBLIC MEETING

 

Board members present: Bruce Kullgren, Randy Martin, Ted Petro, Alan Pickman, Rae Barnhisel, Marty Connolly, Ex Officio Sherry Fiske

 

Call to order by B. Kullgren at 7:30 p.m. 

 

1.             7:30 p.m. Motion by R. Barnhisel, seconded by T. Petro to accept minutes of 3/6/02.  Voted affirmative.  No quorum for 3/20/02 meeting due to snowstorm.

 

2.             7:55 p.m. Election of officers.  Motion by M. Connolly, seconded by R. Barnhisel to accept Bruce Kullgren as chairman, Randy Martin as vice chairman and Alan Pickman as secretary.  Voted affirmative.

 

3.             8:00 p.m. Brian Kullgren spoke to the Planning Board regarding Mr. Kantner and zoning issues.  He felt the Selectmen did not adequately address past issues.  He requested a written opinion from the Planning Board on zoning regulations.  He read from a undated letter he had written to the Selectmen with several questions (see attached).  He stated he may go to the Zoning Board of Adjustment or a court of law in the future.  He would like to know if the Planning Board considers the items listed as allowed uses of property.  He was not concerned about an apartment in the barn as it may not be in use.  T. Petro stated that the Planning Board were not code enforcement officials.  Brian Kullgren felt a conflict of interest was evident with the past Selectmen’s response.  Discussion followed on a past zoning violation which dealt with A. Pickman when he had the position of Selectman.  Bruce Kullgren asked if Brian was just looking for an opinion from the Planning Board.  Bruce Kullgren explained what he believes exists at the Kantner property.  A. Pickman explained that commercial use of a property is not a variance, it is a special exception.  T. Petro asked how Brian Kullgren knew what existed on the property.  Brian Kullgren said Mr. Kantner had told him.  R. Martin asked if the Planning Board could request a walk through of the property.  Brian Kullgren felt that would be a good idea.  Discussion followed on when various events had taken place.  Brian Kullgren thought the non-conforming use had expired.  He thought he had given Mr. Kantner a chance to correct problems but felt Kantner had not “stepped up to the plate.”  M. Connolly said he believed there are 4 mailboxes on the premises and that previously there were 5.  T.  Petro asked if Mr. Kantner was not a Selectmen, would this be an issue?  Brian Kullgren said no.

 

4.             8:20 p.m. Mr. Messina.  Bruce Kullgren asked Mr. Messina if he had an application for site plan review.  T. Petro apologized for the lack of a quorum on 3/20/02 because of the snowstorm.  A. Pickman asked if this was the same plan which was presented previously and if so, then this presentation lacked some hand drawings included in the last presentation.  Mr. Messina said he believed it was the same map.  Mr. Messina reviewed what he had brought for documentation.  He spoke on his intent to remove porches on 5 cabins and replace them with sitting areas.  Bruce Kullgren explained that the Planning Board wished to discuss what Messina needed to submit.  A. Pickman asked if any cabins had kitchens at this time.  Mr. Messina said no stoves but each had a small refrigerator.  A. Pickman said Mr. Messina must comply with State septic regulations.  A. Pickman asked if the board was being asked to approve a site plan review based on an old ZBA decision.  Mr. Messina stated he has no more people or traffic than previously.  Mr. Messina said no one had asked him to provide a letter of site plan review request.  He will provide that in the future.  Bruce Kullgren asked if Mr. Messina had a State approved septic plan.  Mr. Messina said yes, he can provide it to the Planning Board.  Mr. Messina said he has a State approved driveway permit and will provide it in the future.  M. Connolly stated that boundary discrepancies may mean the Planning Board could not act on a request for site plan review.  A. Pickman explained numerous markers existed on the map which raises the question of the location for the east boundary of the property.  M. Connolly believed the abutters Mr. & Mrs. Stark had submitted a letter asking for clarification.  A. Pickman also pointed out deed vs. drawing discrepancies.  Discussion followed.  T. Petro asked Mr. Messina if he was aware of this situation.  Mr. Messina said yes but he had not acted upon it because he was not allowed to work on the property anyway.  M. Connolly asked why Mr. Messina had not addressed a lot line adjustment.  Mr. Messina said he does not have an agreement with Mr. & Mrs. Stark.  Bruce Kullgren believed the Board should specify anything they wished to waive to Mr. Messina.  R. Barnhisel asked for all the requirements to be met, septic system approval signed by Peter Caswell, and agreement with the Stark’s so the Planning Board could move forward on the site plan review request.  A. Pickman said Peter Caswell would need to sign an approval for existing and proposed septic designs.  Mr. Messina stated he felt he may be wasting his time. R. Barnhisel asked Mr. Messina to provide the Planning Board with estimates and recommendations and not be angry.  The Planning Board would not wish to cost Mr. Messina anything unnecessarily.  Mr. Messina said he was willing to hire an engineer.

 

5.             9:10 p.m. Jeff Porter from Southwest Regional Planning Commission (SWRPC).  Jeff explained he was helping Bonnie Brunner who was overbooked for the evening.  He explained that SWRPC does not have an official agreement with the Town of Temple and they wish to draft a letter and time line for work on the Master Plan.  The SWRPC needs clarification on who solicits public volunteer help.  He also would like to clarify the scope of services so he could draft the letter.  Discussion followed on changes to date on the Draft  Master Plan, missing information and who may provide additional information or changes.  S. Fiske agreed to give the current draft to the following people for their input.

               

                Population & Housing - Sherry Fiske

                Community Facilities - Alan Pickman

                Economic Development - Randy Martin

                Construction Materials - Bruce Kullgren

                Traffic and Transportation - Tim Fiske

                Natural Resources - Coral Olson

                Historical, Recreational, and Cultural Resources - Rae Barnhisel

 

                Jeff said Bonnie and Erik of SWRPC could help with recommendations in the future.  Jeff Porter explained how zoning regulations would also come into play.  Public involvement would be helpful as well.  Discussion followed on whether to include the Planning Board survey in the Master Plan.  T. Petro felt it should not be included as ballot votes differed from the survey results.  R. Barnhisel felt it was not a clear comparison.  S. Fiske agreed that it was not an equal comparison as the questions asked where different.  Bruce Kullgren felt the survey had limited use.  Jeff Porter recommended workshops to complete the basic studies.  T. Petro suggested a 3 week time frame for basic studies completion.  Jeff suggested a hearing to get input so the Planning Board can move on to the next phase.  Future land use proposals by the Planning Board with public and SWRPC input would eventually become the town zoning map.  Discussion followed on commercial zone viability.  Bruce Kullgren explained that special exception commercial use is the current condition.  A. Pickman mentioned Mr. Anderson and Mr. Messina commercial businesses and what would the town wish to see in the future on the Rt. 101 corridor.  M. Connolly asked if SWRPC promoted aquifer zoning.  Jeff explained that Temple has a higher elevation that many towns therefore it is not as susceptible to low land pollution.  Hydro-geology is harder to study in higher towns.  Jeff believed the water table was shallow and mostly fractured bedrock.  Jeff wished to create a timeline and a scope of services letter.  The complete Natural Resources inventory is usually summarized in a chapter in the Master Plan.  Discussion of the many rare and endangered species in town followed.  SWRPC can recommend what might be included in the Master Plan.  June 5 is the date to review changes and additions to the basic studies.

 

                Discussion on how to proceed with Brian Kullgren’s request. A. Pickman said the Planning Board can only state what was available for permits at the time Mr. Kantner purchased the property.  Bruce Kullgren said he did not believe any documents exist to prove legality or not.  He felt there are two issues, first the possible apartments and second the commercial use.  T. Petro did not feel comfortable with the Planning Board addressing this issue.  What did the Board expect Mr. Kantner to do?  A. Pickman said all the board needed to do was draft an opinion.  R. Barnhisel asked if A. Pickman would submit the draft as an individual or as the entire Planning Board.  A. Pickman felt the Planning Board purpose was to interpret zoning regulations not enforce zoning.  T. Petro did not feel Planning Board opinion was necessary.  R. Barnhisel asked why should the Planning Board vote on something that the Selectmen had already acted on.  R. Barnhisel believed if someone is taxed on a use of property that may constitute validation of the use.  Bruce Kullgren thought legal counsel had been sought on this previously.  S. Fiske stated that missing records make proof of circumstances difficult.  A. Pickman thought stating facts was not derogatory.  T. Petro said “let sleeping dogs lie.”

 

                R. Martin motioned, seconded by A. Pickman to adjourn meeting, adjourned 10:30 p.m.

 

                Minutes submitted by Sherry Fiske

 

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