FINAL MINUTES OF PUBLIC MEETING
Board
members present: Bruce Kullgren, Randy Martin, Ted Petro, Alan Pickman, Rae
Barnhisel, Marty Connolly
Call
to order by B. Kullgren at 7:30 p.m.
1. 7:30 p.m. Motion by T.
Petro, seconded by A. Pickman to accept minutes of 1/16/02 with changes to item
#2, line 4, strike “She spoke of some loop holes people have used” and “The two
existing PRD’s do not protect the open space from development”. Also, page 4, item 5, line 8 to add “had
provided and” after the words R. Barnhisel said she. Voted affirmative. Motion by A. Pickman, seconded by R.
Barnhisel to accept minutes of 1/24/02.
Voted affirmative. Motion by T.
Petro, seconded by A. Pickman to accept minutes of 2/4/02 with change to page
1, item 2, line 11, change 10% to 1/10%. Voted affirmative.
2. 7:35
p.m. Doug Guy Jr. submitted a request for a subdivision on Old Peterborough
Road. B. Kullgren reviewed some history
regarding an existing house and the stone house existing on the property. The stone house appeared on tax records
approximately 1990. B. Kullgren
believed Edgar Leighton must have had separate lots in order to build the stone
house. M. Connolly said he believed
some records relating to this are hard to find. Dan Reed said the stone house is on the Grover lot and the other
proposed house would be on the Hadley lot.
Doug Guy Jr. also owns the Spaulding lot. 2 lots belong to Dorothea Guy, the Worcester lot and the Fuller
lot. B. Kullgren explained
non-conforming lots become one lot if ownership is transferred. Doug Guy said the existing stone house and
the proposed new house are on the same lot, therefore he would need a simple
subdivision. Dennis McKenney explained
he thought lots divided by a separate deed constituted separate lots. A. Pickman read the zoning ordinance for
clarification of separate non-conforming lots owned by one owner. He also
explained the hardship clause if less land is owned to allow fair use of the
land. Doug Guy thought the Board had
approved the lots previously. A.
Pickman said the Board never saw these lots before. B. Kullgren said if it were
a building permit for a barn, no problem would exist. A. Pickman said its a gray area regarding dwelling vs. auxiliary
building. B. Kullgren suggested
changing the description would allow Doug Guy to move forward with his
plans. M. Connolly thought 2 houses
were allowed on one lot. Doug Guy said
with a special exception he believe it was allowed. Dennis McKenney said the town defines these lots separately. Discussion followed on where these lots
exist on the tax maps. Dennis McKenney
said the Probate Court separated the tracts per the estate settlement. B. Kullgren wanted to be sure Doug Guy
understood why the Board wanted to be sure this request was fair. The ordinance needs to be followed. Dennis McKenney gave examples of how other
towns view this type of subdivision.
Doug Guy thought the Board had no problem with this in the past. R. Barnhisel asked for clarification of the
tracts within the lots. Discussion
followed of dates when surveys and maps were created. R. Barnhisel asked if certificate of occupancy permits existed for
the trailer and stone house. A. Pickman
said building permits should exist but not necessarily a certificate of
occupancy. A. Pickman said the frontage
was in the residential/agricultural zone and the backside of the lot is in the
mountain zone. The total tract is 110
acres. Dennis McKenney said the town
recognizes Dorothea Guy’s 2 lots as separate lots. A. Pickman believed new deeds recorded from the estate settlement
triggered the tax maps showing separate lots.
B. Kullgren asked if the existing lot was 202’ road frontage. Dennis McKenney said yes. Discussion followed on transferring land
which is separately deeded vs. developing land which is separately deeded. A. Pickman suggested the Planning Board
confer with town counsel for clarification.
B. Kullgren thought if the Selectmen had issued the building permit for
the stone house they must have had a legal conclusion it was a separate
lot. T. Petro said he believed existing
buildings are allowed or grandfathered.
Doug Guy offered to look in his records for a building permit for the
stone house. A. Pickman re-iterated the
purpose of Doug Guy’s proposal was for a minor subdivision. A. Pickman suggested doing a lot line
adjustment when they work on the subdivision, to allow the lot to conform. Doug Guy said he thought this was a
hardship. A. Pickman disagreed. Dennis McKenney said he thought this sounded
like blackmail and would be an additional cost. B. Kullgren and A. Pickman believed Doug Guy could easily meet
zoning requirements therefore there was no hardship. Discussion followed on future possibilities for the land and the
land locked back parcels, as well as past interpretations of the
ordinances. B. Kullgren believed the
Planning Board had obtained all the information they could from the Selectmen’s
office, therefore it was a separate lot of record, so the Board could accept an
application. B. Kullgren said the
trailer lot was recognized by the Selectmen previously as a separate lot and
the stone house has a State approved septic system, therefore the Board assumes
it is a separate lot. B. Kullgren
motioned, seconded by M. Connolly to accept the lot for subdivision. A. Pickman said no. Voted 5 affirmative, 1
no. Dennis McKenney presented maps to
show the proposed subdivision. 77 acres
and 6 acres. B. Kullgren asked to have
the lot line moved to allow the 50 foot right of way. Doug Guy didn’t feel this was consistent with the
neighborhood. Discussion followed on
ownership going to the center of the road.
B. Kullgren encouraged Doug Guy to discuss current use with the
Selectmen, if he still owns separate parcels will it still qualify for current
use. B. Kullgren said the lot line for the right of way is a
consideration. He also stated that Mrs.
Odell and Mr. Iannini were requested to spend money on the road for improvements. Discussion followed on how much the impact
fee would be. R. Barnhisel mentioned
road improvements was not requested of the Chris Ross subdivision. Doug Guy felt this was not a town wide
fairness but only seemed to affect Old Peterborough Road. M. Connolly said Doug Guy may have a valid
argument. B. Kullgren said because of
the acreage involved the board may want to waive the 1” = 100 ft. measurement,
otherwise the maps will be too big to work with. Dennis McKenney asked to have the board waive the soils map
requirement. The Board recommended he
just use GS maps to include this information.
B. Kullgren said he did not need to see contour lines on the 77 acre
lot. Road profiles and road cross
sections, were waived. Statement of
responsibility was already on the map.
A. Pickman suggested lot numbering to be 71-1-5 for the 6 acre lot and
71-1-6 for the 77 acre lot. The Board
will schedule a Public Hearing for March 6 pending receipt of abutters address
labels. B. Kullgren said improvements
to the road would be pending Road Agent recommendations. Doug Guy felt this should apply to everyone.
Fees
discussed: Deed registration $26.00 (payable to the Registry), Subdivision
application $35.00, $15.00 per lot (x2), $4.00 per abutter, all payable to Town
of Temple.
A. Pickman motioned, seconded by R. Martin to
adjourn meeting, adjourned 10:30 p.m.
Minutes submitted by Sherry Fiske