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