Minutes
Bethel Planning Board
DRAFTED 4.20.10
Wednesday, April 14, 2010 Town Office
7:00 PM Regular Meeting:
Members Present: Allen Cressy, Jon Cowan, Francis Dumont, Larry Engdahl,
Andrew Glasfeld, Ginger Kelly
Members Absent: Craig Davis
Staff Present: Vicki Rackliffe, Planning Assistant
Others Present: See sign-in sheet
Full content of the meeting is available in Windows Format Audio file format
1. Call to Order:
At 7:00 PM Chairman Cressy called the meeting to order.
2. Opening Statement:
Chairman Cressy made a brief opening statement.
3. Declaration of Quorum:
Chairman Cressy noted that Craig Davis was absent. Chairman Cressy appointed all members present as voting members and declared a quorum.
4. Approval of Minutes: Regular Meeting, March 24, 2010
Jon Cowan made the motion to approve the minutes, Larry Engdahl seconded the motion; it was unanimously approved. Allen Cressy and Francis Dumont abstained from voting because they did not attend the meeting.
5. Communications: None
6. Determination of Applicability: None
7. Action on Applications:
A. Sign Applications: None
B. Old Business:
1. Subdivision Application
Project Name: Mountain Valley Subdivision – Phase II
Applicant: Dumont Enterprises, LLC
Authorized Agent: Bob Berry, Main-Land Development Consultants
Location: Map 9 Lot 6-1-1
Francis Dumont stepped down from the Board.
Chairman Cressy reported on the status of the project that was tabled at the February 24, 2010 meeting pending receipt of outstanding Final Plan materials.
Bob Berry, Main-Land Development Consultants, represented the applicant and offered a revised Final Plan that included recent changes to the Conditions of Approval for the Board’s review.
Bethel Planning Board Minutes 4.14.10 (cont.)
Ginger Kelly made the motion to introduce 11” x17” paper copies of the Final Plan into the record, Larry Engdahl seconded the motion; it was unanimously approved.
Chairman Cressy asked for public input for or against the project. There was none.
Chairman Cressy began Board deliberation by reading a list of the packet contents for the record and suggested an outlined of Board objectives.
The Planning Assistant was asked to verify that all items on the Final Completeness Checklist were accounted for. There were no comments from Board members on the Checklist and the Board moved on to reviewing other packet materials.
Discussion regarding the fire cistern being installed on the property of Richard DiPlacido focused on assigning responsibility for its maintenance until the Town of Bethel assumes responsibility. Francis Dumont verbally agreed to assume the responsibility of the cistern’s maintenance until such time.
Larry Engdahl made the motion to accept the Dumont Enterprises offer to maintain the cistern, approved under the terms of the Mountain Valley Subdivision Phase II, until the Town of Bethel assumes that responsibility, Andrew Glasfeld seconded the motion; it was unanimously approved.
The 60’ ROW and easement deed from Daniel J. Garvey to Dumont Enterprises was conveyed on 3.17.10 and recorded in the Registry on 4.14.10. The mistaken distance referenced on early Subdivision Plans has been rectified with this subsequent conveyance.
Ken Hotopp joined the meeting late but was allowed by the Board to discuss the items in his email to the Board dated 3.15.10 and to comment on the project. Mr. Berry and the Board addressed Mr. Hotopp’s concerns, to his satisfaction.
The revised Homeowners Association document elicited much discussion. The existing (Phase I) HOA is required to accept all new roads as per the recorded Declaration. The applicant only needs to file the conveyance at the Registry to transfer ownership of any new roads. It is not required however, to accept the new lots in Phase II or any other improvements (i.e. storm water management devices). Mr. Berry reported that the applicant is working with an attorney and the existing HOA on an amended document. They are close to agreeing on the language and to bringing it to a point where it can be accepted. If the existing HOA does not accept the amended Declaration of Covenants, Conditions, and Restrictions (by a 2/3 majority vote), the applicant will have to return to the Planning Board for a
modification of its approval and a separate HOA for Phase II will have to be formed.
The Board proceeded to consider the draft Findings of Fact and Decision and revised COAs proposed on the Final Plan.
Larry Engdahl made the motion to approve the draft Findings of Fact and Decision as amended and to include the COAs as stated on the Final Plan as presented, Jon Cowan seconded the motion; it was unanimously approved.
Larry Engdahl made the motion that given that all standards have been either “met” or “not applicable”, and with the relevant COAs, approve the Final Subdivision Plan as presented, Andrew Glasfeld seconded the motion; it was unanimously approved.
The applicant will return with a mylar for the Board to sign.
Francis Dumont rejoined the Board.
Bethel Planning Board Minutes 4.14.10 (cont.)
2. Subdivision Application
Project Name: Nordy Hill Subdivision
Applicant: East Bethel Road, LLC
Authorized Agent: Bob Berry, Main-Land Development Consultants
Location: Map 9 Lot 34
Chairman Cressy commented that this application had been tabled at the February 24, 2010 meeting pending receipt of Final Plan materials. Chairman Cressy confirmed with the Planning Assistant that those materials had now been submitted.
Bob Berry, Main-Land Development Consultants, represented the applicant. Mr. Berry remarked that all outstanding issues have been resolved. Mr. Berry brought paper copies of the Final Plan with revisions made after Board packets went out as well as Final Plan mylars for signing should the Board grant approval.
Andrew Glasfeld made the motion to introduce 11” x17” paper copies of the revised Final Plan into the record, Larry Engdahl seconded the motion; it was unanimously approved.
Chairman Cressy called for public input on the project. There was none.
Chairman Cressy moved into Board deliberation with a review of the packet contents for the record.
There was a brief discussion about packet materials, namely the entrance permits and changes to the sizes of storm water management pipes.
The Board proceeded to look over the draft Findings of Fact and Decision. The Conditions of approval, as presented on the Final Plan, were considered separately.
Larry Engdahl made the motion to approve the draft Findings of Fact and Decision for the Final Subdivision Plan (previously introduced into the record) for Nordy Hill Subdivision to include the Conditions of Approval as presented, Andrew Glasfeld seconded the motion; it was unanimously approved.
Francis Dumont made the motion that given that all performance standards have been met or are not applicable along with the Conditions of Approval on the Final Plan that approval be granted for Nordy Hill Subdivision as presented, Andrew Glasfeld seconded the motion; it was unanimously approved.
The Board proceeded to sign the Final Plan mylar.
C. New Business:
1. Site Plan Review Amendment
Project: Bethel Early Learning Center
Applicant: Jefrae Alford
Location: Map 25 Lot 238-2
Chairman Cressy introduced the project and the applicant.
The applicant, Jefrae Alford described the proposed child-care center as presented in the application. Two years ago the Board approved her present child-care center on Spring Street. Increased demand has created the need for a larger space.
Bethel Planning Board Minutes 4.14.10 (cont.)
Regarding applicability, Chairman Cressy noted that this project represents a change of use for the proposed site located in the Casablanca Cinema building and is therefore subject to review under Site Plan.
Based on the submittal of a Lease Agreement commencing June 1, 2010 for ten years, there is also a side agreement for the installation of a fenced area.
Francis Dumont made the motion to grant the application standing, Jon Cowan seconded the motion; it was unanimously approved.
Chairman Cressy asked the Planning Assistant to verify the completeness of the application. There was some incidental additional information needed for future reference that Ms Alford will provide.
Chairman Cressy asked for public input for or against the project. There was none.
Moving into board deliberation, Chairman Cressy noted the packet contents and proposed a set of action steps for the meeting. Board comments regarding the application included: number of children/capacity and licensure by the Department of Health and Human Services, the correct E911 addressing for the location, the Bethel Fire Department’s letter and recommendations for approval, the State Fire Marshal’s inspection by Ed Bennett and issuance of the Construction Permit based on the architectural plans, the interior layout and renovations to accommodate life safety issues, and terms of the lease.
A major issue discussed was the commencement of renovations by the applicant prior to obtaining Planning Board approval. The applicant was not aware of the appropriate process. In addition to Planning Board approval, the project must also receive approvals from the Bethel Fire Department, the State Fire Marshal, and the Department of Health and Human Services. The order of the receipt of these approvals was discussed at length recognizing the difficulty presented by relocating a child-care center. The construction timeline is directly linked to sequence of the inspections and approvals.
Another concern is that the renovations were done prior to the applicant’s legal right to occupy the property based on the terms of the lease agreement (June 1, 2010). Ms Alford explained that the lease agreement date referred to when she had to begin paying rent. The applicant offered to ask the landlord for written permission to move in or to amend the lease to allow the leasehold improvements being done. Planning Board approval would be based on the date of such permission.
The applicant was not aware that she needs a building permit from the Town of Bethel as well. The Code Enforcement Officer issues building permits.
Children may not occupy the building or use the play area until Planning Board approval is granted. Planning Board approval is geared towards the date of the current lease.
Jon Cowan made the motion requiring the applicant to provide written evidence of standing to permit the applicant to occupy the building and modify the building prior to June 1, 2010, Andrew Glasfeld seconded the motion; it was unanimously approved.
Bethel Planning Board Minutes 4.14.10 (cont.)
Ms Alford was requested to contact the Planning Assistant once all of the inspection dates (State Fire Marshal, Bethel Fire Department, Department of Health and Human Services) have been set to be placed on the appropriate agenda.
Ms Alford and the Planning Assistant will coordinate efforts with Joan Perry, Department of Health and Human Services.
The Board considered the draft Findings of Fact and Decision and the Conditions of Approval to see if, pending the three approvals, that the application is all set. Regarding signage, the applicant will utilize the pre-approved kiosk slat and possibly a window sign in the Center. The question of the applicability of SSDC charges was raised. The Code Enforcement Officer will be contacted regarding those charges. The Board made several amendments to the document.
Francis Dumont made the motion to table the application until the next meeting, Larry Engdahl seconded the motion; it was unanimously approved.
8. Non-Application Items:
Francis Dumont is serving as the Planning Board representative to the Ordinance Review Committee. Mr. Dumont gave the Board an update on changes being considered to the Town Code. He invited Planning Board members to attend the Selectboard meeting on May 17, 2010 when the proposed changes will be on the agenda. Mr. Dumont would like to provide copies of the changes for the Planning Board’s review.
Chairman Cressy reported that Jim Doar and other Town Managers have agreed that the regional towns should meet to begin discussing windpower.
B. Announcements: Upcoming meetings: Regular Meetings, April 28, 2010
9. Adjournment:
9:26 PM – Francis Dumont made the motion to adjourn the meeting, Jon Cowan seconded the motion; it was unanimously approved.
Respectfully submitted,
Vicki Rackliffe
Planning Assistant
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