GENERAL MINUTES

Members Present: J. Heyer, B. Murphy, J. Beers, M. Varney

7:00 PM J. Heyer called the meeting to order. The minutes from August 4, 2010 were reviewed. B. Murphy made a motion to approve the General Minutes from August 4, 2010. M. Varney second. All in favor.

The Paper Map and Mylar for the Flanders project were reviewed. J. Beers made a motion to approve the Flanders Paper Map and Mylar. B. Murphy second. All in favor. J. Heyer signed the Mylar for the Board.

A six month extension request was received for the Benoit Project on Cherrierville Road. B. Murphy made a motion to grant a six month extension for the Benoit project. J. Beers second. All in favor. J. Heyer signed the letter of approval. The Board then discussed the proposed changes to the regulations. There are no hearings scheduled for September 1, 2010, but the Board will meet for general business and a deliberative session.

7:15 PM – ROSS/BOUTIN – ADMINISTRATIVE REVIEW – 8 MAIN STREET

7:30 PM C. Rainville arrived. Copies of documents regarding the upcoming Henning hearing were given to the Board to be read before the hearing began.

7:45 PM – HENNING - FINAL PLAT REVIEW – 11 HUNT STREET

9:05 PM J. Beers made a motion to enter deliberative session. B. Murphy second. All in favor.

9:15 PM J. Beers made a motion to exit deliberative session. M. Varney second. All in favor.

9:15 PM M. Varney made a motion to adjourn. B. Murphy second. All in favor.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.

7:15 PM – ROSS/BOUTIN – ADMINISTRATIVE REVIEW OF 2 LOT SUBDIVISION

8 MAIN STREET

Members Present: J. Heyer, B. Murphy, J. Beers, M. Varney

Public Present: S. Taylor, Z.A; C. Peters, Engineer; J. Ross

7:15 PM Introductions were made, the Public Notice was read, and attendees signed in. Interested parties were sworn in. J. Heyer asked the applicants if they had any objections to a 4 member Board. There were no objections. It was noted that the Public Notice had an error: the name of one of the applicants was stated to be

“Carol” Boutin, when in fact her name is “Donna” Boutin.

S. Taylor, Zoning Administrator made the presentation. The lot is located in Fairfax, with two small portions of the land in Cambridge. The applicants wish to subdivide the property into two parcels. There are two existing homes on the property now. Density calculations have been done, and there is ample frontage for each lot. C. Peters stated the existing homes have been there a long time. The lot has a very irregular shape in the Cambridge portion. This Subdivision is part of the Franklin County Court Settlement Agreement. The Findings of Fact and Order prepared by S. Taylor was reviewed and discussed. B. Murphy made a motion to approve the Final Plat and the Findings of Fact and Order prepared by Administrative Review. M. Varney second. All in favor. Both S. Taylor and J. Heyer signed the Findings of Fact and Order. A copy was given to J. Ross and to C. Peters (who has Power of Attorney for D. Boutin and J. Ross).

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.

7:45 PM – HENNING – FINAL PLAT REVIEW OF 4 LOT PUD – 11 HUNT STREET

Members Present: J. Heyer, B. Murphy, J. Beers, C. Rainville, M. Varney

Public Present: S. Taylor, Z.A; G. Brault; R. Ertl; J. Ertl; R. Bissonnette; T. Haddock; G. Henning; G. Handy; D. Henning;

S. Ruggiano, Engineer.

7:45 PM Introductions were made, the Public Notice was read, and attendees signed in. Interested parties were sworn in.

7:46 PM B. Murphy made a motion to enter deliberative session. J. Beers second. All in favor.

7:53 PM J. Beers made a motion to exit deliberative session. M. Varney second. All in favor.

7:55 PM S. Ruggiano submitted a letter from Gabe Handy’s Attorney regarding the Old Academy Street Homeowners’ petition concerning the road access and other issues. S. Ruggiano discussed the previous action items.

Various topics were discussed in detail:

* All of the septic items have been completed, as requested by R. DeVine, Fairfax Sewer and Water Superintendent.

* The sizes and configuration of the proposed hedge: J. Beers did not want the hedge to be a barrier to the common land, but a delineation of the

property lines. A denser hedge would be appropriate by the neighbor’s property line.

* The agreement between the Hennings and Gabe Handy has not been executed. D. Henning stated she did not want to pay money and sign a

contractual agreement until she had approval from the Town. They have an oral agreement. (B. Murphy stated this was an uncompleted action

item).

* Drainage and Stormwater issues: Some catch basins on Old Academy Street are raised from the road until the final coat of pavement is put down.

S. Ruggiano stated that the Stormwater system of old Academy Street has more than enough capacity for the Henning Project.

* S. Ruggiano presented 2 Maps that showed the configuration of the Drainage Plan would capture up to 50% of the stormwater. This should

actually reduce the amount of water that drains onto the school grounds.

* Open land and the intent of a Planned Unit Development (PUD) in relationship to this project: Various Board members questioned why this is a

PUD. D. Henning stated that such concerns should have been addressed at the Sketch Plan, not now at the final hearing.

* Covenants may need to state an access to the open land. A ROW possibly could be deeded between lots 2 & 3.

* Discussion of what the applicant should do regarding possible damage to Old Academy Street during the construction phase.

The following members of the Public voiced their questions and concerns:

J. Ertl and R. Ertl would like a natural barrier of trees between their property and the new development.

R. Bissonnette mentioned the Petition signed by ten residents of Old Academy Street. There is no Quit Claim Deed that he could find. The

Homeowners Association should be in charge of the access from Old Academy Street. (S. Taylor showed the Board and the Interested Parties

an earlier Plat for the Workman/Modica Project that clearly show a 60 foot wide ROW for future Development on the Henning Land).

T. Haddock was concerned about bad drainage in the area. He does not want this new development to cause more drainage issues.

G. Brault is concerned about future water in his basement if there are drainage problems. (S. Ruggiano stated that the Hennings will have catch

basins with a closed drainage system that will have no negative effect on school property or Old Academy Street).

G. Handy, owner of Franklin South, LLC, stated that the catch basins on Old Academy Street are examined and certified every year. Even though

the finished coat of paving has not been done, the drainage system is working. He is granting access to the Henning Project from Old Academy

Street because of his obligation to follow the original plan. He is neutral and does not intend to take sides between the Hennings and the residents

of Old Academy Street.

EXHIBITS:

1. Petition signed by 10 residents of Old Academy Street, objecting to “using Old Academy Street as an access road to the proposed

development by the Hennings of 11 Hunt Street”.

2. Letter from Ruggiano Engineering to Randy Devine, regarding stormwater.

3. Letter from Robert J. Perry, Esq. dated August 18, 2010, to Gabriel Handy, RE: The petition filed by residents of Fairfax Green concerning

storm water drainage, road icing and the use of Old Academy Street.

4. Handwritten note from Randy DeVine regarding the sewer line easement, dated and received August 18, 2010. B. Murphy questioned the lot sizes

and wanted clarification of the open land acreage. The overall acreage can not be plus or minus, must be at least 4 acres. Per S. Ruggiano, the

parcel is 4.01 acres.

9:00 PM B. Murphy made a motion to close the hearing to public input and move to deliberative. M. Varney second. All in favor.

Respectfully Submitted,

Cathy Raymond, Zoning and Planning Assistant

Approved: ________________________________ Date: _________________2010

For the Development Review Board

These minutes are unofficial until approved at the next regularly scheduled meeting.

All motions were unanimously approved unless otherwise indicated.