FAIRFAX DEVELOPMENT REVIEW BOARD                            Wednesday, September 7, 2011


Lee and Diane Pfanstiel Final Plat Hearing for a 4-lot subdivision at 50 King Rd (KI0050) and Boundary Adjustment between 50 King Rd. and Jon and Michelle Spaulding at 30 King Rd (KI0030)


Members Present: J. Heyer, C.Rainville, J. Beers

Alternates Present: none

Applicant Present: Lee Pfanstiel

Public Present: Skip Taylor (ZA), Michael Averill (Engineer), Irene Johnson, Jere Johnson, Kevin Jarvis, Ken Stockwell, Michelle Spaulding, Jon Spaulding


7 PM  J. Heyer called the meeting to order.


The public notice was read, introductions made, and interested persons sworn in. 


There was discussion regarding a quorum of the Board for an eventual deliberative.  It was suggested that an alternate who was present at the site visit and the Sketch Plan hearing could review the files  and minutes from the Final Plat Hearing and participate in the deliberative, allowing 4 members to deliberate.  Lee Pfanstiel concurred.


Michael Averill explained a proposed Boundary Adjustment between the Pfanstiel and Spaulding properties, moving Lot 3 West 75 feet, adding that distance to the Spaulding’s West boundary.


A curb cut has been granted by the Town for Crosby Rd.


The site plan included a25-ft. access easement on the north boundary of Lot 4 giving access to 2 septic areas on Lot 4 and the Spaulding lot.  The lines for Lots 4 and 5 were also straightened, making the lots more rectangular in shape and Lot 4 slightly larger.


There was discussion regarding wetlands and language on the map, added leach-fields, and well locations on each lot, in addition to the 25-foot septic easement.  Additional discussion included power lines and an easement from Crosby Rd. to Lot 1 for possible future development, which has been eliminated.


J. Heyer asked about a building envelope on Lot 4.  C. Rainville asked for clarification on the 25-ft. easement to the leach-fields located on Lot 4.


Open to Public Input

Jere Johnson presented a petition signed by 5 of 7 neighbors (total 11 signatures) to stop further development.  He presented a copy of an August 28, 2002 DRB meeting minutes in which Mr. Pfanstiel stated he had no plans at the present time for further development.  Both documents were submitted.  Mr. Johnson claimed that 2 neighbors (not abutters but with septic systems on Lot 4) were not notified of the meeting.  There was discussion regarding State statute requirements on notification.  Skip explained Town practice and that a reasonable attempt was made and was not materially misleading.  It was also explained that the sign with the red “P” was posted by the applicant for all to see.  There was additional explanation about public notices and reasonable effort, leaving the decision up to the Board as to whether to continue.  The Board agreed to continue.  Mr. Johnson disagreed with the Board’s decision and is noted.


Jon Spaulding  and Kevin Jarvis asked if the remarks regarding wetlands on the map by Michael Adams of the Army Corps of Engineers needed to be documented further.  Michael Averill explained that the map contained language explaining the wetlands locationand that no further documentation is needed.


Irene Johnson asked about maintenance of the easements for the septic systems on Lot 4.  Mr. Averill explained that it is up to the individual owners.


7:45 PM  J. Beers moved to enter deliberative; C. Rainville2nd.  All in favor.


7:55 PM  Exit deliberative


Jere Johnsonsaid he had another petition that would be used at appeal, asking if this was the proper time to present it.  There was discussion about appeal procedure.  This letter was not submitted.


8 PM  C. Rainville moved to close to public input and move to Deliberative; J. Beers 2nd.  All in favor.


The Deliberative is scheduled for September 21, 2011.


Respectfully submitted,

Martha Varney, Zoning and Planning Assistant



Approved: ______________________________  Date: _____________________, 2011

                    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.