8/1/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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4 with the Board requiring that the developer attend the next meeting, only to have the developer not attend. Mr. Virgilio invited Board members to look at the state of his front yard, to speak to his wife about their hone, stating that it was unacceptable. Mr. Ba.1 a n'ni agreed that it was a mess. Mr. Virgilio stated that if the Pl arming Board could do nothing, to advi s him and put i t in wnti ng because he would next be in front of the Town with legal representation,. The Chair apologized that the situation had been going on for sol ong. Mr. Rowley reviewed the minutes when the developer attended the last rneeti n 'at which time 1r. Rowley requested that additional hay bales be added to area, and the level.oper agreed. Mr. Rowley reviewed the site and saw that no changes had been made. Mr. Rowley stated that ecti on 8 1 w of Subdi vision Control stated that, upon their own motion) th e PI an-ning B card could make a determination that the project was not.in compliance and rescind or modify the approval of the Subdivision. A Public Hearing process was necessary, notifying the abutters and developer, w ch could help to address the issues. A finding that the developer was not in compliance with performance standards would need to be met, which would re uire further review by-Mr. Rowley. Mr, Rowley stated that the drainage area was complete but required loam and seed and dressing, which should be completed. No additional work would be completed b.esides the top course of pavement and completing the unpaved portion of the road adding that no abutter should be left with a mess. The Chair inquired whether the Board wished to authorize Mr. .owl a to iris ect the site for� l violation and draft a report. Mr. Bowley stated he was unsure whether there was a violation because a time limit was not included in the permit, but the developer should offer due diligence to compl ete the proj ect in a proper manner. Mr. Balzari ni recommended that a letter b e sent, to the developer with a time limit of 2-3 weeps,, advising that Mr. Rowley would be conducting an inspection to start the process to rescind the Special Permit. Mr. Ball a.rini stated that the front of Mr. Virgil i o's property was a mess. Mr, Rowley reported that the Subdivision could be modified with a time l i reit through the Public Hearing process. Chairman waygan asked.fir-. Lehrer for time with Town Counsel to discuss how to proceed with the matter. Mr. Lehrer stated that he could. LOTION: Mr. Balzarini made a motion to a utho rye Charles Rowley to do an inspection and write a report. lir* I ooharian seconded the motion. All voted unanimously, Mr. Virgilio inquired about the engineer on record and whether they were responsible for 1� reviewing the work and ensuring that the contractor was completing the work properly. Mr. Bowleg stated that it was rare for the engineer to be on site to conf inn the word with the exception of Lfaurentide. Mr. Rowley stated that it would be in the best interest of the developer to ensure that the work was compliant, Mr. Rowley stated that the work needed to be completed. Mr. Rowley added that a temporary solution would be acceptable} if the hay bales were added as agreed to, suggesting that it offered sufficient reason for enforcement with a time limit. The Chair stated that they would move forward with Town Counsel toward a Public Hea.ri ng. Mir, Rowley offered to draft language for a letter to the Developer that could be used by the Chair and Mr. Lehrer and for Town Counsel to review. A report, including photographs, would be completed separate to the letter. 1