REGULAR MEETING

REGULAR MEETING

NORWOOD PLANNING BOARD=

SEPTEMBER 15, 2005

The Regular Meeting of the Norwood Planning Board convened at 8:05PM with Vice-Chairman Demetrios Milliaressis presiding. As re= quired by law, Mr. Milliaressis announced that the meeting is held in accordance w= ith the Open Public Records Acts and indicated the exit door locations. Those present recited the Pledge of Allegiance.

The following board membe= rs were present: Joseph Ascolese, Ms. Guercio, Mr. Sklow, Mr. Milliaressis, Council= man Altenbach, and Mr. Savalia.

The following board membe= rs were absent: Mayor Kaplan, Mr. Gallagher, Mr. Jacobs, Joseph L. Ascolese, and Mr. Lamp.

Robert Regan, the Board A= ttorney was present along with Joseph Neglia representing the Board Engineers, Negl= ia Engineering Associates.

SUBDIVISION APPLICATION #705

Block 120, Lots 20 &am= p; 21 – Summit Street=

Eastern Allied Constru= ction Co.

Mr. Milliaressis announce= d that Mr. Watkins postponed this application with advance notice to the board secreta= ry.

SUBDIVISION APPLICATION #713

Block 158, Lots 4 & 5 – 55 Adams Street – R10 Zone<= /o:p>

Paul & Eileen McDermott

Bruce Morrissey, Attorney= representing the applicant came forward and Mr. Regan advised that proper notice was provided as required. Correspondence from Mr. Morrissey to board members dated 8/01/05 was marked as Exhibit A-1. Mr. Morrissey explained that a minor subdivision was filed with the Planning Bo= ard and heard on March 19, 1987. = The current application is identical in all respects to the original, which was approved in 1987. Minutes of = that meeting and deed descriptions were marked as Exhibit A-1. Mr. & Mrs. McDermott hav= e paid taxes on two separate bills for both the improved and vacant lots since ini= tial subdivision approval. Applicant was unaware that a map o= r deed should have been recorded with the county within 180 days in order to perfe= ct the subdivision.

Several zoning requiremen= ts have changed since the original approval including lot depth and side yard, whic= h modified and changed the variances involved. The Neglia Review Letter dated August 22, 2005 was marked as Board Exhibit 1and the board and Mr. Morrissey reviewed the variances as noted in= that document.

Mr. Morrissey stipulated = that applicant intends to comply with all drainage requirements as specified by = the Board Engineer and that the new dwelling will require no additional varianc= es including height.

Mr. McDermott came forwar= d and was sworn for his testimony and explained that he recently attempted to dev= elop the subdivided lot only to find that the subdivision was never recorded and perfected as required by law. At this time, he is not sure if he intends to develop the vacant lot for his o= wn use or build an addition to the existing house. Brief discussion took place regard= ing the building footprint as proposed on the plan; Mr. Regan commented that the board is approving the building envelope as shown and that any dimensional = increase requires additional variance relief from the board.

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Mr. Neglia commented on d= rainage and the applicant agreed to eliminate the seepage pits and connect roof dra= ins to the storm sewer and grade the property towards the front.

Mr. McDermott testified t= hat he is the owner of the subject property. A deed to the developed lot was marked at Exhibit A-2 and deed to the undeveloped property marked as Exhibit A-3. Mr. McDermott identified several documents including a letter from the BC Planning Board dated May 21, 1987 waiving approval along with a copy of plans

&n= bsp; = ; &n= bsp; = ; Page Two, September 15, 2005 <= /b>

           &n= bsp;            = ;            &n= bsp;            = ;           SUBDIVISION APP. #713 Continued

dated 1/14/87 and these w= ere marked as Exhibit A-4. Mr. McDermott did not realize that the legal descriptions of the property prepa= red by Andrew Marshall, Jr. PE had to be recorded with the county in order to p= erfect the original subdivision application. For approximately 16 years, he felt that the property was legally= subdivided because of the taxes paid on separate lots and did not realize that the pro= cess was not completed until he considered developing the vacant lot this past s= pring.

Mr. Belton Brevard, PLS, = Creamer Engineering Associates came forward and was sworn and qualified for his testimony. Mr. Brevard prepar= ed the plans submitted to the board dated 7/14/05 and these were marked as Exhibit A-5.   Mr. Brevard testif= ied that the total size of the subject property is 19,759 square feet, lot 4 is proposed at 10,365.5 square feet and lot 5 at 9,393.7 square feet. Mr. Brevard reviewed the variances= as noted in the Neglia Review Letter and additionally commented that his office performed a full boundary survey for this application. Brief discussion took place regard= ing lot sizes in the adjoining area and Mr. Brevard noted that many are undersi= zed.

A discussion also took pl= ace concerning moving the proposed dwelling back an additional five feet thereby increasing the front setback from twenty-five to thirty feet in order to decrease the nonconformity and the applicant so agreed.

As there were no further questions from the board, it was moved and seconded to open the meeting to = the public and all voted yes.

Jean Hanley, representing= the Environmental Commission, came forward and was sworn for her testimony. Ms. Hanley commented on drainage i= ssues and requested that applicant retain as many of the large trees as possible.=

David Elling, Summit St., came forward and reques= ted that applicant retain as many= trees as possible.

As there was no further q= uestion or comment from the public, it was moved and seconded to close the meeting = to the public and all voted yes.

Prior to voting, the board reviewed the variance(s) as agreed:

Lo= t 5 -      &nbs= p;      Minimum Lot Area – 10,000 sq.ft required & 9,393.70 provided

           &n= bsp;            Minimum Front Yard – 35 ft. required & 30 ft. provided

           &n= bsp;            Minimum Rear Yard – 30 ft. required & 21 ft. provided

           &n= bsp;            Minimum Lot Depth – 100 ft. required &= 86 ft. provided

           &n= bsp;            Maximum Lot Coverage – 20% permitted & 20.54% provided

Lo= t 4            &= nbsp;   Minimum Front Yard – 35 ft required & 12 ft existing

A side yard variance for lot 5, 15 ft. required & 12 ft. provid= ed, was eliminated on the side adjoining lot 4.

RESOLVED: Councilman Altenbach offered a motion to approve this application with variances as noted above and with all engineering conditio= ns per Neglia Engineering Associates. Seconded by Joseph Ascolese.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Sklow, Mr. Milliaressis, Councilman Altenbach, and Mr. Savalia voted yes.

           &n= bsp;            = ;            &n= bsp;            = ;           APPROVAL OF MINUTES=

           &n= bsp;            = ;            &n= bsp;            = ;           Regular Meeting August 18, 2005

Councilman Altenbach offe= red a motion to accept the accept the minutes of the Regular Meeting of August 18, 2005. Seconded by Joseph Ascolese. All voted yes.

           &n= bsp;            = ;            &n= bsp;            = ;           APPROVAL OF VOUCHERS

A motion was made and sec= onded to accept the following vouchers for payment:

           &n= bsp;            Neglia Engineering Associates   &nb= sp;           $2,0= 32.50

Page Three, September 15, 2005

Approval of Vouchers Continued

           &n= bsp;            Robert T. Regan, Esq.     = ;            &n= bsp;            = ;        $3,237.50

All board members voted y= es.

RESOLUTION OF APPROVAL

Site Plan Application #711

Block 100, Lots 10 & 11 – Livingston Street
Norwood Plaza= , LLC.

RESOLVED: Councilman Altenbach offered a motion to accept the Resolution of Approval on the above-indicated application as prepared by Mr. Regan. Seconded by Ms. Gu= ercio.

ROLL CALL VOTE: Joseph Ascolese, Ms. Guercio, Mr. Sklow,= Mr. Milliaressis, and Councilman Altenbach voted yes.

REPORTS

Zoning Subcommittee ̵= 1; Meeting canceled

Stormwater Management = 211; None

CORRESPONDENCE – NONE

OPEN & CLOSE TO PUBLIC

The board moved and secon= ded to open the meeting to the public. Since no one came forward, it was moved and seconded to close the meeting to the public.

Since there was no further business to come before the board, the meeting adjourned at 9:00PM.

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           &n= bsp;            = ;            &n= bsp;            = ;           Linda Grove, Board Clerk

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