Minutes of the Sweden Planning Board Meeting June 19, 2008
There was a site walk scheduled for 6:30 at the deWildt property to review the dock for which they have requested a CUP. The Board and the CEO then adjourned to the Meeting House for the Public Hearing and to conduct regular business.
The public hearing was called to order at 7:00 pm by Grace Keef, Chairperson. In attendance were the following Planning Board members: Ron Kiesman Wolfgang Duve, Rob Slattery and First Alternate John P. Smith and CEO Eric Gulbrandsen. None were absent.
Eric made the presentation for Warren and Abigail deWildt at 58 Wint Rd. for a CUP for a dock addition 4' X 10' and a 5' X 10' section (for a total of 32 ft long). Also to be considered, is a removable 12 X 16 platform on the shore in 2 pieces . All agree the dock is fine but the deck is not in compliance.
John made a motion to approve dock, Ron seconded - unanimous approval. . John made a motion and Ron seconded the motion to deny the deck portion. The Board voted unanimously to approve the dock and deny the deck on shore. The Public Hearing was closed at 7:20 PM.
Grace mentioned that Jack Wadsworth was expected at 7:30 PM to continue discussion of Woodbury Hills Subdivision.
John Smith believed that they told Dan Casey that they would do further research. John made motion that Board not do any further research since Mr. Casey has not provided any additional request in writing as discussed. - Ron seconded. Unanimous approval since it is the applicant's responsibility to do the research.
John made a motion and Grace seconded motion that Board rescind their approval of subdivision. When Grace was preparing Findings of Facts- she was not comfortable with the result. Ron called SMRPC - K&W has also contacted them - Ron would like to send it to SMRPC for review. Wolfgang understood that this section is part of a cluster development and the rest is not. Ron understands that whole property is in cluster subdivision and anything done with that property has to comply with cluster requirements. Per Grace whole piece of property is called Woodbury Hills Subdivision. The Board wants to protect future buyers and make sure that everyone understands what they are buying into and to prevent any future problems for the applicant as well. Grace just wants to be sure that the Board is clear and the recorded plans are clear for future use. The Board voted to rescind their approval of subdivision plan. Three in favor and 2 opposed. Ron made a motion to send the plan to SMRPC - SMRPC said they have never seen a cluster not consume the whole piece of land. K&W added note 21 that covenants do not apply to lot #9. Per John - Sweden's Subdivision and Zoning Ordinance have a requirement that the lots come off of private road. This is the problem. The Board cannot waive this requirement since it is not just a Subdivision Regulation requirement (Section 10.9 Cluster Developments B. 12 (page 36) but also a Zoning Ordinance requirement Section X. Performance Standards B. Cluster Developments. 12 (page19) . The Board does not have the authority to waive requirements of the Zoning Ordinance. The question is - once you make the piece of property a subdivision is it all subdivision. Per Eric - that doesn't make the whole subdivision a cluster. This is what the Board wants to be clear about. John reminded K&W that the fee will have to be paid by K&W. Ron made a motion and John seconded it to send the plan to SMRPC - 4 in favor one opposed. Will send plan dated June 17, 2008. Grace will try to get it together (plan with covenants ) and get it mailed by Tuesday. Grace will call SMRPC and find out what needs to be sent. Meeting adjourned at 8:40 PM