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News December 14, 2006
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Tentative agreement reached over private road development
By Michaela Kennedy

The Planning Commission entertained questions and discussion about a proposed two-lot subdivision on Hull Cove Farm Road at its Dec. 6 meeting.

Quentin Anthony, the attorney representing landowner Norton Reamer, said that Reamer had reached resolutions with abutters concerning the use and maintenance of the private road located on the property. Reamer agreed to ask only to extend the road for one more lot, and agreed not to extend the road “if he ever decides to subdivide again in the future,” according to Anthony. He noted that Reamer would hire a civil engineer to design improvements “to sustain the intensity of the use of the road at his expense,” and would not widen or pave the road. “We reiterate that we honor the promise not to use Hull Cove Road for heavy machinery,” Anthony added.

Mark Liberati, the attorney representing neighbors who share ownership of the road, said his clients would like to see a road engineering design from Reamer presented to the town engineer for comment. “The issue of how the road gets built is open because we don’t have a plan yet,” he added.

Some planning commissioners brought up the question of whether the board had jurisdiction over a private road. Town Planner Lisa Bryer said that the jurisdiction came with the extension of the road.

Planning Commission Chairman Gary Girard agreed. It was standard procedure for the town engineer to review a proposal, he said.

Gail Thompson of Hull Cove Farm Road voiced the neighbors’ concern about the fragile condition of the road, and expressed the hope that “random service vehicles not use the road.”

Commissioner Jean Brown suggested that signs be put up for service vehicles.

Town Solicitor Lauriston Parks suggested that the commission could approve the subdivision subject

to the town accepting the plan. He also suggested that an easement be written stating the agreement to no future extensions of the road.

The commission decided against voting, and continued the public hearing to the next meeting on Dec. 20.

In new business, the five-member commission unanimously granted preliminary approval for a subdivision on Hamilton Avenue. Applicants Victor and Charlotte Richardson of 165 Hamilton Ave. said they purchased the land in 1948, “the same year we got married,” and planned to share it with family.

The commission also reviewed a construction design for a twobedroom house on North Bayview Drive. Michael Darveau, engineer for applicant Rosemary Baron, noted that the dwelling would have a 945-square-foot footprint on a 10,000-square-foot lot.

The plan met all setback requirements, he added.

Commissioner Richard Ventrone complained that the design allowed the possibility of putting up a wall in one large room to create a third bedroom. “The intent of the ordinance is to limit space,” he said.

“I don’t understand why that’s even an issue. It can only sell as a two-bedroom house, no matter what you want to do.” Commissioner Brown objected.

Commissioner Barry Holland agreed with Brown, adding that the intention of the ordinance was to limit the impact on neighbors, not limit space. “You’re trying to legislate on something that was already illegal,” he said.

The commission offered ideas regarding the management of storm water and continued the development plan review to a later date.

In correspondence, the town planner:

• Sent a letter to Michael and Janice Ryng Dutton granting administrative subdivision approval on North Main Road. The subdivision will incorporate excess land on Myrtle Street, Spruce Street, and Holly Street into existing lots owned by the Duttons.

• Sent a memorandum to the Town Council stating the proposed amendments to the Zoning Ordinance related to high groundwater and impervious overlay district.


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