August 17, 2006

Acton Planning Board

Meeting Minutes

August 17, 2006


Members Present:

Chip Venell, Yoli Gallagher, Tom Cashin, Brian Belanger, Abraham Damuth,

Members Absent:  Randy Goodwin, Jim Fiske

Guest Present:

Rick Meek, Pat Frasier, Leslie Berlan, Matt Winchell, Tom Milligan, Ken Paul (CEO), Michelle Rumney


Meeting called to order at 7:00pm by Chip Venell.


The minutes from August  03 were read and on a motion by Brian and Second by Yoli were accepted as written.

The board signs the Mylar previously approved for Liberty Lane.  The board has received corrections as addressed in the conditions of approval.

Matt Winchell addresses the board with concerns about his driveway that was created for road frontage 16 years ago.  The CEO at the time told him to build this road to town specs and it was done so, yet the driveway/road had never been accepted by the town.  It was first known as Edgecomb Drive, but had to be renamed to Fidelity Lane later on when another Edgecomb Road was accepted by the town.  Matt wishes to sell a piece of land that abuts Winchell Lane, however by todays codes this will give up his “road frontage” allowed by the town since they never recognized his driveway as a road.  He questions what he has done wrong since he did exactly what the CEO at the time had asked him to.

The only thing that the board can do legally now is review an application for a major subdivision, which is required to create a road.  Chip recommends that Matt obtain a subdivision book from the office upstairs and go through the list of submissions required and make a list of what he may want a wiaver for, bring back to the planning board with an application and then the board can go from there.  He should also have an engineer check the road/driveway and have whomever it is sign off that the road is built to the specs of the town.  Unfortunately there isn’t anything else the board can do as all roads have to go through this process.


Tom Milligan and Pat Frasier for Frasier Lane

Letter of credit submitted.  BH2M Review of engineering submitted.  Deed restrictions submitted. Note:  The deed restrictions refer to a Road Association which will be created upon sale of the lots.

Yoli questions as to why the deed restrictions would expire in 2035.  Shouldn’t these be indefinite?

Chip notes that when all the lots are sold that Pat Frasier should be taken out of the restrictions….there should be a separate clause addressing this.

SMRP letter of 8-17-06 from Jamie Saltmarsh is read and addressed

#1)  Not cut off by the road, road stops prior to the boundry line.  N/A

#2)  Homeowners documents are submitted

#3)  ROW to remain…in deeds

#4)  N/A

#5)  Redundant

#6)  Stormwater plan and letter of credit have been submitted.

Tom mentions that we should require a sign off by the engineer to be noted on the plans.

Findings of Fact are read for Fraiser Lane

A)  Will Not

B)  Yes

C)  N/A

D)  Will not

E)  Will not

F) Yes- private septic/ transfer station

G) N/A


I)  Will not

J)  Yes

K)  Yes

L)  N/A

M)  Will not

N) N/A


Brian motions to accept the 4 Lot subdivision of Fraiser Lane located at Map 8 lot 14 with conditions; Tom seconds the motion. Members vote and Fraiser Lane Subdivision is accepted with the following conditions:

1)  The Town of Acton’s Code Enforcement officer needs to be notified of what has been done to obtain withdrawal for payment.

2)  Design Engineer needs to sign off on completion to specifications and file with the CEO.

3)  Remove first paragraph of deed restrictions that has the expiration and clean up restrictions specifically #10.


Ken Paul (CEO) for Best Possible Location

Foundation for Robert and Leslie Berlan (map 43 lot 14/ 365 Langley Shores Drive)

The board reviews photos and site plans.  There is a foundation there now, however it is not complete and partial dirt.  Ken recommends that this be replaced

Brian motions to accept Ken’s recommendation for BPL; Abe seconds the motion.  BPL for Robert and Leslie Berlan is approved by the board.


Tom asks that the Comp Plan be added to the next agenda.  Michelle announces that she will not be able to attend the next meeting on Sept 7th.  Chip asks that the next time all board members are present that we remind him to do election of officers.


Meeting adjourned @ 8:50pm.