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04-4-2018 MINUTES

Planning · Source meeting date: 2018-04-04 · Record 58591

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Saved text from 2 of 4 source pages. Transcription and OCR may contain errors; verify figures and wording against the original.

Source page 1

TOWN OF CANTON 
PLANNING BOARD MEETING 
WEDNESDAY, APRIL 49 2018 
SALAH MEETING ROOM 
801 WASHINGTON STREET 
7:00 P.M. 
TOWN HALL 
Present. Thomas Scully, Chairman 
Robert Panico, Nice Chairman 
Michael Mitcheroney, Cleric 
David McCarthy 
Patricia McDermott 
Also Present: Thomas Houston, Professional Services Corporation 
Laura Smead, Town Planner 
Karen Lawlor, Administrative Assistant 
Chairman Thoinas Scully called to order the Planning Board meeting of April 4, 
2018 at 7:00 Pomo 
A motion was made by Mr. Panico and seconded by Mr. McCarthy to open the public 
meeting. Motion Approved 5-0. 
A motion was made by Mr. Panico and seconded by Ms. McDermott to open the first 
hearing. Motion Approved 5-0. 
First Item on the Agenda - VMATE TAIL ESTATES (Albert Street) - Discussion 
regarding Modification of Subdivision Plan (Josh Borden; Stephanie LoPilato; 
Richard R. Staiti, Esq.) 
Attorney Staiti introduced himself and explained that the Applicants are before the Board for 
a minor modification of their plan. He would like to explain a little of the background: This 
subdivision was approved about four (4) years ago in accordance with Section 1.4.2.1 (which 
allows for 2-4 houses); The Applicant built one house for himself and family; this was an 
improvement to the lot by moving the proposed other house forward and closer to the front 
to avoid the ledge in the rear; the Fire Chief has given his approval of the new plan and is 
being less disturbing of the land; all dimensional requirements are being met; no variances 
are required; and there is more open space. 
Chairman Scully asked why the original plan couldn't have been done; this new road doesn't 
meet the requirements of frontage for a road. This will set precedence and will be 
problematic in the future. Further, there is no drainage on the plans, so the applicant wants 
to shrink the road and have no drainage? What is considered a minor modification?

Source page 2

Planning Board Minutes 
April 4, 2018 
Page 2 of 4 
Mr. Houston explained that he has a few comments on this Plan. This is a policy issue and 
(1) is this a minor modification; and (2) is this plan approvable at all? There are dozens of 
locations that are presently able to be developed all over town with this same issue and this 
will set a precedent of this nature, so he feels this is not a minor modification. Further, the 
hammerhead needs modification, because a passenger vehicle wouldn't be able to turn 
around. 
Chairman Scully explained that the Applicant needs to file a minor modification plan with 
the subdivision fully done and we can continue this until sometime in May. 
Next Item on the Agenda - McKendU Grove (Drainage/Groundwater 
Modification) (James LaMarr, Developer; Paul Brodmerkle, Site Design) 
Paul Brodmerlde explained that there was flooding and runoff on Hemlock. They did a site 
walk of the property with the abutters. They will put in a siltation control system and create 
a temporary diversion which was approved by the Conservation Commission. The lower 
ground table was always in place but they didn't have the temporary diversion. 
Mr. Houston explained that this is a permanent solution and will diminish the groundwater. 
This will not completely stop but it will definitely help. This water problem has been a 
natural occurrence since the beginning of time. 
James LaMarr, owner of the subdivision, explained that the day he found out there was a 
problem, he was in the Town Hall and spoke with the Building Inspector and the Planning 
Board Office, and a site walk was planned immediately. The erosion control was in effect but 
not sufficient for the water flow, which was built in stages. At the time of excavation, there 
was no groundwater. 
Further, Mr. LaMarr stated that he doesn't appreciate the derogatory comment made by Mr. 
McCarthy, stating that he was an incompetent developer. Further, 98% of the project was 
complete and they had to shut down due to the weather and frost. He shut the project down; 
walked the property; and has many years of doing drainage systems. Many have outflows 
and there were no problems or complaints in the past. He is working with Mr. Houston and 
following the Order of Conditions from the Conservation Commission. The weather didn't 
allow for the completion of the project at that time, and the minute he heard there was an 
issue, he was in the office 15 minutes within receipt of an email. 
Mr. LaMarr further explained that this was a loo year storm and house #26 has three (3) 
springs in their backyard. There was no way to anticipate this issue and this nasty storm, 
and he will mitigate any issues that arise. 
A motion was made by Mr. Panico and seconded by Ms. McDermott to Approve the 
Groundwater Modification Improvement Plan. Motion Approved 5-0.