Planning Board minutes 1989-12-04

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Minutes for the Meeting of December 4, 1989 2 1. The Board determines that: a. the request is a minor revision to the certificate of action and the special permit and does not require a revision to these documents or a public hearing. b. due to winter weather conditions, it will not be possible, or desirable, to install the finish course of paving or landscaping before the houses are completed and ready for occupancy. c. special circumstances, relating to prior real estate commitments, exist for units #3 (Brown) and #5 (Colwell) , would create a hardship that warrants a special treatment for those units but not for the other units in the development. d. permission to occupy units #3 (Brown) and #5 (Colwell) , is a minor revision to the plan in that it does not change the location of either dwelling or result in any change in the physical improvements described in the plan and may be made without a formal revision to the special permit and without a public hearing. 2. The Board approves a temporary revision to the certificate of action and special permit that would authorize the Building Commissioner to issue a temporary "Certificate of Occupancy" to Otis Brown for unit #3 and to Leonard Colwell for unit #5 to enable them to occupy their dwellings in the Turnburry Estates Subdivision; subject to the following conditions: a. These temporary certificates of occupancy will be valid until June 1, 1990. If all the work required, in conditions #9 and #12 of the Certificate of Action and #14 of the Special Permit, is not completed by that time, the temporary certificate of occupancy shall be revoked and the continued occupancy of those units shall be considered to be a violation of the conditions of the special permit and shall be subject to such penalties as the Zoning Officer may impose for noncompliance. b. Not later than January 25, 1990 and prior to the occupancy of unit #3, Otis Brown shall deposit surety with the Town, in the form of a bank passbook, sufficient to cover the cost of all required and unfinished improvements within the right of way. Otis Brown shall promptly submit to the Planning Board all the information necessary to determine the amount of unfinished improvements and the amount of surety needed. The occupancy of Mr. Colwell's unit is not dependent on the deposit of surety and he is permitted to occupy unit #5 when the Building Commissioner issues a certificate of occupancy. c. The applicant shall be responsible for all snow plowing and snow removal in the development, including the subdivision road, during the 1989-1990 winter season as the road is not sufficiently finished for the Town to assume this responsibility. R