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Board of Selectmen's Minutes 12/18/06
Board of Selectmen
Town of Tolland

MINUTES OF THE REGULAR MEETING – December 18, 2006 5:05 PM

Selectmen Present:     Eric R. Munson, Jr., James Deming and Steven DellaGiustina

Minutes of the previous meeting were accepted as read.

The Board of Selectmen met with Attorney Jerome Scully to discuss an invoice of $21,208.16 that was received from Southwick Electric. Attorney Scully stated neither Southwick Electric nor the former Highway Superintendent followed the bidding laws”. If the bidding laws are not followed the vendor cannot collect. Mr. Scully advised the board that he will file a “Summary Judgement” which is a statement of all facts given by both parties with none of those facts argued by either side. The legal result being Southwick Electric is not able to collect. The Board of Selectmen is willing to pay Southwick Electric the $10,000 that was approved at the Annual Town Meeting.

A verbal contract can be acceptable between a small contractor and The Town of Tolland.

Discussed with Mr. Scully the letter received from Terry Walker of Clubhouse Road notifying the board of damage that occurred to her vehicle while driving on Schoolhouse Road. On the advice of Legal Counsel the Board of Selectmen will submit a copy of the letter and invoice when received to MIIA for a liability coverage claim.

The Board of Selectmen discussed the upcoming Special Town Meeting which is regarding the easement request made by Mr. Dziedzic.

Also, the Board of Selectmen discussed the property owned by the Town of Tolland Map 116 Lot 10 Beetle Road. The board wanted clarification on the relocating of the “right away” which is located on Map 116 Lot 9.1.

Property owned by the Town of Tolland that is going to be available for purchase will be put out to bid for realtor’s commission.

Properties will be put out for bid in two options. Property located on Map 116 Lot 10 separately and then grouped together with all the other property. The bid will be listed in the Central Registry and also in the local newspaper. Property not listed with the realtor will be put out for a sealed bid. The Board of Selectmen will have the right to reject any bid.

Clarification of the survey requirement of the new Zoning Bylaw (Pre-existing nonconforming lots)

Site Plan Requirements for Special Permits –The Zoning Bylaw reads

Requirements: In all instances where a Special Permit is required for the proposed uses as specified in Section V. Table 1 - Land Use, no building or structure shall be erected or externally enlarged, or operation conducted and no area for parking, loading or vehicular service (including driveways giving access thereto) shall be established or changed, except in conformity with a Site Plan bearing the endorsement of approval of the Planning Board. Said Site Plan shall be drawn by a registered engineer or other qualified professional. It shall show, among other things

all existing and proposed buildings and structures and their uses,
parking areas
..    loading areas,
..    driveway service areas
..    all other open space areas,
..    all facilities for sewage, refuse and other waste disposal and for surface water
..    Zoning District boundaries,
..    all wetland areas, including perennial and intermittent streams, rivers, lakes,
      swamps, vernal pools and ponds within 200 feet of proposed work area, and
..    all landscape features (such as walks, planting areas, trees, fences, and signs)
     on the lot.

b. Waiver of Requirements: The Planning Board may waive or modify any of the
foregoing requirements if they determine that the requirement is not applicable or is
clearly not needed for evaluation of the Site Plan. Said Site Plan shall be subject to such rules relating to scale, dimensions, legend, form and preparation as may from time-to-time be promulgated by the Planning Board and published in the Applicant’s Guide to the Approval Process available from the Tolland Town Clerk.

Tolland Zoning Bylaw requires a site plan review from the Tolland Planning Board before a building permit can be issued. When changing the existing footprint the owner or contractor must present a plot plan provided it is not encroaching on the setback requirements, a land survey by a qualified person is not required. (ie can be drawn by anyone) If the setbacks are being encroached upon then it becomes a Special Permit requiring a land survey by a qualified surveyor.

The Building Inspector determines if the dimensional requirements are met and if so then the building permit can be issued, if not the Building Inspector will require a land survey by a qualified person. The Building Inspector is responsible for checking the lines.

A discussion with Mr. Scully regarding the present policy on construction on nonconforming lots (i.e. a lot which does not meet zoning regulations).

Any pre existing nonconforming lot can be built on by right provided that the structure falls within the minimum set backs. A Special Permit is needed when a nonconforming structure (change in the foot plan) is altered. When the setbacks can not be met the approval of the Board of Appeals is required.

When an issue occurs between the Planning Board and the Building Inspector who mediates? The Building Inspector is the agent of the Board of Selectmen. The Planning Board makes the rules and the Board of Selectmen through their agent enforces them.

The Planning Board or the Building Inspector can request the applicant to seek a variance through the Board of Appeals.

The Planning Board is in charge of the master plan, studying and updating the bylaws and to some extent special permit granting authority. Also, assists the Building Inspector.

Meeting adjourned 7:20PM
Respectfully submitted,
Margaret McClellan

Eric R. Munson, Jr
James Deming
Steven DellaGiustina
Board of Selectmen

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