ANTRIM PLANNING BOARD
Minutes of the April 1, 2004 meeting
Members present:
Fred Anderson Scott Burnside Bob Edwards
Spencer Garrett Mike Oldershaw Dan Valley
Ed Rowehl
Members absent:
Bob Bethel
Public attendees:
Stuart Gross Steven Jones Lee Bosse , CBS Holdings
David Scott Lynn Scott Peter Mellen, Surveyor
Susan Stalbird Robert Palmer, Surveyor
Chairman Rowehl called the meeting to order at 7:00 PM. He announced that all parties that had run for election to the Planning Board had been elected and that all ordinance changes that had been presented at Town Meeting as ballot items had been passed. Since this was an organizational meeting, the first order of business was the election of a chairman and vice chairman. Scott Burnside nominated Mr. Rowehl as chairman. Mr. Oldershaw seconded the motion. There were no other nominations. Mr. Rowehl was elected chairman on a voice vote. Mr. Valley nominated Mr. Burnside as vice chairman. Mr. Anderson seconded the motion. There were no other nominations. Mr. Burnside was elected vice chairman on a voice vote.
Mr. Rowehl pointed out that the Board had acted improperly in it’s last meeting in that it requested the selectmen to appoint Mr. Edwards as an alternate member to the Board. The appropriate procedure for the appointment of alternate members is covered by RSA 673:6-II in that alternates are appointed directly by the Board. Mr. Oldershaw moved to correct the error by making a motion that the Board appoint Mr. Edwards to the Board as an alternate member. Mr. Burnside seconded the motion that passed on a voice vote.
The next order of business was a public hearing on the request by CBS Holdings, LLC for a Minor Subdivision. The applicant proposes to subdivide property at 444 Clinton Road, Antrim, NH, Tax Map 8A, Lot 3 in the Rural District into two (2) lots. Mr. Mellen presented the application and a plat that showed the separation of 24.2 acres from lot 3, map 8A, leaving a parcel with the dwelling of 4.5 acres. There were no abutter who spoke either in favor or in opposition to the application. The Board reviewed the checklist and granted waivers to subdivision regulations B.3.a(12), B.3.a(17), B.3.a(18), B.3.a(19) and b.3.b(4) as requested in Mr. Mellen’s letter dated March 10, 2004. A copy of the checklist and request for waivers is in Planning Board file #2004-06PB. Mr. Oldershaw asked what the ratio of wetland to dry
land was on the remaining 4.5 acres. Mr. Mellen said there was 142,000 square feet of dry contiguous land that exceeded the zoning requirements. Mr. Oldershaw moved that the requested waivers be granted. Mr. Burnside seconded the motion that passed on a voice vote. Mr. Oldershaw moved to accept the application of CBS Holding, LLC File # 2004-06PB for a minor subdivision for property located at 444 Clinton Road, Antrim, NH, Tax Map 8A Lot 3 located in the Rural District. The applicant proposes to divide the property into two (2) lots. Mr. Garrett seconded the motion. Roll call vote: Mr. Anderson – aye, Mr. Burnside – aye, Mr. Garrett – aye, Mr. Oldershaw – aye, Mr. Valley – aye.
Mr. Burnside moved to conditionally approve the application of CBS Holding, LLC File # 2004-06PB for a minor subdivision for property located at 444 Clinton Road, Antrim, NH, Tax Map 8A Lot 3 located in the Rural District. The applicant proposes to divide the property into two (2) lots.
The following conditions apply to this approval:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated April 1, 2004 as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alterations and adhere to all building, health and fire codes.
Mr. Anderson seconded the motion. Roll call vote: Mr. Anderson – aye, Mr. Burnside – aye, Mr. Garrett – aye, Mr. Oldershaw – aye, Mr. Valley – aye.
Mr. Bosse asked if the concept of a cluster housing development on the 24-acre tract would be acceptable to the Board. Mr. Oldershaw said that cluster housing was a permitted use but recommended that CBS Holding appear before the Board for a conceptual consultation before a lot of money is spent on detailed surveys and engineering drawings.
Mr. Garret moved to approve the minutes of the March 4, 2004 meeting as corrected. Mr. Anderson seconded the motion that passed on a voice vote. The members reviewed the minutes of the March 18, 2004 meeting. Mr. Burnside confirmed that he had questioned Mr. Mellen on the slope of the road and not on the slope of the lots as Mr. Oldershaw had thought. Mr. Oldershaw then moved to approve the minutes of the March 18, 2004 meeting as corrected pending the approval of Mr. Bethel. Mr. Garrett seconded the motion that passed on a voice vote.
Mr. Rowehl stated that the next order of business was to review the status of excavation sites. He stated that Ms. Mary Pinkham-Langer of NH DRA had advised the town that no excavation sites were operating under legal permits and that no sites in town were still grandfathered. It was the opinion of Ms. Pinkham-Langer and the Board that all excavation sites had to submit new applications to obtain new permits to continue in operation.
The first site to be considered was that of Smith & Lois Harriman, map 8A, lot 23 off of Elm Avenue. Mr. Palmer, surveyor for Mr. Harriman presented a plot plan showing the layout of the property. He stated that he had not had sufficient time to compile the information required on the checklist for the application of a permit. Mr. Oldershaw questioned the amount to be excavated on the Intent to Excavate form and the amount was corrected to 4,000 cubic yards. The consensus of the Board was to grant Mr. Harriman a temporary 90-day permit that would expire on July 1, 2004. Mr. Harriman was instructed to submit his application for a permit within the 90 day period or run the risk that the temporary permit would not be extended and the State would be notified which could result in his operation being shut down by the
State.
Mr. Burnside presented information on the excavation site owned by Matt & Dianne Chauncey, map 4, lot 49 off Bridle and Smith Roads. It was Mr. Burnside’s contention that documentation in the files proved that the site was grandfathered and therefore it was not necessary to submit an application for a new permit. There was a good deal of discussion as to whether or not the documentation met the three conditions required by the State (Mary Pinkham-Langer) as they were outlined in a letter sent to all excavation site operators and owners dated March 1, 2004. The consensus was that these conditions had not been met and that it was still necessary that an application be filed to obtain a new permit. The Board agreed to issue a temporary permit to the Harrimans for 90 days pending receipt of such an application.
Ms. Stalbird and Mr. Jones presented documentation that they believed entitled them to the grandfathered provision for a site on map 2, lot 64 at 149 Clinton Road. The Board reviewed the information and again determined that the three conditions noted above had not been met and that an application for a new permit was required. The Board agreed to issue a temporary permit to Mr. Jones for 90 days pending receipt of such an application.
M. Gross presented documentation that he believed entitled him to the grandfathered provision for a site on map 2, lot 8 at 250 Pleasant Street. The Board reviewed the information and again determined that the three conditions noted above had not been met and that an application for a new permit was required. The Board agreed to issue a temporary permit to Mr. Gross for 90 days pending receipt of such an application.
Mr. Burnside expressed concern that the requirements to file a new application could result in substantial costs to the pit owners. There was considerable discussion regarding the imposition of cost and requirements and it was pointed out by a number of members that the objective of the Board was to get all sites in compliance with State operations with the minimal of expense and inconvenience to the owners and operators.
The secretary pointed out that in past years the Planning Board had not properly administered their role as regulators of excavation sites and that the selectmen had issued intent to excavate without the proper permits being issued by the Planning Board. It was explained that the current requests by the Board were to insure compliance with RSA 155:E that was now being enforced by the NH DRA. The secretary suggested that it might be easier for the owner/operators to submit an application for new permits than it would be to find and provide the documentation required proving that the site is grandfathered.
The position of the Board was summarized by stating that the temporary permits were being issued to allow the selectmen to sign the Intent to Excavate forms and forward them to the State so that Excavation Site Certificates could be issued by the State. The Board was optimistic that applications for permanent permits could be filed by the expiration of the temporary 90-day permits. If the operator/owners showed good faith in providing the necessary information but could not complete the application within the 90 days, the Board would consider extending the temporary permits. However, if there was no evidence of complying with the request to submit such an application the Board could decide to notify the State that the temporary permit had expired in which case the State could decide to close the operation.
The Board then considered whether or not public hearings for the renewal of permits for existing sites would be required. The secretary was instructed to get an opinion on this matter from the Town Administrator and Town Counsel. It was the consensus of the Board that hearing fees and permit fees should be waived for existing sites for this initial go around to bring the sites into compliance.
The members agreed that Mr. Garrett would take the lead role and inspect other excavation sites that were believed to be closed to see if any reclamation was required. He will contact other members of the Board to arrange site reviews.
The members then reviewed the draft of a new excavation site ordinance to replace the one adopted by the Board in October of 1992. After some discussion, it was the consensus that a meeting should be arranged with all site operators and owners to review the proposed regulation with the members to develop a final version to present at a public hearing. Mr. Burnside suggested that the secretary contact Kim at New Boston to review their ordinance. He felt that it was a minimal regulation that adopted RSA 155:E by reference. The secretary was instructed to send a draft of the ordinance to all owners and operators and invite them to a meeting to be held on May 20, 2004.
Mr. Oldershaw reported that the selectmen had reviewed the matter of code enforcement and that it would be their policy to enforce any violations to the existing ordinances. One of the first to be dealt with would be the continuing violation on the Fairfield Whiting property off of Route 202.
Mr. Valley said that fuel deliveries at Cheshire Oil (Dunkin Donuts) were still being made in violation of the delivery schedule agreed to with the Planning Board. The secretary was instructed to contact Cheshire Oil again to resolve the problem.
Mr. Oldershaw inquired about the progress being made on the Capital Improvement Plan. The secretary indicated that the Fire and Ambulance Departments had completed their review and he planned to have inputs from The Highway department and Police Department by the next meeting.
The secretary presented an updated membership roster, a notice of violation issued to Mr. Grimes for renting U-Haul trailers, a notice to Mr. Brissette of construction within the 100 foot lakefront setback and advised them that the Fire Chief had a booklet available covering Water supplies for Urban & Rural Fire fighting.
Mr. Burnside asked if it would be possible to annex the old Aiken House lot to the library property so that it would not be necessary to have a warrant article each year to reserve the property for use by the library. The secretary was instructed to investigate the matter with the town administrator and town counsel.
Mr. Oldershaw moved that the meeting be adjourned. Mr. Garret seconded the motion that passed on a voice vote.
Mr. Rowehl adjourned the meeting at 9:45 PM
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Planning Board
| 
