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Planning Board Minutes 07/15/04

ANTRIM PLANNING BOARD

Minutes of the July 15, 2004 meeting

Members present:
Fred Anderson           Bob Edwards                     Bob Bethel                       Spencer Garrett                Mike Oldershaw          Ed Rowehl               
Dan Valley
Members absent:
        Scott Burnside  
Public attendees:
        Robert Palmer           Helen Weymouth          David Weymouth
        Cynthia Crockett        Chris Rawnsley                  Shannon Rondeau
        Michael Rondeau Bernadette Todd         Ernest Todd     
        Peter Mellen, LLS       Donald Knapton          Jeanne Knapton
        Paul Falcigno           Theresa Falcigno                Peter Beblowski
        Martha Pinello          Bob Wilson                      Smith Harriman
        Chet Banks              Michelle Banks                  Fed Blair
        Andrew Robblee
Randy Bragdon (Souhegan Valley Engineering, Inc.)

Mr. Rowehl opened the meeting at 7:00 PM by introducing the Board members and designated Mr. Edwards to sit for Mr. Burnside. The first order of business was the continuation of the public hearing on the application of Smith Harriman to expand his excavation site on Elm Avenue. Mr. Palmer presented revised drawings that addressed the requirements established by the board at previous meetings. He also presented an exploded view of the site which is to be expanded which showed the location of the test pits that were drilled. He also provided the test pit data. He stated that Mr. Harriman would start the reclamation program immediately and that he proposed to complete it within 12 months. Mr. Palmer stated that there was some engineering work to be done by Mr. Harold Wood to complete the design of a berm to control silt runoff and that this work should be completed within a week. Mr. Beblowski asked if Mr. Palmer had located the boundary marker on the corner of the Pinello property that he recalled as being about 14” above grade. Mr. Palmer stated that he had been unable to locate it and that if he could not find it he would then have to replace it. Mr. Beblowski asked when the engineering would be complete and Mr. Palmer said in about a week. Mr. Beblowski asked the Board to delay any decisions until the application was complete and could be submitted to the Conservation Commission for comment. He also stated that he is a disapproving abutter and he reserves final comment until the application is complete. The secretary then read a letter from Ms. Spaulding, an abutter that expressed her concerns with the operation of the excavation site. A copy of the letter is in planning board file # 2004-12PB. There were no other abutters present who wished to speak either in favor or against the application. The hearing was continued until August 19, 2004 to allow time for the additional information to be provided by Mr. Palmer and for the Conservation Commission to review the completed application.

The next order of business was a public hearing on the request by Donald E. Knapton, Sr. for a Major Subdivision. The applicant proposes to subdivide property on Lake Pierce Road, Antrim, NH, Tax Map 7A, Lot 65 in the Rural and Lakefront Residential Districts into eleven  (11) lots. Mr. Rowehl ascertained that the application had been duly noticed and abutters notified. Mr. Mellen, surveyor for Mr. Knapton presented a series of drawings showing the proposed development and explained that the project consisted of three annexations and a subdivision of the resulting property. He explained that the road being proposed would be built to Class V specifications; however, it would remain as a private road. He confirmed that there would be no access into the subdivision from Wheeler Cove Road. He indicated that the lots which were less then 5 acres in size would require State subdivision approval which had been applied for but not received as of this evening. He stated that application had been made for Site Specific Permit because of the amount of ground being disturbed but as yet they had not received approval. He pointed out that there would be no connection from the proposed roadway to the 25’ driveway easement located on Map 7a, Lot 66-8. He then turned the presentation over to Mr. Bragdon who presented drawings showing the construction of the road. Mr. Bragdon emphasized the provisions that were being made to control runoff. He stated that the design was such that it would significantly reduce the rate of flow of runoff under Wheeler Cove Road because of the constriction of the culvert that would cause water to accumulate in the wetlands. He stated the design took into account 50 year storm statistics.

The secretary then read letters from the Antrim Conservation Commission and abutters Michael & Shannon Rondeau, Eric & Nancy Piekarski, Barbara Jagla and David & Helen Weymouth. These letters are in planning board file # 2004-14PB. Mr. Rowehl then asked if there were any abutters present that were in favor of the application. Mr. Falcigno stated that he had no particular objection but was concerned about what affect the subdivision would have on Wheeler Cove Road and the properties. He sited severe water runoff about ten years ago after the property had been virtually clear-cut which resulted in substantial washout of Wheeler Cove Road. He suggested that the Board members visit the site and Mr. Rowehl assured him that they would do so before making any decisions. Mr. Beblowski asked what provisions were being made for maintenance of the road. Mr. Knapton stated that the homeowners living on the road would be responsible for maintenance and that this would be covered in the property deeds. Mr. Blair stated that he wasn’t necessarily in favor of the subdivision but he did not object if Mr. Knapton met all the regulations. If he had any choice in the matter he would prefer that the property remain as wooded land. Mr. Rowehl then asked for abutters to speak who were in opposition to the proposal.

Mr. Rondeau asked the Board what criteria were used as the basis for making a decision. Mr. Rowehl stated that Federal and State requirements had to be met. The secretary stated that the Board was required to abide by the Subdivision regulations and he gave a brief summary of the factors that were taken into consideration. Mr. Weymouth asked if the Board would allow the subdivision to go forth before it had received information from the regulatory boards. Mr. Rowehl stated that no decision would be made until all approvals had been received. Ms. Weymouth presented photographs showing the area that head been cleared. She expressed concerns that more area had been cleared then was required for the road and that substantial wetlands had been disturbed which would result in pollutants such as fertilizer running off into the lake. Ms. Crawford referred to a letter that had been submitted to the Board during Mr. Knapton’s application for a subdivision that was granted in 2000. She pointed out that many of the concerns regarding traffic, vandalism, loss of green space; etc. which had been expressed four years ago, had come to pass. She questioned whether or not the lake could support such a subdivision that in her opinion would destroy the flavor of Antrim. She felt that granting Mr. Knapton’s last subdivision has increased traffic, particularly construction trucks that will damage Pierce Lake Road and fostered drag racing. She felt that granting the subdivision would be in complete disregard for the concerns of the current abutters. She also asked that the Board members visit the site before rendering any decisions. Mr. Beblowski felt that the Board should consider over development with some forward planning for the future. Mr. Rawnsley objected to the proposal based on the scope. He felt that this was the only large tract of land that provided a greenway for wildlife to access the lake. Ms. Crawford felt that eleven lots were excessive, especially in light of the other subdivisions that were being considered in the area.

Mr. Rowehl pointed out that before any decision would be made the Board would be seeking inputs from the Police and Fire Chiefs, the Road Agent and perhaps the School Board. Mr. Beblowski asked whose idea it was to create a lot with a fire pond. Mr. Knapton said he had suggested it to the Fire Chief who felt it would be a good idea. Mr. Rowehl asked who would construct the fire pond and Mr. Knapton stated he would do so. Ms. Todd objected to the idea that the town would not only loose tax revenue on the 6 acres of land but taxpayers would have to bear the expense of maintaining a fire pond for the benefit of the ten property owners in the subdivision. Mr. Oldershaw indicated that the Board would consider what impact accepting the land and the fire pond would have on the town. Mr. Knapton stated that if the town objects he isn’t obligated to build the fire pond and would withdraw his offer. Mr. Rondeau pointed out that in the previous Knapton subdivision, stipulations were made that homes would be of a certain size, be year round residences and similar guidelines. He asked if the same provisos would apply to this subdivision. Mr. Knapton indicated that he would require the same covenants. Mr. Robblee asked if any more trees along the road were to be cut and if any gravel was to be removed from the site. Mr. Knapton said that he would only remove trees along Pierce Lake Road for the entrance into the subdivision and was only removing enough gravel to be used in the construction of the road. Mr. Rondeau was concerned about the damage being done to the driveway across his property because of the heavy trucks and asked what remedy would be taken. Mr. Knapton stated that he would put the road back “as good as the day it was at the beginning of the project” at his expense. The question was asked if the deeds would stipulate that there would be no entrance into the subdivision from Wheeler Cove Road. Mr. Knapton stated that the terrain would not permit such access. A general discussion followed regarding the area that had been clear cut. Mr. Mellen pointed out that he had flagged the area and felt that the cutting had been restricted to the flagged area. He said that this could be confirmed if the Board planned a site review. Ms. Crockett felt there was excessive use of Pierce Lake Road by construction trucks. Mr. Knapton pointed out that such traffic was for other projects on the lake and not for his development. Mr. Oldershaw said that the Board would ask the Road Agent to inspect the condition of the road. Mr. Banks asked how many new driveways would exit on Pierce Lake Road. Mr. Mellen said there would be two in addition to the main road into the subdivision. Mr. Banks also asked how much gravel was to be removed. Mr. Bragdon said between 12’ and 14’ in the area shown on the drawing. Mr. Oldershaw asked if the property were in current use. Mr. Knapton stated that it was not. Mr. Oldershaw felt that SWRP should be consulted regarding the fire pond and perhaps the entire application. Mr. Rowehl said that a site review should be scheduled. Mr. Oldershaw felt that SWRP should be asked to join the site review as well as concerned citizens. The secretary agreed to notify all abutters of a scheduled site review. Mr. Mellen asked if the Board would consider reviewing the checklist and accepting the application. The consensus of the members was that they required more information. Mr. Rowehl continued the public hearing until August 19, 2004.

The next order of business was the public hearing on the request by James & Rosemary Tyler for a Minor Subdivision. Mr. Rowehl confirmed proper public notice. A representative of Design Build Homes, LLC presented a plat. A general discussion followed clarifying the proposed subdivision and the checklist was reviewed. Mr. Oldershaw moved to accept the application of James & Rosemary Tyler for a Minor Subdivision. Mr. Anderson seconded the motion. Roll call vote: Anderson – aye, Bethel – aye, Edwards – abstains, Garrett – aye, Oldershaw – aye, Valley – aye. The motion passed.

Mr. Garrett moved to conditionally approve the application of James & Rosemary Tyler, File # 2004-15PB for a minor subdivision of property located at the corner of Elms Street and Concord Road (Route 202), Antrim, NH, Tax Map 1C Lot 167 located in the Village Business District. The applicant proposes to annex a portion of lot 167 to Tax Map 1C, Lot 166 and subdivide lot 167 onto two building 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 July 15, 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.
The applicant will provide the Board with written approval from the Water and Sewer Department.
The Mylar to be signed will certify the type of monuments and the date set.

Mr. Anderson seconded the motion. Roll call vote: Anderson – aye, Bethel – aye, Edwards – abstains, Garrett – aye, Oldershaw – aye, Valley – aye. The motion passed.

Me. Edwards moved to approve the minutes of the July 1, 2004 meeting. Mr. Valley seconded the motion. Which passed.

A discussion followed regarding the need to update the master plan and continue work on ordinances such as cluster housing. Mr. Edwards will check with the secretary to see if he can assist with revising the ordinance for cluster housing. The secretary will devise a program for updating the master plan.

The secretary indicated that Mr. Zimmerman had submitted an application for his excavation site but it was not complete. The Board discussed the Harriman application and the consensus was that members should conduct a site review after the final drawings are reviewed. In the meantime Mr. Garrett will review Mr. Beblowski’s letter to see if his concerns about the Harriman site had been addressed.

Mr. Edwards moved to adjourn the meeting. Mr. Anderson seconded the motion that was passed. Mr. Rowehl adjourned the meeting at 10:20 PM.

Respectfully submitted,




Paul L. Vasques, Secretary
Antrim Planning Board