ANTRIM PLANNING BOARD
Minutes of the February 3, 2005 Meeting
Members Present:
Fred Anderson Scott Burnside Bob Edwards Spencer Garrett Mike Oldershaw Renee Rabideau
Ed Rowehl Paul Vasques, Secretary
Members Absent:
Bob Bethel Daniel Valley
Public Attendees:
Meredith Cooper Eric Twarog R. McWalters Ken Boucher Wes Enman Anne Enman Tim Ferwerda Steve Jones
Susan Stalbird
John Doughty Terry Schnare
Chairman Rowehl opened the meeting at 7:00 pm and designated Ms. Rabideau to sit for Mr. Bethel and Mr. Edwards to sit for Mr. Valley.
Chairman Rowehl then introduced Eric Twarog and Meredith Cooper from the Southwest Region Planning Commission. Mr. Twarog gave a summary of the Planning Board Assistance program. The program provides extra assistance to municipal planning boards beyond what is available through general membership. They will attend one planning board meeting a month. There was some discussion as to which meeting SWRPC should attend. Mr. Oldershaw suggested that it would be more beneficial if they attended work sessions. The consensus of the board was that the first Thursday of the month should be for public sessions, and the third Thursday should be for work sessions that SWRPC would attend. Mr. Twarog also pointed out that they would be available for more assistance for subdivision and site plan reviews if the board felt that it was needed. Those types
of services would be at an added cost which would be charged to the applicant. The board agreed that they would take advantage of such services on a case by case basis.
The next order of business was to consider the application of Mrs. Abigail Fuller for two Lot Mergers. At their January 20th meeting the board decided that Mrs. Fuller needed an easement for a 20’ wide shared driveway to access lot O. Mrs. Fuller would like to avoid a costly survey if possible and wanted clarification from the board as to how formal the delineation of the easement needed to be. Mr. Oldershaw pointed out that it has to be spelled out in detail because it would be registered in the deed. Mr. Vasques suggested that an alternate to a costly survey would be to merge tracts E & F into one lot and merge tracts C, D & O into another lot. The board agreed that this would be acceptable. Mr. Vasques will contact Mrs. Fuller and advise her of her options.
Mr. Edwards moved to approve the minutes of the January 20, 2005 meeting as corrected. Mr. Anderson seconded the motion, which passed.
Mr. Rowehl opened the public hearing on the application of Matthew & Patricia Zsofka for a Minor Subdivision. The applicants propose to subdivide property at 20 Pierce Lake Road, Antrim, NH, Tax Map 7A - Lot 60 located in the Rural District into three lots. Mr. Vasques noted that the application was duly advertised in a local newspaper, and all abutters had been notified. Ms. Rabideau recused herself from voting on the application because she is an abutter. Mr. Ferwerda from Meridian Land Services presented drawings of the property and pointed out that two new building lots are proposed. He also noted that they have acquired all the state approvals that are needed as shown in Notes #’s14 & 15 of the checklist. He also noted that the buffer to the wetlands on lot 7-A-60-2 was increased from 25’ to 50’ as was
requested by the Zoning Board of Adjustment. Ms. Rabideau asked if there was a breakdown of the wetlands and contiguous uplands. Mr. Ferwerda said he did not have the information. Mr. Rowehl asked for public comments. Mr. Enman, an abutter on the south side of the property is opposed to the subdivision. He spoke on how there would not be enough room on the lots for a house without encroaching on the setbacks and that a shared driveway is not in keeping with the rural character of the neighborhood. He also stated that the headlights of cars driving on the driveway on the back lot would shine right into the back of his house. Mr. Enman noted that there is an existing septic system that is not shown on the current drawing. He also stated that there is a natural buffer near the driveway and is concerned that it may be removed during the construction of a driveway. Mr. Ferwerda addressed the septic system concerns that were raised by the board. He noted that all test pits and perc
tests have been done on each lot. State subdivision approvals for the front lots have been obtained. Mr. Ferwerda assured the board that they will determine where the existing septic system is and note it on the final Mylar. Mr. Enman asked if there could be a natural buffer between the driveway for lot 7A-60-2 and the stonewall to prevent the landowner from clear cutting the area. Mr. Vasques noted that the property owner has the right to cut whatever trees he wants to on his property and the planning board has no authority to prevent him from doing so. Mr. McWalters, the attorney for Mr. Zsofka said the he will ask Mr. Zsofka to include a covenant in the deed to protect the buffer zone. It was noted that the proposed shared driveway on lot 7A-60 should not go beyond 50’ and the driveway as shown is approximately 130 feet. Mr. Ferwerda commented that the driveway was designed to obtained agreement from the Board of Adjustment to avoid crossing the wetlands on lot
7A-60-1. The checklist was then reviewed: #14: requires a note on the Mylar. #18: Mr. Vasques said that the Mylar will not be signed until all pins are set. The consensus of the board was that a site review should be performed by the members. Mr. Ferwerda will stake the property for ground controls required by item #21. #29: The signature of the owner is required on the final Mylar. #31: The consensus of the board was that copies of any easements need to be seen prior to the signing of the Mylar. #34: The adequacy of lines of sight for the driveway will be determined during the site review. Mr. Ferwerda will notify Mr. Vasques when the property is flagged who IN TURN will set a time for the board to conduct the site review. Mr. Rowehl continued the public hearing on the application to 7:30 PM on March 3, 2005.
The next order of business was the continuation of the May 20, 2004 & January 20, 2005 public hearings on the request of Kenneth & Susan Boucher for a change of use for property located at 1054 Concord Street, Antrim, NH 03440, Tax Map 7, Lot 40 located in the Highway Business District. The applicant proposes to sell firewood and heating accessories. Mr. Boucher noted that everything was in order and he was only waiting for final delineation of the wetlands for submittal to DES. Mr. Vasques suggested that the board could allow him to get started with his business but should conditionally require that any disturbance of the terrain be in conformance of DES requirements. Mr. Boucher requested that the hours of operation be 7:00 AM – 7:00 PM seven days a week. Mr. Edwards asked if Mr. Boucher would consider operating hours of 7:00
AM – 7:00 PM Monday through Saturday and 9:00 AM to 5:00 PM on Sundays. Mr. Boucher said that this would be agreeable. The checklist was reviewed. Mr. Boucher said that the office would be contained in the boat which already had electrical power. He said that sanitary facilities would be satisfied by a porta potty which would be serviced monthly. A motion was made by Mr. Anderson to conditionally approve the application of Kenneth & Susan Boucher, File #2004-08PB for a change of use of property located at 1054 Concord Road, Antrim, NH Tax Map 7 Lot 40 located in the Highway Business District. The applicant proposes to sell firewood and heating accessories. The following conditions apply:
1. Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated May 20, 2004 and February 3, 2005 as they pertain to this application are a conditional part of this approval.
2. The applicant is to obtain a building permit for any construction or alterations and adhere to all building, health and fire codes.
3. All construction shall comply with the requirements of Article XII (Floodplain Development District) of the Antrim Zoning Ordinance
4. No commercial activity shall be conducted within the setback lines.
5. Any terrain alteration shall comply with the requirements of DES.
6. Hours of operation shall be 7:00 AM – 7:00 PM Monday – Saturday and 9:00 AM – 5:00 PM on Sundays.
7. Written approval of the Fire Chief is required.
The motion was seconded by Mr. Oldershaw. Roll call vote: Mr. Anderson – nay, Mr. Burnside – nay, Mr. Edwards – aye, Mr. Garrett – nay, Mr. Oldershaw – aye, Ms. Rabideau – aye. The tie vote was broken by Chairman Rowehl who voted in favor of the motion.
The next order of business was to hear questions from Steve Jones and Susan Stalbird on what exactly was required to file for a permit for the excavation site that has been operating for years. Ms. Stalbird felt that this was a small pit and was grandfathered and that they did not need to notify the abutters. Chairman Rowehl explained that being grandfathered only meant that you are exempt from obtaining a variance from the Zoning Board of Adjustment but you are still required to file for a permit every five years. Mr. Jones asked if a site specific permit was required and was told that none was. Ms. Stalbird thought that since the site was only about two acres in size, the permitting process was not necessary. Mr. Vasques pointed out that the size of the excavation site has nothing to do with whether or not a permit is required. Following
some discussion of requirements in the checklist, Mr. Oldershaw said that Mr. Jones should file the application and provide the information requested in the checklist. He suggested that the board could determine the adequacy of the information supplied before proceeding to a public hearing. Mr. Jones agreed to this approach.
Members were provided with copies of a letter sent to Mr. and Ms. Motherway from the code enforcement officer, Jeff Parsons, regarding a sign displayed on their property located at 1167 Concord Street, Map 7 Lot 92 for which a permit was not issued. The sign does not comply with the sign ordinance. Furthermore, they should have filed for a Change of Use if the property is being used as either a Home Occupation or a Home Based Business. A copy of a letter from Peter Beblowski, Chairman of the Antrim Conservation Commission was provided stating the commissions adopted policy regarding wetland/buffer crossings under the proposed amendment to the Antrim Wetland Ordinance.
There was no report on the transportation committee. Mr. Edwards said that the Open Space Committee will have their next meeting on February 15th. Mr. Edwards stated that he has not been able to establish a “Growth” committee as yet. Mr. Twarog said that he would be able to help Mr. Edwards on the Growth Committee since Southwest Regional Planning had worked with other communities in this area. There were no new ordinances or regulation changes proposed.
The board moved on to the conceptual consultation of the Mighty Oaks Realty, LLC Major Subdivision located at 318 Concord Street (Route 202). Mr. Doughty from Doughty Surveying, Inc. presented an overview of the 22 lot subdivision. Mr. Edwards pointed out that Ann Edwards is not noted on the map as an abutter. Mr. Doughty said that she is an abutter and her name would be added to the drawing as an abutter. Following some generalized discussion, the checklist was reviewed: #19: Mr. Vasques pointed out that lot numbering should conform to the system used by the town. #23: Ground control would be established with the granite road markers. #25: The board felt that the Police Chief should look at the plans and advise on possible traffic control signs. #29 & #32: The Sanitary & storm drain drawings are pending from the engineering firm.
#30: The utility lines will be located by PSNH. # 38: Drafts of conservation and other easements will be provided. #42: bounds are to be set. Items 48 through 58 are to be provided before a public hearing. It is the intention of Mr. Schnare for the road to become a town road. The town will hire engineers at the expense of the applicants to monitor the road construction and Mr. Schnare will bond the project. Mr. Oldershaw suggested Mr. Twarog work with the board on this project. The board agreed. A public hearing will be scheduled for February 17, 2005
Mr. Anderson moved to adjourn the meeting. Mr. Garrett seconded the motion, which passed. Chairman Rowehl adjourned the meeting at 10:00 PM.
Respectfully submitted,
Donna Hanson, Recording Clerk
Antrim Planning Board
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