ANTRIM PLANNING BOARD
Minutes of the March 17, 2005 Meeting
Members Present:
Scott Burnside Bob Edwards Bill Prokop Renee Rabideau Brian Sawich
Members Absent:
Fred Anderson Bob Bethel Ed Rowehl
Public attendees:
Dick Winslow Peter Beblowski Anne Enman Wes Enman Jane Corliss David Corliss
Tim Ferwerda Doris Ann Edwards Chris Danforth
Anthony Costello John Doughty Terry Schnare
Meredith Cooper, SWRPC
Vice Chairman Burnside opened the meeting at 7:00 PM by designating Ms. Rabideau to sit for Mr. Rowehl. He welcomed Brian Sawich as the newly elected member of the Board and congratulated Mr. Edwards on his successful election, thus changing his position as alternate to that of member. He acknowledged Mr. Prokop as the representative for the selectmen this evening and noted that Mr. Haggett has been designated as the Ex-Officio member representing the selectmen.
The first order of business was to review a request by Mr. Winslow who wished to sell a parcel of land that he owned. The secretary presented maps and documentation showing that the parcel to be sold was designated as tract 4 consisting of about 8.5 acres and shown on the tax map as Lot 5-155 consisting of 34.8 acres. The tract is defined in Deed Book 1965, Page 321. The secretary explained that based on similar situations where adjacent tracts under one ownership where combined into one parcel for taxing purposes by the selectmen in the mid 70s, town counsel has advised that each tract is in fact a legal existing lot. That being the case, each tract can be sold off as an individual lot without requiring a subdivision survey, providing that no non-conforming lot be created in the process. The secretary asked the board to rule on the question
of whether or not Mr. Winslow had to survey the land in order to sell tract 4. Mr. Edwards moved that it was not necessary to do so. Mr. Prokop seconded the motion which passed unanimously. The secretary asked if this decision could be used as policy for similar requests in the future. It was the consensus of the board that each request should be reviewed on a case-by-case basis and advice from town counsel should be sought.
Mr. Burnside, the operator of the Chauncey excavation site asked Mr. Ferwerda to present the results of work done to date to prepare a reclamation plan in anticipation of applying for a permit to continue the operation of the site. Mr. Ferwerda presented a plat showing the contours but said that more work was required. Mr. Edwards asked how much more life was left in the site. Mr. Ferwerda said that he was not sure but it was quite a bit. He would have to finish his calculation to provide the data necessary to determine how much more excavation could be done. Mr. Ferwerda explained that test pits had been dug to determine the seasonal high water table and Mr. Burnside noted that the town’s regulations limited excavation to within 4 feet of the seasonal high water table. Mr. Edwards asked how did the operator know how far down to dig
and Mr. Burnside explained that benchmarks were installed from which to determine elevation. Mr. Burnside stated that the site consisted of approximately 10 acres in response to a question from Mr. Edwards. Mr. Beblowski asked if a copy of the request for a permit were filed with the Conservation Commission and was told that it would be upon the filing of the application. Mr. Edwards made a motion that Mr. Chauncey had shown evidence of working on developing a reclamation plan and conforming to the town’s excavation regulations; hence should be granted a temporary permit (90 days) which would allow the selectmen to sign an Intent to Excavate Form and allow the continued operation of the site. Mr. Sawich seconded the motion which passed unanimously.
The next order of business was to continue the public hearing on the request by Matt & Patricia Zsofka for a Minor Subdivision. The applicant proposes to subdivide property at 20 Pierce Lake Road, Antrim, NH, Tax Map 7A, Lot 60, which is in the Rural District into three (3) lots. Mr. Ferwerda presented revised drawings which eliminated the shared driveway on Lot 60 previously proposed to access Lot 60-1 The revised plans showed a driveway into Lot 60-1 which would cross a wetland area for which the applicant had already received DES approval. Mr. Beblowski presented a letter from the Conservation Commission which in essence stated that if the applicant would provide a 75-foot buffer zone to the wetlands, the Commission would look favorably upon the wetland crossing.
Members then reviewed a letter submitted by Mr. Enman which asked that certain questions be addressed. The board’s determinations follow:
1. The location of the leach field for lot 7A-60 was noted on the drawings
2. Adequacy of the existing leach field was not determined but if it were to fail, a location was noted which would support a new field
3. Should a driveway to the back lot cause the field on Lot 7A-60 to fail a new field would be constructed per #2 above
4. Mr. Ferwerda explained that the quality of wetlands on 7A-60-1 was less than pristine because of the previous disturbance of the area and the driveway crossing would not adversely affect the quality of the wetland
5. Mr. Ferwerda felt that there were no drainage issues on Lot 7A-60-1 by use of a 12” culvert. An existing drainage problem on Lot 7A-60 would continue since the drainage pipe is only 4” in diameter.
6. The concerns for a shared driveway no longer existed
Mr. Corliss felt that the soil conditions of Lot 7A-60-1 were such that permission should not be given to create the lot. It was explained that since the lot met all zoning ordinances and subdivision regulations, the board did not have grounds upon which to deny the application. Mr. Ferwerda requested that the board grant a special permit per Article XI, paragraph G to disturb the buffer zone to the wetlands Mr. Edwards moved to grant said permit. Mr. Sawich seconded the motion which passed unanimously. Mr. Ferwerda requested a waiver to the 100-foot driveway separation for the drives into lots 7A-60-1 and 7A-60 and the drives into Lot 7A-60-2 and Lot 7-10. Mr. Edwards moved that the waiver be granted. Mr. Sawich seconded the motion which passed unanimously. Mr. Burnside designated alternate member Mr. Vasques to sit for Mr. Bethel and
called for a role call vote on the application of Mr. Zsofka.
Mr. Edwards moved to conditionally approve the application of Matthew & Patricia Zsofka File # 2004-22PB for a minor subdivision of property located at20 Pierce Lake Road, Antrim, NH, Tax Map 7A Lot 60 located in the Rural District. The applicant proposes to subdivide the property into three (3) 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 March 3, 2005 and previous meetings 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 alteration and adhere to all building, health and fire codes.
The Mylar is to be signed & dated by the owner
The setback lines on Lot 7A-60-2 are to be redrawn to the correct distance from the property lines
The surveyor’s stamp will be shown on the final Mylar
Mr. Sawich seconded the motion. Role call vote: Mr. Sawich –aye, Mr. Prokop – aye, Mr. Edwards – aye, Mr. Vasques – aye, Mr. Burnside – aye.
Mr. Burnside then convened the Design Review on the application of Mighty Oaks Realty for a major subdivision. The members then reviewed a report from the Road Agent. Mr. Edwards felt that that the Road Agent should also review the revised drawings which were presented this evening. A report from the Fire Chief suggested requiring that at least 60,000 gallons of water be available, either in cisterns or from the Beaver Pond. Mr. Danforth stated that it would not be feasible to gain access to the Beaver Pond. Mr. Schnare pointed out that it was at the farthest end of the development. He felt that a fire pond would be more pleasing aesthetically and indicated where one could be located which would provide sufficient water supply. The board requested that the applicant meet with the Fire Chief and come to a mutual agreement to provide adequate
water for firefighting. A report from the Police Chief was not received in time for the meeting. Mr. Sawich asked if the pond would disturb the wetlands. He was told that it would not as it would be in an upland area. Mr. Schnare produced an approved driveway permit from NHDOT. Mr. Doughty said that application had been made to the State for subdivision approval and the expedited wetland applications would be filed the week of March 21st. The question was asked whether any of the properties could be further subdivided. Mr. Doughty explained that the configuration of the lots would not permit this. Mr. Burnside stated that the board was concerned that the portion of the development set aside for commercial use could become both residential and commercial and it would be desirable if there were not a mixed use. Mr. Schnare stated that the actual development of the property would be hard to predict and it would be dependent upon economic conditions. He added that it was his
intent to try to keep it all commercial. He felt the area would be suitable for small professional offices and outlets for arts and craft businesses. He was currently thinking of converting the existing barn into four offices with a common reception and support area. Mr. Sawich asked for a period for the development of Phase I and was told that it would take 3 – 5 years. Mr. Edwards asked how much of Phase II was developable and was told that it would be approximately 50 – 60 percent or 13 – 15 acres. Mr. Edwards asked if there were any open wells on the property. Mr. Danforth said he had found one and recommended that it be filled in. The board concurred with Mr. Prokop’s suggestion that a peer review be conducted regarding the road design. The secretary was instructed to contact Underwood Engineering to make the necessary arrangements. There being no further questions from the board, Mr. Burnside continued the public hearing until 7:30 PM on April 7, 2005.
Mr. Edwards moved that approval of the minute of the March 3, 2005 meeting be tabled. Mr. Sawich seconded the motion which passed. The secretary distributed copies of the updated membership roster, copies of the results of the ballot vote on ordinance changes and information on the 12th Annual Spring Planning Conference.
The board agreed to hold a public hearing on the Lauber major subdivision on April 21, 2005. They also agreed that an attempt should be made to fill the three alternate positions on the board and that Mr. Giffin be asked if he would care to serve. Mr. Edwards initiated a discussion on setting goals and objectives for the planning board for the coming year and the consensus was that this would be a good idea and should be addressed following the organizational meeting.
The secretary was instructed to call Mr. Jones and remind him that the deadline for the renewal of his permit to excavate was quickly approaching.
Mr. Edwards reported that the Open Space is in the process of tabulating the survey soliciting residents’ opinions on lands which should be considered for placement into conservation easements. He also reported that he will initiate the establishment of the Growth Committee following the board’s organizational meeting. The secretary passed out a list of residents, who had expressed an interest in serving on various committees,
Mr. Prokop asked Ms. Cooper about grants being available from SWRPC to study growth. She indicated that there was a National Source Inventory program, but was not sure of the availability of grants. The secretary will follow up with Ms. Cooper.
The secretary presented a memo which noted that there are currently two definitions for “Lot Area” in the ordinance and that they should be resolved into one definition. Following a brief discussion, the consensus was to defer action to a following meeting. In the meantime, the secretary will research definitions being used by other towns.
Mr. Edwards moved that the meeting be adjourned. Mr. Sawich seconded the motion which passed. Mr. Burnside adjourned the meeting at 11:20 PM.
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Planning Board.
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