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Planning Board Minutes 05/05/05
ANTRIM PLANNING BOARD

Minutes of the May 5, 2005 Meeting

Members Present:

Fred Anderson            Scott Burnside                 Bob Edwards     
Ron Haggett                      Ed Rowehl                      Brian Sawich    
Alex Snow

Members Absent:

        Bob Bethel                      Renee Rabideau

Public Attendees:

Doris Edwards   
        Jeffrey Enman, PSNH                     
Peter Beblowski, Antrim Conservation Commission
        Anthony Costello, AC Engineering
Christopher Danforth,   CK Danforth & Assoc.
Terry Schnare, Mighty Oaks Realty
John Doughty, Doughty Surveying, Inc.

Chairman Burnside opened the meeting at 7:00 pm by designating Mr. Snow to sit for Mr. Bethel. The members devoted their time to a review of the documentation provide by the Town Planner for the Mighty Oaks Major Subdivision. At 7:30 pm, Mr. Burnside convened the public hearing on the request of Public Service Co. of New Hampshire to relocate two poles and add an additional pole on Pierce Lake Road to supply power to two new homes. The work requires the removal and trimming of some trees along Pierce Lake Road which is designated as a Scenic Road. Mr. Enman explained that two new houses were being built on Pierce Lake Road and it was necessary to install these poles to provide electric service. All the trees to be cut had been flagged. PSNH has obtained the landowners permission to cut trees. Two of the landowners were going to take the wood and one landowner was going to leave it. There would also be some tree trimming to allow for the stringing of the new lines. Members reviewed the PSNH Work Request, a Pole Location Plan and a map showing the section of Pierce Lake Road involved. There were no other questions from the board members and no attendees wished to speak on the matter. Mr. Haggett moved to accept the application of Public Service Co. of New Hampshire to relocate two poles and add an additional pole on Pierce Lake Road to supply power to two new homes. The work requires the removal and trimming of some trees along Pierce Lake Road which is designated as a Scenic Road. Mr. Edwards seconded the motion. Roll Call Vote: Fred Anderson – aye, Scott Burnside – aye, Bob Edwards - aye, Ron Haggett – aye, Ed Rowehl – aye, Brian Sawich – aye, Alex Snow – aye.

Mr. Haggett moved to approve the application of Public Service Co. of New Hampshire to relocate two poles and add an additional pole on Pierce Lake Road to supply power to two new homes. The work requires the removal and trimming of some trees along Pierce Lake Road which is designated as a Scenic Road. Mr. Sawich seconded the motion. Roll Call Vote: Fred Anderson – aye, Scott Burnside – aye, Bob Edwards - aye, Ron Haggett – aye, Ed Rowehl – aye, Brian Sawich – aye, Alex Snow – aye.

The next order of business was the continuation of the public hearing on the request by Mighty Oaks Realty for a Major Subdivision. The applicant proposes to subdivide property on Concord Street, Antrim, NH, Tax Map 4, Lot 103 in the Rural and Highway Business Districts into twenty-two (22) lots. Mr. Doughty presented documentation indicted that applications for Wetland, Subsurface Site and Site Specific permits were submitted. Mr. Costello presented a letter dated 5/5/05 outlining their response to concerns raised by Underwood Engineering. Mr. Beblowski, Chairman of the Antrim Conservation Commission read a letter from the Monadnock Conservancy which stated their intent to proceed with the process of establishing a conservation easement on a portion of the subdivision, subject to a vote of their full Board on May 13, 2005. The Commission has requested a revision to the easement on lot #5 to increase the buffer zone to 50 feet. Mr. Schnare said that this would be acceptable. Mr. Beblowski felt that the applicant had met the requirements of the Commission “more than half way”. The design for the shared driveway between lots 1 & 2 appeared to be only 12 feet wide which does not meet the subdivision regulations. The applicant stated that this was to minimize the impact on the wetland and he proposes to request a waiver which will be dealt with later in the hearing. Concern was expressed that there was no provision for a pull-off area. The applicant proposed that the driveway only be 12 feet wide when crossing the wetlands and that it be 20 feet wide on either side of the wetland crossing. Mr. Beblowski said that this would be acceptable to the Commission.

Members discussed the report submitted by Officer Donovan. Mr. Doughty stated that he had discussed the requirements with NHDOT and was told that the State would not provide a left turn lane, blinking light or change the passing zone on Route 202. The secretary was instructed to contact NHDOT and confirm this report. Mr. Doughty pointed out that the intersection of the road into the subdivision with Route 202 was covered by the driveway permit issued by NHDOT. Mr. Danforth provided the board with a copy of the Archaeological Sensitivity Assessment prepared by Monadnock Archaeological Consultants, LLC. Mr. Rowehl asked if a report should be requested from the school board representatives as to any impact the subdivision would have on the town. The consensus was that such a report was not necessary. Officer Donovan’s letter covered other items such as signage which would be dealt with during a review of the checklist. A question was raised as to whether or not the board should require sidewalks as noted in the subdivision regulations. Mr. Burnside felt that they were not necessary because in most instances, the school busses stopped at the children’s houses and the road would have wide shoulders. Brian Sawich asked if there would be streetlights in the development. The secretary indicated that the requirements for streetlights would be addressed by the Town Administrator. The secretary asked for a vote on the sidewalks. Mr. Anderson moved that they not be required. Mr. Haggett seconded the motion. Mr. Edwards recused himself from voting. The motion passed unanimously.

The question of the size of the bond for completion of the road and setting of the bounds was raised. Underwood Engineering had suggested an amount of about $165 per foot. The applicant felt that $100 per foot was more realistic but he would agree to $125 per foot with a four-stage reduction based upon inspections. As to the form of security, Mr. Schnare said it would most likely be in the form of a letter of credit.

Members concurred that a site walk should be performed and one was scheduled for May 12, 2005 at 5:00 pm.

Mr. Edwards was concerned that the covenants as presented permitted the applicant to waive them at any point. He felt that this was not fair to those who had purchased property in the development and relied on the statements in the covenants. Mr. Schnare felt it was necessary to preserve the option to waive certain covenants. Following further discussion, Mr. Edwards asked that Mr. Schnare limit the number of covenants that could be waived. Mr. Schnare said that he would seek counsel on the matter.

Mr. Edwards asked who would certify that the road had been built to specification. He was told that the certification would be by Underwood Engineering. The secretary asked the applicant if they had in fact petitioned the selectmen to accept the road as a town road. Mr. Haggett said that the subject was on the agenda for the selectmen’s meeting on May 9, 2005.

Mr. Burnside asked if the design of the fire pond was completed and was told that there were no details. The consensus of the board was that detailed drawings of the fire pond should be submitted to the Fire Chief for approval.

The members completed a review of a list of open items as of 5/5/05. Agreements reached with the applicant are noted on the checklist which is in file #2005-03PB. Mr. Doughty asked the board to consider conditionally approving the application. Some members expressed concern about granting such an approval before documentation on easements and covenants were reviewed and approved by town counsel. Mr. Schnare explained his reluctance to bear the expense of preparing such documents if in fact the application would not be approved. The secretary pointed out that the development could not go forward on a conditional approval until all conditions had been met and the Mylar signed and filed with the registry of deeds. He added that he was not comfortable drafting a conditional approval at this time without a careful review of the file and past minutes. Mr. Burnside continued the public hearing until 7:30 pm on May 19, 2005. In the interim time, the secretary will draft a list of conditions to the approval and distribute it to the members for their review prior to the May 19th meeting.

Mr. Haggett made a motion to approve the minutes of the April 21, 2005 meeting which was seconded by Mr. Edwards and passed.

Mr. Haggett presented an outline for the formation of a Master Plan Committee to update the 2001 Master Plan. The initial efforts of the committee would be to develop the Capital Improvement Plan for the years 2006 through 20012. Mr. Sawich moved to approve the program proposed by Mr. Haggett. Mr. Edwards seconded the motion which passed unanimously. An organizational meeting for the committee was scheduled for Wednesday, May 18, 2005 at 7:00 pm at Town Hall.

Correspondence was reviewed advising the surveyor for Mr. Harriman that if drawings for the proposed subdivision were not before the board at their May 19th meeting a decision may be made to reject the application. Letters to Colburn, Rich and Cole from the Code Enforcement Officer regarding violations were reviewed. Other miscellaneous correspondence was reviewed.

Mr. Haggett reported that the matter of the selectmen designating someone to inspect excavation sites will be discussed at their next meeting scheduled for May 9th.

Mr. Edwards reported that the Open Space Committee had completed their survey and were summarizing the results. The committee will have a guest speaker at their May 10th meeting and board members were invited members to attend. He said that he had sent out invitational letters to individuals to serve on the Growth Committee but as yet had no responses.

The secretary presented a scenario where a piece of property can be straddled by two roads and the ordinance has no definition of what determines the front yard. After some discussion, the secretary suggested the following definition be adopted:

“FRONT YARD: Shall be determined by the street address and by the point of access to the property”.

Mr. Haggett moved that the definition be adopted subjected to public hearing. Mr. Anderson seconded the motion which passed unanimously.

In previous meetings, the members had discussed the possibility of no longer permitting the creation of private roads. The secretary checked with Town Counsel who said that a town could legally prohibit any new private roads from being built and that it would be appropriate to place such a restriction in the Subdivision and Site Plan Review Regulations. Therefore, the secretary proposed the following change to Section IX, paragraph G.1.

“All roads shall conform to the standards of Class V Roads or better, shall meet all specifications of this section, and shall be approved by the Planning board. There shall be no provisions for private roads.”

Following some discussion. Mr. Sawich moved to adopt the change to the regulation subject to a public hearing. Mr. Haggett seconded the motion which passed unanimously.

The question of whether or not “access” to a property and “frontage” should be synonymous was discussed. No consensus was reached and the subject will be reviewed in the future.

Mr. Burnside asked if anything had been done to revise the excavation regulation to simplify it by reference to 155:E. The secretary said it was still on his “To Do” list.

Mr. Haggett asked what the requirements of the planning board would be if the Recreation Commission wanted to pursue a subdivision of the Gould property if the Town acquired the property. He was told that current policy would require a survey of the entire property. The final consensus was that once the land is acquired, the Recreation Commission should request a conceptual consultation with the board to determine a suitable course of action.

Considering the lateness of the hour, the members declined to table a review the draft of the proposed by-laws for the planning board.

There being no future business, Mr. Anderson moved that the meeting be adjourned. Mr. Sawich seconded the motion which passed. Mr. Burnside adjourned the meeting at 11:00 pm.


Respectfully submitted,




Paul L. Vasques, Secretary
Antrim Planning Board