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Planning Board Minutes 05/19/05
ANTRIM PLANNING BOARD

Minutes of the May 19, 2005 Meeting

Members Present:

Bob Bethel              Bob Edwards                     Ron Haggett                             Renee Rabideau  Ed Rowehl                       Brian Sawich    

Members Absent:

Fred Anderson   Scott Burnside          Alex Snow
        
Public Attendees:
                        
Doris Edwards                                   Meredith Cooper, SWRPC
        Anthony Costello, AC Engineering                Gayle Rochford, LLS
Chris Danforth CK Danforth, Assoc.              Chris Rawnsley
Peter Pitsas, Underwood Engineering             Burtis Lauber
Marsha Morrow, Monadnock Ledger                 Jane Lauber
John Doughty, Doughty Surveying                 
                
Vice-Chairman Edwards opened the meeting at 7:00 pm by designating Ms. Rabideau to sit for Mr. Anderson. The members then entered into a discussion regarding the merits of the motion that was passed at a previous meeting to provide no provisions for private roads in the Subdivision and Site Plan Review Regulations. Concerns were expressed regarding the legality of such a regulation. Members were also advised of the Selectmen’s desire to arrange a joint meeting with town council, the selectmen and the planning board members on the subject of private roads. The secretary was instructed to try and arrange such a meeting with counsel. Mr. Haggett moved to approve the minutes of the May 5, 2005 meeting as corrected. Mr. Sawich seconded the motion which passed.

At 7:30 pm Mr. Edwards opened the public hearing on the request of Brian & Mary Sawich for a Change of Use for property located at 7 Elm St. Ext., Antrim, NH 03440 Tax Map 1C, Lot 204 in the Rural District. The applicant proposes to operate a tourist home, which is a use permitted by Special Exception. Mr. Sawich explained that they had purchased the property in 2003. It formerly was part of the McCabe Forest Preserve. They had remodeled the building to incorporate an apartment which covers a part of the first and second floors. The apartment has approximately 1,000 square feet of space with separate utilities, washer, dryer and furnace. They are not interested in renting to long term tenants and feel the market is for transient tenancy averaging two to eight weeks. The septic system was replaced in 1994 and was adequately sized to accommodate the additional bedroom. A tourist home is a use permitted by Special Exception in the Rural District. The Zoning Board of Adjustment granted the Special Exception to operate a tourist home on the property at their April 12, 2005 meeting. Mr. Rowehl asked if building permits had been obtained and if necessary codes were complied with. The secretary interjected that he had spoken to the Building Inspector who confirmed that a building permit had been obtained, that ongoing inspections had been conducted and that the Fire Chief’s approval would be obtained before a certificate of occupancy could be issued. Mr. Edwards asked if there were abutters present who wished to speak either in favor or in opposition to the application. There were none.

Members then began a review of the checklist. Mr. Edwards moved that item #4 requiring details of changes in wiring and plumbing be waived as this was covered by the building inspection process. The motion was seconded by Mr. Haggett which passed. Mr. Haggett moved that the approval of the Water Department be waived since the building was already on the town water supply. Ms. Rabideau seconded the motion which passed. All other items on the checklist were either satisfied or not applicable. Mr. Haggett moved to accept the application of Brian & Mary Sawich File # 2005-06PB for a change of use of property located at 7 Elm Street Ext., Antrim, NH, Tax Map 1C Lot 204 located in the Rural District. The applicant proposes to operate a tourist home, which is a use permitted by Special Exception. Mr. Bethel seconded the motion. Roll Call vote: Mr. Rowehl – aye, Mr. Haggett – aye, Mr. Bethel – aye, Ms. Rabideau – aye. Mr. Sawich recused himself.

There being no other deliberation, Mr. Haggett moved to approve the application of Brian & Mary Sawich File # 2005-06PB for a change of use of property located at 7 Elm Street Ext., Antrim, NH, Tax Map 1C Lot 204 located in the Rural District. The applicant proposes to operate a tourist home, which is a permitted use by Special Exception. Mr. Rowehl seconded the motion. Roll Call vote: Mr. Rowehl – aye, Mr. Haggett – aye, Mr. Bethel – aye, Ms. Rabideau – aye. Mr. Sawich recused himself. Mr. Sawich was advised that his application had been approved.

The next order of business was the continuation of the public hearing on the application of Mighty Oaks Realty, LLC for a major subdivision. A letter dated May 19, 2005 from Christopher Danforth, CWS was distributed to the members. The letter outlined the basic construction of the fire pond and indicated that the design should be able to provide 40,000 gallons of storage capacity. Mr. Bethel felt a fence around the fire pond should be provided and the piping to the hydrant should be steel rather than PVC. The consensus was that the Fire Chief should approve the final design of the fire pond and that this should be a condition of approval of the application. Members felt that there had been sufficient deliberation to consider granting a conditional approval to the application. Following a review of the suggested conditions, the board then considered the following waivers to the subdivision regulations requested by the applicant.

1.      Section IX.F.7.b: Request that the driveway between lots 103-1 & 103-2 shall be 12 feet wide across the wetland and 20 feet wide on either side of the wetland. So moved by Mr. Sawich, seconded by Mr. Haggett and passed.
2.      Section IX.f.7.c: Request that the split in the shared driveway shall occur 375' +/- from the intersection with Mulhall Farm Road. So moved by Mr. Haggett, seconded by Mr. Sawich and passed.
3.      Section V.C.1.a.2: Requests a 1" = 1 mile vicinity map to better show surrounding street systems. So moved by Mr. Haggett, seconded by Mr. Anderson and passed.
4.      Section IX.A: Requests that 4" x 4" granite bounds and 5/8" pins with 1” caps be used for boundary markers. The proposed bounds are the standard type used by Doughty Surveying. So moved by Mr. Anderson, seconded by Mr. Haggett and passed.
5.      Section IX.G.5: Request road grades of 2.5% and 3.5% for the cul-de-sac due to existing ground topography to eliminate extreme cuts through the cul-de-sac. So moved by Mr. Haggett, seconded by Mr. Sawich and passed.
6.      Section IX.G.5: Request that a temporary "Hammerhead" be placed at the end of commercial drive rather than a cul-de-sac.Mr. Haggett moved that the waiver be granted with the stipulation that if Commercial Drive is not extended within 36 months the Hammerhead be converted to a cul-de-sac per the regulations unless the applicant requests an extension which is granted by the planning board. The motion was seconded by Mr. Sawich and passed.
7.      Section IX.H.5: Request that the grade at intersections may exceed 2% but be no more than 3% for a distance of 60 feet. So moved by Mr. Sawich, seconded by Mr. Haggett and passed.


Mr. Haggett moved to conditionally approve the application of Mighty Oaks Realty, LLC, File # 2005-03PB for a Major Subdivision of property located off of Concord Road, Antrim, NH, Tax Map 4 Lot 103 located in the Highway Business & Rural Districts. The applicant proposes to develop 22 building sites. The following conditions which were agreed to during the planning board meeting of May 19, 2005 apply to the approval:

1.      Planning Board requirements, commitments, understandings and agreements made by the applicant and/or its agent as recorded in the meeting minutes of all public hearings on the matter as they pertain to this application are a conditional part of this approval. Copies of the final minutes for each respective meeting are attached to the notice of decision.
2.      A building permit is required for any construction or alterations and all applicable building and life safety codes will be adhere to.
3.      Subject to approval of DES Wetland Permit #2005-00638
4.      Subject to approval of DES Subsurface Permit #2005-00980 (A revised plan should be submitted to NHDES Subsurface showing the changes to the lots since the first plan was submitted, i.e.: lot sizes, 4K areas moved away from proposed drainage, location of proposed drainage, fire pond location and any other changes/additions to easements.)
5.      Subject to approval of DES Site Specific Permit #20050302-02
6.      Subject to approval by the Board of Selectmen and Town Legal Counsel of an Irrevocable letter of credit from an acceptable financial institution in form and dollar amount adequate in the sole opinion of the Selectmen to ensure the accurate setting of all applicable boundary markers and that road construction is completed in accordance with the final approved construction plan(s) as reviewed and approved by Underwood Engineering as the town's agent. This condition shall extend to and include approval by the Board of Selectmen of the required oversight of road construction by Underwood Engineering or its designee and will include the detailed road construction inspection schedule.
7.      Subject to approval by Town Legal Counsel of a signed boundary line agreement along the southwest corner of the subdivision between Mighty Oaks Realty, LLC and Doris Edwards, et al.
8.      Subject to approval by the Conservation Commission and Town Legal Counsel of the final Conservation Easement document for lot 103-3 between Mighty Oaks Realty, LLC and Monadnock Conservancy.
9.      Subject to approval by the Conservation Commission and Town Legal Counsel of the Restrictive Use Easement.
10.     Subject to approval of the final legal instrument by Town Legal Counsel, that provides the Town with adequate drainage and slope easement authority should the maintenance areas extend beyond the right-of-way. The instrument will define the individual or entity responsibilities for the annual monitoring of the easement's provision(s) and/or restriction(s) which include lots 19 & 20.
11.     Town Legal Counsel must approve the language used in the shared driveway agreement as it applies to lots 1 and 2.
12.     Subject to written approval by the Fire Chief of detailed drawings of the fire pond and associated fixtures including adequate flow rate during the dry season and a liability review by Town Counsel.
13.     Subject to written confirmation from Underwood Engineering that the road construction specifications of Mulhall Farm Road and Commercial Drive, as defined on the final construction plan meet the requirements for acceptance of said roads by the Town.
14.     Subject to reimbursement to the Town of Antrim for reviews conducted by Underwood Engineering and Southwest Regional Planning Commission.
15.     Seal and signature of a certified soil or wetland scientist must be on the final Mylar(s) prior to recordation.
16.     Subject to review and acceptance by town legal counsel of the Easement language as it applies to the town's rights and responsibilities as they pertain to the fire pond, so-called.
17.     Subject to approval by the Planning Board and Town Counsel of the property association covenants.
18.     Subject to a notation on the cover sheet stating which drawings shall be filed with the Hillsborough County Registry of Deeds.
19.     The final Mylars are to show existing buildings and driveways.
20.     A notation on the plan that traffic control devices as required by the police department will be installed at the developer’s expense.
21.     This approval shall be voided if the conditions are not met within 12 months unless the applicant applies for and is granted an extension.

The motion to approve was seconded by Mr. Sawich. Roll Call vote: Mr. Rowehl – aye, Mr. Haggett – aye, Mr. Bethel – aye, Ms. Rabideau – aye. Mr. Sawich – aye. Mr. Edwards as acting Chair and being an abutter did not vote.

Mr. Edwards then continued the public hearing on the application of Burtis and Jane Lauber for a Major subdivision. Ms. Rochford supplied members with a “Draft of Covenants for High Hill Association”, a letter from Sharon Monahan stating that a new test pit for Lot 10 is not required and a table of data for contiguous uplands and average slope for each lot. Members also reviewed a letter from Officer Donavan which primarily expressed some concern with the intersection of Ashley Road and Elm Ave. Mr. Pitsas of Underwood Engineering was also concerned with the intersection. Some members asked if the entrance to Ashley Road could be moved. Ms. Rochford said that this would not be feasible without the taking of land. A lengthy discussion followed regarding the maintenance of Ashley Road, which is currently Class VI, by a private homeowners association. A question was raised as to whether the selectmen had the authority to override the subdivision regulation which says that a subdivision cannot be created off a Class VI Road. Ms. Cooper was not sure but she would look into it and the secretary was instructed to seek advice of Town Council. Several members discussed the pros and cons of having Ashley Road brought up to the towns regulations for acceptance. Both Ms. Rochford and Ms. Lauber said they were considering having the portion of Ashley Road from Elm Ave. to the intersection with Green Ridge Road paved. Mr. Pitsas estimated that the paving would cost between $10,000 and $15,000. A review dated May 5, 2005 prepared by Ms. Cooper of SWRPC was provided to the members as well as a preliminary review dated May 18, 2055 prepared by Mr. Pitsas. Ms. Rochford indicated that a number of the items called out by Ms. Cooper had already been incorporated into revised drawings  and that an engineering firm had been engaged to design the roads which would address many of the points raised by Mr. Pitsas. She felt that revised drawing would be ready in time to continue the public hearing on June 16th. The consensus of the board was that the revised drawings should be submitted in advance of the meeting to allow time for the Town Planner and members to review them. Consequently, it was decided that if the material is not submitted on or before June 9th, the public hearing scheduled for June 16th will automatically be continued until August 7th.

In the meantime, a site walk was scheduled for May 25th at 5:00 pm. Members are to gather at the intersection of Elm Avenue and Ashley Road.

Mr. Haggett moved to accept the application of Jane & Burtis Lauber File # 2005-05PB for a major subdivision of property located of off Pierce Lake Road and Elm Avenue, Antrim, NH, Tax Map 7 Lots 19 & 20 located in the Rural District. The applicant proposes to subdivide the property into ten (10) lots. Mr. Sawich seconded the motion. Roll Call vote: Mr. Rowehl – aye, Mr. Haggett – aye, Mr. Bethel – aye, Ms. Rabideau – aye. Mr. Sawich - aye.

Mr. Pitsas presented a proposal dated May 19, 2005 covering the costs to inspect the road construction for the Mulhall Heights Subdivision. He also provided a proposal dated May 18, 2005 to review the Homes at High Hill Subdivision. Some discussion followed regarding the procedure for payment. Mr. Pitsas was in favor of establishing escrow accounts. It was decided that the procedure to be followed is up to the selectmen. Mr. Haggett will raise the subject at the next selectmen’s meeting.

Mr. Haggett made a motion to adjourn the meeting which was seconded by Ms. Rabideau and passed. Mr. Edwards adjourned the meeting at 11:45 PM.

Respectfully submitted,




Paul L. Vasques, Secretary
Antrim Planning Board