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Planning Board Minutes 10/06/05
ANTRIM PLANNING BOARD

Minutes of the October 6, 2005 Meeting

Members Present:

        Fred Anderson                   Bob Edwards                     Ron Haggett             Renee Rabideau          Brian Sawich

Members Absent:

        Bob Bethel                      Scott Burnside                  Ed Rowehl
        Alex Snow

Public Attendees:

        Meredith Cooper, SWRPC  Kris Stewart                    Josh Stewart
        Leslie Belliveau                Paul Belliveau                  Rick Fink
        Richard Holt                    Donna Holt                      Spencer Garrett
        Peter Mellen, LLS               Walter Neff                     Donald Paige
        Kevin Paige

Vice Chairman Edwards opened the meeting at 7:00 PM by appointing Ms Rabideau to sit for Mr. Rowehl. He then introduced Mr. Kris Stewart of Zeke & Mack Realty for a conceptual consultation. Mr. Stewart who is also the owner of Francestown Sand & Gravel explained that they had purchased the Smith Harriman excavation site on Elm Avenue and they planned to operate it as an active excavation site. They wanted to appear before the Board to find out what the requirements were to be able to obtain an Intent to Excavate from the Selectmen. It was explained to Mr. Stewart that even though the Harriman permit was grandfathered, Mr. Harriman’s permit was not transferable and it would be necessary for him to file an application with the Planning Board to operate an excavation site. Mr. Stewart was provided an application form along with the checklist and was told that the Earth Excavation Regulations adopted in 1992 and amended in 2005 were applicable. He was told that the property would have to be surveyed, showing the sites to be excavated, a reclamation plan would be required and a bond would have to be posted to insure compliance with the restoration. A public hearing could be scheduled in approximately three weeks following receipt of an application providing sufficient information is supplied.

The Secretary presented a letter from Underwood Engineering which outlined an estimate of $7,300.00 to prepare a set of specifications for town and private roads which could be incorporated into the Subdivision Regulations. Mr. Haggett moved that the funds be placed in the 2006 budget providing that the estimate would be valid following the 2006 Town Meeting. Mr. Anderson seconded the motion which passed. Mr. Haggett moved to approve the minutes of the September 15, 2005 meeting. Mr. Sawich seconded the motion which passed. The Secretary then provided copies of memos to the Fire Chief requesting written comments regarding the water supplies for fire fighting for the Mighty Oaks, Lauber and Knapton subdivisions before the Board. Correspondence was also provided covering Off Site Exactions & Impact Fees, The Open Space Committee draft report, a workshop on Municipal Natural Resources Inventory, Notice of SWRPC Quarterly Dinner Meeting, A workshop on National Flood Insurance and articles on Affordable Housing and Hancock’s plan to completely revise their Zoning Ordinances.

At 7:30 PM, Mr. Edwards opened the public meeting on the request of Antrim Mills Corp. for a Minor Subdivision. The applicant proposes to subdivide property on the corner of 42 Main St. and High St., Antrim, NH, Tax Map 1A, Lot 170-1 in the Village Business District into two (2) lots. Ms. Belliveau presented a plot plan showing lot #1A-170-2 to be subdivided. The Secretary advised the members that the Zoning Board had granted variances for a 15-foot rear yard set back and a variance to permit the subdivision without road frontage but with a deeded right–of-way on the property of Frameworks, Inc. Following a review of the plat, Mr. Haggett moved to accept the application of Antrim Mills Corp. File # 2005-16PB for a Minor Subdivision of property located off 42 Main Street, Antrim, NH, Tax Map 1A Lot 170-1 located in the Village Business District. The applicant proposes to subdivide the property into two lots. The motion was seconded by Mr. Sawich. Roll call vote: Mr. Anderson – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye. Mr. Edwards then opened the public hearing on the application and asked for comments from abutters. There was none. He then closed the public hearing and the Board went into deliberation. After some discussion, the consensus was that the final Mylar should contain a note referencing the Book & Page numbers of the deed granting the right of way to lot #1A-170-2 and the water and sewer lines needed to be more clearly delineated. Mr. Haggett moved to conditionally approve the application of Antrim Mills Corp. File # 2005-16PB for a Minor Subdivision of property located off 42 Main Street, Antrim, NH, Tax Map 1A Lot 170-1 located in the Village Business District. The applicant proposes to subdivide the property into two 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 October 6, 2005 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 final Mylar shall have a note referencing Book & Page number of the deed granting the right-of way easement over Lot 1A-170 to access Lot 1A-170-2
The water and sewer lines on the final Mylar shall be clearly delineated.
The motion was seconded by Mr. Sawich. Roll call vote: Mr. Anderson – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye.

The next order of business was to review the application of S. R. Jones to renew the permit for his excavation site. Ms. Rabideau was the wetland scientist that delineated the wetlands on the Jones property so she recused herself from the hearing. Mr. Mark Moser of Moser Engineering presented a reclamation plan dated August 15, 2005 and photographs of the excavation site. The plat did not show setback lines; however, Mr. Moser explained that the contour lines ended at the end of any excavation and they were well within the setback lines. Mr. Moser stated that he was advised by Mr. Jones that there were no objecting abutters to the excavation site. It was pointed out that the test pit data does not take into account the change in the regulation that says you cannot excavate any closer than 4’ to the high water table. Mr. Moser will make the necessary corrections. The mailing address for Lot -87 is to be corrected. Mr. Jones was not able to give a time line for completion of the reclamation as it would be dependant upon market conditions and the need for materials. It was agreed that Mr. Moser would make the necessary changes on the drawing and present them at the October 20, 2005 meeting.

Mr. Edwards then continued the public hearing on the application of the Laubers for a major subdivision. Ms. Rabideau rejoined the panel. Mr. Vasques presented an updated checklist for review. He noted that most of the open items were engineering matters to be resolved between Burd Engineering and Underwood Engineering, the Town Engineers. He suggested that the two engineers and the surveyor meet with him to resolve these items rather then attempt to resolve them before the Board. The Board accepted his suggestion and proceeded to review those items which required a decision by the Board. Open items which were resolved and waivers which were granted are so noted on the checklist which is in file #2005-05PB. The engineers and Ms. Rochford, the surveyor agreed to met with the Town Planner to resolve the remaining open items on Thursday, October 13th at 2:00 PM. Ms. Rochford asked for a conditional approval. The members debated the pros and cons of granting such an approval. Of particular concern was the fact that a written opinion had not been received from the Fire Chief regarding the requirements for a water supply for fire fighting purposes. Mr. Haggett felt strongly that a conditional approval should be granted and so moved. Mr. Anderson seconded the motion. A roll call vote was held. Mr. Anderson – aye, Mr. Sawich – nay, Ms. Rabideau – nay and Mr. Haggett – aye. Mr. Edwards voted nay to break the tie and the motion was defeated. Mr. Haggett as the ex-officio member representing the selectmen was urged by the members to take all possible steps to insure that a written decision is obtained from the Fire Chief before the October 20th meeting of the Board. Ms. Rochford asked for assurances that the application would be approved at the next meeting. Mr. Edwards said that he could only state that he was confident that a decision would be made. He then continued the public hearing until October 20, 2005.

Mr. Edwards then asked Mr. Mellen to present his application on the request of Bruce S. Cuddihy for a Minor Subdivision. Ms. Rabideau recused herself. The applicant proposes to subdivide property at 7 Pleasant St., Antrim, NH, Tax Map 1A, Lot 158 in the Residential District into two (2) lots. Mr. Mellen presented a plot of the subdivision dated September 1, 2005. One lot fronts on High street and the other lot fronts on Pleasant Street. Both lots are served by water & sewer. Ms. Cooper raised a question about the metes and bounds on a portion of the map. Mr. Mellen explained the method of portraying metes and bounds over a continuous straight property line. Mr. Haggett felt that the application was complete and moved to accept it. Mr. Sawich seconded the motion. Roll call vote: Mr. Anderson – aye, Mr. Sawich – aye, Mr. Haggett – aye, Mr. Edwards – aye. Mr. Edwards asked for abutters comments. There were none. Members then reviewed the checklist, a copy of which is in file #2005-18PB. Mr. Sawich moved that requirement #13 to delineate wetlands be waived. Mr. Haggett seconded the motion which passed unanimously. Mr. Haggett moved that requirement #19 for test pits be waived. Mr. Sawich seconded the motion which passed unanimously. Mr. Haggett moved that requirement #20 for contour lines be waived. Mr. Anderson seconded the motion which passed unanimously. Mr. Sawich moved that requirement #21 for ground control be waived. Mr. Anderson seconded the motion which passed unanimously. Mr. Mellen presented approved driveway permits (which are on file) for both lots. Item #32 was not satisfied because the Water and Sewer Department had not submitted written approval. Mr. Sawich then moved to conditionally approve the application of Bruce S. Cuddihy, File # 2005-18PB for a Minor Subdivision of property located at 7 Pleasant Street, Antrim, NH, Tax Map 1A Lot 158 located in the Residential District. The applicant proposes to subdivide the property into two lots. 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 October 6, 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 alteration and adhere to all building, health and fire codes.
3.      Written approval of the Water & Sewer Department is required before signing the final Mylar.
Mr. Haggett seconded the motion. Roll Call Vote: Mr. Anderson – aye, Mr. Sawich – aye, Mr. Haggett -aye, Mr. Edwards – aye.

Ms. Rabideau rejoined the Board. Mr. Anderson moved that the meeting be adjourned. Mr. Sawich seconded the motion which passed. Mr. Edwards adjourned the meeting at 10:00 PM.

Respectfully submitted,




Paul L. Vasques, Secretary
Antrim Planning Board