ANTRIM PLANNING BOARD
Minutes of the December 15, 2005 Meeting
Members Present:
Scott Burnside Ron Haggett Renee Rabideau Brian Sawich Alex Snow
Members Absent:
Mary Allen Fred Anderson Bob Bethel Bob Edwards Ed Rowehl
Public Attendees:
Jeffrey Clough Heidi Clough Harry Clough
Annie Millar Dave Boule John Doughty LLS
Dennis McKenney, LLS
Chairman Burnside opened the meeting at 7:00 PM and designated Ms. Rabideau to sit for Mr. Bethel and Mr. Snow to sit for Mr. Rowehl. Members reviewed documentation supplied. Sufficient members who attended the December 1st meeting were not in attendance and a motion to table approval of the minutes until the January 5, 2006 meeting was made and passed. Members reviewed a letter from Mr. & Mrs. Lauber wherein they indicated that they were unable to obtain a bond or line of credit to continue with their proposed subdivision. They felt that at this time their only course of action would be to sell the entire property to a developer. The letter is in File # 2005-05PB. A general discussion followed to see if there was any action that the Board could take which would facilitate the Laubers developing their property. The consensus
was that the matter of the water supply for fire fighting should be further investigated to see if Campbell Pond would be an adequate source that would satisfy the requirements of the Fire Chief. One course of action would be to have the dry hydrant tested by the Water & Sewer Department. Information is also pending from North Country Resource Conservation & Development regarding water sources throughout the Town. Mr. Haggett will pursue the matter with the Selectmen and report to the Board. Members reviewed a letter from Town Counsel regarding his review of the covenants and easement that were required as part of the conditional approval of the Mighty Oaks Realty major subdivision. Mr. Sawich made a motion that counsels recommendations should be passed on to counsel for Mighty Oaks for revisions. Mr. Haggett seconded the motion which passed.
At 7:30 PM, Mr. Burnside announced the application of Patricia C. Shook for a Lot Line Adjustment for property at 9 Smith Road, Antrim, NH, Tax Map 1C Lot 116 which is in the Rural District. Mr. McKenney explained that Tax Map 1C Lot 116 consisted of three tracts of land under separate deeds. The purpose of the application was to redraw the lot lines to result into two tracts of land which would have separate deeds. Mr. McKenney explained that the house would not be within the setbacks but the shed by the road, which has existed for years, would be within the 50 foot set back. The property is on Town water but not sewer but the water source nor the septic were shown on the plat. Ms. Shook confirmed that the septic system was behind the house and completely on the proposed Lot 116-1. Members reviewed the checklist. Mr. Haggett made a motion
to waive the requirement to locate water and sewer on the plat which was seconded by Mr. Snow and passed. Mr. McKenney requested a waiver to item B.3.a(18) for grades, drainage, etc. Mr. Haggett moved that the waiver be granted. Mr. Sawich seconded the motion which passed. A note block for conditions of approval should be made a condition of approval. Mr. Haggett moved that there was sufficient information to accept the application. Mr. Sawich seconded the motion. Roll call vote: Mr. Snow – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye. Mr. Burnside asked for abutters comments. Mr. Boule said that there was a property line dispute along the western boundary. After some discussion it was the consensus that the lines in dispute had no bearing on the lot line adjustments being made; therefore should not influence whether or not to approve or disapprove the application. No other abutter wished to speak. Mr. Sawich moved to conditionally approve
the application of Patricia C. Shook File # 2005-23PB for a Lot Line Adjustment of property located off Smith Road, Antrim, NH, Tax Map 1C Lot 116 located in the Rural District. The following conditions apply:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated December 15, 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 Mylar shall contain a note for conditions of approval
Mr. Haggett seconded the motion. Roll call vote: Mr. Snow – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye.
Mr. Burnside then announced the application of Heidi Therrien for a Minor Subdivision. The applicant proposes to subdivide property at the corner of Prospect Street and Maple Avenue, Antrim, NH, Tax Map 1A, Lot 17, which is in the Residential District into two (2) lots. Mr. Doughty presented a plat of the subdivision. He explained that application for DES Wetland Bureau approval was requested on October 19, 2005. A request was also made for a review by the NH Division of Historical Resources on October 19th. He explained that Town water and sewer were available to the site. It was proposed that the water and sewer lines would run within the driveway right of way. A report from the Water and Sewer Department is required. In addition, a Special Permit from the Board is required since the 25-foot buffer zone to the wetland will be
disturbed. A report is expected from the Conservation Commission. Mr. Doughty said that they were unable to locate monuments and boundaries between Lot 17 and Lot 15 owned by Helen and Arthur Bradbury. Therefore, a boundary line agreement was entered into between Heidi G. Therrien and Helen Bradbury which established metes and bounds between the two properties. A copy of the boundary line agreement is in file # 2005-24PB and the property files for Map 1A Lot 17-1 and Map 1A Lot 15. Mr. Doughty stated that a single-family dwelling was to be constructed on Lot 17-1 by Mr. Clough. Mr. Doughty was not sure where PSNH would locate the utility poles. Members reviewed the checklist. Mr. Haggett moved that there was sufficient information for the application to be accepted. Mr. Sawich seconded the motion. Roll call vote: Mr. Snow – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye. Mr. Burnside asked if there were any abutters who wished to speak. Ms.
Millar said she was not in opposition to the application but was concerned that if the ground was to be disturbed to construct a home, it would create drainage problems and result in flooding of her abutting property. A discussion followed, the sum and substance of which lead to the consensus that by avoiding excavation next to the swale and with proper landscaping, most all drainage would be along the driveway and away from Ms. Millar’s property. Mr. Haggett moved the conditional approval of the application of Heidi Therrien for a Minor Subdivision. The applicant proposes to subdivide property at the corner of Prospect Street and Maple Avenue, Antrim, NH, Tax Map 1A, Lot 17, which is in the Residential District into two (2) lots. The following conditions apply to this approval:
1. Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated December 15, 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. Pending approval of NH DES Wetland Bureau
4. Pending approval of NH Division of Historical Resources
5. Pending approval of the Water & Sewer Department
6. Pending a report from the Conservation Commission regarding the buffer zone
7. The final Mylar shall include
a. Note 4 shall be changed to show the zoning district as “Residential”
b. The proposed driveway/wetland crossing on Lot 17-1 shall be shown on the subdivision plat
c. A note that all utilities will be within the approved wetland crossing
d. Correction of the closure statement
e. A note indicating the Book and Page of the Boundary Line Agreement
f. A note indicating the conditions of approval
Mr. Sawich seconded the motion. Roll call vote: Mr. Snow – aye, Mr. Sawich – aye, Ms. Rabideau – aye, Mr. Haggett – aye.
Mr. Snow reported on the status of the Capital Improvement Plan. He indicated that the Town Administrator was pursing the feasibility of a program to lease vehicles and equipment. Mr. Prokop would be working up the numbers and the CIP Committee would review them and make a recommendation. Since leasing would only affect the method of payment for capital items and not the items that were requested, it was felt that the CIP need not be reviewed again by the Board.
Members reviewed a letter from the Town Planner to Francestown Sand & Gravel which granted permission to bring fill into the old Harriman excavation site on Elm Avenue before procuring a permit to operate the site. Excavation and removal of material from the site was not permitted. A letter from Plan NH regarding design assistance was discussed.
Ms. Cooper had provided an e-mail regarding her thoughts on the classification of various businesses that operate either in homes or on residential property. After considerable discussion, it was quite clear that the ordinance for Home Occupation and Home Based Business as written was not consistent with the definitions for these categories. Furthermore, the restrictions as written did not reflect the realty of what actually exists in town. The consensus was that the entire subject area needed to be researched and a more concise ordnance for these types of business was required. It was agreed that this will be a project for 2006.
Ms. Rabideau had reviewed the checklist for both Major and Minor Subdivisions and recommended a number of changes. It was agreed that members would review the checklist prior to the January 5th meeting and a good portion of the meeting would be devoted to reviewing possible changes to be placed before a public hearing on January 19th.
Mr. Vasques reported that there will be a pretrial hearing on the Buschbaum lawsuit on January 6th and the trial date is set for January 19th. The petitioners have cited seven instances where they feel the Board erred in granting an approval to the application. Mr. Vasques will prepare responses to each of the seven items. Town counsel will attempt to present this information as testimony at the trial.
Mr. Sawich moved that the meeting be adjourned. Mr. Snow seconded the motion which passed. Mr. Burnside adjourned the meeting at 10:15 PM.
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Panning Board
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