ANTRIM PLANNING BOARD
Minutes of the May 4, 2006 Meeting
Members & Staff Present:
Mary Allen Fred Anderson Bob Edwards Mike Genest Bradley Houseworth Renee Rabideau Andrew Robblee Ed Rowehl Brian Sawich
Alex Snow Paul Vasques
Members Absent:
Scott Burnside
Public Attendees:
Meredith Cooper, SWRPC Mark Lyon Donna Lyon
Robert Todd, LLS Karen O’Rourke Peter Moore
Marsha Morrow Greg Reinert Linda Reinert
Kathy Wasserloos
Chairman Edwards opened the meeting at 7:00 PM by appointing Ms. Rabideau to sit for Mr. Burnside. Mr. Sawich moved that the minutes of the April 20, 2006 meeting be approved as corrected. Mr. Rowehl seconded the motion which passed.
Tyler Small Engine: Mr. Vasques asked the members if the rental of trucks and trailer at the site could be considered an accessory to a permitted use. Various opinions were expressed but the consensus of the Board was that such rentals would not be interpreted as an accessory use. Mr. Sawich felt that the rental of trucks and trailers as accessory to yard maintenance equipment was a “stretch”. Mr. Rowehl pointed out that in the 1980’s Automotive Sales, Service and Rentals was a permitted use in the Village Business District but such activity was deliberately left out of the revised 1989 ordinances on the recommendation of the Planning Board. The change was voted in by the citizens. He felt that this was a clear indication that the townspeople did not want to see vehicle rentals as a permitted use in the
Village Business District. Ms. Allen pointed out that other businesses in the Village Business District rent products so it was important to note that the board was dealing specifically with the rental of vehicles as not being permitted. Mr. Sawich moved that Tyler’s should cease and desist the rental of trucks and trailers and apply for a variance to the Zoning Board of Adjustment if he wishes to continue. Ms. Cooper cautioned the Board, stating that it was her opinion that the Planning Board did not have the authority to interpret the zoning ordinance. She felt that interpretation of the ordinance was the prerogative of the enforcement authority (i.e. Board of Selectmen or their agent). Anyone aggrieved by a decision made by said parties could appeal to the Zoning Board of Adjustment. Ms. Cooper’s observation was debated and concluded with the Town Planner being instructed to seek advice of Town Counsel regarding the Planning Board’s authority to interpret the
zoning regulations. Mr. Sawich’s motion was not seconded and action on the Tyler situation is to be put on hold pending advice from counsel.
Torino Development Co., LLC: Mr. Edwards continued a conceptual consultation by asking Ms. O’Rourke to present her revised drawings. She showed a preliminary conceptual drawing entitled Plan D which showed a 12-lot yield based upon a normal subdivision. The hypothetical subdivision would have over 4,000 feet of roadway and require numerous wetland crossings. Therefore, the applicant was proposing a 9-lot cluster housing subdivision to minimize wetland crossings and would place 32.9 acres in a conservation easement as open space. Discussions have already been held with the Conservation Commission and the Monadnock Conservancy regarding such an easement. There would be six single-family homes and three duplexes. There would also be a 10th lot behind the rest area. There was some discussion as to whether or not
the “normal” lot yield should have been calculated after the 10th lot was subdivided from the main parcel because this would reduce the yield to less than 12 lots. It was pointed out that the tenth lot was bordered by a 100’ “no cut” buffer zone along Route 202 and members asked how the applicant proposed to access the lot. The members also wondered if NHDOT would grant a curb cut to the lot. Mr. Sawich suggested that before proceeding with the application for the cluster housing subdivision, the applicant should ascertain whether Lot 10 was feasible based on accessibility as the Board would not be inclined to grant a subdivision which would create a land locked parcel. The Board concurred with Mr. Sawich’s suggestion. Ms. Rabideau questioned whether DES allowed a filled in wetland to be used for a septic system. This needed to be resolved. Mr. Sawich was concerned about the slopes on lots 6, 8 and 9. Ms. O’Rourke said they
averaged between 8 – 15%. The consensus was that a High Intensity Soil Survey would probably be required. Mr. Sawich asked if the road to the cluster housing could be tied into the Mighty Oaks subdivision which borders the south side of the property. Ms. O’Rourke will investigate the possibility. Ms. Cooper asked if the town regulations required roads between adjacent subdivisions to be tied into one another. The Town has no such regulation. It was pointed out that the size of the cul-de-sac did not meet the regulations. There was some concern if the wells and septic could be laid out on the lots as presented. Ms. O’Rourke asked for the Board,s opinion on how they might consider such an application. Members stated that as a generalization, they would look favorably on the concept of cluster housing and open space. The Town Planner cautioned the applicant that the opinion of the Board was not in any way binding. Ms. Cooper also cautioned that the reports submitted
by various department heads based on the conceptual drawings would not be binding and drawings submitted with a formal application would have to be reviewed by the department heads and new reports issued. Ms. O’Rourke indicated that she would meet with her client and consider revisions to be made before submitting a formal application.
Cloutier, Robert File 2006-03PB: Mr. Edwards opened the public hearing on the Cloutier application for a major subdivision which was continued from April 6th. Notification had been made to abutters affected by the lot line adjustment which was not considered in the original application. Mr. Todd, the surveyor representing Mr. Cloutier presented revised drawings showing the lot line adjustment and revisions requested at the previous meeting. The lot line adjustment would convey an 18.584-acre portion (designated as Parcel C) of the existing lot 1C-10 to the existing lot 1C-54 which is currently owned by the town and which houses Fire Station #1. Note 5F describes the conveyance of Parcel C. The Town Planner had reviewed Note 5F with Town Counsel who found it acceptable. Mr. Todd reiterated previous statements that Lot
1C-13-1 was designed to be hooked up to the town water & sewer system. The question arose regarding the availability of the right of way from Buttercup Lane to access Parcel C. Mr. Todd doubts that the right of way was ever conveyed to the respective property owners on Buttercup Lane and questioned if it still exists. Mr. Rowehl felt that the availability of the right of way was not critical to the lot line adjustment because Parcel C could be accessed from Clinton Road. The Secretary read a letter from the Conservation Commission dated May 3, 2006 stating that the Commission can accept land in the name of the town in accordance with RSA 36A:4 and recommends that the Selectmen add Parcel C to Lot 1C-54. Ms. Rabideau asked if Parcel C would be placed in a conservation easement. The note on the conveyance stipulates that it would be for “land use permitting purposes” and that actual usage would be determined by the town at a later date. This form of conveyance was
acceptable to Town Counsel. Mr. Sawich moved that the Planning Board recommend to the selectmen that they approve the acceptance of Parcel C by the conservation commission. Mr. Anderson seconded the motion which passed unanimously. The Conservation Commission also recommended that the back lots not be further subdivided. Mr. Genest pointed out that this matter had been addressed at the April 6th meeting and the Board determined that such a restriction would not be made a condition of approval. Some additional discussion followed regarding the hookup of 1C-13-1 to town water & sewer. Ms. Allen pointed out that the hookup of the sewer line was a private matter between the purchaser and the owner of the private sewer line on Hilton Avenue. Members concurred that note 5B adequately prescribed the hookup to lot 1C-13-1. The consensus was that a memo from the Water & Sewer Dept. permitting such a hook up be a condition of approval.
Mr. Sawich moved to approve the application of Normand A. LaPlante, Kenneth Cloutier & Robert Cloutier File # 2006-03PB for a lot line adjustment between lots 1C-10 and 1C-54 and major subdivision of property located on the northerly side of West Street; westerly side of Hilton Ave. and southerly side of Great Brook in Antrim, NH, Tax Map 1C Lots 10, & 13 located in the Rural and Residential Districts. The applicant proposes to subdivide the property into six (6) 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 2, 2006 and subsequent 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.
Subject to a report from the Water & Sewer Department that they will permit a hook up from lot 1C-13-1 to the water and sewer system.
Subject to the approval of the acceptance of Parcel C by the Conservation Commission by the Board of Selectmen.
Mr. Genest seconded the motion. Roll call vote: Mr. Rowehl – aye, Mr. Anderson – aye, Mr. Genest – aye, Mr. Sawich – aye, Ms Rabideau – aye, Mr. Robblee – aye.
Road construction inspection fees: Members discussed the current agreement for the escrow account for road construction inspection services. Following some discussion, Ms. Allen moved that the agreement be changed to read as follows: “That a reserve fund will be maintained by the Town in the amount of $_________, payable as follows: 50% before the signing of the final Mylars and 50% before the pre-construction meeting is held.” Mr. Sawich seconded the motion which passed.
Pierce Lake Estates II File 2005-12PB: The Secretary notified members that Mr. Glover had started road construction without having posted a bond or letter of credit. He was instructed to consult with Town Counsel to determine the correct procedure to issue a stop work order on the project and to request that the Code Enforcement Officer issue such an order until such a time as Mr. Glover complies with the conditional approval.
Road acceptance policy: The Secretary presented a revised draft of a road acceptance, reopening and reclassification policy which incorporated recommendations made by Town Counsel in his letter dated March 31, 2006. Mr. Sawich moved to recommend to the Board of Selectmen that they formally adopt the policy. Mr. Rowehl seconded the motion which passed.
Regional Impact: Mr. Edwards asked members to consider the implications of RSA’s 36:55 through 36:58 regarding review of developments of regional impact. Mr. Sawich moved that a requirement be placed in the Subdivision and Site Plan Review regulations that a determination regarding regional impact must be made before the acceptance of an application. Ms. Allen seconded the motion which passed. The Town Planner was instructed to draft the wording.
Brissette: Members reviewed a letter from the Code Enforcement Officer regarding various violations.
Flood Plain Maps: Mr. Houseworth & Mr. Parsons will attend a public information workshop for FEMA new updated flood hazard maps for Hillsborough County.
Master Plan: The next Master Plan meeting is scheduled for May 16th. Mr. Snow said that Mr. Holmes was interested in serving on a town board or committee. It was felt that Mr. Holmes talents could best be used on the Master Plan committee and that the offer of his services should be coordinated with Ms. Taylor.
Alternate member: Ms. Allen introduced Ms. Kathy Wasserloos who was interested in serving as an alternate member. Ms. Wasserloos had previously served as secretary to the Board. A brief discussion followed regarding her interest in serving and her qualifications. Mr. Sawich moved that Ms. Wasserloos be appointed as an alternate. Ms. Allen seconded the motion which passed.
Mr. Sawich moved that the meeting be adjourned. Mr. Robblee seconded the motion which passed. Mr. Edwards adjourned the meeting at 10:45 PM.
Respectfully submitted,
Paul L. Vasques, Secretary
Antrim Planning Board
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