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Planning Board Minutes 06/01/06
ANTRIM PLANNING BOARD

Minutes of the June 1, 2006 Meeting

Members & Staff Present:
        Mary Allen                      Scott Burnside          Bob Edwards                     Bradley Houseworth      Bill Prokop                     Renee Rabideau
        Andrew Robblee          Ed Rowehl                       Brian Sawich
Alex Snow                       Paul Vasques

Members Absent:
        Fred Anderson           Mike Genest                     Kathi Wasserloos        

Public Attendees:
        Diane Chauncey          Matt Chauncey           Tom Benedict, LLS
        Meredith Cooper, SWRPC     Matt Monahan, SWRPC

Chairman Edwards convened the meeting at 7:15 PM by appointing Mr. Snow to sit for Mr. Anderson and stated that the selectman appointed the Town Administrator, Bill Prokop, to sit for Mike Genest.  Chairman Edwards also welcomed Meredith Cooper from the Southwest Regional Planning Commission whom introduced her associate, Matt Monehan.  Ms. Cooper announced that she had resigned her position at SWRPC effective June 15th and a new person would be appointed as liaison under their Planning Board Assistance program.  Members reviewed the documentation supplied by the secretary.

Meeting Minutes: Mr. Sawich made a motion to approve the minutes of the May 18, 2006 meeting as corrected which was seconded by Ms. Allen and passed.

MCT Telecom:  MCT Telecom proposes to install 2 equipment cabinets to provide cable service to the Gregg Lake area in an easement they have on Tax Map 5, Lot 9 owned by Gordon F. Sudsbury III on the north side of Gregg Lake Road.  Mr. Vasques stated that the reason this project is being brought to the Planning Board is because all commercial operations in Antrim are required to undergo a Site Plan Review and, according to RSA 674:30, the Planning Board is granted the authority to waive a regulation for any utility project that includes establishing an unoccupied structure which is less than 200 square feet in area. In the process of determining whether a waiver should be issued to MCT Telecom for a site plan review, a number of concerns were brought up and discussed among the board members including:
1) Chairman Edwards asked Mr. Vasques if it will look similar to the already existing equipment cabinets on Elm Avenue.  The answer was yes.;
2) Mr. Prokop asked the board members why we should make them do a site plan review now if they didn’t have to do a site plan review when they installed similar equipment cabinets on Elm Ave.  Mr. Vasques thought it was because the easement was on town property.;
3) Ms. Allen raised a concern regarding the amount of trees needed to be cut on the easement for this project and is concerned about the aesthetic appearance of the easement and the trees along the south side of Gregg Lake Road.  Ms. Rabideau pointed out that according to the plan submitted to the board members, almost half of the trees on the easement area have all ready been cleared.;
4) Mr. Sawich raised a concern that he thinks the abutter (owner of Tax Map 5, Lot 9) should be notified of this proposed project and when it will be started.  Mr. Burnside replied that the owner of Tax Map 5, Lot 9 is already aware of and granted them the easement area via the deed and therefore there is no need to notify them.  Mr. Sawich still expressed concern and stated that the abutter should be notified anyway as a common courtesy to the land owner.

Following this discussion the board members consensus was that a waiver should be granted to the applicant to omit them from the site plan review process for this project.  Mr. Robblee moved to grant the waiver to MCT Telecom and Mr. Burnside seconded the motion.  Due to Mr. Sawich’s concerns, Mr. Robblee then amended his motion to also include the sending of a letter from MCT Telecom to the landowner of Tax Map 5, Lot 9.  At this time, Ms. Rabideau raised a concern about whether or not this plan had already been recorded with the county in the registry of deeds.  Mr. Robblee then amended his motion again to also include the sending of a letter from MCT Telecom to the landowner of Tax Map 5, Lot 9 assuming that the plan is registered with the county in the registry of deeds.  Mr. Burnside seconded the amended motion.  All board members voted and it was a unanimous decision to waive the site plan review for this proposed project by MCT Telecom.  (Note: On June 2nd, Ms. Rabideau confirmed that the plan was recorded as plan #31151 at the Hillsborough County Registry of deeds.)

Matthew & Diane Chauncey File #2006-09PB: Mr. Edwards opened the public meeting continuing the request of Matthew and Diane Chauncey for a Minor Subdivision.  Ms. Allen and Mr. Burnside recused themselves.  The applicant proposes to subdivide property off Smith Road, Antrim, NH, Tax Map 4 Lot 48 in the Rural District into two (2) lots. Mr. Benedict, the surveyor from Meridian Land Services, Inc., presented drawings which showed the subdivision of a 12.577-acre parcel (Map 4 Lot 48-1) from a 53.628-acre parcel (Map 4 Lot 48).   Mr. Benedict summarized the major events at the last Planning Board meeting by stating that the application was accepted two weeks ago, the checklist for the approval of the subdivision was deemed incomplete by the Board, and there were concerns from Board members regarding the wetlands not being delineated and shown on the plat for Lot 48.  Mr. Benedict further stated that due to the concerns of the board, employees of Meridian Land Services, Inc. field located the wetlands on Lot 48 by walking the site and conducting fieldwork on Tuesday, May 30, 2006.  Mr. Benedict explained that the wetlands and USGS derived contour lines were sketched on to the updated plats and these plats were made ready for the site walk that took place on Wednesday, May 31, 2006.  Mr. Benedict stated that Note 11 on the plats was revised to include how the wetlands were located on the Lot 48 property and includes a certification that there is plenty of building acreage in the dry, upland areas of this property.  Mr. Benedict lastly explained that he has completed the checklist for approval by updating the plats with the missing information highlighted by the Board at the last board meeting.  Ms. Rabideau asked the Board and Staff if it was possible to set stipulations on Lot 48, specifically that the wetlands be delineated if the 40 acre lot were ever to be subdivided again in the future.  The general consensus from the Board was that this was not necessary as any subdivision of land on Lot 48 would require the delineation of the wetlands.  Ms. Rabideau pointed out that not all of the wetlands on Lot 48-1 were even delineated; only those that surround the proposed buildable acreage of the lot.  At this time, Mr. Chauncey raised concern over whether the town regulations require that all wetlands on a new subdivided lot be delineated.  Mr. Chauncey pointed out that it is very costly to have all of the wetlands delineated on an entire parcel and that in the case of Lot 48-1 he considers it arbitrary to the subdivision.  Mr. Vasques stated that the town regulations state that the Planning Board reserves the right to have wetlands delineated on a newly subdivided lot. Members had no further questions.  Mr. Edwards opened the public hearing and asked for comments from abutters. There were none present.

Mr. Edwards closed the public hearing and the Board went into deliberation.  Members reviewed the checklist and made the following determinations:
Item # 13: Mr. Rowehl suggested this item was satisfied as the consensus from Meridian land Services, Inc. was that there was at least 86,000 square feet of contiguous dry, non-steep slope upon which to build.  The Board deliberated and decided to waive the requirement of delineating the wetlands on Lot 48.  Mr. Snow motioned and Mr. Rowehl seconded.
Item # 14: This item was considered not applicable as the requirement of item # 13 was waived and very similar.
Item #18: Monuments are to be set before signing of the Mylars
Item #22: One Mylar and four dark lines copies to be submitted.
Item # 23: Deemed to be a non-compliant requirement; deleted from checklist
Item # 26: Not applicable
Item # 29: Final copies require signatures of owner
Item # 31: Add Lot 48-1 to note 14 regarding easements and covenants
Item #36: NHDES wetlands permit is required before signing the Mylar and the permit number is to be noted on the drawing.
Item # 39: Considered Satisfied
Item # 40: Impact of wetlands (square footage) to be determined, pending approval of NH DES permit; Lot #’s to be changed from 48-2 to 48-1.
Item # 41: Final copies and Mylar require surveyor’s stamp and certification signature.

After reviewing the checklist and granting conditional approvals on certain item numbers listed below, the checklist for approval was deemed complete. There were no abutters present who wished to speak in favor or against the application.  Mr. Sawich moved to conditionally approve the application of Matthew & Diane Chauncey, File # 2006-09PB for a Minor Subdivision of property located off Smith Road, Antrim, NH, Tax Map 4 Lot 48 located in the Rural District.  The applicant proposes to divide the property into two (2) 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 23, 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.
The monuments are to be set before signing the mylar.
A NHDES wetlands permit is required before signing the Mylar and the permit number is to be noted on the drawing.
Note 14 on the plans to be changed to clarify that it includes Lot 48 and Lot 48-1 regarding easements and covenants.
Mr. Snow seconded the motion. Roll Call Vote: Mr. Rowehl – aye, Mr. Robblee – aye, Mr. Sawich – aye, Mr. Prokop – aye, Mr. Snow – aye.  The Application has been approved.

Antrim Mills: Ms. Allen and Mr. Burnside rejoined the Board.  In response to a letter to the Planning Board from the Antrim Building Inspector, Jeff Parsons, the board members discussed whether or not the renovation of three small offices in the Antrim Mill building that fronts Main St. constitutes the need for a change of use application and process review.  A number of concerns and questions were brought up in the discussion of whether or not this project constitutes a change of use including:
1) Mr. Prokop informed the board members that these particular three offices that are being renovated have always been used as office spaces and may not constitute a change of use;
2) Mr. Sawich stated that his view is that this is not a change of use.  Mr. Burnside agrees.;
3) Mr. Vasques stated that the Antrim Zoning Board of Adjustments has already granted them a variance.  Mr. Sawich added that a lot line adjustment was also recently completed with the board.  Furthermore, Mr. Edwards stated that it was also a permitted use in this zoning district;
The discussion then included a definition of change of use and the general consensus was that the Planning Board needed more information on this project in order to make an informed decision.  Chairman Edwards asked the Planning Staff if they could do some research on how other towns in New Hampshire handle change of use projects and what their policies are.  This issue was then tabled from discussion until a future board meeting when there was more information present to make an informed decision.

Capital Improvement Plan:  Mr. Snow stated that there is no new business or updates to bring to the board’s attention.

Master Plan: The next meeting of the Master Plan Committee is scheduled for June 6th. It will be a public meeting to obtain input to develop a visioning statement.  The Master Plan Committee will then meet on June 20th to discuss the results from the visioning session and discuss how to move forward with the process of updating the Master Plan.

Correspondence: Mr. Vasques reminded the Board members that the Southwest Regional Planning Commission is holding its Annual Dinner Meeting at the Shattuck Golf Club in Jaffrey, NH at 6:00 pm on Tuesday, June 13, 2006.  Mr. Vasques stated that the Town of Antrim will pay for any board members that want to attend and that the cost of the event will be $20.00 per person.  Mr. Vasques also stated that there is an article from the 5/23/06 edition of USA Today in the board members packets about a proposed ‘World Capital of Peace’ to be established by the Maharishi Mahesh Yogi organization in Kansas.

Road Acceptance policy: Mr. Vasques provided the board members with a revised draft of the road policy, based upon the Town Counsel’s letter dated on May 24, 2006, and includes changes in paragraph number two and seven on the second page of the draft.  Mr. Vasques also advised the board members that this revised draft of the road policy is on the schedule for the next Board of Selectman’s meeting to be approved or rejected.  Mr. Vasques then stated that if the Board of Selectmen formally adopts this road policy, he recommends that the Planning Board adopt these changes so that the policy will be incorporated into the Subdivision and Site Plan Review Regulations as an appendix.

Excavation Sites:  Mr. Vasques stated to the board members that a new application has been submitted to the planning board by Zeke & Mack’s Realty LLC for a permit to operate an Earth Excavation site on property located on Elm Avenue, Tax Map 8A, Lot 23 in the Rural District in Antrim and commonly known as Smitty Harriman’s pit.

Growth Committee: Chairman Edwards stated to the board members that the Growth Committee is waiting to schedule and have its next meeting depending on the results from the Master Plan visioning workshop on June 6th.

Ordinance and Regulations – Proposal and Fees for the registration of documents: Mr. Houseworth investigated what other towns in New Hampshire do in regards to the registering of documents and signed plats with the county registry of deeds and made a recommendation to the Board that they adopt a policy concerning the registering of all documents and signed plats with the Hillsborough County Registry of Deeds.  Mr. Houseworth provided two different options to the board members regarding a policy that could be adopted in order to accomplish this task.  Both options make it the responsibility of the Planning Staff in the Town Hall of Antrim to register all documents and signed plats that are approved by the Planning Board.  The two different options provided to the board members are listed below:
1)   A standard application fee of $40 per page in order to register all documents and signed plats with the registry of deeds [Ex. 3 page plan would cost $140 (Town makes $37)]; (Recommended Option -Easier to Administer for Planning Staff)
2)   A standard administrative handling fee of $25 (includes $5 mailing fee) for the Planning Staff to register the document or plan plus the Hillsborough County Registry of Deeds fee ranging from $14 to $26 per page. [Ex. 3 page plan would cost $103 (Town makes $20)
Mr. Sawich motioned to accept the recommended option, option # 1, which was seconded by Mr. Snow.  Roll Call Vote: Mr. Rowehl – aye, Mr. Robblee – nay, Mr. Burnside – aye, Ms. Allen – nay, Mr. Sawich – aye, Mr. Prokop – aye, Mr. Snow – aye, Ms. Rabideau – nay.  Option # 1 of the proposal was approved.

Ordinance and Regulations – Conditional approvals on plats for the Subdivision of Land:  Mr. Houseworth pointed out to the planning board members that Section V: Submission Requirements for the Subdivision of Land (B.4.a.6. and C.2.a.6) of the “Antrim Subdivision and Site Plan Review Regulations” are out of compliance with RSA 674:36, Section III. a.  Mr. Houseworth recommended to the board members that they remove/ delete Section V, B.4.a.6 and C.2.a.6 from the “Antrim Subdivision and Site Plan Review Regulations,” as they are not in compliance with the state regulation [RSA 674:36 Subdivision Regulations, Section III.(a)].  Mr. Sawich moved to accept the proposal to delete the subdivision and site plan review regulation, which was seconded by Mr. Burnside and passed.  The change will be submitted at a public hearing.

Ordinance and Regulations - Acceptance of applications: Mr. Houseworth investigated the subject of acceptance and found that the Planning Board’s procedures for accepting an application are not consistent with the regulations established in section IV, B(1) and B(2) of the “Antrim Subdivision and Site Plan Review Regulations.” Mr. Houseworth proposed to the board member’s that they amend section IV, B(2) of the Subdivision and Site Plan Review Regulations in order to make the application process more consistent with town regulations to read the following:
“2. An application will be accepted only if all requirements of these regulations have been met.  If there are any missing components to the application, checklist, or plat(s), the applicant must submit written waivers for the missing items and/ or if written waivers are not applicable or submitted, the Planning Board must determine if there is sufficient information included or submitted to make an informed decision in order to accept the application as complete.  In case of non-acceptance of any application submitted to the Board, the grounds for such non-acceptance shall be stated in the minutes or records of the Planning Board and the applicant shall be notified of the action taken in writing not more than ten 10) days after the date of such action.”
Mr. Houseworth also proposed to the board members that they adopt the form that was reviewed by the members in order to help present in writing the current status and level of completeness of the application and provide a report from the Planning Staff regarding the application.   After a rather lengthy discussion, the consensus among the board members was to accept the proposal as laid out by Mr. Houseworth.  Mr. Sawich motioned to accept the recommendations put forth by Mr. Houseworth to comply with the state RSAs and local regulations and to add the proposed acceptance form.  Mr. Burnside seconded the motion.  Roll Call Vote: Mr. Rowehl – aye, Mr. Robblee – aye, Mr. Burnside – aye, Ms. Allen – aye, Mr. Sawich – aye, Mr. Prokop – aye, Mr. Snow – aye, Ms. Rabideau –aye.  The proposed changes to the Subdivision and Site Plan Review regulations and acceptance of the new form were approved and will be submitted at a public hearing.

Ordinance and Regulations – Review of Major and Minor Site Plan Review Regulations:  Mr. Houseworth presented to the board members the proposed changes to the major and minor site plan review and major and minor subdivision regulations and checklists.  Mr. Houseworth stated that the reason for the proposed changes to the regulations is to try and streamline the checklists so that similar items in the four different checklists are phrased in the same manner so that they are more user friendly for all parties involved: Planning Staff, Applicants, and Planning Board Members.  Mr. Houseworth proposed that the board members review these regulations and checklists and move to accept them at a future planning board meeting.
Mr. Sawich moved to adjourn. Mr. Prokop seconded the motion which passed. Mr. Edwards adjourned the meeting at 10:30 PM.

Respectfully submitted,

Bradley J. Houseworth, Alternate Secretary
Antrim Planning Board