ANTRIM PLANNING BOARD
Minutes of the July 20, 2006 Meeting
Members & Staff Present:
Mary Allen Scott Burnside Bob Edwards
Mike Genest Bradley Houseworth Andrew Robblee
Ed Rowehl Brian Sawich Alex Snow Paul Vasques Kathi Wasserloos
Members & Staff absent:
Fred Anderson Renee Rabideau Matt Monahan, SWRPC
Public Attendees:
Doris Ann Edwards Christopher Hendrick Lisa Hendrick Steve Jones Matt Miller Gayle Rochford, LLS
The members convened at 7:00 PM and reviewed the documentation on the agenda prior to the start of the meeting. Chairman Edwards opened the public meeting at 7:30 PM, introduced himself, asked the Board and Staff members to introduce themselves, and outlined the procedure to be followed during the public hearing. Chairman Edwards also appointed Mr. Snow to sit in place of the absent Mr. Anderson.
Russell File # 2006-15PB: At 7:30 PM Mr. Edwards opened the pubic meeting on the request of Jon Russell and Melanie Pinard for a lot merger on two (2) properties located at 10 Trillium Trail, Antrim, NH 03440 Tax Map 8A, Lots 32 and 33 in the Lakefront Residential District. Mr. Russell was not present at the meeting; the Board reviewed the application. Chairman Edwards raised a concern regarding his interpretation of the NH statute RSA 674:39-a Voluntary Merger, stating that although this lot merger would combine two existing, non-conforming lots, the end product would still not be a conforming lot under the current zoning ordinances and town regulations. Mr. Vasques suggested that if they were to approve the lot merger, the Board should make a conditional approval based on input from town counsel on
this matter. After some discussion, the Board agreed that this lot merger is consistent with the spirit or intent of the current zoning ordinance in that it is creating a less non-conforming lot by eliminating one of the two non-conforming lots. The Board felt that one less septic system and house was worth merging the two lots even if the end product didn’t meet current zoning minimal lot standards in the Lakefront Residential District. Mr. Burnside made a motion to approve the lot merger, subject to Town Counsel’s approval regarding the interpretation of RSA 674:39, Mr. Genest seconded. Chairman Edwards asked for a verbal vote from the Board regarding the approval of the lot merger. The Board voted unanimously to approve the lot merger, none were opposed.
Miller, Matthew & Sherry File # 2006-13PB: Mr. Edwards continued the pubic meeting from July 6, 2006 on the request of Matthew and Sherry Miller to establish a Home Occupation on property located at 5 Mescilbrooks Road, Antrim, NH 03440 Tax Map 1C, Lot 142 in the Residential District. The applicant proposes to operate a printing shop. Mr. Vasques began by providing to the Board a review from the Road Agent regarding the safety of the entrance to the Miller’s property as observed by the Board at the site walk. The Road Agent’s review specifically address’s the vegetation located near the entrance of the Miller’s driveway stating, “Three ash trees will be removed, the brush at the intersection will be cleared and a stop sign will be installed.” Chairman Edwards asked Mr.
Vasques who will pay for the removal of the trees near the road on Miller’s Lot. Mr. Vasques stated that the Town contracts the work out at the Town’s expense. Mr. Genest added that just recently more money has been put in the Town’s budget for tree removal. Mr. Vasques stated that the Road Agent’s proposal to remove vegetation also addresses the concerns of the Antrim Police Department, spelled out in their review and memo to the Board, regarding the visibility and safety issues surrounding the intersection of Mescilbrooks Road and North Main Street, near the Miller’s property.
Chairman Edwards asked the Planning Staff what the status is of the current checklist for items and information needed to vote on the proposed application. Mr. Vasques went through the missing items on the checklist; Item # 9 was not satisfied regarding provisions for storage and removal of rubbish. Mr. Miller stated that he has put a dumpster in place on the property to remove rubbish, the Board considers Item # 9 satisfied. All other items on the checklist have been satisfied, the Board considers the checklist to be complete. Chairman Edwards closes the public meeting, opens the public hearing, and asks the Board if they have any additional comments, questions, or concerns; the Board is silent. Chairman Edwards asked Mr. Miller if he has any other questions or comments, Mr. Miller said no and that he was here
to answer any questions the Board or abutters might have. Chairman Edwards asked if any abutters had any comments regarding Mr. Miller’s proposal, Ms. Edwards replied no. Chairman Edwards closes the public hearing.
Mr. Sawich made a motion to approve the application of Matthew & Sherry Miller, File # 2006-13PB for a Home Occupation on property located at 5 Mescilbrooks Road, Antrim, NH, Tax Map 1C Lot 142 located in the Residential District with the following conditions as written. The applicant proposes to operate a printing shop.
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 July 6, 2006
and subsequent meetings 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.
Mr. Burnside seconded the motion. Roll call vote: Mr. Rowehl – aye, Mr. Burnside – aye, Mr. Sawich – aye, Mr. Genest – aye, Mr. Snow – aye, Mr. Robblee – aye. The application of Matthew & Sherry Miller for a Home Occupation has been approved by the Board.
Hendrick, Christopher & Lisa File # 2006-14PB: Chairman Edwards opened the pubic meeting on the request of Christopher & Lisa Hendrick for a Minor Site Plan Review under Article VII par. B.1.f. of the zoning ordinance for property located at 74 West Street, Antrim, NH 03440 Tax Map 1C, Lot 3 in the Rural District. The applicant proposes to expand an existing day care center which would be licensed by the State; Mrs. Hendrick currently cares for 3 children but wants to increase to 6 children, requiring her to be licensed by the State of NH. Chairman Edwards welcomes the Hendricks to the public meeting, thanks them for attending, and asks them to briefly describe their proposed expansion of an existing day care center. Mrs. Hendrick started by explaining that she has had an at home child care
business since September 2005 and wishes to be state licensed and have a more professional certification. She explained that being licensed by the state and having a more professional certification to conduct a child day care center is much more attractive to current and potential customers. She stated that she is registered with the State of NH as a child care provider and is qualified to welcome children receiving state aid. Furthermore, being licensed by the State of New Hampshire requires yearly physicals, health and fire inspections, and an increase in the number of children permitted at the day care center (up to 9 children allowed by the state). Mrs. Hendrick stated that there really aren’t many child care facilities or services provided to this area and explained that she is also part of a parent network in Antrim through the Child First organization. She explained that she has room to expand, add more children to her day care center, and
has been approved by the state to accept up to 9 children if she has a helper to provide assistance. She also stated that her home had been inspected by the Fire Department and the Town Building Inspector and they both gave her passing status with no restrictions.
Mr. Sawich asked what the state requirements are for each child. Mrs. Hendrick replied that the state requires that there be at least 35 square feet per child. Mr. Sawich asked what the state requirements are for the number of children per bathroom. Mrs. Hendrick stated that she was told by the state that one bathroom can be used by up to 20 people. Mr. Sawich asked about their current septic system, the current condition of it and its capacity. Mrs. Hendrick explained that it is a year and a half old septic system that is rated for 4 bedrooms. The septic system consists of 2 tanks that hold a total of 750 gallons and a new leach field. Mrs. Hendrick also added that the drinking water comes from a well, the water quality is very good, and the well is about 4 years old. Mr. Sawich asked about
the size of the play area and if there was room in the front or back yard for the children to use. Mrs. Hendrick replied that there really is no front yard and the day care children aren’t allowed in the front yard near the road. She says the children have a very informal play area in the backyard. Mr. Vasques mentioned that the plot plan submitted with the application includes a sketch showing the dimensions of the backyard to be 80’ x 40’ and that within this area is a square marked off as the designated play area but has no dimensions. Mr. Sawich asked if the play area is fenced off or has any outdoor equipment or a swing set. Mrs. Hendrick explained that the play area is not fenced in and there is no large outdoor equipment for the children to play on; just an informal designated play area with basic children’s toys included toy trucks, balls, etc.
In response to a review conducted by the Town Building Inspector, Chairman Edwards asked about the comment related to needing a handrail on the front steps. Mrs. Hendrick said the handrails will be up on the front steps within a month. In response to the Building Inspector’s comment regarding needing to improve the stairs to the second floor, Mrs. Hendrick stated that the children don’t use the stairs and are restricted inside to the nursery in the back of the house. She explained that there is a child gate put up on the entrance of the stairs and the day care children are not allowed in the family’s regular living area. Mr. Edwards then reviewed the police report regarding this proposed application and highlighted their concern of the home being located in, “an area where visibility is poor
for traffic making ingress or egress out of their driveway.” The police report also included a statement that stated, “There appears to be very little parking on the premises,” and a comment that it would be wise to post ‘children playing’ signs on either side of the driveway to warn traffic on West Street. Mrs. Hendrick asked if she needed to put up and pay for the ‘children playing’ signs or does the town take care of it. She stated that although the day care children are not allowed in the front yard and don’t go near the road, her own children do play in the front yard and she thinks it is a great idea to put up the ‘children playing’ signs. Mr. Sawich stated that the installation of the ‘children playing’ signs could be a condition of the approval of the application. Mr. Edwards asked Mrs. Hendrick if she felt the visibility is adequate for vehicles coming in and out of their
driveway. Mrs. Hendrick said yes, Mr. Hendrick said his only safety concern is the hill on West Street. As far as the space available for parking, Mrs. Hendrick stated that the parking area can hold up to 4 cars at a time and that there is plenty of space for parking in the dirt area near the garage. Mr. Hendrick explained that this is a drop-off service and that the children are dropped off at different times so there is rarely a conflict with parking or traffic. He says they have 3 official parking spots for clients at any time (not counting the one for his truck) and that there is plenty of space to park on the dirt.
Mr. Sawich asked about the age range of children she usually provides day care for. She stated that the children range from infants to five years old and that she prefers younger children. She says she has a couple after school children but prefers handling younger children. She stated that she runs a very organized and clean day care center and the children really want to stay and play. Mr. Hendrick stated he doesn’t know how she does it and still keeps the house so clean. Mr. Edwards raised a concern regarding Mrs. Hendrick running the day care center out of a house and property that is owned by Mr. Hendrick. Mr. Vasques stated that it seems to be a mute issue since the town ordinance clearly states that any of the residents of the household can apply for and establish a home occupation.
Since Mrs. Hendrick is married to Mr. Hendrick, and is a family member, the Board after some discussion agrees that she can apply for the home occupation, the application is fine the way it is, and isn’t violating any town ordinances. Mr. Edwards then asked the Board if they felt it was appropriate to do a site walk on the property. Mr. Sawich stated that he personally didn’t feel that a site walk is necessary to approve the application. Mr. Genest said he thinks a site walk may be a good idea to confirm parking availability and see the visibility and safety concerns surrounding the driveway entrance first hand. Mr. Edwards agreed with Mr. Genest and suggested doing a site walk. Mr. Snow and Mr. Robblee also suggested doing a site walk. Mrs. Hendrick asked the Board if the site walk will be something that is scheduled or if the Board members will just drop-in and show up. Mr. Edwards confirmed that it will be scheduled
with her later in the meeting.
Mr. Edwards asked the Board if there were any other questions from the board for the Hendricks. There were no further questions. Mr. Genest made a motion to accept the application of Christopher and Lisa Hendrick, File # 2006-14PB for a Home Occupation at property located at 74 West Street, Antrim, NH, Tax Map 1C Lot 3 located in the Rural District. The applicant proposes to expand an existing day care center. Mr. Sawich seconded the motion to accept the application. Roll call vote: Mr. Rowehl – aye, Mr. Burnside – aye, Mr. Sawich – aye, Mr. Genest – aye, Mr. Snow – aye, Mr. Robblee – aye. The application of Christopher and Lisa Hendrick for a Home Occupation has been accepted by the Board. Mr. Edwards then closed the public meeting and opened the public hearing. No abutters were present at the meeting. Mr. Edwards asked if anyone had any comments or concerns regarding this application, any comments for or against the proposed expansion of a day care center, no one
answered. Mr. Edwards asked the Planning Staff to review the checklist. Mr. Vasques went through the checklist, addressed the missing items with the Board and the Hendricks, and stated that it appears that all items on the checklist have been satisfied. Mrs. Hendrick stated that there would be no changes to the existing plumbing, electrical system, or sewage disposal systems. She said that there are no signs present, that there is a spot light in front of the garage and a spot light will be placed on the house in the backyard, and that she will take all refuse to the dump. Regarding needing the approval of the Fire Safety Officer, Mrs. Hendrick provided a report submitted to the State by Marshal Gale, the Antrim Deputy Fire Chief, regarding the location of all fire exits and a statement that her house passed with no restrictions. Mrs. Hendrick also explained that she will be the only employee and that her hours of operation will continue to be
6:30 AM – 5 PM Monday through Friday with no weekends or overnights. Mr. Edwards asked Mrs. Hendrick what time would be best for her to schedule the site walk; Mrs. Hendrick replied anytime after 5 PM and before 7 PM any day of the week. The Board and Mrs. Hendrick scheduled the site walk for Monday, July 24, 2006 at 5:30 PM. Mrs. Hendrick gave permission for abutters to attend the walk. Mr. Edwards continued the public meeting to the site walk on July 24 and the public hearing to August 3, 2006 at 7:30 PM.
S.R. Jones Excavation, LLC File # 2006-08PB: Chairman Edwards continued the pubic meeting from May 18, 2006 on the request of Steve Jones for a Minor Subdivision on property located at 149 Clinton Road, Antrim, NH 03440 Tax Map 5, Lot 173 in the Rural District. The applicant proposes to divide the property into two (2) lots. Chairman Edwards asked the Planning Staff what the status is of the current checklist for items and information needed to approve the proposed application. Mr. Houseworth went through the missing items on the checklist; Items # 11, 13, 14, 22, and 29 were still considered missing items. Ms. Rochford stated that there was no need to show the wetlands, buffers, setbacks, streams, or drainage ditches on Lot 173-1 on the plats because they were 1) already shown on the supplemental
sheets prepared and stamped by a certified wetland scientist, Sharon Monahan – CWS; 2) the Hillsborough County Registry of Deeds would not accept the plats if the wetlands were just sketched on with approximate boundaries rather than being officially delineated and located, and 3) the point of approximately locating the existing wetlands was to show that there was enough contiguous land to constitute a legal, buildable lot. After some discussion, the Board agreed with Ms. Rochford and considered Items # 11, 13, and 14 to be satisfied due to the information provided on the supplemental sheet which will be kept on file with the application at Antrim Town Hall. Items # 22 and 29 are pending and will be completed when the final mylar is produced. All other items on the checklist have been satisfied, the Board considers the checklist to be complete. Chairman Edwards closes the public meeting, opens the public hearing, and asks the Board if they have any
additional comments, questions, or concerns; the Board is silent. There were no abutters present and no further questions or comments by the Board or Planning Staff.
Mr. Burnside made a motion to approve the application of S.R. Jones Excavation, LLC., File # 2006-08PB for a Minor Subdivision on property located at 149 Clinton Road, Antrim, NH 03440 Tax Map 5, Lot 173 in the Rural District with the following conditions as written. The applicant proposes to divide the property 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 July 6, 2006
and subsequent meetings 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.
Mr. Snow seconded the motion. Roll call vote: Mr. Rowehl – aye, Mr. Burnside – aye, Mr. Sawich – aye, Mr. Genest – aye, Mr. Snow – aye, Mr. Robblee – aye. The application of S.R. Jones Excavation, LLC for a Minor Subdivision has been approved by the Board.
Administrative/ Approve Planning Board Minutes: The Board reviewed the July 6, 2006 Planning Board Meeting Minutes and made some corrections. Mr. Genest made a motion to approve the minutes of the July 6th meeting as corrected which was seconded by Ms. Allen and unanimously passed. The Board reviewed the July 18, 2006 Planning Board Site Walk Meeting Minutes and made some corrections. Mr. Snow moved to approve the minutes of the July 18th site walk meeting as corrected which was seconded by Mr. Genest and unanimously passed.
Pierce Lake Estates II File #2005-12PB: Underwood Engineering provided a letter addressed to Glover Construction calling attention to a drainage discrepancy regarding the culvert size at Sta. 7+37 which was significantly modified (reduced from 36” to 18”) after Underwood Engineering had approved the drawings. Underwood Engineering stated they never received a revised set of plans nor drainage calculations for review. The letter requested that the contractor provide Underwood Engineering with documentation from the design engineer including revised drainage calculations justifying the reduction in pipe size. Mr. Rowehl summarized his understanding of the issue by stating that the idea behind the smaller culvert is to retain more water and restrict the flow. Mr. Vasques stated that the whole
issue was a misunderstanding because the downsizing of the culvert was mandated by NH DES and Underwood Engineering was not aware of this change. He added that a new drainage analysis report was received this date.
Zoning Ordinance update/ change to Article VI, C.1.c.(3): Mr. Vasques advised the Board that the Planning Staff has officially made the change to paragraph C.1.c.(3) of Article VI of the Antrim Zoning Ordinances Manual, previously approved by the Board on March 14, 2006. The following change has been made to paragraph C.1.c.(3) of Article VI:
(3) The total number of dwelling units permitted on a site is calculated by dividing
the size of the site by 10,000 square feet per dwelling unit, with a maximum of
six (6) units per dwelling building. Amended March 14, 2006.
Mr. Vasques asked the Board to replace the old Article VI in their Zoning Ordinance Manual with the new, attached version, provided at the meeting.
Chauncey, Matthew & Diane, File # 2006-09PB: Mr. Vasques advised the Board of Matthew and Diane Chauncey’s Minimum Impact Expedited Application to the NH Department of Environmental Services (NH DES) Wetlands Bureau. Mr. Vasques provided a copy of the application to all of the Board members. The complete application is on file in Antrim Town Hall.
North Main Street Bridge – Standard Dredge & Fill Application: Mr. Vasques advised the Board of the Town of Antrim’s Standard Dredge and Fill Application for the North Main Street bridge to the NH Department of Environmental Services (NH DES) Wetlands Bureau. Mr. Vasques provided a copy of the application form to all of the Board members. The complete application is on file in Antrim Town Hall.
Town Building Inspector’s Checklist: Mr. Vasques provided to the Board a copy of the current checklist used by the Building Inspector to make sure he has addressed all issues relating to the issuance of a building permit. The checklist was reviewed by the Board to make them aware of what criteria is considered when issuing a building permit by the Building Inspector in the Town of Antrim.
Master Plan: The next Master Plan meeting is scheduled for August 8th. It is expected that the first draft of sections will be available.
Correspondence/ SWRPC – NH Route 9 Corridor Study: Mr. Vasques advised the Board that the Town of Antrim just received a copy of the ‘NH Route 9 Corridor Study – Final Report’ from SWRPC. The report is a culmination of public input and research producing infrastructure, policy, and management recommendations that can be implemented by the local communities in the near future. A copy of the final report is on file with the Planning Department in the Antrim Town Hall.
Ordinances and Regulations – Study the Rezoning of the Route 9 Corridor: Mr. Sawich explained that he is proposing a program to conduct a study on the rezoning of the Route 9 corridor including a time line of set goals leading up to the March 2007 Town elections. Mr. Sawich stated that he thinks it is in the best interest of the Board and the Town to start studying the rezoning issue of Route 9 so that there is a warrant article to present to the citizens when the March 2007 elections arrive. He stated that he doesn’t want to step on anyone’s toes, including the Growth committee, but thinks the Board should get the ball rolling by compiling preliminary data, information, and maps. After some discussion amongst the Board members, it was decided the Board would form a subcommittee,
‘Route 9 Study Committee,’ to begin the development of the proposal to rezone a portion of Route 9. Mr. Sawich volunteered to be the chairman and Mr. Snow, Mr. Genest, and Mr. Burnside all volunteered to serve on the subcommittee. Mr. Sawich provided the Board with a copy of his proposal and stated he would schedule the first meeting in the near future.
Ordinances and Regulations – Procedure for the Acceptance of an Application: Mr. Houseworth provided to the Board a proposal to amend Section IV, B.(2) of the ‘Antrim Subdivision and Site Plan Review Regulations.’ The following underlined and italicized change has been proposed to insure that the required information is supplied with an application to allow the Planning Board to accept or deny an application.
“2. The Planning Board shall use the requirements of these regulations to determine if an application is complete. An application must be either accepted or rejected as complete, by roll call vote of the Planning Board, within 30 days of receipt of the application. An application will be accepted as complete if all requirements of these regulations have been met. However, if there are any missing components to the application, checklist, or plat(s), the applicant should/ must submit written waivers for the missing items and/ or if written waivers are not applicable or submitted, the Planning Board reserves the right to accept a partially completed application if it determines there is sufficient information included or submitted to allow
the board to proceed with consideration and make an informed decision. Acceptance of an application as complete does not ensure approval of the application. 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.”
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After reviewing Mr. Houseworth’s proposal, Mr. Rowehl added some important text to the above proposed amendment. Mr. Rowehl’s added text is underlined and italicized below:
“2. The Planning Board shall use the requirements of these regulations to determine if an application is complete. An application must be either accepted or rejected as complete, by roll call vote of the Planning Board, within 30 days of receipt of the application. An application will be accepted as complete if all requirements of these regulations have been met. However, if there are any missing components to the application, checklist, or plat(s), the applicant should/ must submit written waivers for the missing items and/ or if written waivers are not applicable or submitted, the Planning Board reserves the right to accept a partially completed application if it determines there is sufficient information included or submitted to allow the board to begin
deliberation, that missing items will be received in a timely manner, allowing deliberation to be completed and an informed decision rendered, within the statutory allotted time. Acceptance of an application as complete does not ensure approval of the application. 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.”
Following a lengthy discussion, Mr. Robblee motioned to accept Mr. Rowehl’s version/ amendment to Section IV, B.(2) of the ‘Antrim Subdivision and Site Plan Review Regulations;’ Mr. Burnside seconded. Mr. Rowehl’s proposed changes to the Subdivision and Site Plan Review regulations was approved and will be submitted at a public hearing.
Mr. Genest moved that the meeting be adjourned. Mr. Snow seconded the motion which passed. Mr. Edwards adjourned the meeting at 11:00 PM.
Respectfully submitted,
Bradley J. Houseworth, Planning Technician
Antrim Planning Board
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