ANTRIM PLANNING BOARD
Minutes of the August 3, 2006 Meeting
Members & Staff Present:
Fred Anderson Scott Burnside Bob Edwards
Ron Haggett Bradley Houseworth Ed Rowehl Brian Sawich Alex Snow Paul Vasques Kathi Wasserloos
Members & Staff absent:
Mary Allen Renee Rabideau Andrew Robblee Matt Monahan, SWRPC
Public Attendees:
Christopher Hendrick Lisa Hendrick Joe Koziell
Kathy Koziell
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 advised the Board that the Selectmen voted to have Ron Haggett be their representative for this Planning Board meeting, as Mr. Genest couldn’t make it due to his work schedule. Chairman Edwards also appointed Mr. Snow to sit in place of the absent Mr. Robblee.
Hendrick, Christopher & Lisa File # 2006-14PB: Chairman Edwards continued the public meeting on the request of Christopher & Lisa Hendrick for a Minor Site Plan Review for a Home Occupation as required by 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 welcomed the Hendricks to the public meeting, thanked them for attending, and reviewed the concerns and comments raised during the site walk that was conducted at the property on Monday, July 24, 2006 at 5:30 PM. Mr. Edwards explained that there were little to no concerns from the Board besides what was presented in the site walk minutes. Mr. Sawich explained that there were three concerns
highlighted on the site walk and in the minutes: 1) The need to clear the brush and vegetation near the road and driveway entrance; 2) The need to put up some ‘Children at Play’ signs along the road near the driveway entrance. Mr. Sawich explained that addressing both of these issues would help mitigate the danger/ safety concerns of the Board regarding traffic pulling out of the driveway and onto West Street; and 3) The number of vehicles present in the driveway at any time shouldn’t be a problem as this is a drop-off service and most clients will only be there for a few minutes. Mrs. Hendrick stated she understands the Boards’ concerns regarding these three issues and has already begun to address some of them. She mentioned she has already cleared the vegetation near the driveway entrance and ordered the ‘Children at Play’ signs. Mrs. Hendrick was questioned about the description and size of the ‘Children at Play’ signs. She responded that she ordered two (2) large, yellow,
‘Children at Play’ signs and plans on posting them on large trees in her yard or on a nearby telephone pole. Mr. Burnside suggested that the signs be put on steel poles and recommended to Mrs. Hendrick that she contact the road agent regarding the siting and location where the signs should be properly placed. Mr. Vasques added that it is illegal to put up signs on public utility poles. Mrs. Hendrick asked if she needs to contact the road agent herself or if he would contact her. Mr. Burnside told her she would need to contact the road agent herself and stated that she should make sure the signs she ordered are NH DOT approved. Mr. Hendrick asked if the road agent is going to decide where the signs will be placed and the town is
requiring them to be NH DOT approved, then is it the town’s responsibility to pay for the signs and their placement? Chairman Edwards replied no explaining that the need for the signs is due to her proposed service in the first place. Mr. Burnside told Ms. Hendrick that she should also ask the road agent if he has any old or used ‘Children at Play’ signs already in stock. Mr. Vasques asked the Board to revise the text of conditional approval item # 3 of the suggested motion to include a statement saying that the installation of the NH DOT approved signs will be coordinated with the Town’s road agent.
Chairman Edwards asked Mrs. Hendrick if she had any other questions, she stated no. Chairman Edwards closed the public meeting, opened the public hearing, and asked 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. Edwards reviewed the suggested motion and asked about conditional approval item # 5, regarding the approval being for up to nine children despite the fact that she is only looking now to care for six children. Mr. Vasques explained that the reason the planning staff put in up to nine children is because the state license she is acquiring allows her to care for up to nine children. Ms. Wasserloos added that her state license allows up to nine children to be
cared for if there is an assistant to help out. The Board agreed that the text of conditional approval item # 5 is fine the way it is. Mr. Edwards mentioned that the parking issue was not addressed in any of the conditional approval items as the major concern was backing out of the driveway with a vehicle and that these safety/ danger issues have been addressed under other conditional approval items. Mr. Edwards asked for a motion regarding the suggested motion. Mr. Vasques advised Mr. Edwards to read aloud the suggested motion and the associated six (6) conditional approval items so that the Board and applicants are clear on what is being approved and what the conditional approval items are. Mr. Edwards read aloud the suggested motion and conditional approvals.
Mr. Sawich moved to approve the application of Christopher & Lisa Hendrick, File # 2006-14B, for a Home Occupation at property located at 74 West Street, Antrim, NH 03440 Tax Map 1C, Lot 3 located in the Rural District. The applicant proposes to expand an existing day care center.
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 20, 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.
3. The applicant shall install “Children at Play” caution signs on West Street at both
sides of their property and at the applicant’s expense. The signs are to be NH DOT approved signs and the installation and placement of the signs is to be coordinated with the road agent.
4. The applicant shall trim back the shrubbery along the edge of West Street across
the front of their property to improve the line of sight when exiting the parking area.
5. The approval is granted for the care of up to nine children. Expansion of care for
more than nine children shall require a rehearing before the Planning Board.
6. Repairs and improvements as noted in the Building Inspector’s report dated July
10, 2006 are to be implemented within 30 days of this notice.
Mr. Haggett seconded the motion. Roll call vote: Mr. Anderson – aye, Mr. Rowehl – aye, Mrs. Wasserloos - aye, Mr. Snow – aye, Mr. Sawich – aye, Mr. Haggett – aye, Mr. Burnside – aye. The application of Christopher and Lisa Hendrick for a Home Occupation has been approved by the Board.
Koziell, Joe and Kathy - Conceptual Consultation:
Chairman Edwards opened the conceptual consultation on the request of Joe and Kathy Koziell for a Change of Use on property located at 4 Contoocook Valley Avenue, Antrim, NH 03440 Tax Map 1C, Lot 190 in the Village Business District. The applicant proposes to create a mixed use complex that is composed of multifamily housing (3 apartments [2 upstairs, 1 downstairs]) and an office space downstairs. The Koziells have asked to have this conceptual consultation meeting with the Board because they are confused on what they need to do legally with the town in order to finish building/ renovating this mixed use complex. Mr. Koziell explained that their confusion lies in the fact that they came into Town Hall to renew their Building Permit a couple of weeks ago and were told they need to go to the Planning Board for a site plan
review, and then they were later informed they actually need to go to the Board for a Change of Use. Mr. Koziell explained that the property in question was purchased in October 2002 and the first building permit was obtained in December 2002. Mr. Koziell explained that in December 2002 they went in front of the Board for a Change of Use to change the building from a business to a residential dwelling. He explained that the end goal of the building is to have a mixed use complex with multifamily housing and an office space. There will be two (2) apartments upstairs, one (1) apartment downstairs, and an office space downstairs. Mr. Koziell explained that right now there are two (2) apartments that have been completed/ renovated: one (1) upstairs and one (1) downstairs. He explained they are working on the 2nd upstairs apartment now, which will be the 3rd and final apartment completed.
Mr. Sawich asked to describe where the building is, what property it is, and what the layout of the building is. Mr. Koziell presented a plan to the board showing the layout of the building on the parcel with distances and areas. Mr. Haggett summarized the proposed renovation project by clarifying that there will be two (2) 1500 square foot apartments on the 2nd floor, one (1) 900 square foot apartment on the 1st floor, and one (1) 900 square foot professional office space on the 1st floor. Mr. Koziell confirmed that this is true and stated that the professional office space will not be retail and may be made up of more than one business and that the remainder of the first floor will be used for storage space. Mr. Haggett asked Mr. Koziell if the building is served by town water, he
said yes. Mr. Edwards asked about the septic system and if it has been approved for this type of operation. Mr. Koziell stated that a new septic design system had been approved by NH DES in 2004, designed for use by three (3) 2-bedroom apartments and one office. Mr. Sawich asked about the parking availability at the site, Mr. Koziell explained that there is plenty of parking available in front and in back for many vehicles, potentially up to 100 cars. Mr. Edwards asked if the loading dock will be retained, Mr. Koziell said yes but that it probably won’t be used. Mr. Haggett asked what the size of the lot is, Mr. Koziell replied 1.57 acres and added that the footprint of the building on the lot won’t change. Mr. Edwards asked Mr. Koziell to locate the septic system location on the plan, he does. Mr. Sawich asked if the floor plan was designed by an architect, Mr. Koziell said no but has been tailoring the apartments for upscale,
professional individuals. Mr. Sawich asked if the building and renovations meet the fire requirements and standards, Mr. Koziell said yes and that the Antrim Fire Chief and Building Inspector have both walked the site and have seen the recent renovations. He added that the insurance agent also has walked it and said that the building is fine. The Board asked what the building was like when they first bought it, Mr. Koziell replied that originally there was a very rough apartment downstairs, the entire upstairs was vacant with old office, and the rest of the downstairs was a large warehouse. Mr. Haggett asked if the Building Inspector has raised any questions or concerns about their plans to do a mixed use building. Mr. Koziell said no and that anything the Building Inspector suggested to do, they have already done.
At this time the Board asked Mr. Vasques about what the proper steps are to be taken to resolve the issue. Mr. Vasques started by explaining the history of events that have lead up to the current situation. He explained that the building was bought by the Koziells in 2002, a building permit was obtained to renovate the downstairs apartment, and they went to the Board for a change of use to change the building from a business/ commercial use to a residential use. A 2nd apartment was then built upstairs and approved as a conversion apartment on the 2nd floor. Now, the Koziells want to create a third apartment, which makes the building enter into the multifamily dwelling category. All multifamily dwellings require a site plan review. Furthermore, in addition to the 3rd
apartment, the Koziells also want to establish a professional office which is a commercial use and also requires a site plan review. One issue is that multifamily dwellings are only permitted on town water & sewer based on a March 2005 change to the zoning ordinance. Mr. Koziell said that they had an approved septic system design to support three two-bedroom apartments and an office and since the design was approved in 2004, before the ordinance change, would they be bound by the 2005 ordinance amendment. Mr. Vasques believed that the applicant would have to abide by the current zoning or request a variance to permit a multi family unit on a private septic system; however; he felt it was a legal technicality and felt that he should seek advice of counsel. The consensus was that he does so and advises the Koziells of the proper course of action to be followed. Mr. Vasques explained that even if the Zoning Board did grant a variance for the private septic system, the
applicant would still have to apply to the Planning Board for a site plan review for multi family housing.
Mr. Edwards asked if it is the intent of the applicant to keep the current, approved septic system design in place, until or unless it fails. Mr. Koziell says they plan on keeping this septic system in place as it is rated to handle more individuals than what it is being used for now. Mr. Edwards asked the Koziells if they had any more questions, they responded no and said they would wait to hear from Mr. Vasques on what they need to do.
Administrative/ Approve Planning Board Minutes: The Board reviewed the July 20, 2006 Planning Board Meeting Minutes and made some corrections. Mr. Sawich made a motion to approve the minutes of the July 20th meeting as corrected which was seconded by Mr. Snow and unanimously passed.
Master Plan: The next Master Plan meeting is scheduled for August 8th. It is expected that the first draft of sections will be available. Mr. Sawich advised the Board about the first meeting of the Rt. 9 Study Committee and what was decided. He explained that the committee has decided to essentially be a subcommittee of the Master Plan committee that will work with Ron Haggett on the future land use chapter of the updated Master Plan. On August 24, 2006 the Master Plan Committee is holding the public Land Use Forum which should help determine the direction the town will go in terms of future land use. After this is determined and the future land use chapter of the updated Master Plan has been completed, the subcommittee will then work on specifics like the Route 9 corridor and potentially
rezoning it depending on the vision and recommendations laid out in the updated Master Plan. Mr. Edwards asked if the subcommittee should be called a ‘Land Use Committee’ instead, but after some discussion, it was decided that the name ‘Rt. 9 Study Committee’ is better as it reminds everyone that its creation and purpose is to address the Route 9 corridor.
Correspondence/ Lot Mergers – Advice from Town Counsel: Mr. Vasques advised the Board that the Town of Antrim just received a letter from Town Counsel (Upton and Hatfield) regarding the issue of the Russell lot merger creating a lot that is more conforming to the current zoning ordinances but is technically still not large enough to be of a legal lot size for this zoning district. Town Counsel stated that because the existing, non-conforming lots already existed, the lot merger will not ‘create a violation’ of then – current ordinances or regulations and will essentially result in one lot that is more conforming to current zoning ordinances and regulations. Town Counsel sees no reason to impede the approved lot merger
Correspondence/ Henniker Cell Tower Public Hearing: Mr. Vasques advised the Board that the Town of Henniker, NH has just posted a notice of public hearing regarding a telecommunications site plan review for Cingular Wireless to add up to 6 panel antennas to the existing cell tower, an equipment shelter, and a LP Gas system to the compound for property located on 24 Flanders Road in Henniker. The public hearing will be held on Wednesday, August 9, 2006 at 7:00 PM at the Henniker Town Hall.
Correspondence/ 2006 NH OEP Fall Planning and Zoning Conference: Mr. Vasques advised the Board about a Fall Planning and Zoning Conference that is being put on by the New Hampshire Office of Energy and Planning (OEP) in the Waterville Valley on Saturday, October 28, 2006. Mr. Vasques explained that the Town has funds to pay for the PB members to attend if they so desire and provided the members with the registration and contact information.
Correspondence/ SWRPC Letter – NH’s 10-Year Transportation Improvement Program: Mr. Vasques distributed a letter from Southwest Region Planning Commission which outlined their recommendation to NHDOT for the 2009-2018 Transportation Improvement Projects.
Mr. Haggett moved that the meeting be adjourned. Mr. Anderson seconded the motion which passed. Mr. Edwards adjourned the meeting at 9:15 PM.
Respectfully submitted,
Bradley J. Houseworth, Planning Technician
Antrim Planning Board
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