Town of Antrim, NH - Planning Board Minutes 10/05/06

Planning Board Minutes 10/05/06

ANTRIM PLANNING BOARD

Minutes of the October 5, 2006 Meeting

Members & Staff Present:

Mary Allen	Bob Edwards	Bradley Houseworth
Renee Rabideau	Ed Rowehl	Alex Snow
Paul Vasques	Kathi Wasserloos

Members & Staff absent:

Fred Anderson	Scott Burnside	Mike Genest
Andrew Robblee	Brian Sawich

Public Attendees:

Norman E. Cody	Joe Koziell	Kathy Koziell
Peter Mellen, LLS	Brett Murdough	Darrell S. Murdough, Jr.
Mark Murdough	Scott Murdough

The members convened at 7:00 PM and reviewed the documentation on the agenda prior to the start of the meeting. Chairman Edwards called the meeting to order at 7:30 PM and appointed Ms. Allen to sit for Mr. Burnside, Mr. Snow to sit for Mr. Anderson, and Ms. Wasserloos to sit for Mr. Robblee. Ms. Rabideau recused herself from the three public meetings scheduled for this evening. Chairman Edwards asked the Board to introduce themselves and explained the procedure of the public meetings.

Cody, Norman E. and Joyce G. File # 2006-18PB: Chairman Edwards opened the public meeting at 7:33 PM on the request of Norman E. & Joyce G. Cody for a Minor Subdivision. The applicants propose to subdivide property on 60 Meeting House Hill Road and Clinton Road, Antrim, NH, Tax Map 5, Lot 125 in the Rural District into two (2) lots. Chairman Edwards asked the applicants to explain their proposal. Mr. Mellen, acting as agent for the applicants, explained that the proposed property is located between Clinton Road (Rt. 31) and Meetinghouse Hill Road, just north of the Grange where the two roads come together, and stated that the total acreage of the lot is twenty one and a half (21.5) acres. He explained that there is an existing house on the property, where the Cody’s reside, which is accessed from Meetinghouse Hill Road, which is a class six (6) road that is maintained by local landowners. Mr. Mellen explained that the applicant is proposing to create a new lot, six (6) acres in size, utilizing frontage on Clinton Road. He stated that this new lot would be accessed from Clinton Road and the remaining 15.5 acres would continue to be accessed from Meetinghouse Hill Road.

Mr. Mellen stated that the applicants are requesting a waiver to the requirement of the Antrim Subdivision and Site Plan Review Regulations, section B.3a (18), as it pertains to the two lots: Tax Map 5, Lot 125 and Lot 125-1. He stated that section B.3a of the Antrim Subdivision and Site Plan Review Regulations requires that, “The existing grades, drainage systems and topographical contours at intervals not exceeding five (5) feet, with spot elevations where the grade is less than two (2) percent…,” be identified on the two parcels. Mr. Mellen provided a copy of the written waiver request to the Board and explained that typically the purpose of showing the existing grades of a proposed lot is to ensure that the lot is a build-able lot. He stated that this would be redundant for Lot 125 because it is the site of an existing house and is therefore a build-able lot. He stated that the proposed lot, Lot 125-1, contains approximately 210,476 square feet of contiguous upland, which exceeds the area requirements in Article XI.F.1. and Article X.E.1. of the Antrim Zoning Ordinances by nearly 145 percent. Mr. Mellen explained that the wetlands have been delineated on the entire proposed parcel, Lot 125-1, and stated that there is an existing gravel driveway, with a fifteen (15) inch culvert which crosses a wetland, that allows access onto the lot from Clinton Road. He explained that there is a note on the plan stating that a driveway permit was issued by the Antrim Department of Transportation for this existing gravel driveway. Mr. Mellen stated that this is the reason the applicants are requesting a waiver for the required topographical survey on Lot 125-1 and suggested to the Board that if they are uncertain about whether to grant the waiver, perhaps a site walk would be helpful.

Mr. Mellen reviewed the reports from the various Town Departments regarding this application and stated that the only one that seemed to raise an issue was from the conservation commission, which recommended that the wetland buffer along Route 31 be increased or a note be provided on the plan indicating that Lot 125-1 shall not be further subdivided in accordance with the Antrim Conservation Commission’s Natural Resource Benefits policy. Mr. Mellen explained that Mr. Cody has agreed to put such a note on the plan stating that Lot 125-1 shall not be further subdivided.

Chairman Edwards asked the Board if they have any questions for Mr. Mellen regarding the proposal. Mr. Rowehl stated to the Board that there is an existing driveway so the Board doesn’t need to be concerned with any wetland crossings or it being within the twenty-five (25) foot wetland buffer zone.

Ms. Allen asked Mr. Mellen to describe the existing gravel drive on the six (6) acre lot and asked him how wide it is, how much gravel is on it, and is it a pretty good drive over a culvert? Mr. Mellen explained that from what he has been told, the driveway was put in when the applicants were initially building their home before Meetinghouse Hill Road was upgraded. He explained that it hasn’t been used for a number of years and it is kind of grown in. Mr. Cody stated that it hasn’t been used for eighteen (18) years and it was originally created to provide a short cut to the house to supply power. Mr. Cody explained that the existing driveway is the pull-off on Route 31, everyone uses it to turn around, and it was created by NH DOT. Ms. Allen stated that her question regarding the existing gravel driveway is whether or not a lot of work will need to be done to the driveway in order for it to be usable for a home. She stated that she was familiar with what it looked like fifteen (15) years ago but it looks like it has grown up a bit since then and remembers that there was a substantial amount of gravel on it at that point. Chairman Edwards stated that he is not sure that the status of the driveway is an issue that the Board should be concerned with because it is an existing drive and already established. Ms. Allen stated that the reason she was inquiring about the status of the road is that if it has grown in quite a bit and in order to make it useable for a home work needs to be conducted on it within the wetland buffer zone, then that may change the way the Board addresses the conservation commission’s recommendation regarding this application and she suggested that a site walk would help clear up the current status of the drive. Mr. Mellen replied stating that there was substantial blow down across the drive when they began their survey work on the project and it has grown up quite a bit so some vegetation would probably need to be removed. He also stated that they did clear enough out on the road so that they could use the drive to access the property, rather than cross the wetland, and suggested that perhaps a site walk would clarify the condition of this drive.

Chairman Edwards asked Mr. Vasques to review the rest of the reports from the various Town Departments. Mr. Vasques stated that the Road agent has suggested in his report that the Board be sure that anybody whom may purchase the lot understand that Meetinghouse Hill Road is a class six (6) road which is not maintained. Chairman Edwards stated that there is a note on the plan disclosing that Meetinghouse Hill Road is a class six (6) road. Mr. Mellen concurred and added that at this point Mr. Cody lives on this lot and isn’t planning on selling this lot. Chairman Edwards agreed but stated that there was an agreement many years ago regarding what responsibilities the Town has to Mr. Cody when he elected to build on this lot and believes that this was also noted on the plan. Mr. Vasques explained that the Police Chief and Building Inspector reports stated that they have no issues with this proposal.

Mr. Vasques reviewed the checklist with the Board, addressing the items on the checklist that were deemed by the planning staff to be incomplete or not satisfied. After reviewing the checklist, Mr. Vasques stated that the only thing that the planning staff didn’t get back was a formal report from the Fire Chief regarding this proposal. Mr. Vasques stated that he did speak with the Fire Chief and he looked at the plan and stated that this proposal would not be a problem because he could take care of the new lot from Clinton Road with a tanker. The Board asked the planning staff to get his report in writing so that it can be kept on file.

Chairman Edwards asked the Board if they feel sufficient information has been provided for the Board to make an informed decision and accept the application, several members stated yes. Mr. Snow made a motion to accept the application of Norman E. & Joyce G. Cody, File # 2006-18PB for a minor subdivision of property located at 60 Meeting House Hill Road and Clinton Road, Antrim, NH, Tax Map 5, Lot 125 located in the Rural District into two (2) lots, which was seconded by Mr. Rowehl. Roll call vote: Mr. Rowehl – aye, Mr. Snow – aye, Ms. Wasserloos - aye, and Ms. Allen –aye. The application was formally accepted by the Board. Chairman Edwards closed the public meeting and opened the public hearing.

Chairman Edwards asked if there were any abutters present that wanted to speak in favor or against the proposed activity, no one answered. Chairman Edwards closed the public hearing at 8:00 pm and the Board deliberated amongst themselves. The Board and applicant agreed to schedule a site walk for Tuesday, October 10, 2006 at 5:00 PM and agreed to meet at the turn-off on Route 31 (the existing driveway). Chairman Edwards continued the public meeting to Thursday, October 19, 2006 at 7:00 PM, after the Board conducts the site walk, and thanked Mr. Cody and Mr. Mellen.

Murdough, Estate of Darrell S. File # 2006-19PB: Chairman Edwards opened the public meeting on the request of the Estate of Darrell S. Murdough for a Minor Subdivision. The applicants propose to subdivide property on 22 Old Turnpike Road, Antrim, NH, Tax Map 7, Lot 44 in the Highway Business and Rural Districts into two (2) lots. Chairman Edwards asked Mr. Vasques to read aloud the public meeting notice regarding this application. Mr. Rowehl asked the planning staff if all of the notices that were sent out to the abutters were acknowledged and returned. Mr. Vasques replied yes, all of them with the exception of Michael and Gloriann Dugan, Susan Micheals, and Fairfield and Dorothy Whiting, whom received the notice but did not return the receipt. Chairman Edwards asked the applicants to explain their proposal.

Mr. Mellen, acting as agent for the applicants, explained that the proposed property is located on Old Turnpike Road and is the second house on the left heading north on Old Turnpike Road, after turning off of Rt. 202. He stated that the property is thirty-six (36) acres and the applicant is proposing to create a three (3) acre lot around the existing house on the property. He stated that this proposed lot would encompass 3.37 acres and have almost four hundred and seven (407) feet of road frontage and the remaining lot would encompass just under thirty three (33) acres and have approximately seventeen hundred (1700) feet of road frontage. Mr. Mellen explained that there is a Public Service of New Hampshire Easement that crosses through the property and the centerline of this easement is the boundary line between the Highway Business Zoning District and the Rural Zoning District. He stated that his firm has conducted a topographic survey on the ground and delineated the wetlands of the proposed lot. He also explained that because the proposed lot is less than five (5) acres, the applicants have submitted an application to the state for subdivision approval for the new lot.

Mr. Mellen explained that he is requesting a waiver, pertaining to the thirty three (33) acre lot (Lot 44-1) for the following four (4) requirement items: 1) B.3.a(11) Location of wetlands and one hundred year flood elevation line, 2) B.3.a(12) Location of waterbodies, streams, rock ledges, cemeteries, drainage ditches, and bridges if applicable or a note if there are none, 3) B.3.a(18) The existing grades, drainage systems and topographical contours at intervals not exceeding five (5) feet, with spot elevations where the grade is less than two (2) percent…, 4) B.3.b(4) Approval of the New Hampshire Department of Transportation or the Antrim Road Agent for any required driveway permits or curb cuts. He stated that the basis for this waiver request is that the property is currently owned by the Estate of the late Darrell S. Murdough and the heirs are his five sons, none of whom has an interest in occupying the present dwelling on the property, Lot 44. He explained that the intent of this subdivision is to create a lot around the house so that the heirs can sell it and keep the remainder of the thirty three (33) acre lot, Lot 44-1, in the estate at this time. He stated that since there are currently no plans to subdivide or construct a dwelling on the remaining lot (Lot 44-1), requiring the applicant to provide the above highlighted information would constitute an unreasonable financial burden. Mr. Mellen assured the Board, having conducted a perimeter survey of the entire property, that the remaining thirty three (33) acre lot, Lot 44-1, does contain sufficient upland and suitable soils to meet the Town’s requirements for a build-able lot. He also stated that in the past the Antrim Planning Board has made it a condition of approval that the above items be required prior to the approval of a further subdivision of Lot 44-1, and the applicants ask the Board to consider a similar possibility for this application.

Mr. Vasques asked the Board if the written letter waiver request is sufficient to assure them that Lot 44-1 is a build-able lot or does the Board want a note on the plan to that affect? Mr. Vasques stated that another option would be a letter from Mr. Mellen stating that Lot 44-1 is a build-able lot with his certified surveyor’s stamp on the plan. Chairman Edwards stated that he would be more comfortable with a statement on the plan. Mr. Vasques explained that whether or not the Board requires the delineation of the wetlands on the thirty three (33) acre lot is a judgment call for the Board but to be consistent the Board usually doesn’t want a plan to be registered that doesn’t clearly state that the remaining lot is a build-able lot. Chairman Edwards asked Mr. Mellen if he would have any issue transferring the language in the waiver request into a note on the plan stating that he assures that there is enough contiguous uplands to make it a build-able lot, he replied that he isn’t against it but would have to put some thought into how he would word it.

Ms. Allen mentioned that on a previous application, the Chauncey minor subdivision, the Board required the applicant to have the wetlands sketched on to the plan, a site walk was conducted, and the Board required a note on the plan to assure that there was enough contiguous upland area to constitute a build-able lot. Ms. Allen stated that she thinks the Board needs to be consistent and that if the Board required these things on a previous application that is very similar to this one, then the Board needs to require it for this one. Mr. Snow stated that the Board just wants to be sure that it is a build-able lot and because there are some wetlands on the proposed three (3) acre lot, then there may be more on the remaining thirty three (33) acre lot. Mr. Snow asked Mr. Mellen if it would be hard to sketch the wetlands in on the plan. Mr. Mellen replied that he wouldn’t put anything on the plans that is a sketch and then record the plan at the registry of deeds because that is a dangerous thing to do; he stated he is not in the business of sketching things on plans. He stated that if the Board requires more assurance that it is a build-able lot beyond conducting a site walk and requiring a note on the plan stating that there is sufficient area that meets the Town requirements to make Lot 44-1 a build-able lot, then he would suggest that the Board require test pits to be dug to prove the soil is suitable for a septic system or require that topographical information be obtained on a portion of the property in order to prove that there is a sufficient amount of uplands to constitute a build-able lot under the current Antrim Zoning Ordinances. Mr. Mellen reiterated the fact that he thinks it is a difficult situation to put a certified wetlands scientist in, to ask them to sketch wetlands on a plan and stamp it; he stated he thinks it is a waste of time. After some discussion regarding what the Board will require to assure them that Lot 44-1 is a build-able lot, the Board decided to first conduct a site walk on the property and then make the judgment call later on as to what other actions may be required to assure that it is a build-able lot on the plan.

Chairman Edwards asked Mr. Vasques to review aloud the reports from the various Town Departments regarding concerns about this application. Mr. Vasques stated that the Conservation Commission report states that they have no problem because the subdivision of Lot 44 does not appear to impact jurisdictional wetland buffers. He stated that the rest of the reports from the Road Agent, Police Chief, and Building Inspector stated that they had no issues or problems with the proposed minor subdivision. Mr. Vasques stated that the planning staff didn’t get a formal report from the Fire Chief regarding this proposal.

Mr. Vasques reviewed the checklist with the Board, addressing the items on the checklist that were deemed by the planning staff to be incomplete or not satisfied. After reviewing the checklist, Chairman Edwards asked the Board if they feel sufficient information has been provided for the Board to make an informed decision and accept the application, several members stated yes. Mr. Snow made a motion to accept the application of the Estate of Darrell S. Murdough, File # 2006-19PB, for a minor subdivision of property located on 22 Old Turnpike Road, Antrim, NH, Tax Map 7, Lot 44 in the Highway Business and Rural Districts into two (2) lots, which was seconded by Ms. Allen. Roll call vote: Mr. Rowehl – aye, Mr. Snow – aye, Ms. Wasserloos - aye, and Ms. Allen –aye. The application was formally accepted by the Board. Chairman Edwards closed the public meeting and opened the public hearing.

Chairman Edwards continued the public meeting to Thursday, October 19, 2006 at 7:00 PM, after the Board conducts a site walk, and thanked the Mr. Mellen and the applicants.

Koziell, Joseph and Katherine File # 2006-20PB: Chairman Edwards opened the public meeting on the request of Joseph & Katherine Koziell for a Major Site Plan Review for property at 4 Contoocook Valley Ave., Antrim, NH, Map 1C Lot 190. The applicant proposes to construct three apartments and an office within the existing structure. Chairman Edwards asked Mr. Vasques to read aloud the public notice that was posted by the planning staff. Chairman Edwards asked Mr. Vasques if proper notice was filed and if all abutters’ receipts were returned. He replied that all receipts were returned with the exception of Betsy Wright and Douglas Cottle, who passed away recently. Chairman Edwards welcomed the applicants and asked them to present their application and proposal.

Mr. Koziell stated that based on a preliminary discussion that they have had with the Planning Board several weeks ago, they have since applied to the Antrim Zoning Board of Adjustment for a variance to have a multifamily dwelling in the Village Business District that is on the Town water system but not on the Town sewer system. Mr. Koziell explained that the Zoning Board of Adjustment did grant them the variance to construct a multifamily dwelling on a private septic system. He stated that they were in front of the Board for a major site plan review to have a multifamily dwelling unit with three residential apartments and one commercial office space. He explained that the building is the old ‘Seven Falcons’ building, which is located on 4 Contoocook Valley Avenue. He provided ‘before’ (2003) and ‘after’ (2006) pictures of the building to the Board and explained that a considerable amount of work has been done to the building to improve the structure and make it more visually pleasing.

Chairman Edwards asked Mr. Koziell to explain the status of the project and what the place will look like, in its entirety, at the end of the proposed project. Mr. Koziell explained that at the end of the day, the building will have four (4) units: three (3) apartments and one (1) office space. Ms. Koziell stated that the upstairs will be divided in half into two (2) two-bedroom apartments, each approximately fifteen hundred (1500) square feet in size; one of which they are currently living in and one which is barely under construction. She stated that downstairs will consist of one (1) nine hundred (900) square foot apartment, which is currently being rented, one (1) commercial office space approximately one thousand (1,000) square feet in size, and an area for personal storage. The applicants provided floor plans of the building to the members and helped orient them to the location of the building on the lot. Mr. Vasques asked the applicants if there is going to be just one office or is there a possibility that there could be three smaller offices instead. Mr. Koziell explained that it will just be one commercial office with one tenant; four (4) total units in the building, three (3) apartments and one (1) office. He stated that the septic system design has been based on these four units.

Chairman Edwards asked the applicants about the septic system and whether the new septic system design approved by NH DES clearly states that it is adequate to serve what the applicants are proposing to construct. Ms. Koziell replied absolutely and stated that it was done at Mr. Parson’s request a year and a half ago. Mr. Koziell explained that the septic system design already approved and kept on file was designed for three (3) two-bedroom apartments and one (1) office space and explained that the septic system is larger than necessary because one (1) of the apartments is only a one bedroom unit. Chairman Edwards asked when the new septic system design approval expires and if Mr. Parsons has a copy of the approval, Mr. Koziell stated that it will expire in December 2008 and explained that the Town and Mr. Parson both have copies of the approved septic system design plan. Mr. Vasques advised the Board of the Zoning Board of Adjustment’s notice of decision that included the following condition regarding the variance that was granted for this project:

The septic system shall be installed in accordance with the State of New Hampshire Department of Environmental Services approval for construction number CA2004068344 and Meridian Land Services, Inc. drawing dated October 20, 2004, Project # 6128.00.

Mr. Koziell explained that the State and NH DES don’t require that a new septic system be installed immediately upon approval, only if the existing system fails or is otherwise to be repaired or to be replaced. Chairman Edwards raised some concern about the existing septic system and questioned whether the Town should require that the new septic system be installed immediately upon completion of the project. Ms. Allen asked how old the existing septic system is, Ms. Koziell stated that it is approximately twenty (20) years old and was the original septic system put in when the building was constructed. Chairman Edwards stated that his primary concern is that the new septic system be installed before the approval from NH DES expires and Mr. Koziell agreed to install the new system before the approval expires (December 2008) or when the existing septic system fails, whichever occurs first. Chairman Edwards suggested making this issue a condition of the Board’s approval.

Ms. Allen asked what parking will be available and what the size of the parking area will be. Mr. Koziell stated that parking isn’t really an issue and they plan on creating about ten (10) parking spaces in the front of the building, the side facing Rt. 202. Chairman Edwards asked the applicants if it’s their intention to pave the parking area because he is concerned that if it was paved then we have to deal with drainage and stormwater runoff issues, Mr. Koziell replied no, they don’t plan on paving it, just having a gravel driveway. After some discussion among the Boards members, it was decided that ten (10) parking spaces would be enough to meet the local parking lot regulations and the needs of the tenants of the multifamily dwelling units and the office space. The Board stated that the parking area is one issue they would like to address during a site walk of the property.

Chairman Edwards asked the applicants if there will be any additional exterior lighting, Mr. Koziell replied that there will be no exterior parking lot lighting per say, nothing on a pole or parking lot lights, only recess lighting in the overheads and above the doors. Ms. Koziell stated that there are four (4) recess lights that are on motion sensors underneath the over hangs. Mr. Koziell added that there is a significant vegetation buffer between their lot and the neighbors.

Chairman Edwards asked Mr. Vasques to review aloud the reports from the various Town Departments regarding concerns about this application. Mr. Vasques stated both the Road Agent and Police Chief had no problems or issues with this proposal. He stated that the Building Inspector did report that the renovations to this point have been done well and the property greatly improved, but also recommended that the new septic system be installed and the sprinkler system be continued throughout the entire building. Mr. Koziell agreed to continue the sprinkler system throughout the building as they renovate the different units of the multifamily dwelling. Mr. Vasques explained that the conservation commission stated that they don’t believe there are any jurisdictional wetland issues on this lot so they don’t have any concerns regarding this proposal. Mr. Vasques stated that the planning staff didn’t get a formal report from the Fire Chief or the Water and Sewer Department regarding this proposal. Mr. Koziell stated that the Fire Chief has come down to their building, inspected it, and they had a conversation with him regarding where the sprinkler heads should be located.

Mr. Vasques reviewed the checklist with the Board, addressing the items on the checklist that were deemed by the planning staff to be incomplete or not satisfied. After reviewing the checklist, Chairman Edwards asked the Board if they feel sufficient information has been provided for the Board to make an informed decision and accept the application, several members stated yes. Mr. Snow made a motion to accept the application of Joseph & Katharine Koziell, File # 2006-20PB, for a major site plan review for property located on 4 Contoocook Valley Avenue, Antrim, NH (Tax Map 1C, Lot 190) located in the Village Business District, which was seconded by Mr. Rowehl. Roll call vote: Mr. Rowehl – aye, Mr. Snow – aye, Ms. Wasserloos - aye, and Ms. Allen –aye. The application was formally accepted. Chairman Edwards closed the public meeting and opened the public hearing.

Chairman Edwards asked if there were any abutters present that wanted to speak in favor or against the proposed activity, no one answered. Chairman Edwards closed the public hearing and the Board deliberated amongst themselves. The Board and applicant agreed to schedule a site walk for Friday, October 27, 2006 at 5:00 PM and agreed to meet at 4 Contoocook Valley Avenue. Mr. Koziell agreed to flag certain areas on the property, prior to the site walk, to visually show where the septic system and parking area will be located. Chairman Edwards continued the public meeting to Thursday, November 16, 2006 at 7:00 PM, after the Board conducts a site walk, and thanked the applicants for their time.

Administrative/Approve Planning Board Minutes: Ms. Rabideau rejoined the Board as an alternate member. Ms. Allen made a motion to approve the minutes of the September 21, 2006 meeting as corrected which was seconded by Mr. Rowehl and unanimously passed.

Tyler, James File # 2004-15PB – New Deed Not Issued for Annexation: Ms. Rabideau advised the Board that she has done some deed research regarding Mr. Tyler’s two lots that make up his commercial business, Tyler’s Small Engine, and stated that she could not find a deed annexing the two lots. She found a deed granting Lot 1C-166 to James E. Tyler (Book 5562, Page 1419) and a deed granting Lot 1C-167 to James E. & Rosemary Tyler (Book 7063, Page 1275) but she couldn’t find a deed merging the two lots. Ms. Rabideau is concerned for two reasons: 1) during the last Board meeting and the site walk at Tyler’s Small Engine, Mr. Tyler was specifically asked whether or not the two lots had been annexed together since the date of the subdivision plan and he replied yes; and 2) The Board approved a fifty (50) feet by fifty (50) feet parking area for rental trucks and trailers that essentially straddles these two lots that are not officially annexed together, which raises a number of issues. After some discussion, the Board decided to consult Town Counsel to find out what the options are for the Board to address this issue.

Forristall – Code Violation: Mr. Vasques advised the Board of a letter, dated October 2, 2006, from the Code Enforcement Officer, Jeff Parsons, to Mr. William R. Forristall regarding an inspection that was conducted on the property located at 45 West Street (Tax Map 1C, Lot 001). The inspection was a result of a First Notice letter mailed to Mr. Forristall on September 13, 2006 that cited the property for being in violation of Antrim’s Zoning Ordinances that prohibit the collection of unregistered cars, miscellaneous materials, etc. Mr. Parsons stated in this letter that at the latest inspection, Mr. Forristall was present and stated that he had only two (2) un-inspected vehicles left on the property, had removed about eighty percent (80 %) of the miscellaneous materials, and was in the process of selling his house. Mr. Parsons also stated that he is forwarding this letter to Diana Fenton, Town Prosecutor, to initiate a Notice of Violation and another fifteen (15) day timeline to bring the property into compliance and if nothing is done then the Notice will be forwarded to the Hillsborough County District Court.

Capital Improvement Plan (Status): Mr. Snow advised the Board that the planning staff will begin testing a software program, Plan-IT, to see if the Town wants to purchase it to use for generating all CIP reports.

Master Plan: Mr. Houseworth advised the Board that the next Master Plan meeting is scheduled for Tuesday, October 24, 2006 at 7:00 PM in the Antrim Town Hall. Mr. Vasques added that the next Route 9 Study Committee Meeting is scheduled for Wednesday, November 8, 2006 at 7:00 PM in the Antrim Town Hall.

Correspondence - 2006 NH OEP Fall Planning and Zoning Conference: Mr. Vasques reminded 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. The deadline to register is October 20, 2006 at 4 pm. The planning staff is working on reserving the Community Bus to use as transportation to the event.

Brissette – Code Violation: Mr. Vasques advised the Board of a letter, dated September 22, 2006, from the Code Enforcement Officer, Jeff Parsons, to Christopher and Susan Brissette regarding an inspection of property located off of Goodell Road, Map 1C, Lot 124, on September 5, 2006. During the inspection, Mr. Parsons observed the following violations: 1) Article XIV, F.4 – Supplemental Regulations – “No lot or premises shall be used as a storage area for junk automobiles, appliances, or the storage or collection of any other miscellaneous items…”; 2) RSA 236:92 prohibits the storage of more than one unregistered and uninspected motor vehicle.

Mr. Parsons required three actions in order to bring the property into compliance: 1) Remove the vehicles that are unregistered, or have them registered and inspected, 2) Remove the “miscellaneous materials,” frames, tires, etc, or create appropriate storage for the same, 3) Remove materials from the brush pile that are considered toxic, oil cans, etc. These issues must be addressed by Monday, October 9, 2006, and if not addressed, the case will be transferred to the Regional Prosecutor who will file a complaint at the Hillsborough County District Court.

TDS Equipment Cabinet – Agreement with Mr. Sudsbury: Mr. Vasques advised the Board of a letter dated September 29, 2006 sent to Mr. Gordon F. Sudsbury III by Mr. Greg Berry of TDS Telecom, planning to construct an equipment cabinet site on the easement located on Mr. Sudsbury’s property at 33 Gregg Lake Road in Antrim, NH 03440 (Tax Map 5, Lot 9). The Board had required that this letter to be sent to Mr. Sudsbury to let him know of what TDS was proposing. The letter stated that the location was reviewed by the owner of the property and TDS this past summer and the cabinets will be situated per their verbal agreement. The letter also stated that the first steps will be the installation of ground rods, removal of trees and brush, and the installation of the underground conduit, concrete pad, cabinets, and cables.

Policy for Site Plan Review: Mr. Vasques reminded the Board of a conversation they had at the last Board meeting regarding establishing a policy for dealing with applications that are considered a Change of Use and whether the Board can waive site plan reviews. After a lengthy discussion among the Board members, Ms. Allen made a motion that they must follow the regulations stating that all new commercial enterprises require a site plan review; change of use or not. The motion was seconded by Mr. Snow and unanimously passed.

Home Occupation vs. Home Based Businesses: Mr. Vasques reminded the Board of their assigned homework: to decide what supplemental regulations should apply to home occupations and which should apply to home based businesses. Mr. Houseworth provided the Board with a packet of home occupation ordinances from six (6) other towns in New Hampshire, as examples of how other towns are regulating home occupations and home based businesses. After some discussion, it was decided that the Board members would review the spreadsheet, supplemental regulations, and home occupation ordinances from other NH communities and get back to the staff with some recommendations.

Mr. Snow moved that the meeting be adjourned. Ms. Rabideau seconded the motion which unanimously passed. Mr. Edwards adjourned the meeting at 11:15 PM.

Respectfully submitted,

Bradley J. Houseworth, Planning Technician

Antrim Planning Board