ANTRIM PLANNING BOARD
Minutes of the January 4, 2007 Board Meeting
Members & Staff Present:
Fred Anderson Scott Burnside Bob Edwards Mike Genest Joseph Koziell Andrew Robblee Renee Rabideau Ed Rowehl Brian Sawich Alex Snow Paul Vasques
Amy Dillon, SWRPC
Members and Staff Absent:
Mary Allen Bradley Houseworth Kathi Wasserloos
Public Attendees:
Karen O’Rourke, PE Bob Pace, Jr. Lisa Stewart
Kris Stewart
Chairman Edwards opened the meeting at 7:00 PM stating that it would be necessary for him to recuse himself for the meetings with Torino Development and Zeke & Mack’s Realty and he appointed Mr. Koziell to sit for him on these two matters. He introduced Ms. Amy Dillon as the Planning Board Assistance Program representative from SWRPC.
Minutes: Mr. Sawich moved to approve the minutes of the December 7, 2006 meeting as presented. Mr. Robblee seconded the motion which passed.
Redneck Bar & Grill: Members reviewed a memo from the Town Planner conveying the approval of the Fire Chief which granted Redneck’s permission to operate for 90 days. The Fire Chief’s memo outlines corrective measures which are required within the 90-day period. Members were also presented with a letter to Mr. Wheeler, the owner of Rednecks, advising him that he is required to appear before the Planning Board for a site plan review on February 1, 2007. Mr. Genest pointed out that in the case of Redneck’s, and other downtown establishments, it would be difficult to enforce the existing parking lot ordinance. The consensus of the members was that Article XV Off-Street Parking; Loading & Unloading Regulations should be reviewed and possibly revised to take into account the limited
parking facilities in the downtown area.
Mighty Oaks Realty, LLC File # 2005-03PB: Members reviewed a letter to Ocean National Bank dated December 18, 2006 allowing the letter of credit for road construction to be reduced to $270,642.57.
Steele Pond Development, LLC File # 2006-22PB: NHDES Approval for Subdivision #SA2006007660 was entered in the record.
Tyler’s Small Engines File # 2006-16PB: Members reviewed NHDES Wetlands and Non-Site Specific Permit #2006-02662 granted to Mr. Tyler to construct a driveway onto his property off Elm Street. Mr. Edwards asked if there was any more oversight from the Board or other town official. Mr. Vasques stated that Mr. Tyler would be required to obtain a driveway permit from the Road Agent. The Board would have no jurisdiction as long as Mr. Tyler adhered to the conditions in the DES permit. The Board could become involved if Mr. Tyler did not adhere to any conditions applied to his site plan review.
Carbon Coalition: Mr. Vasques presented documentation at the request of Mr. Houseworth regarding a petition for a warrant article for a “New Hampshire Climate Change Resolution”. Mr. Vasques advised the members that a sufficient number of registered voters had signed a petition for a warrant article and Mr. Genest confirmed that the warrant article will be placed before Town Meeting.
Capital Improvement Plan: Mr. Snow advised members that the CIP was finalized and under review by the Town Administrator. He has scheduled a presentation to the Board on January 18, 2007 following the public hearing on ordinance and regulations changes. The Board of Selectmen has been invited to attend the presentation. Mr. Snow will provide Mr. Edwards with the data before the meeting.
Master Plan: Members were advised that the consultants have completed their review of the Master Plan and Ms. Taylor was in the process of editing and compiling a draft of the complete plan. Ms. Taylor is planning a meeting to review the draft in early February.
Torino Development Co., LLC: File # 2006-23PB: Mr. Edwards announced the continuance of the public meeting on the application of Torino Development Co., LLC for a cluster housing subdivision. He had the members introduce themselves, recused himself and asked Mr. Sawich to assume the Chair. Mr. Sawich asked the Town Planner for a status report on the application. Mr. Vasques stated that he, Mr. Houseworth and Ms. Rabideau had reviewed revised drawings dated December 22, 2006. The review indicated that the proposed subdivision did not meet the minimum lot size requirement according to the Wetland and Steep Slope District overlays; therefore, the Board could not continue hearing the application as the request was not a permitted use. He added that if the applicant wished to pursue a proposal that did not comply
with the ordinance, it would be necessary for him to appeal to the Zoning Board of Adjustment for an area variance. Mr. Vasques also advised the Board that it would not be prudent to continue tabling a decision to accept or not accept the application as the 30-day period required by the RSA had already been extended twice. Based on non-compliance with the ordinance, deficiencies in the drawings submitted and the absence of information required by the regulations, Mr. Vasques recommended that the application not be accepted. Mr. Sawich felt that before a motion is made to accept or not accept the application, the applicant should be given the opportunity to address the Board.
Ms. O’Rourke of Brown Engineering stated that it was their intent to appeal to the ZBA; however, they were looking for direction that is more specific from the Planning Board as to what the members would like to see in a cluster housing development. She felt that perhaps criteria for such items as road frontage could be given. What the applicant was looking for was guidance since the Board had a great deal of discretion in determining the configuration of a cluster housing development. Ms. Brown said that the applicant felt that the cluster development, as presented, met the intent of the cluster-housing ordinance even if it did not comply with the overlay districts. She asked if the Board would recommend to the ZBA the development as proposed. Mr. Vasques felt that beyond noting that cluster housing developments
were encouraged in the Master Plan, it would not be prudent to recommend in favor or against the proposal as they had not had an opportunity to view a cluster development based on the ordinance. Mr. Burnside pointed out that the Master Plan also encourages commercial development and the parcel in question was in the Highway Business District. Mr. Genest commented that yes, the parcel of land in question did lend itself to a cluster housing development but he would not go beyond that. Mr. Sawich asked what course of action the applicant would pursue if the appeal to the ZBA were denied. Ms. Brown speculated that they would present a nine-lot cluster subdivision but they were not sure. They would have to take another look at the cost of constructing a road versus the lot yield for cost effectiveness. Mr. Rowehl made the following motion:
“Move to not accept the application of Torino Development Co., LLC File # 2006-23PB for a cluster housing subdivision of property located off Route 202 Antrim, NH, Tax Map 7 Lot 102-1 located in the Highway Business District. The applicant proposes to subdivide the property into nine building lots and a tenth lot designated as open space. The basis for non-acceptance is that the cluster housing subdivision as proposed does not meet the minimum lot size requirements as stipulated in the Wetland and Steep Slope Overlay Districts of the Antrim Zoning Ordinance and the Planning Board does not have the authority to waive a zoning ordinance requirement. In addition, a number of the items on the checklist of subdivision requirements for submittal have not been met; hence, the application is significantly incomplete.”
Mr. Robblee seconded the motion. Roll call vote: Mr. Anderson – aye, Mr. Rowehl – aye, Mr. Genest – aye, Mr. Burnside – abstains, Mr. Robblee – aye, Mr. Koziell – aye. The motion passed. Mr. Vasques suggested that the applicant review the documentation to be presented to the ZBA before an application is formally filed.
Zeke & Mack’s Realty, LLC: File # 2006-11PB: Mr. Sawich opened the public meeting on the request of Zeke & Mack’s Realty, LLC which had received conditional approval to operate an excavation site on property designated as Map 8A, Lot 23 off of Elm Avenue. The Town Planner provided members with a copy of the Conditional Approval which indicated that all conditions had been met with the exception of establishing a bond amount for the reclamation of the site. The Town had requested an estimate for reclamation from Quantum Construction which came in at $30,830 per acre. An estimate was also obtained from Landsite Corp. which was $3,927 per acre. The applicant had supplied documentation of bonding from five other towns in which they operate excavation sites. The cost per acre ranged from
$2,500 to $7,000 with an average of $3, 753 per acre. Members questioned why Quantum’s report was significantly higher. Mr. Burnside said that Quantum’s requirement to establish a 3:1 grade was not logical because that is not the way in which an excavation site is worked. Also, fine grading of the floor pit is not required. Mr. Stewart also explained that NH DOT specification #646 – Turf Establishment does not call for loam and they have successfully reclaimed their sites with sand, mulch and fertilizer. When the cost of these factors was removed from Quantum’s estimate, their cost to reclaim came to about $6,600 per acre. Mr. Genest made a motion to set the bond at $4,000 per acre for 3.3 acres which was seconded by Mr. Robblee. Ms. Rabideau, an abutter and Mr. Burnside who had submitted a quote for reclamation abstained from voting. Roll call vote: Mr. Anderson – aye, Mr. Rowehl – aye, Mr. Genest – aye – Mr. Robblee – aye, Mr.
Koziell – aye. The motion passed. The next step would be to provide the Town Planner with the bond and to execute an Intent to Excavate with the Selectmen.
Proposed Ordinance and Regulation Changes for the 1st Public Hearing: Mr. Edwards resumed the Chair and members reviewed documentation for changes to ordinances and regulations which are scheduled for a public hearing on January 18, 2007. The following ordinance changes were proposed:
Definitions
Swimming pool setbacks
Criteria for Duplex Housing: Supplemental regulations
Accessory Living Units: Special Exceptions
Minimum lot size for duplex housing
Criteria for Home Based Business
The following changes to the Subdivision and Site Plan Review Regulations were proposed.
Remove requirement for a note on the plat noting conditions of approval
Establish a time frame within which conditions of approval must be met.
Road Acceptance policy
Seven-day requirement for drawings and information
Procedure for the acceptance of an application
Recording of plats
Some minor changes were made in the wording. It was suggested that the staff design a permit for Home Based Business and a certificate of Occupancy form to be used for commercial establishments. Mr. Vasques explained that the public hearing had been advertised in the January 4th edition of the Villager and would be advertised in the January 11th edition of the NH Contender.
A brief discussion was held reminding the members that Mr. Rowehl and Mr. Anderson would not be running for their seats in the March election and the deadline was approaching for candidates to sign up.
Mr. Genest moved that the meeting be adjourned. Mr. Anderson seconded the motion which passed. Mr. Edwards adjourned the meeting at 9:25 PM.
Respectfully submitted,
Paul L. Vasques, Town Planner
Antrim Planning Board
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