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ANTRIM PLANNING BOARD
DRAFT
Minutes of the April 19, 2007 Board Meeting
Members & Staff Present:
Scott Burnside (Recused) |
Bob Edwards |
Bradley Houseworth |
Joseph Koziell |
Andrew Robblee |
Brian Sawich |
Stephen Schacht |
Alex Snow |
Christopher Stephenson (Recused) |
Paul Vasques |
Kathi Wasserloos |
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Members and Staff Absent:
Mary Allen
Public Attendees:
Julie Anderson |
Helena Bates |
Peter Beblowski |
Bruce Botelho |
Carol Botelho |
John Burnham |
Nancy Burnham |
Nate Chamberlin |
Alan Copley |
Laurie Demers |
Rick Edmunds |
Amy Edwards |
Jane Fluhr |
William Fluhr |
Michael Genest |
Bruce Gillespie |
John Gordon |
Susan Gordon |
Sam Harding |
Dave Kirkpatrick |
Lauren Kirkpatrick |
Phil Marrotte |
Tyson Opland |
David Phinney |
Marguerite Roberts |
Tom Roche |
Cory Stephenson |
Susan Ward |
Rod Zwirner |
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Chairman Sawich opened the public meeting at 7:30 PM, introduced himself and the Board, and outlined the procedure to be followed and the guidelines for speaking during the public hearing.
In-Ex Homes, LLC; File # 2007-02PB; Public Hearing for an Excavation Permit: Chairman Sawich opened the public hearing on the request of In-Ex Homes, LLC for a permit to operate an Earth Excavation Site for property located on Pleasant Street, Antrim, NH 03440 (Tax Map 1A, Lot 62) in the Rural District. The applicant proposes to operate an earth excavation site in order to prepare the site for a future residential development. Mr. Burnside recused himself because he is involved in the same business and Mr. Stephenson recused himself because he is an abutter. Chairman Sawich asked the applicant to present his proposal.
Mr. Chamberlin, Meridian Land Services, Inc., introduced himself and the owner of the property, Mr. Marrotte, and stated that they are in front of the Board to obtain an earth excavation permit on a back lot located on Pleasant Street (Map 1A, Lot 62), about a mile out of the downtown area, in the Rural District. He explained that the property is approximately thirty (30) acres, is an existing excavation site, and they are here to essentially reclaim the site. Mr. Chamberlin provided the Board with an excavation and reclamation plan and provided a short orientation of the site and plan, explaining some of the background information and the basics of the proposal. He explained that the existing excavation pit includes a portion of a large esker they partially removed, a pile of construction and demolition debris, a pile of
tree stumps, and steep slopes that were never reclaimed. He stated that their main objective is to excavate in the existing pit area, and in an area which was previously left untouched which includes another large esker, in order to prepare the site for a proposed six to eight lot residential development.
Mr. Chamberlin provided photos to the Board of the proposed excavation areas, which were taken April 18, 2007. He stated that they are trying to smooth out the first esker and ridge that Mr. Harriman left behind, near the back of the existing excavation area, and fill in the bottom of the existing pit with this material in order to make the area one continuous slope. He explained that they want to rehabilitate the site and they will not be digging very deep into the hillside. He stated that it is a minimal project in which they are taking out approximately seventy thousand (70,000) cubic yards of material and they would like to do it as fast as reasonably possible, which is estimated to be between six months to a year.
Mr. Marrotte stated that it should be six months to a year, at the maximum, in order to reshape the land, fix up what Mr. Harriman left, and prepare the site for building lots for a nice subdivision. He explained that now there is a lot of debris, evidence of people riding four wheelers and shooting guns, so they would like to get in there and clean it up. He stated that there is also an existing gravel access drive with a forty eight (48”) inch CMP culvert established by Mr. Harriman and an old dug well on the property line near a brook.
Mr. Chamberlin explained sheet 2 of the plan, showing the proposed excavation areas, and pointed out the proposed staging/parking area, loam stockpile areas, limit of clearing, and existing excavation area. He stated that the first esker and ridge at the back of the existing excavation area is approximately at a twenty (20%) percent slope and they plan on bringing the top of the ridge down by approximately ten (10) or fifteen (15) feet to help fill in the existing pit and smooth out the area. He explained that the deepest proposed cut is in the second esker, at the top of an existing knob near test borings B2 and B2A, and will be brought down approximately thirty (30) feet from three hundred and ten (310’) feet to two hundred and eighty (280’) feet. He stated that test boring B2A went down forty two (42’) feet
and the sand extends just below where the bottom of the proposed cut will be so a couple feet of sand should still be left after excavating, above the deeper layers of till. He explained that the knob really sticks out and then quickly slopes down hill to the brook and they have temporary sediment basins proposed at the toes of the two slopes in order to contain any storm water runoff. Mr. Chamberlin stated that he has posted some reclamation and excavation notes on the plan, such as the proposed hours of operation and the estimated number of trips to remove the material. He mentioned that they want to work with the Town regarding the proposed hours of operation and complete the project as quickly and neatly as possible. He stated that in regards to the safety concerns of traffic exiting onto Pleasant Street, they will monitor the situation and work with the police department and road agent to address any of their concerns. He stated that they would be
willing to change the proposed hours of operation to be in accordance to those proposed by the police department and the road agent in their letters and they basically want to smooth out the existing pit, take down the esker a bit, and clean up the piles of debris.
Chairman Sawich asked Mr. Houseworth to read aloud the public notice, which he did. Chairman Sawich asked if the public notice was properly advertised in the newspaper, Mr. Houseworth stated that it was advertised in the Thursday, April 5, 2007 NH Contender edition on page 5 and all abutters were notified, including those whom own a part of the common land in the Bryers Lane subdivision.
Chairman Sawich asked the Board members if they have any questions for the applicant. Mr. Edwards asked the applicant if they could convert the seventy thousand (70,000) cubic yards into an estimated number of total truck loads, assuming 10-20 cubic yard triaxle trucks are used. Mr. Chamberlin explained that assuming that the smallest truck is used, a ten (10) cubic yard triaxle truck, then approximately seven thousand (7,000) full truck loads would be required to remove the proposed seventy thousand (70,000) cubic yards. He stated that based on their assumptions of four (4) vehicle trips per hour, operating eight (8) hours a day, averaging thirty two (32) vehicle trips per day, then it would take a total of approximately two hundred and twenty (220) days to remove the material. Mr. Edwards stated that the applicant
mentioned that the excavation operations could last six months to one year, he asked what are the factors that make it go from a six month period to one year, double the original estimated time period. Mr. Marrotte explained that it depends on the conditions, the weather, the length of winter, etc. He stated that it depends how many cubic yards each truck takes and two hundred and twenty (220) days is more than seven months, not considering holidays or Sundays. Mr. Chamberlin explained that the four (4) vehicle trips per hour is just an estimate and he believes that it would be difficult to do anymore than four (4) vehicle trucks per hour on average.
Chairman Sawich asked the applicant if the rate of removal of the material is dependent on the ability to sell the product in the end. Mr. Marrotte replied no, and explained that Francestown Sand and Gravel will be operating the pit and taking a lot of the material and the Town of Hancock has also expressed interest in the material for their needs. He stated that they plan on moving the material very quickly but they also don’t want to put such an impact on the Town that all the residents hear all day long is trucks entering and exiting the site. Chairman Sawich stated that it seems that the selling of the material is not a constraint in terms of the removal of the material. Mr. Chamberlin agreed and stated that there are enough customers willing to take the material faster than they can remove it from the site.
Mr. Chamberlin explained that they are willing to work with the Road Agent to address his concerns, including walking the road with him, video taping the road before and after, and posting a road bond. Mr. Schacht stated that his concerns are in regards to the damages that will occur to Pleasant Street due to the heavy truck traffic. Mr. Chamberlin stated that he knows the condition of Pleasant Street is not in the best shape at the entrance of the site, but it does get better as the road goes into the downtown area. Mr. Schacht stated that he knows there were some issues with the logging tractor trailers turning from Pleasant Street onto Rt. 202/ Main Street and it seemed that they came close to taking some signs out due to that intersection. Mr. Schacht asked if the existing access drive will be improved while they
are conducting the excavation operations, in preparation of the future residential development. Mr. Marrotte stated that they would like to bring the existing access drive up to speed and Meridian has done a road design that will meet the requirements of the Town. Mr. Chamberlin explained that they would like to do it concurrent with the excavation operations because they want to develop the residential lots as soon as possible. He stated that they are proposing to do a cluster housing residential development, with a road that meets the Town’s Class V requirements, ending at a cul-de-sac, which would also include a new open bottom culvert as required by the NH Department of Environmental Services.
Chairman Sawich asked the applicant if they have any mitigation plans to buffer the neighbors from the excavation operation. Mr. Chamberlin stated that they really aren’t planning anything because there are a lot of vacant/ forested lots abutting the property and the closest neighbor seems to already be well screened with vegetation. He explained that they can certainly work with the Board to do whatever is desired, for instance putting up a fence or move the sedimentation basin back from the property line. Chairman Sawich asked Mr. Chamberlin to show the Board where the existing vegetation and tree line is on the plans. Mr. Chamberlin showed the Board the existing vegetation on the plan and explained that a lot of what was logged was small, second growth because the site was logged twenty or thirty years ago.
Mr. Vasques stated that Mr. Marrotte indicated that the road would be built to Town specifications as part of the excavation process. Mr. Marrotte clarified that it would be done as part of the subdivision process. Mr. Vasques asked Mr. Marrotte if he will be submitting road construction plans that will be peer reviewed by the Town Engineer before the road is brought up to Town specifications; he replied yes. Mr. Vasques asked Mr. Marrotte if he is implying that they will be applying to the Board soon for the subdivision approval, he replied yes because they would like to bring the road up to Town specifications as soon as possible. Mr. Vasques clarified by asking if the applicant is going to proceed with the road construction prior to peer review by the Town Engineer; Mr. Marrotte replied no, absolutely not. Mr. Snow asked the planning staff if the subdivision is contingent upon the Board approving the excavation site, Mr. Vasques replied no. Mr. Snow asked the applicant if
a residential subdivision development will be built in any event, Mr. Marrotte stated that that is the hope.
Chairman Sawich asked the Board members if they have any other questions for the applicant; there were none. Chairman Sawich asked Mr. Houseworth to speak to the sufficiency of the completion of the application. Mr. Houseworth explained that it is the planning staff’s opinion that sufficient information has been submitted in order to accept the application and permit deliberation. Mr. Schacht moved that there was sufficient information submitted to accept the application, which was seconded by Mr. Snow. The roll call vote follows: Mr. Sawich – aye, Mr. Snow – aye, Mr. Schacht– aye, and Mr. Robblee – aye.
Chairman Sawich closed the public meeting and opened the public hearing. He asked if any abutters were present that would like to speak in favor of the proposal; there were none. He asked if any abutters were present that would like to speak against the proposal. Christopher Stephenson, introduced himself, explained that he is an abutter, and made a picture/ slideshow presentation to the Board addressing several issues he had regarding the proposed excavation operation. Mr. Stephenson started by stating that Mr. Robert Varnum’s property is not shown on sheet 1 of the plans and needs to be added. He explained that he is in opposition of the scale of the project and the removal of seventy thousand (70,000) cubic yards of material in a rural, residential neighborhood. He stated that continual
construction noises and hauling truck traffic have a negative impact on the enjoyment of the rural, residential neighborhood and the proposal would suppress real estate values, scare away wildlife, and generally detract from the scenic road designation of upper Pleasant Street. He stated that it is his understanding that excavation sites provide an insignificant revenue source for the Town and yet the Town and all of its tax payers are likely to incur additional operating expenses and risk incurring any number of unforeseen and/ or unaccounted for costs. He asked the Board to consider what direct benefit does the Town gain from approving this excavation permit, and more importantly, how does this weigh against the impact to the neighborhood values voiced here tonight? He explained that a particular concern of his is the degradation of the fifty six (56’) foot entrance onto Pleasant St.
Mrs. Cory Stephenson introduced herself, stated she is an abutter, and explained that when she first heard about the proposal her initial response was NIMBY – “Not in my Backyard.’ She explained that she later realized that it was not a fair response to make because anyone is allowed to do certain things on their properties and if everyone had the NIMBY attitude, nothing would ever be developed. She stated that when she stared thinking about the scope of the project and how it fits in the neighborhood on Pleasant Street, she realized that it wasn’t just about her personal concerns but about their neighborhood not being so pleasant anymore. She stated that she specifically opposes the scale of the proposed excavation operation and is concerned about a huge triaxle truck every fifteen minutes going
down and up Pleasant Street and it will inevitably rattle her house and everyone else’s house on Pleasant Street. She explained that she has two very small children that take naps, that sleep past 7 am in the morning, and the proposed hours of operation from 7 am to 7 pm seem like a pretty big inconvenience of hardship to ask of the their community; to have twelve (12) hours a day of heavy truck traffic, in addition to the operations going on in the pit. She explained that the heavy truck traffic presents some safety and noise issues that she is not sure fits in with their rural, residential neighborhood, which includes a lot of houses in close proximity, lots of pets and animals, and many small children. She stated that she really objects to the scale of the operation and the proposed hours of operation.
Ms. Marguerite Roberts introduced herself, stated she is one of the older residents of Pleasant Street, and explained that her grandfather bought their house in 1922. She stated that she wonders if the Board has considered the water tank, which pumps water up the hill and then it flows back down. She explained that she is concerned with the heavy trucks going around the corner and traveling down Pleasant Street every fifteen minutes. She asked if there will be a bond or something so that if the applicant breaks the water pipe, they will replace it. She explained that it cost the Town a lot of money to put it in and she would like to see it addressed.
Ms. Helena Bates introduced herself, stated that she lives in Bryers Lane, and explained that she also has a lot of concerns regarding safety on Pleasant Street due to the many children that play in the road. She stated that all of the proposed heavy truck traffic is not safe for the children. She explained that she has a man-made stream going through her property, there is a lot of water coming through the woods to her property, she is concerned about the construction, and she doesn’t want her yard or basement flooded. She explained that she is not sure how the construction will impact the surface water drainage onto her property, she is opposed to the noise from 7 am to 7 pm, and stated that the noise from the renovating of Bryers Lane was bad enough.
Mr. Dave Kirkpatrick introduced himself, stated that he lives at 8 Pleasant Street, and explained that he agrees with the rest of the residents on Pleasant Street regarding their safety concerns. He explained that they live at the steep section of the street, near the sloping, blind s-curve, and because there is no sidewalk, pedestrians must be very careful walking on the side of Peasant Street, constantly paying attention to traffic going up and down Pleasant Street. He stated that he has a couple of small children, he has seen people pushing baby carriages, kids riding bikes, and they have some serious safety concerns regarding the increased heavy truck traffic. He explained that in regards to the noise, they have serious concerns because of their location on the hill of Pleasant Street. He stated that when a truck
goes up the hill on Pleasant Street, the trucks’ engines really squeal and when the trucks go down the hill they use loud compression brakes or ‘jake’ brakes that also make very loud noises. He stated that it can be so bad that during the summer, when the windows are open, they can’t even hear the TV when trucks go by.
Mr. Kirkpatrick expressed concerns regarding the condition of Pleasant Street, stating that it is a residential neighborhood and the road was not designed for commercial traffic or heavy use. He stated that he wonders what the tonnage limit is of Pleasant Street and is concerned with the project that includes a year of heavy truck traffic using Pleasant Street when sewer lines are failing, culverts are breaking, and it could turn into another North Main Street issue. He explained that these are significant concerns and he doesn’t see an upside to him, as a resident of the neighborhood, or to the Town, to allow this scale of removal of material or this kind of heavy truck traffic. He stated he is very much opposed to this proposal and questions why this much material is coming out of the site. He stated that the
applicant mentioned knocking over a knob of a hill to level out the area, but it seems to him that the applicant could just push the high spots into the low spots, most of the material could stay where it is, and the number of trips by heavy trucks could be reduced. He explained it sounds to him like a commercial exploitation of removal of material and it does not benefit himself or his neighbors.
Chairman Sawich asked if anyone else present would like to speak to this proposal. Mr. Bruce Gillespie introduced himself, stated that he lives at 68 Pleasant Street, and they live directly along the access drive to the proposed excavation site. He explained that their biggest concerns are the noise and vibrations. He mentioned that last fall, when they were grading the road for the winter, the excavators and trucks rattled the walls, got the dog barking annoyingly, and they are concerned with any potential structural damage to the house and the constant noise directly in their back yard. He stated that they have some photos that show that the back of the house is approximately fifty (50) feet from the access drive of the proposed excavation site.
Mr. John Gordon introduced himself, stated that he lives on the other side of the access drive to the proposed excavation site, and expressed concerns regarding the deterioration of the hill upon which he lives. He stated that he lives on a hill, above the access road to their lot, and has concerns about them digging out the bottom of the hill in order to widen their access road to meet the town’s specifications and wants to make sure his land will not come down on their access road. He explained that the hillside is already cut in and deteriorating due to the activities of Mr. Harriman and he wants to make sure he doesn’t lose anymore of his property.
David Phinney introduced himself, stated that he lives on Bryers Lane, and isn’t keen on having a gravel pit in his backyard. He stated that he had three (3) questions: 1) Is there going to be any gravel processing going on at the site?; (Mr. Marrotte replied that there will no gravel processing or any rock crushing); 2) How many trucks will be involved in the excavation operations?; Mr. Marrotte replied that it can vary and there are a lot of people interested in the material. Mr. Phinney stated that it seems these are not Mr. Marrotte’s trucks; he replied yes. Mr. Phinney explained that some of the trucks could be in good shape while others may not; he replied yes. Mr. Chamberlin stated that they all must meet NH DOT inspections. Mr. Phinney explained that a lot of these private trucks are
flashy but they use ‘jake’ brakes that make a tremendous amount of noise. Mr. Phinney stated that his third question for Mr. Marrotte is: 3) How will the drivers be paid? Mr. Marrotte replied that he is not sure how the question is relevant. Mr. Phinney stated that usually drivers are paid by the number of truck loads and the more they haulm the more they get paid. He explained that there is an incentive to go as fast and hard as possible. Mr. Marrotte explained that is not how they will be running the project. He stated that they are just focusing on what they are trying to remove, without being a big hassle to everyone.
Chairman Sawich asked if anyone else present would like to speak to this proposal. Ms. Susan Ward introduced herself, stated that she is an abutter on the access road to the proposed lot. She asked two (2) questions: 1) Will they have to widen the access road in order to bring it up to Class V Town specifications?; and 2) How will they do it? Mr. Marrotte stated that they have fifty six (56’) which will be enough to put a Class V road in that meets the Town specifications.
Mr. Rick Edmunds, Jr. introduced himself and stated that his concern is the potential destruction to Pleasant Street and asked the Board who determines what the road bond amount should be. He explained that he realizes that repairing roads can be very expensive and he is concerned that the Town is properly protected. Mr. Vasques explained that the applicant would submit a road design, the Town Engineer would evaluate any potential damages to the road and submit an estimate of repairs, and the Town would require a letter of credit or bond in that amount. He explained that the bond would likely cover any damage to Mr. Gordon’s property sliding down on the access road as well.
Mr. Tom Roche asked Mr. Marrotte if he plans on doing any blasting on the site; he replied no. Ms. Nancy Bryer introduced herself, stated that she lives on Pleasant Street, and expressed concerns regarding two specific areas on Pleasant Street: 1) the low area where the water constantly goes across the road, and 2) the area near the High Street intersection where there is a constant water problem does seem to ever to get fixed, and wants to make sure these two areas are included in the road bond. Mr. Vasques clarified by stating that the road bond would not cover any work which is the responsibility of the Town, but would cover any damage caused to those areas by the excavation operations. Mr. Jim Burnham introduced himself, stated that he lives on Pleasant Street, and explained that Pleasant Street, from above Bryers Lane
near Mr. Sam Harding’s property, down to the intersection with Highland Avenue, is in pretty bad shape and explained that there are a number of issues including: the entire stretch has broken asphalt on the edges of the road, there are a lot of cracks in the asphalt, there is a large berm in the center of the road, and depressions where the truck tires go. He explained that these are all existing issues with Pleasant Street now and questioned how the Town will determine what additional damage will be done to the road by the excavation operations in the future compared to the already existing damages that are now present. Mr. Schacht replied that Meridian has already stated that they will take a picture or video of the existing road all the way down to document all of the existing cracks, problems, and the present status of Pleasant Street. He stated that they would then take another video of the road after the excavation operations are done, to figure out
what damage can be attributed to the excavation operations. He explained that if the roads start to breakdown really bad during excavation operations, the applicant would have to fix as they go. Mr. Burnham stated that the road is already falling apart, he has chunks of asphalt on his lawn, and questioned if the Town would fix up Pleasant Street before the excavation operations begin. Mr. Schacht stated that it would not likely happen before the excavation operations begin and the Town would likely fix the road after the excavation operations have ceased. Mr. Vasques explained that the engineers, with the Road Agent, would evaluate the road, make a determination (based on their experience as engineers) as to what portion of damage already exists versus what damage will be added by the excavation operations. He stated that there probably would be a prorating done between Town responsibility and it would be subject to the Road Agent’s approval and
bond would be completed to cover it all. He stated that the bond would be required before the approval of the excavation permit is granted.
Mr. Tyson Opland introduced himself, stated that he lives at 25 Pleasant Street, and explained that his biggest concern is safety. He stated that he has to back out into the road every day, there is a lot of noise due to the proximity of the house to Pleasant Street, and he has six children living at his house so he is concerned with their safety because they often play in the road. He stated that he is concerned with the increased traffic and four (4) trucks an hour is a lot of increased traffic. Mr. Opland asked Mr. Marrotte about what days he proposes to operate; he replied that it would be Monday through Friday.
Ms. Julie Anderson introduced herself, stated that she just moved to Pleasant Street, and expressed concerns about the amount of traffic already on the road and safety issues regarding young children in the neighborhood. She explained that she has two small children that are constantly playing in the road and the road is already very busy with traffic. She stated that cars often pull into her driveway to allow other cars to go by due to how narrow the road is. Mr. Kirkpatrick stated that he also doesn’t want to see an increase in traffic on Pleasant Street but stated that his primary concern is the scope of this project and the amount of material proposed to be removed from the site. He stated it is unnecessary and a commercial exploitation.
Mr. Stephenson addressed his additional concerns regarding the existing status of the road. He explained that trucks weighing eighty thousand (80,000 lbs) pounds will be traveling down Pleasant Street and he is concerned with how the road will be impacted. He asked the Board how they will address safety issues with the increased heavy truck traffic and how will the Town find an acceptable level of risk. He stated that he has serious concerns about the blind spot at the intersection of Pleasant Street and High Street. He explained that he is also concerned with potential damage to the water and sewer lines on Pleasant Street also. Mr. Stephenson expressed concerns about the plan not showing the fifty (50) foot buffer from the proposed excavation area to non-approving abutters. Mr. Chamberlin explained that
they won’t be excavating that close to the property boundary line and that only erosion controls or sediment basins will be that close to abutting properties. He explained that they are willing to work with the Town and move those things back form the property boundary. Mr. Stephenson explained that the way he interprets the local and state regulations is that the parcel boundary itself delineates the excavation area. He also expressed concerns about a Class V Town road being built in the small corridor that accesses the lot, along with providing for adequate drainage for stormwater. He questioned whether the intersection of the access drive to Pleasant Street can handle six to eight additional house lots, increased vehicles, etc. Mr. Stephenson stated that he believes that particular wetlands seemed to not be delineated on the plans and he claimed that trees were cut and the ground was disturbed within twenty five (25’) feet of particular
wetlands. He also questioned where the water table is on the site and mentioned that a lot of surface water was pooling up in the pit and on the site. He explained that a lot of these seem to act as vernal pools. He suggested that perhaps the Board require that a hydrology map be submitted to the Board to understand where the water table truly is.
Chairman Sawich asked if anyone else present would like to speak to this proposal. Mrs. Jane Fluhr introduced herself, stated she is a resident of Bryers Lane, and stated that she already has problems with the traffic and noise shaking her house. She stated that she also has concerns with many children playing on skateboards and bikes and their safety as the heavy truck traffic increases. She stated that the bottom line is that the reason why most people moved here is because it is a quiet, natural, peaceful setting and it conflicts with the proposed large, commercial enterprise. She wondered if anyone involved in the project actually lives in Antrim.
Chairman Sawich stated that if the abutters don’t have any other comments, he would like to give the applicant a chance to respond to the abutters concerns. Mr. Chamberlin and Mr. Marrotte expressed concerns regarding people trespassing on the property and expressed concerns that they don’t want anybody getting hurt on the property. Mr. Chamberlin explained that the bottom line is that they want to make the site better, they want to address the stormwater drainage issues and erosion problems on the site, and they want to find a way to handle the stormwater drainage off of Pleasant Street and on to the lot. He explained that they will do all they can to contain the erosion and water on site and they want to complete the excavation as fast as possible in order to create the residential lots. He stated that
in regards to the groundwater concerns, they are not excavating into the water table and all of the low spots will be filled in. He explained that they can scale back the number of truck trips per day but that will prolong the project longer. He stated that in terms of safety, they could put up any necessary signs and constantly monitor the issue. He explained that they want to fix up the area, increase the values of properties in the neighborhood in the end, and create a nice neighborhood. He also stated that they will post a bond on the road and will fix any problems that happen as they go along.
Mr. Marrotte explained that he understands the concerns of abutters regarding the safety of their children, he has children himself, and his goal is to build nice homes for people that are affordable. He stated that he thinks a lot of the abutters will really like the end process. He also stated that he hopes everyone realizes that this was already an active pit and if Mr. Harriman was still alive, he would still be probably working the pit. He explained that he is trying to follow the law as best as possible, they are trying to not bother neighbors, and they are trying to complete the project with respect and create reasonable homes that are affordable.
Chairman Sawich asked if anyone else would like to speak to the proposal. Mrs. Stephenson explained that she understands that the end result will be much better than how it currently exists but she questions the scale of the project. She asked the applicant why the entire property must be used to put in as many homes as possible. She asked why they can’t just fill in the existing gravel pit, put up three or four houses, and leave it at that. She asked why the applicant is going around the wetlands, across the stream, and disturbing the untouched second esker. Mr. Marrotte explained that they are not trying to punch in as many homes as possible and they are going for a cluster housing approach that yields six to eight house lots within a thirty (30) acre parcel.
Mr. Zwirner expressed concerns about the surface water drainage patterns on the site and the amount of water flowing into the Bryers Lane subdivision common land. He stated that Mr. Harriman has really left the site in a mess and wants people to understand how important it is to reclaim the site and take care of the very dangerous existing esker with very steep slopes. He stated that a lot of gravel and material has already filled in the adjacent brooks and wetlands and cause potentially more flooding issue in the future if the site is not reclaimed. He also expressed concerns about the logging road that crosses a second stream, which flows year around, and he believes it is a violation because it is a major drainage route for the site. He stated that he would also like to see a bond posted for the reclamation itself. He explained that if the applicants want to improve peoples’ values, he suggests they allow the second esker to be open to the public due to the incredible views
from the area. He also stated that he would also like to have a better justification for why they need to excavate in the second area of the property.
Chairman Sawich closed the public hearing and opened the public deliberation of the Board. Mr. Houseworth reviewed aloud the documentation in the packets provided to the Board. He read aloud the project explanation letter from Meridian Land Services that was submitted with the application, the letters submitted from the Police Chief Feyrer and Officer Elliott regarding their safety concerns, a letter submitted by the Road Agent regarding traffic and safety concerns, and the reports from the Water and Sewer Department and Fire Department; which are all at Town Hall in the planning board file # 2007-02PB. Mr. Houseworth also reviewed aloud a letter from the Code Enforcement Officer regarding a complaint he received from an abutter regarding the status of the existing silt fences, a letter from NH DES regarding the applicant’s application for an ‘Alteration of Terrain Permit’ from the state, and a letter from Meridian Land Services asking for a waiver to items B.18 and C.3 of the
excavation permit checklist.
Chairman Sawich asked Mr. Beblowski to present the conservation commission’s report regarding the proposed excavation operation. Mr. Beblowski read aloud the letter from the conservation commission, dated April 19, 2007, which is at Town Hall in the planning board file # 2007-02PB. Mr. Beblowski stated six particular concerns regarding: 1) wetlands possibly missing from the upper portion of the main drainage are on the plans, 2) the absence of the fifty (50) foot buffer zone around the excavation area from opposing abutters on the plans, 3) the lack of hydro geologic information submitted in the permit application, 4) how much vegetation buffer will be provided according to note # 3 on the plan, 5) whether or not the houses will be built on the proposed long slopes or if they will be terraced, and 6) a request that a
hydro-geologic investigation be conducted by a qualified Professional Geologist or Engineer.
Mr. Houseworth read aloud a letter received from an opposing abutter, Ms. Micheline DeRosa, whom lives at 75 Pleasant Street, across from the entrance of the pit, regarding her concerns about safety and truck traffic entering and exiting the site, and potentially driving on portions of her front yard in order to make the turn onto Pleasant Street. Mr. Houseworth also read aloud a letter from the NH Natural Heritage Bureau regarding whether or not their current database shows any records for rare species or exemplary natural communities near the proposed area of excavation operations; their records show no such occurrence for sensitive species in this area.
Mr. Snow expressed concerns about how narrow Pleasant Street currently is and questions whether or not it is wide enough for two large trucks to pass each other at the same time. Mr. Snow also expressed concerns regarding how likely it is that the water and sewer pipes would be damaged by the proposed excavation operations. Mr. Edwards asked the applicant if any logging was done within twenty five (25’) feet of a wetland and if it was done in a way which conforms to the existing regulations. Mr. Marrotte replied that there was no cutting done within twenty five (25’) feet of a wetland and it was done in a manner that complies with the regulations. Mr. Edwards asked the applicant if he feels that it is necessary to remove that much material in order to complete the site for the subdivision. Mr.
Marrotte replied that just enough material is being taken off of the site in order to prepare the area for the proposed residential development. Mr. Robblee asked what the line of sight is up the hill, as some one leaves the site. Mr. Chamberlin guessed that it is at least one hundred and fifty (150’) feet to two hundred (200’) feet line of sight up the hill. Mr. Marrotte explained that it must have met the regulations when it was established. Mr. Schacht stated that his main concern is regarding the amount of traffic and the potential impacts to Pleasant Street. He suggested that perhaps the truck traffic be cut down slightly, or the hours of operation be adjusted so that people can enjoy their time off at their homes. He also stated that he is sure the truck drivers will be careful to avoid the children and believes that it is a good idea to have a police officer specifically sent to watch this area. Mr. Koziell inquired about
how much equipment would be on site at any time and asked if there will be leveling and loading of trucks at the same time; Mr. Marrotte replied that they will be leveling and loading.
Mr. Vasques asked the applicant if he would be willing to have PSNH, at his expense, install temporary caution lights, yellow flashing lights on Pleasant Street at the entrance of the site; he replied he would have no problem doing it. Mr. Burnside asked the applicant if he would be willing to put up ‘No Jake Brake’ signs in the densely populated residential areas on Pleasant Street. Mr. Marrotte explained that he would be willing to do it and wants to do whatever he can to reduce the noise, help the community, and limit the potential number of problems that could arise from the excavation operations. Mr. Robblee asked the applicant if it would be possible to widen the corner of the access road in order to alleviate the problems with turning onto Pleasant Street; he replied they would look in to it.
Mr. Edwards stated that a number of concerns have already been expressed tonight regarding safety, erosion issues, and environmental issues and he isn’t in favor of waiving any subdivision and site plan review regulations until he has an opportunity to see the site. He recommended that the Board conduct a site walk on the proposed site and invite the Town Engineer to come along with the Board. Chairman Sawich asked the Board how they felt about conducting a site walk; Mr. Snow and Mr. Schacht replied that they felt it is a good idea. After a brief discussion about the date and time of the site walk, the Board agreed to schedule the site walk for Monday, April 23, 2007 at 5:00 PM at the proposed site on Pleasant Street. Chairman Sawich asked Mr. Marrotte if he would be willing to give permission to the abutters
and public to join the Board on the site walk, he replied yes. Mr. Burnside recommended that the Road Agent, Mr. Bob Varnum, also be invited to attend the site walk with the Board.
Mr. Edwards moved to table the review of the checklist to the next public meeting on May 3, 2007, after the completion of the site walk, which was seconded by Mr. Schacht and was unanimously approved. Chairman Sawich continued the public meeting to May 3, 2007 at Town Hall at 7 PM and stated that the site walk will be on Monday, April 23, 2007 at 5 PM.
Approval of Planning Board Meeting Minutes: Mr. Edwards moved to approve the minutes of the April 5, 2007 Planning Board meeting as presented, which was seconded by Mr. Robblee and unanimously passed.
Town Counsel’s opinion regarding Excavation Site locations in Town: Mr. Houseworth presented a letter to the Board sent from Mr. Bart Mayer, Town Counsel, dated April 9, 2007, to Mr. Houseworth regarding his interpretation of RSA 155-E:4, III, for where in Town new earth excavation sites would be allowed to be established by special exception. Mr. Houseworth explained that subsection III, of RSA 155-E:4, essentially provides that when excavation sites are not permitted by a town’s zoning ordinance or where the subject of excavation sites is not addressed, then “excavations shall be deemed to be a use allowed by special exception…in any non-residential area of the municipality… .” He explained that the question he posed to Town Counsel is how does one define a
‘non-residential area’? Mr. Houseworth stated that because the Town of Antrim and the state of NH do not define what constitutes a ‘non-residential area,’ Mr. Mayer’s view is that the most appropriate interpretation of the statute is that ‘area’ “…should be viewed through the zoning ordinance’s various zoning districts. He explained that based on this reasoning, Mr. Mayer has determined that a special exception, under RSA 155-E:4, III, would be only available for excavation purposes within the Town’s Village Business and Highway Business Districts.
Mr. Houseworth stated that he believes Town Counsel has come to this determination partly based on the fact that the two above mentioned zoning districts permit commercial operations in addition to residential dwellings and of all the zoning districts in the Town of Antrim, these two are the closest to ‘non-residential areas.’ Mr. Houseworth explained that based on the input from Town Counsel, the Zoning Board of Adjustment would only be allowed to hear applications for a special exception for the establishment of new earth excavation sites that are proposed in either the Village Business District or the Highway Business District. Mr. Houseworth stated that perhaps the Board should consider the following questions: 1) Does the Board want to permit earth excavation sites in Town in specific zoning districts?, 2) What
zoning districts, if any, does the Board want to permit earth excavation sites in, and 3) Does the Board want to permit them in particular districts by special exception or as permitted uses?
Certificate of Occupancy Meeting with the Selectmen, Building Inspector, & Police Chief: Mr. Houseworth advised the members that a meeting was held with the Selectmen, Town Administrator, Building Inspector, Police Chief, Mr. Edwards, and Mr. Sawich regarding the status of the certificate of use and occupancy issue. He reminded the Board that Town Counsel deemed that a change in ownership of a commercial entity is not sufficient for the Town to require a new certificate of use and occupancy, including the associated inspections by the building inspector, police chief, and fire chief. He explained that due to Town Counsel’s opinion, the Town Administrator and Selectmen have been discussing the potential of implementing an annual inspections program for all commercial entities in the Town of Antrim, in
order to address life and safety issues on a more routine basis. He stated that a meeting was set up between the parties involved in order to discuss the effect Town Counsel’s opinion has on the issuance of a certificate of use and occupancy, how the Planning Board handles a change of use and site plan review, and the potential implementation of an annual inspections program. Mr. Schacht explained that they are thinking about a three-tier inspection program with small businesses being inspected every three (3) years, apartment buildings inspected every two (2) years for furnaces and smoke detectors, and larger commercial properties being inspected every year. He explained that the inspection program would include forms that would be kept at Town Hall so that there is a paper trail or record of these inspections. Mr. Houseworth explained that the Building Inspector, Mr. Jeff Parsons, uses the 2000 International Building Code (IBC) and Mr. Prokop has
found a supplemental manual associated with the 2000 IBC that requires certain inspections of commercial properties and apartment complexes on an annual basis. Chairman Sawich stated that having the inspections paperwork in the property files will help the Planning Board in future site plan reviews and will hopefully reduce our dependence on constantly asking the various departments to provide comments on every application in front of the Board.
Redneck’s Bar and Grill; Permit to Operate a Place of Assembly: Mr. Vasques provided the Board with a copy of the ‘Permit to Operate a Place of Assembly’ for Redneck’s Bar and Grill, 76 Main Street, issued by the Fire Chief, Mr. Michael Beauchamp, which is effective until March 23, 2008. He explained that the authorized capacity in persons, excluding employees, was established at eighty (80) people and is on the permit itself.
Underwood Engineers, Inc; Proposal to Draft Road Specifications for the Town of Antrim: Mr. Vasques presented a letter to the Board from Mr. Peter Pitsas, Underwood Engineers, Inc., dated April 13, 2007, regarding a revised proposal to update the Town of Antrim Subdivision and Site Plan Review Regulations in order to establish Class V road construction specifications. Mr. Vasques explained that Underwood Engineers, INC. has estimated that the cost to complete the project is five thousand and three hundred ($5,300) dollars. After a discussion among the Board members, they decided to task Mr. Vasques with the duty of bargaining the price with Mr. Pitsas and discussing with him more of the details of the project, what is provided for the price, before the Board is prepared to commit to a contract.
Erik Hagstrom – NH DES Dredge and Fill Application/ DES Wetlands File #2007-00020: Mr. Vasques presented the Board with a letter of deficiency from NH DES to Erik Hagstrom, dated January 19, 2007, regarding his property at 118 Craig Road not being in compliance with RSA 482-A and NH Code of Administrative Rules Env-Wt 100-800. He explained that NH DES has required Mr. Hagstrom to take a number of actions including submitting a restoration plan for removing the fill and culvert crossing and restoring the wetland areas to their original condition on the property or submitting a permit application to retain a portion of permittable dredge and fill on the property.
Updated Membership Roster: Members were provided with an updated roster showing the addition of the contact information for Mr. Stephenson and the work phone number extensions for the planning staff. Mr. Burnside stated that Ms. Bagley has mentioned that she does want to join the Board as an alternate member and will attend the next meeting. Mr. Vasques pointed out that if Ms. Bagley joins the Board, there will be one (1) vacant seat left for an alternate member.
Planning Department Reorganization Meeting - Set a Date: Mr. Vasques asked the Board if they are comfortable with setting a date for a meeting with the Selectmen, Town Administrator, the planning staff, and a few select members of the Planning Board regarding the proposal of how to reorganize the Planning Department and staff when Mr. Vasques resigns. After a short discussion among the members, it was decided that the Board would wait on scheduling a meeting with the Selectmen until the final proposal from the planning staff was completed and presented to the Planning Board for review, input, and suggestions.
Planning Board Schedule for July and August 2007: Mr. Houseworth recommended to the Board that the meeting schedule for the months of July and August 2007 be revised from the first and third Thursdays to the second and fourth Thursdays of both months, due to July 4th falling on a Wednesday this year. Mr. Houseworth explained that in August the Planning Board meeting schedule would then go back to the regular schedule of the first and third Thursdays of every month. Mr. Edwards moved to move the Board meetings in July and August to the second and fourth Thursdays of each month, which was seconded by Mr. Schacht and unanimously passed.
Is the establishment of a new Antrim Teen Center constitute a ‘Change of Use’: Mr. Vasques advised the members that the Town Administrator has requested that the Board determine whether or not the establishment of the new Antrim Teen Center in the Old Mill Building on Main Street constitutes a ‘Change of Use’ because it is going from a mail order/ retail operation to a teen center. After a short discussion among the members, it was determined that not enough information is known about the proposed Teen Center and it does in fact constitute a ‘Change of Use,’ because it is significantly different from the previous commercial enterprise that previously operated out of that space. Mr. Edwards moved that it is a qualified ‘Change of Use, which was seconded by Mr. Snow, and
passed in the affirmative (Mr. Burnside – nay). Mr. Robblee moved to amend the motion to include that the Teen Center will have to appear in front of the Board for a minor site plan review, as opposed to a major site plan review, which was seconded by Mr. Edwards. Mr. Edwards moved the amended motion, which was seconded by Mr. Snow and unanimously passed.
Planning Board & Zoning Board of Adjustment Workshop: Mr. Vasques advised the Board that Kim Hallquist, Esq., Staff Attorney at the N.H. Local Government Center, is holding a Planning Board and Zoning Board of Adjustment Workshop on Saturday, May 5, 2007 from 9:00 am - 11:30 am at the Hinsdale Town Hall (11 Main St, Hinsdale, NH).
Southwest Region Planning Commission – Brownfield Forum: Mr. Vasques advised the Board that the Southwest Region Planning Commission (SWRPC) is holding a Brownfields Forum on Friday, May 11, 2007 from 12:00 pm – 2:00 pm at the E.F. Lane Hotel at 30 Main Street in Keene, NH. He stated that the registration deadline is May 2nd.
Mr. Edwards made a motion to adjourn which was seconded by Ms. Wasserloos. Chairman Sawich adjourned the meeting at 10:50 PM.
Respectfully submitted,
Bradley Houseworth, Planning Technician
Antrim Planning Board
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