ANTRIM PLANNING BOARD
Minutes of the May 17, 2007 Board Meeting
Members & Staff Present:
Mary Allen |
Scott Burnside |
Bob Edwards |
Bradley Houseworth |
Joseph Koziell |
Andrew Robblee |
Brian Sawich |
Stephen Schacht |
Chris Stephenson |
Paul Vasques |
Kathi Wasserloos |
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Members and Staff Absent:
Alex Snow
Public Attendees:
Nate Chamberlin |
Micheline DeRosa |
John Gordon |
Susan Gordon |
Phil Marrotte |
Rod Zwirner |
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Chairman Sawich opened the public meeting at 7:05 PM, introduced himself and the Board, and appointed Mr. Koziell to sit for the absent Mr. Snow.
Approval of Planning Board Meeting Minutes: Mr. Edwards moved to approve the minutes of the April 23, 2007 Planning Board Site Walk Meeting as presented, which was seconded by Ms. Wasserloos and unanimously passed. Mr. Schacht moved to approve the minutes of the May 3, 2007 Planning Board Meeting as corrected, which was seconded by Mr. Edwards and unanimously passed. Ms. Allen, Mr. Burnside, and Mr. Stephenson abstained from voting on the approval of the Planning Board Meeting Minutes.
Cindy Bagley – Interested in serving as an Alternate Member of the Board: Mr. Vasques informed the Board that Mr. Burnside stated that Ms. Cindy Bagley is still interested in becoming an alternate member of the Planning Board but couldn’t attend tonight due to emergency personal matters that came up. He stated she should be at the next meeting.
Septic Systems and You Presentation: Mr. Houseworth informed the Board that Mr. Gary Flaherty, NH Permitted Designer of Subsurface Disposal Systems (NHCWS & NHCSS), is holding a workshop titled, ‘Septic Systems and You,’ on Tuesday, June 12, 2007 from 7 -9 PM at the Brown Lane Barn (Beaver Brook Association) in Brown Lane, Hollis, NH.
Invitation to Eagle Scout Court of Honor for Brian Francis: Mr. Houseworth presented the Board with an invitation from Mr. Brian Francis to celebrate his designation as a new Eagle Scout at the Court of Honor at placePlaceNameAntrim PlaceTypeTown Hall on dateYear2007Day20Month5Sunday, May 20, 2007 at timeMinute0Hour186:00 PM. Mr. Houseworth informed the Board that Mr. Francis was granted a variance by the Zoning Board on dateYear2006Day23Month5May 23, 2006 to obstruct a pavilion at the Town of Antrim Public Beach on placePlaceNameGregg PlaceNameLake.
E-mail to Mr. Scott Wheeler regarding the leasing of a Restaurant at the Maplehurst Inn: Mr. Houseworth presented the Board with an e-mail, dated May 17, 2007, from the Planning Staff to Mr. Scott Wheeler essentially stating that if he leases the restaurant at the Maplehurst Inn a site plan review is not required by the Planning Board because the proposal is not deemed by the Planning Staff to be a ‘Change of Use due to the fact that a restaurant already exists. Mr. Houseworth informed Mr. Wheeler that if additional signs were put up, they would have to conform to Article XVII – Sign Ordinance of the Antrim Zoning Ordinances or he would have to appear in front of the Zoning Board of Adjustment for a special exception or variance. Mr. Houseworth also informed Mr. Wheeler that if any renovations are
being made to the interior of the restaurant or the kitchen, a building permit would be required from the Building Inspector and a subsequent inspection would follow by the Building Inspector and/ Fire Chief to address the necessary life and safety issues.
Preferred Development Zone Committee: Mr. Sawich informed the Board that the next Preferred Development Zone Committee is on dateYear2007Day23Month5Wednesday, May 23, 2007 at timeMinute0Hour197PM at Town Hall.
Master Plan Committee: Mr. Vasques informed the Board that the next Master Plan Committee meeting is scheduled for dateYear2007Day29Month5Tuesday, May 29, 2007 at timeMinute0Hour197 PM at Town Hall.
Farewell Party for Mr. Vasques: Mr. Houseworth advised the Board that the placePlaceNameAntrim PlaceTypeTown Hall, Zoning Board of Adjustment, and Planning Board are holding a farewell party for the Town Planner, Mr. PersonNamePaul Vasques, on dateYear2007Day31Month5Thursday, May 31, 2007 at timeMinute0Hour186 PM at the Maplehurst Inn on addressStreetMain Street in downtown Antrim. All are welcome and appetizers and desserts will be provided.
In-Ex Homes, LLC; File # 2007-02PB; Public Hearing for an Excavation Permit: Chairman Sawich thanked everyone for coming and continued the public meeting on the request of In-Ex Homes, LLC for a permit to operate an Earth Excavation Site on 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 Mr. Houseworth to read aloud the public notice for the meeting, which he did, and asked him to address the new information that has been submitted regarding this application.
Mr. Houseworth read aloud the Conservation Commission’s most recent report to the Board, which is on file at Town Hall, summarizing the discussion which took place on May 9, 2007 between members of the Antrim Conservation Commission (Ms. Martha Pinello and Mr. Rod Zwirner), Mr. Nathan Chamberlin of Meridian Land Services, and Mr. Phil Marrotte of In-Ex Homes, LLC regarding the Commission’s Natural Resource Benefit Policy and its relationship to the Planning Board’s Special Use Permit to impact wetland buffer zones. Mr. Beblowski stated in the letter that although it was evident that wetland buffer zones were impacted adjacent to the main wetland crossing during recent logging operations, the applicants’ dedication of 11.9± acres of open space in their preliminary six house lot residential subdivision plan
is viewed by the Conservation Commission as being a positive natural resource benefit in conformance with the Commission’s Natural Resource Benefit Policy. Mr. Beblowski also stated in the letter that it was tentatively agreed upon that the property lines between lots 62-2 and 62-3 and the open space lot be modified to include more of the wetland rather than how it was illustrated on the preliminary six house lot residential subdivision plan. The Conservation Commission’s letter was provided to the applicants and they agreed with the content and stated outcomes.
Chairman Sawich asked the applicants to present the revised plans and any other additional information to the Board. Mr. Chamberlin stated that they submitted revised plans one week ago to the Planning Staff, as requested, and the next day Mr. Houseworth provided a detailed letter outlining all of the Boards’ requests from the dateYear2007Day3Month5May 3, 2007 public meeting. He explained that they reviewed Mr. Houseworth’s letter, made all of the additional changes, and have brought revised plans to tonight’s meeting. He provided the Board with five sets of the revised plans, dated May 17, 2007, and reviewed the recent changes that were made including: 1) the revision of general note # 21 on sheet 2 regarding the required EPA stormwater permit; 2) the addition of general note # 22 on sheet 2 stating that
the excavation operation will not adversely impact the underlying stratified drift aquifer; 3) the addition of the ‘ground water elevations’ table on sheet 2 describing the five test borings existing and proposed grades in relation to the observed groundwater elevations in that area; 4) the addition of general note # 23 on sheet 2 stating that the traffic controls on sheet 4 will be in place throughout the duration of the project; 5) the addition of another sign on the traffic control plan on sheet 4, near the intersection of Pleasant Street and Highland Avenue; 6) the addition of general note # 24 on sheet 2 stating that final approval of the excavation site will be contingent upon obtaining all state and federal permits and no excavation shall be done prior to obtaining these permits; 7) the addition of general note # 25 on sheet 2 regarding the size of the trucks to be used to haul the materials (10-20 cubic yard ‘triaxle’ dump trucks); 8) the addition of
general note # 26 on sheet 2 stating that the use of ‘Jake’ Brakes on Pleasant Street is prohibited throughout the duration of the project; 9) the addition of general note # 27 on sheet 2 regarding the right to grind or chip stumps on-site; and 10) the revision of general note # 4 on sheet 2 regarding the reduction in the amount of material to be removed to forty eight thousand (48,000) cubic yards of gravel.
Mr. Chamberlin explained that based on forty eight thousand (48,000) cubic yards of gravel being removed from the site, they estimate it will take approximately one hundred (100) trips, using fifteen (15) ton trucks, for about twenty (20) weeks to complete the project. He stated that they have reduced the amount of necessary trips in half by reducing the amount of material being removed from the site and the project could be wrapped up by next fall. He explained that the removal of the material is market driven but they want to get it done as soon as possible.
Mr. Chamberlin stated that in regards to the Conservation Commission’s concerns expressed in their dateYear2007Day3Month5May 3, 2007 letter, the sight distance is an issue, the site entrance is on a bad corner, but it was a preexisting working pit and it the entrance must have been approved by the Board and Road Agent when the back lot was created. He explained that they propose to mitigate the sight distance issue by putting up additional signage, which were never in place before when Mr. Harriman was running the pit, and work with the adjacent landowner to clear vegetation in the Town’s right-of-way on addressStreetPleasant Street. He stated that they don’t feel they should have to negotiate a land taking with the abutter to improve the sight distance situation. He explained that they certainly will
improve the situation when they come in front of the Board for a subdivision, a traffic study could be conducted, and they will look for a more permanent solution.
Mr. Chamberlin explained that in regards to the Conservation Commission’s concerns expressed in their dateYear2007Day3Month5May 3, 2007 letter about the drainage issues coming off of addressStreetPleasant Street and onto the site, they have already re-graded the ditch and re-stabilized it to the condition it was in before the extreme storm event. He stated that they have already put up more hay bales to slow down the stormwater flow and the owner will be there on a daily basis to monitor the situation. He explained that during the subdivision process they will find a more permanent solution but to ask Mr. Marrotte to put in a closed drainage system or rip rap the ditch now, when it will be disturbed when the access road is brought up to class V specifications, is premature. He explained that the only other issue the
Conservation Commission had concerns about was the need for them to obtain a special use permit from the Board and he reiterated that the commission was satisfied with their cluster housing subdivision proposal which includes approximately 11.9± acres of open space.
Mr. Chamberlin stated that in regards to a comment about placing a time limitation on the gravel pit, Mr. Marrotte has spoken with his attorney and he is uncomfortable with placing a time limit on the project in case a catastrophe happens or there is a major illness. He stated that their goal is to get it done as soon as possible but if something happens and he can’t complete it in twelve (12) months, then they don’t want to have to go through this process again with the Board. He also explained that in regards to whether the pit is grandfathered, Mr. Houseworth stated it well citing the fact that Mr. Harriman filed the necessary paperwork for 2005 through 2006, therefore this site is grandfathered, and the grandfathering runs with the land, not the owner, and Mr. Marrotte has the right to continue the gravel pit as
along as he obtains a permit from the Board.
Mr. Houseworth asked Mr. Chamberlin if their intent is to remove general note # 13 on sheet 2 stating that the duration of the project shall be 6 to 12 months; he replied no and they were going to leave it on the plan. After a short discussion, Mr. Vasques stated that because the excavation permit will be valid for five (5) years, he suggests that general note # 13 be revised to read: “The project is to be completed as quickly as possible and the duration of the project is estimated to be six (6) to twelve (12) months,” so that they don’t have to stop operations immediately one day after a year is up. The Board agreed to revise general note # 13 on sheet 2 as suggested.
Chairman Sawich asked Mr. Houseworth to guide the Board through the updated checklist, addressing those items that the Planning Staff has deemed to be incomplete or missing. The Members reviewed the incomplete items on the checklist and made the following determinations:
1. Fix typo on general note # 24 on sheet 2 to include the word ‘prior’ and read: “…shall be done prior to obtaining these permits.”
2. In regards to the twelve (12) advisory comment from the Planning Department regarding a requirement to work with the school bus company for their routes and number of stops on Pleasant Street, Ms. Allen stated that she asked the Business Manager about the possibility of working with the school buses and she explained they would be very happy to work with the applicants regarding the bus schedule and number of stops. She stated that they have a very regular route for the school buses on addressStreetPleasant Street, with a range of two to three minutes, and they could provide the
applicants with the times they pass through. She explained that a number of abutters are concerned with this issue, and she is too as a school board member, and perhaps the students could wait farther from the road, or the excavation trucks could hold up as the school buses pass through on addressStreetPleasant Street. She suggested that perhaps the Board could make it a condition that the applicants work with the school bus company and school is out in a month so they won’t really run into this issue until the fall (Contact: 924-9211 Goffstown Trucking Company).
3. Item B.7 – The Board decided to not require that the Town Engineer review the plan for the proposed Best Management Practices (BMPs), surface drainage, and stormwater prevention measures.
4. Item C.2 – Mr. Bob Varnum’s house lot was added to sheet 1 but the southern boundary of the lot was described incorrectly and needs to be fixed to match the tax maps.
5. An additional ‘Warning – Trucks Entering and Exiting’ sign to be added along Pleasant Street, to the east of the site entrance, and to the traffic control plan on sheet 4, in order to warn traffic as they head west up Pleasant Street towards the site entrance.
6. In regards to the eleventh (11) advisory comment from the Planning Department regarding a requirement for the applicant to obtain a special use permit, Chairman Sawich asked Mr. Houseworth to read the six (6) criteria to be met by the applicant in order to obtain the special use permit; which he did. After a short discussion about the applicant meeting the six criteria to obtain the special use permit, Mr. Schacht made a motion to grant the applicant the special use permit, which was seconded by Mr. Edwards and was unanimously approved. Mr. Edwards stated that he would like a
condition of the permit to be that the applicants will work with Mr. Beblowski to reach an acceptable agreement. The special use permit was granted and this item was satisfied.
7. Item XII (Reclamation Bond) from the Antrim Earth Excavation and Reclamation Requirements – The Board decided that a road bond and reclamation bond will both be required to be established, and approved by the Board, prior to the grant of the excavation permit. In regards to the reclamation bond, Mr. Vasques explained that the applicant could go out to bid for this bond amount but the Board knows now, based on the Zeke and Mack project, that the range for the reclamation of a gravel pit runs from three thousand ($3,000) to nine thousand ($9,000) dollars an acre. He recommended that Mr. Marrotte provide a couple of
estimates for a reclamation bond to the Board. Mr. Robblee recommended that the Board require the same amount which was required for the Zeke and Mack project, since it is the same pit operator, which was four thousand, five hundred ($4,500) dollars per acre. The Board agreed to the amount of $4,500 dollars per acre for the reclamation bond for the total acreage of the entire excavation area. Mr. Vasques recommended that the applicants meet with the Water and Sewer Department, Highway Department, and Town Engineer to decide on an amount for the road bond, which would be a condition of final approval. Mr. Chamberlin stated that they would video tape the road, walk it with the road agent, and do
an overlay for the road bond, adding some additional coverage for any potential damages to the utilities.
Mr. Edwards moved to conditionally approve the application of In-Ex Homes, LLC File # 2007-02PB for an Excavation Site Permit for property located off Pleasant Street in Antrim, NH, Tax Map 1A Lot 62 located in the Rural District. The following conditions apply to this approval:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated dateYear2007Day19Month4April 19, 2007 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
Subject to the applicant receiving a bus schedule from the Goffstown Trucking Company, outlining the times the buses run on addressStreetPleasant Street, in order to prevent the excavation trucks from traveling down addressStreetPleasant Street at the same time as the school buses.
Subject to the approval and acceptance of the Reclamation Bond by the Planning Board.
Subject to the approval and acceptance of the Road Bond by the Planning Board.
Mr. Robblee seconded the motion. Roll call vote: Mr. Schacht – aye, Mr. Edwards – aye, Mr. Robblee – aye, Ms. Wasserloos – aye, and Mr. Koziell – aye. The applicants were informed that they would receive a notice of decision in the mail, signed by the chairman, and stating that the project was conditionally approved. Mr. Vasques stated that they will receive the excavation permit upon the Board’s satisfaction that all of the conditions have been adequately met. Mr. Burnside and Mr. Stephenson rejoined the Board.
Planning Staff & Budget Subcommittee: Chairman Sawich presented the Board with a document titled: “Planning Staff and Budget Subcommittee Outline,” describing his vision for what he thinks the subcommittee should be addressing. He explained that the subcommittee met with the Selectmen last Monday, dateYear2007Day14Month5May 14, 2007 to discuss how the Planning Staff and Board will move forward to replace Mr. Vasques. He stated that he recently became aware of RSA 673:16 (Staff; Finances) which essentially authorizes each local land use board to, “…appoint such employees as it deems necessary for its work...” He explained that it was decided at the last Selectmen’s meeting that the Planning Board will address their own staffing needs and manage their own budget and
he suggested that a permanent subcommittee be established to address these issues as needed. He stated that he would like the Board to decide tonight on the details of what the subcommittee will address and who will be a part of it. The Board agreed to create this permanent subcommittee and decided that it will consist of five (5) members: two (2) Planning Board members, one (1) Zoning Board member, one (1) Ex-Officio member, and the Town Planner. The Board decided that the subcommittee will be chaired by Mr. Edwards and will include the Zoning Board of Adjustment Chairman, PersonNameDon Winchester, Planning Board member Mr. Robblee, Ex-Officio member Mr. Schacht, and Mr. Houseworth.
Motion for Rehearing of the Landsite, LLC Denial: Mr. Vasques provided the Members with a copy of the ‘Motion for Rehearing on the Board’s denial of Landsite, LLC’s request for a Special Exception for Gravel Excavation on Property located at Tax Map 8A, Lots 18, 19, and 20 located in the Rural District.’ He explained that it is being provided to the Board because the Planning Board provided a recommendation to the Zoning Board of Adjustment regarding this application to permit an excavation site in the Rural Zoning District. He explained that the Planning Staff is waiting for Town Counsel to provide advice on how to handle the situation and whether a rehearing will be held.
DRAFT of the Planning Board By Laws: Mr. Vasques provided the Members with a DRAFT of the proposed ‘Planning Board By Laws’ and stated that they are essentially at the same place when they were last addressed by the Board, approximately two or three years ago, and all of the most recent proposed changes are in bold italics and all of the proposed text to be deleted has a strikethrough it. He explained that the Board needs to review it, make any necessary changes, and finalize it for adoption. After a discussion about the By Laws and a number of proposed changes, the Board agreed to continue to work on it at the next Board meeting.
Mr. Edwards made a motion to adjourn which was seconded by Mr. Schacht. Chairman Sawich adjourned the meeting at 10:45 PM.
Respectfully submitted,
Bradley Houseworth
Planning Technician, Antrim Planning Board
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