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ANTRIM PLANNING BOARD
Minutes of the June 7, 2007 Board Meeting
Members & Staff Present:
Bob Edwards Bradley Houseworth Joseph Koziell Brian Sawich
Stephen Schacht Alex Snow Kathi Wasserloos
Members and Staff Absent:
Mary Allen Scott Burnside Andrew Robblee Chris Stephenson
Public Attendees:
Mark Beausoleil Kenneth Boucher Jim & Robin Lord-Cook
Bill Greenwood John Kendall Dennis McKenney, LLS
David Mendonsa Gayle B. Rochford, LLS Philip Uy
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. Burnside. He also explained the procedure for the public meetings and public hearings.
Kevit, Marianne; File # 2007-05PB; Lot Line Adjustment ‘Place in the Woods’: Chairman Sawich opened the public meeting on the request of Marianne Kevit for a lot line adjustment of property located at 128 Concord Street, Antrim NH (Tax Map 232, Lots 035 & 035-001) in the Residential and Highway Business Districts. Chairman Sawich asked Mr. Houseworth to read aloud the public notice and advise the members of any letters that were received regarding the proposal. Mr. Houseworth read the public notice, stated that all abutters were properly notified, all return receipts were received, and one letter was received from an abutter. Chairman Sawich asked the applicants to present their proposal to the Board.
Mr. McKenney introduced himself, introduced Mr. John Kendall, and explained that Mr. Kendall is planning on purchasing the property known as ‘Place in the Woods,’ from Ms. Marianne Kevit. He stated that when the Kevits purchased the property in the 1970s it had already been subdivided into two (2) distinct lots and they are proposing to change some of the boundaries of the two lots. Mr. McKenney presented revised plans to the Board, explaining that a minor change was done involving the addition of another pin describing the boundary line between the two lots, near Ms. Kevit’s existing driveway. He pointed out on the plans that the original subdivision included a proposed road with a cul-de-sac at the end, which was never constructed, and is essentially a paper street. He stated that this is one of
the reasons they are proposing the lot line adjustment because one of the store buildings lies on an existing lot line, separating the two lots, while the other store building is in the same area where the road was initially proposed.
He explained that they propose to rearrange the lot lines for Map 232, Lot 035-001, which contains Ms. Kevit’s residence, reducing the existing acreage of 5 acres to 2.4 acres and leaving approximately two hundred and three (203’) feet of road frontage along Rt. 202. He explained that in all respects, both lots comply with the current zoning ordinances for area, frontage, and setback requirements. He explained that the balance of the area, 16.7 acres, would be included with the ‘Place in the Woods’ property (Tax Map 232, Lot 035), which has frontage in two different areas along Rt. 202; where the current driveway is for the store, and another area to the north of the abutting property owned by the Solins.
Mr. Kendall stated that the reason for the odd shaped portion of Ms. Kevit’s house lot along Rt. 202 is that they were trying to meet the frontage requirement of two hundred (200’) feet while also leaving some frontage for the ‘Place in the Woods’ property, south of the existing driveway, to post signs for the store. Mr. McKenney stated that it is obvious that a right of way easement will be established over lot 035 for the benefit of the Kevit’s residence, in order for them to continue to use the existing driveway which seems to work well. He added the note # 8 states that lot 035 will be encumbered by two easements, one for the access to lot 035-001 and one for the utilities which includes the well protection radius of seventy five (75’) feet for lot 035-001, which spills over into lot 035. Mr. Kendall explained that they also established a fifty (50’) foot setback around the entire property of lot 035-001 in order to keep the current commercial status.
Mr. Kendall also stated that in 1975 the state approved two different access sites for lot 035 and asked the Board that if the state allows him to develop another access, to the north of the Solin’s property, would he need to appear back in front of the Board for approval. Chairman Sawich stated that it would depend on whether or not the new driveway would cross any wetlands or disturb the twenty five (25’) foot wetlands buffer protective zone.
Chairman Sawich asked Mr. Houseworth if he felt the application was sufficiently complete for acceptance; he replied it was. Mr. Schacht moved to accept the application of Marianne Kevit for a lot line adjustment of property located at 128 Concord Street, Antrim, NH 03440 (Tax Map 232, Lots 035 & 035-001) in the residential and highway business districts, which was seconded by Mr. Snow. The roll call vote follows: Mr. Edwards – aye, Mr. Schacht – aye, Mr. Snow – aye, Ms. Wasserloos – aye, and Mr. Koziell – aye. The application was accepted by the Board.
Chairman Sawich opened the public hearing and asked if any abutters were present that would like to speak in favor of the proposal; there were none. Mr. Houseworth stated that one letter was received from Mr. John Giffin, whom is in favor of the proposal, which he read into the record and is on file at Town Hall. Chairman Sawich asked if any abutters were present that would like to speak against the proposal; there were none. Chairman Sawich asked if anyone else present would like to speak to this proposal; there were none. Chairman Sawich closed the public hearing, opened the public meeting for the Board deliberation period, and asked Mr. Houseworth to review the packets with the members regarding the various department reports.
Mr. Houseworth advised the members that a written waiver request form was submitted with the application, requesting a waiver for two (2) items on the checklist (Items 22 and 32), and read aloud the Fire Chief’s, Police Chief’s, and Conservation Commission’s reports; which essentially stated that they have no concerns regarding the lot line adjustment proposal. Chairman Sawich asked Mr. Houseworth to run through the checklist with the Board, which was done. In regards to item # 15 [B.3.a(11)], Mr. Houseworth stated that although the applicants didn’t submit a written waiver request for the requirement to delineate the wetlands, he felt that it was not necessary in this case because they are both existing, legal lots and suggested that the Board grant a waiver for this requirement rather than consider the
requirement not applicable. After a brief discussion, Mr. Snow moved to grant a waiver for the wetlands delineation requirement (item # 15 on the checklist), which was seconded by Mr. Edwards and unanimously passed. In regards to item # 22, Mr. Houseworth stated that a written waiver request was submitted by the applicants to waive the requirement that the topographical contour lines and elevation data be field run and delineated on the plan. Mr. Edwards moved to grant the written waiver request for item # 22 [B.3.a(18)], which was seconded by Mr. Schacht and was unanimously approved. In regards to item # 32, Mr. Houseworth stated that a written waiver request was also submitted by the applicants to waive the requirement that the existing soils be delineated on the plan. Mr. Edwards moved to grant the written waiver request for item # 32 [B.3.a(27)], which was seconded by Mr. Snow and was unanimously approved. The checklist was deemed complete.
Mr. Schacht moved to approve the application of Marianne Kevit, file # 2007-05PB, for a lot line adjustment or property located at 128 Concord Street, Antrim, NH (Tax Map 232, Lots 035 & 035-001) in the residential and highway business districts. Mr. Koziell seconded the motion. The roll call vote follows: Mr. Edwards – aye, Mr. Schacht – aye, Mr. Snow – aye, Ms. Wasserloos – aye, and Mr. Koziell – aye. Mr. Houseworth stated that the lot line adjustment had been approved and advised the applicants that they will receive a notice of decision in the mail.
Greenwood, Linda D. & William C.; File # 2007-04PB; Minor Subdivision: Chairman Sawich opened the public meeting on the request of William C. & Linda D. Greenwood for a minor subdivision of property located at 192 Elm Avenue, Antrim NH (Tax Map 214, Lot 001) in the Rural District. The applicant proposes to divide the property into three (3) lots. Chairman Sawich asked Mr. Houseworth to read aloud the public notice and advise the members of any letters that were received regarding the proposal. Mr. Houseworth read the public notice, stated that all abutters were properly notified, all return receipts were received, and no letters were received from any abutters. Chairman Sawich asked the applicants to present their proposal.
Ms. Gayle Rochford introduced herself and stated that they are proposing a minor three-lot subdivision on Elm Avenue, across from Ashley Road, on property owned by William and Linda Greenwood, which is currently approximately 11.2 acres. She explained that there is an existing house on the lot, which will be reduced to 2.28 acres, with 2.02 acres of contiguous uplands. She stated that the proposed new lot, abutting to the south, will be approximately 2.77 acres with 1.83 acres of contiguous uplands, while the rest of the original lot is proposed to be a back lot, consisting of 6.21 acres with 2.94 acres of contiguous uplands. She stated that they are proposing single family homes on the two new lots, the test pit data and results are in the packets, as well as the subdivision approval by NH DES for the proposed septic systems.
Mr. Edwards asked Ms. Rochford where she would propose to site the house for lot 5.3, as shown on the plan; she replied that it would have to be sited between the proposed wellhead and proposed 4,000 sq. ft. septic system area. Ms. Rochford stated that she didn’t provide topographical contour data for the portion of the back lot that is on the west side of Cochrane Brook because it is not part of the proposed buildable area of the lot. Chairman Sawich asked how much frontage is proposed for the back lot, Ms. Rochford replied 58.28 feet, which meets the Town’s requirement of fifty (50) feet, and the total area of the back lot is more than three times what is normally required in this district. Mr. Edwards asked Ms. Rochford what the proposed driveway slope is for the back lot, she replied that it doesn’t
exceed eight (8%) percent and it is a very gradual slope down to the lot. Mr. Schacht asked about the wetlands and Ms. Rochford stated that it is a wet site, there is a shallow water table, and the wetlands were delineated by the three main qualifications: soils, vegetation, and hydrology.
Chairman Sawich asked Mr. Houseworth if he felt the application was sufficiently complete for acceptance; he replied it was. Mr. Edwards moved to accept the application of William C. & Linda D. Greenwood for a minor subdivision of property located at 192 Elm Avenue, Antrim, NH 03440 (Tax Map 214, Lots 001) in the rural district, which was seconded by Mr. Schacht. The roll call vote follows: Mr. Edwards – aye, Mr. Schacht – aye, Mr. Snow – aye, Ms. Wasserloos – aye, and Mr. Koziell – aye. The application was accepted by the Board.
Chairman Sawich opened the public hearing and asked if any abutters were present that would like to speak in favor of the proposal; there were none. Chairman Sawich asked if any abutters were present that would like to speak against the proposal. Mr. Jim Cook stood up, introduced himself, and stated that he lives across the street. He stated that he has a development that was established behind him, not following the surveyed plan, and he is afraid the same thing is going to happen across the street. He explained that his property is now wetter than it ever was, because the drainage was not properly put it, and Ashley Road was upgraded, which took part of his front yard. He explained that they have always taken care of Ashley Road, it was a paper street that was never used as a road, and now it is paved across
the corner of his front yard.
Ms. Robin Lord-Cook introduced herself and stated that she also lives across the street from the proposal. She stated that she finds it hard to accept this proposal. She explained that when they moved in, they had assurances from the neighbors behind them that it would never be developed, and it was. She stated that they had assurances from the Greenwoods that they would never develop their property, it would be deeded over to their son, and now it is proposed to be subdivided. She explained that they bought their house in order to have a certain way of life, and a certain way of life for their children, and now it is being taken away from them by people that don’t even live there. She stated that their privacy is being destroyed by the noise, construction, and trucks and the destruction of all the
wetlands and wildlife habitat is criminal. She stated that she doesn’t think it should be allowed to happen and thinks the Board has a certain amount of moral obligation to the people that live in this area. She stated that the character of the road is being taken away by all of the new houses springing up like mushrooms, that aren’t selling, and knows it is not a legal argument but thinks it should still be considered none the less. She explained that she is planning on spending the rest of her life there and now it is being destroyed.
Mr. Mark Beausoleil introduced himself and stated that he lives at 198 Elm Avenue, which abuts the proposed property to the south. He explained that he is concerned with the proposed driveway for the back lot, which he is afraid will run along his property line. He stated that there are two culverts already present: one that was existing before and one that is from Ashley road, and he bets they are not even fifty (50’) feet apart. He stated that due to the upgrades to Ashley Road, all of the stormwater now drains onto these lots, which makes them very wet for four to five days. He stated that he has a brook that runs behind his house, and into the proposed back lot, and it hasn’t rained for a week and yet the old logging road in his backyard is still under eight (8”) inches of water. He
explained that there are a lot of wetlands and he has a lot of the same concerns as the Cooks. He stated that when he bought the land from the Greenwoods, they assured him that they would hold onto it, not subdivided it, and sell it as one lot if at all. He explained that he believes putting in more houses is going to destroy more wildlife habitat and he personally feels that the back lot is not buildable due to the very steep slopes that are greater than an eight (8%) percent slope. He stated that there is no place for the rain to go now and is concerned with where it is going to go in the future and asked how they propose to handle the stormwater runoff issues. He explained that he already has problems with stormwater on both sides of his property and he personally feels there are a lot more wetlands present on the site than what is depicted on the plan, suggesting that it be looked into further.
Mr. Edwards asked Mr. Beausoleil if the stormwater running onto his property is the result of the culvert being put in for Ashley Road, he replied yes, that it is partially from the Ashley Road culvert but also partially from the other existing culvert that drains from a fire pond. He explained that his property is very wet and there is water present almost year around in his backyard. Ms. Lord-Cook added that the lots on the other side of the road were always very wet and were further intensified by the upgrading of Ashley Road and the associated new culvert.
Chairman Sawich asked the applicants if they would like to respond to the comments and concerns made by the abutters. Ms. Rochford stated that in regards to the wetlands, they were mapped by a certified wetlands scientist in September and October of 2006. She explained that wetlands do not change and wetlands can be delineated whether there is standing water or not, the qualifications for the wetlands do not change. She explained that he is a certified, licensed wetland scientist by the state and she was out there with him, watching him delineate them. She stated that in regards to the back lot, the house is proposed in the uplands area, above Cochrane Brook, and they are not proposing to affect Cochrane Brook in any way. She stated that what they are proposing does not affect what was done to Ashley Road, on
the other side of the street. She explained that she understands people’s lack of desire to have any more houses in their neighborhood but people have the right to do what they wish with their land as along as it meets the town’s subdivision regulations and zoning ordinances.
Mr. Edwards asked about note # 12 on the plan and whether or not there had been any updates completed to the new floodplain maps, different from those from 1981. Mr. Houseworth stated that his understanding is that very little has changed on the new floodplain maps from the old ones in regards to the delineation of the floodplains and the flood zones. He explained that note # 12 states that the proposed lots are in ‘zone c’ and this zone is defined as area where shallow flooding occurs, outside of the 100-year and 500-year flood areas.
Chairman Sawich closed the public hearing, opened the public meeting for the Board deliberation period, and asked Mr. Houseworth to review the packets with the members regarding the various department reports and the updated checklist.
Mr. Houseworth read aloud the Fire Chief’s and Police Chief’s reports, which essentially stated that they have no concerns regarding this proposal. He read the Conservation Commission’s report which raised several concerns including: 1) the need for the applicants to obtain a Special Use Permit from the Board for the proposed driveway crossing of the Town’s twenty five (25’) foot wetland buffer zone on the back lot and the need for the applicants to meet with the Conservation Commission in order to discuss the commission’s Natural Resource Benefit Policy; 2) Mr. Beblowski feels that the subdivision is minimal at best and a majority of the proposed septic area on lot 5.3 extends within the fifty (50’) foot roadway setback area; and 3) Mr. Beblowski feels that the three lot subdivision is not
viable and the site would be more appropriate for a two lot subdivision. Mr. Edwards stated that he hopes the conservation commission will be invited to attend the site walk and the applicant will meet with the commission, in order for the Board to have a report from the commission regarding the meeting with the applicants by the next meeting on June 21. The Board reviewed the soils data sheet describing the test pit data for the two test pits and the NH DES approval for the proposed septic systems. Chairman Sawich asked Mr. Houseworth to review the checklist with the Board,
In regards to item # 8 on the checklist, Mr. Houseworth suggested that the Board require that new tax map and lot numbers be used on the plans in order to be consistent with our new tax maps. In regards to note # 6 on the plan, Mr. Houseworth suggested that the Board ask the applicants to provide a breakdown for each lot describing the square footage of each soil category type and the associated range of slope of each soil type in order for the Board to confirm that the proposed lots do meet the requirements of the wetland overlay zoning district. In regards to item # 15, he stated that the wetlands scientist stamp has not been provided but will need to be on the final plan. In regards to item # 22 on the checklist, Mr. Houseworth stated that although the applicant didn’t submit a written waiver request for the
partial topographical contour delineation of the proposed back lot, he suggests the Board grant a waiver to this checklist item, requiring the applicant to only delineate the topographical contours of the areas of the back lot that lie on the east side of Cochrane Brook. The Board decided to address this item of the checklist at the next meeting, after the site walk has been conducted. In regards to item # 36 on the checklist, Mr. Houseworth explained that a Special Use Permit will be required due to the proposed driveway of the back lot crossing the Town’s twenty five (25’) foot wetland buffer zone and the Board will have to address this issue after receiving a report from the Conservation Commission’s meeting with the applicants regarding their Natural Resource Benefit Policy. In regards to item # 41 on the checklist, Mr. Houseworth stated that the Board will have to receive some input from the Road Agent and potentially the Building Inspector
regarding the proposed locations of the new driveways and whether they meet the requirements for safe sight distances. Mr. Edwards stated that he would like the Board to reserve the right to discuss any previously covered issues if the Board obtains new information or concerns, after conducting the site walk.
The Board members and applicants scheduled a site walk for Friday, June 15, 2007 at 5 PM and Chairman Sawich informed the abutters that the applicants have agreed to allow the site walk to be open to the public to attend. Chairman Sawich continued the public meetings to Friday, June 15, 2007 for the site walk and Thursday, June 21, 2007 at 7:30 PM, for the next Board meeting.
Boucher, Kenneth & Sue; File # 2007-06PB; Commercial Permit/ Major Site Plan Review: Chairman Sawich opened the public meeting on the request of Ken & Sue Boucher for a commercial site plan review for property located at 1054 Concord Street, Antrim, NH Tax Map 204-015 in the Highway Business District. The applicant proposes to lease land to a third party for the sale of used automobiles, campers, heavy equipment, 4-wheelers, snowmobiles, motorcycles and related items. Mr. Houseworth read the public notice, stated that all abutters were properly notified, all return receipts were received, and two abutter letters were received. Chairman Sawich asked the applicants to present their proposal to the Board.
Mr. Boucher provided two different plans to the Board: a wetlands delineation plan completed by Beaver Brook Environmental Consultants, LLC, dated January 20, 2005; and a hand-drawn plan completed by Mr. Kenneth Boucher, titled ‘Business Plan for David Mendonsa,’ and dated June 2, 2007, showing an enlargement of the portion of the property at 1054 Concord Road which is proposed to be utilized for the potential commercial operation. Mr. Boucher stated that he has been trying to lease the land for quite some time and Mr. Mendonsa has approached him explaining that he is willing to lease the land to set up a used automobile, heavy equipment, and sport vehicles business. He explained that they already have a state approved ‘heavy truck access’ permit for the existing driveway on Route 202, have a gate
installed for the access, and showed the members on the plans were they are proposing to park the used vehicles and equipment for sales. He stated that he has permits from NH DES and the Army Corps of Engineers to fill most of the wetlands on the property and he indicated that the useable are of the lot will increase within the next year. He explained that they are ready to go and just want an approval from the Board to establish a new commercial business. He stated that they have a sign permit in place and he has spent a lot of money clearing the land for potential development.
Mr. Edwards asked Mr. Boucher who has access to the site to purchase the vehicles or equipment; he replied that Mr. Mendonsa will be incorporated and will be in charge of running the operation. Mr. Edwards stated that he read there will be no full time attendant on site. Mr. Boucher explained that they are setting it up so there won’t be a full time attendant and video cameras will be set up with sensors to record anyone entering or leaving the site. He explained that he is leasing the land to Mr. Mendonsa, who will be charging individuals to park their vehicles and equipment for sale on the site, and when an individual comes to the property and finds a vehicle they want to buy, they contact the seller of the vehicle directly, who will come down to the site to complete the transaction. Mr. Boucher explained that
Mr. Mendonsa will charge a certain amount per space per month for each vehicle or piece of equipment and don’t want to get involved at all in the sales of the items between the buyers and sellers. He stated that it will be a relatively small operation, they want to keep it simple, and they will open the gate in the morning and close it at night to keep people from trespassing and stealing the merchandise.
After a discussion about the adequacy of the plans and the completeness of the application, Chairman Sawich moved to table the application for thirty (30) days, continue the public meeting to July 12, 2007, and asked Mr. Boucher to provide to the Board a professional survey, conducted by a state licensed and certified surveyor, of the portion of the property that is proposed for the commercial operation in order to confirm that the proposal meets the town’s Subdivision and Site Plan Review regulations for a major site plan review. Mr. Snow seconded the motion. The Board’s roll call vote follows: Mr. Edwards – aye, Mr. Schacht – aye, Mr. Snow – aye, Ms. Wasserloos – aye, and Mr. Koziell – aye. Chairman Sawich stated that on July 12, 2007 the Board will then decide on the completeness
of the application and whether to formally accept or reject the application.
Approval of Planning Board Meeting Minutes: Mr. Edwards moved to approve the minutes of the May 17, 2007 Planning Board Meeting as corrected, which was seconded by Mr. Koziell and was unanimously passed.
Planning Staff & Budget Subcommittee: Mr. Houseworth provided the members with a letter from Mr. Edwards, Chairman of the Planning Board’s Planning Staff and Budget Subcommittee, dated June 7, 2007, outlining the subcommittee’s proposal to the Planning Board and Board of Selectmen regarding the reorganization the planning department. He also provided a draft job description for the position of ‘Planning Assistant’ to the members and stated that it will need to be approved by the Board of Selectmen. He advised the Board that the Planning Staff and Budget Subcommittee is scheduled to present their proposal to the Board of Selectmen during a ‘non-public’ session at their next regular meeting on Monday, June 11, 2007 at 6:30 pm.
Raise Certified Letters/ Mail Charges from $6.50 to $7.50: Mr. Houseworth advised the Board that the certified letter charges from the Post Office have increased by approximately a dollar and therefore he recommends that the Town increase its charges to issue certified letters for all land use applications from the current rate of six dollars and fifty cents ($6.50) to seven dollars and fifty cents ($7.50). Mr. Edwards moved to raise the charge of certified letters for all land use applications to $7.50. Mr. Snow seconded the motion, which unanimously passed.
In-Ex Homes, LLC; Road Bond Memo –Meeting with Water & Sewer Dept.: Mr. Houseworth provided the Board with a memo regarding a meeting that took place on May 23, 2007 between Mr. Houseworth, Jim Cruthers, Phil Marrotte, and Nate Chamberlin regarding the establishment of a road bond for Pleasant Street for the proposed earth excavation site on Pleasant Street (Tax Map 245, Lot 017) by Inex Homes, LLC, in the Rural District. He explained that the memo essentially states that Mr. Cruthers has no concerns about the water and sewer lines breaking or cracking due to the proposed excavation activities by Inex Homes, LLC and only suggested that a nominal amount of one thousand ($1,000) to two thousand ($2,000) dollars be added to the road bond to cover any potential damages to the water or sewer lines.
In-Ex Homes, LLC; Road Bond and Reclamation Bond Estimate Forms: Mr. Houseworth provided the members with copies of the ‘Reclamation Bond Estimate Form’ and the ‘Road Bond Estimate Form’ from Meridian Land Services and stated that they are currently being reviewed by the Town Engineer, Mr. Peter Pitsas.
Master Plan Committee: Mr. Houseworth informed the Board that the next Master Plan Committee meeting is scheduled for Monday, June 25, 2007 at 7 PM at Town Hall.
Preferred Development Zone Committee: Mr. Sawich stated that the next Preferred Development Zone Committee meeting is on Tuesday, June 26, 2007 at 7PM at Town Hall.
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,
Town Planner & Secretary of the Antrim Planning Board
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