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ANTRIM PLANNING BOARD
Minutes of the July 26, 2007 Board Meeting
Members & Staff Present:
Mary Allen |
Scott Burnside |
Bob Edwards |
Bradley Houseworth |
Joseph Koziell |
Andrew Robblee |
Brian Sawich |
Stephen Schacht |
Alex Snow |
Kathi Wasserloos |
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Members and Staff Absent:
Chris Stephenson
Public Attendees:
Juliet Ermitano |
Tamara Groff |
Peter Mellen |
Bob Ofenstein |
Jeff Parsons |
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Chairman Sawich opened the public meeting at 7:00 PM, introduced himself and the Board, and explained the procedure for the public meetings and public hearings.
Francis, Brian; File # 2006-06ZBA; Letter & Certificate of Appreciation Presentation: Chairman Sawich welcomed Mr. Brian Francis, his family, and friends to the Board’s meeting and expressed his sincere appreciation for Mr. Francis’ work constructing a sheltered pavilion at the Town Beach on Gregg Lake in Antrim and congratulated him for his great achievement of becoming an Eagle Scout. Chairman Sawich, on behalf of the Board of Selectmen, the Planning Board, and Zoning Board of Adjustment, presented Mr. Francis with a letter and certificate of appreciation for his efforts at the Town Beach on Gregg Lake and proudly read the letter and certificate aloud to the audience. Mr. Houseworth stated that Mr. Don Winchester, the Zoning Board of Adjustment Chairman, sends his gratitude to Mr. Francis for
his efforts and congratulates him on his achievements as he could not attend the presentation due to an illness.
Approval of Planning Board Meeting Minutes: Mr. Edwards moved to approve the minutes of the July 12, 2007 Planning Board Meeting as corrected, which was seconded by Mr. Burnside and was unanimously passed.
Juliet Ermitano – Antrim Marketplace & Enforcement of the Sign Ordinance: Mr. Houseworth advised the Board that Ms. Juliet Ermitano and the Town of Antrim Building Inspector, Mr. Jeff Parsons, requested a meeting be held with the Planning Board regarding the interpretation and enforcement of the sign ordinance, Article XVII of the Town of Antrim Zoning Ordinances. Mr. Parsons had recently made Ms. Ermitano aware that the portable sign on her property at 76 Main Street (Tax Map 103, Lot 5) is illegal because the property lies within the Village Business District and the sign is greater than six (6) square feet in size. Ms. Ermitano wanted clarification from the Board regarding what types and sizes of signs are allowed in the Village Business District and expressed concerns about the Board being
consistent in its enforcement of the sign ordinance for all properties within the Village Business District. After a lengthy discussion, Ms. Ermitano agreed to remove the portable sign and re-establish a grandfathered sign in order to properly display her weekly specials for the Antrim Marketplace. Mr. Parsons suggested that the Board update and revise the sign ordinance to accommodate situations like this where there are three (3) or more businesses or premises on one legal lot.
Paige, Donald & Edythe; File # 2007-08PB; Lot Line Adjustment: Chairman Sawich opened the public meeting on the request of Donald and Edythe Paige for a lot line adjustment of properties located at 3 Pleasant Street (Tax Map 104, Lot 43) and 4 High Street (Tax Map 104, Lot 47), Antrim, NH 03440 in the Residential District. The applicant proposes to merge three (3) existing parcels of land into two (2) lots via a lot line adjustment. Chairman Sawich asked Mr. Houseworth to read aloud the public notice, which he did, and advise the Board of any abutter letters that may have been received by the Planning Department Staff. Mr. Houseworth explained that all eleven (11) certified letter receipts were returned by the abutters and no letters were submitted regarding this proposal. Chairman Sawich asked
Mr. Peter Mellen, the applicant’s agent, to stand and present the proposal to the Board.
Mr. Mellen explained that the Paiges own three (3) separate tracts of land, two (2) of which have existing houses on them, one on High Street and one on Pleasant Street. He stated that the third tract has a rectangular shape, is currently part of the parcel on 3 Pleasant Street (Tax Map 104, Lot 43), and has no road frontage. He explained that the Paiges want to eliminate the third tract by adjusting the existing lot lines and annexing a portion of the third lot to the parcel on 3 Pleasant Street and a portion to the parcel at 4 High Street (Tax Map 104, Lot 47). Ms. Allen asked Mr. Mellen how this third tract came to be in existence without any road frontage; he explained that the Paiges acquired several separate tracts of land over the years.
Mr. Mellen explained that the applicants have requested waivers for the five (5) following items on the lot line adjustment checklist: 1) Item B.3.a(11) – Location of wetlands; 2) Item B.3.a(12) – Location of waterbodies, streams, rock ledges, drainage ditches, and bridges if applicable; 3) Item B.3.a(17) – Location of all soil test pits, test borings, percolation test pits and 4000 sq. ft. septic areas; 4) Item B.3.a(18) – The existing grades and topographical contours; and 5) Item B.3.a(27) – Existing soils delineation based on the “Soils Survey of Hillsborough County, New Hampshire, Western Part.” He explained that they are requesting waivers to these requirements because they are typically utilized by the Board to determine the suitability of a site for residential or commercial
development. He explained that the proposal before the Board is a lot line adjustment in which three currently existing lots will be reconfigured into two lots. He stated that the resulting two lots are currently occupied by dwellings serviced by municipal sewer and water and no new dwellings are proposed as a result of this application. Ms. Wasserloos asked Mr. Mellen if Great Brook runs through these properties; he replied no and stated that Great Brook runs through an abutting property that is not part of this proposal.
Mr. Edwards asked if the result of this lot line adjustment will allow lot 47 to be sub-dividable; Mr. Houseworth explained that lot 47 could be subdivided as it currently exists if the subdivision proposal would include another dwelling serviced by the Town water and sewer system. He stated that therefore the result of this lot line adjustment will still allow lot 47 to be a potential candidate for subdivision in the future while allowing lot 43 to be reduced in size but still comply with the minimum lot size requirements of a lot serviced by the Town water and sewer system within the Residential Zoning District. Mr. Snow asked Mr. Mellen why the Paiges are going through the lot line adjustment process if they already own all three (3) tracts of land; he stated that he believes it is the applicant’s intention to convey lot
47 at 4 High Street to his son, who currently occupies the house, and then construct a garage on lot 47. Chairman Sawich asked the members if they had any other additional questions for Mr. Mellen; there were none.
Chairman Sawich asked Mr. Houseworth to take the Board through the documentation packet and the checklist. Mr. Houseworth explained that three (3) of the six (6) department reports were received from the various Department Heads but none of them had any issues, concerns, or problems with the proposal. He reviewed the checklist with the Board, addressing those items that were deemed to be incomplete by the Planning Staff and/ or those which written waiver requests were submitted by the applicant. In regards to item # 15, B.3.a(11), Mr. Burnside moved to grant the written waiver request for the location and delineation of the wetlands, which was seconded by Mr. Robblee, and was unanimously approved. In regards to item # 16, B.3.a(12), Mr. Burnside moved to grant the written waiver request for the location of
waterbodies, streams, rock ledges, drainage ditches, and bridges, which was seconded by Mr. Schacht, and was unanimously approved. In regards to item # 21, B.3.a(17), the Board deemed this requirement to be not applicable because the two existing dwellings are currently serviced by the Town water and sewer system. In regards to item #22, B.3.a(18), Mr. Burnside moved to grant the written waiver request for the delineation of the existing grades and topographical contours, which was seconded by Mr. Robblee, and was unanimously approved. In regards to item # 32, B.3.a(27), Mr. Schacht moved to grant the written waiver request for the existing soils delineation, which was seconded by Mr. Burnside, and was unanimously approved. The Board deemed the rest of the items on the checklist to be either satisfied or not applicable.
Mr. Edwards moved to accept the application of Donald and Edythe Paige, File # 2007-08PB, for a lot line adjustment of properties located at 3 Pleasant Street (Tax Map 104, Lot 43) and 4 High Street (Tax Map 104, Lot 47), Antrim, NH 03440 in the Residential District. Mr. Burnside seconded the motion. The roll call vote follows: Mr. Schacht – aye, Mr. Edwards – aye, Mr. Burnside – aye, Mr. Snow – aye, Mr. Robblee – aye, and Ms. Wasserloos – aye.
Chairman Sawich closed the public meeting, opened the public hearing, and asked if there were any abutters or citizens present that would like to speak either in favor or against this proposal; there were none. He closed the public hearing, opened the public meeting, and asked the members if they had any other questions for Mr. Mellen; there were none.
Mr. Snow moved to approve the application of Donald and Edythe Paige, File # 2007-08PB, for a lot line adjustment of properties located at 3 Pleasant Street (Tax Map 104, Lot 43) and 4 High Street (Tax Map 104, Lot 47), Antrim, NH 03440 in the Residential District without conditions. Mr. Edwards seconded the motion. The roll call vote follows: Mr. Schacht – aye, Mr. Edwards – aye, Mr. Burnside – aye, Mr. Snow – aye, Mr. Robblee – aye, and Ms. Wasserloos – aye. Mr. Houseworth informed Mr. Mellen that the lot line adjustment had been approved by the Board and the applicant would receive a notice of decision in the mail, signed by Chairman Sawich.
Planning Board DRAFT By-Laws (Revisions through 6/21/07): Mr. Houseworth provided the members with an updated draft of the proposed Planning Board By-Laws and explained that they include the revisions suggested by the members during their last review of them on June 21, 2007 and those recently proposed by Mr. Houseworth. The Board reviewed the Planning Board By-Laws and made a number of minor changes to the draft. Mr. Houseworth stated that he would make all of the suggested changes by the members and provide a revised draft of the Planning Board By-Laws to Town Counsel for review.
Inex Homes, LLC; File # 2007-02PB; Road Bond Estimate (Prepared by Town Engineer): Mr. Houseworth provided the members with a letter dated July 24, 2007, addressed to the Board, from the Town Engineer, Mr. Peter Pitsas of Underwood Engineers, Inc., regarding the requested road bond estimate for the entrance to the existing gravel pit for property owned by Inex Homes, LLC, on the south side of Pleasant Street in Antrim. Mr. Pitsas explained in his letter that the bond is intended to cover the costs associated with reconstructing Pleasant Street in the vicinity of the existing entrance to the property only, totaling $40,972.50. Mr. Schacht moved to accept the proposed road bond dollar amount, as prepared by Mr. Peter Pitsas in his letter to the Board, which was seconded by Mr. Snow. The roll call vote
follows: Mr. Schacht – aye, Mr. Edwards – aye, Mr. Snow – aye, Mr. Robblee – aye, and Ms. Wasserloos – aye. Mr. Burnside recused himself from the roll call vote as he is in the same professional business.
Mr. Houseworth also provided the members with a copy of a road bond and reclamation bond which were established by Mr. Phil Marrotte, the owner of Inex Homes, LLC, on July 25, 2007, for the amounts previously discussed by the applicant and Board members. After a lengthy discussion, the Board agreed in principle to the dollar amounts of the reclamation bond and road bond established by Mr. Marrotte, but want the language of the two bonds revised to better protect the Town’s interests and the town road infrastructure. In addition, numerous members of the Board raised concerns about the length of both bonds being only for one (1) year periods. The Board requested that Mr. Houseworth send the two bonds to Town Counsel for review, in order to suggest language changes that may be more acceptable to all parties involved, and
to determine a proper time period for both. Mr. Houseworth explained that the reclamation bond was posted at $36,000 dollars, which covers the reclamation bond proposed by Meridian Land Services, and is based on a unit price of $4,500 dollars per acre for a total excavation area of 7.8 acres. He stated that the road bond was posted at $41,000 dollars, which covers the proposed road bond prepared by the Town Engineer, Mr. Peter Pitsas.
Zeke & Mack’s Realty, LLC; File # 2006-11PB; Pit Operations on Saturdays: Mr. Houseworth informed the members that he received two separate complaints from abutters regarding the pit operators of Zeke & Mack’s Realty, LLC working after the agreed upon hours of operation on Saturday, June 23rd at their excavation site located on Elm Avenue in Antrim. The Board and applicant agreed to the following ‘Hours of Operation’: ‘7:00 AM to 5:30 PM Monday thru Friday and 7:00 AM to 12:00 PM on Saturday,’ and a note stating these hours of operation was placed on the final excavation and reclamation plan. Mr. Houseworth stated that one abutter complaint was from 2:08 PM on Saturday, June 23, 2007 and the other was from 3:45 PM on Saturday, June 23, 2007. He
explained that he made the code enforcement officer, Mr. Jeff Parsons, aware of the complaints, upon which Mr. Parsons issued a letter, dated June 25, 2007, to Kris and Lisa Stewart, owners of Zeke & Mack’s Realty, LLC, stating that if more complaints are received in regards to pit operations after the specified and agreed upon hours of operation, he would have to issue a Notice of Violation and post a Cease and Desist. Mr. Houseworth stated that he believes there seems to be a misunderstanding between the abutters, board members, and the pit operators for what constitutes ‘hours of operations,’ and suggest that in the future the Board be more specific with such restrictive language on the excavation plans.
Discussion with Spencer Garret – Update Report – Inspections of Excavation Sites: Mr. Houseworth advised the members that he met with Mr. Spencer Garrett, P.E., regarding a previous agreement made by Mr. Garret and Mr. Paul Vasques, in which Mr. Garret would be paid by the Board to inspect all currently operating excavation sites in town to make sure they comply with the Town’s Excavation and Reclamation Regulations, specifically the pit operating standards and the excavation reclamation standards. After a short discussion, Mr. Garret stated that he would let Mr. Houseworth know in the near future whether or not he was interested in conducting these inspections for the excavation sites for the current year. Mr. Houseworth explained that Mr. Garret made it very clear that he only does
inspections, not code enforcement.
Homes at High Hills Subdivision; File # 2005-05PB; Gravel Grade Shots Report: Mr. Houseworth presented the members with a letter dated July 5, 2007, addressed to Ms. Katie Cook of Kateco Developing, LLC, from the Town Engineer, Mr. Peter Pitsas of Underwood Engineers, Inc., providing her with the requested roadway subbase (bankrun gravel) and base (crushed gravel) grade shots for the Homes at High Hills Subdivision. Mr. Pitsas stated that the bankrun gravel grades that were approved with the Contractor were a little lower (1” to 2”) than the plan grade for two (2) reasons: 1) it is difficult to place a shim layer using a 6” minus material; and 2) it is time consuming. Mr. Pitsas stated that because of this, most contractors typically elect to place a little extra crushed gravel to make up the
difference, which is the situation in this case. He also stated that the contractor elected not to crown the bankrun gravel surface, which for a gravel base width of 13’, would require an additional 3” of crushed gravel at the roadway centerline. Additional crushed gravel was placed on the site for this purpose.
Homes at High Hills Subdivision; File # 2005-05PB; Site Erosion Report: Mr. Houseworth presented the members with a letter dated July 23, 2007, addressed to Ms. Katie Cook of Kateco Developing, LLC, from the Town Engineer, Mr. Peter Pitsas, regarding some site erosion issues at the Homes at High Hills Subdivision observed by himself and the Town Road Agent, Mr. Bob Varnum, on Thursday, July 19, during a recent check on the stability (erosion-wise) of the site. Mr. Pitsas stated in his letter that they would like to have the site stabilized as soon as possible and requested that Ms. Cook provide the Town Engineer and Board with a schedule to stabilize the site, along with a schedule for the completion of the project by Thursday, July 26, 2007. Mr. Pitsas explained in the letter that it appears that most of the
seed that was placed last year did not take or died and the numerous hay bales placed around the catch basins along Green Ridge Road are preventing storm water from flowing into them, forcing the water to flow across the street. Mr. Houseworth stated that Ms. Cook informed Mr. Pitsas that they would hydro-seed the site.
Pierce Lake Estates II Subdivision; File # 2005-12PB; Site Erosion Report: Mr. Houseworth presented the members with a letter dated July 23, 2007, addressed to Mr. Don Glover of Glover Construction, Inc., from the Town Engineer, Mr. Peter Pitsas, regarding site erosion issues at the Pierce Lake Estates II Subdivision off Pierce Lake Road in Antrim. Mr. Pitsas explained that because he hadn’t heard from Mr. Glover or the contractor (Dig-Rite Excavating) and it appeared that no road work had been completed on the site since last fall, he and the Town Road Agent, Mr. Bob Varnum, visited the site to check on the status of the project and are very concerned about the continued erosion of the site. Therefore, Mr. Pitsas identified major areas of concern in his letter to Mr. Glover and requested that he supply
the Town with a schedule to stabilize the site, along with a schedule for the completion of the project by Thursday, July 26, 2007.
Mighty Oaks Realty, LLC; File # 2005-03PB; Letter of Credit Reduced to $173,131.53: Mr. Houseworth presented the members with a letter, dated July 12, 2007, from Mr. Brian Messier, Assistant Vice President of the Ocean National Bank branch in Portsmouth, NH, confirming that the letter of credit for Mighty Oaks Realty, LLC for the Mulhall Heights Subdivision was reduced by $97,511.04 to leave a balance of $173,131.53 as requested by the applicant and approved by the Town Engineer. He explained that the original letter of credit amount was $600,000, it expires on March 20, 2008, and all other terms and conditions remain the same.
Town of Dublin; Public Notice (Telecommunications Tower Proposal by Nextel): Mr. Houseworth presented the members with a public notice, dated July 18, 2007, from the Town of Dublin Planning Board regarding a proposal by National Grid Communications (Gridcom) and co-applicant Nextel Communication of the Mid Atlantic (Nextel) to construct a one hundred (100’) foot telecommunication tower on property identified as 47 Valley Road (Tax Map 4, Lot 57) in Dublin, NH. The public meeting is scheduled for 7:30 PM on Thursday, August 2, 2007 in the Dublin Town Hall and the proposal is deemed to be a Development of Regional Impact.
Neff, Walter; NH DES Minimum Impact Expedited Application: Mr. Houseworth presented the members with a New Hampshire Department of Environmental Services (NHDES), Wetlands Bureau, Minimum Impact Expedited Application, dated July 20, 2007, submitted by Mr. Walter Neff of 34 Main Street, Antrim, NH. He explained that Mr. Neff proposes to repair damage incurred during the floods of 2004-2007 and this application is a resubmission of a denied NH DES Application (#2006-02571), due to a failure to provide requested information within the allotted amount of time. He stated that the scope of the project is to remove rocks that are impeding the flow of water under the bridge/ deck and repair structural damages to the bridge itself which crosses Great Brook in downtown Antrim. He stated that they would like to
replace broken support timbers under the bridge, and reset stones in the bridge abutment, which are causing turbulence and ice jams under the bridge determined to cause internal flooding of the mill. Mr. Houseworth stated that he has spoken with Mr. Beblowski, Chair of the Conservation Commission, about this proposal and he has no concerns nor sees any reason to intervene.
Inex Homes, LLC; NH DES Standard Dredge & Fill Permit Letter: Mr. Houseworth presented the members with a letter from the NHDES Wetlands Bureau regarding a Standard Dredge and Fill Application (#2007-01451) which was submitted by Inex Homes, LLC on June 26, 2007. He explained that the letter from NHDES acknowledges that the Standard Dredge and Fill application has been accepted as administratively complete but the agency may request additional information or fees as necessary to comply with RSA 482-A and other wetlands administrative rules. He stated that the application was submitted by Inex Homes, LLC for their proposed subdivision on the south side of Pleasant Street in Antrim, which includes a proposal to replace a culvert associated with an existing crossing over a perennial stream with an open bottom
box culvert to accommodate a proposed road. He explained that the project also consists of constructing a second crossing over the PFO1E wetland to accommodate a drive to a proposed lot and extending an existing 15” CMP culvert to accommodate the proposed road, for a total of three (3) separate wetland impacts. Mr. Houseworth explained that he has put a copy of the application and letter in Mr. Beblowski’s mailbox for review. He stated that he believes there is no need for the Board to intervene because two of the three proposed wetland impacts are enhancements of two existing crossings and all three proposed wetland impacts are minimized by being located at the narrowest points of the wetlands, minimizing the amount of fill needed by constricting the slope grading, and include the installation of erosion control/ silt fences.
NH Local Government Center; 20th Annual Municipal Volunteer Awards: Mr. Houseworth provided the members with an announcement from the NH Local Government Center (LGC) stating that they will be giving recognition at its annual conference in November to a few outstanding individuals whose efforts and dedication to community services can serve as a model for the type of volunteer involvement without which town and city governments could not function. The NH LGC is looking for nominations from towns across the state, which may be submitted on the nomination form attached to the announcement. The deadline is 8-31-07.
Master Plan Committee: Mr. Houseworth informed the Board that the next Master Plan Committee meeting has not yet been scheduled and he will inform the members when it is.
Preferred Development Zone Committee: Mr. Houseworth informed the Board that the next Preferred Development Zone Committee meeting has not yet been scheduled.
Mr. Edwards made a motion to adjourn which was seconded by Mr. Burnside. Chairman Sawich adjourned the meeting at 9:50 PM.
Respectfully submitted,
Bradley Houseworth,
Town Planner & Secretary of the Antrim Planning Board
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