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ANTRIM PLANNING BOARD
Minutes of the August 9, 2007 Board Meeting
Members & Staff Present:
Mary Allen |
Bob Edwards |
Bradley Houseworth |
Laurie Lemons |
Brian Sawich |
Stephen Schacht |
Chris Stephenson |
Kathi Wasserloos |
Members and Staff Absent:
Scott Burnside |
Joseph Koziell |
Andrew Robblee |
Sandy Snow |
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Public Attendees:
None
Chairman Sawich opened the public meeting at 7:00 PM, appointed Ms. Allen to sit for the absent Mr. Burnside, and appointed Mr. Stephenson to sit for the absent Mr. Robblee.
Inex Homes, LLC; File # 2007-02PB; Road Bond Estimate (Prepared by Town Engineer): Mr. Houseworth informed the Board that the applicants decided to not attend tonight’s meeting because the language for the Road Bond and Reclamation Bond is still being negotiated by the applicant’s lawyer and Town Counsel. He explained that once the two bonds have been set and are approved by Town Counsel, the only other conditions that are still left to met before the Board can issue the excavation permit are the following: 1) video (footage) of the intersection of the access road to the lot and Pleasant Street, and 2) any applicable state and federal permits. He stated that the applicants will be in front of the Board at the next meeting scheduled for Thursday, August 23, 2007 at 7 PM at the Antrim Town Hall for
their six (6) house lot residential cluster housing subdivision proposal for the same property on Pleasant Street.
Approval of Planning Board Meeting Minutes: Ms. Wasserloos moved to approve the minutes of the July 26, 2007 Planning Board Meeting as presented, which was seconded by Mr. Schacht and was unanimously passed.
Mighty Oaks Realty, LLC; File # 2005-03PB; Mulhall Heights Subdivision Update: Mr. Houseworth presented the members with a short memo, dated August 2, 2007, providing an update on the status of the road construction and road bond for the Mulhall Heights Subdivision on Route 202 (Tax Map 217, Lots 3 – 24). He explained that an irrevocable Letter of Credit was issued to cover the cost of the new road construction for the subdivision on March 27, 2006 in the amount of $600,000.00 to the Town of Antrim on behalf of the developer, Mighty Oaks Realty, LLC. He stated that the irrevocable letter of credit has been reduced several times based upon the amount of work completed to date and it was most recently reduced to $113,975.88 on August 2, 2007 per a request by the developer and approved by the Town Engineer,
Mr. Pitsas. Mr. Houseworth stated that Mr. Pitsas has mentioned that the developer has done a really nice job on the newly constructed road and stated that they don’t have much more work to do in order to complete the road. He explained that the irrevocable letter of credit expires on March 27, 2008 and if the work is not yet completed by this date, the issuer will automatically call the bond and issue a check to the Town of Antrim in the amount of the balance on or before it expires.
Kateco Developing, LLC; File # 2005-05PB; Homes at High Hills Subdivision Update: Mr. Houseworth presented the members with a short memo, dated August 7, 2007, providing an update on the status of the road construction and road bond for the Homes at High Hills Subdivision off Elm Avenue and Ashley Road (Tax Map 215, Lots 4 – 13). He explained that an irrevocable Letter of Credit was issued to cover the cost of the new road construction (Green Ridge Road) for the subdivision on June 21, 2006 in the amount of $225,545.00 to the Town of Antrim on behalf of the developer, Kateco Developing, LLC. He explained that the irrevocable letter of credit guarantees, but is not limited to, the following improvements: 1) construction of 1,537 linear feet of roadway along with all associated utilities; 2) restoration of
the site and the control of erosion; and 3) the setting of all monuments. He stated that the irrevocable letter of credit has been reduced twice based upon the amount of work completed to date and it was most recently reduced to $54,236.50 on December 11, 2006 per a request by the developer and approved by the Town Engineer, Mr. Pitsas. Mr. Houseworth stated that Mr. Pitsas has mentioned that the developer has recently contacted him to address some of the current erosion issues at the site observed by Mr. Pitsas, including hydroseeding the disturbed areas and cleaning out debris from the storm drains, and is currently trying to set up a meeting with Mr. Pitsas so that he can bring the new contractor (Mr. Chris Dunn of Modern Builders) up-to-speed on the existing work to-do-list. Mr. Pitsas stated that the developer hopes to have a final schedule outlining when tasks will be completed finalized by the third week in August at the latest.
He explained that the irrevocable letter of credit was issued for a fourteen (14) month period and if all improvements are not completed by August 1, 2007, then the issuer shall automatically consider the letter of credit called and issue a check to the Town of Antrim in the amount of the balance. He stated that because August 1, 2007 has passed, he contacted the issuer and confirmed the remaining balance of the letter of credit and asked if a check was issued to date; it was not. He recommended that the Board ask for Town Counsel’s opinion on how to handle the situation and letter of credit in order to be assured that the Town still has the proper security.
Estate of Donald Knapton; File # 2005-12PB; Pierce Lake Estates II Subdivision Update:
Mr. Houseworth presented the members with a short memo, dated August 8, 2007, providing an update on the status of the road construction and road bond for the Pierce Lake Estates II Subdivision off the south side of Pierce Lake Road (Tax Map 206, Lots 42 – 50). He explained that a Subdivision Performance Bond was issued to cover the cost of the new road construction (Knapton Circle) for the subdivision on May 8, 2006 in the amount of $275,425.00 to the Town of Antrim on behalf of the developer, Glover Construction, Inc. He stated that the subdivision performance bond has been reduced twice based upon the amount of work completed to date and it was most recently reduced to $78,257.50 on October 31, 2006 per a request by the developer and approved by the Town Engineer, Mr. Pitsas. Mr. Houseworth stated that Mr. Pitsas
has mentioned that since he sent the developer a letter outlining a number of major areas of concern regarding erosion issues observed at the site by the Road Agent and himself, the developer has addressed a number of the erosion concerns and is in the process of completing the construction of the road. Mr. Houseworth explained that the subdivision performance bond was issued for a one year period (May 8, 2006 – May 8, 2007) and that if the developer doesn’t complete the work within the one year timeframe (which they didn’t), the bond will remain in full force and effect. He suggested getting Town Counsel’s opinion on the language of this bond so the Board is aware of its options to provide adequate security for the Town until the road is completed.
CBS Holdings, LLC; File # 2006-01PB; Cloud Court Subdivision Update: Mr. Houseworth presented the members with a short memo, dated August 8, 2007, providing an update on the status of the road construction and road bond for the Cloud Court Subdivision on Clinton Road, Route 31, (Tax Map 220, Lots 32). He explained that the previous Town Planner, Mr. Vasques, sent a letter to the developer, CBS Holdings, LLC, on May 10, 2006 requesting that a bond, letter of credit, or escrow account be posted (subject to approval by our Town Counsel) in the amount of $222,995.00 to cover the cost of the new road construction (Cloud Court) for the subdivision. He stated that Mr. Vasques also sent with this letter an “Agreement for Subdivision Construction Monitoring” in the amount of $8,300.00 which needed to be
signed by the developer, acknowledging the fact that they will pay for the construction monitoring services provided by the Town Engineer, Mr. Pitsas, of Underwood Engineering, Inc. He stated that Mr. Vasques explained that 50% of the construction monitoring services was due before the pre-construction meeting is held and 50% was due before the final mylars can be signed. He explained that based upon a substantial culvert design change at the entrance of the project, requested by NH DES because of a rare turtle species observed in the area, Mr. Pitsas revised his original road bond estimate amount from $222,995.00 to $281,510.00 in a letter to Mr. Vasques on October 3, 2006. In addition, Mr. Pitsas also revised his construction monitoring services estimate because of the increases complexity of the culvert work from $8,300.00 to $8,800.00.
Mr. Houseworth explained that a road bond, letter of credit, or escrow account was never issued to the Town for the construction of the road nor was the agreement ever signed by the developer. He stated that CBS Holdings, LLC never paid any of the $8,800.00 owed for the construction monitoring services and a preconstruction meeting was therefore never held. He explained that unfortunately the final mylar was signed, in error, by the secretary and chairman of the planning board, and was sent and recorded at the Hillsborough County Registry of Deeds, without a posting of a bond, letter of credit, or escrow account, without a signed “Agreement for Subdivision Construction Monitoring,” and without any payment of the costs for the construction monitoring services to be provided by the Town Engineer. He stated that
therefore the Town is left with a new subdivision that was conditionally approved by the Board on April 6, 2006, does not have any road constructed as identified on the plans, and has no security or funds to construct the road in order to provide adequate road frontage for a majority of the lots.
He explained that he needs to review the file, but it appears that there are also other conditions that still haven’t been met by the applicant, and therefore the Board really has little choice but to hold a public hearing to consider the possible revocation of the Cloud Court Subdivision approval. Mr. Houseworth provided a proposed letter to CBS Holdings, LLC, reviewed and approved by Town Counsel, dated August 9, 2007, stating that on Thursday, September 6, 2007 at 7 PM at the Antrim Town Hall the Board will be holding a public hearing to consider the possible revocation of the Cloud Court subdivision approval. After a brief discussion and review of the proposed letter by the members, Mr. Schacht moved to send the letter, as presented, which was seconded by Mr. Edwards, and was unanimously approved. Mr. Houseworth
stated he would send the letter out ASAP by certified mail to be assured that CBS Holdings, LLC receives it and a public notice will soon be sent identifying all of the conditions of approval the applicant has not met to date and the reasons why the Board is holding a public hearing to consider revocation of the subdivision as specified in RSA 676:4-a (Revocation of Recorded Approval).
White Birch Point Road Bridge Project - Emergency Culvert Replacement/ Bridge Project: Mr. Houseworth provided the members with a letter, dated April 2, 2007, from Quantum Construction Consultants, LLC (QCC) addressed to the NH DES Wetlands Bureau, stating that QCC has prepared a Standard Dredge and Fill application for a proposed culvert replacement with a bridge structure on White Birch Point Road over Great Brook in the Town of Antrim. QCC stated in the letter that this project is considered an emergency culvert replacement/ bridge project by FEMA and NHDOT and has been approved for emergency construction funding through FEMA and the NH DOT Municipal Bridge Aid Program. QCC stated that construction should begin as soon as possible.
Tatro, Douglas – NH DES Wetlands Bureau (Complaint on the property of Mr. LaValley): Mr. Houseworth presented the members with a letter, dated July 13, 2007, from the NHDES Wetlands Bureau addressed to Mr. Douglas Tatro of 38 Pleasant Street in Antrim, regarding a complaint, File # 2007-01523, of possible violations on the property of Barry LaValley, alleging that Mr. Tatro grubbed in a jurisdictional wetland without a permit or proper authorization from NH DES. He stated that there is no action required by the Board but NH DES has added it to their scheduled inspection list and they asked Mr. Tatro to respond to the notice of complaint by providing comments in writing within twenty (20) days of the date of the letter. He stated that NH DES has the authority to take enforcement action which may include
restoration of the wetland or imposition of an administrative fine. He explained that the Board should be kept abreast of the situation in case it wants to require a special use permit be obtained by Mr. Tatro.
Town of Hopkinton; Public Notice-Personal Wireless Service Facility Proposed by Verizon: Mr. Houseworth presented the members with a public notice, dated July 31, 2007, from the Town of Hopkinton Planning Board regarding a proposal by Cellco Partnership d/b/a Verizon Wireless (VZW) to construct a personal wireless service facility (PWSF) consisting of a ninety (90’) foot monopine-style telecommunication tower and related equipment shelter within a fenced-in compound on property owned by Mr. George Brown and located on 845 Upper Straw Road in Hopkinton, NH. The public meeting is scheduled on Tuesday, August 14, 2007 in order to consider the application materials.
Code Enforcement – Portable Sign Issue with Jest Flooring, 24 Main Street, Antrim, NH: Mr. Houseworth presented the members with a letter, dated August 7, 2007, from the Town Code Enforcement Officer, Mr. Jeff Parsons, addressed to STCT Enterprises, LLC (Jest Flooring) at 24 Main Street in Antrim, informing them that the existing portable sign on the property is illegal because the property is in the Village Business District. He explained that the owner would have to obtain a variance from the Zoning Board in order to keep the portable sign or explore other legal avenues for signage as specified in the Sign Ordinance (Article XVII).
Mr. Schacht made a motion to adjourn which was seconded by Ms. Wasserloos. Chairman Sawich adjourned the meeting at 8:30 PM.
Respectfully submitted,
Bradley Houseworth, Town Planner & Secretary of the Antrim Planning Board
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