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Planning Board Minutes 08/23/07
ANTRIM PLANNING BOARD OF MEETING

August 23, 2007 Meeting


Members & Staff Present:

Bradley Houseworth
Laurie Lemons
Bob Edwards
Andrew Robblee
Brian Sawich
Steve Schacht
Sandy Snow
Chris Stephenson

                                                                        
Member & Staff Absent:  

Mary Allen      
Scott Burnside
Joe Koziell
Kathy Wasserloos


Public Attendees:
Sam Bonacci
Nate Chamberlin
Micheline DeRosa
John Gordon
Susan Gordon
Pamela Matthews 
Phil Marrotte
David Tower     
Mr. Sawich convened the meeting at 7:00 PM, introduced the Board members, and appointed Mr. Stephenson to sit for the absent Mr. Burnside.


IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal:
Mr. Stephenson recused himself from the Board as he is an abutter.  Chairman Sawich opened the public meeting on the request of IN’EX Homes, LLC for a major subdivision of property located on the South side of Pleasant Street (Tax Map 245, Lot 017), Antrim, NH 03440 in the Rural Zoning District.  Chairman Sawich asked Mr. Houseworth to read the public notice aloud, which he did, and asked if it was advertised properly in the newspaper and sent to all abutters.  Mr. Houseworth stated that the public notice was advertised in the Thursday, August 9, 2007 NH Weekly Contender Edition, all abutters were notified, and no return receipts were received from Mr. David Belliveau or Jeffrey and Tina Howard.  Chairman Sawich asked the applicants to stand up, introduce themselves, and present their proposal to the Board.

Nate Chamberlin from Meridian Land Services, Inc. introduced himself, along with Phil Marrotte of In-Ex Homes, LLC, and Mr. Marrotte’s attorney David Tower.  Mr. Chamberlain stated that they are here for the much anticipated subdivision of the old Harriman pit property located on the south side of Pleasant Street.  He stated that they are proposing a six (6) lot cluster housing subdivision with an 11.9 acre open space lot.  He explained that it is the same subdivision design that has always been anticipated: a twelve hundred (1200’) foot road leading from Pleasant Street down to a cul-de-sac with several reduced frontage cluster housing lots coming off the cul-de-sac in pie shapes.  He stated that the 11.9 acre open space lot will be concentrated in the southeastern portion of the tract and will wrap around the southern boundary and most of the western boundary of the tract.  He explained that the Conservation Commission requested a non-disturbance easement for lots 245-17-2 and 245-17-3, which was incorporated into the plans in front of the Board. One issue that was brought up is the stormwater overflow that is coming off of Pleasant Street and onto the In-Ex Homes, LLC property.  In-Ex Homes, LLC would have to re-route the stormwater overflow into a stream to wetlands off of the property.  In-Ex Homes, LLC also needs to reach an agreement with Ms. DeRosa, who is an abutter, to shave down a portion of her property in order to provide for two hundred and fifty (250’) feet of sight distance to the west of the access road.  According to Mr. Marrotte, this would improve the sight distance, would help the abutters with stormwater drainage and filtration, and expanding this area would allow better access to see on coming traffic.  Mr. Marrotte stated that Mr. Bob Varnum, the Town’s Road Agent, expressed to him he didn’t think the town would be willing to absorb the cost.  In-Ex Homes agreed, with the abutters’ approval, to absorb the cost of reducing the height and volume of material on the abutter’s property in order to achieve the desired 250 feet of sight distance.

Chairman Sawich asked if any of the members had questions for the applicants.  Mr. Edwards wanted to know how lot 245-17-1 would have access to open space.  Mr. Chamberlain explained the he wouldn’t have any access except to walk around to it, via a 40-50 feet corridor of open space that would enable them to do so.  Attorney David Tower assured the Board that it would clearly state in the deed that the open space would comply with the Town’s open space ordinance.  There will be a subdivision association for the open space lot and the road will be constructed to the Town’s class V specifications in the hopes that the Board of Selectmen will adopt the road when they deem there is significant need to do so.  It was noted that until the road has been accepted by the Board of Selectmen per the requirements of the Town’s Road Acceptance Policy, the developer is responsible for maintenance of the road.  Mr. Edwards asked how the re-routing of the stormwater flow will impact Bryers Lane.  Mr. Chamberlain stated that it will not have any impact on Bryers Lane what so ever.  Chairman Sawich asked if the septic systems on the plans are going to be at the specific locations presented on the plans.  Mr. Marrotte stated that the exact locations of the septic systems and wells were undetermined at this time.  Mr. Edwards asked if the driveway of lot 245-17-2 over laps 2 lots.  Mr. Chamberlain stated it does but there will be a common/ shared driveway agreement deed drafted for the shared driveway.  Chairman Sawich asked how much gravel needed to be removed from lots 245-17-2 and 245-17-3 and will they be elevated?  Mr. Chamberlain stated they will be elevated after removing approximately 20 feet of depth of material.  The steeper slope running downhill on the two lots is proposed to be incorporated into the non-disturbance easements.  Mr. Edwards inquired what the steepness of the driveways will be; Mr. Chamberlain replied a 10% grade.

Mr. Edwards asked about the unintentional disturbance that occurred to the wetlands when the tract was logged in preparation for the gravel excavation operations. Mr. Chamberlain stated that the ground disturbance occurred within the Town’s twenty five (25’) foot wetland buffer by the access road.  Mr. Chamberlain is proposing an 8 foot x 4 foot open bottom culvert arch, which was designed to handle a fifty (50) year frequency storm event, and is a design that the state (NH DES) is now advocating for projects of this type. Mr. Edwards also wanted to be reassured that the non-disturbance easement will be incorporated into the deeds of each lot.  Mr. Marrotte confirmed that the non-disturbance easement will be incorporated into the deeds, which was confirmed by Attorney David Tower.  Chairman Sawich asked Mr. Houseworth if there was anything else to add and Mr. Houseworth stated that there are several items still to be met on the check list but he recommends the acceptance of the application.  Mr. Edwards moved to accept the application of IN’EX Homes, LLC for a major subdivision of property located on Pleasant Street (Tax Map 245, Lot 017), Antrim, NH 03440 in the Rural Zoning District.  Mr. Robblee seconded the motion, which was unanimously approved.

Chairman Sawich closed the public meeting, opened the public hearing, and asked if any abutters present wish to speak either in favor or in opposition of this proposal; there were none.  Chairman Sawich asked if any public attendees wanted to speak either in favor or in opposition of this proposal; there were none.  

Mr. Edwards asked Mr. Marrotte if he had seen the June 26, 2007 Zoning Board of Adjustment meeting minutes, which stated that the area variance to permit the development of a cluster housing subdivision on a back lot with less than the minimum frontage requirement of 150 feet on an existing road was granted without conditions; he stated that he and his attorney had reviewed them and agreed that there were no conditions.  Mr. Edwards asked In-Ex Homes, LLC if the open space lot is solely for the use of the owners of the lots in the subdivision or if it will be open to the general public; Mr. Marrotte stated that it will be similar to the common land of the Bryers Lane subdivision in that it will be jointly owned by the six lots of the subdivision and it will be solely for the use of the lot owners within the subdivision.  Mr. Edwards suggested that the ZBA meeting minutes be amended to state that the open space lot will be owned by the subdivision association and not the Town. Mr. Houseworth stated that he will remove that language from the Zoning Board of Adjustment meeting minutes, dated 6/26/07.

Chairman Sawich asked Mr. Houseworth what the Board needs to do if the applicant cannot meet the sight distance specified in the Antrim Subdivision and Site Plan Review regulations.  Mr. Houseworth stated that the driveway and road requirements of the Antrim Subdivision and Site Plan Review regulations call for a sight distance of two hundred (200’) feet for driveways and a sight distance of three hundred (300’) feet for new roads, so if the applicant cannot met these requirements, the Board can consider granting a waiver to some of these driveway regulations.  The Board advocated that the applicants consult with the Road Agent and obtain his opinion on the matter regarding the driveway regulations prior to the Planning Board considering whether to waive them.

Chairman Sandwich stated that the applicants will obviously need to work with the abutter, Ms. Micheline DeRosa, to see if she is in agreement of such a proposal to remove some material from her front lawn near Pleasant Street in order to improve the sight distance.  Ms. DeRosa was present at the meeting and stated that she has not yet met with the applicants to hear their proposal and would like to do so prior to giving the Board any indication that she would even be open to such a proposal.  Chairman Sawich stated that it appears that the applicants and Ms. DeRosa will need to have a private conversation regarding the proposal and the results of that will decide what the applicant will be proposing and whether or not a written waiver request will need to be submitted.

Chairman Sawich asked Mr. Houseworth to review the checklist with the Board.  Prior to doing so, Mr. Houseworth informed the Board that they have not yet received any comments or reports from the Conservation Commission or the Town Engineer regarding this proposal so a number of items on the checklist will be pending their review and submittal of comments, recommendations, and suggestions.  The Board’s review of the checklist is as follows, along with the Board’s required actions and comments:
1)      Item # 4: Meridian will supply 8 copies of the revised plans to the Planning Staff
2)      Item # 8: Meridian will provide a soils and slope percentage breakdown for each lot, in order for the Planning Staff to confirm that the lots meet the minimum lot size requirements of the Steep Slopes and Wetlands Overlay Districts (Pending).
3)      Item # 13: Meridian has agreed to add the buffer and setback dashed lines on all of the proposed lots as some were missing from the plans submitted.
4)      Item # 15: Meridian will change language in note # 10 on sheet 2 to reference 100yr flood elevation and not the flood plan district.
5)      Item # 18: Utilities - Mr. Chamberlin stated that as far as the existing utilities: the existing water lines will be added to the plans and the existing utility poles are shown.  The new electric lines will be underground and will be added to plans.
6)      Item # 19: Location and type of all proposed and existing monuments.  Existing monuments shown on sheet #1, Meridian will add proposed monuments to plan.
7)      Item # 20: Meridian has committed to meet all requirements for septic systems; septic system for lot 4 should be at least ten (10) ft from boundary.
8)      Item # 23: Pending Underwood’s comments and review for this requirement.  No sidewalks are proposed for this subdivision.
9)      Item # 24: Pending review by Underwood and comments from the Road Agent regarding the driveway regulations (sight distances) for the road and driveways.
10)     Item # 26: Pending input from the Fire Chief regarding the location of the hydrant on the property and whether this will provide adequate fire protection for the subdivision.  Applicant has chosen to have private wells and septic systems for each lot and has declined invitation to be hooked up to Town water system.
11)     Item # 28: Pending Underwood’s review.  Proposed storm sewers shown on the plan but the location and size of them need to be approved by Underwood.
12)     Item # 29: Pending Mr. Marrotte’s confirmation that a utility easement is not required from PSNH and a note on the plan stating such.
13)     Item # 30: Erosion Control - Pending review and approval by Underwood.
14)     Item # 31: Stormwater Drain Plan - Pending review and approval by Underwood.
15)     Item # 32: Pending – Notes for disposal of waste generated will be added to the plans.  Tree stumps will most likely be buried on-site and shown on plan.
16)     Item # 35: Pending review and approval by Underwood.
17)     Item # 36: Pending comments and review by the Conservation Commission for the open space lot and the proposed non-disturbance easements.  Pending review and approval by the Board and Town Counsel the deed for the common/ shared driveway easement, the deeds for the non-disturbance easements, and the deed for the subdivision association granting partial ownership of open space lot to owners
18)     Items # 38 – 40 are related to Item # 37: Same comments as Item # 37 (Pending)
19)     Item # 42: Pending – Seal, Stamp, and Signature of the surveyor.
20)     Item # 43: Condition of Approval – All bounds to be set upon approval by Board.
21)     Item # 52: This item has been deemed to be Not Applicable by the Board.
22)     Item # 55: Pending approval by NHDES Subsurface Bureau for the subdivision.
23)     Item # 56: Fire Chief would like to see a fire hydrant on the property.  Pending input from the Fire Chief regarding the location of the hydrant on the property and whether this will provide adequate fire protection for the subdivision.
24)     Item # 57: Pending written approval from the Antrim Road Agent for sighting of driveways & curb cuts with adequate lines of sight (Driveway Requirements).
25)     Item # 59: Applicant will have to submit written waiver for this item because driveway regs. state that a shared driveway shall serve no more than two lots.  
26)     Item # 61: Applicant will have to submit written waiver for this item because a shared driveway shall not extend more than 50’ from the intersection (cul-de-sac).  
27)     Item # 62: Pending review and approval of Shared Driveway Easement/ Deed.
28)     Items # 63 - 71: Pending review and approval by Underwood and the Road Agent.  Meridian will specify on the plans the locations of the proposed culverts and he will add a note stating the proposed materials and sizes on the plans.  Meridian will add a driveway detail to the plans showing the proposed culverts.
29)     Item # 72: Meridian stated that the Site Specific Permit from NH DES is not required because road is less than 100,000 sq. ft. of disturbance;  A note is to be added to the plans stating that a Site Specific Permit is not required in this case.
30)     Items # 74 – 88: Satisfied; Study not required by the Board.
31)     Item # 89: Pending review and approval by Underwood for soil erosion and sediment control measures and proposed Best Management Practices.
32)     Items # 90-98: Satisfied; Study not required by the Board.
33)     Items # 99-100: Project deemed to not have the potential for regional impact
34)     Items # 101 -107: Pending Final Plan Submission
35)     Item # 108: Pending approval by NH DES for the Standard Dredge and Fill Application that was submitted by the applicant to the NH DES wetlands bureau.
36)     Item # 109: Pending report from Conservation Commission for the Special Use Permit for the shared driveway disturbance of the 25 ft. wetland buffer.
37)     Item # 112: Applicant is recommended to pursue a letter of credit rather than a bond for the construction of the proposed road (Harriman Way).
38)     Item # 113: A note is to be added stating that an EPA SWPPP is not required.
39)     Item # 114: Typo in Note # 11B on sheet 2 of plan; should be NH DES.

Mr. Snow moved to continue the public meeting to Thursday, September 20, 2007 at 7:00 pm at Town Hall; which was seconded by Mr. Edwards and was unanimously approved.


IN-EX Homes, LLC; File #2007-02PB; Conditions for the Excavation Proposal:  Mr. Houseworth informed the members that the only conditions that still need to be met before the Board can issue the excavation permit to In-Ex Homes, LLC for their gravel excavation operations on Pleasant Street in Antrim is the approval of the road bond and reclamation bond language by Town Counsel and the Planning Board.  Mr. Marrotte stated that his lawyer and Town Counsel are having a difficult time agreeing on the language for the road bond for the portion of Pleasant Street which intersects with the access road to the gravel excavation site.  After a lengthy discussion regarding the suggested language, the Board stated that once the lawyers agree on the language of both bonds, they will approve the bonds and will issue the excavation permit.  Mr. Houseworth also supplied the members with a copy of the NH DES Alteration of Terrain permit (Site Specific permit), which was issued with numerous conditions, for the proposed gravel operations and stated that they have also received a Notice of Intent from the US EPA for the federal Storm Water (SWPPP) permit.  The Board also informed Mr. Marrotte that they are recommending a letter of credit be posted, instead of a bond, for the construction of the new road for the cluster housing lot subdivision.


Approval of Planning Board Meeting Minutes: Mr. Schacht moved to approve the minutes of the August 9, 2007 Planning Board Meeting as presented, which was seconded by Mr. Edwards and was passed unanimously passed.


Mighty Oaks Realty, LLC; File # 2005-03PB; Mulhall Heights Subdivision Update:  Mr. Houseworth provided the members with a letter, dated August 17, 2007, addressed to the Board from the Town Engineer, Mr. Peter Pitsas, regarding a status report for the Mulhall Heights Subdivision on Rt. 202 in Antrim.  In regards to the construction status, Mr. Pitsas stated in the letter that the contractor has completed installation of the binder course of payment and has begun work on the following tasks: grading the gravel shoulders of the road, stabilizing the roadside swales, and fine grading the grass areas.  Once this work has been completed, Mr. Pitsas will be ready to perform a walk through and create a punch list.  In regards to the construction services budget, Underwood Engineers, Inc, has used up the remaining balance of the budget and is requesting an additional four thousand ($4,000.00) dollars from the developer in order to finish monitoring the completion of the road.  Mr. Pitsas explained that the additional funds are needed, in part, because he visited the site 31 times, as requested by the developer, instead of the initially anticipated 16 visits.  Monthly updates will be provided.

In addition, the Board expressed concern about Mr. Pitsas invoicing the Town for additional services provided prior to having the developer agree to the additional services amount and signing a revised contract.  Mr. Houseworth stated that he will communicate to Underwood that the Board needs to make sure there are adequate funds available prior to work being done.  The Board also requested that all site visit reports be supplied to the Planning Department Staff so that the Board can continue to monitor the construction process and better anticipate when additional services and funds will be required.


Estate of Donald Knapton; File #2005-12PB; Pierce Lake Estates II Subdivision Update:  Mr. Houseworth provided the members with a letter, dated August 17, 2007, addressed to the Board from the Town Engineer, Mr. Peter Pitsas, regarding a status report for the Pierce Lake Estates II Subdivision off Pierce Lake Road in Antrim.  In regards to the construction status, Mr. Pitsas stated in the letter that no work had been completed on this project since last fall and there were a great deal of erosion issues on the site.  Mr. Pitsas explained that they sent out a letter identifying the site erosion issues and the contractors are in the process of addressing the erosion issues and are proceeding to complete the project. In regards to the construction services budget, there is approximately $700 remaining in the budget (August 10, 2007) and Mr. Pitsas believes that this will not be enough to complete the project but would like to see how the project progresses before they propose an increase.

In addition, Mr. Houseworth provided the members with a letter from Mr. Bart Mayer, Town Counsel, regarding guidance on how to handle the subdivision performance bond posted with respect to the Pierce Lake Estates II subdivision.  Mr. Houseworth explained that essentially the bond was established on May 8, 2006, the road construction was to be completed within a one year time frame (May 8, 2007), and the road work is not yet completed.  Mr. Houseworth explained that Mr. Mayer has suggested that the Board provide notice to the surety that the road is not complete and deficiencies exist in order to assure that the Town is protected and has adequate security in the event that the developer does not finish the road.  Mr. Edwards moved to have the planning staff take Town Counsel’s advice and provide notice to the surety that the road is not complete and deficiencies exist, which was seconded by Mr. Snow and was unanimously passed.


Kateco Developing, LLC; File #2005-05PB; Homes at High Hills Subdivision Update:  Mr. Houseworth informed the members that Ms. Katie Cook of Kateco Developing, LLC stated via e-mail that she wouldn’t be available tonight to provide a status report to the Board regarding the progress of the construction of the Home at High Hills subdivision.  He explained that Ms. Cook has hired a new contractor, Mr. Chris Dunn of Modern Builders, and they will provide a schedule to the Board outlining when the rest of the items on Mr. Pitsas’ work-to-do list will be completed.  He stated that they plan on having everything completed by the end of September or early October.

Mr. Houseworth provided the members with a letter, dated August 17, 2007, addressed to the Board from the Town Engineer, Mr. Peter Pitsas, regarding a status report for the Homes at High Hills Subdivision off Ashley Road and Elm Avenue in Antrim.  In regards to the construction status, Mr. Pitsas stated that they have brought to the attention of the developer and new contractor that the seed planted last year did not germinate and has died; therefore, we need them to address that issue along with the paved drainage swale.  Mr. Pitsas also requested that the developer recommend a solution for the drainage to avoid the erosion of the Cook/Lord Driveway concern going forward and reviewed the work-to-do list with developer as well as new contractor.  In regards to the construction service budget, Mr. Pitsas stated in the letter that there is approximately $1,875.00 remaining in the budget but whether they will be able to stay under budget depends on the contractor’s schedule and how much assistance they ask from him. Underwood Engineers, Inc. are unsure if this is enough money to complete the project.  

Mr. Houseworth provided the members with a letter from Mr. Mayer, Town Counsel, regarding the status of the irrevocable letter of credit issued with respect to the Homes at High Hills Subdivision.  He suggested that Mr. Mayer is proposing that he send a letter on behalf of the Town and Planning Board requesting that the remaining balance of the letter of credit be sent to the Town ASAP as specified by the language in the letter of credit.  Mr. Edwards moved to have Mr. Bart Mayer send such a letter to the bank requesting such funds, which was seconded by Mr. Schacht, and was unanimously approved.  In addition, the Board agreed that it is in both parties interest to work with Kateco Developing, LLC to draft a revised irrevocable letter of credit, with the same terms and conditions, for an additional year, in order for the Board to be satisfied that the Town is protected and has financial security to finish the road if it is necessary.

Mr. Houseworth informed the members that Ms. Katie Cook and Mr. Peter Pitsas have brought to his attention the fact that there is a gravel discrepancy regarding how much gravel was dropped on-site at the Homes at High Hills Subdivision.  He stated that Ms. Cook has requested that Mr. Pitsas supply information to them regarding his observations of how much gravel was delivered and when.  Mr. Houseworth explained that Mr. Pitsas is hesitant to provide such information to the developer without the Town’s approval because the Town contracts Underwood Engineers, Inc. to provide construction monitoring services and he sees this issue as a potential conflict of interest.  After a short discussion, Mr. Edwards moved to grant approval to Mr. Peter Pitsas of Underwood Engineers, Inc. to provide the requested information to Kateco Developing, LLC regarding the amounts of gravel he observed being dumped on-site at the Homes at High Hills Subdivision off Ashley Road and Elm Avenue in Antrim, NH.  Mr. Schacht seconded the motion, which was unanimously approved.


CBS Holdings, LLC; File # 2006-01PB; Cloud Court Subdivision Update:  Mr. Houseworth provided the members with a copy of the Notice of Public Hearing which the Board is holding in order to consider the revocation of the CBS Holdings, LLC Cloud Court subdivision on Clinton Road (Rt. 31) in Antrim, near the intersection with Rt. 9.  He stated that the public hearing date is scheduled for Thursday, September 6, 2007 at the Antrim Town Hall.  He stated that all conditions of approval not met and all defaults are listed in the Notice of Public Hearing, which was sent to the abutters and applicants.


NH Office of Energy & Planning (OEP) – 2007 Fall Planning & Zoning Conference:  Mr. Houseworth provided the members with the registration packets and meetings calendar for the NH OEP 2007 Fall Planning & Zoning Conference on Saturday, October 13, 2007 at the Mountain Club on Loon in Lincoln, NH.  He informed the members that the Antrim Community Bus has been reserved for this event so that the members and staff can carpool together.  He stated that the Planning Department budget has funds available for training for members and staff so this event would be covered by the Town.


NH Local Government Center (LGC) – 32nd Annual Municipal Law Lecture Series:  Mr. Houseworth provided the members with the registration and lectures schedule for the NH LGC’s 32nd Annual Municipal Law Lecture Series, which is held in various areas of New Hampshire in September and October 2007 including: Jaffrey, Meredith, Whitefield, Hanover, Manchester, and Portsmouth, NH.  He informed the members that the cost of the lecture is $25.00 per session or $45.00 for three (3) sessions and funds are available from the Planning Dept. for members to use for training events like these.

Mr. Schacht moved to adjourn the meeting, which was seconded by Mr. Snow and was unanimously passed.  Chairman Sawich adjourned the meeting at 10:15 PM


Respectfully submitted,


Laurie Lemons, Planning Assistant, Antrim Planning Board