ANTRIM PLANNING BOARD MINUTES
September 6, 2007 Meeting
Members & Staff Present:
Mary Allen |
Scott Burnside |
Bob Edwards |
Bradley Houseworth |
Joe Koziell |
Laurie Lemons |
Andrew Robblee |
Brian Sawich |
Steve Schacht |
Sandy Snow |
Kathy Wasserloos |
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Member & Staff Absent: Chris Stephenson
Public Attendees:
Leslie Belliveau |
Sam Bonacci |
Leigh Bosse |
Maureen DeKoning |
Wayne DeKoning |
Kristen Vance |
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Mr. Sawich convened the meeting at 7:00 PM, and requested that attendee’s sign in.
The Grapevine Family & Community Resource Center; File # 2007-12PB; Teen Center Proposal: Andrew Robblee recused himself, due to the fact that he rents space from Ms. Belliveau. Chair Sawich appointed Mr. Koziell to sit for the recused Mr. Robblee. Chair Sawich opened the public meeting on the request of the Grapevine Family and Community Resource Center for a Minor Site Plan Review/Change of Use to establish a teen center in the Antrim Mill Building on property located at 42 North Main Street, Antrim, NH 03440 (Tax Map 104, Lot 106), in the Village Business District.
Mr. Houseworth stated that we are here to discuss the proposal for a youth teen center at the Antrim Mill Building, which was deemed to be a change of use by the Board at its’ April 19, 2007 meeting and therefore requires a minor site plan review be conducted by the Board. Chair 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 23, 2007 NH Weekly Contender Edition, all abutters were notified, and all return receipts were received. Chair Sawich asked the applicants to stand up, introduce themselves, and present their proposal to the Board.
Kristen Vance introduced herself and stated that she doesn’t have much more to add beyond what was referenced in her proposal letter to the Board for the teen center. Leslie Belliveau introduced herself, stated she is the owner of the building, explained the layout of the teen center, and stated that this space will be a great location for the teens to go to due to the fact that it is near the Town Public Library and the Grapevine Family and Community Resource Center’s main office. Ms. Belliveau explained that the space that “Family on Board” was in is now the space proposed for the teen center while the space that was “Boxes on Board” is now occupied by Robblee’s Tree Service. Ms. Belliveau stated several improvements to the building have been made including the installation
of a new wet sprinkler system in the space proposed for the teen center and in the space below, occupied by Robblee’s Tree Service; the construction of a two (2) hour burn wall splitting the space proposed for the teen center in half; the addition of a two (2) hour burn door for the exit onto the sidewalk; the construction and installation of a unisex bathroom; the reconstruction and refinishing of the hard wood maple floors; and the replacement of old windows and lights with new, energy-efficient windows and lighting.
Ms. Wasserloos asked about handicap ramps; Ms. Belliveau stated that ramps will be installed which comply with the ADA requirements. Ms. Belliveau stated that she has spent a lot of time with the Fire Chief & Building Inspector and is still working with them to make the building compliant with current code requirements. She stated that there will be no kitchen facility but there will be a snack area. Ms. Vance stated that she is looking to add a kitchenette in the future but not immediately.
Mr. Edwards asked if there was ever a proposal submitted to the Board of Selectman; Ms. Vance was not sure if the proposal ever made it to the Board of Selectman. Mr. Schacht tried to get some clarification on how the project would be staffed. Ms. Vance stated she was unprepared to discuss this at this time but would be more than happy to set up a time to do so. Ms. Vance welcomed the opportunity to meet with Selectman to see what they recommend and address any concerns regarding operation issues raised by the Fire Chief, Building Inspector, and/ or Police Chief. Ms. Vance stated that Chief Feyrer has offered to be on the Teen Center Advisory Board. Ms. Belliveau stated that she doesn’t anticipate any parking issues due to the fact that there are plenty of parking spaces available on the property, in front
of the building/ teen center on Main Street, and in their parking lot across the road near Aiken Street. In addition, she stated that most programs will be scheduled during the evening when the Library and Grapevine will be closed.
Mr. Edwards asked if the teen center would have adequate space for the number of teens it would be supporting. Ms. Vance re-assured him that they are confident there will be enough space in the proposed teen center based on the fact that it is similar in size to the Hillsborough Teen Center, which averages approximately thirty (30) teens. Ms. Vance stated that she feels the growth of the teen center will slowly increase over time.
Chair Sawich asked if there were any further questions; there were none. He asked the Town Planner if he felt sufficient information was submitted by the applicant in order for the Board to accept the application; Mr. Houseworth stated there was sufficient information submitted and recommend that the Board accept the application. Mr. Burnside moved to accept the application, which was seconded by Mr. Schacht, and was unanimously approved.
Chair Sawich closed the public meeting, opened the public hearing, and asked if any abutters present would like to speak either in favor or against the proposal; there were none. Chair Sawich asked if any one present at the hearing would like to speak to this proposal; there were no responses. Mr. Houseworth stated that the staff did receive an abutter letter, opposing the proposed location of the teen center, from Mr. Walter Neff and Barbara Cohen, and he read it into the record. A few excerpts of the abutter letter have been provided below (A complete version of the letter is on file at the Town Hall):
· ‘…anyone with the desire to enter the building could with little to no effort via broken windows, missing glass, crawl spaces and loose boards.’
· ‘…there are open elevator shafts, pits in floors, underground tanks, 30” pipes and a turbine room with 20’ deep tail race.’
· ‘At night, the building is occupied by birds, bat, mice, rats and snakes and an occasional skunk…’
· ‘It is also our understanding that any slope of 4:1 or greater would require a guardrail system which this building has none.’
Chair Sawich asked Ms. Belliveau if she would like to respond to the allegations stated in the letter. Ms. Belliveau stated that although they were given the okay to decommission some of the groundwater monitoring wells on the site, they are still working on cleaning up the contamination in the groundwater. She explained that there is still some contamination within some of the groundwater monitoring wells and isn’t something they can correct themselves, but will have to be addressed by a professional company. She stated that there is no threat to the teens from the contaminated groundwater monitoring wells, the teen center’s activities will be conducted inside and away from the contaminated areas of the property outside, and a thirty two (32’) foot wall was constructed to prevent people from accessing the back
part of the old mill. Ms. Belliveau stated that they take this very seriously and are trying to do some historic preservation of the property while making it a useful tool for the community. She also stated that the holes in the window areas & floors have been repaired by the teens that did the damage, which will hopefully keep the skunks out of the building, and teach the teens to respect the historic value of the building. She stated that the fencing along Main Street is continually being broken by the Town’s maintenance of the side walks but they have ordered a new replacement. Mr. Robblee attested to the fact that the Belliveaus have made significant improvements to the building since he started renting a space.
Chair Sawich asked the Board if they have any concerns or questions they would like to add; there were none. Mr. Edwards suggested a site visit be scheduled due to the abutter’s complaint. The Board unanimously agreed to conduct a site walk on the property, except for Mr. Burnside who did not feel it was necessary. Ms. Belliveau agreed to allow abutters onto the property for the site walk and it was scheduled for Thursday, September 13, 2007 at 5:00 PM. Mr. Houseworth suggested that the members review all reports from Town Officials prior to the site walk along with the check list. Mr. Edwards moved to continue the public meetings to the site walk on September 13, 2007 at 5 PM and to the next Board meeting on September 20, 2007 at 7:00 PM. Mr. Snow seconded the motion, which unanimously
passed.
DeKoning, Maureen & Wayne; File #2007-13ZBA; Area Variance: Mr. Steve Schacht recused himself from the Board because he is the contractor for the applicants. Mr. Robblee returned to the Board. Chair Sawich opened the public meeting on the request of Maureen & Wayne DeKoning for a minor site plan review to permit the enlargement of an existing non -conforming duplex into a multi-family dwelling on property located at 3 North Main Street, Antrim, NH 03440 (Tax Map 102, Lot 36), located in the Residential District. Chair 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 23, 2007 NH Weekly Contender
Edition, all abutters were notified, and all return receipts were received. He stated that the applicants recently appeared in front of the Zoning Board of Adjustment and received two (2) area variances in order to 1) permit the enlargement of an existing, non-conforming structure; and 2) permit the expansion of the structure within five (5’) feet of the side yard setback. He advised the members that the Zoning Board of Adjustment Notice of Decision and meeting minutes are in their packets and passed around pictures of the property, which were taken by the Building Inspector. Mr. Houseworth also stated that the checklist in front of the Board has notes from the applicants in regular text and notes from the staff in bold text. Chair Sawich asked the applicants to stand up, introduce themselves, and present their proposal to the Board.
Mr. Schacht, the applicants’ agent, spoke on behalf of the DeKonings and explained why they are proposing to convert the barn into a single family dwelling in which the DeKonings will live. He explained that the barn is very structurally sound and the necessary variances have been already granted by the Zoning Board of Adjustment.
Mr. Snow moved to accept the application, which was seconded by Mr. Burnside and was unanimously approved. Chair Sawich closed the public meeting, opened the public hearing, and asked if any abutters present would like to speak either in favor or against the proposal; there were none. Chair Sawich asked if any one present at the hearing would like to speak to this proposal; there were no responses. Mr. Houseworth stated that no correspondences were received from abutters regarding this proposal. Mr. DeKoning stated that he spoke with a neighbor and they didn’t have any issues with the expansion. Chair Sawich closed the public hearing and opened the public meeting for the Board’s deliberation.
Ms. Allen asked the applicants about parking and whether or not they will have two (2) spaces for each dwelling unit as required by the Antrim Zoning Ordinances. Mr. Schacht explained that the DeKonings will have separate parking for the tenants and are proposing to expand the existing driveway for two (2) more spots in front of the renovated barn for themselves. He stated that the driveway is currently a circular drive with two exits onto North Main Street, there is already adequate parking for the existing duplex, and the minimum required number of parking spaces will be met for a total of six.
Chair Sawich asked Mr. Houseworth to review the department head reports and bring the Board through the packet. Mr. Houseworth stated that the Police Chief and Conservation Commission had no concerns, the Fire Chief only had concerns if there was going to be a third floor (which is not proposed), and the Building Inspector stated that his concerns regarding fire and life safety issue would be met when he inspects the property during the Building Permit process. Chair Sawich asked Mr. Houseworth to run the members through the checklist; which he did. All items were considered to be either satisfied or not applicable.
Mr. Burnside moved to approve the application, with conditions, of Maureen & Wayne DeKoning, File # 2007-11PB, for a minor site plan review to permit the enlargement of an existing, non-conforming duplex into a multi-family dwelling on property located at 3 North Main Street, Antrim, NH 03440 (Tax Map 102, Lot 036), located in the Residential District. Mr. Robblee seconded the motion, which unanimously passed. The following conditions apply to this approval:
1) Planning Board requirements, commitments, and agreements made by the applicant and/ or his agent as recorded in the meeting minutes dated September 6, 2007.
2) The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health, and fire codes.
3) Pending the Building Inspector’s review of the plans with Mr. Steve Schacht.
Mr. Houseworth stated that the application had been approved with conditions and the applicants will receive a Notice of Decision in the mail, signed by the Chair. Chair Sawich thanked the applicants for coming and for their time and patience.
CBS Holdings, LLC; File # 2006-01PB; Public Hearing to Consider Revocation of the Cloud Court Subdivision: Mr. Burnside recused himself and Chair Sawich appointed Ms. Allen to sit for the recused Mr. Burnside. Chair Sawich opened the public hearing at the request of the Board to consider whether to revoke the Cloud Court Subdivision on Clinton Road (Rt. 31) in Antrim, just south of the intersection with Rt. 9, because the applicant has not met several conditions of approval, including the posting of a road bond or escrow account prior to the signature of the mylars and the signing of an agreement to pay for the cost of the Town’s engineer to monitor the construction of the proposed road called Cloud Court. Chair Sawich asked Mr. Houseworth to read the public notice aloud; which he did. Mr.
Houseworth explained that all of the conditions of approval which have not been met are properly referenced in the public hearing notice and stated that one letter was received from an abutter that is in favor of the revocation of the subdivision, Mr. Ross FitzGerald, on behalf of Betsy FitzGerald.
Chair Sawich asked the members to ask any question they would like of the applicant. Ms. Allen wanted to know exactly where the abutter was located that sent in the complaint; Mr. Houseworth stated that she owns property directly to the south and east of the proposed subdivision tract. Chair Sawich asked Mr. Bosse to speak about the defaults and the conditions of approval which have not been met to date.
Mr. Leigh Bosse, the representative of CBS Holdings, LLC, wanted to know how many abutters were notified; Mr. Houseworth answered five (5), at which point Mr. Bosse wanted to make a point that out of five (5) abutters only one (1) complained. Mr. Bosse explained that due to the wetland conditions on the property, they had to make multiple changes to the culvert design, and therefore required another $1,000.00 from the Town’s Engineer for their review services. He stated that he came in and met with Mr. Vasques, the Town Planner at the time, to pay the required $1,000.00 and during their discussion they agreed that due to the change in the real estate market, it wouldn’t be necessary for CBS Holdings, LLC to post a road bond at the current time. Mr. Bosse stated that Mr. Vasques told him he would review it with
the Planning Board, but he didn’t see the need to post the bond now under the circumstances. Mr. Bosse explained that two (2) days later Mr. Vasques called him and informed him that the Board had approved his request to not post the road bond at this time.
Mr. Bosse also stated that he felt the estimate provided by Underwood for their road construction monitoring services was high but he would be willing to meet that requirement once they are prepared to start construction of the road. Mr. Bosse explained that he doesn’t have a time frame yet for this project so he feels that posting a bond or a letter of credit at this point would be not necessary and could be very costly for CBS Holdings, LLC, especially with the market being the way it is today.
Mr. Bosse stated that he spoke with Mr. Vasques on September 6, 2007 and was told by him that CBS Holdings, LLC was given proper approval and doesn’t have to post a bond for the road until the construction for the road begins and Mr. Vasques also referenced the Laubers’ Subdivision, which was handled the same way as CBS Holdings, LLC in terms of the road bond being posted after the final mylars were signed and recorded.
Mr. Schacht questioned how long a subdivision is good for; Mr. Houseworth stated that before this year, there were no time constraints or time periods specified by which an approved subdivision had to be completed by. However, he stated that our recent regulation change requires that for all new applications, the conditions of approval must be met within one year after the conditional approval is granted by the Board. Mr. Sawich asked Mr. Houseworth if the Board ever waived the requirement that the bond be posted prior to the signing of the mylars for CBS Holdings, LLC; Mr. Houseworth stated he was not aware of such a waiver ever being granted by the Board and stated that there is no evidence of a waiver being granted by the Board in the Planning Board file folder for CBS Holdings, LLC, in the Board’s meeting minutes from 2006 to
2007, or on any of the original or revised checklists for this application.
Mr. Edwards asked Mr. Bosse if he ever confronted Mr. Houseworth regarding Mr. Houseworth telling a potential buyer that it was not a valid lot. Mr. Bosse said he did speak with Mr. Houseworth on the phone and Mr. Houseworth stated to Mr. Bosse that even though the Mylar’s were signed in error, prior to the bond being posted, that CBS Holdings, LLC is still responsible for posting the road bond. Ms. Allen asked Mr. Bosse if he was told that the Board was willing to waive the bond requirement and allow the Mylar’s to be signed and recorded. Mr. Bosse stated he was not aware if the Board did in fact waive this requirement but was simply told by Mr. Vasques that the Mylar was signed, he was all set, and no bond would have to be posted until a shovel was put in the ground and the developers were ready to start the
road construction process.
Ms. Allen asked Mr. Bosse why he is advertising lots for sale for this subdivision when he knows there is no bond in place for the road. Ms. Allen reiterated that Mr. Bosse had full disclosure to the Antrim subdivision rules and regulations which clearly state that a road bond or escrow account must be posted prior to the final mylars for the proposed subdivision being signed, recorded, and becoming legal lots of record. Mr. Bosse replied that all he knows is what he was told by Mr. Vasques today and Ms. Allen would have to ask Mr. Vasques why the Mylar’s were signed without a bond being posted.
Mr. Bosse stated that he has turned down several potential buyers because there needs to be 3 lots sold to justify building the road. Ms. Allen stated that she is very confused because the Town’s subdivision regulations clearly state that the bonds are to be set in place prior to the Mylar being signed and this clearly isn’t what happened. Mr. Bosse did admit that he never received anything in writing from the Board stating that they waived the road bond requirement or allowed the mylars to be signed before the posting of a road bond for the construction of the subdivision road, Cloud Court.
Mr. Houseworth stated that basically there are two (2) options: 1) CBS Holdings, LLC cures their defaults in a timely manner, or 2) the Board would have no other choice but to revoke the subdivision. Mr. Bosse suggested that a special agreement be arranged, drafted, and recorded at the Hillsborough County Registry of Deeds, consisting of a voluntary lien on all of the subdivision lots, which cannot be sold/transferred or improvements constructed on the tract until a road bond is posted and all conditions of approval have been met. Mr. Bosse stated that he is willing to go back to conditional approval as long as the Town agrees to not revoke the subdivision.
Mr. Houseworth suggested that perhaps the Board could give Mr. Bosse 30 days to cure his defaults. Mr. Bosse suggested to the Board that a written agreement be drafted that states that no lot shall be sold until the road bond is posted and the road is constructed. Mr. Houseworth, along with the Board, agreed that this proposal has to be reviewed by legal counsel to see if this is even an option. Numerous members were very concerned about any potential buyers and how this will affect them. Mr. DeKoning stated that he does not understand how the Mylar’s could’ve been signed before a bond was in place putting the Town in a position to be liable. Mr. Edwards acknowledged Mr. DeKoning’s concern and opinion.
Mr. Bosse stated that he is willing to go on record that he will not sell or make any provisions to the lots without the proper road bond being posted. Mr. Sawich asked Mr. Houseworth to check with Town Counsel if there is anyway the Board can protect the town without having to revoke the CBS Holdings, LLC subdivision. Ms. Allen asked Mr. Houseworth to ask Town Counsel if there is any way to put a lien on the subdivision lots and enter into an agreement with the applicant that not lots can be sold until the bond for the road has been posted. Mr. Robblee stated that he wants to hear from Town Counsel what the Board’s options are for CBS Holdings, LLC prior to making any decisions. The Board decided that all other conditions listed as defaults shouldn’t be addressed until the Board here’s back from
Town Counsel. Ms. Wasserloos moved to continue the public hearing to September 20, 2007, which was seconded by Mr. Schacht and unanimously passed.
Approval of Planning Board Meeting Minutes: Mr. Burnside rejoined the Board. Mr. Edwards moved to approve the minutes of the August 23, 2007 Planning Board Meeting, as corrected, which was seconded by Mr. Schacht and was unanimously approved. Ms. Allen, Mr. Burnside, and Ms. Wasserloos abstained from voting on the minutes.
Town of Antrim – Planning Board By-Laws DRAFT Review: Mr. Houseworth reviewed with the Board the suggested changes of the draft Planning Board By-Laws proposed by Mr. Matthew Serge of Town Counsel. He explained that this draft includes the changes made by the members at the August 9, 2007 Board meeting and Town Counsel’s suggested additions and deletions. In general, the Board had a few minor questions but for the most part the Board accepted those changes proposed by Town Counsel. Ms. Allen moved to accept the draft of the Planning Board By-Laws as corrected, which was seconded by Ms. Wasserloos and was unanimously approved.
Kateco Developing, LLC; File #2005-05PB; Homes at High Hills Subdivision Update: Scott Burnside recused himself from this decision due to the fact that he has professional dealings with Kateco. Mr. Houseworth advised the members that the Planning Department staff has received a new/ revised letter of credit from Salem Five Cents Savings Bank guaranteeing the amount of $54,236.50 for completion of the road for the Homes at High Hills Subdivision. Mr. Houseworth stated that Town Counsel has reviewed the new letter of credit and approves of the language and the amount, however, counsel suggests that the Board not allow any further reductions of the amount of the new letter of credit until all road work is completed to the satisfaction of the Town and the Town Engineer, Mr. Peter Pitsas of Underwood
Engineers, Inc. Mr. Houseworth stated that Katie would be requesting a reduction as soon as the new line of credit was approved to pay here prior contractor. After a brief discussion, Mr. Edwards moved to accept the revised letter of credit as presented, which was seconded by Mr. Schacht, and was unanimously approved. Mr. Edwards moved to not allow any further reductions of the new letter of credit for the Homes at High Hills Subdivision until all road work has been completed, accepted, and approved by the Town and Town Engineer, which was seconded by Mr. Snow and was unanimously approved. Mr. Houseworth also presented the members with an estimated timeline that was supplied by the new contractor, Mr. Chris Dunn of Modern Builders, Inc., for the Homes at High Hills Subdivision. He stated that the timeline estimates that most tasks will be completed by the end of September.
Mr. Houseworth presented the members with a letter, dated September 4, 2007, from the Town Planner to Mr. Pitsas, providing the Board’s approval to release information to Kateco Developing, LLC regarding the amounts of gravel he observed being dumped on-site at the Homes at High Hills Subdivision to help resolve the gravel deficiency issue.
Mighty Oaks Realty, LLC; File # 2005-03PB; Mulhall Heights Subdivision Update: Mr. Houseworth presented the members with a letter, dated September 5, 2007, that was sent from the Town Planner to Mr. Terry Schnare of Mighty Oaks Realty, LLC, requesting the final third payment of the road construction monitoring services that were already provided by the Town Engineer. In addition, Mr. Houseworth explained that Mr. Pitsas is requesting an additional $4,000.00 in order to cover his expense of continuing to monitor the construction of the road until they are finished. He explained that the reason for the increase is Underwood had to make twice as many visits as estimated, which were requested by Mulhall Heights. Mr. Pitsas agreed that he will be do a better job at keeping the Planning Board informed when
funds are getting low and will also let us know when visits are being requested in excess by the developers.
Code Enforcement Correspondences:
Mr. Shepardson was notified that there are a number of unregistered vehicles and “miscellaneous” materials on his property. Mr. Parsons noted in his letter that this is to be considered a “First Notice” and will allow 7 days from receipt of this letter to bring the property to compliance. If Mr. Shepardson does not comply then there will be a “Notice of Violation” which will result in a citation being issued by the District Court and a fine of $275.00 per day may be assigned as well as court cost and expenses.
Lawrence Hier contacted Mr. Parsons after receiving his Notice of Violation for putting up a sign, rope, and trying to block the boat entry from public access at the Breezy Point Condominiums property off Rt. 9. Mr. Hier agreed to take the ‘private property’ sign down, along with any ropes and cones blocking the public boat launch entrance.
Jerome Schultz is building a retaining wall and patio area within twenty (20’) feet of the high water mark of Gregg Lake on his property at 17 Rachel Lane (Tax Map 101, Lot 10). Mr. Parsons informed Mr. Schultz that he needs to first obtain a “Special Use” permit from the Planning Board before disturbing the earth within 25’ of the lake. The State also requires a permit or variance if you disturb the earth or build an accessory structure within 20’ of the high water mark. Mr. Parsons put a cease and desist on the project and directed Mr. Schultz to obtain the necessary permits from both the Town and the State of NH before continuing any further work on the project.
Michael & Jeanice Farley were notified that after a drive-by inspection of their property at 1 Elm St, (Map 102, Lot 51), Mr. Parson’s noted the accumulation of garbage and rubbish at the northern end of the property. Mr. Parson’s notified the Farley’s that according to Antrim’s Zoning Ordinances, Article XIV, F-4, the accumulation and storage of miscellaneous refuse is strictly prohibited, especially if those materials may have a negative impact of the health and well-being of the neighborhood. Therefore, he put them on “First Notice” allowing them 7 days to rectify the problem.
Mr. Houseworth wanted clarification from the Board on whether or not the Board deems the renovation of a duplex into a single family dwelling a ‘change of use’ and therefore would require a site plan review with the Board. Ms. Allen stated that it is only deemed a ‘change of use’ by the Board when an additional dwelling unit is added, not removed.
Mr. Edwards stated that the 2008 budget needs to be considered and worked on soon. Mr. Burnside moved to adjourn the meeting, which was seconded by Mr. Schacht and was unanimously passed. Chair Sawich adjourned the meeting at 10:30 PM.
Respectfully submitted,
Laurie Lemons
Planning Assistant, Antrim Planning Board
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