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ANTRIM PLANNING BOARD OF MEETING
September 20, 2007 Meeting
Members & Staff Present:
Mary Allen |
Bob Edwards |
Bradley Houseworth |
Joe Koziell |
Laurie Lemons |
Steve Schacht |
Sandy Snow |
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Member & Staff Absent:
Scott Burnside |
Andrew Robblee |
Brian Sawich |
Chris Stephenson |
Public Attendees:
Sam Bonacci |
Leigh Bosse |
Micheline DeRosa |
Richard Jacquin |
Kristen Vance |
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Ms. Allen moved to nominate Mr. Edwards as Chair Pro Tem for the Board meeting, which was seconded by Mr. Snow and was unanimously approved. Chair Pro-Tem Edwards convened the meeting at 7:00 PM, appointed Ms. Allen to sit for the absent Mr. Burnside, appointed Mr. Koziell to sit for the absent Mr. Robblee, asked the Board members to introduce themselves, and requested attendees to sign in.
Approval of Planning Board Meeting Minutes: Mr. Schacht moved to approve the minutes of the September 6, 2007 Planning Board meeting as presented, which was seconded by Ms. Allen and was unanimously approved. Mr. Snow moved to approve the minutes of the September 13, 2007 Planning Board Site Walk for the Antrim Teen Center as corrected, which was seconded by Mr. Schacht and was unanimously approved.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Houseworth informed the Board that the Conservation Commission’s report was received by the Planning Staff this morning while the subdivision peer review report from the Town Engineer, Mr. Peter Pitsas, was received yesterday (9/19/07). He explained that he spoke with Mr. Marrotte, the builder for IN-EX Homes, LLC, and Mr. Marrotte requested that the Board continue the Public Meeting to10/4/07 so that they have adequate time to review the reports and provide revised plans. Mr. Schacht moved to continue
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. Mr. Koziell seconded motion, which was unanimously approved.
The Grapevine Family & Community Resource Center; File #2007-12PB; Teen Center Proposal: Chair Pro Tem Edwards continued 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. Schacht wanted it stated for the record that the town voted to support the establishment of the Teen Center per Article 16 of the 2007 Town Meeting Warrant Articles.
Mr. Houseworth reviewed the checklist with the Board; all items were deemed to be either satisfied or not applicable, pending a report from the Building Inspector for building code requirements and a report from the Fire Chief for fire and life safety issues. Ms. Allen recommended to the Grapevine that they establish a new sign that meets the requirements of the existing Sign Ordinance (Article XVII of the Zoning Ordinances), in order to be consistent with existing signage in the Village Business District.
Mr. Schacht moved to approve, with conditions, the application of the Grapevine Family and Community Resource Center, File # 2007-12PB, for a Minor Site Plan Review/Change of Use to establish a teen center in the Antrim Mill Building on property located at 42 Main Street, Antrim, NH 03440 (Tax Map 104, Lot 106), in the Village Business District. Mr. Snow seconded the motion. The roll call vote follows: Ms. Allen – aye, Mr. Snow – aye, Mr. Schacht – aye, and Mr. Koziell – aye. Mr. Houseworth informed Ms. Vance that the application had been approved, stated they would receive an official notice of decision in the mail, signed by the Chair, and thanked her for coming.
Richard Jacquin; File #2007-13PB; Conceptual Consultation (Commercial Dev.): Chair Pro Tem Edwards opened the meeting at the request of Richard Jacquin for a Conceptual Consultation for a proposal to establish a commercial operation on property located on the south side of Keene Road (Rt. 9), Tax Map 222, Lot 3, in Antrim, NH 03440, located in the Highway Business District. Mr. Jacquin intends to finish site work, erect a garage to repair trucks, establish a place to park his trucks and equipment, and construct a temporary, office-equipment trailer on-site. Chair Pro Tem Edwards explained the conceptual consultation process by stating that it is a non-binding session that will offer Mr. Jacquin the opportunity to present his proposal to the Board and receive advice on what steps need to be taken to move
forward for a site plan review.
Chair Pro Tem Edwards asked Mr. Jacquin to present his proposal to the Board. Mr. Jacquin stated that he would like to clear his site and put up a garage and an office-equipment trailer. He stated that he is a procrastinator and has put it off for sometime but has revisited the issue because of the fact that the Town is considering rezoning the Highway Business District along Rt. 9. Mr. Houseworth stated that Mr. Jacquin would most likely be grandfathered if he obtained his site plan approval from the Board for a commercial operation before the re-zoning became effective, if any. Mr. Houseworth informed Mr. Jacquin he would have to go through the site plan review process. Mr. Jacquin was advised to obtain a new intent to cut permit from Town Hall and to meet with the Planning Staff to receive advice and help on how to
move forward with an application for a site plan review. Mr. Jacquin stated that he would like to go home and think more about it and will contact the Planning Staff when he is ready to go forward.
CBS Holdings, LLC; File # 2006-01PB; Public Hearing to Consider Revocation of the Cloud Court Subdivision: Chair Pro Tem Edwards continued the public meeting 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. Mr. Houseworth informed the members that he spoke with Town Counsel on the matter, as requested, regarding whether or not the Town could enter into a special agreement with CBS Holdings, LCC, in
lieu of revoking the subdivision. He stated that Town Counsel confirmed that an agreement, which is registered at the Hillsborough County Registry of Deeds and incorporated into the chain of tile for the properties, is a viable alternative to revoking the subdivision and such an agreement would have to be drafted and agreed upon by both parties. He stated that since the last Board meeting, Mr. Bosse has submitted a proposed draft agreement to the Planning Staff, which was forwarded to Town Counsel for review. Mr. Matt Serge, Town Counsel, informed Mr. Houseworth that the draft agreement looked satisfactory but suggested a couple language additions, in order to make the agreement more clear and specific. Mr. Houseworth also stated that CBS Holdings, LLC has been ‘administratively dissolved’ by the Secretary of State (NH Dept. of State) and therefore no one can sign on behalf of the company until the matter has been resolved with the State and the
applicant provides written proof that CBS Holdings, LLC has been reinstated and is in good standing with the NH Department of State.
Mr. Bosse stated that he hasn’t had time yet to get back in good standing with the State but plans on addressing the issue the next day, September 21, 2007, and upon doing so, will send a copy of the reinstatement certificate to the Town immediately. Chair Pro Tem stated that he would like to have all three individuals that make up CBS Holdings, LLC sign the proposed agreement, on behalf of the applicant, in order to assure that everyone is aware and agrees with the language of the agreement. The Board decided that once it receives documentation that CBS Holdings, LLC is in good standing with the State, it will review and edit the proposed DRAFT agreement, send it Town Counsel for final approval, and send it to CBS Holdings, LLC to be assured it meets the needs of both parties. Mr. Schacht moved to continue the
revocation public hearing to the next Board meeting on October 4, 2007, in order to provide Mr. Bosse with time to get back in good standing with the State, provide written proof to the Planning Staff, and allow time for the Board, Staff, and Counsel to review and edit the proposed agreement before the next meeting. Mr. Snow seconded the motion, which was unanimously passed.
2008 Planning and Zoning Department Budget; Begin Work on a DRAFT: Mr. Houseworth informed the members, as Mr. Edwards mentioned at the last meeting, that this is the time of year when we need to start thinking about the budget for 2008. He suggested that the Planning Staff and Budget Subcommittee meet a least a couple of times prior to presenting a DRAFT 2008 Planning and Zoning Department Budget to the Planning Board for approval at its November 1, 2007 regular meeting. He explained that once the Board has approved the 2008 Planning and Zoning Department Budget, the subcommittee and staff will present it to the Board of Selectmen at their meeting on Monday, November 5, 2007 at 8:00 PM. In addition, he explained that the final review of the 2008 budget is scheduled with the Board of Selectmen for
Monday, Nov. 26, 2007 at 8:10 PM. Mr. Houseworth stated that he would send an e-mail to the subcommittee members, suggesting dates to meet to draft, review, and edit the 2008 budget. Chair Pro Tem asked Mr. Houseworth to send out last years finalized budget for them to review.
Business Meeting – Resignation of Christopher Stephenson from the Board: Mr. Houseworth informed the members that Mr. Christopher Stephenson, an alternate member that recently joined the Planning Board this year, is resigning due to the fact that he is moving with his family to Vermont to pursue a new job opportunity. Mr. Houseworth stated that he thanked Mr. Stephenson for all of his time, energy, and contributions to the Board and wished him luck in his new professional endeavor.
IN-EX Homes, LLC; File #2007-02PB; Gravel Excavation Permit: Mr. Houseworth presented the members with a letter, dated September 19, 2007, to the TD Banknorth branch location in Jaffrey, NH, confirming the amounts that the Board agreed upon for two (2) irrevocable, letters of credit for the proposed excavation operation: 1) one for the reclamation of an excavation gravel pit; and 2) one for potential damages to a portion of a Class V town road, Pleasant Street, due to the excavation operations. He stated that on July 26, 2007, the Board agreed on a reclamation bond or irrevocable letter of
credit in the amount of $35,100.00 and a road bond or irrevocable letter of credit for potential damages to Pleasant Street in the amount of $40,972.50. He explained that Mr. Marrotte of In’Ex Homes, LLC, his lawyer, Mr. David Tower, and Town Counsel were having a hard time agreeing on the language of the two proposed bonds and therefore Mr. Marrotte has pursued a different avenue and is trying to establish two (2) irrevocable letters of credit instead. In order to set up the irrevocable letters of credit, TD Banknorth wanted written confirmation from the Town, on Town letter-head, of the agreed upon amounts for both of the irrevocable letters of credit, which prompted this letter to be sent.
Knapton, Donald; File #2005-12PB; Pierce Lake Estates II Subdivision: Mr. Houseworth presented the members with a letter, dated September 19, 2007, to the Westchester Fire Insurance Company, the bond company for the Pierce Lake Estates II subdivision performance bond (Bond #KO7312313), stating that the road is not completed to date, was not completed within the one year time frame specified by the language of the subdivision performance bond, and a number of deficiencies exist related to site erosion, groundwater seepage, and road construction. He stated that these deficiencies were observed by the Town Engineer during inspections he made in accordance with his road construction monitoring services agreement. Mr. Houseworth stated that this letter was sent to the bond company, as suggested by Town Counsel, in
order to satisfy obligation #1 of the subdivision performance bond and to allow for the Town to initiate legal proceedings for recovery in the future, if deemed necessary by the Board, in accordance with obligation # 2 of the subdivision performance bond.
Kateco Developing, LLC.; File #2005-05PB; Gravel Discrepancies Correspondence: Mr. Houseworth presented the members with a letter, dated September 10, 2007, from the Town Engineer, Mr. Peter Pitsas, to Ms. Anne Barbara Hantz of Gottesman & Hollis, P.A., the attorney for Kateco Developing, LLC, providing the requested information related to estimated quantities of gravel (i.e. bankrun and crushed gravel) used on the Homes at High Hills Subdivision project for upgrades to Ashley Road and to the construction of a new road, titled, ‘Green Ridge Road.’ He stated that the Board granted Mr. Pitsas approval to provide this information to the developer’s attorney, in order to resolve a gravel discrepancy dispute, and the Board does not view this as a conflict of interest because the intent is to help
resolve a legal dispute. He explained that the Town Engineer directly invoiced the developer for this request and it was made clear that this was not part of the road construction monitoring services provided by the Town Engineer. He stated that the letter was somewhat inconclusive because Mr. Pitsas stated in the letter that it is not possible to compare the quantities invoiced to the estimated quantity used for each material because they don’t have all of the invoices.
Sawyer, Winslow & Gloria; File #2007-12ZBA: Mr. Houseworth provided the members with a letter, dated September 11, 2007, from Mr. Thomas Gilbert, Shoreland Specialist at the Wetlands Bureau of the New Hampshire Department of Environmental Services, to Winslow and Gloria Sawyer at 17 Rachel Lane in Antrim (Tax Map 101, Lot 15) within the Lakefront Residential District. He explained that the Winslow’s appeared in front of the Antrim Zoning Board of Adjustment on August 21, 2007, requesting an area variance to expand an existing, non-conforming structure in order to add two (2) dormers to the second floor of their seasonal home. He stated that the Zoning Board of Adjustment granted the area variance but made it a condition of approval that the Sawyers must abide by whatever the NH DES requires because
the structure is located within the jurisdiction of the Shoreland Protection Act. He stated that the Sawyers applied to NH DES for a Shoreland Waiver before applying to the Zoning Board of Adjustment and this correspondence is the first from NH DES, essentially stating that additional information is required to clarify the request. Mr. Gilbert asked for clarification and more information on five (5) different issues and requested that all information submitted also be sent to the Antrim Conservation Commission for review. Mr. Gilbert provided the Sawyers with 120 days to submit the info. or it will be closed.
Resignation of Melissa Chapman as Chair of the Antrim Open Space Committee: Mr. Houseworth provided the members with an e-mail, dated September 18, 2007, from Melissa Chapman to the Antrim Town Hall Staff stating that she has resigned from the Antrim Conservation Commission and is also resigning from her position as Chair of the Antrim Open Space Committee. He explained that Ms. Chapman stated that she cannot find the time to work on the committee because of her teaching schedule, very long commute to and from work, and other evening commitments. She will be greatly missed.
Breezy Point Condominium Association; File #92-9PB; PB Condition Challenged: Mr. Houseworth explained that the Breezy Point Condominium Association is challenging an original condition (#2) of approval that was attached to the Planning Board’s approval of the Breezy Point Condominium complex on October 22, 1992. He provided the members with an e-mail, dated September 11, 2007, from Mr. Mark H. Puffer of PretiFlaherty, attorney for the Breezy Point Condominium Association, to Mr. Jeff Parsons, Antrim Code Enforcement Officer, responding to the Notice of Violation that was issued by Mr. Parsons on August 28, 2007. Mr. Puffer explained in his e-mail to Mr. Parsons that the Association has agreed to cover the “Private Property” sign pending the resolution of the dispute between the Association
and the Town concerning public access to Franklin Pierce Lake via Breezy Point Road. Mr. Puffer clearly stated in the e-mail that the Association is doing this without prejudice, meaning that it is temporary only and should not be construed as any type of admission with respect to the Association’s claims to maintain the sign and exclude the public from its property. He also stated that it is his understanding that as long as the association keeps the sign covered, no enforcement fines or penalties can be incurred.
Upcoming Conferences, Workshops, & Seminars:
SWRPC – The Monadnock Region in the Global Marketplace: Mr. Houseworth informed the members that a public forum, sponsored by the Southwest Region Planning Commission’s Economic Development Advisory Committee and the Greater Keene Chamber of Commerce, to hear expert panelists elaborate on the topic of ‘The Monadnock Region in the Global marketplace,’ and to be part of a discussion regarding possible next steps, has been scheduled for Friday, October 5, 2007, from 8:30 AM – 12:00 PM, at the Mabel Brown Room in the Young Student Center of Keene State College in Keene, NH. Registration is $7.00 and continental breakfast is provided.
NH OEP Fall Planning and Zoning Conference: Mr. Houseworth provided the members with the registration form for the New Hampshire Office of Energy and Planning ‘Fall Planning & Zoning Conference,’ scheduled for Saturday, October 13, 2007, from 8 AM – 3 PM, at the Mountain Club on Loon in Lincoln, NH. He highly suggested that all members attend, stated that the cost is $40.00, and registration ends on Friday, October 5, 2007. The cost includes breakfast, coffee, and lunch.
NH Local Government Center – Junkyard Licensing & Enforcement Workshop: Mr. Houseworth provided the members with a pamphlet for the New Hampshire Local Government Center’s ‘Junkyard Licensing & Enforcement Workshop,’ on October 22, 2007, from 9 AM – 3:30 PM at the NH Local Government Center at 25 Triangle Park Drive in Concord, NH. There is no cost, lunch is provided, & registration ends 10/15/07.
NH Local Government Center – 66th Annual Conference and Exhibition: Mr. Houseworth provided the members with a pamphlet for the New Hampshire Local Government Center’s ‘66th Annual Conference and Exhibition,’ on November 7-9, 2007 at the Radisson Hotel on 700 Elm Street in Manchester, NH. He explained that this event provides cutting edge programs on topics of interest to municipal officials, plus an expansive exhibit hall showcasing the latest in goods and services offering solutions to local government needs. Visit www.nhlgc.org for updates or further information.
Mr. Snow moved to adjourn the meeting, which was seconded by Mr. Schacht and was unanimously passed. Chair Pro Tem Edwards adjourned the meeting at 10:30 PM
Respectfully submitted,
Laurie Lemons, Planning Assistant
Antrim Planning Board
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