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Planning Board Minutes 10/04/07
ANTRIM PLANNING BOARD OF MEETING

October 4, 2007 Meeting

Members & Staff Present:        Mary Allen                      Bob Edwards     
Bradley Houseworth              Laurie Lemons           Brian Sawich            
Kathy Wasserloos        
                                                                                        
Member & Staff Absent:          Scott Burnside          Joe Koziell             
Andrew Robblee          Steve Schacht                   Sandy Snow              
                                                                        
Public Attendees:               Sam Bonacci                     John Bonchefe           
Rumpley Brooks          Nathan Chamberlin               Micheline DeRosa                
Phil Marrotte                   Peter Pitsas                    William Rirt                    
Jerry Schultz                   Marlene Schultz         David Tower                     
Dan Wasielewski 
                                                                
Chair Sawich convened the meeting at 7:00 PM, introduced himself and the Board members, and appointed Ms. Allen to sit for the absent Mr. Snow.

Maharishi Global Development Fund; File #2007-15PB; Academy of Total Knowledge Proposal - Conceptual Consultation:  Chair Sawich opened the public meeting at the request of the Maharishi Global Development Fund for a Conceptual Consultation for a proposal to establish an all boys prep school titled, 'The Maharishi Academy of Total Knowledge,' on land formerly known as Hawthorne College, and property located at 78 Old North Branch Road (Tax Map 207, Lot 15) in Antrim, NH 03440 in the Residential District and the Institutional Overlay District.  Mr. Edwards clarified that this is a conceptual consultation purposes and therefore nothing is binding on either party and it is strictly an idea sharing session between the Town of Antrim Planning Board and the Maharishi Global Development Fund.  Chair Sawich asked the applicant to present their proposal to the Board.

John Bonchefe introduced himself and stated that this academy would be a boarding school for boys, 9th grade thru 12th grade.  There are undecided at this point whether or not it will eventually be co-ed in the future.
"       Maharishi Academy of Total Knowledge wishes to have site plan review materials prepared within the next 3 months for the Town's review (January '08)
"       Planning on getting school up and running by September '08
"       Campus is located at the same area as Hawthorne College
"       Plan to use respectfully only 20% of the property for the proposed prep school
"       Adjusting design to make sure they have minimal impact on wetlands
"       Discussing minimizing traffic issues.  Traffic should be 1/3 of what Hawthorne had been using due to the fact that most children will be boarding and won't have their vehicles on campus.
"       Benefits to Antrim 30 Million dollars worth of building revenue.
"       Estimate 110 new jobs, from teaching, office, administration, to janitorial.
"       Gymnasium, Tennis Courts, 400-seat Auditorium open to the Town of Antrim
"       Some of the prep school's buildings will be taxable, which will bring tax revenue to the Town of Antrim
"       Maharishi doesn't expect to develop the currently unused land due to the conditions of the topography, the presence of steep slopes, and wetlands and they are considering putting allot of the land in conservation.
"       Mr. Edwards wanted to know if the Old North Branch Bridge is adequate.  The bridge is slated for repair and this issue is currently being addressed by the Town Administrator, Mr. Bill Prokop. The applicant is working with Mr. Prokop to see what would be the best option for that area for proper access to the campus.
"       One option for access to the campus is via the old gravel pit on Rt. 9, on Town property, which would protect the residents on River Rd and North Branch Rd.
"       Ms. Allen wanted to know if potential employees will be residing on campus or within the community.  The applicant stated that it would be dependent on the circumstances and their position.
"       Mr. Sawich wanted to know if the students would go home during the summer and the answer was yes.  
"       Ms. Wasserloos wanted to know how the 110 employees would affect the employees during the summer months.  Maharishi response was it would be a salary job most likely and would receive payment all year long.
"       The Maharishi Academy would have the 501(c)(3) tax-exempt status
"       Ms. Wasserloos wanted to know how this will impact the Police & Fire Dept.  Maharishi will have a gated entrance and their own security on the grounds.
"       Brian asked about medical staff.  There will be a certified nurse onsite with 10 patient beds in the existing Scarborough Building of the campus.
"       Ms. Allen asked about the Invincibility Tower; Maharishi answered this would be used for meditation and as a center/ gathering place for the campus.
"       Majority of the buildings will be two stories and under thirty five (35') ft. tall.

Chair Sawich stated that the proposed area is within the Institutional Overlay District and he does not foresee any major issues.  Mr. Edwards stated that the site plan review will give the Board a better idea of the proposal and will provide more details and plans for the proposal.  Mr. Wasielewski recommended that anyone wanting more information on Maharishi Academy to please visit their website:  www.maharishiacademy.net.

Schultz, Jerry & Marlene 2007-14PB Special Use Permit:  Chair Sawich opened the public meeting on the request of Jerome & Marlene Schultz for a Special Use Permit to construct a retaining wall within twenty five (25') feet of the high water mark of Gregg Lake on property located at 15 Rachel Lane (Tax Map 101, Lot 10) in Antrim, NH 03440, located in the Lakefront Residential District.  Mr. Sawich asked Mr. Houseworth to read the public notice aloud, which he did, and asked if any abutter letters were received by the staff.  Mr. Houseworth stated that all certified letter return receipts were received and no abutter letters were submitted either for or against the proposal.  Chair Sawich asked the applicants to introduce themselves and to present their proposal.

Mr. Jerry Schultz introduced himself and his wife and explained that they wish to obtain a special use permit from the Board in order to install a fifty seven (57') foot drystack retaining wall which will be approximately 1.5' above grade.  He stated that loam will be placed behind the wall to level out the topography and reduce the downward pitch of the yard behind the wall.  They will also be replacing rotting railroad timbers with 4 bluestone steps behind the house and will be planting native vegetation between the wall and the shoreline.
"       Mr. Schultz stated that the purpose of the retaining wall is to avoid further erosion of his property and shoreline and to conserve the wildlife benefits of the lot.
"       No vegetation will be removed and they will be adding plants with dense roots to enhance the grounds, stabilize the soil, and make it more aesthetically pleasing.
"       He stated that the wall is a positive impact which will help protect the shoreline, improve Gregg Lake water quality, and benefit plants and animals.
"       Mr. Schultz stated that his neighbors are very supportive of this project and would be willing to come forward and state such if the Board would like them to do so.
"       Mr. Schultz stated that they are long time stewards of Gregg Lake, participate in the Gregg Lake Association, and help preserve the integrity of the lake.
"       Excellent photos presented to the Board to review regarding the proposal.
"       Jeff Parsons and the State would have the authority to oversee the project.

Chair Sawich asked Mr. Houseworth if he feels sufficient information was submitted in order to accept the application and begin the deliberation period; he replied that he believes it is sufficient and it is a very thorough and complete application.  Mr. Edwards moved to accept the application, which was seconded by Ms. Wasserloos, and was unanimously passed.  The roll call vote follows: Mr. Sawich - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, and Ms. Allen - aye.  

Chair Sawich stated that the application for a special use permit has been accepted, closed the public meeting, and opened the public hearing.  He asked if any abutters present would like to speak either in favor or against the proposal; there were none.  He asked if any public citizens present would like to speak either in favor or against the proposal; there were none.  Chair Sawich closed the public hearing and opened the public meeting for the Board to deliberate on the merits of the proposal.  Ms. Wasserloos asked why they did propose to use patio stone for the area behind the house;   Mr. Schultz replied that it was based on a recommendation from the State, NH DES.  Mr. Houseworth read aloud the six (6) criteria to be considered by the Board when deciding whether to grant a Special Use Permit (As described in Article XI, Section G- Wetlands District).

Mr. Edwards moved to grant a special use permit, with conditions, for the application of Jerome and Marlene Schultz for their proposal to construct a retaining wall within twenty five (25') feet of the high water mark of Gregg Lake on property located at 15 Rachel (Tax Map 101, Lot 10) in Antrim, NH 03440, located in the Lakefront Residential District.  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 October 4, 2007 and subsequent meetings as they pertain to this application are a conditional part of this approval.
        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 response from NH DES for their Requirements and Concerns.
        4) Any Town oversight by the building inspector for the construction of the     retaining wall.

Ms. Allen seconded the motion, which passed unanimously.  The roll call vote follows:  Mr. Sawich - aye, Mr. Edwards - aye, Ms. Wasserloos - aye, and Ms. Allen - aye.

IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Chair Sawich continued 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), and Antrim, NH 03440 in the Rural Zoning District.  Chair Sawich asked Mr. Houseworth to review the updated information for this application.

"       Mr. Houseworth stated that it is the 72nd day since the application was received by the staff and therefore it is beyond the 65 day deadline by which the Board must approve, conditionally approve, or disapprove the application [as specified by RSA 676:4(c)(1)].  Mr. Houseworth advised the members to ask the applicant if he would be willing to allow an extension.  Mr. Tower, Counsel for IN-EX Homes, LLC, stated they have no objections and will agree to an extension to the next Board meeting, scheduled for Oct. 18, 2007 at 7:00 PM at the Town Hall.
"       IN-EX Homes, LLC was given the option to continue the meeting to the next Board meeting, due to fact that there were only four (4) Board members present.  IN-EX Homes, LLC decided to continue the meeting tonight with 4 members.
"       Mr. Chamberlain re-stated IN-EX Homes, LLC intent for the subdivision.  He stated that it isn't their intent to change the design or layout of the subdivision plan due to the fact that it would not be cost effective for Mr. Marrotte.
"       Looking for a decision by the Board regarding the need for a second access into the subdivision, the number of lots and layout of the subdivision, and the layout of the proposed open space lot.
"       Conservation Commission requested a trail be added to the plans, which would provide access for the homeowners to the open space lot.  IN-EX Homes, LLC has provided a trail on the revised plans.  They stated that the allowed uses and restrictions of the open space lot would ultimately be up to the association.
"       Mr. Chamberlain doesn't feel they should be held to comply with regulation changes that have not been approved by the Board and Town of Antrim to date.
"       Mr. Chamberlain stated he would submit a written waiver for some of the shared driveway requirements of the Antrim Subdivision and Site Plan Review Regs.
"       Conservation Commission's main concern is that there are too many lots proposed for this cluster subdivision with the existing topography of the tract and the irregular shape of the proposed open space lot.
"       Open space lot can also serve as a fifty (50') foot buffer for the entire tract, as required by the cluster housing regulations.  The Board will have to decide if this is acceptable, based upon their interpretation of the cluster housing regs.
"       Mr. Tower provided a proposed, draft, warranty deed for the new subdivision lots and a proposed, draft, declaration of covenants, easements, access road, and shared driveway deed for the open space lot and all other proposed easements.
"       The proposed shared driveway went from accessing three (3) lots to now accessing two (2) lots.  All private wells and septic systems on lots 2, 3, & 4 will be moved to all be on one side of the wetlands.  Each owner will have 1/6 interest in the open space lot, as specified by the homeowners association proposed deed.
"       Maintenance of the open space lot will be the responsibility of Mr. Marrotte until he has sold 4 out of the 6 lots, and the Homeowners Association takes over.
"       Association will have the authority to determine whether or not they will allow public access for open space.  Mr. Tower recommended that the open space lot be restricted solely to the homeowners of the lots.
"       Mr. Edwards suggested that the motorized vehicles be prohibited from being used within the open space lot.  Mr. Tower stated that he is open to such a restriction.

Mr. Tower recommended that the Board decide on a number of issues: 1) the number of lots proposed for the subdivision; 2) the layout of the lots for the subdivision; and 3) the configuration of the open space lot.  Mr. Edwards moved to approve of the number of lots shown on the plan (6 house lots and an open space lot), the design and layout of the six (6) house lots, and the shape and configuration of the open space lot, which was seconded by Ms. Wasserloos and was approved by a majority vote (3 members in favor, 1 opposed - Ms. Allen opposed).  
 
Mr. Peter Pitsas, the Town Engineer, addressed several of his comments from his report and review of the subdivision plans.  The main points are as follows:
"       He suggested that the roadside swales be deeper for proper drainage.  Mr. Chamberlin argued and disagreed; he stated that their plan shows adequate drainage and meets the requirements of the subdivision regulations and they don't understand why Underwood is trying to require proposed regulation changes.
"       Mr. Chamberlain stated that the proposed driveways all have a negative grade and will not allow stormwater runoff onto the road.  
"       Revised plans will be prepared and sent to the Town of Antrim within a week.
"       The Board agreed to a condition of approval that a slope easement be drafted and approved by the Board for the work that will be done on the abutting property owned by Mr. John Gordon, along the west side of Harriman Way.  IN-EX Homes, LLC is stating that they have spoken with both abutters and they will get this agreement in writing.  

Mr. Chamberlin stated that they will be requesting the following waivers in writing:
(1) Sight distance for the proposed road, Harriman Way, at its intersection with Pleasant Street.  The abutter, Ms. Micheline DeRosa's property, is 16' from the edge of the right of way of Pleasant Street and even with the reduction of the hillside within the right of way of Pleasant Street, the sight distance to the west of Harriman Way will be two hundred and fifty (250') feet at best (300' is required).  Ms. DeRosa hasn't approved of IN-EX Homes, LLC going onto her property to increase the sight distance and is still waiting to see engineered plans from the applicant.
(2) Waiver for the type of cul-de-sac proposed at the end of Harriman Way.  They are proposing a hammer head cul-de-sac design instead of a standard, circular design.
(3) Waiver for 24" depth of gravel for the proposed new road, Harriman Way.  Underwood would prefer 24", which is part of the regulations, but the applicant is proposing to use only twelve (12") inches instead.

After a short discussion regarding what tasks need to be accomplished before the next meeting, Mr. Edwards moved to continue the public meeting to the Board's next meeting on Thursday, October 18, 2007 at 7:00 PM at the Antrim Town Hall.  Ms. Wasserloos seconded the motion, which unanimously passed.  The Chair thanked the applicants for attending and asked that they submit revised plans at least seven (7) days before 10/18.

CBS Holdings, LLC; File # 2006-01PB; Public Hearing to Consider Revocation of the Cloud Court Subdivision:  Chair Sawich continued 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.  Mr. Houseworth informed the members that the staff did receive confirmation from Mr. Bosse and the NH Department of State that CBS Holdings, LLC is back in good standing with the State.  He also stated that Mr. Edwards, Mr. Houseworth, and Town Counsel have revised the proposed, draft agreement between the Antrim Planning Board and CBS Holdings, LLC and have sent the revised, draft agreement to Mr. Bosse for review.  He stated that Mr. Bosse called him on Friday, September 28, 2007 and he stated that he approved of the language of the revised, draft agreement.

Mr. Bosse, nor any other representative of CBS Holdings, LLC was present at this public hearing.  Ms. Allen moved to continue the revocation public hearing to the next Board meeting on October 18, 2007, with the condition that it not be continued again if there is no one present on behalf of CBS Holdings, LLC on October 18, 2007.  Ms. Wasserloos seconded the motion, which passed unanimously.

Town Engineer's Update Regarding the Re-Write of Sections of the Antrim Subdivision and Site Plan Review Regulations:  Mr. Pitsas supplied a draft version of the sections of the Antrim Subdivision and Site Plan Review Regulations that he has revised to date, October 4, 2007, to the members of the Boars.  He explained that it is a working draft and demonstrates what work that has been done so far.  He stated that he plans to have this work completed by the end of the year.

Town Engineer's Update Regarding the Status of the Road Work for all Major Subdivisions:  Mr. Pitsas provided status reports for the following major subdivisions, highlighting their road  construction status, the current construction issues, the amount left in the construction services budget, and the current bond amount or letter of credit amount for each major subdivision:

Homes at High Hills Subdivision; File #2005-05PB: Reviewed status report with Peter from Underwood; reports were distributed to the Board as well as to the staff.
"       Underground utilities
"       Road should not be accepted until all housing is complete and final paving is done per Underwood recommendation.
"       Lien from Landsite regarding gravel delivery on project needs to get cleared up prior to road approval.  The gravel dispute technically should've been presented at the time of delivery and not after the fact.
"       Bond amount changed several times and is currently at $54,000.00; this amount is only for pavement on Ashley Road, not both roads, and should be considered when asked to reduce the letter of credit amount because the applicant now wants to pave Green Ridge Road.
"       ESR (Engineering Service Request) Peter wants to know if Mr. Houseworth has the authority to sign and agree to the ESR.  Board approved Mr. Houseworth permission to sign all future ESRs.

Pierce Lake Estates; File #2005-12PB: Reviewed status report with Peter from Underwood; reports were distributed to the Board as well as to the staff.
"       Need to determine who inspects driveways upon completion
"       There is $700.00 left in the construction services budget
"       Bond amount current amount is $78,257.50; worksheet was provided

Mulhall Heights Subdivision; File #2005-03PB:   Reviewed status report with Peter from Underwood; reports were distributed to the Board as well as to the staff.
"       Grass is growing nicely
"       Budget will need an additional $4,000.00 beyond original amount.
"       Mr. Pitsas will do a walk thru and create a work-to-do list for final improvements.
"       To date, no lots have been sold.

2008 Planning and Zoning Department Budget; Begin Work on a DRAFT:  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.  He stated that the first meeting is set for Wednesday, October 17, 2007 at 7:00 PM at the Antrim Town Hall and the second meeting is proposed for Wednesday, October 24, 2007 at 7:00 PM.

Mr. Edwards moved to adjourn the meeting, which was seconded by Ms.Allen and was unanimously passed.  Chair Sawich adjourned the meeting at 11:00 PM

Respectfully submitted,


Laurie Lemons, Planning Assistant
Antrim Planning Board