ANTRIM PLANNING BOARD OF MEETING
November 1, 2007 Meeting
Members & Staff Present: Mary Allen Scott Burnside
Bob Edwards Bradley Houseworth Joe Koziell
Laurie Lemons Andrew Robblee Steve Schacht
Brian Sawich Kathy Wasserloos
Member & Staff Absent: Sandy Snow
Public Attendees: Sam Bonacci Nate Chamberlin
Phil Marrotte Peter Pitsas David Towers, Attorney
Chair Sawich convened the meeting at 7:00 PM, introduced himself and the Board members, and welcomed everyone to the meeting.
Approval of Planning Board Meeting Minutes: Mr. Schacht moved to approve the minutes of the September 20, 2007 Board meeting as presented, which was seconded by Mr. Koziell and was unanimously approved. Ms. Wasserloos and Mr. Burnside abstained from voting on the approval of the minutes because they were absent at the 9/20 meeting.
Ms. Wasserloos moved to approve the minutes of the October 18, 2007 Board meeting as corrected, which was seconded by Mr. Schacht and was unanimously approved. Ms. Allen abstained from voting on the approval of the minutes because she was absent.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Burnside recused himself from this case due to the fact that he has missed several meetings and did not feel he was familiar enough with the status to date. 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) in Antrim, NH 03440, in the Rural Zoning District. He asked Mr. Houseworth to review the updated information for
this application. Mr. Houseworth explained that revised plans were received from Mr. Chamberlin on Friday, October 26, 2007 and were subsequently reviewed by the Planning Staff and the checklist was updated for this meeting. In addition, he stated that Mr. Pitsas provided a revised peer review report regarding the revised plans and his comments have also been added to the checklist by the staff. He explained that they also received input from the Antrim Water and Sewer Department regarding the specifics for the proposed fire hydrant on Harriman Way, input from the Road Agent regarding driveway, shared driveway, and subdivision road regulation requirements, and input from the Conservation Commission regarding the location and burial of tree stumps, a request for a hiking trail within the proposed open space lot be added to the plans, and their recommendation that a Special Use Permit be granted for the disturbance of the wetland by the proposed shared driveway.
Mr. Pitsas, Town Engineer, was in attendance to help answer any questions the Board may have regarding his peer review report and any changes made to the revised plans as provided by Mr. Chamberlin. Mr. Pitsas explained that he met this morning with Mr. Chamberlin to review the revised plans and the peer review report. Mr. Houseworth explained that the checklist was updated prior to Mr. Chamberlain & Mr. Pitsas’s review this morning so additional corrections will be made to the checklist as the Board reviews it but is confident that the Board would be able to make some final decisions on some of the open items on the checklist and possibly on some of the written waiver request items.
The Board agreed to review the checklist, the revised plans, and the new information.
· There were multiple items satisfied on the checklist between the Planning Board, Mr. Pitsas, and IN-EX Homes, LLC. There are still some pending items that require additional input from Mr. Pitsas, the Police & Fire Department, and the Road Agent.
· Additional information will be obtained, revised plans reviewed, and the Checklist will be updated for the next Board meeting on November 15, 2007.
· Mr. Pitsas stated that the applicant has submitted a written waiver request to construct an 18’ wide road instead of the required 20’ wide road. After a short discussion regarding the requirements of Section IX.H.3: ‘The finished surface of the traveled way shall not be less than the width of the connecting Town Road unless specifically approved by the Planning Board,’ Mr. Edwards moved to waive this item, which was seconded by Ms. Allen, and unanimously passed.
· A written waiver request was also submitted for the line of sight requirement of three hundred (300’) feet from the exit of Harriman Way onto Pleasant Street. The applicant has 300’ line of sight to the east but only has 225’ line of sight to the west, if all proposed improvements are made within the Town’s right-of-way along Pleasant Street, including the construction of a 4’ high retaining wall. If the retaining wall is constructed, Mr. Pitsas pointed out that a temporary easement will need to be obtained from the abutter, Ms. DeRosa, and stated that the property boundary may be hard to determine because it is on a curve and
suggested that she be contacted so that we are all in agreement regarding her property boundary line and the location of the proposed retaining wall.
· Mr. Edwards stated that no easement should be approved on an abutter’s property without prior approval from the abutter and the abutter could provide a written letter stating that they have no objections to the proposed activities. Mr. Edwards would also like the speed monitor placed on Pleasant Street near the site to obtain accurate data and statistics regarding the avg. number of vehicles and their speeds.
· Mr. Chamberlain showed example diagrams and pictures of the type of versa-lock retaining wall proposed along Pleasant St. to improve the sight distance.
· Conservation Commission report expressed concerns regarding the location of proposed stump burial areas in low-lying areas of the lot and wanted to know if test pits have been conducted in these areas to confirm depth to the water table. Mr. Chamberlin explained that the tree stumps will not be buried very deep and will be more of a tree stump berm than a complete burial below the ground.
· The Conservation Commissions’ October 25, 2007 correspondence to the Board was also reviewed and it stated that the commission accepts the revised plans illustrating an open space access trail on sheet 4 and views this as a natural resource benefit within the context of the commission’s Natural Resource Benefits Policy. However, the commission asked for the trail to be extended to the bottom of the hill in hope that it may be connected in the future to a trail on the Bryers’ Lane Subdivision common land parcel and therefore, with the addition of the con-span bridge proposal, supports the Board granting a Special Use Permit
· The Board reviewed the recent report submitted by Mr. Jim Cruthers of the Town Water & Sewer Department regarding the specific requirements for the connection of the proposed fire hydrant to the existing water line.
· Town Counsel reviewed the draft Warranty Deed and draft Declaration of Covenants, Easements, & Shared Driveways documentation proposed by In’Ex Homes, LLC attorney, Mr. David Tower, and e-mailed Mr. Houseworth that in general, they are in suitable form for their intended purposes. Town Counsel stated that the covenants adequately address the issues of the shared driveways, open space, the road, and their maintenance but wanted to know if there are any drainage easements for the road to which reference need to be made in the deed. Mr. Houseworth advised the Board that these slope, drainage, and utility easements will need to be added to the
language of these two documents.
· Mr. Tower supplied the staff with revised drafts of the Warranty Deed, Declaration of Covenants, Easements, & Shared Driveways, and a Grant of Easements Deed which included references to slope, drainage, and utility easements. The staff will send them to Town Counsel for further review.
· The Board addressed the need for the applicant to obtain a Special Use Permit from the Board for the disturbance to the wetlands from the proposed shared driveway. Based on input supplied by the Conservation Commission and the applicant, the Board decided to grant the Special Use Permit in this case, but made it conditional upon NH DES approving of the crossing of the jurisdictional wetland via the Standard Dredge and Fill application, which was submitted by the applicant. Mr. Edwards moved to grant the Special Use Permit, which was seconded by Mr. Schacht and was unanimously approved. Roll Call Vote: Mr. Edwards – aye, Ms. Allen
–aye, Mr. Schacht – aye, Ms. Wasserloos – aye, and Mr. Robblee – aye.
The following items on the checklist were those which the applicant submitted written waiver requests for and were either granted or denied by the Board:
· Section IX.F.7.c of the Subdivision Regulations: “The shared portion of the driveway shall not extend more than fifty (50) feet from the intersection with the highway.” If the Board wishes to waive this requirement, Mr. Varnum is supportive of a waiver being granted for this item. Mr. Robblee moved to grant the written waiver request for this item, which was seconded by Mr. Schacht, and was unanimously approved.
· Section IX.F.6.a of the Subdivision Regulations: “All culverts shall be galvanized steel pipe with a minimum diameter of twelve (12) inches and minimum cover of twelve (12) inches.” Mr. Schacht moved to grant the written waiver request for this item, which was seconded by Mr. Edwards, and was unanimously approved.
· Section IX.H.9 of the Subdivision Regulations: “Base coarse gravel shall consist of a minimum of twenty four (24) in. of compacted gravel.” Mr. Edwards moved to deny the written waiver request for this item, which was seconded by Ms. Allen, and was passed by a 3 to 2 vote. Roll Call Vote: Mr. Edwards – aye, Ms. Allen –aye, Mr. Schacht – nay, Ms. Wasserloos –aye, and Mr. Robblee –nay.
Mr. Chamberlain stated that he will submit updated, revised drawings, taking into account the Boards’ comments, the granted waivers, and Mr. Pitsas’ comments. Mr. Edwards moved to continue the public meeting of In’Ex Homes, LLC for a major subdivision proposal to the next Board meeting on Thursday, November 15, 2007 at 7:00 PM, which was seconded by Ms. Allen and was unanimously approved.
CBS Holdings, LLC; File #2006-01PB; Public Hearing to Consider Revocation of the Cloud Court Subdivision: Mr. Burnside recused himself. 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. Mr. Houseworth stated that Mr. Bosse isn’t coming tonight but dropped off the signed agreement on October 30, 2007 with the (3) three necessary signatures and notorieties. There were no changes with the language of the agreement and it just needs to be signed by the Planning Board Chair, Mr. Sawich, and notarized, prior to being sent to Town Counsel to register.
· Mr. Houseworth suggested that the Board continue the public hearing to consider revocation of the Cloud Court Subdivision until the agreement is notarized by Mr. Sawich and has been properly filed at the Hillsborough County Registry of Deeds.
· The Board agreed that the cost for filing the agreement at the Hillsborough County of Deeds will be at the expense of CBS Holdings, LLC.
· The Board moved to have Town Counsel be responsible for properly registering the agreement at the registry and will notify the planning staff when completed.
Mr. Edwards moved to continue the revocation public hearing for CBS Holdings, LLC to the next Board meeting on November 15, 2007 at 7:00 PM at the Antrim Town Hall, which was seconded by Mr. Schacht. Roll Call Vote: Mr. Edwards – aye, Ms. Allen – aye, Mr. Schacht – aye, Ms. Wasserloos – aye, Mr. Koziell – aye and Mr. Robblee – aye.
Pierce Lake Estates II Subdivision; File #2005-12PB: Mr. Pitsas addressed the Board regarding an October 10, 2007 letter he sent to Mr. Don Glover, Glover Construction, Inc., regarding site erosion issues at the Pierce Lake Estates II Subdivision off Pierce Lake Road in Antrim. He highlighted a number of erosion issues on Lot 7, which has been sold and transferred to a new owner. Mr. Pitsas asked Mr. Glover if he had any plans of fixing the erosion issues to stabilize the soil and prevent it from washing into the roadside swale as it did last year. Glover stated that he was planning on going out one last time but he doesn’t feel it is his responsibility for the erosion because Glover sold the property to someone else. There is very fine sand at the end of the driveway and
Mr. Pitsas is unsure what the solution is to stop erosion. Mr. Glover told Mr. Pitsas that he would be going out to hydro seed the area to help solve the erosion issues.
Mulhall Heights Subdivision; File #2005-03PB; Need for Additional Drainage Easements: Mr. Pitsas presented the members with a letter, dated October 30, 2007, and addressed to Mr. Don Hardwick of D.H. Hardwick & Sons, regarding the need for additional drainage easements for numerous lots within the Mulhall Heights Subdivision off Rt. 202 in Antrim. He explained that he recently drove through the subdivision and noticed that the granite bounds and iron pins have been placed along the edge of the right-of-way. Due to the revised depth of the swales, the location of the roadside drainage swales has been moved back. Therefore, the property corners are located at the bottom of the swale and on lot #103-9 the swale is completely on private property. To ensure that the Town will be
able to maintain these swales when they take over the road, easements will need to be written into the deeds for Lots 103-3 through 103-11, and 103-14 through 103-20. Mr. Pitsas has requested to D.H. Hardwick & Son to please provide documentation that these easements have been written into the deeds.
Homes at High Hills Subdivision; File #2005-05PB: Mr. Pitsas stated that he recently drove through this subdivision and made the following observations:
· Mr. Pitsas stated that it appears that two additional bounds were placed, that are not on the plans, across the street from property corner pins (near Sts. 22+65 and near Sta. 24+85).
· The location of the transformer pad near Sta. 22+65 is located directly over the proposed property pins and therefore this pin could not be placed.
· The transformer pad and some of the underground utilities are off of the road right-of-way and therefore will need to be moved or an easement will have to be written into the deeds for these properties and the deeds will have to be rerecorded
· Because Mr. Thibeault removed the stone wall along the north side of Ashley Road, the deed description for lot 20-9 is incorrect. New bounds need to be placed along the road and the deed description will need to be revised and rerecorded. A revised plan will need to be sent to the Board and rerecorded.
· The Board needs to determine a procedure for when building permits can be issued for new, major subdivisions which involve the construction of a new road. Mr. Houseworth will work on this with Mr. Parsons and Mr. Pitsas.
· Mr. Pitsas suggested site walks with the Board prior to issuing building permits
Planning Staff & Budget Subcommittee Meeting - 2008 Budget: Mr. Houseworth presented the proposed 2008 Planning and Zoning Department Budget to the Board for review and feedback. The 2008 budget was accepted as presented by the Board.
Breezy Point Condominium Association; File #92-9PB; PB Condition Challenged: Mr. Houseworth provided a copy of a response to Mark H. Puffer, Esquire stating that the Town of Antrim will not be changing their position and will continue to enforce the condition of the 1992 Planning Board decision requiring the road from the turnaround to Franklin Pierce Lake to remain open to the public for a boat launch.
Mr. Koziell moved to adjourn the meeting, which was seconded by Mr. Schacht and was unanimously passed. Chair Sawich adjourned the meeting at 10:00 PM
Respectfully submitted,
Laurie Lemons, Planning Assistant, Antrim Planning Board
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