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ANTRIM PLANNING BOARD OF MEETING
November 15, 2007 Meeting
Members & Staff Present: Mary Allen (Alternate), Scott Burnside (Vice-Chair), Bradley Houseworth (Planner), Joe Koziell (Alternate), Laurie Lemons (Planning Assist), Andrew Robblee (Member), Steve Schacht (Ex-Officio), Sandy Snow (Member),
Kathy Wasserloos (Member)
Member & Staff Absent: Bob Edwards (Member), Brian Sawich (Chair)
Public Attendees: Micheline DeRosa (Abutter), John Gordon (Abutter)
Phil Marrotte (IN-EX Homes), Nate Chamberlin (Engineer for IN-EX Homes)
Chair Pro-tem Schacht 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: Ms. Wasserloos moved to approve the minutes of the November 1, 2007 Board meeting as corrected, (page 3, last bullet, Mr. Robblee stated 'nay' not 'aye') which was seconded by Mr. Burnside and passed.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Burnside recused himself. Chair Pro-tem Schacht 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 requested Mr. Houseworth to bring the Board up to speed on what has transpired over the past (2) two weeks. Mr. Houseworth stated that he received an e-mail from the applicant's attorney, Mr. David Tower, agreeing to an extension to tonight's meeting of the sixty five (65) day deadline to either approve or disapprove of the major subdivision application. He stated that the Police Chief provided statistics to the planning staff from the police speed trailer which was
placed on Pleasant Street for a seven (7) day period in 2006 regarding the number of vehicles and their speeds. He explained that the statistics show that there were 3097 vehicles that had traveled Pleasant Street on that particular week, with an average of 221 vehicles per day, and the readings showed a few vehicles going over 40mph but the majority were between 30-40mph. In a recent memo to the Board, the Police Chief stressed three (3) areas of concern:
1. The obvious lack in distance of line of sight as recommended in the regulations.
2. There is a fairly sharp corner in the middle of the line of sight, thereby reducing vision to the access way that much further.
3. Vehicles traveling west towards Rte 202 will be traveling down a significant grade, and around the above mentioned corner, significantly reducing their vision of any vehicles entering or exiting the access way. Operators failing to obey the posted speed limit will increase the potential for motor vehicle accidents.
Mr. Houseworth explained that Chief Feyrer expressed in his memo that he is hesitant in agreeing to waive the required 300' line of sight due to the potential risk of liability should a motor vehicle accident take place, but is willing to discuss this matter further, if necessary, in order to help the Board come to a resolution with the applicant. The Board asked Mr. Houseworth to check with the Police Department to see if they would consider dropping the speed limit to 25mph along Pleasant Street in order to help alleviate some of the safety ands line of sight concerns and help the Board feel better about waiving the 300' line of sight subdivision requirement. Mr. Houseworth stated he would have to speak with the Police Chief and the Selectmen to see if it would be an option.
Mr. Houseworth also advised the Board that the staff received a proposed/ draft slope, drainage, and utility easement deed (Grant Easements Deed) from Mr. Towers, attorney for In-Ex Homes, LLC, for lots 1-6 in the proposed subdivision, in order to allow access to these areas for maintenance and repairs to slopes, utilities, and drainages. He stated that he passed the grant easement deed, warranty deed, and declaration of covenants and restrictions to Mr. Mayer of Town Counsel for review. Mr. Mayer replied in an e-mail that it should be noted that the covenants permit the use of open space for recreation and conservation uses, and the construction and installation of suitable recreation or conservation facilities and equipment. Counsel assumes that the Board intended that the open space be available for ball fields or other
semi-intensive uses. In addition, Mr. Mayer also suggested: 1) that the non-disturbance easement language from the warranty deed be added to the declaration of covenants and restrictions deed so that all owners, and the homeowners association, are on notice of what the "non-disturbance buffer" means; and 2) the shared driveway easements be recorded in the deeds to lots 17-3 and 17-4. Mr. Houseworth explained that Mr. Beblowski, of the Antrim Conservation Commission, also suggested that some sort of clause be added to the language of the non-disturbance buffers which allows for owners to cut vegetation in an emergency or rare storm event, after obtaining permission from the Conservation Commission and Planning Board.
Mr. Houseworth stated that the staff also received written documentation from Mr. Jim Cruthers of the Antrim Water & Sewer Department, stating that the proposed fire hydrant location and specifications are "Good to go" as far as he's concerned. Mr. Houseworth stated the hydrant specifications will require some further review by the Town Engineer, Mr. Pitsas. He also stated that Mr. Varnum, Antrim Road Agent, after reviewing the design of the subdivision, stated he would be more comfortable with a cul-de-sac turnaround design, rather than a hammer head design, because of the layout of the proposed private driveways. The applicants then requested to withdraw the written waiver request for a hammer head design and will stick with the cul-de-sac design. The planning staff also received confirmation from the
NH Department of Environmental Services (NH DES) Wetlands Bureau of their approval of the Wetlands and Non-Site Specific Permit application for the three (3) proposed jurisdictional wetlands impacts in order to upgrade, extend, and install culverts and a new bridge.
The Board then revisited the line of sight issue along Pleasant Street and the tentative proposal by the applicant to construct a four (4') foot high by seventy (70') foot long retaining wall on the north side of Pleasant Street, across form the access road to the subdivision, in order to increase the line of sight to the west. The Board expressed concerns about how this wall will impact the abutters, how it will impact the maintenance operations of Pleasant Street, and how the Board will address these concerns. Chair Pro-Tem Schacht asked Ms. DeRosa to speak regarding her concerns about the proposed retaining wall and how it will affect her and her property.
Ms. DeRosa stated she just found out today where the retaining wall will be constructed in regards to her property line and she has multiple concerns as to who will maintain the area of land between her property (and the retaining wall) and the road, which is within the Town's right-of-way for Pleasant Street. According to Mr. Chamberlin, they are proposing to cut out a portion of her slope and install a retaining wall, in order to improve the line of sight. Ms. DeRosa expressed concerns about the removal of vegetation and if it will have a chance to grow back up. Ms. DeRosa is upset because every year she has been cutting down this vegetation, without any help from the town, and would like to hear how the town plans on maintaining this after the IN-EX development is in place.
Mr. Marrotte stated that they had the property properly surveyed and it is now clear by her boundary markers that the property Ms. DeRose has been clearing does not belong to her but to the town. Mr. Schacht wanted to be clear that this retaining wall will be approximately 14ft from the paved road (Pleasant Street) and this stretch of land, within the Town's right-of-way, would be the responsibility of the Town to maintain and repair. Mr. Schacht asked Ms. DeRosa if all this is approved by the town, as far as maintenance with these specific conditions, would this eliminate any concerns she may have with this development. Ms. DeRosa replied that she has another person living with her, they also have a vested interest in the property, and she can't really answer that question right now. Ms. Lemon's proposed that she put
all her concerns in writing for the Planning Board to review so they can address Ms. DeRosa's concerns at the next Planning Board Meeting. Ms. DeRosa agreed she will have all concerns in writing and to the Planning Board prior to the next Board meeting on December 6, 2007. Mr. Houseworth stressed to Mr. Schacht that without any sign off from the abutters regarding the proposed temporary and permanent construction, slope and drainage, and utility easements on their respective properties, the Board should not be giving conditional approval to this subdivision.
Mr. Gordon, a direct abutter to the west of the access road, expressed concerns regarding having a permanent, twenty (20') foot wide, slope, drainage, and utility easement along the entire length of his eastern property boundary (resulting in an easement over approximately 12,000 square feet of his property). Mr. Chamberlain stated that they could change the plans to show a temporary easement for the majority of the eastern property boundary, but two areas would have to be covered by a permanent easement, in order to maintain the culvert and drainage issues. After a brief discussion on this subject, Mr. Snow moved to establish a temporary easement along Mr. Gordon's property, where possible, which was seconded by Mr. Koziell and was unanimously passed. Mr. Gordon also expressed additional concerns regarding what trees and
vegetation would be removed within this easement area. Mr. Gordon stated that the trees help block headlights as vehicles are coming up the road and asked the applicants to stake out the twenty (20') foot wide easement area on his property so he has an idea of where this will be. Mr. Marrotte stated that he would be willing to plant some evergreens to help with Mr. Gordon's concern and would stake out the proposed easement area on his property.
Ms. Wasserloos wanted to know what type of image this subdivision will create as far as the types of landscaping proposed. Mr. Marrotte said he would be planting a lot of evergreens and he wants to make the properties as marketable and appealing as possible. Mrs. Wasserloos would like Mr. Houseworth to ask Chief Feyrer what the implications would be of lowering the speed limit along Pleasant Street. Mr. Robblee stated that he has gone up to the designated area to review the line of sight and stressed that anyone who hasn't should do so before our next Planning Board Meeting so that the Board can give the applicant a final decision regarding the line of sight requirement. The Board members agreed and Ms. Wasserloos made a motion to continue the public meeting 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, to the next Board meeting on December 6, 2007. Mr. Snow seconded the motion, which was unanimously passed.
Mr. Houseworth suggested that the Board may want to consider requiring a preliminary design review phase for all new major subdivision proposals in order to address concerns regarding line of sight and lot layout configurations prior to actual submittals of formal applications. This would save the developer, as well as the Board and staff, a lot of time and money and would allow for a cleaner, and more efficient, approval process.
CBS Holdings, LLC; File #2006-01PB; Public Hearing to Consider Revocation of the Cloud Court Subdivision: Chair Pro-tem Schacht 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 informed the Board that he spoke with Matt Serge of Town Counsel and was advised that the Board doesn't need to continue this public hearing any further because the agreement between the Town of Antrim and CBS Holdings, LLC, has been signed by all members of CBS Holdings and the Antrim Planning Board Chair, Mr. Sawich, and therefore is a legal, binding contract. He explained that Town Counsel stated that although the agreement
has yet to be properly registered at the Hillsborough County Registry of Deeds; it is still a signed agreement which is binding on both parties. He also stated that Mr. Serge informed him that he has sent the agreement to the registry and will follow-up to make sure it is properly filed. Mr. Koziell made a motion to close the public hearing of the Board to consider whether to revoke the Cloud Court Subdivision conditional approval on Clinton Road (Rt. 31) in Antrim because the Town of Antrim and CBS Holdings, LLC have signed an agreement, which will be registered at the Hillsborough Registry of Deeds, instead of revoking the subdivision approval previously granted by the Board; which was seconded by Mr. Robblee, and was unanimously passed.
Antrim Computer Repair & Service - Is this a Change of Use?: Mr. Burnside returned to the Board. Mr. Houseworth presented the Board with a letter, dated November 12, 2007, from Mr. Matthew Burke, regarding his proposal to move his home based business, Antrim Computer Repair and Service, from 27 Highland Avenue in Antrim to its new location at 50 Main Street in Antrim and whether this move will constitute a 'change of use' and therefore require a site plan review with the Antrim Planning Board. Mr. Houseworth explained that Mr. Burke plans on renting office space from the property owner of 50 Main Street, Mr. Kevin Lacasse of DNL homes, in order to offer both computer sales and service from this new location. He explained that Mr. Burke also plans on subleasing a section of this office space to another company, JD
King Painting and Construction, to use as office space only and will not be used for storing any materials or equipment.
Mr. Houseworth explained that he feels that this proposal does not constitute a 'change of use' because the applicant is moving a home based business to a new location (in the space where there was a Video Rental Store in downtown Antrim) and therefore the use of the property would be the same as it was, which is retail. After a short discussion about the proposal, the Board agreed with Mr. Houseworth's assessment that the proposal is not a 'change of use' and therefore does not require a site plan review with the Board. Mr. Burnside moved that this proposal is not a change of use, which was seconded by Mr. Koziell and was unanimously passed.
Board of Selectmen requesting 2008 Budget Cut: Mr. Houseworth provided the members with a letter, dated November 13, 2007, from the Antrim Board of Selectmen to all Town Departments, stating that the current 2008 budget requests, if approved, would be an increase in the overall operating budget of approximately eighty five thousand ($85,000) dollars over the 2007 expenses and their goal is to reduce the overall operating budget requests by sixty thousand ($60,000) dollars; for an overall budget increase of approximately twenty five thousand ($25,000) dollars. He explained that the Board of Selectmen are asking each department to share in the reductions and they are asking the Planning and Zoning Department to reduce its 2008 budget request by one thousand, eight hundred and fifty ($1,850) dollars. He explained that the
increase in the overall operating budget requests is partially due to the fact that there are 53 weeks in 2008 versus 52 weeks in 2007. After a short discussion among the Board members regarding where the 2008 Planning and Zoning Department can be reduced, recommendations were suggested to reduce contracted services and consultant funds by a total of one thousand, two hundred and fifty ($1,250) dollars to help achieve the Selectmen's budget request.
Homes at High Hills Subdivision; File #2005-05PB; Issuance of a Building Permit: Mr. Houseworth provided the members with a letter, dated November 2, 2007, from the Town Engineer, Mr. Peter Pitsas, addressed to Ms. Katie Cook (Kateco Developing, LLC) regarding several concerns in reference to the roadside bounds and right-of-way lines for the Homes at High Hills Subdivision off Ashley Road in Antrim. He stated that the letter addresses a number of concerns including:
" 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 proposed power pole locations on Ashley Road appear to be very close to (if not past) the roadway right-of-way. These pole locations need to be verified (prior to installation) to make sure that they will be placed within the right-of-way, or, if they are not place within the right-of-way, a new easement will need to be created.
Mr. Houseworth explained that Ms. Cook is looking to obtain a building permit for Tax Map 215, Lot 4 (Old Tax Map 7, Lot 20-9) to put up a model home and has been advised that a number of these concerns must be addressed prior to the issuance of a building permit, including the registration of a new plot plan for Tax Map 215, Lot 4.
MSZ Landholdings, LLC Subdivision: Mr. Houseworth provided the members with a letter, dated November 2, 2007, from Mr. Ian Thomas, Assistant Planner at the Central New Hampshire Regional Planning Commission, to the Planning Boards of the Town of Hillsborough, Town of Antrim, Town of Windsor, and the Southwest Regional Planning Commission (SWRPC), regarding a subdivision proposal in the Town of Hillsborough by MSZ Landholdings, LLC which has been deemed by Mr. Thomas to have the potential to be a development of regional impact (per RSA 36:54-58) which could reasonably be expected to impact a neighboring municipality. He explained that the project proposes to add forty two (42) housing units (an increase to the regional housing stock of 1% overall) which could have traffic impacts to Rt. 31 and Windsor Road, could increase the
number of students in the school system leading to impacts to shared facilities, and could lead to stormwater runoff impacts to the surrounding wetlands and the Black Pond Brook. He explained that per RSA 36:54-58, advance notice needs to be given to surrounding towns prior to the holding of the public hearing (tentatively to be set) in Hillsborough.
Breezy Point Condominium Association; File #92-9PB; PB Condition Challenged: Mr. Houseworth provided a copy of an e-mail, dated November 7, 2007, from Mr. Matt Serge of Town Counsel, regarding a request by Attorney Mark Puffer, representing Breezy Point Condominium Association, to hold a meeting to discuss the lake access issue and see if there is anyway we can all come to some kind of compromise. He explained that several residents of Breezy Point Condominium Association are challenging the Planning Board's October 22, 1992 condition of approval, which states: "That the portion of the Town road from the turnaround to the lake remain open for public access to the lake." He pointed out that because we are dealing with a condition of a Planning Board decision, nothing could be agreed to at a meeting, but several
ideas could be discussed which Breezy Point Condominium Association could later present to the Planning Board in order to amend the original condition of approval. Ultimately it will be up to the Planning Board to decide on whether to amend the original condition of approval and may involve further edits to the original Breezy Point plans. Mr. Burnside made a suggestion that the town look at widening the road so that people have room to park on the road, in addition to the public having the right to access the lake.
The Riggins Rules: Members were provided with registration forms for the NH Local Government Center's presentation, "Riggins Rules - A Guideline to Conducting Public Meetings," on December 8, 2007 from 8:30-11:30 am at the Hinsdale Town Hall at 11 Main Street in Hinsdale, NH. The beneficial workshop will discuss the suggested Do's & Don'ts for conducting public hearings and meetings for all Chairs and Board Members.
Wal-Mart: Mr. Houseworth provided the members with an official announcement, dated November 14, 2007, from Mr. Christopher Buchanan, Senior Manager of Public Affairs for the Northeast Region of Wal-Mart, regarding Wal-Mart's announcement that they have withdrawn their plans to build a Wal-Mart Supercenter in Hillsborough; which is related to their 'plans to moderate growth of U.S. Supercenters as part of leveraging capital resources through a strategy designed to improve returns, productivity, and sales.'
Planergy Newsletter - The NH Planning and Energy News Source: Mr. Houseworth provided the members with the Fall 2007 Planergy Newsletter (Volume 1, Issue 3), published by the NH Office of Energy and Planning (NH OEP), providing current news regarding planning and energy efficient projects within the State of New Hampshire.
Antrim Planning Board Memo: Ms. Lemons provided a memo to the Board, dated November 15, 2007, requesting that members review the Planning Board roster to make sure all of their contact and mailing address information is correct in order to provide staff with the best way to contact members for attendance at future meetings.
Comprehensive Shoreland Protection Act Educational Opportunity: Mr. Houseworth provided the members with a NH Department of Environmental Studies (Wetlands Bureau) announcement that they will be holding a Comprehensive Shoreland Protection Act Educational Opportunity, explaining the substantial changes to the minimum standards established in the Comprehensive Shoreland Protection Act (CSPA), RSA 483-B, which will become effective on April 1, 2008. There will also be a new state level permit requirement for the CSPA and they will discuss how it will affect municipalities. The two (2) sessions will be held from 1-4 PM on December 11 and 12, 2007 in the Auditorium of the NH DES Building located at 29 Hazen Drive in Concord, NH.
Mr. Houseworth stated he will be working with Missy Taylor regarding the Master Plan and getting the By-Laws in place. Ms. Wasserloos asked Mr. Houseworth if the Board wants to consider her landscaping proposal she presented to Mr. Vasques; he replied that he needs to review her proposal again and will prepare it for a future Board meeting.
Mr. Snow moved to adjourn the meeting, which was seconded by Mr. Schacht and was unanimously passed. Ex-Officio Schacht adjourned the meeting at 10:00 PM
Respectfully submitted,
Laurie Lemons, Planning Assistant, Antrim Planning Board
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