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ANTRIM PLANNING BOARD MEETING
DRAFT
December 6, 2007 Meeting
Members & Staff Present: Mary Allen (Alternate), Bob Edwards (Member),
Bradley Houseworth (Staff), Joe Koziell (Alternate), Laurie Lemons (Staff), Andrew Robblee (Member), Steve Schacht (Ex-Officio), Brian Sawich (Chair),
Kathy Wasserloos (Member)
Member & Staff Absent: Scott Burnside (Vice Chair), Sandy Snow (Member)
Public Attendees: Micheline DeRosa (Abutter), Laurie Demers (Abutter),
Bruce Gillespie (Abutter), Phil Marrotte (IN-EX Homes),
Nate Chamberlin (Meridian Engineer), Dave Towers (IN-EX Homes Attorney)
Chair Sawich convened the meeting at 7:00 PM, welcomed everyone to the meeting, introduced himself and the Board members, and appointed Ms. Allen to sit for the absent Mr. Snow.
Michael James Hutchins Ott; Lot Merger 212,034 & 212, 027: Chair Sawich opened the public meeting on the request of Michael James Hutchins Ott for a voluntary lot merger to combine property located off the south side of Russell Road (Tax Map 212, Lot 34) with property located at 354 Keene Rd (Rt.9) (Tax Map 212, Lot 27) in Antrim, NH 03440, located in the Highway Business District and Rural Conservation District. Mr. Houseworth provided the members with a copy of RSA 674:39-a, which describes the requirements for voluntary lot mergers, and read the following excerpt allowed:
"Any owner of (2) two or more contiguous preexisting approved or subdivided lots or parcels who wishes to merge them for municipal regulation and taxation purposes may do so by applying to the Planning Board or its designee. Except where such merger would create a violation of then-current ordinances or regulations, all such request shall be approved, and no public hearing or notice shall be required. No new survey plat need be recorded, but a notice of the merger, sufficient to identify the relevant parcels and endorsed in writing by the Planning Board or its designee, shall be filed for recording in the registry of deeds, and a copy mailed to the municipality's assessing officials. No such merged parcel shall thereafter be separately transferred without subdivision approval."
Mr. Houseworth explained that Mr. Ott could not attend tonight's meeting due to a previous commitment but he would be happy to answer any questions from the Board regarding his proposal to merge two (2) adjacent parcels of land off Rt. 9.
" In addition to the option of merging the two (2) parcels for tax purposes, Mr. Houseworth explained that he did inform the applicant that he could put lot 212-034 in current use, because the adjacent property (lot 212-027) is already in current use (34 acres), in order to alleviate the commercial tax burden on this five (5) acre parcel. He explained that it was his understanding that the applicant did not want to put it into current use and would rather merge the two lots.
" Mr. Houseworth confirmed for the Board that both Russell Road and Old Cemetery Road are both private roads and not Town roads.
" Mr. Ott told Mr. Houseworth that his purpose for this lot merger is to preserve the land owned by merging the parcels and reducing his commercial taxes on lot 34.
" Mr. Ott mentioned to Mr. Houseworth that in the future he may want to put a gate up on Old Cemetery Road; Mr. Houseworth explained to Mr. Ott that he is not sure if this is legal because Mr. Ott doesn't own the entire portion of this road and other abutting property owner may use it as their only access to their lot(s).
" Mr. Robblee wanted assurance that Mr. Houseworth will clarify with Mr. Ott that he also has the option to put lot 34 in current use, preserving the lot and reducing the taxes, instead of merging the two parcels together into one parcel.
" Mr. Houseworth confirmed that he will again review this option with Mr. Ott prior to him submitting the documentation to the registry for the lot merger.
Mr. Robblee moved to accept the voluntary lot merger application of Mr. Ott for lots 212-034 and 212-027, which was seconded by Ms. Allen and was unanimously approved. Roll call vote: Mr. Edwards - aye, Mr. Schacht - aye, Ms. Allen - aye, Mr. Robblee - aye, and Ms. Wasserloos - aye. Mr. Houseworth also stated to the Board that Mr. Ott requested to waive the one hundred ($100.00) dollar lot merger fee but was willing to pay the Town for the staff's administrative fees. Mr. Edwards motioned not to waive the $100.00 fee which was seconded by Mr. Robblee and was unanimously passed.
Mr. Edwards made a motion to approve the request of Michael James Hutchins Ott for a voluntary lot merger to combine property located off the south side of Russell Road (Tax Map 212, Lot 34) with property located at 354 Keene Rd (Rt.9) (Tax Map 212, Lot 27) in Antrim, NH 03440, located in the Highway Business District and Rural Conservation District, with the following conditions: 1) Pending payment of the $100.00 Planning Board fee for Lot Mergers; 2) Pending the applicant's signature on the Town's completed application form; and 3) Pending payment of the filing fees for registering the "notice of Lot Merger" at the Hillsborough County Registry of Deeds. Mr. Schacht seconded the motion, which was unanimously approved. Roll Call Vote: Mr. Edwards - aye, Mr. Schacht - aye, Ms. Allen - aye, Mr. Robblee - aye, and
Ms. Wasserloos - aye.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Chair Sawich continued the meeting on the request of IN'EX Homes, LLC for a major subdivision proposal of property located on the South side of Pleasant Street (Tax Map 245, Lot 017) in Antrim, NH 03440, in the Rural Zoning District. Chair Sawich asked Mr. Houseworth to address what events and submittals have taken place over the last three weeks since the Board's last meeting on November 15, 2007. Mr. Houseworth explained that Mr. Chamberlin has brought to the meeting tonight four (4) copies of the revised plans, which the staff have not had a chance to review yet, and a written letter responding to the Town Engineer's, Mr. Peter Pitsas, latest review (4th Review) of the revised major subdivision plans, dated November 26, 2007. He also
explained that Mr. Chamberlin has also brought a new detail drawing showing a full frontal view of the proposed retaining wall, which is proposed to be built along the north side of Pleasant Street, across the street from the access road to In'Ex Homes' back lot. He stated that the staff also received a several new and/ or revised easements including the following: 1) a revised 'Declaration of Covenants, Easements, and Shared Driveway' document; 2) a revised slope, drainage, and utility easement for the proposed lots (245-17-1 thru 245-17-6); 3) A new slope, drainage, and utility easement for an abutting property (245-16); and 4) A revised slope, drainage, and utility easement for an abutting property (245-18). Mr. Houseworth explained to the Board that since the most recent plans, easement documents, and retaining wall diagram had been presented this evening, the Planning Staff and Town Engineer have not had an opportunity to review them to determine what has been
addressed on the checklist and in regards to Mr. Pitsas' latest review. In addition, Mr. Houseworth stated that he is not sure what has developed over the last three weeks in terms of the applicant working with the specific abutters to obtain the necessary permanent and/ or temporary slope, drainage, and utility easements.
Chair Sawich asked Mr. Chamberlain to please stand up and explain what changes he made to the revised plans from the 11/26/07 version. Mr. Chamberlain explained that Mr. Gordon was in agreement with the temporary easement and the permanent easement proposals previously discussed with him and therefore these were provided on the new plans. Mr. Houseworth informed the Board that Mr. Gordon came into town hall this week to express his concerns that IN-EX Homes, LLC hasn't to date come out to his property to stake out the proposed twenty (20') foot wide easement, as previously requested, and he would like to see that done prior to signing any easement agreement.
Mr. Houseworth explained that Mr. Gordon wasn't able to attend the meeting tonight due to a scheduling conflict but didn't seem to have any other objections to the easement, besides the delineation of the permanent easement areas from the temporary easement areas on the revised plans and the revised slope easement document. Mr. Houseworth suggested that the applicants stake out the proposed twenty (20') foot wide easement area for lot 245-18 so that Mr. Gordon has a visual of where it would be located on his property and what vegetation he may end up losing prior to the next Board meeting. In regards to the requested information from Mr. Pitsas regarding the proposed con-span bridge, Mr. Chamberlain explained that the manufacturers are unable, at this time, to provide the schematics on the con-span bridge. He explained that
they won't be able to provide that information until they are further into the development of the project.
Mr. Houseworth suggested that the Board tackle the line of sight issue first. He stated that at the last meeting several Board members asked him to talk to the Board of Selectmen about possibly reducing the speed limit along this portion of Pleasant Street, from 30 to 25 mph, in order to help address the safety concerns regarding line of sight. Mr. Houseworth explained that the Board of Selectman had a meeting on 11/28/07, discussed this option, and approved of the suggestion to reduce the speed limit along Pleasant Street (from Bryers Lane to the driveway to the Town's water tank) from 30 to 25 mph. In addition, the Selectmen have already posted the necessary 25 mph speed limit signs, have ordered other additional safety signs for Pleasant Street, and agreed to have the speed monitored along Pleasant Street. He
explained that the Selectmen also agreed that for safety concerns, if deemed necessary by the Police Chief, they would be willing to have the entire street posted at the 25mph speed limit in the future. Ms. Allen asked Mr. Houseworth if the Town is bearing the cost of these new signs; he stated that the Town has paid for them but the cost could be past on to the applicant. He also stated that he will speak with Mr. Varnum regarding what other additional road signs have been ordered, what the cost was, and are where they will be installed along Pleasant Street.
In terms of the retaining wall, Mr. Houseworth informed the members that Ms. DeRosa, as requested, submitted a letter to the planning staff outlining her concerns regarding this development and the location and placement of the proposed retaining wall. Chair Sawich asked Ms. DeRosa if she's had a chance to have all of her concerns addressed and she replied that she is fine with the location of the retaining wall, the temporary construction easement needed to install the wall, and that the majority of her concerns in her letter had been addressed. She also stated that she and the applicant are still discussing the other option of cutting back the slope on her property, in lieu of the construction of the retaining wall, in order to get the best line of sight possible from the access road. Chairman Sawich summarized by stating
that Ms. DeRosa has had discussions with Mr. Chamberlain and Mr. Marrotte and is in general agreement with either of the options previously discussed to obtain the best line of sight possible. After a lengthy discussion regarding the two (2) options offered by the applicant, numerous members of the Board expressed that they favor the option of cutting back the slope of Ms. DeRosa's front yard, rather than the construction of a retaining wall, even though the preferred option requires approval from Ms. DeRosa because material would have to be removed from her private property. Chairman Sawich stated that Ms. DeRosa and the applicant will need to work out which of the two (2) options they will pursue in regards to the retaining wall or the cutting back of her front yard slope on her property.
Ms. Wasserloos asked Mr. Houseworth if the Police Chief is now supportive of the Board waiving the three hundred (300') feet line of sight because the 25 mph signs have been posted, effectively slowing down traffic along this section of Pleasant Street. He replied that he doesn't know because he didn't ask the Police Chief to provide any other endorsement of the waiver because the speed limit was reduced. He explained that he is assuming that the Police Chief feels the area is safer, due to the decrease in speed, but is not sure if the Police Chief would now support the Board in waiving this three hundred (300') feet line of sight requirement. He explained that the Police Chief was previously hesitant to put in writing that he favors the waiving of this requirement in this case.
Ms. DeRosa said she would go along with whichever decision the Board desired to make. Mr. Edwards wanted to reiterate that the portion of land in front of Ms. DeRosa's property, including the retaining wall, is within the Town's right-of-way for Pleasant Street and therefore the maintenance of the wall and the drainage in this area is the responsibility of the Town. Ms. DeRosa explained that Mr. Varnum, the Antrim Road Agent, stated to her that the approximate fourteen (14') feet wide (+/-) right-of-way will have to be maintained by her because the Town will only be maintaining the first four (4') feet off the paved surface of Pleasant Street. Mr. Houseworth stated that he will confirm with Mr. Varnum that the town will be maintaining the entire stretch of the fourteen (14') feet wide right-of-way, including the retaining
wall, by the next meeting.
Mr. Edwards recommended that regardless of the two (2) options that the applicant and Ms. DeRosa settle on, that the waiving of the three hundred (300') foot line of sight be conditional upon a written statement being issued by the Road Agent, Mr. Robert Varnum, confirming the fact that the Town will be responsible for maintaining the portion of land within the Town's right-of-way for Pleasant Street, including the maintenance and drainage associated with the proposed retaining wall. In addition, Mr. Edwards also wanted to make sure that the waiving of the three hundred (300') foot line of sight be conditional upon a peer review by Mr. Pitsas of the agreed upon option. Mr. Edwards stated that with the reduction of speed to 25 mph, and the addition of the other safety signs, he would be willing to waive the three hundred (300')
foot line of sight requirement in this particular case.
Ms. Allen asked Ms. DeRosa if all of her concerns have been answered except for the fact that she would like to have a meeting to discuss the two (2) options for establishing a better line of sight along Pleasant Street; she replied that except for the meeting, all her other concerns have been addressed except for the fact that she prefers that any easement involving her property be temporary, and not a permanent easement. Mr. Houseworth explained that the only problem with having a temporary easement for the construction of the retaining wall is that the Town will inevitably have to enter onto her property to maintain the wall in the future because of how close it is to her property line. Mr. Edwards asked Ms. DeRosa if she has an issue with a permanent easement if it is only for maintenance and preservation of the wall; she
replied that as long as that is clearly stated in the easement language, she would consider a permanent easement for the wall.
Chair Sawich requested Ms. Lemons to repeat the conditions stated for the waiving of the three hundred (300') feet line of sight requirement prior to the Board voting on the waiver. The waiver conditions are as follows:
1. Ms. DeRosa would like written confirmation from the Road Agent that the land in front of her property, within the Town's right-of-way for Pleasant Street, will be the responsibility of the Town to maintain, including the proposed retaining wall.
2. Ms. DeRosa would like a meeting with the Road Agent and the developer, and his engineer, to discuss and decide among the two (2) options previously discussed to improve the line of sight along Pleasant Street.
3. The posting of the other additional safety signs, besides the already posted 25 mph speed limit signs, along Pleasant Street, prior to construction.
Mr. Edwards stated that as far as the cost of the signs being passed on to the applicant, he personally feels that is between the applicant and the Road Agent to work it out. Mr. Schacht moved to approve the submitted written waiver request of the three hundred (300') feet line of sight general requirement for new roads, with the previously mentioned conditions listed above. Mr. Edwards seconded the motion which passed by an affirmative vote of 4 to 1. Roll Call Vote: Mr. Edwards - aye, Ms. Allen - nay, Mr. Schacht - aye, Mr. Robblee - aye, Ms. Wasserloos - aye. Mr. Houseworth stated that the 300' line of sight written waiver request has been granted.
Mr. Chamberlain asked if there was any reason they couldn't get conditional approval for the application. Mr. Houseworth advised against granting conditional approval for the application at this point due to the fact that all abutters have not signed off on the respective temporary and/or permanent easements proposed on their properties due to this development. In addition, he suggested that the Chair recognize at this time Ms. Demers and allow her to speak regarding the permanent easement that is proposed along her property, east of the access road to the applicant's back lot.
Ms. Demers stated to the Board that she was unaware of this permanent easement, doesn't really understand it, and is not ready to sign off on any permanent easement on her property. Mr. Marrotte said he had spoken with Mr. Gillespie (whom resides with Ms. Demers) regarding this proposed permanent easement on her property. Mr. Marrotte stated that he was planning to do a sit down with Ms. Demers, as well as Mr. Gillespie, regarding this easement and ask for Ms. Demers consent. Ms. Demers and Mr. Gillespie approached the table and reviewed the revised plans, delineating the permanent easement area proposed for her property. Mr. Marrotte and Mr. Chamberlain explained the easement and why it would be necessary in order to continue with the development.
Chair Sawich stated that it is obvious that the developer and engineer have some negotiating to work out with Ms. Demers, and the other abutters involved. He stated that they have the next two weeks to get those issues resolved and to have the abutters sign off on the proposed easements on their respective properties, before the next Board meeting scheduled on December 20, 2007.
Mr. Houseworth did not see any other issues or items that the Board could address on this case tonight. He explained that the staff and Town Engineer will need time to review the revised set of plans, the revised changes to the proposed easements, and review any other new information that was submitted today by the applicants. In addition, Mr. Houseworth stated that it is his understanding that the NH DES non-site specific wetlands permit application needs to be revised because the proposed plans have changed and NH DES should be approving the most current proposed plan. He explained that several things have changed, including the switch to a con-span bridge and the replacement of a 15" culvert with an 18" culvert, and he is not sure if this will change NH DES decision on the matter or alter the associated
conditions. He explained that because the permit is not effective until it is properly registered at the Hillsborough County Registry of Deeds, NH DES should be informed of the recent changes so that they can review what is currently planned for the major subdivision development. Mr. Chamberlain stated that he will confirm with DES what is needed to alter the permit and inform the Board.
Mr. Edwards suggested that IN-EX Homes, LLC work closely with Mr. Pitsas, the abutters, and the Planning Staff to rectify any unresolved issues so the Planning Board can move forward giving a final decision on IN-EX Homes, LLC development proposal. Mr. Koziell asked IN-EX Homes, LLC if they are receiving information from the planning staff as to what Mr. Pitsas comments are prior to the meetings and Mr. Chamberlain stated the planning staff has been very responsive to date.
Approval of Planning Board Meeting Minutes: Mr. Schacht moved to approve the minutes of the November 15, 2007 Board Meeting as corrected, which was seconded by Mr. Robblee and was unanimously approved.
Board of Selectmen requesting 2008 Budget Cut: Chair Sawich appointed Mr. Koziell to sit for the absent Mr. Burnside. The Board agreed to the Planning and Zoning Department budget cuts that were recommended by the planning staff, including a decrease of $750 from $1,500 proposed for contracted services and a decrease of $500 from $2,500 proposed for planning and zoning consultants. The Board will wait to approve of the budget until the Board of Selectmen have granted final approval.
Planning Board Sub-Committee; Zoning Ordinance and Regulation Changes: Mr. Houseworth, based on a suggestion by Chair Sawich, recommended that the Board consider the formation of a subcommittee of the Planning Board, dedicated solely to revising current zoning ordinances and subdivision and site plan review regulations. He explained that the subcommittee could meet once a month, include members of both land use boards, and would also be tasked with proposing new zoning ordinances and subdivision regulations when necessary. Mr. Edwards also suggested trying to get new volunteers, not currently on the land use boards, to join this subcommittee, which Mr. Houseworth agreed would be a good idea. Mr. Koziell made a motion to form a Sub-Committee to work on zoning ordinance and subdivision regulation changes, which was
seconded by Mr. Edwards, and was unanimously passed.
Planning Board Roster: Mr. Houseworth provided the members with the updated Planning Board roster, which shows that the three (3) year terms for the following individuals are up in March 2008: Mr. Sawich (Chairman), Mr. Edwards (Member), and Ms. Allen (Alternate). Chair Sawich stated that he will not be running again for chair in 2008, but is undecided as to whether he will stay on the Board as an alternate. Mr. Edwards stated that he would not be running again for a member position of the Board but is willing to contribute at some level possibly on a sub-committee of the Board. Mr. Houseworth will contact Town Counsel regarding the length of terms for alternates and get back to the Board with an answer as to whether it is a one (1) year term or a three (3) year term. Ms. Allen said she is willing to stay on if
indeed the term is for (3) three years, but only as an alternate. Mr. Houseworth stated that volunteer referrals would be very much appreciated and if anyone on the Board knows of someone that would be willing to join as a member or an alternate, to please have them contact the planning staff.
NH DOT Antrim Rest Area: Mr. Houseworth provided the members with a copy of a letter, dated November 19, 2007, from the NH DOT Assistant Commissioner, Mr. David Brillhart, addressed to the Antrim Town Administrator, Mr. Bill Prokop, regarding the status of the proposed renovations to the Antrim Rest Area, along NH Rt. 9, in the northwestern corner of Antrim. Mr. Houseworth explained that the rest area design work has been largely completed by the Bureau of Public Works, Dept. of Administrative Services, and it is unknown when funding for the construction will be appropriated. He stated that once funding is available for construction, the NHDOT District 4 Office, along with the Bureau of Public Works, will meet with the Planning Board to review the proposal, which currently includes a new 1,950 square foot
building.
Town of Antrim - Annual Holiday Party at the Maplehurst Inn: Mr. Houseworth provided the members with an invitation to the Town of Antrim Annual Holiday party on Sunday, December 9, 2007 from 4 - 6 PM at the Maplehurst Inn in downtown Antrim.
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.
Oriental Rug/ Antique Business at 49 Main Street in Antrim, NH (Tax Map 103, Lot 94 in the Village Business District): Mr. Houseworth provided the members with the property card of Map 103, Lot 94 (49 Main Street) and several photos taken by the Code Enforcement Officer, Mr. Jeff Parsons, from a recent inspection of the property to ascertain if the new oriental rug/ antique business is a home based business, rather than a home occupation. He explained that Ms. Chelminski, the owner of the property, recently came into Town Hall and explained her proposal, which was deemed to be a home occupation at the time. After a brief discussion and a view of the pictures, the Board deemed that is in fact a home based business and therefore requires a site plan review with the Planning Board. Mr. Edwards motioned that the new
oriental rug/ antique business at 49 Main Street in Antrim is a home based business, and therefore requires a site plan review, which was seconded by Mr. Koziell, and was unanimously approved. Mr. Houseworth informed the Board that Mr. Parsons will be sending out a letter to that effect within the next week.
Comprehensive Shoreland Protection Act Educational Opportunity: Mr. Houseworth informed the members that NH DES is holding a presentation on Tuesday and Wednesday, December 11 and 12, 2007, regarding the proposed changes to RSA 483-B (The Comprehensive Shoreland Protection Act) set for April 1, 2008.
Proposed Zoning Ordinance and Subdivision and Site Plan Review Regulation Changes for 2008: Mr. Houseworth provided the members with numerous, proposed changes to the current zoning ordinances and subdivision and site plan review regulations for review, suggestions, and feedback over the next month. He explained that the first public hearing for proposed zoning ordinance changes is tentatively scheduled for Thursday, January 17, while the second hearing is scheduled for January 31, 2008.
Mr. Edwards moved to adjourn the meeting, which was seconded by Ms. Allen, and was unanimously approved. Chair Sawich adjourned the meeting at 10:15 PM.
Respectfully submitted,
Laurie Lemons, Planning Assistant, Antrim Planning Board
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