ANTRIM PLANNING BOARD MEETING
January 3, 2008 Meeting
Members & Staff Present:
Mary Allen (Alternate) |
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Andrew Robblee (Member) |
Bob Edwards (Member) |
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Brian Sawich (Chairman) |
Bradley Houseworth (Staff) |
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Steve Schacht (Ex-Officio) |
Joe Koziell (Alternate) |
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Sandy Snow (Member) |
Laurie Lemons (Staff) |
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Kathy Wasserloos (Member) |
Member & Staff Absent: Scott Burnside (Vice Chair)
Public Attendees:
Sam Bonacci (LedgerTranscript) |
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Robert Pace, Jr. (Torino Development) |
Michaela Chelminski (Oriental Antique Business owner) |
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Robert Pace, Sr. (Torino Development) |
Steve Chelminski |
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Leonard Pagano (Torino Abutter) |
Karen O'Rourke (Engineer for Torino) |
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Peter Pitsas (Underwood Engineers) |
Chair Sawich convened the meeting at 7:00 PM, introduced himself and asked the Board and Staff to introduce themselves to the individuals at the Board meeting, and appointed Ms. Allen to sit for the absent Mr. Burnside.
Mr. Houseworth explained that this is our final Board meeting before the public hearing scheduled for January 17, 2008 to work on the proposed 2008 changes to the Zoning Ordinances and Subdivision and Site Plan Review Regulations. He stated that a portion of this meeting will serve as a work session to address Town Counsel’s review and edits of proposed changes pertaining to the Zoning Ordinances and Subdivision and Site Plan Review Regulations for 2008.
Approval of Planning Board Meeting Minutes: Due to the holiday schedule, the Boards’ December 20, 2007 meeting minutes were not presented for approval.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Houseworth informed the members that Mr. Marrotte, Developer for IN-EX Homes, LLC, called this week to re-schedule/ continue his public meeting from January 3, 2008 to January 17, 2008, allowing him more time to complete the Boards’ requests and requirements pertaining to this application. Mr. Houseworth confirmed that the planning staff received an e-mail on Wednesday, January 2, 2008 from Mr. Tower, the applicant’s attorney, approving of the public meeting being continued to January 17, 2008.
Michaela Chelminski; File #2007-18PB; Home Based Business: Chair Sawich opened the public meeting on the request of Michaela Chelminski for an Oriental Rug/ Antique business proposal of property located on 49 Main Street (Tax Map 103, Lot 94) in Antrim, NH 03440, located in the Village Business District. Chair Sawich requested Mr. Houseworth to read the public notice aloud, which he did, and also confirmed that all abutters were notified and no written or verbal responses were received by the staff regarding the applicant’s request. Chair Sawich invited Ms. Chelminski to speak to the Board regarding the proposed Oriental Rug Retail Store on her premises.
Ms. Chelminski explained to the Board that this Oriental rug/ Antique Retail Store is an extension of her business in Peterborough, NH “Tribal, Rugs by Hand”. She assured the Board that the barn portion of her dwelling has been used as a rug deposit and storage area along with an office and personal studio. Laura Traffie is a tenant in an apartment on the premise and is selling textiles, pillows and bags along with a few antiques in the showroom. There are no other employees and their current operating hours is Saturday & Sunday 10-5PM. The showroom is 786 square feet and the property allows for 20 vehicles for customer parking. Chair Sawich thanked the applicants for attending and for their willingness to cooperate
· After explaining the business proposal, the layout of the business space in the barn, and the proposed operational hours, the Board concluded that this proposal is more of a retail store than a home based business and requested that the Planning Staff re-advertise this proposal as a Change of Use for a Retail Store.
· In addition, the existing structure is a multi-family dwelling and therefore would not qualify as a Home Based Business under the recently revised Home Based Businesses zoning ordinance (Article XIV-A).
· Ms. Allen suggested that the applicant’s proposal be deemed a Change of Use since there was a dance studio operating in the same location years ago. The Board agreed and requested a site walk, which was scheduled for 1/24/08 at 5 PM
· Ms. Chelminski has been approved for a sign by the Building Inspector via a sign permit but has not ordered it for the premise until the retail store has been approved by the Board.
· Applicant stated that the antique portion of the retail store is limited to 4-5 pieces and therefore the primary product of the store is oriental rugs.
· The Board would like the Planning Staff to request another review from the Fire Chief, since an initial review was never submitted to the Planning Staff, regarding his review of the proposed retail store and any fire safety, location, and/ or code requirements or concerns.
· Ms. Chelminski addressed the Board with her concern that the Grapevine is using her private road for their personal access. The Board requested that Mr. Houseworth address this with the Selectman and get back to Ms. Chelminski with a resolution.
The Board unanimously agreed to re-schedule the public meeting and hearing for Ms. Chelminski request for a Change of Use to establish an Oriental Rug/ Antique Retail Store at property located on 49 Main Street (Tax Map 103, Lot 94) in Antrim, NH 03440, located in the Village Business District, to the January 31, 2008 Board meeting. In the meantime, the Board and applicant agreed to a site walk on Thursday, January 24, 2008 at 5 PM. Mr. Houseworth stated that the staff will advertise the public notice properly as a Change of Use and will make sure all abutter letters are sent out again with the new hearing date and pertinent information.
Torino Development; File #2007-17PB; 7-Lot Major Subdivision Proposal: Mr. Edwards recused himself from the Board and Chair Sawich appointed Mr. Koziell to sit in his place. Chair Sawich opened the public meeting on the request of Torino Development Company for a seven (7) lot residential Major Subdivision proposal of property located on Concord Street (Route 202) and Old Milk Road, (Tax Map 216, Lot 001), Antrim, NH 03440, located in the Highway Business District. Chair Sawich asked Mr. Houseworth to read the public notice aloud, which he did, and asked if it was advertised properly in the newspaper and sent to all abutters. Mr. Houseworth stated that the public notice was advertised in the NH Weekly Contender on Thursday, December 20, 2007. All abutters were notified, all return receipts were received
and no abutter letters were submitted to the Planning Staff. Chair Sawich asked the applicant to stand up, introduce themselves, and present their proposal to the Board.
· Ms. Karen O’Rourke with Brown Engineering addressed the Board on behalf of Torino’s proposal for a four (4) single family home, three (3) duplex residential subdivision developments on a 67-acres parcel off Route 202.
· Ms. O’Rourke responded in writing to all of Mr. Pitsas (Town Engineer) concerns regarding Torino’s proposal and is willing to work with Mr. Pitsas, along with the Town of Antrim, to accommodate all of the Town Engineers’ concerns and make whatever changes that are deemed necessary.
· Police Chief stated concern with heavy equipment entering and exiting onto Old Milk Road, which Torino will be doing work on in order to create an access for the proposed subdivision. Ms. O’Rourke, Brown Engineering, stated she did not foresee concerns with the heavy traffic and will confirm that the road is capable of handling the heavy truck loads prior to work beginning.
· Mr. Schacht asked Ms. O’Rourke to validate that Torino Development was aware that Lots 4 & 5 had a 100ft “no cut conservation easement” and asked how this easement will be protected. Mr. Robert Pace Sr. stated that all of the proposed lots which include the existing 100ft “no cut conservation easement” will be deeded with the easement language and restrictions noted. In addition, Mr. Pace Sr. is willing to post the properties with signs delineating where the boundary is of the 100ft. “no cut conservation easement”.
· Mr. Pitsas’ stated to Torino Development we understand that the applicant would like to use the current access point (i.e. Old Milk Road) onto Route 202 for this subdivision. Since Old Milk Road could be upgraded to a Class V road in the future, the current, configuration would require reconstruction of the proposed subdivision road. Therefore, we recommend that Old Milk Road be reconstructed for a distance of approximately 250’ from the edge of the NHDOT Right-of-way and the subdivision road be tied into Old Milk Road at a point approximately 175’ from the NHDOT Right-of-way. The additional road beyond the subdivision road could be used for snow storage.
· Chair Sawich is leaning towards Mr. Pitsas proposal to move the road which is detailed on Pg. 3, #7 sections A&B of Town Engineers review
· Applicant stated that they will be building the roads as well as the development themselves.
· Ms. Allen wanted to confirm that on sheet 5 of 13, note 11 the back lots noted on the plans meet the zoning requirements. Ms. O’Rourke from Brown Engineers stated that they will be meeting all town required zoning requirements.
Chair Sawich closed the public meeting, opened the public hearing at 7:55pm, and asked if anyone present would like to speak either in favor or against this proposal; there were no responses. Chair Sawich closed the public hearing and re-opened the public meeting for the Board’s deliberation period. Mr. Pagano entered the meeting after the public hearing was closed and asked to speak as an abutter in regards to the Torino proposal. Chair Sawich explained that they had already opened and closed the public hearing. Chair Sanwich told Mr. Pagano it was at his discretion as to whether or not he would allow Mr. Pagano a chance to speak since he missed the public hearing. Chair Sawich stated to Mr. Pagano he would allow Mr. Pagano to address the Board once Mr. Pitsas was finished explaining his review of the proposal.
Once Mr. Pitsas was finished presenting his review, Chair Sawich asked Mr. Pagano to approach the table to review Torino Development plans and proposal. Mr. Pagano stated when he first arrived at the public meeting that he had concerns as to the “no cut conservation easement” and after seeing the plans he was very impressed on how the “no cut conservation easement” was marked as well as how Mr. Pace Sr. had taken the “no cut conservation easement” very seriously. Mr. Pace Sr. stressed that they will do everything within their power to make sure there is no cutting in the “no cut conservation easement” but ultimately they have no control if someone decides to go against the postings and the deed.
Mr. Koziell motioned to accept the application which was seconded by Mr. Robblee, and was unanimously approved. The Roll Call Vote follows: Ms. Allen - aye, Mr. Schacht -aye, Ms. Wasserloos - aye, Mr. Snow – aye, Mr. Robblee – aye, and Mr. Koziell – aye.
Mr. Houseworth turned the meeting over to Mr. Pitsas, Antrim’s Town Engineer; Mr. Pitsas discussed his report along with Ms. O’Rourke’s review, comments, and questions. Mr. Pitsas wanted to thank Ms. O’Rourke for her professional and timely written response to his additional comments on the review of the subdivision plans. Ms. O’Rourke requested that the Board and Mr. Pitsas consider her request to discuss certain comments from Mr. Pitsas’ review.
Mr. Houseworth also mentioned to Torino Development that they will need a special use permit from the Planning Board after receiving input from the Conservation Commission for any planned encroachments into the towns 25ft wetland buffer zone.
Mr. Pace Sr. stated that they are aware of the obstacles they may encounter on this proposal but are willing to work with the Board along with Mr. Pitsas, Town Engineer, to make this development go forward as smoothly as possible.
Mr. Snow moved to continue the public meeting for Torino Development until 1/31/08, which was seconded by Mr. Robblee, and was unanimously approved.
Public Notice- Public Hearing for Ordinance and Regulation Changes, January 17, 2008; Copies of the public notice were distributed to the Board in regards to the 1/17/08 Planning Board Public Hearing for the proposed 2008 Ordinance and Regulation Changes.
2007 Planning Board Attendance: Mr. Houseworth presented the Board with a copy of the Planning Boards’ attendance for 2007. He also asked if any of the Members know of anyone interested in joining the Planning Board, to please have them contact the Planning Staff so we can follow up with them directly.
Michael James Hutchins Ott; Voluntary Lot Merger 212-034 & 212-027: Due to the Applicants’ decision to withdraw his request for a lot merger after the Board already approved it, the Board requested Mr. Houseworth to follow up with Town Counsel to ascertain how to properly close out the file.
NH Local Government Center (NH LGC) – Land Use Clerks Works: Pamphlets were distributed to all of the Members regarding the NH LGC’s ‘Land Use Clerks Works’ workshop. Mr. Houseworth explained that if anyone was interested in attending, to please register and the Town would reimburse them. The workshop is on Saturday, January 12, 2008 from 9AM – 3PM in Concord.
Board Discussion regarding proposed Ordinance Changes after Counsel Review: The Board reviewed Town Counsel response dated 12/27/07 regarding 2008 Regulation/Ordinance Changes that were proposed. Specifically Counsel provided comments and suggestions to the following proposed zoning ordinances: Sign (Remove #4 which pertains to temporary signs only being allowed to be displayed for 15 days); Open Space Residential Development Ordinance (Chair Sawich proposes replacing the Cluster Housing Developments, Section O. in Article XIV – Supplemental Regulations with the following Open Space Residential Development Ordinance, to be Article XIV-C:); Zoning Ordinance Definitions: Town Counsel suggested the following changes to performance guarantee: A cash deposit, irrevocable letter of
credit, or performance bond in an amount and form satisfactory to the Planning Board.
Conversion Apartments (The Board decided to leave the current regulations in place because the proposed changes allowing exterior alterations would essentially encourage duplex dwellings on single family sized lots); Earth Excavation (Town Counsel suggested to the Board that earth excavation be permitted by special exception this would eliminate any misinterpretation regarding RSA Chapter 155-E).
Mr. Edwards moved to adjourn the meeting, which was seconded by Mr. Snow, and was unanimously approved. Chair Sawich adjourned the meeting at 11:00pm.
Respectfully submitted,
Laurie Lemons, Planning Assistant
Antrim Planning Board
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