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ANTRIM PLANNING BOARD MEETING
DRAFT
February 21, 2008 Meeting
Members & Staff Present: Mary Allen (Alternate), Bradley Houseworth (Staff), Laurie Lemons (Staff), Andrew Robblee (Member) Brian Sawich(Chair), Steve Schacht (Ex-Officio), Sandy Snow (Member), Kathy Wasserloos (Member)
Member & Staff Absent: Scott Burnside (Vice Chair), Bob Edwards (Member),
Joe Koziell (Alternate)
Public Attendees: Bob Pace Sr. (Torino), Michael Hamilton,
Linda Hamilton, Dennis McKenney (Surveyor),
Karen O'Rourke (Engineer), Michael Pon (Reporter, Villager),
Barrett Proctor (Abutter), Terry Schnare (Mighty Oaks Realty, LLC)
Chair Sawich convened the meeting at 7:00pm and introduced himself, the Board members, and the Staff. He appointed Ms. Allen to sit for the absent Mr. Edwards.
Approval of Planning Board Meeting Minutes: Mr. Schacht moved to approve the minutes of the January 31, 2008 Board meeting as presented, which was seconded by
Ms. Allen, and was unanimously approved. Mr. Snow abstained from voting on the approval of the minutes due to being absent at the January 31, 2008 meeting. Mr. Schacht moved to approve the minutes of the February 7, 2008 Access Management Board meeting, which was seconded by Chair Sawich, and was unanimously approved. Ms. Allen, Mr. Robblee, and Mr. Snow abstained from voting on the approval of the minutes due to being absent at the February 7, 2008 meeting.
Correspondences, Conferences, and Workshops: Mr. Houseworth presented the members with a handout of the upcoming NH Local Government Center (LGC) - Land Use Clerks Workshop Building a Solid Foundation - An Educational Session on Planning, Zoning, and Conservation Administrative Procedures for Land Use Boards, Clerks, Board Members, and Related Local Government Staff. He stated that the workshop is scheduled for Monday, March 24, 2008, from 9 am - 3:30 pm, at the NH LGC in Concord, NH and both he and Ms. Lemons are signed up to attend.
USA Today Article: Mr. Houseworth presented the Board with a USA TODAY Newspaper Article titled, 'N.H. City Prepares for Worst as Warming Fears Rise,' which appeared in the February 17, 2008 edition. He stated that the article is about the City of Keene and what they are doing to try to address global warming.
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 February 20, 2008 to re-schedule/ continue his public meeting from February 21, 2008 to March 6, 2008, allowing him more time to complete the Boards' requests and requirements pertaining to the pending application. The Planning Staff received an email from Mr. Marrotte's attorney, Mr. David Tower, stating they are still working on getting the subordination agreements from the banks, which have the mortgages on the abutting properties, which need to be obtained prior to any temporary or permanent easements being placed on these abutting properties. He requests the Board continue their hearings until they are in touch with the Board, which
they hope will be soon.
C.R. Willeke - Potential Alternate Member of the Planning Board: Mr. Houseworth explained to the Board that C.R. Willeke has expressed interest in being appointed to the Board as an alternate member. The Board agreed unanimously that Mr. Willeke would be a great asset to the Board. The Board agreed it is the responsibility of the Board of Selectmen to appoint Mr. Willeke and tasked Mr. Houseworth with the duty of asking the Board of Selectmen to appoint Mr. Willeke to the Board as an alternate member at their next scheduled meeting
Torino Development; File #2007-17PB; 7-Lot Major Subdivision Proposal: Chair Sawich continued the public meeting of the Torino Development Company's proposal 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. He asked Ms. Karen O'Rourke, engineer for Torino Development Company, LLC, to update the Planning Board regarding the changes to the proposal and plans since the last meeting on January 3, 2008. Ms. O'Rourke reviewed the revised plans with the Board, highlighting the recent changes made to them since the last meeting.
" Ms. O'Rourke pointed out on the plans that they have widened the section of Old Milk Road that intersects with Rt. 202 to accommodate the NH DOT's request for a sixty (60) foot right-of-way. In order to do this, the property on the other side (south) of Old Milk Road, owned by Mighty Oaks Realty, LLC, will need to agree to an easement with the Town, essentially dedicating ten (10) feet of their property to the right-of-way of Old Milk Road to make it wider. Mr. Houseworth stated that he doesn't think getting this easement will be a problem as the representative of Mighty Oaks Realty, LLC, Mr. Terry Schnare, seemed agreeable to the proposition and expressed interest in working with the Town on this matter.
" Per Mr. Pitsas and the Boards' request, Ms. O'Rourke stated that they have moved the entrance of the subdivision and the proposed new road from the intersection of Old Milk Road and Rt. 202 to a location approximately three hundred (300) feet up Old Milk Road so that a potential four-way intersection can be constructed in the future. She explained that this new design should be safer, is more in line with access management principles, and should alleviate the concerns surrounding the original proposal to construct a 'y' intersection at the intersection of Old Milk Road with Rt. 202.
" Ms. O'Rourke explained that they have deepened the proposed ditches and swales within the new subdivision, and have added proposed slope easements to the plans, as requested by Mr. Pitsas.
" Ms. O'Rourke reiterated to the members that at the last meeting the Board agreed to allow the areas within the existing one hundred (100) foot 'No Cut' Conservation Easement to be included in the lot size calculations for the proposed new lots of the subdivision.
" Based on concerns expressed by Mr. Houseworth, Ms. O'Rourke provided the Board with an additional breakdown of the proposed lot 5, clearly showing the contiguous upland areas of this property and how it meets the minimum lot size requirements of the steep slopes and wetlands overlay districts.
" Ms. O'Rourke explained that due to the widening of Old Milk Road the existing stonewall will need to be removed. Ms. Allen inquired about the process relating to the removal of stonewalls. Mr. Houseworth stated that he is unsure of the NH state laws governing stonewalls and explained he will have to review them prior to the next meeting on March 6, 2008
" Ms. O'Rourke explained that they have widened the long driveway to the proposed duplex on the large back lot (the remainder lot [44 acres] identified as Map 216, Lot 1), from twelve (12) feet to eighteen (18) feet, as requested by the Fire Chief for better access for emergency services.
" Ms. O'Rourke stated that she would continue to work with Mr. Pitsas, along with the Planning Staff, to resolve all pending items on checklist and make revised plans accordingly. Mr. Houseworth explained that he spoke with Mr. Pitsas on the phone today and stated that his second review of this application and plans should be completed by early next week.
Chair Sawich continued the public meeting of Torino Development Company's proposal 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, to the next Board meeting scheduled for March 6, 2008. He also stated to the applicants that if they need more time to complete their revisions, to please let us know and we will continue the meeting to a specified future meeting date.
Linda Hamilton, File# 2008-02PB, Minor Subdivision: Chair Sawich opened the public meeting at the request of Linda Hamilton for a Minor Subdivision of property located at 41 Old North Branch Road, Antrim, NH, (Tap Map 213, Lot 070), located in the Highway Business District, Rural District, and Lakefront Residential District. She proposes to subdivide the property into two (2) lots: one front lot and one back lot. Chair Sawich asked Mr. Houseworth to read the public notice aloud, which he did. He then asked Mr. McKinney to explain the applicant's proposal to the Board.
Mr. McKinney stated the Hamilton's pleasure is to subdivide their property into two lots so they can continue to live in their home on the portion of the property that would become a back lot, and sell the new front lot along Old North Branch Road, consisting of 2.1 acres. Mr. McKinney explained that the proposed remaining back lot would have almost ninety (90) feet of frontage along Old North Branch Road, which meets the Town's fifty (50) foot back lot requirement. Mr. McKinney also stated that the proposed front lot meets the minimum lot size, setback, and frontage requirements of the three (3) zoning districts in which the existing parcel currently lies.
After the Board asked a few questions of Mr. McKinney and the applicants, Chair Sawich asked the Board if they are ready to consider the merits of the proposal and whether or not the Board should accept the application as complete. Ms. Allen moved to accept the application as complete, which was seconded by Mr. Robblee and was unanimously approved by the Board. The roll call vote follows: Ms. Wasserloos - aye, Mr. Schacht - aye, Ms. Allen - aye, Mr. Snow - aye, and Mr. Robblee - aye. Chair Sawich closed the public meeting, opened the public hearing, and asked if any abutters present would like to speak in favor or against the proposal; there were no responses. He then closed the public hearing and re-opened the public meeting for the Board's deliberation period regarding the merits of the proposal.
Chair Sawich asked Mr. Houseworth to review the packets for the proposal, including a preliminary review of the checklist. The following are issues that came up during the Board's review of the checklist.
" The applicants are asking for a waiver to the requirement that the wetlands be delineated for the two proposed parcels. After a lengthy discussion among the members regarding whether to waive the wetlands delineation requirement, the Board decided to not grant the waiver and require that the wetlands be delineated just on the proposed, new two acre lot, in order to be certain that it is a buildable lot and to be consistent with the Boards' previous practices with other minor subdivision applications. Mr. McKinney stated that obviously the applicants would have to wait until spring to have the wetlands delineated for this portion of their property. Mr. Houseworth stated he would need to consult with Town Counsel regarding how to handle this situation since the 65-day deadline to
approve the application will most likely not be met, but as long as the applicants are willing to extend the deadline, he sees no problem with this extension.
" Mr. Schacht expressed his concern regarding the driveway being shared between the current owners (Hamilton's) and whoever purchases the front lot. His concern is since the main driveway will be the primary entrance for both parties; he feels it would be in the Hamilton's best interest to have their own driveway due to any unforeseen future issues that could arise. Mr. McKinney acknowledged Mr. Schacht's concern regarding the shared driveway, but stated the main reason for the shared driveway is due to where the main utility lines are located; it would be a hardship for the Hamilton's if they were required to add an additional driveway to the back lot of the property.
" Mr. Houseworth explained that this is the first back lot proposal the Board has reviewed that doesn't involve the frontage of the back lot being used to access the property. He stated that based on the way the back lot requirements read in Article XIV of the Zoning Ordinances, he interprets them as requiring the frontage of the back lot to be used as access to the property. He explained that he therefore reviewed the matter with Town Counsel, whom agreed that frontage and access are inextricably linked, and therefore the ordinances require a driveway be utilized within the frontage for access to the back lot. Therefore, he stated that if the applicant is proposing to use the existing driveway as access to the back lot, which doesn't provide access within the proposed ninety
(90) feet of road frontage along Old North Branch Road, then they would first have to obtain a use variance from the Zoning Board of Adjustment prior to the Planning Board granting any approval of the minor subdivision proposal.
" After a lengthy discussion, the Board agreed with Town Counsel's interpretation of the back lot ordinance requirements and therefore advised the applicants to apply to the Zoning Board of Adjustment for a use variance to the back lot requirement found in Article XIV, Section S.2.b. Mr. Houseworth stated that he will wait to hear back from Mr. McKinney and will schedule the Hamilton's for a ZBA meeting when they are ready.
After reviewing the checklist, the Board unanimously decided to table this application until the wetlands have been delineated and the applicant has appeared in front of the Zoning Board of Adjustment for the back lot access issue, prior to continuing the public meeting for this minor subdivision proposal.
Mr. Stanley Brown's Proposal to Erect a 40' x 80' Garage on Tax Map # 244-004:
Mr. Houseworth presented the Board with a written letter of intent, from a Mr. Stanley Brown, regarding his proposal to build an oversized garage (40' x 80') on property located at 4 Main Street (Tax Map 244, Lot 4) in Antrim, NH, in both the Village Business and the Residential Districts. He explained that this property straddles the Antrim and Bennington Town Line, has access in Antrim, and the garage is proposed to be built on a portion of the property which is within the Town of Bennington. He stated that Mr. Brown has a pending purchase and sales agreement on the property and is wondering if the Planning Board needs to approve of his proposal before he seeks a building permit to erect the garage. In his letter of intent, Mr. Brown highlighted the following regarding his proposal:
1. A small residence where he can look out the window and see his trucks.
2. A garage big enough for his trucks and tools so he can work on his own vehicles.
3. A place where children can live too; ages 13, 16 and 18.
After a brief discussion, the Board members unanimously agreed that the based on Mr. Brown's February 11, 2008 letter of intent, and the supporting materials submitted to date to the Antrim Planning Department, this proposal was not deemed a commercial operation, nor a home based business, and is essentially an oversized garage for personal purposes. Therefore, a site plan review is not required and the applicants' next step in the process would be to obtain a building permit from the Town of Bennington, because the garage is proposed on the Bennington side of the property. Ms. Wasserloos moved that Mr. Brown's proposal for the property located at 4 Main Street (Tax Map 244, Lot 004) in Antrim, NH 03440, located in the Village Business and Residential Districts, is not commercial, nor a home based business, and therefore no site
plan review or approval is required from the Antrim Planning Board. Mr. Schacht seconded the motion, which was unanimously approved by the Board. The roll call vote follows: Ms. Wasserloos - aye, Mr. Schacht - aye, Ms. Allen - aye, Mr. Snow - aye, Mr. Robblee - aye. In addition, Ms. Allen tasked Mr. Houseworth with drafting up a letter to Mr. Brown regarding the Boards' decision on the matter and requested that he submit it to Chair Sawich for review, prior to it being sent to the applicant and Ms. French at the Bennington Town Hall.
Mr. Schacht moved to adjourn the meeting, which was seconded by Mr. Snow and was unanimously approved. Chair Sawich adjourned the meeting at 9:30pm.
Respectfully submitted,
Laurie Lemons, Planning Assistant
Antrim Planning Board
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