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Planning Board Minutes 04/17/08
ANTRIM PLANNING BOARD MEETING

April 17, 2008 Meeting

Members & Staff Present:          Scott Burnside (Member),            Diane Chauncey (Staff),
Bradley Houseworth (Staff),     Joe Koziell (Member),         Andrew Robblee (Chair), Steve Schacht (Ex-Officio),      Sandy Snow (Vice Chair),       Missy Taylor, (Alternate), Kathi Wasserloos, (Member)
                                                                                
Member & Staff Absent:    C.R. Willeke (Alternate)

Public Attendees:                 
Jeff Burd (Torino Development CO., LLC),
Nathan Chamberlain (Engineer, In'Ex Homes, LLC),    
Pauline and Roger Dunlap (Applicants),
Catherine Hanley,                 
Phil Marrotte (In'Ex Homes, LLC),
Lisa Martin (Bridge Engineer, Quantum-CC),
Peter Mellen (Surveyor, Donald R. Mellen Surveyor, LLC),
Karen O'Rourke (Engineer, Brown Engineering [Torino]),
Bob Pace (Torino Development CO., LLC),
Peter Pitsas (Town Engineer, Underwood Engineers, Inc.) 

Chair Pro-Tem Burnside convened the Board meeting at 7:05 PM. Mr. Houseworth presented the order of the meeting (applicants are placed in order that they are received) as shown on the Board's agenda. Mr. Koziell moved to hear the cases in the following staff recommended order, which was seconded by Mrs. Wasserloos and unanimously approved by the Board: 1. Reilly & Dunlap (File #2008-03PB); 2.  In'Ex Homes, LLC (File#2007-10PB); 3. Torino Development Co., LLC (File #2007-17PB).  Mr. Schacht also announced that Ms. Catherine Hanley is here at the Board meeting tonight because she is potentially interested in joining the Planning Board as an Alternate Member.

Appointment of Chair and Vice Chair for 2008:  Chair Pro-Tem Burnside stated that the first order of business would be to vote for a Chair and Vice Chair. Mrs. Wasserloos nominated Mr. Robblee for the position of Chair. Mr. Snow said that he thought Mr. Robblee would make a good Chair. Mr. Koziell seconded the nomination. A unanimous approval elected Mr. Robblee as Planning Board Chair for 2008. Mr. Schacht nominated Mr. Snow for the position of Vice Chair, which was seconded by Mrs. Wasserloos. A unanimous approval elected Mr. Snow as Planning Board Vice Chair for 2008. Mr. Houseworth congratulated Mr. Robblee and Mr. Snow.

Ms. Taylor recommended by the Selectmen to be appointed to the Board: Mr. Houseworth suggested that the members vote on the appointment of Ms. Taylor to the Board as an alternate now, in case she needs to fill in for a recused member later in the meeting. Although, she had already been recommended to the Selectmen by the Board and then approved by the Selectmen for her role on the Board, it has come to the attention of Mr. Houseworth that the Selectmen's approval is not necessary according to RSA 673:6. Therefore Mr. Houseworth suggested that the Board members move to appoint Ms. Taylor to the Board as an alternate.  Mr. Burnside moved to appoint Ms. Taylor as an alternate to the Board and Mr. Snow seconded it. It was unanimously voted in the affirmative. Ms. Taylor was welcomed to the Board as an alternate.
                                                                                                
Nellie M. Reilly Trust and Pauline Dunlap, File #2008-03PB: Lot Line Adjustment and Annexation Proposal:  Chair Robblee opened the Public Meeting at the request of Joseph Reilly, Trustee of the Nellie Reilly Revocable Trust, and Pauline Dunlap for a lot line adjustment and annexation proposal of properties located at 12 Goodell Road (Tax Map 232, Lot 13) and 16 Goodell Road (Tax Map 232, Lot 14) in Antrim, NH, 03440, located in the Residential District.  He asked Mr. Mellen, surveyor for the applicants, to present the proposed annexation plan to the Board. Mr. Mellen explained that the situation was identical to the last conceptual presentation to the Board at the March 20, 2008 meeting. Essentially, there are three (3) non-conforming lots of record (Reilly, Map 232 Lot 13) and Dunlap (Map 232 Lot 14) that will become two (2) larger, less non-conforming lots. A small triangle of one of the two Reilly tracts which comprise parcel 232, 13 (Shown as Tract 1B on the plan) is proposed to be annexed to the Dunlap lot. (See the 3/20/08 PB Meeting Minutes for more details). Some Board discussion ensued concerning the "non-conforming" definition of the lots. Mr. Houseworth explained that they would still be non-conforming lots, but less so, as their square footage would be increased. Mr. Robblee asked if there had been any complaints. Mr. Houseworth reported that there had been no complaints and that all return receipts had been received by the Staff. Mr. Robblee asked Mr. Houseworth - whether the submitted application is complete enough to allow the Board to consider the merits of the proposal.  Mr. Houseworth reported that it had been thoroughly completed and would recommend that the application be accepted by the Board.  Mr. Burnside moved to accept the application as complete, which was seconded by Mr. Schacht, and was unanimously approved.

Public Hearing:   Chair Robblee closed the public meeting, opened the public hearing, and asked if any abutters would like to speak in favor of the proposal. There were none. Any abutters against the proposal? There were none. Mr. Snow moved to close the public hearing. It was seconded by Mrs. Wasserloos. Chair Robblee closed the public hearing and re-opened the public meeting to consider the merits of the proposal.

Deliberation: Mrs. Wasserloos questioned the annexation deed in packet. Mr. Houseworth explained that it is an example of how to write an annexation deed, and was submitted by Mr. Mellen to show that an annexation deed could be used in place of the lot merger forms proposed by the Staff.  Mr. Mellen said that it clearly states the word "annexed" in reference to one lot to be annexed or merged with another.  Mr. Houseworth reviewed the packets with the Board, including the Department Reports - they were all "N/A"(no concerns). The Board reviewed each requirement of the Checklist. Items for which written waivers were requested by the applicants were read by Mr. Houseworth. There was very little discussion, as there is no new construction proposed, and the lots are already built out. No state permits or approvals are needed for the proposal. All written waiver requests were unanimously accepted and approved by the Board.

Mr. Burnside moved to approve the application of Joseph Reilly, Trustee of the Nellie M. Reilly Revocable Trust, and Pauline Dunlap, File # 2008-03PB, for a lot line adjustment and annexation proposal of properties located at 12 Goodell Road (Tax Map 232, Lot 13) and 16 Goodell Road (Tax Map 232, Lot 14) in Antrim, NH 03440, located in the Residential District.  Mr. Koziell seconded it. The proposal was unanimously accepted by all. Mr. Houseworth stated that the Reilly & Dunlap Lot Line Adjustment and Annexation Proposal was unanimously approved by the Board and the applicants will be receiving an official Notice of Decision, signed by the Chair, in the mail.  He confirmed with Mr. Mellen that the signed mylar would be mailed to the Hillsborough County Registry of Deeds on Friday, April 18, 2008, as requested.

IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal:  
Mr. Burnside recused himself from the Board's public meeting regarding the In'Ex Homes, LLC proposal and Ms. Taylor abstained as she is a new alternate and is not familiar with the proposal. The In'Ex Homes, LLC packets were provided to the Board members prior to the meeting for review.  Chair Robblee continued the Public Meeting at the request of In'Ex Homes, LLC for a 6-lot cluster housing major subdivision proposal of property located on the South side of Pleasant Street (Tax Map 245, Lot 017), Antrim, NH 03440 in the Rural Zoning District. There were no abutters present at the meeting.

Mr. Robblee gave the floor to Mr. Chamberlain (Engineer for In'Ex Homes, LLC) to address the recent changes to the plans since the last meeting with the Board. Mr. Houseworth acknowledged the presence of Mr. Pitsas and Ms. Martin (engineering consultants to the TOA) and thanked them for coming. Mr. Chamberlain reviewed the proposal and stated that there are 2 modifications to the proposal:
1. The Proposed Con-Span Bridge - Mr. Chamberlain stated that a ConSpan bridge had been initially proposed by Mr. Pitsas (Mr. Pitsas did not propose a ConSpan bridge). On reviewing the request, Mr. Chamberlain felt that the flow of the brook does not warrant a bridge of this size and is over designed. The issue could be easily satisfied by a culvert. Having discussed the options with DES and their recommendations, a proposal has been submitted for an 84" polymer-coated CMP culvert buried at least 2' with gravel and rounded stone (cobbles).
2. The Proposed Retaining Wall - According to Mr. Chamberlain, there was a lot of opposition from neighbors to the proposed retaining wall. Mr. Chamberlain now proposes a 1:1 rip rap slope. Discussion of the change to the bridge design ensued.

Mr. Chamberlain said that the bottom line of the difficulties of the bridge design were due to DES's requirements for the open bottom design. If that were not needed, a simple culvert would have been used. The redesigns have been at great cost to the applicant and have been "extreme overkill" for the size of the project. Mr. Chamberlain explained that he had discussed the regulations with DES, pointed out that a CMP pipe is in the TOA subdivision regulations, and wished that he had initially proposed this design. Mr. Schacht questioned the length of the proposed CMP. Mr. Houseworth pointed to the information on Sheet 5 of 11 in which the specifications of the design are clearly marked. Mr. Schacht wanted to know what would happen if a clog were to occur deep into the 60' proposed culvert. Mr. Chamberlain assured the Board that this would not happen because in a high water event the CMP would self clean and the problem would be overtopping not clogging. Then new designs will double the width and length of the existing culvert.
Mr. Chamberlain reiterated that the Con Span Bridge is over designed. Mrs. Wasserloos wanted to know what would happened if the beaver dam were to break again. He assured her that sediment would not build up due to the high velocity of the water flow.

Mr. Pitsas introduced himself and wanted to review some of the history of the proposal for the newer Board members. The initial design was similar to the High St. Bridge. The fear of the metal culvert design rotting out over time was a major concern of Mr. Pitsas, as he said the average life span of these is twenty to twenty five years, and that would burden the taxpayers of Antrim with the future expense of replacing the metal culvert.
He explained that if the culvert needs to be replaced in the future, it would temporarily leave the current residents of the subdivision with no exit until the culvert was replaced. Mr. Pitsas also explained how many of the existing metal culverts throughout the Town have rotted and are now being replaced by bridges, at a significant cost to the taxpayers.  He stated that he is not familiar with the polymer coated metal culverts but after looking at the revised plans for the In'Ex proposal, he has major concerns whether the polymer coated metal culverts will last much longer than the standard metal culverts.

Mr. Pitsas passed out a handout from Nancy Mayville, NH DOT, which states that the metal culverts are not recommended for use by NH DOT. Although CMPs, or specifically corrugated galvanized steel culverts, are called for in the Town's subdivision and site plan review regulations, reinforced concrete culverts are also an option listed in the regulations and as of lately, the Board and Town Engineer have been calling for an RCP (reinforced concrete pipe) type of culvert for all recent land use developments, due to the numerous issues associated with CMPs. The lifespan of metal pipes was discussed and Ms. Martin reiterated that metal pipes are considered short term and the NH DOT now recommend a culvert designed to have a 75-year life span. Ms. Martin says that the Town of Antrim has an inordinate number of bridges for such a small town (19 bridges), costing $6.5 million dollars over the next 5 years, and any bridge or road that the TOA is going to adopt, and take over to maintain, should be designed and constructed to last 75 years. Mr. Chamberlain questioned the stated longevity of the pipes - "20 years is a ridiculously low number," and claimed that they can last at least up to 40 years. The discussion continued concerning the design of the bridge - the length of the bridge, the headwalls, the height of the road, the wing walls, etc.

Mrs. Wasserloos questioned if the Town was being asked to accept the road. Mr. Chamberlain stated that the Town was being asked to approve the subdivision and then explained that he and the applicant had submitted and resubmitted the proposal plans to satisfy the requests of the TOA Engineer's review. Mr. Houseworth said that he believed the question from Mrs. Wasserloos was directed at the intent of the Town to accept the road as a Class V, Town Maintained road. Mr. Houseworth asked Mr. Schacht (Ex-Officio Member) of the Selectmen's opinion in this matter. Mr. Schacht said that if the Town were to adopt the road, the road would need to be up to the Town's Class V standards. Mr. Houseworth clarified the procedure for adopting a private road. The developer, or private association of property owners, would need to petition the Board of Selectmen to take over the road. The applicant feels the present road is up to the Town's standards.  Mr. Houseworth explained that the Board can go no further with the In'Ex Homes, LLC proposal until the issue of the bridge is decided. The realization is made that Mr. Chamberlain needs to return with a new culvert design. He felt that his proposal had consistently followed the regulations. A resubmittal will be needed. The bond estimate was reviewed. The cost change is noted, but it will not be relevant if there is a change in the culvert design. The checklist will be reviewed at a future date once the revised plans are received and reviewed by the staff.

The applicant, Mr. Phil Marrotte, expressed his frustration with the process, stating that it seems to keep going on and on for such a small subdivision project.  He stated that a $500,000 road bond is ridiculous and has estimates to construct the road for a third of the amount.  Mr. Pitsas explained that the costs are carefully figured and are based on current prices and standards of the NH DOT. Mr. Robblee questioned whether the Board could conditionally approve the project at this point. Mr. Chamberlain wants to do what ever to get it done tonight. Mrs. Wasserloos feels that the Board would be remiss to approve without final plans. Mr. Marrotte feels that the Board should either change its current subdivision regulations to match what is currently being required of him or just ask for exactly what is in the regulations. Mr. Houseworth suggested that the Board continue the public meeting to May 1, 2008, to give the applicant time to decide on a design preference for the stream crossing and provide revised plans to the staff.  The Board unanimously agreed to continue the public meeting of the In'Ex Homes, LLC major subdivision proposal to the Board's next meeting on May 1, 2008 at Town Hall.

Torino Development Co., LLC, File #2007-17PB: Major Subdivision Proposal:   Mr. Burnside rejoined the Board as a member. Chair Robblee continued the Public Meeting at the request of Torino Development Company, LLC for a 7- lot residential major subdivision located off Concord St. (Rt 202) and Old Milk Rd (Tax Map 216, Lot 1) in the Highway Business & Rural Zoning Districts. Chair Robblee gave the floor to Ms. O'Rourke, Brown Engineering (engineer for Torino Development CO., LLC), who reviewed the history of the project with the Board.  She stated that the applicant had initially submitted a plan for a 12-lot conventional subdivision, but that the Board advised the applicant to try a cluster housing subdivision design, so the applicant reduced the number of lots to 7 and proposed a cluster housing subdivision design. She stated that the existing 100' No Cut easement on the property (as shown on plan) impacted the proposed development design of the tract and the applicant is now proposing a 7-lot residential conventional subdivision, consisting of four single family homes and three duplexes.

She explained that because the new proposed subdivision road impacts the Town's 25' wetland buffer zone in several locations, the applicant needs to obtain a Special Use Permit from the Planning Board.  In order to obtain a Special Use Permit from the Board, the applicant needs to meet with the Conservation Commission to review their Natural Resource Benefit Policy and propose ways to offset their impacts to the Town's 25' wetland buffer zone.  Ms. O'Rourke explained that they met with the Antrim Conservation Commission on several occasions and are proposing the following two (2) benefits to offset their impacts: 1) create a 10-acre conservation buffer, in the northwest corner of the tract, which prohibits any future development or improvements in this area (which exceeds the minimum NH DES mitigation requirements); and 2) the construction of homes that would conform to the "Energy Star" rating for energy efficiency.  

Mr. Houseworth explained that the Conservation Commission submitted a report to the staff today stating that they accept the above mentioned proposals to off set the applicant's proposed impacts to the natural resources on this tract and therefore recommend that a Special Use Permit be granted by the Board (see Conservation Commission - Special Use Permit Report; dated 4/17/08).  However, he explained that the Conservation Commission highlighted another concern regarding the burial site of the Parker Children (see Subdivision Plan - North Boundary). Mr. Beblowski stated in the report that he felt that a professional archaeologist should be hired to investigate whether there are any other existing burial sites on the property.  He stated that the Conservation Commission has recently learned that there may be other burial sites or historical artifacts on the tract.  Ms. O'Rourke felt this request was unnecessary as the entire parcel had been topographically contoured, mapped, and walked and believes they would have known if they stumbled on to additional grave sites.  Questions arose concerning the possibility that a grave could be found when the construction occurs. The applicants assured the Board that if that were to occur, of course, they would adhere to the State required 25' buffer of non-disturbance. Mr. Burnside moved that the applicant not be required to hire a professional archaeologist. Mr. Koziell seconded it, which unanimously passed.

After a brief review of the six criteria to be met prior to the granting of a Special Use Permit, the Board agreed that indeed all of the Special Use Permit criteria had been met.  Mr. Burnside moved to grant Torino Development Co., LLC a Special Use Permit for their proposed disturbances to the Towns' 25' wetland buffer zone, as shown on the revised subdivision plans dated March 11 and April 8, 2008, but that it be conditional upon the granting of the NH DES Dredge and Fill permit previously applied to the State for the jurisdictional wetland impacts.  Mr. Koziell seconded the motion and the granting of the Special Use Permit, which was unanimously approved by the Board.

Mr. Houseworth stated that besides the two engineer reviews and associated comments, there really isn't any other new information regarding this development and recommended that the Board review the outstanding items on the checklist.  The Board reviewed the checklist.  There was some discussion of the proposed dry hydrant on the Contoocook River, and if that had satisfied the Fire Chief's concerns and requests. Unfortunately, this was not resolved. Some items are pending until the project is complete. All further requirements of the checklist were 1) satisfied, 2) considered Not Applicable, 3) are still pending, or 4) will need to be Conditions of Approval.  The only remaining issue on the checklist was the design preference that the Board had to decide on regarding the erosion control and filtration protection at the outfall of the culverts. Mr. Pitsas presented his philosophy of placing rip-rap drainage stone pads at the outlets of the culverts.  Ms. O'Rourke presented her philosophy of utilizing the existing vegetation to better filter, divert, and infiltrate the stormwater, rather than try to slow it down and disperse it with rip rap stones. She referred to the NH Guidelines for velocity and feels that in this application, the velocity of water, even in a high water event, does not warrant the installation of rip-rap drainage stone pads, which she claims will cause further impacts to the existing wetlands. She explained that it is a wetland to wetland situation and the vegetative base that is already in place will satisfy the need. The Board was satisfied with Ms. O'Rourke's philosophy. Mr. Pitsas reiterated that he liked some stone. Mr. Burnside questioned if the erosion could be permanently taken care of with the O'Rourke plan.  The Board was assured that the engineers would treat each culvert individually as far as its needs were concerned. There was some discussion on when the bounds are set, and that maybe that should be part of Peter Pitsas' checklist when he inspects the construction of the new subdivision road.

Mr. Pitsas wanted it noted that the Torino Development Plan is a well done plan and that working with the applicants went very smoothly. He thanked Ms. O'Rourke for her professional and timely responses to his comments, her excellent communication skills, and her willingness to speak directly with him on the phone about various issues.  He stated that it has been a real pleasure working with Ms. O'Rourke and her professional nature is part of why this subdivision approval process has been so efficient.

Mr. Houseworth said that he saw no reason why the Board could not give Conditional Approval tonight for this subdivision proposal. He explained that the following remaining and pending items on the 4/17/08 checklist can all be conditions of approval: Items # 16, 23, 26, 29, 33, 36 - 41, 60, 63, 70 - 73, 76, 78 - 80, 82, 85, 89, 91, 95, and 96; and can be reviewed and addressed as the proposed easement documents, performance guarantees, state and federal permits, and final plans are submitted to the planning staff.
Mr. Koziell moved to conditionally approve, with the previously stated conditions, the application of Torino Development Company, LLC, File # 2007-17PB, 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.  Mr. Burnside seconded the motion, which was unanimously passed by the Board.  The roll call vote follows: Mr. Burnside - aye, Mrs. Wasserloos - aye, Mr. Schacht - aye, Mr. Snow - aye, and Mr. Koziell - aye.  Mr. Houseworth stated that the Torino Development Company, LLC major subdivision had been conditionally approved by the Board and the applicants will be receiving an official notice of decision, signed and endorsed by the Chair, in the mail, with the conditions of approval listed.  He thanked the applicants for coming and for patiently waiting through the first two cases.

Approval of Planning Board Meeting Minutes:  Ms. Taylor rejoined the Board for the rest of the public meeting.  Mr. Schacht moved to approve the minutes of the March 20, 2008 and April 3, 2008 Planning Board meetings as presented. It was seconded by Mrs. Wasserloos and was unanimously approved.

Business Meeting Update- Request to Remove CMPs from Subdivision Regulations:
Mr. Burnside wished to discuss the CMPs, the corrugated galvanized steel culverts, in the Antrim Subdivision and Site Plan Review Regulations. He stated that based on tonight's discussion and previous discussions regarding this requirement, he thinks that CMPs should be removed from the regulations as an appropriate use for a waterway passage. Mr. Houseworth said a public hearing must be held by the Board, properly noticed and advertised, prior to making any changes to the subdivision and site plan review regulations. Mr. Burnside made a motion that the Board schedule and hold a public hearing in order to consider removing corrugated galvanized steel pipes and culverts from the subdivision and site plan review regulations. Mr. Koziell seconded the motion, which was unanimously passed by the Board.  Mr. Houseworth stated that he will schedule the public hearing for a meeting date in May.

Business Meeting Update- Request to Allow the Planning Board Chair to Vote:
Ms. Taylor had attended a NH Local Government Center Training Session and the "vote of the PB Chair" was discussed. Ms. Taylor informed the group that at this session she learned that the Chair should have a vote. Mr. Houseworth noted that Chair Sawich had been Chair for a year and only used the tie breaker vote once. Mr. Houseworth also noted that if Ms. Taylor were to attend another training session, she may hear an opposite opinion. Mr. Koziell made a motion to allow the Chair a vote. It was seconded by Ms. Taylor, and was unanimously accepted by all. Mr. Houseworth stated that if the Board wants to allow the Chair to vote, in times other than to break a tie vote or to create a quorum, then the Board will have to revise section 7.9 of the Boards' By-Laws.

Zeke and Mack's Realty, LLC - Town Excavation Permit - Mr. Houseworth explained that due to clerical errors and Planning Department personnel changes, the Town Excavation Permit had not been issued. The permit will be issued as of the reclamation bond date (February 8, 2007), and a letter will be sent to Zeke and Mack's Realty, LLC with the permit and an apology for any inconvenience incurred.

Antrim Advisor - Vol. 2, Issue 3 (April 2008) Revisions to the NH Shoreland Protection Act - The Advisor has been sent to all residents. Mr. Houseworth thought that the article, with Ms. Taylor's skillful formatting, informed the residents of the current and new state regulations that may affect their shoreland property.

Code Enforcement Letter - Voydatch Property   -- on north side of North Branch River off Route 9 (Map 212, Lot 13). Mr. Houseworth explained that the property is still non-compliant with Antrim Town Ordinances, Zoning Ordinances, and the State of NH's Comprehensive Shoreland Protection Act. A Notice of Violation will be issued if the property continues non-compliance 15 days after receipt of the 4/10/08 dated letter.

Contoocook Valley Transportation Cooperative (CVTC) - May 2008 Community Dinner Invitation - The Board is invited to attend the dinner and learn more about the cooperative. Ms. Taylor is on the Steering Committee and will be attending.

Mr. Schacht moved to adjourn the meeting, which was seconded by Mr. Koziell, and was unanimously approved.  Chair Robblee adjourned the meeting at 10:00 PM.

Respectfully submitted,
Diane Chauncey, Staff - Antrim Planning Board