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ANTRIM PLANNING BOARD MEETING
May 15, 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), C.R.Willeke (Alternate)
Public Attendees:
Dennis McKenney (Surveyor, New England Forestry Consultants, Inc. for the Hamiltons)
Linda & Mike Hamilton (Applicants), Nathan Chamberlin (Engineer, Meridian Land Services, Inc. for In'Ex Homes, LLC), Phil Marrotte (Applicant, In’Ex Homes, LLC), Barry F. White & Jeff Rose (Bennington Planning Board Members)
Hamilton - File # 2008-02PB Minor Subdivision Proposal off Old North Branch Rd: Chair Robblee convened the Board meeting at 7:15 PM with the continued Hamilton public meeting. Mr. McKenney presented for the Hamiltons. He summarized what had occurred with the Hamilton’s minor subdivision and its two previous hearings – (1.) with the Planning Board, who determined that the Hamiltons would need to go before (2.) the Zoning Board of Adjustment (ZBA) for a Use Variance to Article XIV, Section S.2.b of the Antrim Zoning Ordinances to use an existing driveway for access to a proposed back lot, which does not intersect the Town road within the frontage or right-of-way of the proposed back lot. The ZBA granted the Use Variance on April 9, 2008 without conditions. Mr. McKenney felt that there were two remaining issues to
satisfy the Board:
1. The wetlands were mapped in order for the Board to be assured that the proposed two (2) acre lot is a buildable lot. A 1/5 acre wetland was delineated in the southeast corner of the proposed lot.
2. The ZBA granted the Use Variance to use the existing drive as a shared drive.
Mr. McKenney felt that all other checklist items had been met and left the decision in the hands of the Planning Board. Mr. Houseworth reviewed all open items left on the minor subdivision checklist:
Item 12 B.3a (7) typo fixed
Item 15 & 16 B.3q (10.11) wetlands were delineated
Item 37 B.3 a (29) Wetland flag delineations to be kept in place until a Certificate of Occupancy has been issued for the new structure
Item 62 B.4.d Before the Certificate of Occupancy is issued by the Building Inspector, the easement for the shared driveway must be in place. This
stipulation will be placed in the property file and on the Building Permit.
A motion to approve the application of Linda J. Hamilton for a Minor Subdivision of property located at 41 Old North Branch Road, Antrim, NH, Tax Map 213, Lot 70 in the Highway Business District, Rural District, and Lakefront Residential District was made by Mr. Koziell, and seconded by Steve Schacht. A roll call vote was taken: Mr. Burnside, aye; Mr. Robblee, aye; Mrs. Wasserloos, aye; Mr. Snow, aye; Mr. Koziell, aye; and Mr. Schacht, aye. The Minor Subdivision proposal was unanimously approved. The standard conditions will apply. The mylars were signed by the applicant, the Planning Board Chair, and the Town Planner. Mr. Houseworth informed the applicants that they will be receiving an official notice of decision in the mail, signed and endorsed by the Chair, within thirty days from the date of tonight’s meeting.
IN-EX Homes, LLC; File #2007-10PB; 6-Lot Cluster Housing Subdivision Proposal: Mr. Burnside recused himself from the In’Ex Homes, LLC public meeting proposal, and Chair Robblee appointed Ms. Taylor to sit for Mr. Burnside. Chair Robblee continued the public meeting at 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. Since the last meeting, a beaver dam breached and overtopped the culvert, and removed the gravel surrounding the culvert, making the road impassable. Mr. Chamberlain (Meridian engineer and representative for In'Ex homes) reported that he had been to the beaver dam and had seen no beaver activity. Due to the numerous flooding events that have
resulted from the beaver dam breaking in the last couple of years, In'Ex Homes, LLC has decided to propose a 6' x 5' concrete box culvert with a natural stone/ open bottom, headwall, and wingwalls. Because the Town Engineer recommended in his eighth review that the Board require an in-depth dam breech analysis be conducted in order to determine whether the proposed 6’ x 5’concrete box culvert is large enough to handle another similar flooding event, Mr. Houseworth read aloud the Drainage Analysis section of Mr. Peter Pitsas’ (Underwood Engineers, Inc) report which pertains to the recommended dam breech analysis. Following this review, he then read aloud the May 14, 2008 response letter from Mr. Nathan Chamberlin (Meridian Land Services, Inc.) which essentially states that a dam breech analysis is not necessary because the proposed culvert is 2.4 times larger than the existing culvert, 2.0 +/- times greater than the existing channel, will be
equipped with a headwall and wingwalls, and is designed to pass a 200 year frequency storm event without overtopping the road. Mr. Chamberlin assured the Board in his letter that they are confident that this structure will withstand any “future” dam breaks that may occur.
Mr. Marrotte explained that the box culvert would be two-and-one-half (2 1/2) times larger than the compromised culvert. Mr. Marrotte expressed his frustration with the proposed culvert process, and that the only issue remaining is the decision regarding the proper bridge crossing. Mr. Chamberlain felt that In'Ex Homes, LLC should be applauded for going with a structure that is most likely larger than it needs to be and pointed out that the Antrim Subdivision and Site Plan Review Regulations only call for a culvert which can handle a 50 year frequency storm event. The Board discussed the potential cost of a dam breach analysis, the cost difference of a 6’ x 5’ box culvert versus an 8’ x 5’ box culvert, how much water normally flows through the stream, pre and post analysis of the stream flow, downstream metering, the
height of the road over the culvert, and the water channeling that the wing walls would provide.
Mr. Houseworth stated that the Town Engineer is recommending that the Board request an in-depth dam breech analysis be conducted because the applicant has not shown any proof or data to confirm that the 6’ x 5’ concrete box culvert will be large enough to handle the amount of water that rushed through this stream channel during the last three (3) flooding events. He reiterated that the burden of proof is on the applicant. He stated that the applicant should be commended for proposing a culvert designed to handle a 200 year frequency storm event (rather than a 50 year frequency storm event) but that doesn’t necessarily mean that it can handle the amount of water flowing through this channel during a flood event. He stated that you can’t really compare the two without doing some kind of analysis
regarding how much water is being released during these flood events.
Mr. Marrotte emphasized that he is confident with Mr. Chamberlain's final analysis and decision for the proposed structure. Mr. Chamberlin explained that Mr. Pitsas also suggested to expand the culvert width by two (2) additional feet, making it an 8’ x 6’ concrete box culvert, which would increase the culvert area by twenty-five (25%) percent for a relatively small additional cost. He stated that although he feels that the 5’ x 6’ box culvert is more than adequate, they would go with the larger size box culvert if that would please the Board and allow for them to get conditional approval this evening.
After a lengthy discussion, the Board decided to meet the applicant in the middle by not requiring a dam breech analysis be conducted but instead requested that the proposed 6’ x 5’ concrete box culvert be enlarged to an 8’ x 5’ concrete box culvert. Mr. Marrotte pointed out that due to their planned excavation operations lasting for at least a year prior to preparing the house lots, it could be a number of years before he or the homeowners' association would be petitioning the Board of Selectmen for the Town to take over the road as a class V town road and therefore any damages to the proposed box culvert during this time period would have to be corrected by him, prior to petitioning the Town to take over the road. Mr. Snow made the motion to accept the 8' x 5' concrete box culvert; it was seconded by Ms.
Taylor. The roll call vote was taken: Ms. Taylor, aye; Mr. Robblee, aye; Mrs. Wasserloos, aye; Mr. Snow, aye; Mr. Koziell, aye; and Mr. Schacht, aye. The motion passed unanimously.
Mr. Houseworth continued the public meeting by reviewing remaining open items on the major subdivision checklist. Each item was read, discussed, and determined to be either satisfied or made a condition of approval. Mr. Koziell made the motion to conditionally approve the application of In'Ex Homes, LLC File #2007-10PB for a major subdivision of property located on the South side of Pleasant Street (Tax Map 245, Lot 017), Antrim, NH 03440 in the Rural Zoning District. The motion was seconded by Mr. Schacht. The roll call vote was taken: Ms. Taylor, aye; Mr. Robblee, aye; Mrs. Wasserloos, aye; Mr. Snow, aye; Mr. Koziell, aye; and Mr. Schacht, aye.
The following conditions apply to this approval:
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated 8/23/07 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health, and fire codes.
Items from the May 15, 2008 Checklist for Major Subdivisions (Conditions of Approval): #s 6, 8, 12, 13,15,19,20,23,26,29 - 33, 34, 35, 36, and 37.
Mr. Houseworth stated that the major subdivision proposal was conditionally approved by the Board and informed the applicants that they will be receiving an official notice of decision in the mail, signed and endorsed by the Chair, within thirty days from the date of tonight’s meeting, which will list all of the conditions of approval.
Approval of Planning Board Meeting Minutes: Mr. Burnside rejoined the Board. Ms. Taylor stepped down. Mr. Koziell moved to approve the minutes of the May 1, 2008 Board meeting as corrected, which was seconded by Mr. Burnside, and was unanimously approved. Mr. Schacht moved to approve the minutes of the May 12, 2008 Board Site Walk as corrected, which was seconded by Mr. Snow, and was unanimously approved.
Business Meeting and Correspondence:
· Schedule Subcommittee Meeting for Review of Proposed Subdivision Regulation Changes -- June 5, 2008 at 6:00 PM at the Antrim Town Hall.
· Final Paving of Major Subdivision Roads and the Road Acceptance Policy - The Board discussed the general notes on the subdivision plans discussed concerning the final paving (wearing course) and the confusion that notes #6. and #7. might cause (#6. Wearing course shall be placed in June of the following year of placement of binder Course and #7. Wearing Course shall not be placed until all structures and Improvements have been completed on all lots). Some of the issues the Board discussed concerning the final paving: a proposed amendment at a public meeting, economy as a factor, road damage should be covered and defined, the class VI waiver, a bond for each driveway permit, road acceptance and the bond issue. As a result, the Board will hold a Public Meeting on June 5, 2008 at Town Hall
to discuss a potential revision of the plan notes.
· Pierce Lakes Estates II Subdivision-Site Erosion Issues and Road Bond Reduction #3 Mr. Pitsas will develop a punch list with the issues that need to be addressed.
· Cornerstone Outreach Ministries, Inc. - Bike Week Pull-Off Area on Rt. 9 - Mr. Willeke will discuss the Right of Way issues with DOT and report back to Board.
· Code Enforcement Letter to Schultz retaining wall on Gregg Lake - discussed
· Driveway permit for Scott Burnside - reviewed
· Code Enforcement Letter to Joe Listrina, Unit #10, 119 Keene Rd., - discussed
· At the Town Election in March, on the Town Officers' Ballot, there were 10 write-in votes (on a 'Vote for Two' and one person ran, Joseph Koziell): 5 for Peter Beblowski and 5 for Doris Shelley Nelkens. Although the tie was broken, neither wanted the position. Two (2) alternates were appointed - Missy Taylor and C.R. Willeke. One of the alternates needed to become a member. Mr. Burnside motioned that Ms. Taylor assume the vacant member position; it was seconded by Mr. Koziell. The Board voted unanimously.
· The members of the Bennington Planning Board requested information from the Board concerning the logistics of running the Board. Mr. Houseworth explained.
Mr. Burnside moved to adjourn the meeting at 9:30, which was seconded by Mr. Koziell, and unanimously approved.
Respectfully submitted,
Diane Chauncey, Staff – Antrim Planning Board
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