ANTRIM PLANNING BOARD MEETING
August 7, 2008 Meeting
Members & Staff Present: Scott Burnside (Member), Diane Chauncey (Staff), Bradley Houseworth (Staff), Joe Koziell (Member), Andrew Robblee (Chair),
Steve Schacht (Ex-Officio), Missy Taylor (Member), Kathi Wasserloos (Member),
CR Willeke (Alternate)
Member & Staff Absent: Sandy Snow (Vice Chair)
Public Attendees: Mike Genest (Selectman)
Public Meeting: Chair Robblee convened the meeting at 7:11 PM, and began with the first item on the agenda.
Approval of Planning Board Meeting Minutes:
Ms. Wasserloos motioned to approve the minutes of the July 24, 2008 Board meeting as corrected (change 'plan' to 'subdivision plan' wherever applicable). Mr. Schacht seconded the motion and the minutes were unanimously approved by the Board.
Review of the proposed changes to the ‘Antrim Subdivision and Site Plan Review Regulations’ - ‘Option B’ for construction process of major subdivisions: Chair Robblee turned the meeting over to Mr. Houseworth to discuss the recently proposed new major subdivision development option, tentatively titled ‘Option B’, which could be incorporated into the proposed changes to the ‘Antrim Subdivision and Site Plan Review Regulations.’ Mr. Houseworth reiterated that this proposed ‘Option B’ construction sequence for new major subdivisions was proposed to try to limit the applicants’ expenses throughout the subdivision approval and construction processes while also providing proper protection for the Town via specific performance guarantees, construction timelines, and
conditional benchmarks. Each of Mr. Bart Mayer’s, Town Counsel, seven (7) key requirements for the proposed ‘Option B’ were discussed - some of the discussed items are listed below.
1) The Board needs to have a requirement for a performance guarantee for erosion control/ reclamation, in case the developer goes bankrupt or the subdivision is abandoned midway through the construction process.
2) The Board needs to make the process very clear for all applicants, specifically the fact that the construction of the road is a condition precedent (NOT subsequent) to the Boards’ final approval. .
· The road must be built to Class V Town Specifications
· The language in the subdivision regulations and in the Boards’ conditional approval requirements pertaining to ‘Option B’ must be very definitive and clear.
· The flow chart concept is very good. It would be ideal to have the two (2) construction sequence options structured in the subdivision regulations so they are side-by-side and can be easily reviewed and compared by the applicant.
· Is there a possibility of a combination of the 2 options? Yes, but depending on how this is carried out, it may not help the applicant save money. Depending on the circumstances, an applicant could also potentially switch from option B to option A during the process, by submitting a performance guarantee for the entire project or for whatever work still needs to be completed at that time.
· This option would allow a developer to build the road, but not sell lots, until the new road was constructed to the pavement binder course, inspected, and the rest of the work addressed via a performance guarantee.
· Some members liked the language in the Town of Belmont's 'Final Approval' section of their subdivision regulations because it really spells out in detail the construction sequence and steps from the Boards’ conditional approval of the subdivision plans to the completion of the major subdivision.
3) No building permits will be available to the applicant until the road construction is completed to the pavement binder course and the final mylar is signed and registered at the Hillsborough County Registry of Deeds.
· Not having building permits available limits the developer's capital to help fund the construction of the road, therefore it is not always a good position to be in for the applicant.
4) The Board needs to specify a time frame for the completion of all improvements to a certain standard.
· The need for clarity in the requirements was stressed again.
· The performance guarantee will still need to be held until twelve (12) months after the road and subdivision construction is completed, in order to provide a warranty for the Town of Antrim.
· All state and federal permits (such as the NH Department of Environmental Services) need to be obtained and issued prior to the Board receiving final plans and granting a conditional approval of the subdivision. A discussion of the various permits needed and when construction should begin ensued.
· The Planning Board's purpose is not to regulate or enforce state and/or federal laws.
· Time frame by which all conditions precedent must be met should be established in the subdivision regulations at two (2) years.
5) The Board needs to have a requirement for a performance guarantee for the final paving of the new road.
· The Board reviewed the following escrow account and performance guarantee requirements of the proposed ‘Option B’ thus far:
1) a performance guarantee for erosion control and reclamation;
2) a performance guarantee for final paving; and
3) the establishment of an escrow account by the applicant for the Town Engineer’s inspection services. Therefore, there are three (3) major costs involved in this potential ‘Option B,’ and they are far less expensive than the current requirement of posting a full performance guarantee up front for the entire road before construction begins.
· A standard performance guarantee form could be included in the subdivision regulations as an appendix, which could be used by all applicants. The performance guarantee of choice by the Board is an irrevocable Letter of Credit with a self-calling provision and a 10% retainage for one (1) year provision.
6) The Board needs to make sure that all local, state, and federal permits are in place before construction is allowed to begin on the subdivision.
· There was a long discussion of roads and planning
7) The Board could set up a standard form agreement for this potential ‘Option B’ approach, which the applicant would sign-off on.
The following construction sequence was discussed and agreed on:
· The escrow account is established for the Town Engineer’s inspection services,
· The performance guarantees are secured for the final paving and reclamation,
· The pre-construction meeting is held with the appropriate individuals, and
· The Town Engineer shows up on site for various stages of inspection as they road is constructed.
After much discussion, the Board decided to proceed with ‘Option B’ and that Mr. Houseworth would discuss the proposed subdivision regulation changes with Mr. Peter Pitsas (Town Engineer, Underwood Engineers, Inc.) and then discuss the language of the regulations with Attorney Bart Mayer (Town Counsel). Mr. Burnside made the motion to proceed with 'Option B'; Ms. Taylor seconded it, and it was unanimously approved by all.
Chair Robblee questioned how to go forward with the review of the proposed changes to the ‘Antrim Subdivision and Site Plan Review Regulations,’ feeling that the proposed changes need to be reframed because of Option B. The Board decided that they would be able to discuss the changes in Sections VII & IX at the next Board meeting. Ms. Wasserloos will be willing to edit grammar and language changes.
Business Meeting (continued):
Pierce Lake Estates II Subdivision – Final Paving of Knapton Circle was done on 7/15/08 --Road Agent’s concerns regarding the quality of the final paving. There continues to be erosion issues with this subdivision. Mr. Houseworth explained that the road agent, Mr. Bob Varnum, has commented on the fact that he felt a bearing was out on the roller which was used to do the final paving on Knapton Circle. He stated that the road agent believes this has resulted in the final paving being laid down uneven with minor hills and bumps in it. Mr. Pitsas has agreed to go out with the road agent to address this issue next week.
In’Ex Homes, LLC – Discrepancy regarding the Dam Review Services provided by Quantum - Mr. Marrotte does not want to pay the invoice for the engineering bridge inspection conducted by Lisa Martin (Quantum Construction Consultants, LLC) for his conditionally approved major subdivision proposal off the south side of Pleasant Street in Antrim. Mr. Marrotte feels that he did not authorize the inspection and should not be responsible. Mr. Pitsas (Town Engineer, Underwood Engineers, Inc.) felt that it was an emergency situation and should be dealt with immediately in order to have the best possible engineering review conducted. In retrospect, Mr. Houseworth felt that it would have been better if the dam review had been sanctioned by the applicant and the Planning Board before Ms. Martin’s services were
rendered. The Board continued to discuss the complicated situation. Some members said that there should be a policy of when the money runs out, no further reviews or inspections are made. Some members felt that Mr. Pitsas and Underwood Engineers, Inc. should pay. Mr. Houseworth explained that he gave the okay to Mr. Pitsas to bring Ms. Martin on-board. After a lengthy discussion, a motion was made by Mr. Koziell that Mr. Marrotte not be held responsible to pay for the dam review, provided by Ms. Martin. It was seconded by Mr. Schacht, and unanimously agreed. Mr. Houseworth will discuss this issue with Mr. Pitsas and follow up with a letter to Mr. Marrotte, requesting the remaining peer review services conducted by Mr. Peter Pitsas be paid immediately, since the reviews have already been completed.
Correspondences:
Pierce Lake Estates II Subdivision – Construction Monitoring Services Request Letter
Homes at High Hill Subdivision – Construction Monitoring Services Request Letter
Homes at High Hill Subdivision – Final Paving and Construction of Green Ridge Road
The latter three items continued the discussion of overruns of the Town Engineer’s Reviews. Some of the points are listed here:
· Possibly the applicant should pay the engineer directly for their services instead of the current situation where the Town of Antrim contracts Underwood Engineers, Inc. to provide engineering review and inspection services for the Town, and then passes the expenses of these services onto the applicant.
· A greater initial amount of money should be placed in the escrow account up front, so we don’t have to keep asking the applicant to replenish the account.
· A better procedure for the engineering reviews should be developed so that no additional services are rendered until the escrow account is properly replenished.
· An independent, paving testing company was suggested to be used during the road construction process, instead of the Town Engineer, to provide detailed test results of various road specifications Who would manage the testing company? Mr. Burnside believes Mr. Pitsas does a visual inspection while a testing company would check the aggregates.
· With the present arrangement, the Planning Department has the burden of collecting the overdue invoices from the applicants due to the peer review and inspection services escrow account overruns.
The outcome of this discussion was to send the letters for the overruns and to continue to work on the Subdivision Regulations so that future developments are not as problematic.
Conferences, Trainings, and Workshops:
The Board was informed of the following:
NH DES Drinking Water Source Protection Program Newsletter: ‘The Source’ Summer ’08 edition
Newspaper Article – ‘North Country In Line For District-Wide Heating System’
NH Department of Environmental Services (NH DES) – ‘Workshop on the Comprehensive Shoreland Protection Act,’ on Monday, August 11, 2008 at the Church Landing, the Inns at Mills Falls, Meredith, NH, from 7:30 AM to 4 PM. Cost is $30.00/ person. RSVP On-line.
NH Department of Environmental Services (NH DES) – ‘Web Soil Survey Workshop,’ on Wednesday, August 20, 2008 at NH DES off Hazen Drive in Concord, NH.
Planning Department Report – Annual Review of Operating Excavation Sites:
Mr. Houseworth gave the Board members a packet of information concerning the annual review that was done by the Planning Department, Mary Pinkham Langer (Department of Revenue Administration), and Dennis Thorrell (Licensed Forester). He asked that the Board read the information and that the excavation sites would be the topic for the next Planning Board Meeting.
At 9:30, Mr. Koziell moved to adjourn the meeting which was seconded by Mr. Schacht, and unanimously agreed upon by all. Chair Robblee adjourned the meeting.
Respectfully submitted,
Diane Chauncey, Staff
On Behalf of the Antrim Planning Board
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