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Planning Board Minutes 04/16/09
ANTRIM PLANNING BOARD MEETING

April 16, 2009 Meeting

Members & Staff Present:
 Scott Burnside           Diane Chauncey                        Andrew Robblee
Joe Koziell                      Jesse Lazar                           Steve Schacht            Sandy Snow                      Paul Vasques                            CR Willeke
                                                                                                                
Member & Staff Absent:           Kathi Wasserloos         

Public Attendees:  
D. Ann Edwards (applicant)      Robert Todd (surveyor)  Gail Rochford (surveyor)

7:00 Review:
Review Period - Chair Burnside appointed Mr. Lazar to sit for the absent Mrs. Wasserloos.
Approve the Minutes of the April 2, 2009 Board Meeting   Mr. Willeke moved to accept the April 2nd meeting minutes as read.  The motion was seconded by Mr. Koziell, and unanimously approved.
        
7:15 Public Meeting: Doris A. Edwards: Lot line Adjustment File #2009-01PB
Chair Burnside convened the meeting at the request of Doris A. Edwards for a lot line adjustment and annexation of properties located at 28 North Main Street (Tax Map 102 Lot 25) and 32 North Main Street (Map 232 Lot 1) in Antrim, NH 03440 in the Residential District. He asked Ms. Rochford, licensed surveyor, to present her proposal. The Board had already reviewed the application, maps, and property cards.  Ms. Rochford explained that it was a very simple lot line adjustment and was mainly to make the lot (Tax Map 233, Lot 1) more conforming, and that a portion of Map 102 Lot 25 would be annexed to Lot 233 Lot 1. Mr. Vasques stated that the application was complete, a written letter for waiver requests had been submitted, and that the plan had been reviewed. All certified letters were sent. No complaint letters were received nor any in person comments. He recommended that the Board accept the application.

Mr. Robblee "moved to accept the application of Doris A. Edwards for a lot line adjustment and annexation of properties located at 28 North Main Street (Tax Map 102 Lot 25) and 32 North Main Street (Map 232 Lot 1) in Antrim, NH 03440 in the Residential District." The motion was seconded by Mr. Schacht. Roll call vote: Mr. Koziell, aye; Mr. Robblee, aye; Chair Burnside, aye; Vice-Chair Willeke, aye; Mr. Schacht, aye; Mr. Snow, aye; and Mr. Lazar, aye.

Public Hearing:  Chair Burnside opened the public hearing on the Edwards application to receive any public comment. There were no comments from the public attendees. The public hearing was closed.

Deliberation:  Mr. Vasques said that the department reviews have all been retuned with "not applicable" notations. The Board then reviewed the checklist for minor subdivisions, lot line adjustments, or annexations.

The Board voted on the following waivers:

#16, B.3.a (11) - Waiver request for location of wetlands and 100-year flood elevation - no new buildings or lots created. (Mr. Schacht moved the waiver to be accepted. Mr. Robblee seconded it, and it was approved by all.)

#17 B.3.a (12) - Waiver request for location of water bodies, streams, rock ledges, etc. - no new buildings or lots created. (Mr. Willeke moved the waiver to be accepted. Mr. Schacht seconded it, and it was approved by all.)

#21 B.3a (16) - Location and type of all proposed and existing monuments - bounds to be set. The bounds are not yet set. This item was satisfied as a Condition of Approval.

#22 B.3a (17) Consensus was that this was Not Applicable

#23 B.3a (18) Waiver requested for existing grades, topography, etc. - no new buildings or lots created. (Mr. Schacht moved the waiver to be accepted. Mr. Robblee seconded it, and it was approved by all.)

#24 B.3.a (19) Waiver requested - Ground Control - no new buildings or lots created. (Mr. Koziell moved the waiver be accepted. Mr. Schacht seconded it, and it was approved by all.)

# 25 B.3a (20) Annexations to remain a legal lot - Consensus was that this was Not Applicable

#33 B.3.a (25) Waiver requested for soils delineation - no new buildings or lots created. (Mr. Willeke moved the waiver be accepted. Mr. Schacht seconded it, and it was approved by all.)

#34 B.3.a (26) Variance information - Consensus was that this was Not Applicable

All other checklist items were either deemed satisfied or not applicable.

Mr. Koziell moved "to approve the application of Doris A. Edwards a lot line adjustment and annexation of properties located at 28 North Main Street (Tax Map 102 Lot 25) and 32 North Main Street (Map 232 Lot 1) in Antrim, NH 03440 in the Residential District, with the following conditions:
  • Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated April 16, 2009 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.
  • Subject to submittal of final mylar showing the setting of metes and bounds.
  • Subject to payment of LCHIP $25.00 fee.
The motion was seconded by Mr. Schacht. Roll call vote: Mr. Koziell, aye; Mr. Robblee, aye; Chair Burnside, aye; Vice-Chair Willeke, aye; Mr. Schacht, aye; Mr. Snow, aye; and Mr. Lazar, aye. Mr. Vasques stated that the lot line adjustment was approved by the Board and that a Notice of Decision signed and endorsed by the Chair, will be sent to the applicants with four conditions.
Valley Construction: Conceptual Consultation – Possible lot line adjustment - Dan Valley, File #2009-03PB, located at Valley Lane cul-de-sac (Tax Map218 Lot 12) in Antrim, NH 03440 in the Rural District.
Chair Burnside asked Mr. Robert Todd to present his proposal to discuss the concept of a lot line adjustment on land owned by Mr. Dan Valley. Mr. Todd set up his plans and began with a factual background:
  • The subdivision plan (stamped by licensed surveyor, Gayle Rochford) was created for Dan Valley
  • Six lots were approved in 2003.
  • The Plan called for an 18’ wide gravel road bed built to specifications in the plan.
  • The cul-de-sac  called for a 75’ radius.
  • A culvert was placed along  the boundary line between lots 3 & 4
  • The entire subdivision has restricted covenants recorded a year after the plan was approved. (Registered Book 7202 Page 1648)
  • The covenants can be modified by landowners – in writing
  • No development in the view area - enforced by Mr. Valley and a representative of the lot owners.
  • A provision that in no case shall the traveled way be less than 20'.
  • The covenant supersedes the approved plan.
  • Repair and reconstruction has to be done to the standards prescribed by the Selectman.
  • Mr. Valley still owns the road.
  • Mr. Todd’s client owns Lot 5
  • Mr. Rafus owns Lot 4
  • Mr. Valley owns Lot 7  and Lot 9
Existing conditions:
  • Mr. Todd had been hired by Mr. Tucker (Lot 3) to do a septic system
  • Mr. Tucker was concerned about where his structure would be sited. He had discussed the possibility of moving the roadway with Mr. Valley.
  • The existing roadway goes outside the limits of the road as shown on the plan.
  • The culvert has been found to be in the cul-de-sac and goes beyond the limits
  • The drainage easement was an oversight; so close to the edge of the inlet –overlooked
  • The width of the turnaround would not accommodate any vehicle other than a passenger car.
Having explained the background information and the existing conditions, Mr. Todd proposed possible solutions to some of the issues:
  • The roadway needs to be checked for width from Elm Avenue to the cul-de-sac. He felt that the traveling surface should be twenty feet.
  • Adjust the lot line with the road and reconstruct the cul-de-sac so that a larger wheelbase vehicle (a 50' wheelbase) could negotiate the turn without leaving the gravel surface
  • Add an easement for the inlet and outlet of the culvert 
  • Study the drainage system  and reconstruct the easement
  • Reduce the radius of the cul-de-sac from 75’ to 60’
  • Reconstruct the whole road
  • Possible amendments to the restrictive covenants
The Board concurs that there are numerous problems and that Valley Lane had been the last subdivision road to be constructed without the required Class V standards. A Board member questioned the capability of emergency vehicles to navigate the road. They then discussed with Mr. Todd possible solutions. Mr. Burnside questioned the change to the culvert. Mr. Vasques questioned the redo of the entire road and why not just the cul-de-sac. Mr. Todd would like to shrink the size of the cul-de-sac. Mr. Robblee expressed his concern for the size of the cul-de-sac. Mr. Burnside agrees that it is too small. Mr. Schacht questioned the change in the cul-de-sac and how it would affect the Tucker lot. Mr. Todd said that Mr. Tucker (Lot 4) feels that he was misled. Mr. Robblee said that the road should meet the Class V specifications. Mr. Burnside said that it would be very expensive to redo the road because the existing material does not meet the specifications. Mr. Willeke questioned whether shrinking the circle would make the driveway approaches more difficult.
Mr. Todd did not feel that future driveways would be more difficult to site.

There was further discussion concerning the problems with the road and how this would not occur again because of the requirement to build to Class V standards. The Board decided that each member on his/her own time would view the road. Mr. Todd thanked the Board for their thoughts and considerations. He now better understood the problems with Valley Lane.

Chair Burnside thanked Mr. Todd for coming in.


Business Meeting:
In-Ex Homes: Letter granting permission for Mr. Belletete to act on behalf of In-Ex Homes FYI
Request to extend conditional approval one year May 15, 2010 (See status of conditional approval):

Mr. Marrotte of IN-Ex Homes was before the Board to discuss an extension of time for the conditional approvals of the Notice of Decision dated May 15, 2008. Mr. Marotte discussed each of the conditions that were not satisfied:
#4 - Pending written approval from PSNH for the proposed utility easement or utility plans. The pole does not belong to PSNH but rather to the Town of Antrim. It seemed that no one wanted ownership of the pole, but an easement is needed to pass over the abutting (Mr. Gordon's) property.

#5 - Proposed easements – Mr. Marrotte's legal counsel has said that the easements would be developed once the final Mylar is registered at the Hillsborough County Registry of Deeds in Nashua, NH.

#6 - Easement for Mr. Gordon's fence. - Mr. Marrotte's legal counsel has said that the easements would be developed once the final Mylar is registered at the Hillsborough County Registry of Deeds in Nashua, NH.

Chair Burnside said that temporary easements are often done while construction is going on and the permanent easements are drawn up once the project is completed. He used the North Main Street Bridge project as an example.

#11 - Pending confirmation from the US EPA that a NPDES Notice of Intent, Storm Water Pollution Prevention Plan and Construction General Permit. This is required seven days prior to construction.

#16 - Pending an acceptable Performance Guarantee in the amount of $358,045.00. This is not satisfied, but Mr. Marrotte is very interested in "Option B" - a proposed change to the 'Antrim Subdivision and Site Plan Review Regulations' for the construction of on-site and off-site improvements. The Board is working towards incorporating this regulation which would lower the developer’s expenses throughout the construction process while also providing proper protection for the Town.

Mr. Koziell moved to grant the extension of the conditional approval to May 15, 2010. Mr. Schacht seconded it the motion and it was unanimously approved.

Hearing fees –   Mr. Vasques would like the Board to consider the fees for wind farms, cell towers, etc. The present fee of $100. 00 is not sufficient for staff time. He will gather information from other towns and present a proposal to the Board.



Discussion of Construction Sequence Options: The Board had a lengthy discussion concerning Option 'B', a construction sequence, which would eliminate the requirement for performance quarantine before starting on site and off site improvements. Chair Burnside asked Mr. Marotte to review the proposed regulation change and to give his opinion of the proposed changes.
        

                        
Correspondences:

SWRPC: Forum. Green Business, The Next Generation, An Earth Day Public Forum April 21, 2009

Town of New Boston: New Cingular Wireless (AT&T) cell tower hearing April 21, 2009      

Code Enforcement:  No new actions
                        
At 8:47 pm, Mr. Koziell made a motion to adjourn the meeting which was seconded by Mr. Schacht, and unanimously approved. Chair Burnside adjourned the meeting.

Respectfully submitted,


Diane Chauncey, Planning Assistant
On behalf of the Antrim Planning Board