ANTRIM PLANNING BOARD MEETING
September 17, 2009 Meeting
Members & Staff Present:
Scott Burnside (Chair) Diane Chauncey (Staff) Jesse Lazar (Alternate)
Peter Moore (Planner) Steve Schacht (ExOfficio) Andrew Robblee (Member) Kathi Wasserloos (Member)
Member & Staff Absent: Joseph Koziell (Member) Sandy Snow (Member)
CR Willeke (Vice-Chair)
Public Attendees:
Leonard Pagano (Applicant)
Joseph Byk (Attorney)
Rick Kohler (Wetlands Scientist, Todd Surveyor)
Kevin Quigley (Applicant)
Jane Quigley (Applicant)
Jenny Clifford (Resident)
David Dubois (Resident)
John Hayes (Hancock Resident/Realtor)
Gil Geisz (Abutter to Pagano)
Mrs. Geisz (Abutter to Pagano)
7:00 Public Meeting:
Review Period
Appoint alternates to sit for absent members –Mr. Lazar to sit for the absent Mr. Koziell
Minutes of the September 3, 2009 Board Meeting - Mr. Schacht moved to accept the minutes as presented. Ms.Wasserloos seconded it. The minutes were approved.
7:15 Public Meeting:
Pagano - #2009-06PB - Minor Subdivision - Map 215 Lot 33
Chair Burnside requested that Mr. Moore read the Public Notice: “Notice is hereby given that a public meeting will be held at 7:15 PM Thursday, September 17, 2009 at the Antrim Town Hall on the request of Leonard & Tamara A.(Vezina) Pagano for a minor subdivision of property located at Turner Hill & Old Milk Road (Tax Map 215, Lot 33) in Antrim, NH, 03440, located in the Rural District.
You are invited to appear in person or by agent or counsel to state reasons why you think this request should or should not be granted. Written concerns should be submitted to the Antrim Town Office prior to the meeting. The application and supporting documents are available for review at the Antrim Town Offices 8:00 AM to 4:00 PM Monday through Thursday."
Mr. Moore said that all abutter registered letters had been sent and all receipts had been returned. The only correspondence was from Mr. Robert Edwards who had sent an email which Mr. Moore read. It stated that he offered no objection to the Pagano subdivision. Three residents had requested information. Mary Ruoff by telephone – information was emailed to her; Mr. & Mrs. Geiz with their realtor John Hayes, had come into Town Hall on the day of the Public Hearing and requested information which was given at the counter.
Mr. Pagano began his presentation by thanking the members and staff for their time. He introduced Attorney Joseph Byk and Rick Kohler, wetlands scientist for Todd Surveyors.
Mr. Kohler presented the proposal for the subdivision. He described the lots on Turner Hill and Old Milk Road – 2 lots – he outlined the two new parcels with a colored marker on the plans which all of the Planning Board members also had. He marked the parent lot (large L shape Map 215 Lot 33) which abuts another parcel that his family owns and where his residence is located (Map 215 Lot 34). The Parent Lot will be divided into two lots with new map and lot numbers: 215-033-001 and 215-033-002.
215-033-001
- 7.1 acres
- structure would be deep within lot
- tree buffer would exist on westerly edge of lot
- wetlands delineation exists
- well – 75 –foot radius
- soil tests – test pit data very consistent
- favorable that structures would set down slope and not be conspicuous on the property
215-033-002
- 3.41 acres
- all of the above minus the westerly tree buffer
Chair Burnside asked the Board if there were any questions for the applicant.
John Hayes wanted to know about the 50’ frontage of the parent lot.
Mr. Moore quoted from Article XIV Supplemental Regulations R, 2 & 4, Back Lots shall:
2, a. Have a minimum lot size of not less than three (3) times the required lot size for the district in which it is located.
2, b. Have a minimum frontage of fifty (50) feet which shall serve as access right-of-way owned in fee simple by the owner of the back lot. The area of the right-of-way shall be included in the size of the back lot.
2, c. Meet all the other yard requirements of the district in which it is located. In the back lot, the front yard setback will be measured from the property line closest to the nearest street right-of-way line.
4, The further subdivision of back lots after their establishment will require additional subdivision approval from the Planning board.
Mr. Pagano will continue to own the back lot.
Chair Burnside said that any development on the back lot would require Old Milk Road to be brought up to Class V specifications.
John Hayes asked if the 50’ right of way would give access to the back lot. If the back lot were to be further subdivided the Class VI road would need to be brought up to Class V specifications.
Chair Burnside said that the development of the back lot had three options:
1. Upgrade the Class VI road
2. Sign off on emergency services
3. Continue as a driveway (but there can be no further subdivision of the back lot unless the Class VI Road becomes a Class V road)
Mrs. Geiz wanted to know how certain the applicant was on the location of the new structures on the new lots.
Mr. Kohler stated that according to the zoning ordinance, the structure could be anywhere on the lot as long as the setbacks are followed. He further explained that the characteristics of the lot would limit the placement of a home.
Chair Burnside wished to follow the procedure and the next step in Planning Board procedure would be to accept the application.
Mr. Moore read the information of the Dept Reviews: Conservation Commission, Police Department, Fire Department, and Highway Department. There were no contrary reviews. Mr. Moore continued that the application is for a minor subdivision and then read the definition of a minor subdivision:
Chair Burnside asked if the Board were ready to vote on the acceptance.
Mr. Robblee moved to accept the application of Leonard & Tamara (Vezina) Pagano for a minor subdivision of property located at Turner Hill Road and Old Milk Roads (Tax Map 215 Lot 33) in Antrim, NH 03440 located in the Rural District. Mr. Schacht seconded the motion
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
The application was accepted.
Public Hearing:
Mrs. Geiz wanted to know if there is any kind of control on the “flavor” of the house to be constructed on the lot.
Chair Burnside said that as long as the buyer fits within the setbacks. Mr. Pagano could put covenants on the lot.
Mr. Hayes said that on the larger lot, the house placement would be determined by the wetlands and the wetlands setback.
Mr. Kohler said that the wetlands precluded the home placement.
Mr. Geiz asked if the septic system needs to be placed in the area marked on the plan.
Mr. Kohler explained that Todd surveyors place the septic in what they consider the best placement, but that it is ultimately up to the buyer.
Mrs. Geiz asked if a mobile home could be placed on the property.
Mr. Schacht said that mobile homes were only allowed in certain areas.
Mr. Kohler said that the well can not be placed in the wetlands.
Mr. Schacht asked if the proposed driveway on the 7.1 acre lot would be placed within the wetlands setback?
Mr. Kohler said that it did not.
Mr. Robblee asked if there another residence on the back lot?
Mr. Pagano said he had a garage on the back lot but not a residence.
Chair Burnside asked if there were any other comments from abutters.
Mrs. Geiz did not want the flavor of the neighborhood to change.
Chair Burnside said that the Planning Board can not deny an application if all the requirements are met.
Chair Burnside closed the Public Hearing.
The Board continued the application process by reviewing the checklist. There are 44 items (not including the final submission). All of the 44 were satisfied by the Planning Board, except the following :
Item#9. B.3.a(4) Zoning classification: classified as Residential – should be Rural. Mr. Kohler noted that it was an error and it would be corrected. Mr. Schacht moved the classification as a Condition of Approval. Mrs. Wasserloos seconded the motion.
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
Item #24, B.3.a(19) A waiver request for Ground Controls - Change the Date to September 17, 2009. There are existing controls - drilled monuments, blaze orange in place, internal stonewalls, utility poles. Mr. Schacht moved to waive the requirement and it will become a Condition of Approval Mrs. Wasserloos seconded the request.
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
Item # 28, B.3.a(22) Waiver - Monument newly created lots upon subdivision approval. Mr. Schacht moved to waive the requirement and it will become a Condition of Approval.. Mrs. Wasserloos seconded the motion.
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
Item #35, B.a(27) Written request for waivers - The letter submitted will need to have the date changed. Mr. Schacht moved to waive the requirement and it will become a Condition of Approval.. Mrs. Wasserloos seconded the motion.
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
Item 41, B.3.b(3) - NHDES Subsurface Systems Bureau - permit pending. Schacht moved to waive the requirement and it will become a Condition of Approval. Mr. Lazar seconded the motion.
Roll call vote: Mr. Schacht, aye; Chair Burnside, aye; Mr. Robblee, aye; Mr. Lazar, aye; and Mrs. Wasserloos, aye.
LCHIP (Land & Community Heritage Investment Program ) $25.00 to be paid at the time that the mylar is signed. Standard Condition of Approval
Mr. Schacht moved to approve the application of Leonard & Tamara )Vezina) Pagano for a minor subdivision of property located at Turner Hill and Old Milk Roads (Tax Map 215, Lot 33) in Antrim, NH 03440, located in the Rural District with 8 Conditions of Approval (Three standard conditions.)
Business Meeting:
Quigley - #2009-07PB - Conceptual Consultation - Map 218 Lot 29
Chair Burnside asked the applicant to present their proposal.
Mrs. Quigley expressed the following:
- Life long dream to have children have homes on their parcel
- Would gift their two children the land on which to build
- Asked the Board for guidance
In a discussion with the Quigleys, the Board determined the following:
- 218’ frontage – not enough frontage to create a fifty foot right of way
- Possibility to request a road frontage variance from ZBA – must show hardship
- Swap land with agreeable neighbor to increase frontage and then propose a lot line adjustment (a thirty-two foot (32’) section would be necessary
- Shared driveway is not a solution. Mr. Moore reads from Subdivision & Site Plan Review Regulations, Section IX: General Standards & Requirements, Shared Driveways, F, 7.
- Minimum distance between driveways, same Section IX as above, F, 4, c.
- Accessory structures were discussed but determined that the requirements were not suitable
- Another issue –a back lot could sustain one structure – according to Zoning Ordinance - - only one back lot
- The possibility of a duplex was discussed
- A non-conforming lot can not be made more non-conforming
- One lot – fifty foot (50’) right of way driveway
- Two lots – Class V road
Mr. Robblee suggests a local surveyor who knows the Zoning Ordinance
Mr. & Mrs. Quigley thanked the Board for their time and expertise. Ultimately, they wanted their two children to have the capability to build on their property and they hoped that could occur.
Business Meeting (continued):
Review Subdivision & Site Plan Regulation DRAFT – Front Cover through “Option B’ - to be continued next meeting
Update on status of In-Ex Homes LLC – Extension of Letters of Credit – Mr. Moore explained that Mr. Marrotte has declared bankruptcy, and that Mr. Belletete would be requesting an extension for the Letters of Credit but had not yet received that letter.
Review of Planning Board Alternate - applicants David Dubois and Jenny Clifford
Chair Burnside said that it was great to have potential alternates, and he welcomed Mr. Dubois and Mrs. Clifford.
Mr. Moore asked if the applicants to discuss their interest in being alternates on the Board.
Mr. Dubois said that when he had lived in Wilton (he and his wife now live in Antrim in a new home) he had served on the Ambulance dept and a non-profit committee. He had worked with John Kendall on the Tuttle Library addition and became interested in becoming involved with an Antrim board.
Mrs. Clifford said that she is a Realtor, has worked with developers, read a lot of deeds, and is interested in increasing her knowledge concerning the Planning Board. She was concerned about the time commitment and that she may not be able to attend every meeting. Chair Burnside assured her that even as Chair he misses an occasional meeting.
Both potential alternates were agreeable to serve as alternates.
Mr. Schacht said that he was pleased to have two new alternates.
Mrs. Wasserloos stated that a variety of strengths and jobs created an effective Board.
The Board unanimously agreed to the two new alternates.
Perimeter survey of land to be subdivided - what is the policy?
Mr. Moore explained that a resident would like to subdivide 2 acres out of a 33-acre lot. The property owner has asked the necessity of surveying the entire boundary of the 33 acre parcel, when he is interested in subdividing out a 2 acre parcel.
After a short discussion, the Board determined that the property owner should apply for a minor subdivision and request a waiver for the perimeter survey of all the boundary. The Board would determine the request at the Public Meeting for the proposed subdivision.
Correspondences:
- NHDES - Wetlands Bureau Complaint, 354 Keene Road, Map 211 Lot 4 -FYI
- Shoreland Protection Act required notification for a Shoreland Permit for property at 41 River Road
Map 207 Lot 22 - FYI
- Shoreland Permit application - FYI - Checklist of Required Items to be submitted with the ES Shoreland Application Form
Code Enforcement: No new actions
New Business from the Floor:
- Reminder - Registration for OEP Conference on October 17, 2009
www.nh.gov/oep/events/fall_conference/index.htm
Code Enforcement: No new actions
At 8:30 pm, Mr. Robblee moved to adjourn the meeting which was seconded by Mr. Lazar, and unanimously approved. The meeting was adjourned.
Respectfully submitted,
Diane Chauncey, Planning Assistant, On behalf of the Antrim Planning Board
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