ANTRIM PLANNING BOARD
Regular Meeting
December 21, 2017
MINUTES
Members & Staff Present:
Chris Condon (Chair), Jeanne Cahoon (Vice Chair), Bob Holmes, Lynne Rosansky, Bob Edwards (Ex-Officio) [in at 7:37 PM], Steve MacDonald, Janet McEwen, and Carol Ogilvie (Consultant Planner).
Members Absent: N/A
CTO: Chair Condon called the meeting to order at 7:00 P.M. Board introductions.
Chair Condon announced that the Land Use Assistant position was recently vacated and that therefore Ms. Ogilvie would be filling two roles this evening.
I. Dubriske/Woodhouse Lot Line Adjustment
Chair Condon asked Ms. Ogilvie to read the public notice and confirm that the notice had appeared in the newspaper and that certified letters were sent to all abutters.
The Chair then asked Ms. Ogilvie to give her staff report. Ms. Ogilvie gave a brief overview of the purpose of the application and reported that in her opinion the application was complete for the Board to accept and move into public hearing.
Chair Condon noted that at this stage he normally would read the checklist, but based on the staff report, he would skip that step. He then called for a motion to accept the application as complete.
Motion: Ms. Rosansky moved the motion/seconded by Ms. Cahoon to accept the application as complete.
Vote: By a voice vote, all in favor.
Chair Condon then opened the public hearing and invited the applicant to make their presentation. Chris Guida of Fieldstone Land Consultants introduced himself as the agent for the applicants. He presented a colored map that illustrated the two lots in question and the area of annexation, noting that the purpose – as expressed in Ms. Ogilvie’s staff report, was to enable the construction of a garage that would meet the side and rear setbacks. He reiterated that the application met all of the submission requirements for a lot line adjustment and that they were not asking for any waivers.
Chair Condon then asked if the Board had any questions.
Mr. MacDonald asked about the ownership of Lot 20 and how the annexed parcel would be transferred. Mr. Guida responded that the deeds to both properties would be revised after the mylar is recorded.
Mr. Holmes asked for confirmation that Lot 20 is vacant, to which Mr. replied that is the case.
Chair Condon then asked if any abutters were present who wished to speak for or against the application. There were none, so the Chair closed the public hearing portion of the meeting and opened the deliberative portion of the meeting.
Mr. MacDonald stated that he didn’t see that there was anything else to discuss; the application seemed very straightforward. There were no other comments from the Board. Chair Condon asked if anyone felt the need for any condition to be attached, to which there were none. Chair Condon then called for a motion.
Motion: Mr. MacDonald moved the motion/seconded by Ms. Rosansky. Chair Condon called for a roll call vote.
Vote: McEwen – Aye; Rosansky – Aye; Condon – Aye; Cahoon – Aye; MacDonald – Aye; Holmes – Aye.
II. Bracebridge Lot Merger Revocation
Chair Condon asked Ms. Ogilvie to read the public notice and confirm that the notice had appeared in the newspaper and that certified letters were sent to all abutters.
The Chair then asked Ms. Ogilvie if she had a staff report for this application. Ms. Ogilvie replied that she had not prepared one for this because it is not a typical application in that there is no checklist; furthermore, Town Attorney had weighed in with advice on which procedure to follow, therefore she felt that she did not need to add anything in addition to that. The purpose of the application is a request to the Board to revoke a previously-approved voluntary lot merger.
Chair Condon noted that at this stage he normally would read the checklist, since there is not a checklist in this case, he would skip that step. He then called for a motion to accept the application as complete.
Motion: Ms. Cahoon moved the motion/seconded by Mr. MacDonald, with all voting in favor to accept the application as complete.
Chair Condon then opened the public hearing and invited the applicant to make their presentation. John Cronin introduced himself as the attorney and agent for Mrs. Bracebridge. He provided some historical background on the history of the lot in question. The crux of this request is that the Town deeded the lot to the Bracebridges after a previous owner’s tax default. The Bracebridges merged this lot with their lot in 1998. Mrs. Bracebridge, now widowed, wishes to sell the property, but the due diligence by the prospective buyer disclosed a cloud on the deed – that the previous owner apparently did not actually own the land. This has resulted in the prospective buyer being unable to secure financing. The remedy for this, according to Mr. Cronin, is for the two lots to be unmerged, whereupon Mrs.
Bracebridge can sell the lot with her house while retaining ownership of the vacant parcel. Once the prospective buyer owns the house lot, he fully intends to purchase the vacant piece as well and then re-merge the two lots.
Ms. McEwen questioned the procedure being followed in this case. She wondered why RSA 674:39-a (Voluntary Mergers) did not apply, since it specifically stated that if lots were voluntarily merged, they could not be unmerged without going through the subdivision process. Mr. Cronin replied that, for one thing, the tax deed is more than 10 years old and therefore is unassailable. The Town should never have taken the property in the first place because the owner was not actually the owner. The only effective way to solve the title defect is to unmerge these lots.
Chair Condon asked if the Board had any further questions. There being none, he asked for abutter comments.
A present abutter to the property states that knowing that the lot will remain unbuildable satisfies his only concern.
Ms. Cahoon asked what happens if the new buyer does not buy the vacant parcel. Mr. Cronin stated that he has assurance that it will be bought; but in any case, the land remains unbuildable. Mr. MacDonald stated that the real issue here is the title and that the Town made the initial mistake. Ms. Rosansky wondered if there was any possibility that a previous owner might emerge in the future. Ray Ledgerwood, in the audience, noted that the Town had posted in the newspaper that they were looking for the owner.
Chair Condon asked if there were any other comments from abutters, in opposition or otherwise; there being none, he closed the public hearing and opened the meeting for Board deliberation.
Mr. MacDonald stated that he did not see that the Town was at any risk and there was nothing to be gained by leaving the lot in limbo. Ms. McEwen stated that as long as Town Attorney is satisfied with this solution, it seems reasonable and practical to solve the title problem.
Chair Condon wondered if the Decision should include language regarding the non-buildable status of the lot, to which Ms. Ogilvie replied yes – not as a condition, since it is already unbuildable, but the Decision should note that. Chair Condon then called for a motion.
Motion: Mr. MacDonald moved the motion/seconded by Mr. Holmes. Chair Condon called for a roll call vote.
Vote: McEwen – Aye; Rosansky – Aye; Condon – Aye; Cahoon – Aye; MacDonald – Aye; Holmes – Aye; Edwards – Aye.
III. CIP
Chair Condon called on Ron Haggett, Chair of the CIP Committee, to present the CIP for 2018 – 2013 to the Planning Board. Mr. Haggett noted that, first of all, due to unforeseen circumstances, including a snow storm, the Committee had been unable to meet to finalize the spreadsheet. Therefore, the spreadsheet the Board is now looking at needs to be understood as not final. In addition, the Board had been unable to meet in advance with the Fire Chief, who is present tonight so that there can be some review of that Department’s requests.
Chief Gale then spoke to the several items he is looking to replace, principal among them the Freightliner truck and the Scott Packs (self-breathing apparatus). He explained the time frame he is looking at and discussed the cost estimates for these items.
The Board discussed various issues, including the timing of purchases, whether to purchase the Scott Packs at one time or stagger, whether there are other funding sources, and the cost of waiting to purchase due to annual percentage increases for equipment.
Mr. MacDonald stated that he felt this evening’s discussion is exactly what the CIP process should be about. Mostly they just worry about the numbers, but it is important to also consider the process of evaluating the various and often conflicting issues involved with coming up with the numbers. It is important that everyone understands what Antrim is facing.
Ms. Rosansky wondered how much money Antrim invests in its Fire Department relative to other towns of its size and population. Is there a better way to protect against disaster than for every town to have all of the same expensive equipment?
Mr. Holmes stated that, while this is a good conversation, it is getting away from the purpose of the CIP. The Department Heads should be providing the details and the CIP Committee should only be looking at the numbers. Mr. MacDonald and Ms. Rosansky disagree; they feel it is reasonable to ask about other approaches.
Chair Condon stated that the Planning Board’s role here is informational. The CIP Committee will make the presentation to the Select Board. Mr. Haggett noted that they would not be having this kind of detailed discussion tonight if the Committee had been able to meet earlier as planned.
Mr. MacDonald reiterated that the spreadsheet is just numbers; it does not give the Select Board the information it needs to make informed decisions.
Mr. Edwards stated that it is not up to the Planning Board to act as the CIP Committee. Furthermore, this spreadsheet they are looking at tonight is premature because the plan is not final. The process is always to have finalized the spreadsheet before coming to the Planning Board. He thinks the Committee needs to meet again before coming back to the Planning Board.
Ms. Cahoon suggested tabling the discussion until that happens. Chair Condon stated that he would be in favor of that.
The CIP Committee members present agreed to meet on Thursday, December 28th at 9 AM. Ms. Ogilvie will send out an email to the Committee and prepare a notice for posting.
IV. Minutes
- Minutes of November 16, 2017. Chair Condon called for a motion to approve the minutes.
Motion: Ms.Cahoon moved the motion/seconded by Mr. Edwards.
Discussion. Mr. Holmes noted that he was present at the November 16th meeting, even though he is not listed as being in attendance
Vote: By a voice vote, approved as amended, with Ms. Rosansky abstaining.
Adjournment:
Motion: Ms. Rosansky made a motion to adjourn/seconded by Ms. Cahoon.
Discussion. None.
Vote: By a voice vote, all agreed.
Meeting adjourned: 8:20 PM
Respectfully Submitted By,
Carol Ogilvie
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