ANTRIM PLANNING BOARD
Regular Meeting
December 6th, 2018
MINUTES
Members & Planning Staff Present:
Janet McEwen (Chair), Chris Condon (Vice Chair), Mary Allen (Member), John Robertson (Ex-Officio), Bob Holmes (Member), Lynne Rosansky (Member), Carol Ogilvie (Planning Consultant), and Steve MacDonald (Alternate), and Ashley Brudnick-Destromp (Assistant to Land Use Boards)
Members Absent: William Bryk (Member),
Others Present: Charles Sargent (Fireball Realty, Mulhall Farm Rd.), and Bob Edwards (Resident)
CTO: Chair McEwen called the meeting to order at 7:00 PM.
- Chair McEwen stated that if no one had any objection, she would like to move the reviewing and approval of the minutes until after Mr. Sargent spoke to the board. No one objected.
I. Review of Mulhall Heights Subdivision Private Roads (Commercial Drive & Mulhall Farm Rd.) by request of Chuck Sargent for adoption by the Town of Antrim:
Mr. Sargent introduced himself to the board, and said he was looking for the boards’ advice regarding Mulhall Farm Road. Mr. Sargent said he owned 11 of the 22 lots within the subdivision, in which he has sold 3 already, and Ms. Brudnick-Destromps house is on that road as well. Mr. Sargent said that he was aware he would have to plow the road in the beginning, but once there were houses, he was under the impression that the town would take it over. He said that he knows in the beginning it was the intent for the town to take it over, and that all the requirements were met. Mr. Sargent stated that in 2011 the Hardwicks (owners of the other 11 lots,) were pushing to have the roads accepted by the town, but stopped due to things that happened in their personal lives. Mr. Sargent said that there is a fire pond that the town needs access too,
and that the people living there need to be taken care of. Mr. Sargent is hoping the Planning Board will make a recommendation to the Selectboard.
Chair McEwen asked if the board had had a chance to look over the plat, several said yes. She asked if anyone had a comment on what Mr. Sargent had brought up. Mr. MacDonald said according to the staff report by Ms. Ogilive, the road agent signed off on the road in October 2010 and that later there was a request for a public hearing for the town to accept the roads, and it was denied. Mr. MacDonald wanted to know why it was denied. Mr. Sargent said that from what he read, at the time it was because there were no homes built, economy was bad, and it made sense not to plow it. Mr. Robertson also added that there were no homes developed at the time. Mr. Sargent added the road is probably in better condition now because it was not plowed during this time period.
Mr. Robertson stated that he is ex officio of the planning board, and that he is also a selectmen, and that Mr. Edwards is as well. Mr. Robertson said that because it has been 7 years since the last review, he would recommend the road agent walk it again. Mr. Sargent said he agreed to this as well, and that he walked it himself already and took care of any excess overgrowth, including the part on Ms. Hardwick’s half of the property. Mr. Robertson explained he lives on the other side of Ms. Brudnick-Destromp, and that he walks the property once in a while, and would want the road agent to make sure nothing has deteriorated. Mr. Sargent said once again he agreed with the request to send the road agent to make sure nothing has deteriorated.
Mr. Condon had a question for Ms. Ogilvie, in regards to the process, and if a public hearing is required. Ms. Ogilvie explained there is not a public hearing require here, and that the selectmen will have to hold a public hearing on the question of acceptance, and that it is customary the selectboard will then ask for a recommendation from the planning board. Mr. Sargent said that Terri wrote to the selectmen, and the response was to see what happened with the planning board first.
Chair McEwen asked if they were on the agenda for the selectmens next meeting. Mr. Sargent said that he believes it was open ended, and that if they want to send a road agent out first, he thinks it is a splendid idea. Mr. Condon suggested having the road agent go out, write a report, and then send it to the planning board so they can make a recommendation at their next meeting. Chair McEwen said it would make things go faster if the road agent sent the report directly to the selectboard, and that the planning board’s recommendation would be subject to the road agent’s report. Mr. Robertson said that would make it move much faster, the next selectmen’s meeting is December 17th, 2018.
Chair McEwen asked Ms. Brudnick-Destromp if they were already on the agenda for the selectboard. Ms. Brudnick-Destromp said she was under the impression they were, because of the letter Terri Hardwick had sent Diane Chauncey requesting to be on, but that she would verify on Monday. Mr. Sargent said he had an email he will look at to verify.
Mr. MacDonald said he agreed with making a recommendation based off the approval of the road agent.
Chair asked Mr. Robertson if the selectmen can make an immediate decision, Mr. Robertson said they can. Ms. Allen asked the selectmen if they had to have a second public hearing? Mr. Edwards said that there was thought in the past that it had to go to a town meeting. Mr. Edwards said that the selectboard have not yet met to discuss this, and that he knows Mr. Robertson has heard about this but he does not know where Mr. Genest stands on the matter. Chair McEwen asked if anyone knew the policy on this. Mr. Robertson asked Ms. Brudnick-Destromp if she knew when it was adopted that the selectboard could make an immediate decision on their own. Ms. Brudnick-Destromp said that she believes it was either 2005 or 2006 where the power was given to the selectboard to make these decisions without having to go to a town vote. Mr. Robertson said that it
was 2006 that the authority was given to the selectboard without having to go to public meeting.
Mr. Sargent asked Chair McEwen if she would like to hear the response he had in his email, she said yes. Mr. Sargent referenced an email he received in response to Terri Hardwicks email to be put on the agenda for the selectboard, he said that it read, “once we have received and reviewed their opinion (the planning board), we will schedule a date to have you heard in front of the selectboard.”
Mr. Holmes asked what the role of the planning board was in this, and what the board is reviewing and recommending. Ms. Ogilvie said it allows for the planning board to provide a recommendation where the selectboard has the power to accept without a town vote. Where it started as a planning board matter, and it’s been 7 years, it’s the best to review it and give a recommendation.
Mr. Sargent said in a case like this, it’s the Planning Boards position to make sure all the criteria has been met, to keep all the records of completion, and then they in turn tell the selectmen what their opinion is at that point, and the selectmen then make the final decision. Mr. Sargent then once again said that it has always been intended for the roads to be taken over by the town, as recorded on the plat with the registry of deeds.
Chair McEwen read the plat for everyone to hear, “The proposed roads Mulhall farm road and Commercial Drive are built to class V road standards, it is intended for these roads to be dedicated to the town.” Chair McEwen said that in this particular case, it was proposed and the intent is there, but it does not have to be with the language that was used.
Mr. Edwards said he was speaking tonight as a resident, and not as a selectmen. Mr. Edwards said it was always the intent to build it to class V specks, and it was always intended for the road to be taken over by the town. The difference is that 81% of the lots have not been built on, and that a lot can happen as they finish the project. Mr. Edwards said he does not have any questions of how the road was built, and from what he can see, there are some issues there, and it is not in excellent condition and it needs to be looked at by the road agent. Mr. Edwards went on to say that individually there is a concern that if we take it over now, what is the condition of the road at the end of construction? Mr. Edwards asked if it is appropriate to have some type of bond requirement so that at the end of the project the town does not inherit
something that requires a lot of work?
Mr. Sargent said he agreed with Mr. Edwards 100%. Mr. Sargent explained that in the case were there is a 22 lot subdivision, there can be 22 different developers, and someone can mess the road up. He said other towns require a bond to prevent this from occurring.
Mr. Edwards said that the wearing coat was put on in 2009, and that the selectboard may want to do something other than a road agent, but he cannot speak on that. Chair McEwen stated that Mr. Edwards will also have his own opinion on the matter as well.
Mary Allen asked to know why it was denied at the public hearing 10 years ago. Mr. Sargent said he read that there was not a public need. Ms. Allen asked if anything had to do with the road itself, the radius or the road cuts and things of that nature. Mr. Edwards he said that he had called and left a message for the engineer, and was waiting for a call back, but that he reviewed the previous town planner’s statements, and it was all completed at the time. Chair McEwen asked about the bond that was released back then. Mr. Edwards said it was released after the wearing coat was done in 2009, the bond was released in 2010.
Mary Allen said there should be another bond for the reasons that were stated, and she thinks the town should have that.
Mr. Sargent said it is tough to do a blanket across the thing because there are two different owners. Bonds were released, and it changed hands so many times, at least twice, with the different lots. Mr. Sargent said that maybe the town needs to do something to blanket the entire town so that when someone goes in for a building permit, there needs to be a $2500 street opening bond or something like that. Mr. Sargent added that a lot of towns do this, for example the town he lives in, Londonderry. Mr. Sargent says if he sells 3 lots as is, and someone else buys them, he can’t be responsible for the bond after they own it.
Mary asked if there is a home owners association. Chair McEwen said there is nothing in the covenants about a home owners association or a road agreement, and if it is a private road or not. Mr. Sargent said he does not think it is a private road. Mr. Edwards said yes it is. Mr. Sargent said he does not think it really is, and that once a subdivision is approved, you either need to maintain the road via home owners association, make some sort of deal with the town, or 3, take care of it yourself. Mr. Sargent said that when he purchased the portion he did, he knew he would have to plow it in the beginning, but knew the town would at some point take it over. He spoke to Ms. Hardwick, and she is not doing anything to maintain the road. Chair McEwen just wanted to verify that Terri Hardwick has not done anything with her 11 lots. Mr.
Sargent said correct, she has all her land in current use with no development.
Chair McEwen said that it is complicated situation, and if it was being done now, it would be done differently. She added that the language used on the plat creates confusion. It was originally Mighty Oaks and included all the lots, and they were the actual developer. Chair McEwen said the original deeds should have included language about private road agreements, and what everyones portion of responsibility would be. She said that there is generally a homeowners association, but things get muddied over time. Chair McEwen pointed out that the Hancock subdivision is a private road still.
Ms. Ogilvie said that in her opinion, that was one of the weaknesses of the plan, the language should not have been in there. She said that it is the planning boards job to make sure roads are constructed correctly in design to the plan, and that homes meet the requirements for frontages, and setbacks. Ms. Ogilvie said it never guarantees, the planning board had no authority to approve a road, and there is no guarantee from their recommendation that it will be approved. Chair McEwen said that one of the issues is there are so many lots that have yet to be built on, and that there needs to be a certain percentage constructed prior to approval as a town road.
Motion: Bob Holmes said he would like to make a motion to accept what Ms. Ogilvie said as a permanent position.
Ms. Ogilvie repeated what she said, that the planning boards position is approving the layout of the road for the purpose of providing the frontage to create the lots and approving the condition that it was built to the class V standards, but certainly not guarantying that the town can take it over. Mr. Robertson added that it is because the Planning Board does not have the power to approve a town road.
Chair McEwen wanted to point out that the 1st step in moving forward is to have the road agent go out and create a report on the condition of the road.
Mr. Holmes said he would like to finish with the motion that was started with what Carol said. Chair McEwen asked for the motion to be repeated. It was repeated by Ms. Ogilvie.
There was further discussion between Mr. Edwards and Chair McEwen on how it is up to the Selectboard to make a final approval.
Ms. Allen asked what is expected of the planning board, is it just a recommendation? Chair McEwen and Ms. Ogilvie had a conversation on how the planning board never had a recommendation for this in the past, and how this is typically the process that is followed for that type of road. Ms. Ogilvie said this is an odd case, but there is no harm done in the planning board giving a recommendation.
Mr. Holmes asked Ms. Ogilvie if the role of the planning board in this case was to approve the layout of the road based on the road having been built to the town class V road standards, and not to guarantee that the town could be taking over the road. Ms. Ogilive responded that it is just verification.
Mr. Holmes made the motion again, Ms. Allen seconded it.
There was no further discussion
Vote: Chair McEwen called a vote. Chair McEwen pointed out that Mr. Robertson is an abutter to the project and a Selectmen, so he recused himself. Mr. Macdonald pointed out he was not appointed to sit in for Mr. Bryk, so he could not vote. Chair McEwen apologized, and appointed Mr. MacDonald. By a voice vote, the motion was approved.
Mr. Sargent asked if Mr. Edwards was an abutter to the property as well. Mr. Edwards said he was. Mr. Sargent then asked if Mr. Edwards and Mr. Robertson would then both have to recuse themselves as abutters from the selectmen’s meeting. Mr. Edwards said they might.
Mr. Sargent asked about moving forward, and the steps. Mr. Edwards said his personal opinion is that Terri Hardwick and Mr. Sargent meet with the Selectboard and they schedule for the Road Agent to go out in the Spring, and not the middle of winter to do an inspection.
Chair McEwen said that she believes everyone on the board agrees that this is no longer a topic of conversation with the planning board, and is now to move on to the Selectboard.
Ms. Brudnick-Destromp asked to ask a question as a resident. Chair McEwen said that was fine. Ms. Brudnick-Destromp asked if there is a guideline that a developer is under where they have to develop the land they said they would develop, and under a certain time frame. Ms. Brudnick-Desdtromp added that Terri Hardwick has 11 lots that are undeveloped, and because they are undeveloped, there are not enough houses built to have the town adopt it. Chair McEwen said it should have been put in the deeds originally how it would be handled, and it’s not in there, and there should have been specific things in the deed regarding the road maintenance. Chair McEwen added that overall, the original developers did not put what needed or should have been in there, and that she has not seen anything like this before. Mr. MacDonald asked when this was
done, Chair McEwen stated it was in 2005, a long time ago.
Mr. Sargent added that he has been involved in other things before, and typically, there is some criteria in the plan that it will be built within a certain amount of time, so that there is some basis.
Chair McEwen said in the future, the planning board needs to create rules and guidelines to prevent things like this from happening, and to create a mold. She added that the most recent subdivision was Knapton circle and Elm Ave. There was a small discussion amongst board members regarding this, and other subdivisions.
Mr. Macdonald brought up this was 12 years ago, and that a lot has changed now, and that it might not pass today.
Mr. Condon said that he knows Mr. Holmes made a motion in regards to the plat, but wanted to know if the planning board had met their requirements to make a recommendation to the Selectboard. Chair McEwen said that the planning board had decided that they did not really have to. The only recommendation is the road agent needs to get out there, and the Selectboard needs to figure out what they want to do.
Chair McEwen said that the board is finished with this topic, and asked Mr. Sargent if he was satisfied, and if he had any questions for the board.
Mr. Sargent said he thinks the board hit on all the topics. Mr. Edwards said they would be in touch with him from the Selectboard. Chair McEwen thanked Mr. Sargent for coming in.
II. Minutes:
- Review: Chair McEwen asked the board to review the minutes from 11/15/18.
Discussion: Mr. Holmes stated he would like it added to the minutes after line 32 that he made a motion to send a letter to the department heads thanking them for meeting with the CIP committee. Mr. Holmes said that there was a discussion, and that Mr. Bryk had said he would draft the letter. Chair McEwen asked if Mr. Bryk had done that, Ms. Brudnick-Destromp said she had not received a draft yet from him. Chair McEwen asked Ms. Brudnick-Destromp if she had done it, as she believed she was going to write something as well. Ms. Brudnick-Destromp said no, she was under the impression that Mr. Bryk was taking care of it, but she will draft something and send it to Chair McEwen and Mr. Bryk for review.
Motion: Mr. Condon made a motion to approve the minutes as amended by the planning assistant, Mr. Holmes second the motion. By a voice vote, the minutes for November 15th, 2018 were approved as amended.
III. Review of Master Plan Bullet points from 11/1/18 Meeting:
Chair McEwen asked if anyone wanted to make changes to the bullet points done from last week. Several members responded with, “No.”
Chair McEwen wanted to make one point, she wanted to take out the bullet that says “encourage and promote business development,” and change the line that says “Encourage new business growth and job opportunities,” to “Encourage and promote business development, growth, and job opportunities.”
Chair McEwen asked if it is correct language to say town “infrastructures,” or town “infrastructure.” Mr. Edwards said it was a collective now. Chair McEwen said then she will remove the “s.”
Chair McEwen asked about adding recreation to another line, Mr. Robertson said to just leave it. Ms. Allen and Mr. Condon pointed out recreation is already mentioned in another line. Chair McEwen said that was fine then, they will leave it as is.
Motion: Mr. Holmes made a motion to approve the bullet points as amended. Ms. Rosansky seconded the motion.
Vote: Chair McEwen called a vote. By a voice vote, all agreed.
Chair McEwen mentioned that the 3rd of January will be review of land use chapters. After that, there will be a mini subcommittee again.
IV. Update on Business Inventory and Town Website:
Chair McEwen said she met with Ruth Benedict, who will come in and talk to Ms. Brudnick-Destromp. Chair McEwen has been talking with her and brainstorming, and initial inventory is the first step. They have been checking out the area, and Ruth will do some research with business inventory in the town.
Ms. Brudnick-Destromp said as people come in for at home business applications, she will ask them to send in their business information to her to be added to the inventory on the towns’ website.
There was a budget discussion for business development. Mr. Edwards and Chair McEwen had a conversation about who should pay for it, in terms of re doing the town website. Chair McEwen said that if the town wants to create more opportunities for business development and encourage it, first step is getting the website up to date. When people come in, there will be a current website to look at.
Chair McEwen said that someone like Mr. Condon should meet with the Selectmen and Donna to go over the website. Chair McEwen explained to Mr. Edwards that the Planning Board already did some research, and agreed the company the town is currently using for the website is perfect, just need to update platform and website. Mr. Condon referenced the estimate that Ms. Bixby had gathered over the summer, around $5000, to update the website, but not sure if that includes what is really needed as it seems kind of low.
Chair McEwen asked if there needs to be a motion to a commitment to a meeting to get this taken care of. Mr. Robertson said that it is in the hands of the Selectmen now.
Ms. Brudnick-Destromp suggested to have a presentation done first, get a real cost to consider, and then consider maybe splitting the cost evenly amongst all departments, where all departments are on and use the town’s website, and it would make the total cost less of an impact.
It was discussed and recommended that Ms. Brudnick-Destromp reach out to the company, Virtual Towns and Schools to schedule and come in with a presentation and get a true estimate for what needs to be done.
V. Planning Assistant Report:
Ms. Brudnick-Destromp mentioned that the lot line adjustment that was supposed to be on the agenda tonight was removed because the applicants did not own the property.
Ms. Brudnick-Destromp said that the next meeting is for the Cell Tower. Ms. Brudnick-Destromp mentioned that the Villager newspaper is no longer, that she had posted the notices in the Villager and they were never printed. She then called the Messenger, and they are posting them in Friday’s paper 12/7/18. Mr. Fran Parisi also has posted notices in several other papers regarding the balloon testing. She added as of Monday, every town with 20 miles is being mailed a notice of the public hearing and the visual presentation. Ms. Ogilvie won’t be here, but will be available by cell for that evening, and is working on a very detailed staff report.
There was a long discussion about notices, the newspapers, and if all deadlines were met. Ms. Ogilvie said yes, all deadlines are met. Ms. Brudnick-Destromp confirmed as well.
Ms. Brudnick-Destromp said she has copies of the application and maps provided by Mr. Parisi. She also has it scanned digitally as well if anyone would prefer it emailed to them. Several members requested their packets that evening. There are 6 physical packets, as Ms. Ogilvie was 1, and 1 packet needs to remain in the file as the original and permanent one.
Ms. Allen asked who owns the property, Ms. Brudnick-Destromp responded it is Mr and Ms. Learn, and that the application is a conditional use permit as well as a major site plan review. The company is leasing the property from the Learn’s.
Mr. Holmes asked about the cell tower on Pierce Lake, and if construction has begun or not. Mr. Edwards confirmed construction has begun on it.
Ms. Brudnick-Destromp asked about what she is and is not supposed to give to the planning board regarding articles against 5G or pro 5G cell towers. Chair McEwen said to send it in so they can review it ahead of time, and it’s not considered persuasion.
VI. Correspondence:
- Ms. Brudnick-Destromp provided the board with a copy of an email she received from Peter & Bonnie Vaillancourt of 65 Mulhall Farm Rd., and Wanda & Brendon McKeage of 40 Commercial Drive. Both letters were written in favor of the town adopting the roads from private to public. The emails will be attached to the minutes from this meeting for full review. The board members stated they read the letters prior to opening the meeting, and they will go to the Selectmen.
VI. Other Business:
- Mr. Holmes asked during the next public hearing that everyone can speak one at a time through the board to ask questions before opening the general board. Chair McEwen said she agreed, the order should be presentation 1st, take notes on the presentation, after that everyone goes one by one to ask questions.
- FEMA meeting on 12/12/18. The selectboard and Ms. Brudnick-Destromp will be attending. There was discussion about flood insurance, and how you can sometimes obtain discounts for your town.
- Ms. Brudnick-Destromp said she has been working with Mr. Edwards to complete the questionere, and that she will be turning it in on behalf of the town on Wednesday. She has also been communicating with Compass, the company who is helping put the redoing of the flood plan maps together.
Meeting Adjourned: ~ Mr. MacDonald made a motion to adjourn at 8:28pm, Mr. Holmes second that motion.
By a voice vote, all were in favor.
Respectfully Submitted,
Ashley Brudnick-Destromp
Assistant to Land Use Boards
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