PLANNING BOARD MEETING
TUESDAY, MAY 6, 2003
41 South Main Street
Members Present: Jim Horgan, Hiram Watson, Charlie King, Norman Russell, Troy Robidas, Ann Alexander,
Bill Tsiros (Gerry White and Don MacVane asked to be excused)
Selectmen's Rep: Barry Ellott and Alternate Matthew Scruton
Staff Present: Fran Osborne
Public Present: Mike Garrepy (Planner), Stuart & Jean Pease, Margaret Russell, Paul Parker, Randy Orvis
(Orvis & Drew Surveying/Engineering), Dave DeJager, Tom Demers, Randy Tetreault
(Norway Plains Surveying/Engineering), John Clausen, Julie & Aaron Lord, Sue Pretty,
Ray Hamel, Deme' Erickson, Ralph Russell, Ben Locke, Brian Bogle, Attorney Jim
Shannon, Attorney Malcolm McNeill, Don Rhodes (Norway Plains), Robert Musick, Phil
Serowik (WCV,Inc.) and others not listed.
· Chairman Horgan called the meeting to order at 7:05 p. m. Minutes of April 22, 2003 were reviewed. Ann Alexander made motion to accept minutes as presented, Hiram Watson 2nd. No discussion, Norm Russell opposed, motion carried.
· Chairman Horgan welcomed back by re-appointment Troy Robidas and Ann Alexander and Charlie King from alternates to regular members. Chairman stated a Secretary from the board was not appointed and Troy Robidas volunteered for this position. Hiram made motion to appoint Troy Robidas to be Secretary, Charlie King 2nd, motion carried.
· Chairman asked for other business. Norm Russell gave his resignation effective immediately. He will not sit for this meeting. His resignation was accepted and will go to the Selectmen.
· CIP Subcommittee - Hiram said Troy Robidas would like to be on the CIP committee. He will have a list in June or July when he finds who will serve on this committee. Hiram will talk to Brian Blake about this committee. Barry Elliott said the Planning Board should talk with Mike Garrepy on this to get some idea of what the Planning Board is focusing on.
· Ann Alexander - discussion on having a barbecue for board members and town employees to familiarize everyone of each other's functions.
· Chairman - Brad Anderson asked to be put on the May 20, 2003 agenda for an update on the ZAMPS Subcommittee with Mike Garrepy. Barry Elliott thought this a good idea. Discussion on the time frame for amendments to ordinances in time for town meeting. Mike Garrepy suggested starting this public hearing process in July or August.
· Chairman - Paul Parker ZBA Chairman said he was appointed as an alternate to the Planning Board. He stated last week he could not hold a ZBA meeting because of a lack of quorum. He asked if any PB members would like to serve as Liaison between the ZBA and PB. Jim Horgan said only 1 PB member can serve on 2 boards and asked if there were any volunteers. Ann Alexander would eventually be interested in serving but would need someone to serve in the interim. ZBA meets 1st Thursday. The ZAMPS meets 2nd & 4th Tuesdays. Charlie volunteered in the interim for Liaison between PB/ZBA until Ann
Alexander can be fully committed to take on this position. Paul Parker would rather serve on the ZBA where needed. Discussion on filling Norm's resignation. Fran will see the Selectmen receive Norm's notice of resignation tomorrow. Discussion on lack of ZBA members. Hiram made motion to recess 5 minutes at 7:28 p. m., Ann 2nd, motion carried. Meeting reconvened at 7:38 p. m.
Planning Board Meeting May 6, 2003 (continued) Page 2
· Chairman - there are 3 items on the agenda tonight that may be ZBA meeting items (David Delpozzo, WCV, Inc., and Tom Demers).
(1) Application for Lot Line Revision by David A. Delpozzo, Knotty Knoll Circle (Tax Map R44, Lot 29 & 30), to change lot 29 to 1.59 acres & lot 30 to 1.54 acres. Mike Garrepy, Planner said the ZBA had scheduled a hearing on May 1, 2003 but cancelled because they didn't have a quorum of members. This hearing requires ZBA action before PB action. Lots are less than required size. This is allowed in the Zoning Ordinance by Special Exception. Hiram made motion to continue this hearing to June 17, 2003, Ann Alexander 2nd, motion carried. Abutter Brian Bogle expressed that the
ZBA meeting should be held 1st before the PB meeting. Chairman asked Randy Orvis to meet with Delpozzo. Larry Johnson stated he was an abutter not notified. As a courtesy Jim Horgan asked Fran to notify him of this meeting.
(2) Application for Subdivision Review by WCV, Inc. for 3-lot subdivision Rte.11/Ridge Rd. (Tax Map R50, Lot 47), in the IB District. Mike Garrepy, Planner - WCV, Inc. has also applied to the ZBA and the PB shouldn't act until the ZBA takes action. Items on Mike Garrepy's list should be addressed also (list provided to Randy Orvis). Barry Elliott made motion to continue this hearing to June 17, 2003, Ann Alexander 2nd, motion carried.
(3) Application for Site Review by Tom Demers, 516 Rte.11 (Tax Map R31, Lot 25), change of use for residential mobile home to drive-thru coffee & donut shop, retail/office space. Chairman - Tom has been to the ZBA previously and is here for change of use and setbacks. Mike Garrepy - he is requesting a variance for Commercial use on the existing footprint of the mobile home. Discussion on setback issue. This also is pending ZBA action. Tom Demers presented a plan for the board and Mike Garrepy to review. Barry Elliott made a motion to continue this hearing to June 17, 2003, Ann Alexander 2nd, motion carried. Chairman advised Tom Demers to get with CEO Paul Charron.
· Application for Subdivision Review by Jean Pease, Box 240 Charles St. (Tax Map R48, Lot 20-2), for 2-lot subdivision. Randy Tetreault of Norway Plains is representing Jean Pease. Jim asked members of the public interested to look at the plan. Board members reviewed the plan. Randy explained he previously came before the PB to discuss this possible subdivision with regard to the 50' front setback. We have decided to go the required 150' frontage. The property is on Charles St. or Rte.153 before Waldron Cross Rd. There are 6 1/2 acres irregularly shaped with an existing home. We are proposing to subdivide
into 2 lots - lot 1 will be 1 1/2 acres with the house and lot 2 - over 5 acres in the SR1 zone. The existing home was approved by the state and PB in 1989 but was not acted on by the Pease's as the proposed plan fell through. Discussion. The lots meet the Zoning Ordinance requirements and 40,000 s.f. of contiguous uplands area. There will be a well and septic system. The driveway entrance has been updated by State DOT. No abutters present.
Hiram - have you seen Mike Garrepy's comments?
Mike Garrepy - the previous plan was based on a different configuration. Discussion. Mike Garrepy - the existing woods road is in a wet area with hydric type B soils. Randy said there is a rocked swale area here to cross. Mike asked about a letter from DES and the Fire Dept. should have input as to whether it is safe, it's a long driveway. Discussion. Randy said this is a 5+ acre lot and that he is a certified wetlands scientist. If they want to expand the driveway, they may have to get a wetlands permit.
Charlie King asked about driveway width (8' to 12' with shoulders). It is a poorly drained area which drains thru a rocked swale. If they put a 12' driveway they can pave. Discussion.
Barry Elliott - the issue now is they can sell the lot - if a culvert is needed, they will go to DES for a culvert crossing. At this time you can get thru there. Previously we have not had Fire Dept. input.
Mike Garrepy - building setback & site should be shown, wetlands should be delineated (see Mike Garrepy's comments attached.)
Planning Board Meeting May 6, 2003 (continued) Page 3
Randy Tetreault - the crossing is existing. Setbacks are listed - I didn't draw them because it would make the plan too busy. Utilities - whatever is needed if someone builds and I don't know what that will be & that is why they are not shown. Mike Garrepy feels this should be on the plan according to our regulations.
Bill Tsiros - what is the concern of the 900'? This is a private drive. Discussion on electric utilities.
Charlie asked the narrowest width of the property. Randy - about 35'. Discussion on PSNH requirements.
Troy - there is sufficient land to put a well and septic on the back lot toward the front of the lot. Discussion on a covenant to cover this should Jean decide to stay in the existing house.
Ann Alexander made motion to accept the application for subdivision review by Jean Pease as complete, Hiram 2nd, motion carried.
Discussion on waiver for PSNH lines, per Mike Garrepy's memo Section 4.08 & 4.09 (J) on utilities. (see attached Mike Garrepy memo).
Hiram - questioned the 900' driveway and Special Use Permit.
Mike Garrepy - any change in the plan would require PB approval.
Barry Elliott - the Fire Dept. has issues they can't deal with now. When the CEO approves the building permit he can deal with the access issue. Then it may require a wetlands permit depending on what they decide to do. We are only doing access for one building permit. Should we put on the plan "no further subdivision"? Discussion. Randy said they would have to come back to the PB anyway.
Troy Robidas made motion to waive/eliminate the requirement for PSNH utility Section 4.08 G., Ann Alexander 2nd, motion carried.
Ann Alexander made motion to accept waiver to not have 200' requirement Section 4.08 C. regarding buildings, Hiram 2nd, Troy Robidas opposed, motion carried.
Troy made motion to accept the subdivision with waivers as requested, put wetlands scientist stamp on plan, statement on limited subdivision, 3 pins to be set & plan insets, plat certification signature by surveyor, wetlands crossing modification on wetlands driveway crossing from DES, detail on topographic plan, Bill Tsiros 2nd, motion carried. Discussion on putting "no further subdivision" on plan. Mike Garrepy - this is up to the applicant.
· Application for (2) Lot Line Revisions continuation by David DeJager d/b/a DJ Trust, Garfield St., (Tax Map U6, Lot 62), exchange protected/open space, create water/sewer easements.
Barry Elliott is recused from the board and Matt Scruton seated as alternate Selectman. Dave DeJager is here with plans dated May 1, 2003. Copies of plans were presented to the board and Mike Garrepy. Dave is trying to simplify the plan per discussion with Mike Garrepy and Paul Charron, CEO. Several discussions with abutters and Crown Point Surveying have also taken place. We have redefined the lines. Mike Garrepy has been very helpful. We have put forth a plan as suggested. Action steps are as follows:
(1) better preservation of natural areas/features.
(2) Easements, preservation area
(3) Removed open space term (use preservation area)
(4) Plan change notes - date changes/strike throughs
(5) Reduced impact on Garfield St.
Mike Garrepy - I've met with Dave and CEO Paul Charron. I would recommend to the PB since the 1st plan was not recorded, remove the topography, water & sewer easements, open space, etc.) and bring a new plan to record and do at the same time as the lot line changes, easements for water & sewer, driveways all in one area). Define open space (front & rear). Maintain these areas as they currently exist. Note 6 - no new development shall occur in this area (no new structures) so as to maintain the view shed.
Mike Garrepy - suggested the new mylar be cleaned up and present a new one with the (attached 6 items to be completed.) Discussion. Abutter Suzanne Pretty - questioned the change of the lot line behind the barn to include more area. Dave DeJager - I want to increase a little area as a park sitting area. Ky Goslin liked better accessibility to the barn. It doesn't affect the Gardner space as to the buildable area. Suzanne asked if it affected future use of the barn. Dave said he currently has plans to purchase the barn. I don't know what I will use the barn for at present.
Planning Board Meeting May 6, 2003 (continued) Page 4
Discussion on water & sewer on Garfield St. and future use.
Bill Tsiros - does the revised plan increase the number of units? Dave has reduced number of units to 9.
Bill Tsiros - house locations? Discussion. This was on the 1st plan. I think this should be on the new plan. Bill Tsiros - questioned easements. Who's going to maintain the easement? Who's going to be paying taxes?
Dave DeJager - no public access will be granted. Easements are for water and sewer. The preservation area will be in deeds. Deeds were discussed with legal review to be done.
Dave DeJager will be responsible for water & sewer easements with Dale Sprague's input. The town would be granted access. The individual lot owners would be responsible for repairs.
Bill Tsiros - usually the town maintains it per the easement. Dale and Clark were in favor of the way Dave DeJager has redone the plan.
Charlie King - questioned if a break occurred before the easement starts, then who pays.
Dave DeJager - I'll work this out in the easement language.
Ann Alexander made a motion to accept the Application for (2) Lot Line Revisions as complete, Hiram 2nd, motion carried.
Ann Alexander motioned conditional approval of the (2)l lot line revisions pending deed restrictions, items 1-6 attached from Mike Garrepy's review), legal review on deed language/preservation areas, Hiram 2nd, no discussion, motion carried. Discussion on water & sewer easements.
Hiram made motion to recess at 9:15 p. m., meeting reconvened at 9:25 p. m.
· Cluster Development Review Application continuation by RSA Development, LLC for Dick Dame Lane (Tax Map R34, Lot 1-8 & U9, Lots 18 & 19). Ann Alexander is recused from the board. Attorney Malcolm McNeill, Attorney Jim Shannon and Don Rhodes (Norway Plains) are representing RSA Development/Packy Campbell. Attorney McNeill would like to bring this project to closure or final stages. Mike Garrepy provided a letter in April with list of items to be completed.
SEA has presented a partial review and will probably be done by the end of the week.
Public access would not be required.
Rights to waterways will not be affected.
Site walk - Mike Garrepy and myself met at the site and reviewed the proposed development & the graded play area discussed.
In March we received a 60-day extension. We have targeted this date as final - or we have to extend to May 20, 2003 for completion of the engineering review.
The emergency access issue with Farmington Ridge is resolved.
State DES permit was approved April 30, 2003 for crossing Kicking Horse Brook.
Wetlands Permit has not been received - Site Specific from DES.
We have been here with the applicant 19 months (Mike Garrepy & myself have not been here the whole time).
Condo documents have been approved.
The lawsuit by the ZBA is not over and has no bearing on the PB approval being granted.
Bonding - could be conditional approval as this is controlled by the Selectmen.
Engineering review - if done we would have reacted. If no substantial changes, conditional approval upon compliance with plan could be given. If engineering is done by Friday, May 9th, we could have issues by the May 20, 2003 PB meeting.
Ben Locke - abutter - proposals have been made but not final. Attorney McNeill - we have made a landscape proposal to him.
Attorney McNeill feels it is time to get this over with. I don't expect the plan to change. The Selectmen need to deal with the bonding. I don't wish to be continued to the June meeting. Discussion on finalization process. I have an anxious client, but I also understand.
Planning Board Meeting May 6, 2003 (continued) Page 5
Mike Garrepy - I would be comfortable with the May 20, 2003 date to continue. There are still things on my list to be completed. There is a 2-page list of requirements. We need to wait and see what SEA's comments are. Don Rhodes is here. We will review the Water & Wastewater review by SEA Consulting.
Attorney McNeill - we can probably have our stuff done by next week. I hope to have a final list to go over with Mike Garrepy, Sharon Somers (legal counsel) and CEO Paul Charron.
Ben Locke - we've been in our house 6 months. We are looking in the area as to what we can do about landscaping buffer. My hope is the developer may be open to other alternatives.
Attorney McNeill - we would like to extend our 60 day extension to May 20, 2003.
Bill Tsiros - why does the engineering firm (SEA Consulting) because of their terminology have to put the PB on hold? Can we get the Selectmen to approve the bond?
Mike Garrepy - review by SEA Consulting has not been reviewed by me. The reasons for holding off on the engineering review are because of changes that are significant to the plat. The town wanted water & sewer engineering.
Jim Horgan - we requested engineering review.
Mike Garrepy - ultimately the town is going to own the water & sewer easements, so we want it right. On the 20th of May the PB can give conditional approval. We can do a compliance review later.
Barry Elliott - I see a tremendous amount of work to be completed. Discussion. Have Dale & Clark review final plans. Fran said Dale has asked to review the final plans. I'm concerned about road acceptance by the town. How are utilities going to be maintained? Barry questioned the pump station and who will be responsible. Is there going to be an on-site engineer to see that the road is built to specifications.
Jim Horgan - this will be done and the applicant will pay for this. I would like to see what will be included.
Mike Garrepy - there will be a separate agreement with SEA Consulting on the site inspections.
Charlie King - questioned breaking issues into 3 categories (PB, legal & engineering).
We should also approve final plans stating plans are in compliance or what the unresolved issues are.
Make sure all issues are addressed. I don't feel we're in a position to grant conditional approval.
Hiram - I'd like to see the engineering completed.
Attorney McNeill - I hope they are done Friday. We paid $6,000 for this engineering review. If you engineer approves the plan with the lawyer then I certainly will take no quarrel with that.
Charlie King - we need to base our final decision on the engineering results.
Chairman - (1) need DES approvals.
(2) Litigation (may be conditional on this).
(3) Bonding - required up front per the Selectmen and amount to be decided by them.
(4) Engineering results - the applicant has agreed to May 20th continuation - they will have to
comply to the extent they can from SEA's review or ask for an extension. Discussion.
Chairman - we hope to do conditional approval on May 20, 2003.
Ben Locke - I would like to know how the board would resolve this with the ZBA court case pending.
Hiram made a motion to extend this hearing to May 20, 2003, Troy 2nd, motion carried. Barry Elliott
feels this date is way too premature. I would be in favor of bringing them in during normal business hours.
· Application for Subdivision Review by Governors Road Realty, LLC (Tax Map R1, Lot 1-1), for 16-lot subdivision on the easterly side of Governors Road. Ann Alexander is back seated on the board. Troy Robidas is recused from the board. Richard Marsh is the applicant with a proposal to create 15 new lots with 150' foad frontage plus the 1 lot remaining with the house. No roads need to be built. Each home will have its own well and septic. I am proposing protective covenants on the lots. State Subdivision approval is pending. Abutters Aaron & Julie Lord looked at the plan. Richard Marsh purchased
the land from Kimberly Kenyon (Map R1, Lot 1-1). Discussion.
Mike Garrepy - I was asked to comment on this lot originally when it was recorded as the Gamble subdivision which was approved by the PB but never recorded at the registry of deeds. Fran stated Richard Marsh wrote a letter voiding the Gamble subdivision and the signature of the PB was also struck through with black permanent marker to void the plan.
Planning Board Meeting May 6, 2003 (continued) Page 6
Mike Garrepy's comments (see attached). Waivers may be done by the PB.
Troy asked what was going to be done with the back land.
Richard Marsh - there is no plan yet for this land - the wetlands will be flagged this week and I will make a determination as to what I can do after that. The further away from the ridge, will probably be into more wetland area. These lots go about 350' back from the stone wall. Part of the land is in Milton.
Ann Alexander - where is the well and septic for the existing home? Location was shown on the plan.
Mike Garrepy said he checked all the figures on the plan and they are O.K.
Ann Alexander - asked about development of back lots and if frontage requirement still applied. Mike Garrepy said there is a 150' strip remaining for access to the rear property.
Richard Marsh - there is a stone wall and a few large trees on either side of the stone wall. Wetlands will be delineated.
Jim Horgan - Lot 16 is the remaining lot - does this create a problem?
Richard Marsh - I would like to consider waiving topography for the remaining acreage. Mike Garrepy does not have a problem with that.
Barry Elliott - across the street the PB approved a plan for George Szirbik. What about the road and traffic concern? What sort of impact will this have on our community?
Mike Garrepy - if more traffic is created because of this subdivision, you can require an impact fee based per lot if it is on impact from this development alone.
Richard Marsh - culverts will be at applicants expense.
Barry Elliott - both Szirbik and Marsh have huge pieces of land. At what point does the town say "what is the impact on the town?" When do we start looking at this?
Mike Garrepy - a detailed study of the road could be done as part of the CIP - fees could then be assessed per lot as created. If there is an impact fee ordinance on the books, you can assess a fee, but currently that is not in place.
Barry Elliott - at some point maybe Szirbik & Marsh could get together and develop a plan on the road.
Mike Garrepy - the impact fee approach is what I would suggest. Is there a water supply in case of a fire? A lot of towns are requiring cisterns. I think we should require a traffic analysis?
Ann Alexander - 15 house lots are now proposed. What's in the future? Now we're going to have 15 driveways. This is where "cluster development" could be of benefit. There is a lot of potential here for cluster developmelnt.
Bill Tsiros - questioned the fire department being able to respond.
Mike Garrepy - I think maybe the PB with Fire Dept. can work out something. What about police?
Jim Horgan - Mike Garrepy's requirements are directly related to the Zoning Ordinance.
Richard Marsh - questioned that this might be a premature subdivision and if a development with only limited access is serviceable. My point is, there are already a lot of houses there already. If they can put a fire out of necessity already, then they can provide this area.
Mike Garrepy - maybe a cistern or fire pond can be utilized.
Barry Elliott - there are other inspections - oil burner, plowing, accidents, domestic disputes, etc. to be considered.
Charle King - because of the number of lots, this is a major subdivision. He questioned documentation of wetlands, and the back lot being subdivided into how many future lots? This is also not completely surveyed. Richard Marsh said it has been surveyed.
Mike Garrepy - unless we want to see what's going to happen in the future, he could provide a drawing or conceptual plan.
Charlie King - we know there's going to be future development.
Jim Horgan - add statement "no further future subdivision" without coming back before the PB.
Richard Marsh - I don't have engineering so I don't know yet.
Mike Garrepy - this could be a good chance for cluster, but we don't have a cluster development ordinance in place.
Richard Marsh - the intention is to stagger these houses on the frontage setbacks.
Planning Board Meeting May 6, 2003 (continued) Page 7
Ann - what about clustering driveways?
Charlie - this is really a re-submittal of a plan that was previously approved.
Chairman - items for consideration:
(1) Waiver - suitability of land for proposed subdivision.
(2) Items Section 4.08 C, F, J & L and 4.09J (these can be considered for waivers.)
Ann Alexander questioned open space.
Hiram said a CIP will be in place for the future for impact fees on developments.
Barry Elliott - we should have traffic impact - I feel it's appropriate.
Richard Marsh - there's a report in the file done in 1995.
Mike Garrepy - it can be updated. Discussion.
Richard Marsh - 5 years ago this project was approved and I withdrew it. At that time it was 18 lots. I am proposing less lots (15).
Charlie King - are we saying Norway Plains will update and then also have outside engineering?
Mike Garrepy - most of it should be straight-forward.
Barry Elliott - questioned curb cuts - what will drainage effect be? What will be design of curbs and culverts? Drainage is a significant issue.
Charlie King - based on Clark Hackett, it will be 15" round culvert, 30' in length.
Richard Marsh - driveways have not been sited out yet.
Mike Garrepy - driveway discussion on locations with R. Marsh. You can use the same analogy as with test pits. Wetlandsd need to be delineated. Condition the building permit on satisfactory issuance of a driveway permit.
Barry Elliott - do drainage calculations on culverts needed for drainage.
Bill Tsiros - what can the board do?
Hiram made a motion to accept the application for subdivision from Governors Road Realty, LLC as complete, Ann 2nd, motion carried.
Bill Tsiros made a motion to submit waivers for Section 4.08 C, F, J & L and Section 4.09 J, Hiram 2nd , motion carried. Ann Alexander is not comfortable with this. Wetlands are separate under Zoning Ordinance Section 4.03. Note if no wetlands on front lots. No discussion. Waivers will be accepted in writing.
Barry Elliott - where will house be on the lot? Drainage calculations will address where driveways will go. Clark will follow up on this. Show on the plan. We think there is a possibility of common vs. private driveways.
Don Rhodes - drainage calculations will be road runoff on the down hill side of each lot. There will be very little drainage to the street. Discussion. Variables will be taken into account.
Richard Marsh - my intent is separate driveways at this point. Discussion on driveway entrances vs. common driveways.
Mike Garrepy - have the CEO Paul Charron and Clark Hackett evaluate questionable driveways for lots as to what's reasonable.
Barry Elliott made a motion to continue and have the applicant provide a traffic study as well as items on Mike Garrepy's memo (attached), engineered drainage calculations on driveways. Norway Plains to provide traffic study and drainage analysis. Continue to June 3, 2003, note on plan regarding wetlands for front and remaining land, Bill 2nd, motion carried. No discussion. Ann Alexander is opposed.
Don Rhodes asked if a wetlands delineation was required for the whole project? How does the PB want to interpret this?
Mike Garrepy - this is part of the whole plan. Discussion. We need to be consistent. I think it would be fair to say it's only the developed area that we are concerned about. No future development should take place on the remaining land until wetlands are delineated and brought before the PB.
Don Rhodes - note on plan for front and remaining land on wetlands.
Planning Board Meeting May 6, 2003 (continued) Page 8
· With no further business to discuss, Bill Tsiros made a motion to adjourn at l1:30 p. m., Barry Eliott 2nd, motion carried. Minutes recorded by Fran Osborne.
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