Minutes of the Greenfield Planning Board,
September 25, 2006
Attendees:
Mike Borden
Dario Carrara, Chairman
Marilyn Fletcher
Gil Morris
Kevin O�fConnell
George Rainier
Myron Steere, Alternate
Alternate Myron Steere sat in for absent member John Halper.
Minutes from September 11 were read, and the following correction was made :
Under �gPublic Hearing on Proposed York River, LLC Major Subdivision - Old Bennington Road�h, the last sentence of the first paragraph should read:
The proposed subdivision would create 4 lots.
The remainder of the line that stated "with little wetlands impact" was deleted.
The minutes were approved as amended.
Mail:
Application for Minor Subdivision and Lot Line Relocation from Landmark Planning and Development LLC for lots owned by Hugh O'Brien and Joseph Brundige.
Letter dated September 20, 2006 from McLane, Graf, Raulerson & Middleton on behalf of Landmark Planning & Development LLC regarding Open Space Development Plan of Landmark Planning & Development LLC with respect to property shown as Lots 65 and 66-1 on Tax Map R-9.
Notice of a Public Hearing from the Town of Roxbury concerning an application submitted by Great Auk Wireless, LLC to add wireless broadband to an existing telecommunication tower.
Copy of a letter sent by the Board of Selectman to Nynex/New England Telephone Co. regarding a violation of their Site Plan Agreement for Map V3, Lot 29, specifically that a portable toilet is located on the site.
Marketing letter from RightRoad Company regarding services available for CIP preparation.
A copy of a Quitclaim Deed from Lyris, Inc. for the turnaround easement on Lots R10-7 & Lot R9-61.
Cash Receipt for York River LLC, $427.04
Copy of letter sent by Catherine Shaw that accompanied the Flood Insurance Maps sent back to Watershed Concepts.
Letter from State NH DOT acknowledging receipt of the notice of hearing for the major subdivision submitted by York River LLC. The following statement should be included as part of the hearing:
Applicant will need a N.H.D.O.T. review to locate approved driveway locations if alterations within the State Right of Way are proposed.
Copy of a NHDES Wetlands Bureaus Standard Dredge and Fill Application submitted by Victor Mangini for a proposed wetlands impact affecting Tax Map R9, Lot 27-4.
Selectman's Minutes for the following dates: Aug. 31, 2006, and Sept. 7, 2006
Notice of Decision from the Greenfield Zoning Board of Adjustment for Case 06-6 regarding the request for Special Exception from Section III.I.E.3, 25-foot wetlands buffer, for 2 private driveway crossings located on Map R1, Lots 1-2 and 1-2-3. The request for special exception was approved.
7:30 PM - Discussion of Hall Way
Dario read a letter from Troy Wright dated July 17, 2006 regarding the construction of Hall Way. His letter states that the driveway was not constructed as per the driveway plan, and a truck approaching from the northbound lane of Route 31 cannot make a turn on to Hall Way without backing out onto the highway to complete the turn.
Peter Hopkins stated that the driveway apron was not brought in far enough during the initial construction of the common driveway. He did not notice the deficiency when he granted the Certificate of Occupancy for the first house on the driveway. There are a total of four lots accessed by the common drive.
Richard Benoit of 2 Hall Way stated that he can make the turn in his F250 without difficulty. He also said that the propane delivery truck for his property has no problem making the turn. Chris Gallo of 18 Hall Way agreed with his statement. Chris Gallo stated that he felt the driveway should not be altered from its present layout.
Troy Wright stated that the driveway should be fixed according to the original plan that was approved by the Planning Board on 1/12/04 as part of the Brian and Lisa Hall Subdivision. He said the Renee Fish from the State DOT visited the site and agreed that there was a safety hazard.
Peter stated that the original plans did not have specific measurements. Per Troy Wright, according to the scale on the plan, the driveway is approximately 60' too close to the highway. An extensive discussion followed.
The Board decided to hold a site walk on September 30 at 7:00 am, and continue the discussion at the October 23 meeting. Chairman Carrara stated that the Board needs to research what jurisdiction they have over the matter.
8:30 PM - Preliminary Conceptual Consultation for Landmark Planning & Development for land located on Russell Station Road and Gulf Road.
Alternate Myron Steere sat in for absent member John Halper. Town Counsel John Teague stated that this discussion is non-binding and is not connected to the current legal action that Landmark Planning & Development has with the Town of Greenfield.
Chairman Carrara read the PCC disclaimer before continuing with the presentation. He clarified that this was not a design review phase, and that abutters were not notified. Given the importance of tonight's discussion, one hour was scheduled for this PCC instead of the usual 30 minutes.
Rolf Goodwin from McLane, Graf, Raulerson & Middleton represented Landmark Planning. He stated that this meeting was requested to help avoid litigation and solve some of the problems that Landmark had experienced with their previous subdivision applications. He submitted a written summary of the proceedings to date on this project and the view of Landmark Planning and Development on the issues.
Ronald Bourcier from H.L. Turner Group presented the plans.
The plan presented is an Open Space Cluster Development of 32 units, designed to be priced at $234,000 or below. He stated that Greenfield needs affordable housing like this. He described the scope of the project.
Mr. Goodwin stated that Mr. O'Brien has applied for a subdivision application for his property to allow a road to be built into the Landmark Property. They plan to upgrade Gulf Road to Class 5 status. The secondary access would come from the logging road currently in place on the Brundidge parcel on Russell Station Road.
Project involves 69 acres, 16 of which are wet or steep or otherwise undevelopable.
He reviewed the deficiencies that the Board had stated on the denial of the Landmark Application.
Mr. Bourcier stated that the access road within the development is not a town right-of-way, but a private road. They could place a statement on the site plan that the road could not become a town road.
Mr. Teague stated that road standards are created because of safety issues. Municipalities need to use both public and private roads, if they are not constructed to specs, it becomes unsafe for residents on that road if the town cannot access their homes. Private roads must be constructed to meet town road specs so the Town can supply required services such as emergency vehicles.
Chris Stewart stated his feeling that a 60' right-of-way for the road was not needed as it is a private road being proposed. A special exception is still needed for the access as it encroaches on the 25' wetland buffer. He stated that they have requested a rehearing from the ZBA on this issue.
Discussion continued about the possibility that the O'Brien lot would not be able to be subdivided as it would create a non-conforming lot. Landmark plans to upgrade Gulf Road to Class V to create the necessary frontage, however this would require approval of the Selectmen and a vote at Town Meeting to approve.
The importance of the wetlands on the back of the property was discussed. A wetlands scientist was not present to answer questions.
A question arose about the relationship of the open space to the development, and whether the applicant would be able to show a benefit to the community as stated in the Open Space Ordinance.
Several members of the Board stated that the plan being discussed seemed identical to the plan that had been previously denied. Mr. Goodwin stated that the two differences are that a Minor Subdivision of the O'Brien property has just been submitted to the Board, and also the benefit of discussing the big picture of the project.
Chairman Carrara stated that he didn't think this project would work as submitted.
Mr. Goodwin questioned if the issue of access was resolved, whether the density issue could be resolved with the Board. It was uncertain if this was the case. The ordinance states that a 20% density bonus may be granted, but the proposal is suggesting 200% of what would normally be allowed by the Zoning Ordinance.
George. Rainier stated that the Brundige property was not being deprived access or use of their lot, but that this particular proposal does not fit what the zoning regulations allow on the lot.
The Board decided that a joint meeting with the ZBA, the Board of Selectmen and Town Counsel would be beneficial. George Rainier will bring it up at the next Selectmen's meeting and set a date.
10:00 Preliminary Conceptual Consultation with Doug Rupert for property located on Gulf Road and Russell Station Road, R-9, Lot 66.
Chairman Carrara read the PCC disclaimer.
Mr. Rupert stated that a stream runs across the back half of the property. The property is 10.2 acres, and located in both the Rural/Agricultural and the General Residence zones, within the Industrial overlay. Monadnock Survey is in the process of mapping the wetland areas. Mr. Rupert would like to subdivide the property to create an additional building lot. He is considering obtaining additional frontage in a right-of-way from Joe Ellis, his abutter on Gulf Road. George Rainier pointed out that Mr. Ellis was granted a building permit based on his having 350' of frontage on Gulf Road.
Chairman Carrara advised him of the zoning requirements for both Rural/Agricultural and General Residence zones. If he is planning a residential building, he must adhere to the requirements for the General Residence district as opposed to the Industrial District.
10:30 Discussion of Issues coming before the ZBA
1. Driveway Permit for new dwelling on Gould Hill Road that does not meet the driveway regulation and Peter Hopkins cannot grant a Certificate of Occupancy..
2. Driveway on Schoolhouse Road that does not meet the driveway regulation and Peter Hopkins cannot grant a Certificate of Occupancy..
It was decided that these were issues for the Selectmen, not the ZBA or Planning Board.
Meeting adjourned at 10:55 pm
Marilyn Fletcher
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