Greenfield, NH Planning Board
May 14, 2007
Minutes taken by Myron Steere
Members Present: Chairman Carrara, Borden, Adams, Halper, O’Connell, Morris, Fletcher and Alternate Steere.
Meeting opened at 7:00 PM.
Discussion with Board of Selectmen (Kullgren, Day & Adams) concerning building permits on private roads and class VI roads started at 7:01 PM. Member Borden disqualified himself and the Chairman designated alternate Steere to act in his place for the discussion. The specific concern was the issuance of a building permit on Higgins Lane, a private road. BOS Chairman Kullgren presented a new written policy to the Planning Board and requested comments.
The Chairman opened the discussion with comments for the need to be fair and consistent in handing of all permits across the board for everyone in Town. Steere made similar comments and added concerns regarding setting precedence in issuing permits. Adams comments were that in the past permits were allowed and the Selectmen had done due diligence on the new policy. Morris noted concerns that could potentially impact other decisions. Fletcher noted concerns of neighbors. Others noted that if creating a new lot, zoning would not allow building on the 0.18 acre lot in the Rural Agriculture zone where the minimum lot size is four acres. This is true even if the road was brought up to Town class V specifications.
Mr. Laguerre and his attorney MacMartin made comments concerning the purchase of the land and that a building permit should be issued.
Former Selectman Rainier expressed some concerns and noted some material in State law that should be reviewed. Code Enforcement Officer Hopkins indicated he was in favor of issuing the permit.
Selectmen Kullgren requested a sense of the Board and Chairman Carrara polled the Planning Board. The general feeling of the Board being opposed to issuing building permits for the Higgins Road lot or any other lots on Private roads or Class VI highways unless: roads were upgraded to Town class V specifications and lots met all zoning and subdivision requirements.
Commentary by the Board noted their sympathy for Mr. Laguerre’s situation, but felt it was not in the best interests of the Town to make an exception. Mr. Laguerre had acted in good faith and that the mistakes by the bank and records mix-up had been unfortunate.
George Rainer added that if the BOS road policy was changed to affect only private roads, not class IV roads, that it may make it easier for the BOS to issue a permit for the Higgins Lane property. The Planning Board generally agreed with that statement.
Minor Subdivision Application submission by Mark and Rhonda Cilley on Muzzey Hill Road, started at 7:45 PM. Member Borden assumed his seat on the Board. Chairman Carrara noted the rules of the hearing process. Mr. Mark Cilley and Mr. Ray Cilley were present and Mr. Dennis McKenney spoke for the applicants. The Chairman noted that DPW Head Fox has inspected the road and will sign-off on the extension of Muzzey Hill Road.
Chairman Carrara read consultant Ogilvie’s report on the subdivision and the Board reviewed the check list noting the following items need to be addressed:
1) Frontage length summary for Muzzey Hill Road on plat.
2) Show driveway location for M. Cilley’s house on plat.
3) Need DPW signature block on plat.
4) Check with Catherine in Town office for lot numbers.
5) Place driveway cut on second lot.
Halper moved to accept the application, seconded , all in favor.
Public hearing opened at 8:10 pm and closed at 8:25 pm with few questions from the public.
O’Connell moved to waive the rule which says that a driveway must be at least 15 feet from a boundary, since the driveway existed and did not impact any other lot, seconded, all in favor.
O’Connell moved for a waiver of upland/wetland area summary required on the plat due to the size of the lots and comments from abutters on limited amount of wetlands, which was seconded and approved by the Board.
Halper moved for conditional approval subject to the satisfaction of the check list items noted above, which was seconded and approved by the Board.
The time for review of check list items was scheduled or May 21, 2007 at 7:15 PM. The hearing closed at 8:33.
Public Hearings on FEMA Zoning changes, driveways and processing fees opened at 8:35 PM.
Hearing on FEMA changes opened at 8:35. The Chairman reviewed the items to be reviewed – 1) Floodplain Development Ordinance, 2) Greenfield Zoning Ordinance amendment, 3) Greenfield Subdivision Regulation changes and 4) Greenfield Site Plan Review Regulation changes.
Discussed the Floodplain Development Ordinance changes to be incorporated in Town zoning per attached draft. Noted need to provide the Code Enforcement Officer with copies of the Floodplain Development Ordinance and the associated FEMA Flood Plain maps.
Morris moved to present the Floodplain Develop Ordinance for approval by vote of the Town, which was seconded and approved by the Board.
Discussed the Zoning Ordinance amendment changes and need to replace “New Hampshire” with Town of Greenfield, NH Flood Plain Development Ordinance in Greenfield Zoning Ordinance on page 3, Section III, Districts in the second paragraph.
Halper moved to present this zoning change for approval by vote of the Town, which was seconded and approved by the Board.
Discussed changes for the Subdivision regulations. Noted the need to include in building permit and subdivision requirements the need for a statement concerning location of building not in the “Special Flood Hazard Area” and location of same to be determined by using FEMA maps – in 100 year flood area or not. Board agreed to include Attachment 3 of the FEMA Flood Plain Ordinance document to the regulations and change the reference in the regulations 9H to Town of Greenfield NH Flood Plain Development Ordinance.
Morris moved to include the noted changes into the Subdivision regulations, which was seconded and approved by the Board.
Discussion of the site plan regulations. Noted the need to include changes in Site Plan regulations on page 8, Section 10 that are similar to the changes in the Subdivision regulations.
Morris moved to include the noted changes into the Site Plan regulations, which was seconded and approved by the Board.
Discussion of Planning Board Fees opened at 9:40 PM.
After discussion of current fees and fees Board should charge in the future, the Board agreed that there was a need to increase charges to cover expenses. The new fee structure is shown below:
Subdivision and/or site plan review - $100
Subdivision - $100 for first lot and $50 for each additional lot
Mylar/filing - $35
Notification - $10 for each abutter of other party
Consultant fee - $40 per hour
O’Connell moved to approve the new fee structure, which was seconded and approved by the Board.
Discussion of Driveway regulations opened at 9:45 PM.
After discussion of the regulations, the Board agreed the most important issue was the ability to waive requirements for the common driveway rules – similar to other driveways. This would require changing the common driveway section to reflect similar wording by taking page 11, Section V, L.2.E and adding it to L.2 as “E”.
Halper moved to approve the change described above, which was seconded and approved by the Board.
The Public Hearing closed at 9:57 PM.
Note: The Code Enforcement Officer advised the Board that the Fire Department was considering requesting for any new structure that sprinkler systems be required and additionally for any new subdivision requiring water storage of at least 30,000 gallons be provided.
The minutes from the 4/23/07 were read aloud by Halper. Halper moved to accept the minutes with the following changes:
1) Page 4 mail – change “Kokal” to “Kokal property”
2) Page 2 second paragraph, last sentence – change “consider” to “considered”
3) Page 1 minutes date – change date from “3/26/07” to “4/9/07”
4) Page 3 fourth paragraph – change “be as excessive” to “be an excessive”
5) Page 2 fifth paragraph last sentence – add a sentence after “The Board discussed the issue.” Add “As they have a ZBA Special Exception for wetlands buffer and approval from head of DPW Fox.”
Seconded. All members were in favor.
The minutes from the 3/18/07 were read aloud by Halper. Halper moved to accept the minutes with the following changes:
6) Page 1 Public Hearing time – change “8:30 AM” to “8:30 PM”
7) Page 2 FEMA – change “EMA” to “FEMA”
8) Page 2 CIP assignment for recycling from “Steere” to Borden”
9) Page 2 name – change “Karl Allen” to “Karla Allen”
Seconded. All members were in favor.
Mail
1) Dredge & Fill application on Dodge
2) Town of Greenfield road policy from BOS
3) PAN AM railroads – re: Cilley subdivision
4) Letter form Adele Hale on land requirements for back lots
The Board discussed response to Adele Hale’s question on back lot requirements.
Halper moved to enter a non-public session (RSA 91-A:3, II, e) for consideration of pending litigation. Motion approved to enter non-public session at 10:40 PM.
Non-public session closed at 11:00 PM.
Halper moved to adjourn at 11:10 PM; all in favor.
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