Planning Board Minutes
March 10, 2008
Minutes recorded by Kathleen Carpenter
7:00 pm - Meeting Opens
Those Present: Members Adams, Carrara, Halper, O’Connell, Steere and Morris. Peter Hopkins (Code Enforcement Officer) is present. Jim Plourde is present for the fire department. Steere is designated for Fletcher.
7:07 pm - Planning Board Business
Morris reads minutes from February 25, 2008 meeting. The following corrections are noted:
Steere was not present and not sitting in for Morris
Morris moves that the minutes are accepted as amended. All were in favor, Steere abstains.
7:20 pm - Planning Board Business – Mail
Memorandum from Keach-Nordstrom Associates, Inc. dated February 29. 2008 regarding Mitchell Subdivision
7:30 pm - Griffing Site Plan Review
Carrara generates a sign up sheet. Carrara asks if any member needs to disqualify themselves. Carrara discusses the procedure for the site plan review. Carrara asks if O’Connell issued the proper notices. O’Connell confirms notification was run in Monadnock Ledger, posted on the town bulletin board and at the Post Office. The Griffings present their plans. The Board reviews the site plan review checklist.
Outstanding Issues:
The Board will need 3 copies of the final plan
Names and addresses of owners of record
Abutting land owners names and address need to be added
Name and address of applicant (same as 3 above)
The name and address of preparer needs to be added
A north arrow needs to be shown
The date of the updated version
Add a note that property is in the business district
The plan needs to show the east side boundary of the property, which is the right of way
Handicap ramp needs to be shown
Well radius needs to be shown
Location for snow storage needs to be shown
Note on plan that depicts the type of lighting (down-lights) that will be used
Traffic pattern should be shown (minimally for the back of the property)
(note: Information from Underwood Engineers Municipal Improvements map, which includes most of the information above, should be incorporated onto the site plan).
Steere moves that the application be accepted. All were in favor. The motion passes. The public hearing opens at 8:20 pm. A question was asked about operating hours, and if there will be entertainment, etc. The Griffings state that their hours will expand and that there has been a lot of interest for entertainment at some point, probably not for a little while. Some concerns regarding policing issues were brought up and if our current police force can manage any issues that come up. The Griffings state that they will be closing at midnight at the latest and that they will not serve persons who may be causing issues.
With no further comments or questions Carrara closes the public hearing at 8:30 pm. The Board enters into a deliberative session. Carrara reads the procedures for the deliberative session. The Board decides to hold off on any further discussion until the next meeting. Carrara schedules the Griffin’s for March 24, 2008 at 7:30 pm.
8:36 pm - Conditional Approval for Smith Subdivision on County and Old Bennington Roads
Smith hands out copies of updated plats. Carrara summarizes minutes from December 10, 2007 meeting and lists the 5 conditions for approval. The Board reviews the conditions and agrees that all have been met. The subdivision is officially approved and the plats are signed.
Member Borden arrives at 9:00 pm.
9:05 pm - Continuation of Mitchell OS Development Major Subdivision
Member Morris disqualifies himself since he has not been to previous meetings on this application. Steere is designated for Morris, since Fletcher is supposed to attend later.
Nate Chamberlain is present.
Chamberlin discusses the bonding. Carrara discusses on-site inspection requirements and matters that were brought up during the Brooke Leasing review regarding on-site inspections. The Board believes that the GHD needs to be included as an agent. Hopkins needs to know what needs to be met before building permits are issued. Steere suggests the Board writes a letter to Mitchell and Keach, with a copy to Hopkins and Fox (as Board agents), depicting the process to be followed regarding the road building inspection points and identifying the Board agents. The inspect able road construction phases would consist of:
layout, grubbing and clearing
sub-grade
drainage and base
finish grade, including crushed gravel and guard rails
the binding tar wear tar courses
The first four phases must be completed, and any missing tar course bonded, before building permits are issued. The Board enters into a discussion regarding the bonding and what happens if the property is sold. The Board suggests that the information regarding bonding be added to the plat. Chamberlin agrees that a note could be added. O’Connell mentions that a line must be moved in regards to the zoning ordinances regarding the industrial zoning boundary. Carrara suggests that an additional note be added to the plat. Carrara reads Keach’s Feb 29, 2008 letter concerning previous deficiencies and suggestions:
One state permit has been approved and provided to the Board.
Bonding amounts have been discussed.
Inspection estimates have been provided.
Applicant met with the GFD to discuss the location of a fire pond or cistern and they will be meeting tomorrow to do a test pit, some permits will need to pulled but this will not impact the conditionality of approval since a fire pond or cistern would still need to be built.
The 3 waivers have been added.
Regarding number 6 (RSA 674:39. Four-Year Exemption), the applicant claims that a substantial investment in the property has been made. The applicant also claims that this constitutes “active and substantial development” on his part. Keach is asking the Board to determine what the threshold would be to invoke the four year exemption. The Board would like to check with town counsel.
The home owners agreement documents are not complete, pending bonding and approval resolutions.
Member Fletcher arrives at 9:43 pm.
Carrara asks what the Board would like to do at this time. Carrara reviews Feb 11, 2008 minutes. Carrara discusses the outstanding fees for Keach’s work.
Carrara would like to discuss and list the conditions that would be required for a conditional approval:
Conditions that must be met:
Two state permits still pending, subdivision approval and alteration of terrain approval.
Bonding and escrow – add a note on the plat describing the road construction inspection schedule.
Need to resolve the RSA 674:39 issue.
The Board still needs a copy of the HOA agreement.
An easement needs to be shown on the plat for the fire pond/cistern as proposed (fire suppression water source must be in place before dwelling unit permits are issued)
Carrara asks for any other discussion. Fletcher discusses the open space development ordinances. The Board seriously discusses the issue and provides arguments and discussions for both sides of the issue. The Board states that they have considered the issue of public interest at length on this particular application. Carrara discusses that a balance should be struck between the rights of the property owner and the public interest. In the case of this application the Board has been very involved in the process and the planning at the front end of this project; many changes have been made. Steere suggests that the dialog is captured, for future OSD applications, right at the beginning concerning the burden on the town (school, police, rescue, etc) and the public interest or good provided by an OSD
development. Morris feels that this OSD plan buffers the development from the main road and maintains the rural character and is in the spirit of the law.
Halper moves that the Saw Mill Estates Open Space Development Major Subdivision Tax Map R2 Lot 17-2 be conditionally approved subject to the 5 conditions listed above so long as they are met within 6 months from this date. Borden seconds the motion. Carrara asks for a discussion and then a vote. Members Halper, Borden, Adams, Fletcher, Steere, Carrara vote yes, O’Connell votes no. The motion passes.
10:25 pm - End of Meeting
Everyone thanks member Halper for his hard work on the Board. Adams moves to adjourn the meeting, Borden seconds, all in favor.
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