Preliminary Planning Board
Meeting Minutes – July 12, 2010
Minutes recorded by Sharon Rossi
Members present: GMorris, MSteere, MBorden, BMarshall (in for MSteere), JFletcher, KO’Connell, JAdams
Mail received:
The Source Newsletter from NHDES
23rd Annual Municipal Volunteer of the Year Awards announcement
NH LGC 68th Annual Conference, Nov 17-19, 2010 Radisson Hotel Manchester
LGC 2010 Spring Publication Catalog
Selectmen’s Meeting Minutes for June 2010
Building Permits for the year
Copy of letter from Joseph Kieft COO, Lorman Education Svcs
An invoice from Monadnock Ledger-Transcript in the amount of $73.20 for public notice for vertical takeoff landing hearing.
The meeting was called to order at 7 pm. GMorris had a brief discussion about the September primary and voting on the new vertical takeoff amendment for the town ordinances. Also a PCC has been added to tonight’s agenda. Tara Fletcher is coming before the board to discuss a Farmers Market in Greenfield.
Changes to minutes:
Line 55 change "below" to "of"
Line 79 change "voted" to "motioned"
Line 112 change "Town Administrator" to "Administrative Assistant"
Motioned made and seconded to accept changes. Vote unanimous
GMorris informed the Planning Board about his attending the last Select Board meeting to discuss the special town meeting for the vertical takeoff/landing ordinance . He stated that he and the Select Board discussed if the amendment was as urgent as we thought it to be. After a short discussion, it was decided to go ahead with September Town Meeting. JFletcher felt that the Board might be working under false information. So he read from Title LXIV: Planning and Zoning, Chapter 675, Enactment and adoption procedures. “V. Official copies of the final proposal to adopt or amend the zoning ordinance, historic district ordinance, or building code shall be placed on file and made available to the public at the town or village clerk’s office not later than the fifth Tuesday prior to the date when action is
to be taken. An official copy of the proposal shall be on display for the voters at the meeting place on the date of the meeting.”
JAdams said the only expense at this time would be the printing of ballots and public notices. He also commented that, “he was uncomfortable with this legislature process because it seems as this one issue unconfirmed issue is driving the ordinance. He has talked with gentlemen in question and the caricature of gentlemen is not as portrayed by the residents in his neighborhood.
GMorris handed MBorden the CIP packet for the DPW department covering vehicles, etc.
(Note: BMarshall stepped down as MSteere arrived at 7:15pm)
GMorris asked BMarshall to update the Board about the groundwater amendment LMurphy was working on after the late May meeting. He said that LMurphy has answers to our questions. She is on vacation right now and will return in late July. It was suggested that LMurphy and a representative from DES to hold public, informational meetings for the public. Any questions from residents would be answered by DES and/or LMurphy. This would give us time to make any amendments/changes to the ordinance. GMorris stated that the next step is to schedule LMurphy to come back and discuss or answer the questions from the May meeting. GMorris said perhaps the August 9th. BMarshall will communicate the date to LMurphy and will make sure that Concom is invited as well.
At 7:28 pm, D. McKinney presented the Harold Chandler subdivision application. The property is located at corner of Gould Hill and Zephyr Lake Road, Greenfield, NH. GMorris asked if anyone needed to recuse themselves. No one recused themselves.
GMorris read the “Rule of order” to the audience, announced that a sign-up sheet going around for all to register and to speak up to overcome the noise of the fans and air conditioner.
DMcKenney handed out additional copies of the proposed plat, as well as an approved septic system design. He said that Mr. Chandler’s lot is 5.6 acres, which he wants to subdivide into a 2.1 lot and a 3.5 lot with 250 foot frontage on one lot and 686 foot frontage on the other. He said that the proposed lot meets all setback requirements and the property is in both the village & general residence districts. A pending perc test is at DES right now and we are waiting for results from DES. The owner received a waiver from original developer on certain restrictions for the covenants of the original subdivision.
GMorris assessed fees totally $330.00. DMcKenney will bring a check at the next meeting.
BMarshall and COgilvie previewed this application. GMorris read COgilvie’s letter. The listed items are not applicable.
BMarshall agreed with COgilvie on the following: to be fulfilled and completed
#7 all subdivisions within 100 feet, intersecting roads & driveways within 200’, easements, parks or public places, or similar facts regarding abutting properties shown. (3 are not shown)
#8 boundary survey & location of permanent markers, lot areas in square feet and acres, and tax map and lot numbers (proposed & actual; curb cuts need to be shown on plat and KMcDonald, DPW Director needs to sign off)
#9 identification of frontage; location of existing & proposed driveways. (Need note of location on plat for a building 35’ from septic system)
#11 existing & proposed buildings, other structures & building setback lines. (Need to see a building envelope.)
#12 water course, (arrow on Bosse culvert, direction of flow, buffer issues on abutting)
#15 soil data, including wetland designation. (Not on the plat). DMcKenney handed to the Board a colored copy of soil data (soil types)
#19 location & profiles of sewers (add culverts, flow direction)
#23 copy of driveway plan (copy of driveway permit)
#24 copies of any other state (septic system)
#21 (add test pit data)
BMarshall had a question about the driveway and queried, “Is there an easement and Mr. Chandler is allowing it?” DMcKenney responded that the Quitclaim deed incorporates the driveway and is noted on the plat.
GMorris asked if there were any other questions from the Board. KO'Connell asked, “How was the small triangle of land added to the Chandler property?” DMcKenney responded that it was acquired via a quit claim deed dated May 4, 2010 from Tamposi Family Investments Properties.
DMcKenney stated the driveway’s quitclaim deed reserves the right to access the Bosse property. MBorden asked if the Bosse driveway is part of the 250 foot frontage on acquired lot. KO'Connell asked where was the property line before the Tamposi family bought the original property. DMcKenney stated the previous deed was inconclusive.
JAdams motioned to invoke jurisdiction on the application. KO'Connell seconded the motion.
GMorris asked for a vote which was unanimous. BMarshall asked the Board to review the application checklist. The items in boldface at the beginning of the meeting minutes are items that the Board feels need to be completed.
KO'Connell commented that abutters aren’t located correctly on plat and he sees no delineation of wetlands which are located at the bottom of Bosse land.
GMorris asked, “What other issues does the board have?” JFletcher said the wetlands should be noted on the plat. KO'Connell said, “There may be some wetlands in the 25’ buffer zone and should be noted and confirmed.”
MBorden still has an issue with 250 foot frontage on the smaller lot that includes someone else’s driveway is running through it.
GMorris commented, “We have a quitclaim deed for this little corner which rolls into the bigger property, don’t we have to accept this? We don’t challenge the deed.” MSteere said, “However we should challenge the process on the quitclaim as it did not go through Planning Board.” DMcKenney said there are statutes that allow the merger as it was an orphan lot.
GMorris stated, “The bottom line is that the State is telling us that this is legal.”
GMorris polled the Board if there are any other questions at 8:21pm and which he closed the presentation portion of the hearing.
At 8:52 pm the public portion of the hearing was opened.
AWood, abutter, and listed correctly on the plat, commented that ‘any holder of the covenant can object,’ and that the letter from the Tamposi family saying no objections to the subdivision, is a letter that I have never seen.”
GMorris informed the audience that he asked LGC about covenants because the Planning Board was aware of covenants that rule the subdivision.
AWood said if the Board decides to approve it, then limited waivers of restrictions makes the covenants invalid.
JRenaud asked if the Tamposi’s owned the small parcel of property throughout, have taxes been paid on the property.
AGuinn said the covenants are the laws of the neighborhood so why does Tamposi even have a say in the covenant.
GMorris said, “The covenant allows this due to wording of “or”.
KVincent asked, “Do you have this in writing?” GMorris responded that the information was presented tonight.
BWood asked, “Is this the letter Mr. Chandler mentioned in February?” . GMorris responded that the February meeting was a PCC and nothing was binding from that meeting.
JFletcher read, “The developers or their successors or assigns shall have the right to waive, alter or amend any of the foregoing restrictions in the event that it becomes necessary or equitable to do so, and the developers or their successor or assigns shall be the sole judge as to the properness of such waiver, alteration or amendment."
KVincent asked, does this waiver cover the triangle/lot?”
JRenaud commented that the location of the driveway is where cars careening around the corner, and in the past, a car have gone off there as well. GMorris commented that the DPW supervisor will review the driveway location and will have to sign off on it location. If it’s not a good location, he will make a recommendation to change it.
BWood has a question about the waiver, “Who is James E Chandler? I thought the application is for Harold Chandler.”
DMcKenney said that the original owner was James E and that he will have the waiver’s name corrected to Harold I.
MWilliams, one of the first people to move in area, said the covenant stated lots would be 5 acres, so it is wrong to subdivide into small lot. EAnderson asked, “Will that amendment to the covenant have to be filed?”
AWood asked, “If the covenant holders decide to pursue this in court, what does the Planning Board need to do to have the covenants to hold up?” GMorris said a decision hasn’t been made on the application but holders can pursue court action.”
8:51pm public portion closed.
Deliberative session began at 8:52 pm
KO'Connell and MSteere commented there are legal issues concerning the triangle. BMarshall said we need to identify the deficiencies so that DMcKenney can complete them.
(See above numbers)
Note: #8 on plat will be revised to include Bosse’s driveway.
GMorris noted to the audience that the Chandler hearing will be continued August 23, 2010 at 8:30 pm.
9:13 pm PCC Tara Fletcher conceptual consultation for Farmers Market – informational only
TFletcher stated that she has started large garden on Fletcher property this year and hopes to make it a business one day. While researching farmers markets in the surrounding areas, it appears that the area markets are not focused on just the farmers market/agricultural products. TFletcher hopes to have an open inviting community market where people will bring food and other agricultural products.
GMorris asked are you looking to run it as co-op.
MBorden asked, “When would you operate it; weekends, week days? TFletcher said, “Not sure. We don’t want to compete with other towns?”
JAdams suggested looking at Oak Park as a location as it has parking, facilities, and the state park is next door. Also you might want to talk to them as booking might be a problem. MBorden said, “If facilities are a priority, then town hall or Oak Park are both good locations.”
BMarshall asked, “Are there any state laws that govern farmers markets?”
TFletcher said, “Yes, restrictions and regulations are listed with state, kitchen licenses if preparing food on location.”
MSteere asked JAdams, “Do selectmen issue permits for this type of product?” GMorris asked, “Do you have a group of people who would be joining you?” She responded that she had several people in mind but had not discussed it with them yet. MBorden asked, “Are you trying to kick it off this season?” TFletcher commented, “That it would be a trial this season.”
The PCC ended at 9:25
GMorris asked, “Does the Board have anything else to discuss?” BMarshall said that he has the spreadsheet showing Greenfield businesses and home based business. GMorris commented that he still has to do letter for the Greenfield Spirit about businesses in town.
MSteere motioned that the meeting adjourn at 9:34 p.m.
KO'Connell seconded the motion.
GMorris called for the vote which was unanimous.
9:35 p.m. hearing closed.
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