Planning Board
Preliminary Meeting Minutes –
Recorded by Sharon Rossi
December 10, 2012
Members present: RMarshall, JFletcher, PRenaud, KO’Connell, MBorden, RWimpory, and SChicoine
7:05 p.m. Minutes
PRenaud read the November 26, 2012 meeting minutes. Several spelling, punctuation and replacement of words were done. No substantive changes were made. MBorden motioned to accept the minutes as amended. KO’Connell seconded. Vote unanimous in favor
7:20 p.m. Mail Received:
Received 4 completed certified notices for Sawmill Estates hearing
2 green cards for Sawmill Estates Hearing
Planning Board Budget Report YTD 2012 date 12/2012
E-Mail from Robert Claxton, re: supporting use of Railroad trails in Greenfield
LGC Invoice for Municipal Law Lecture Series – P. Renaud
Received certified letter for K. Landry, returned, unsigned
UNH Cooperative Extension brochure
7:30 p.m. Sawmill Estates Subdivision Hearing
RMarshall circulated the sign-in sheet for the site plan review for Sawmill Estates Hearing
PRenaud said, “Point of order, we need to go through checklist to make sure how complete it is before the Board can invoke jurisdiction. RMarshall said he told the applicant that the Board would need to receive the applicant in a public hearing. After discussion of procedures, RMarshall said we have a 30 day window to act on the application filed on November 12 . He further stated that we will have to clear up how we receive, process, and choose to accept applications at a later time. Because this had been noticed as a public hearing he suggested we proceed with a review of the checklist as suggested.
KO’Connell asked, “Can we go through checklist for? RMarshall referenced the November 12, 2012 meeting minutes where we told the applicant to come back on December 10, 2012 to:
-Receive applications only at a regularly scheduled meeting
-Schedule the formal submission of an application at a publically noticed meeting. The
Board will then go through the application checklist, review consultant recommendations, if
necessary, and vote to accept or reject the application.
RMarshall asked the Board if they wished to go over the Subdivision application checklist. He put it to a vote: MBorden, RWimpory, KO’Connell, and SChicoine voted to proceed.
RMarshall explained to the applicant about the discrepancy in the fee schedule, in light of GMitchell’s request for a waiver on previously paid approval lot fees. The fee structure will be two separate phases, application fees, which include consultant fees (if needed), certifieds notices, newspaper ads, and approval fees, which will include LCHIP, approval lot fees, Registry fees etc.. At approval fee time, we will then consider the waiver that GMitchell requested. . RMarshall asked for a check in the amount of $460.00 for the new subdivision application fees from Gwynne Mitchell. A check was received in that amount.
7:50 p.m. RMarshall asked CBranon, Fieldstone Engineering to present a general statement concerning the Sawmill Estates Subdivision.
CBranon representing the Sawmill Estates Trust, 418 Sawmill Rd, Greenfield, NH said this will be a 28 lot open space subdivision, with two open space lots. The subdivision is located in the General Residence District. The lots are for single family housing which include 50’ road frontage. The lots are serviced by two private roads, Butterfield Road and Peavey Way.
The legal owner of property is Sawmill Road Trust; trustee of trust is Heather Bettencourt. The plans show Gene and Gwynne Mitchell as owners.It appears that it was clearly communicated to Gene that a letter from the trustee authorizing CBranon/Gene Mitchell as agent, but that information wasn’t passed on the CBranon. He will get a letter stating he and the Mitchells are authorized to act as agents of the Trust.
After the Board went through the checklist, there are items to be addressed:
· #2 Proposed subdivision name, name and address of owner or applicant. Owner/applicant -- ownership issues.
· #9 Location of proposed driveways. SChicoine said on 4 lots (Lots 1, 18, 19, 22), he was unable to locate. CBranon said the preferred driveways for lots 18, 19 are on page 14. Lot 22 has a lot of frontage, but may require a 2’ fill onto the lot.
· #17 Methods of sewage disposal, location of percolation test results, identification of 4,000 square-foot septic area. Lot 18 doesn’t show a test pit.
· #18 Location of 75-foot well radius on property. Lot 4 and 21 need to have wells located on the building lot, as required by Greenfield Ordinance.
· #23 DOT Road cut. A typo is on front page on date of the DOT road cut. Is the permit renewable and has it been renewed?
SChicoine noted that he has a copy of the Sawmill Road Estates recorded deed showing Heather Bettencourt as the owner of property. The front page of the plat needs to be corrected. The latest deed dated in 2011. You do not have the authority as an agent. CBranon said it doesn’t appear to be a conflict on my side, if you invoke jurisdiction, I have 65 days to correct the deficiencies. The application could be accepted and the material will be provided.
JFletcher commented that Heather can legally subdivide the property as she is the legal owner. CBranon said there may be a legal condition of the trust that would not allow that.
RMarshall asked GMitchell to provide a letter showing ownership and permission for him or CBranon to be the agent and this wasn’t communicated to CBranon. CBranon will have a copy of a letter from HBettencourt advising of her permission for him to be the agent. He will e-mail a copy of the letter tomorrow. PRenaud said the Board will need a letter not an e-mail. RWimpory said from the town’s perspective the owner ship has changed legally and this, the letter will cover the town. CBranon said “We will provide whatever documentation is needed. I will get a letter from HBettencourt authorizing GMitchell and CBranon as agents.”
Gwynne Mitchell said she will talk to her lawyer about this ownership issue and get a letter explaining/covering this issue. RMarshall said that if this letter arrives, it may be possible to have our town counsel review it.
RMarshall then read COgilvie’s letters for comments on checklist deficiencies she noted.
Subdivision regulations have changed since waivers submitted, and the waivers need to be corrected. PRenaud said #18 note on the front page will need correction. #19 note needs to be eliminated from front page
9:03 p.m. KO’Connell motioned to accept the data as sufficient to invoke jurisdiction, noting the following deficiencies:
· #2 Proposed subdivision name, name and address of owner or applicant. Owner/applicant -- ownership issues.
· #9 Location of proposed driveways. SChicoine said on 4 lots (Lots 1, 18, 19, 22), he was unable to locate. CBranon said the preferred driveways for lots 18, 19 are on page 14. Lot 22 has a lot of frontage, but may require a 2’ fill onto the lot.
· #17 Methods of sewage disposal, location of percolation test results, identification of 4,000 square-foot septic area. Lot 18 doesn’t show a test pit.
· #18 Location of 75-foot well radius on property. Lot 4 and 21 need to have wells located on the building lot, as required by Greenfield Ordinance.
· #23 DOT Road cut. A typo is on front page on date of the DOT road cut. Is the permit renewable and has it been renewed?
Note #18 on the front page is invalid and will be removed
Note #19 on the front page will be removed
MBorden seconded the motion. Vote on motion: KO’Connell, PRenaud, RWimpory, and MBorden, ayes, SChicoine, JFletcher, nays
9:12 p.m. Public Hearing opened.
RMarshall read the rules and procedures for public hearing. He advised the purpose of the public hearing is to accept the site plan review subdivision application for Sawmill Estates. PRenaud motioned to continue this h to December 17, 2012 at 7:30 p.m. JFletcher seconded the motion. RMarshall called for a vote to continue. Motion was defeated.
9:14 p.m. KO’Connell asked to allow the audience to speak since someone may not be able to speak at the later date. AWood asked the Board to seriously consider what every new subdivision’s impact on the tax base will be and how safety issues will be.
9:18 p.m. PRenaud motioned to continue this meeting to December 17, 2012 at 7:30 p.m. JFletcher seconded the motion. Vote unanimous in favor.
9:22 p.m. Public Hearing Miner Subdivision
Monadnock Survey, Inc. DTuomala, Heather & David Bower
RMarshall reopened the public hearing portion from the October 15, 2012 hearing. At this time, JFletcher recused himself from the Board and joined the audience.
List of items to be completed by Monadnock Survey:
· Include a signature box for Selectmen signatures needed on Mylar
· Letter from road agent regarding curb cuts, signature box for road agent on front page
· Test Pits were done on, R7-1-1, R7-3, R7-2, sheet 5 4000’ leach field and well radius, shown on plat
· Note #13 waivers, added #13 An addition … “if any other area is to be developed, then affected wetlands will have to be field identified and mapped by a certified wetland scientist…”
· Delineation of wetlands shown on R7-1-1, R7-2, R7-3
· Added Flood Plain information
· Shows two driveways on Zephyr Lake Road
· Section 4 c 11 foliage lines added
· Note #10 “…lots to be served by on-site sewer and wells, R7-1 R7-27 …adequate space on lot for well locations”
· Note 11 rewritten (see 13 A)
· Note 12: Parcel A. After talking with Miner’s Attorney, it was decided to leave the note as written. Parcel A will be taken off the subdivision and will leave it unclaimed.
SChicoine said Note 9 refers to R27-4. “Is that a typo?” DTuomala said, “Yes, should be R7-4”
10:07 p.m. Public hearing opened for public comments.
JFletcher, abutter, said, “This appears to be listed as 4 separate lots, but only referred to a one lot on the application.” DTuomala responded it is one large lot, but the tax map has it listed as four.The deed has it listed as only 1 parcel.
AWoods asked, “Are there any restrictions on development on the lot that abuts Zephyr Lake. Is the Class 6 road going to be used as a driveway?” DTuomala responded, “The portion of the lot near Zephyr Lake is under Shoreland Protection and the town setback requirements restrict this piece.”
DBower asked, “If we make this lot, Parcel A, as unclaimed, correct the notes as agreed to by DTuomala, and she resubmits the plans, would you accept this?”
KO’Connell said if we reached a compromise and the parcel goes back to unknown, then I would agree to it.
RMarshall asked the Planning Board if they were satisfied with all the changes DTuomala has made. They were. DTuomala will define R7-2 as ‘unclaimed’ to move this forward. DTuomala agreed.
10:33 p.m. Public portion closed.
MBorden motioned to approve the Miner Subdivision as presented to the Board. KO’Connell seconded. Vote as follows: SChicoine, MBorden, KO’Connell, RWimpory. ayes PRenaud abstained. The motion carried
10:36 p.m. RMarshall said there is a change to next week’s agenda. The Sawmill Estate case will be at 7:30 p.m.
He also asked the Board to review zoning changes, especially language. KO’Connell will look at the definition of ‘businesses for zoning ordinance.
10:42 p.m. MBorden motioned to adjourn. PRenaud seconded. Vote unanimous in favor.
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