Planning Board
Preliminary Meeting Minutes –
Recorded by Sharon Rossi
September 9, 2013
Members present: RMarshall, JFletcher, PRenaud, RWimpory, SChicoine
7:01 p.m. Minutes
PRenaud began reading the August 26 meeting minutes. No substantive changes were made. JFletcher motioned to accept the minutes as amended. PRenaud seconded. Vote unanimous in favor.
7:24 p.m. Mail Received:
· Greenfield Building Permits 2013 Y-T-D
· New Hampshire Town and City September or October issue
RMarshall handed out a copy of the LGC e-mail concerning the Williams Class V access to his landlocked property. LGC proposed that RWilliams voluntarily merge the two lots. RMarshall will share this with RWilliams and the Lyndeborough Planning Board. JFletcher said he is in agreement with this recommendation, as we all agreed with the lot line adjustment at the last meeting, but the merger seems to be a simpler solution.
7:34 p.m. Neighborhood Heritage District Ordinance – 1st Draft
RMarshall reminded the Planning Board of the Neighborhood Heritage District proposal community conversation at 9:00am on Saturday, September 14th. A copy of the draft was handed out to the Board. RMarshall asked the Board to review and get any comments to RMarshall asap. He advised the Board that residents attending will be asked to critique the draft. Maggie Stier from the NH Preservation Alliance and Lisa Murphy from the Southwest Region Planning Commission will be attending the meeting.
7:48 p.m. Sawmill Estates – continuation of deliberation - Punch List
RMarshall said that the purpose of this activity is to get a sense of where we are in this process.
PRenaud wants to be on the record saying that we shouldn’t be discussing this punch list without the applicant being present. There are legal issues that need to be discussed, but not without the applicant here.
JGryval spoke to a Point of Order. He said if the public portion is concluded then the Board shouldn’t accept information from the applicant as you can open the Board to legal action. PRenaud concurred with this Point of Order. He said we haven’t received the final plat and the homeowner’s agreement has been clarified. The board doesn’t have all the information that we need.
RMarshall said that the Planning Board reserved the right to ask questions of anyone once the public portion of the meeting was closed. If new information was presented, then the public hearing would need to be re-opened.
JFletcher said his feeling is that a quick checklist for clarification is needed to help us know where we stand.
SChicoine presented a list of items to be addressed:
Revised plats:
§ Need a revised plat for Board to see before a vote is taken.
§ Need a review by engineering consultant on the net developable/open space calculations.
§ RWimpory asked that an independent engineer do the calculations of the open space and verify the applicant’s calculations are correct.
Detailed Phasing Plan:
§ Review and clarification of phasing by applicant.
§ Review by the Fire Chief (cistern access).
Dorr Way Access Easement:
§ PRenaud asked how the Dorr Way easement meets RSA 674:21-a, and he wants legal counsel to review any easement on open space conservation easements.
Bonding Requirements:
§ Estimate from applicant and review by engineering consultant and Town counsel. The Planning Board needs to select an engineering consultant for oversight needed.
Engineering Consultant:
§ Selection by Planning Board.
§ Provides reviews as directed.
§ Estimate of costs for engineering oversight.
Home Owners Association Agreement:
§ Review agreement before town counsel.
§ PRenaud commented he has a large number of RSAs regarding the town taking over private roads because he feels that in the future this could be happening. He wants to know if there is a stipulation in the HOA concerning the roads? Will every lot owner be liable to have the original road upgraded and then the town would have to maintain it? He feels that a liability could come into play if the town elects to take over the private roads in this development and also wants a review by town counsel. RWimpory asked that a lawyer who is a specialist in the roads be selected to review any legal document concerning the roads. RMarshall said that Town Counsel,
MSerge, is a municipal law attorney and is qualified.
§ SChicoine said he feels that the HOA agreement could be a condition of approval.
Requirement for active and substantial development or building
§ Goals should be specified by Planning Board. If the Board does nothing, then it falls to the default of 4 years exemption. RMarshall said he would check the Greenfield’s zoning ordinances and regulations. (reference subdivision regulations, page 7 Section V paragraph b)
Conditional/Final Approval Procedures:
§ Planning Board to approve time lines and extensions.
Permits and Agreements:
§ Reviews needed by Planning Board, Fire Chief and by Town Counsel.
RWimpory asked, “Can the cisterns be used by the Town?” It was mentioned in a past meeting by CBranon that if the cisterns are used by the Fire Department, then the Fire Department has to refill them.
PRenaud said he has concerns about the HOA agreement’s wording and feels there are words to be changed or corrected. It was mentioned at an earlier meeting that the first HOA was a boilerplate and that as the plans develop, the newer HOA agreement should have clear and specific wording for this development.
PRenaud said that in reviewing the HOA agreement he didn’t see any reference of liability by the homeowners for the roads, nor exact language of the conservation restriction on open space RSA 477.45, I, conservation definition. He wants to get a legal opinion on RSA 674:21-a and RSA 231: Chapters 8, 22, and 28-33.
SChicoine and PRenaud both feel that the HOA’s wording needs to be completed before a vote can be taken. PRenaud wants the HOA agreement to clearly stipulate what can and cannot can be done on, in, and to the common/open space areas.
RWimpory asked, “Who is paying for all this legal review?” RMarshall said, “When I ask Town Counsel for legal advice for Planning Board procedures, we pay for it. However, legal review fees of documents provided by the applicant, like the Homeowners Agreement, are paid by the applicant.”
Items to be addressed by CBranon:
· Language for the open space easement
· Language for easement to Dorr Ways
· Slope and drainage easements
· Language in deed and what is written on the plat to be verified
· Temporary turn around easement
· Access and utility easements
· Wildlife study, a written document
· Site Plan Review to be listed in the HOA agreement
RMarshall advised the Board that, as a result of this discussion, he will draft a list of outstanding issues for CBranon and circulate it among board members for input. He will then forward it to CBranon.
PRenaud asked when the Sawmill Estates deliberation will be listed on the agenda again. RMarshall said October 7. PRenaud said he will e-mail a final draft of CIP to Board members and asked that any changes be made by October 28.
9:30 p.m. RWimpory motioned to adjourn. JFletcher seconded. Vote unanimous in favor.
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