TOWN OF NEW BOSTON
NEW BOSTON PLANNING BOARD
Minutes of 2007 Meetings
June 26, 2007
The meeting was called to order at 6:30 p.m. by Chairman Peter Hogan. Present were regular members, Don Duhaime, Stu Lewin; ex-officio Christine Quirk and alternate, Barry Charest. Also present were Planning Coordinator Nic Strong, Planning Assistant Michele Brown and Recording Clerk Suzanne O’Brien.
Present in the audience, for all or part of the meeting were John Bunting, Mark & Christine Bilodeau, Nick & Brenda Ferro, Cliff Plourde, Bob Todd, LLS, Katie Napierkoski, and Joan MacDonald.
Planning Board discussion regarding future planning including multi-family zoning.
The Coordinator suggested that because the Board consistently raised the issue of density in R-A districts even though the current Zoning Ordinance and Subdivision Regulations allowed for the types of densities being proposed they might consider focusing on replacing the current R-A and R-1 districts with a new R-A- district tailored to the types of lot sizing and frontages they preferred. She noted that in addition to that option they might consider doing a multi-family overlay which could in turn consider different types of accessory dwellings with, for example, detached structures that could offer a variety of apartment options. The Coordinator clarified that the density issue was the first issue that should be reviewed. Don Duhaime stated that he did not think
accessible roads were being proposed with certain density subdivisions. On the other hand he referred to a proposal by Thibeault Corporation along NH Route 13 to construct multiple condominium units versus apartments which he did not see as the multi-family goal they were discussing. The Coordinator noted that the Board had the discretion to consider a variety of options for multi-family housing such as four-plexes, townhouses, detached structures, etc. for certain areas in the Town. Don Duhaime liked the idea of a rentable, affordable structures not condominiums with higher rates. The Chairman stated that he liked the idea posed by the Coordinator of optional structures for apartment proposals such as detached structures like barns. The Coordinator noted that in regard to Don Duhaime’s comment about condominiums it was important to look into the legal aspects of State law regarding condominium conveyance as it was not permitted to discriminate
against that type of subdivision. Don Duhaime added that he also did not like the idea of a 12 unit apartment building in the Town. The Chairman noted that it also needed to be considered that there were no Town sewer facilities to support that type of structure, however, certain lots would be more appropriate for multi-family residences than others. Don Duhaime added that the State often took issue with community wells and septic systems proposed for large multi-family units. The Chairman thought that larger apartment structures would need large buffers. Christine Quirk added that larger multi-family structures often had higher rates of police and fire calls than single family homes such as the 6-apartment structure on Chestnut Hill Road.
The Chairman thought that where multi-family units were appropriate in the Town they needed to have a minimum lot size (for new construction). He added that for an existing building slated for multi-family conversion or a secondary structure there needed to be specific limitations, i.e., that it not be larger than the primary structure on the lot. Don Duhaime added that each unit should have a maximum square footage. The Chairman noted that an alternative to that would be to limit the number of units in the structure. Christine Quirk stated that the square footage should be larger enough to accommodate a family, such as 1,200 to 1,400 s.f. Don Duhaime thought that this might encourage large groups living in the same apartment and that the bedrooms should be
limited to two to counteract that possibility. Barry Charest thought that two bedrooms would discourage families from moving there in the first place or force them to move out if their family grew which defeated the whole purpose of offering multi-family housing. Christine Quirk noted that she had seen instances of larger numbers of people living in 2 bedroom apartments, therefore, limiting the number of bedrooms would not necessarily address that issue. She added that the State also dictated the number of people that could live in a structure based on what its septic system could handle.
Don Duhaime felt that Town Counsel’s opinion should be sought on this issue. The Chairman clarified that the question could be posed to Town Counsel as to how they could encourage rental property while discouraging condexing. Christine Quirk agreed. The Chairman added that the Board also needed to determine what specific areas in the Town were appropriate for multi-family structures, for example, by soil type and flood zones. Don Duhaime thought this was a valid point. The Coordinator noted that current ordinances did not allow for structures in flood plains. The Chairman asked where in the Town was appropriate to offer multi-family Zoning. The Coordinator replied that until this term was properly defined it would be hard to say. The
Chairman stated that incentives needed to be considered also such as allowing 4 units on 2 acres in certain areas to encourage rental units over condexes. He noted that backlots, which already had a 5 acre minimum acreage would be optimum locations for multi-family units as they would be set back at least 200’ from the road. Don Duhaime thought that potential buyers of lots in front would need to be notified that there was multi-family zoning in a backlot as developers might not divulge that information. The Chairman stated that it was a buyer’s responsibility to do their research on subjects like that even though it was unlikely that they would. Don Duhaime stated that he thought backlots were great ideas as long as potential buyers of front lots were made aware that they were allowed in specific areas, i.e., on the plan, as he did not think that most buyers would do research on the subject. Christine Quirk liked the idea of having 4 unit
multi-family housing on some backlots as they would not be as visible. The Chairman noted that buffers might need to be stretched so that such structures sat at minimum setbacks on lots and that feasibility would depend on the shape of a lot. Don Duhaime asked if a backlots had sizeable front yards. The Coordinator replied that backlots had side and rear setbacks of 20' and a front setback of 50' but that the front setback was usually in the 50' strip of land and, therefore, that land was mostly unusable. Don Duhaime clarified that this would mean that there would be a 20’ buffer all the way around the lot. From the audience, John Bunting suggested that a bigger 200’ square could be required for multi-family structures on backlots. Don Duhaime noted that the stipulation of keeping multi-family housing rentable versus having them turned into condexes in the future was an important point to consider. The Chairman replied that
condex options may be the only way for some people to build equity and afford single family housing in this Town versus apartment living. He added that although he did not predict there would be much need for it some existing single family homeowners may wish to open up their large homes to other families as a way of affording to stay in that house and larger property. The Chairman added that there was also the possibility that some existing barns could be converted into apartments and he had heard of this being done in Hollis, NH.
The Chairman summarized that a question to pose to Town Counsel was how the Town could encourage multi-family housing and apartment rental while preventing condexing. The Coordinator asked about the issue of the R-A District as a whole and the 2 acre lot minimum. The Chairman replied that he had no issue with that and suggested that they could look at some specifications where 2 acre lots allowed for excess density like the Bedford/McCurdy Road area and come up with some answers. The Coordinator stated that she did not understand the Chairman’s statement. The Chairman replied that this area of Town was more flood prone and had more limited access than other areas with more sensitive densities. The Coordinator noted that if this was the issue, rather than
density, the Board needed to review road standards in the Subdivision Regulations. Don Duhaime stated that the question remained as to how developers who wanted to develop in dense areas could construct roads through property they did not own. The Coordinator replied that Southern New Hampshire Planning Commission’s traffic study was underway and would provide the Board with a lot of information that they could use anywhere in the Town they deemed appropriate. She offered an example where the traffic study might afford the Board the necessary information to amend the Subdivision Regulations so that developers would need to provide secondary access if they went over a certain number of lots. Stu Lewin asked if they was a way to maximize the number of lots that a developer could have for large site, for example, requiring 2 acre lots on a site of 50 acres but no more than 12 or 13 lots total which would leave ample open space. The Coordinator
replied that it would be necessary to prove that a greater number of lots would be scattered and premature due to stresses it would place on the Town's infrastructure. The Chairman added that developers could try and get around that loophole by, for example, having 800 acres to develop and applying for 30 acres at a time with a road for each subdivision. Don Duhaime noted that this was why the Board needed to always ask a developer’s future plans for site development. The Chairman thought that the Coordinator had made a good point regarding requiring certain densities for certain road networks. Don Duhaime wondered how the Subdivision Regulations could be changed to successfully accomplish this. The Coordinator noted that many Planning Boards had the same frustrations over time as issues could only be dealt with as they presented themselves and could not be resolved until ample backup information was in place otherwise they risked lawsuits.
Don Duhaime asked if SNHPC’s Scope of Work was completed. The Coordinator replied that it was and that the Road Committee and Selectmen had agreed to it. Don Duhaime asked if there was a deadline date for the traffic study completion. The Coordinator replied that there was no official deadline date but she assumed it would be done by October, 2007. She reiterated that the Board should become familiar with the road standards of the Subdivision Regulations and she would pose the questions presented this evening to Town Counsel.
BILODEAU, MARK R. & CHRISTINE A.
Submission of Application/Public Hearing
NRSPR/Cordwood Home Business
Location: 229 Joe English Road
Tax Map/Lot #14/44
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were the applicants Mark and Christine Bilodeau. Abutters present were Nick and Brenda Ferro and Cliff Plourde. Mark Bilodeau stated that he wished to cut and split cordwood on his property as a home business. He added that the wood would be hauled in by trucks to his property every 2 to 3 weeks. Mark Bilodeau stated that he proposed hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday and 8:30 a.m. to 6:00 p.m. on Sundays. The Chairman asked Mark Bilodeau if he lived close to his abutters given that he would be using a chainsaw. Mark Bilodeau stated that his closest abutter was approximately 200’ away. The Chairman
asked abutter Nick Ferro how much the noise of Mark Bilodeau’s chainsaw carried to his property. Nick Ferro replied that the noise audible from inside his home with the windows closed which he found objectionable. He added that he had been advised by a realtor and an appraiser that the applicant’s business would be detrimental to the value of his property. The Chairman stated that he tended to disagree with statements of that nature made by realtors. He then asked abutter Cliff Plourde his thought regarding the chain saw noise. Cliff Plourde replied that the noise was there and he was also concerned about the future resale value of his property as a result of this business. Don Duhaime asked Mark Bilodeau if he needed to have Sunday hours. Mark Bilodeau replied that his proposed business was a part time venture, therefore, he wanted to be able to work at it when he returned home from his full time job. Don Duhaime asked if
having weekend hours on Saturday would not be enough in consideration of the abutters. Mark Bilodeau replied that he planned to do most of his chainsaw cutting during the fall and winter and do splitting and deliveries during the summer months with minimal chainsaw usage. He added that he would not have a problem with not using a chainsaw on Sundays as long as he could use that day to split and load wood. Mark Bilodeau stated that he owned a 6-horsepower splitter which was not as loud as the larger conventional splitters. Stu Lewin asked if exterior lighting was proposed for operating hours that would be after dark. Mark Bilodeau replied that he did not intend to work in the dark and would work the later hours in the summer. The Chairman clarified that no power equipment would be used after dark. Mark Bilodeau replied that was correct. The Chairman stated that he could understand if the applicant wished to load wood in the later hours
versus running the chainsaw, therefore, the plan would be less objectionable if it were noted that the chainsaw would not be run after dark or on Sundays. He explained that he did not wish to limit the hours of operation to mean that the applicant could not load wood after dark. Mark Bilodeau noted that the only lighting he would use for loading wood after dark might be a flashlight. Christine Bilodeau added that another option for lighting might be from their all terrain vehicle headlights. Stu Lewin asked if the Town had a noise ordinance. The Chairman replied that they did not. Stu Lewin thought that the proposed start hour of 7:00 a.m. seemed early for a chainsaw. Mark Bilodeau offered that he would be willing to change the start hour to 7:30 a.m. The Chairman thought that the plan could note hours of operation as being 7:00 a.m. to 7:00 p.m. with specific times noted for use of the chainsaw within that 12 hour period. Don
Duhaime asked the applicant if he intended to cut wood for 8 hour periods. Mark Bilodeau replied that he might do so on certain days through the winter months. The Chairman thought that the plan could note that cutting would be done between the hours of 9:00 a.m. and 5:00 p.m. Christine Bilodeau asked if these hours could be extended later in the day Mondays through Fridays as her husband had a full time job and did not return home until 4:00 p.m. The Chairman asked the abutters what they thought would be reasonable hours for cutting wood. Nick Ferro replied that he did not see why the applicant did not need a commercial variance for the business. The Chairman explained that this type of business was permitted under agricultural use in Zoning. Nick Ferro thought that he should be able to apply for a 50% reduction in his property taxes due to the applicant’s business. The Chairman noted that Nick Ferro’s objection to the
business would not change the stipulations of Zoning. He asked abutter Cliff Plourde his thoughts on the matter. Cliff Plourde replied that he knew the business was proposed as part time now but wondered what parameters would be put in place to prevent it from becoming a larger enterprise. The Chairman replied that the applicant’s site plan represented him as the sole employee, with stated hours and no customer parking, therefore, he was limited as to how far he could take his operation without returning to the Board to amend those parameters. He added that if the business became more intense as a commercial operation it would no longer be suited for the residential neighborhood it was in.
Cliff Plourde noted that he and the applicant had spoken previously and reached an agreement regarding the installation of natural buffer boundaries. The Chairman offered that this agreement could also be made a part of the site plan. Brenda Ferro stated that doing so would go a long way with her concerns also. The Chairman stated that it was in everyone’s interest to make conditional requirements that would appease abutters. Cliff Plourde noted that another concern he had discussed with the applicant was potential damage caused by log trucks coming to the property as he shared a driveway with Mark Bilodeau. He noted that the applicant had agreed to be responsible for any repairs to the driveway for such damage. Don Duhaime stated that he noticed on
the plan that the driveway width was 12.5’ and asked what type of logging truck would be coming to the site. Mark Bilodeau replied that the trucks were tri-axle 40’ trucks that could easily maneuver the driveway. Christine Bilodeau added that these trucks typically carried 7 to 8 cords of wood. Don Duhaime asked if the logs being delivered to the site would be “cleaned”, i.e. not have any branches on them. Mark Bilodeau replied that that was correct.
The Chairman asked if there was a business sign proposed. Christine Bilodeau replied that they intended to park their truck at the end of their driveway and post a garage sale type sign on the truck that said “Firewood” Stu Lewin questioned a missing abutter to the north on the plan. Mark Bilodeau explained that Cliff Plourde owned the shared driveway on which he had a right-of-way.
The Chairman thought that a site walk was warranted. He noted that tonight’s comments should be added to the plan such as the natural buffer barrier Cliff Plourde had spoken about. He asked if this would be the same shrub line for the Ferro lot or if an additional shrub line would be required. Nick Ferro replied that it would be an additional shrub line. Christine Bilodeau noted that the two shrub buffer lines would form an “L” shape in relation to the abutting lots. Stu Lewin asked when log deliveries would be coming to the site. Mark Bilodeau replied that they would usually arrive between 5:00 p.m. and 6:00 p.m. but could sometime come between 7:00 a.m. and 8:00 a.m. Cliff Plourde noted that the delivery times sounded like they
would fall within the operating hours proposed. The Chairman agreed. Christine Quirk asked if the driveway culverts on site could handle the weight of the log trucks. Mark Bilodeau replied that they could.
Christine Bilodeau asked how they could be limited to not using a chainsaw on Sundays as they may, for example, want to clear brush on their property, etc. Mark Bilodeau added that although he would not have an issue with restricting Sunday cutting he asked that he be able to do some, for example, 9:00 a.m. to 2:00 p.m. as he worked full time and had limited time to do cutting during the week. Christine Bilodeau added that they owned a duplex on the site and rented to long time tenants who had never been bothered by their chainsaw usage. The Chairman asked the applicants if they found the hours for cutting on Sundays of 10:00 a.m. to 2:00 p.m. restrictive. Christine Bilodeau replied that she did not but wanted to make her point for the record. Cliff Plourde
noted that the applicants were not intending to do their cutting near the rented duplex portion of the home but that the cutting noise would travel uphill towards his property. Mark Bilodeau stated that he was doing most of the cutting in the front of the site down the hill but did not want to limit himself from using the uphill portion of his site. The Chairman asked if it was acceptable to state that the cutting would take place primarily in the front of the site. Mark Bilodeau replied that it was.
A site walk was scheduled for Thursday, June 28, 2007, at 6:00 p.m. The Chairman asked the applicants if they minded if abutters attended the site walk. Mark Bilodeau replied that he did not mind.
Stu Lewin MOVED to adjourn the application of Mark and Christine Bilodeau, Non- Residential Site Plan Review, Cordwood Processing and Sales, Location: 229 Joe English Road, Tax Map/Lot #14/44, Residential-Agricultural “R-A” District, to July 10, 2007, at 7:30 p.m. Don Duhaime seconded the motion and it PASSED unanimously.
BARSS, RAYMOND
BERNIER, LINDA A. & ROLAND R.
Submission of Application/Public Hearing
Minor Subdivision/Lot Line Adjustment
Location: Joe English Road
Tax Map/Lot # 14/55 & 14/56-1
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience was Bob Todd, LLS, who represented the applicants.
The Chairman stated that issues were raised at the site walk regarding the requirement of a Certified Erosion and Sediment Control Plan. Stu Lewin explained that this involved a question as to where the wetland border was given the presence of fern and spongy ground ahead of the delineated line. The Chairman asked who had delineated the wetlands on the site. Bob Todd, LLS, replied that he had done the delineation. He explained the that site overall had a relatively high water table with cinnamon fern seen outside of the wetland delineation. Bob Todd, LLS, clarified that the wetland delination was based on the presence of 3 parameters: hydrology, hydric vegetation and hydric soil indicators and if all 3 were not present then the site was not considered wetland.
He noted that the wet areas in question were dominated by flows from an abutting lot along with a slight swale. Don Duhaime asked if the water ponded before it reached an existing culvert on site. Bob Todd, LLS, replied that there may be slight depressions but there were generally flow channels in this area during rain storms. The Board had no other comments regarding this issue. The Chairman noted that the applicants had requested a waiver to the requirement of a Certified Erosion and Sediment Control Plan and 3 paper print copies of the soils mapping. Don Duhaime noted that there was a brook located at the back of the site and thought some type of an erosion control plan was warranted. The Coordinator offered that a note could be put on the plan that said if critical areas of the site were disturbed then a Certified Erosion and Sediment Control Plan would be required at the time of the Building Permit. Bob Todd, LLS, added that note
#15 on the plan stated that a 50’ buffer from the wetland would be undisturbed and it was important that the lot owners were aware of this as it could be an easy thing to violate. Don Duhaime noted that during the site walk Bob Todd, LLS, had stated that a Dredge and Fill Permit would be required if construction wanted to cross over a wet area to get to the back of the site. Bob Todd, LLS, replied this was correct but he was not promoting such a proposal. The Chairman suggested that the plan could include a note that building outside of the described area would require additional review by the Board. Bob Todd, LLS, clarified that given the plan design, building any further east would entail crossing a wetland and thus require a Conditional Use Permit and a Certified Erosion and Sediment Control Plan. Don Duhaime stated that the comment regarding the Dredge and Fill Permit was made during the site walk. Bob Todd, LLS, replied that it was
made as one never knew if that was an option that might be pursued, for example, if the lot owner wanted a more private setting. The Chairman asked if there was a note on the plan that stated no further subdivision would occur on the site. Bob Todd, LLS, replied that there was no such note but this could be added. The Chairman stated that he was willing to grant the waivers requested based on the note describing the building area requirements.
Don Duhaime MOVED to grant the waivers requested for the requirement of the Certified Erosion and Sediment Control Plan and 3 paper print copies of the soils map as requested in Bob Todd, LLS's, memo of 4/11/07, and based on a note being added to the plan indicating that crossing easterly into the wetlands would trigger the requirement for a Dredge and Fill Permit, Conditional Use Permit and Individual Stormwater Management Plan. Stu Lewin seconded the motion and it PASSED unanimously.
The Chairman asked the Coordinator if there were any other issues with the plan. The Coordinator replied that there were not other than accepting the application as complete.
Don Duhaime MOVED to accept the application of Raymond Barss and Linda A. and Roland R. Bernier, Minor Subdivision, Lot Line Adjustment, Location: Joe English Road, Tax Map/Lot # 14/55 & 14/56-1, Residential-Agricultural “R-A” District, as complete. Stu Lewin seconded the motion and it PASSED unanimously.
Don uhaime MOVED to approve the Minor Subdivision/Lot Line Adjustment Plan for Raymond Barss and Linda & Roland Bernier for Tax Map/Lot #14/55 & 14/56-1, Joe English Road, such that 1 new lot, #14/55-1, of 2 acres is created, and Parcel A of 0.135 acres is annexed from Tax Map/Lot #14/55 to #14/56-1, leaving #14/56-1 with 3.178 acres and #14/55 with 6.904 acres, subject to:
CONDITIONS PRECEDENT:
1. Submission of a minimum of four (4) blue/blackline copies of the revised plat, including all checklist corrections and any corrections as noted at this hearing;
2. Submission of the mylar for recording at the HCRD.
The deadline date for compliance with the conditions precedent shall be September 1, 2007, confirmation of which shall be an administrative act, not requiring further action by the Board. Should compliance not be confirmed by the deadline date and a written request for extension is not submitted by that date, the applicant is hereby put on notice that that the Planning Board may convene a hearing under RSA 676:4-a to revoke the approval. Stu Lewin seconded the motion and it PASSED unanimously.
Don Duhaime MOVED to approve Driveway Permit Applications #07-015 and
07-016 for proposed driveways, with the Standard Planning Board Requirements: the driveway intersection with the road shall be joined by curves of twenty foot (20’) radii minimum; and, the driveways shall intersect with the road at an angle of 60-90 degrees, with a -3% grade and swale.
Interested party John Bunting asked what the grade of the driveway would be after the - 3% and swale. The Chairman stated that the standard requirement was that the grade not exceed 10%. Christine Quirk noted that at the site walk the proposed driveway grade appeared level.
Stu Lewin seconded the motion and it PASSED unanimously.
NAPIERKOSKI, KATIE L. & CHAD P.
Compliance Hearing/Public Hearing
NRSPR/Dog Grooming Home Business
Location: 66 Parker Road
Tax Map/Lot # 3/136
Residential-Agricultural “R-A” District
The Chairman read the Compliance/Public Hearing notice. Present in the audience was Katie Napierkoski. No abutters or interested parties were present.
The Chairman noted that a compliance drive-by was done by Board members and asked if there were any issues. Stu Lewin questioned the snow removal area shown on the plan as he noticed at the drive-by that there were trees in this area. Katie Napierkoski replied that the snow removal area dipped down behind the trees in question and that snow storage was successfully placed there this past winter. Stu Lewin asked where cars would be parking as he noticed what he presumed to be the applicants’ cars outside of the garage. Katie Napierkoski replied that they normally parked in the garage but were outside because they were doing some renovations. She added that their cars would normally be inside the garage and there would be parking for two cars on the side of
the driveway. The Chairman noted that clients needed to be assured that they were not to back into the road when leaving. Stu Lewin added that the site came up fast when traveling along Parker Road due to a curve. Katie Napierkoski stated that the spot she would prefer to place a business sign for directional purpose was occupied by a large mailbox of an abutter. She wondered if it was on her property. The Chairman replied that it was likely in the Town’s right-of-way. Katie Napierkoski stated that clients would have turn around space to front out onto the road when leaving. The Chairman reiterated that it would be crucial to inform clients not to back into the road.
Stu Lewin MOVED to confirm that Katie & Chad Napierkoski have complied with the conditions subsequent to the approval of the site plan to operate a dog grooming home business from their property at 66 Parker Road, Tax Map/Lot #3/136, and to release the hold on the Certificate of Occupancy/Use Permit to be issued by the Building Department. Don Duhaime seconded the motion and it PASSED unanimously.
At 8:43 p.m. the Planning Board took a 10 minute break.
MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF JUNE 26, 2007
1. Approval of the minutes of May 22, 2007, with or without changes, distributed via email.
Christine Quirk MOVED to approve the minutes of May 22, 2007, as written. Don Duhaime seconded the motion and it PASSED unanimously.
2. Endorsement of a Subdivision Plan for Kenneth T. & Linda P. Diaz, Tax Map/Lot #12-3 5/10, Arrowwood Road, by the Planning Board Chairman & Secretary.
Due to multiple signature sheets the Chairman determined that this item along with endorsements noted in items #’s 3 and 4 could be addressed at the end of the meeting.
3. Endorsement of a Subdivision Plan for Douglas Hill, Christian Farm Estates, Tax Map/Lot #5/16, NH Route 136, a/k/a Francestown Road, by the Planning Board Chairman & Secretary.
4. Endorsement of a Subdivision Plan for Dorothy C. and Jessica Eisenhaure, Tax Map/Lot #14/98, McCollum & Meadow Roads & unclassified Class IV road, by the
Planning Board Chairman and Secretary.
5. Driveway Permit applications for Dorothy C. & Jessica Eisenhaure, McCollum Road, Tax Map/Lot #14/98-1 to 3, for the Board’s approval. (No copies)
The Coordinator explained that the above noted Driveway permit was inadvertently missed for approval at the time of the applicant’s subdivision approval. Christine Quirk asked if there had been any issues with these driveways. The Coordinator replied that there had not been.
Don Duhaime MOVED to approve Driveway Permit Applications #06-011, 12 and 13, for proposed driveways, with the Standard Planning Board Requirements: the driveway intersection with the road shall be joined by curves of twenty foot (20’) radii minimum;and, the driveways shall intersect with the road at an angle of 60-90 degrees. Christine Quirk seconded the motion and it PASSED unanimously.
6. A copy of a letter received June 19, 2007, from Dan Donovan, II, to New Boston Planning Board, re: driveway at 336 Bedford Road, was distributed for the Board’s review and discussion.
The Chairman asked if the Selectmen had discussed this item. Christine Quirk replied that it was an item in the Selectmen’s read folder. The Coordinator explained that the Road Agent and Planning Board would not have approved the Driveway Permit if there had been sight distance issues which was what the above noted letter claimed. Christine Quirk noted the Road Agent had informed her that there was much controversy between the Donovans and a neighbor about certain trees that were affecting sight distance and the Donovans now wanted the Town to investigate the matter as this neighbor refused to cut the trees. Don Duhaime thought that there might be a tree that was 2’ or 3’ from the edge of the road in the area of discussion that could be causing an
issue, however, he thought it was located closer to the Donovan’s property than to their neighbors'. The Coordinator asked Christine Quirk what the Road Agent’s opinion was. Christine Quirk replied that the Road Agent had no interest in the matter and did not wish to become involved. The Chairman noted that the Town did maintain the road edges to a certain extent, for example, with mowing. The Coordinator replied that mowing along the edges of roads in Town was for maintenance of sight distance and visibility but the Town would not be likely to cut a tree down unless it was a safety issue to the traveling public and was in the Town’s right-of-way. She reiterated that if the tree(s) in question had been an issue to affect sight distance then the Driveway Permit would not have been approved. The Chairman asked how long ago the Driveway Permit had been approved. The Coordinator replied that it had been approved in 2004 or
2005. Christine Quirk noted that the approval was before the 200’ sight distance requirement from either direction of a driveway was put into effect. The Coordinator replied that this was correct as that stipulation went into effect in 2006. The Chairman asked the Coordinator to write a letter to the Donovan’s stating that the driveway permit in question had been approved prior to the enactment of the Driveway Regulations to which Mr. Donovan seemed to be referring, and that it had been approved with no issues with sight distance. Any current perceived problems with trees in this location would have to be dealt with as a private matter with the neighbors in question.
7. A copy of a letter received June 18, 2007, from Robert A. Lefebvre, Chairman, New Boston Fire Department Building Committee, to New Boston Board of Selectmen, re: land for new fire station, was distributed for the Board’s information.
8. A copy of a letter received June 18, 2007, from New Boston Board of Selectmen, to Richard Herget & Carol Hayes, re: Stone Removal Operation, was distributed for the Board’s information.
9. A copy of an article from the Boston Globe, Thursday, June 14, 2007, titled Town tries a new approach to expand affordable housing, was distributed for the Board’s information.
10. A copy of an article from the New York Times, Thursday, June 14, 2007, titled Family Forestry, Generational Shifts Loom for Big Tracts of American Woods, was distributed for the Board’s information.
11. Daily road inspection reports dated June 4 and 5, 2007, from Northpoint Engineering, LLC, re: SHB Properties, LLC, were distributed for the Board’s information.
12. Read File: Notice of Public Hearing from the town of Epsom, Re: installation of a wireless telecommunication facility.
13. The minutes of June 26, 2007, were noted as having been distributed via email, for approval at the meeting of July 10, 2007.
14. Endorsement of a Subdivision Agreement for Douglas Hill, Christian Farm Estates, Tax Map/Lot #5/16, NH Route 136, a/k/a Francestown Road, by the Planning Board Chairman.
The Chairman endorsed the above noted Subdivision Agreement.
15. A copy of a letter dated June 26, 2007, from the New Boston Fire Department, to the Board, re: review of site and subdivision plans, was distributed for the Board’s review and discussion.
The Coordinator explained that the Fire Wards were uncomfortable reviewing the technical aspects of Site and Subdivision Plans and wanted the option to be able to forward them to an outside consultant, therefore, they were requesting that a certain amount of information be included in such plans in order that they could do so. Stu Lewin asked if this would require an amendment to the Subdivison Regulations. The Coordinator replied that the Fire Wards' opinions for the Board were always recommendations and not requirements but she was unsure what authority they would reference to send plans out for review. Christine Quirk suggested that if doing so was outside of the Fire Wards' scope then the Planning Board could do so. The Chairman thought that the Fire Wards could
notify the Board when they felt a plan they were reviewing was out of their scope but he did not see the point of adding an incremental step of sending plans to a fire engineer when the Fire Wards' comments on plan were recommendations only. Stu Lewin agreed.
16. A copy of a letter dated June 25, 2007, from Albert and Carol LaChance, to the Board, re: extension to conditions precedent, was distributed for the Board’s action.
The Coordinator explained that in their dealings with the Conservation Commission regarding the Open Space and conservation easements some language questions had arisen and the LaChances were unaware that their lawyer had made changes to the language of the easements regarding this, therefore, they were requesting an extension to their conditions precedent to allow more time for review.
Don Duhaime MOVED to extend the conditions precedent for Albert and Carol LaChance, Major Subdivision, Tax Map/Lot #2/112-2, “Pumpkin Lane”, 90 days from their original deadline date. Stu Lewin seconded the motion and it PASSED unanimously.
17. A copy of a letter dated June 22, 2007, from William Drescher & Cynthia Dokmo of Drescher & Dokmo, to the Board of Selectmen, re: increase in hourly rate, was distributed for the Board’s information.
18. Copies of the ZBA Notice of Decision dated June 21, 2007, re: Thibeault Sand and Gravel, LLC, were distributed for the Board’s information.
The Coordinator explained that the Building Inspector had denied the permit for the size of Thibeault Sand and Gravel, LLC’s signs on Parker Road because they were too large and the ZBA had upheld that denial.
19. Copies of the ZBA Notice of Decision dated June 21, 2007, re: Tony Eberhardt & Kimberly Messa (New Boston Health & Wellness), were distributed for the Board’s information.
20. Copies of the ZBA meeting minutes of June 19, 2007, were distributed for the Board’s information.
21. A copy of a memo dated June 26, 2007, from Nicola Strong, to the Board, re: Cul-de-sacs, was distributed for discussion at the meeting of July 10, 2007.
22. A copy of a memo dated June 26, 2007, from Nicola Strong, to the Board, re: Cisterns and Sprinklers, was distributed for discussion at the meeting of July 10, 2007.
The Coordinator wished to note that all the information pertaining to regulations related to the topics in item #’s 21 & 22 were copied to the Board also.
The Coordinator stated that the Napierkoski Site Plan needed to be endorsed by the Chairman and Secretary in addition to the subdivision plans noted in item #’s 2, 3 and 4. The Chairman and Secretary then endorsed these plans.
The Coordinator noted that the trial management conference for Golding vs. Town of New Boston (re: Right Way Builders, Inc.) was Thursday, June 28, 2007, and the oral hearing was July 2, 2007, at 10:00 a.m.
From the audience, John Bunting stated that he was pleased that a traffic study for Bedford Road was progressing as the upper portion of Bedford Road at the McCurdy Road area was a concern regarding density and the proneness to rain event flooding. He added that he hoped this study would consider the traffic that originated from the west and northwest of New Boston as many commuters from the towns of Greenfield and Francestown, NH, used Bedford Road as part of their traveling route. John Bunting noted that in consideration of long term planning he hoped that the Board would look at the possibility of making Middle Branch Road a paved surface from Francestown Road to Twin Bridge Road to NH Route 114 as those who traveled NH Route 136 would opt for that way of travel over Bedford
Road.
At 9:20 p.m. Don Duhaime MOVED to adjourn. Stu Lewin seconded the motion and it PASSED unanimously.
Respectfully submitted,
Suzanne O'Brien
Recording Clerk
Minutes Approved:
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