Minutes of the Planning Board
September 26, 2006
The meeting was called to order at 7:00 p.m. by Chairman Peter Hogan. Present were regular members James Nordstrom, Bob Furey and Don Duhaime; ex-officio Gordon Carlstrom; and, alternate Doug Hill. Also present were Planning Coordinator Nicola Strong, and Michele Brown, Planning Board Assistant.
Present in the audience, for all or part of the meeting, were Dave Walker, PE, Cyndie Wilson, Bob Todd, LLS, Jay Marden, Ken Lombard, Mark LeBlanc, Roch Larochelle, Cathy Conk Ryder, George Chadwick, LLS, Vincent Iacozzi, Jeff Hudson, Jim Edwards, Constance Brown, Andrew Prolman, Esq., Dave Gilbert, and Rob Starace.
DOUGLAS HILL CONSTRUCTION, LLC
Submission of Application/Public Hearing
Major Subdivision/24 Lots
Location: Francestown Road a/k/a NH Route 136
Tax Map/Lot # 5/16
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present were applicant Douglas Hill and engineer Dave Walker. Also present were Cyndie Wilson, Conservation Commission, Bob Todd, LLS, Jay Marden, Ken Lombard, Open Space Committee and abutter Cathy Conk Ryder.
Douglas Hill recused himself from the Board and remained seated in the audience. Dave Walker, PE, noted the location of the property and indicated Route 136 and Tucker Mill Road on the plans. He noted that the property consisted of 70 acres +/- and was proposed to be divided into 24 cluster lots with 1 open space lot. He further noted that the existing house would remain. Dave Walker, PE, then ran through the formula used to calculate the number of lots that could be created: 70 acres - 15% for utilities, etc. and 6.1 acres of wetland and 5.5 acres of steep = 48 developable acres / 2 acre minimum lot size = 24 lots. He then noted that the open space had to be 25% minimum of the total = 17.5 acres and 24 acres were provided which was, in fact, 35% of the
total. He noted that of the open space 4.1 acres was wet, 1.8 acres steep and there were 18.5 developable acres in the 24 acres provided.
Dave Walker, PE, stated that state permits were finally in hand: State Subdivision Approval #SSA2006007372; Dredge & Fill #2006-00319; Driveway Permit #319-06-04; and Site Specific #WPS-7557. He noted that a drainage study had been submitted.
Dave Walker, PE, noted that this application had been before the Board for an informational session in July 2005; a preliminary hearing in January 2006; a site walk was held on 2/11/06; and a conditional preliminary approval was granted at a work session on 2/28/06. He stated that a Traffic Study by Stephen Pernaw, PE, PTOE, had been submitted, as had a Fiscal Impact Study by Mark Fougere, AICP.
Dave Walker, PE, stated that one waiver requested for this property was to the cul-de-sac length which had been discussed in preliminary. The road would be 2,800' long. He reminded the Board that this allowed the existing frontage of the property to be preserved and that the loop road proposal that had also been discussed with the Board had created a much greater impact to the property and environment. Dave Walker, PE, continued by saying that the frontage lot with the existing farmhouse was 6.8 acres and the deed to the property would contain a restriction requiring that the house remain and the field below the house also remain intact.
Dave Walker, PE, noted that the second waiver request was for the submission of an Environmental Impact Study. He noted that the project avoided the wetlands except for one impact of only 1,638 s.f. and a Dredge & Fill Permit had been issued by the State for that crossing. He also noted that the subdivision provided more open space than required by the ordinance and that the NH Natural Heritage department had discovered no sensitive species in or around the project area.
Dave Walker, PE, pointed out that there would be a 30,000 gallon cistern and indicated the location on the plans. He then noted that he had reviewed the checklist corrections forwarded by the Coordinator and had no problem taking care of those items. Dave Walker, PE, went on to say that Lots #5/16, 5/16-23, -21, -6, -10, -11, -12, & -13 all had development sketches showing the driveway construction and that these had not changed from the preliminary application. He next noted that they had not yet submitted a bond estimate and would take care of that later. Dave Walker, PE, finished by noting that the NH DOT had required some sight distance enhancements to include cutting the banking back and installing a retaining wall to the south of the new development road.
Cyndie Wilson asked how the applicant proposed to guarantee that the open space remained open. Doug Hill stated that the legal documents contained the language that would require that the open space not be developed. He noted that the land would be owned in 1/24th shares by the lot owners in the subdivision. Cyndie Wilson stated that, in her opinion, the only way to guarantee the preservation of the land would be through a conservation easement. Doug Hill stated that he was not averse to such an arrangement. He gave Cyndie Wilson copies of his proposed covenants and she stated that she would bring the matter to the Conservation Commission for discussion.
Jay Marden asked if the existing farmhouse would retain its driveway onto Route 136. Doug Hill stated that the driveway to the existing house would be moved to access from the new road. He also stated that the use of the existing house and property would be for single family only with no subdivision allowed. He went on to say that the restriction on the property was not a blanket requirement that the property had to be maintained exactly as is, but that at least an effort would be made to keep some of the house intact.
Abutter Cathy Conk Ryder asked if there would be a stop sign at the end of the road. Dave Walker, PE, stated that there would be a standard stop sign and stop bar at the end of the road. Cathy Conk Ryder then asked if there would be cutting along Route 136 in both directions from the new road. Dave Walker, PE, identified the location of the required retaining wall and Doug Hill stated that they would be cutting just enough to meet the State's requirements for sight distance. Doug Hill also noted that he would be moving the stone wall back onto the property further which would make it look better. Cathy Conk Ryder asked if the subdivision would be limited to single family dwellings or if any businesses would be allowed. Doug Hill stated that home
businesses would be permitted. The Chairman pointed out that the covenants submitted for the property did not permit home businesses. Doug Hill stated that he would change that stipulation.
Bob Furey asked about the drainage study and the special outlet details for the detention ponds. Dave Walker, PE, indicated the location of the detention ponds on the plans and noted that the ponds were designed to match the existing conditions to the post construction conditions in terms of drainage. Bob Furey asked about the steel plate detail for ponds 2 & 3. Dave Walker, PE, stated that those plates were weir plates used to control the different storm frequency flow levels on the outlet side.
The Chairman noted that the Fire Wards had recommended that this subdivision have both sprinklers and a cistern. Doug Hill stated that he had chosen to install a cistern.
Bob Furey asked if the applicant had received the Road Committee's comments. Dave Walker, PE, stated that he had just received them and that they could comply with all the recommendations. Bob Furey's main concern was with the platform at the end of the road. Dave Walker, PE, stated that the State wanted no water from the subdivision draining onto Route 136. He noted that he would design the road to meet both the Town's and the State's requirements. He noted that there was a small wetland area quite close to the new road entrance and he would have to be careful designing a negative grade off Route 136 so that there was no impact to those wetlands. Roch Larochelle noted that the new road's 8% grade to Route 136 was going to make it difficult to get the
water off the side of the new road before the intersection. He noted that the Road Committee wanted to see as much of a platform as possible before the highway. Dave Walker, PE, stated again that he would look at the design and endeavor to make changes to satisfy everyone.
Jay Marden wished to note that he thought the subdivision regulations required either a cistern or sprinklers and he did not think it right to require this applicant to install both. The Chairman stated that the Planning Board's interpretation of the regulations was as Jay Marden had stated it: the applicant determined which they would prefer to install and the Fire Wards could recommend an additional cistern in circumstances that might require additional water supply. He noted, for example, if the subdivision was in a remote area of town, had overground power, a lot of brush, etc. Gordon Carlstrom noted that the Fire Wards had the ability to recommend a 10,000 gallon cistern if there were no water sources in the area to use for garage fires, or forest
fires. He thought that a 40 lot subdivision should have a cistern installed for those types of situations. James Nordstrom pointed out that the Fire Wards had made their recommendation but the Planning Board was not requiring that the applicant install sprinklers and a smaller cistern. The Chairman noted that this applicant had chosen to install a 30,000 gallon cistern.
The Chairman noted that the bond estimate for the road had not been submitted and that was a requirement for a completed application. The applicant and his engineer stated that they had not realized that this was a requirement for a completed application. Doug Hill stated that he had an estimate for the construction and asked if he could submit this. The Coordinator stated that the town had a bond estimate form that had to be used. The Chairman noted that a request for a waiver to the Environmental Impact Study had been submitted. He asked if the bond estimate went to Town Counsel. The Coordinator replied that the language of the bond would got to Town Counsel but the bond estimate was sent with the plans for review by Stantec.
Bob Furey asked about Stormwater Management Plans for the lots with steep slopes. Dave Walker, PE, stated that such plans had been submitted for 8 lots.
The Chairman asked the Board if they would consider waiving the requirement for submission of the bond estimate on the understanding that the applicant would deliver same to the office the following day. He noted that the alternative was to not accept the application as complete at this time.
Dave Walker, PE, asked the Board to waive the requirement of the submission of a bond estimate until noon the next day.
James Nordstrom MOVED to grant the waiver request for the submission of an Environmental Impact Study for Douglas Hill Construction, LLC, Tax Map/Lot #5/16, NH Route 136 a/k/a Francestown Road, per the letter dated September 8, 2006, from Dave Walker, PE. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to grant the verbal waiver request for the submission of a bond estimate for the new road for Douglas Hill Construction, LLC, Tax Map/Lot #5/16, NH Route 136 a/k/a Francestown Road, with the understanding that such an estimate will be submitted to the Planning Department by noon tomorrow. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of Douglas Hill Construction, LLC, Tax Map/Lot #5/16, NH Route 136 a/k/a Francestown Road, as complete, pending submission of the bond estimate by noon tomorrow. Bob Furey seconded the motion and it PASSED unanimously.
The Chairman noted that the plans would be sent to Stantec for review and the legal documents would be sent to Town Counsel for his review.
James Nordstrom MOVED to adjourn the application of Douglas Hill Construction, LLC, Tax Map/Lot #5/16, NH Route 136 a/k/a Francestown Road, to October 24, 2006, at 7:00 p.m. Don Duhaime seconded the motion and it PASSED unanimously.
INDIAN FALLS, LLC
Compliance Hearing/Major Subdivision/14 Lots
Location: Bedford, McCurdy & Campbell Pond Roads (Indian Falls Road)
Tax Map/Lot # 12/89
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience was applicant Mark LeBlanc.
Doug Hill took a seat at the Planning Board table. The Chairman asked what the most recent site walk was that the Planning Board had conducted. James Nordstrom stated that he had been onsite about 3 weeks ago. Mark LeBlanc stated that he had followed through with all Stantec's issues and Seth Potter, the inspector, had been on site a couple of weeks ago. James Nordstrom noted that the Board was in receipt of a letter from Stantec noting that all the punch list items had been taken care of. Mark LeBlanc stated that John Riendeau, Road Agent, had also agreed that the road was fine the previous week.
Jay Marden asked about protected land in the subdivision. Mark LeBlanc explained what was protected in the deeds. Cyndie Wilson stated that the best way to protect land was with a conservation easement. Mark LeBlanc pointed out that at the time of subdivision approval the Conservation Commission was not interested in such an easement so the language had been included in covenants and deed restrictions. The Coordinator confirmed that as a correct summary of events. Cyndie Wilson stated that she would get a copy of the language of the covenants and show it to the Conservation Commission.
The Chairman asked when the Board would be available to conduct a site walk. The site walk was scheduled for Tuesday, October 3, 2006, at 6:30 p.m.
The Chairman next noted that there was no language in place for the maintenance bond requirement. The Coordinator explained that the letter of credit submitted by the applicants at the time of subdivision approval was to guarantee performance of the conditions of the subdivision, i.e. construction of Indian Falls Road. She noted that she did not think this letter of credit could just be reduced to the maintenance amount without some additional changes to the language of the document. The Chairman suggested that the applicant take the next couple of weeks to figure out what to submit for a maintenance bond in the amount of $43,541.00. The Coordinator noted that this was the first application that had included this requirement to come for compliance and the Board
currently had no template for a maintenance bond.
James Nordstrom MOVED to adjourn the application of Indian Falls, LLC, Bedford, McCurdy and Campbell Pond Roads, Tax Map/Lot #12/89, to October 10, 2006, at 9:00 p.m. Bob Furey seconded the motion and it PASSED unanimously.
This will be an informational session with Vista Road, LLC to discuss the potential development of Tax Map/Lot# 6/33 & 6/40-2, Byam Road, Wilson Hill Road and River Road a/k/a NH Route 13.
The Chairman read the public hearing notice. Present were Vincent Iacozzi, director of development for Thibeault Corporation, and George Chadwick, LLS, of Eric Mitchell & Associates. Also present were Cyndie Wilson, Jay Marden, Ken Lombard, Roch Larochelle, and Bob Todd, LLS.
Vincent Iacozzi noted that Thibeault Corporation was a substantial landowner in New Boston and that when they had read the Master Plan update they felt that this was the right time to present some concepts for development of some of Thibeault's parcels in advance of any final designs.
Vincent Iacozzi noted that this piece of land, Tax Map/Lot #6/40-2 and 6/33, was approximately 198 acres and had been presented to the Board previously as a 55 lot single family cluster development. He went on to say that the engineers had gone back and looked at the plans, the development costs, the impact on slopes, septic designs and aesthetic and open space considerations and came up with a different concept. This concept included two different development areas, with one cluster design of units on the upside of the hill and one in the area of Byam Road. He noted that the uphill cluster would be higher end townhouse designs in clusters of three and four units and the area of Byam Road, closer to the highway, would be designed with housing for an over-55 community
and affordable housing, two items that New Boston was currently lacking. Vincent Iacozzi noted the approximate cost of the over-55 houses would ideally be between $240 - 270K. He also noted that the over-55 units would be 2-bedroom while the other units would be 3 & 4 bedroom.
Vincent Iacozzi next noted that this concept increased the open space by 60 - 70 acres because the road did not extend as far into Lot #6/33 as it did previously (road length reduced by 1,200 - 1,250'). He noted in total that there would be 22 buildings with 81 units on 198 acres. He further noted that the subdivision would be serviced by a community water system. Vincent Iacozzi went on to say that the town required a second egress and the plan provided that by entering from Byam Road and extending to the end of Swanson Road. He noted that Wilson Hill Road would not be used at all and would remain Class VI. He also noted that the Byam farm would be renovated and remain single family.
Vincent Iacozzi asked the Board for comment, noting that he did not know if the plans had been sent to all town boards and departments and that he would like to receive input over the next 3 - 5 weeks to be able to plan either going to the ZBA for variances or to town meeting for approval of an overlay district. He noted that overall this was a better use of the land and eliminated many of the problems that had been present in previous designs.
Doug Hill asked the footprint of the buildings. Vincent Iacozzi noted that the buildings would be approximately 3,000 s.f., about 1 1/2 times the size of a fairly large single family house, and that some of the buildings would be 3 unit and some would be 4. He noted the unit size to be between 900 - 1,200 s.f. He noted that all the units would have garages and some would have walk out finished family rooms to use the contour of the property to its best advantage.
Jay Marden asked about the open space. Vincent Iacozzi noted that everything on Lot #6/33 to the east of the ravine would be open space and everything 100' from the rear of the units would also be open space. He noted that there would be a community water system and group septics utilizing more sophisticated systems. Vincent Iacozzi added that the units would be basically single floor living with some having bedroom loft areas. He noted that the end units would have 2-stall garages while the middle units would have single stall garages.
Jay Marden asked about fire fighting water supply. Vincent Iacozzi thought that sprinklers would be the way to go with the units and suggested that a 5,000 gallon cistern for the convenience of the Fire Department could be discussed. He thought that because of the density of the units the insurance company and the fire marshall would require sprinklers and Thibeault Corporation would be willing to discuss a convenience cistern.
Vincent Iacozzi noted that Thibeault Corporation planned to make similar concepts to this one for their other gravel pit areas and other land in town. He noted that some of the other land was zoned commercial and some was residential but he wanted to get these things in discussion for 3, 4 or 5, years out so the town could agree to the proposals.
In response to a question from Jay Marden, Vincent Iacozzi noted that the units in this concept would be condominiums and sales, there would be no rentals. He noted that the open space could be deeded to the homeowners or to the town via a conservation easement. He noted that the over-55 units would have restrictions built in to keep them permanently over-55.
Gordon Carlstrom asked if any common areas had been planned, e.g. clubhouses or pools. Vincent Iacozzi stated that Thibeault Corporation envisioned providing passive recreation opportunities with the open space but had not discussed any active areas. He noted that other sites may be conducive to providing some recreational opportunities for the town and those could be discussed over the next few months as he brought more concepts to the Board. The Chairman asked where Thibeault Corporation envisioned the new school would be located. Vincent Iacozzi stated that discussion could and would be had at a future date. He went on to say that they were not far enough into the design of this particular concept to have provided any recreational areas for the residents of
the subdivision. Vincent Iacozzi did note that there had been some discussion about providing gravel parking off Wilson Hill Road to allow access to the open space. He noted that this needed discussion with the town because the Class VI road would require improvement to prevent washouts.
Bob Furey asked if the road building would be phased. Vincent Iacozzi and George Chadwick, LLS, noted that the community water system was tied closely to the road layout and it would be unlikely that the road construction could be phased although the unit development very likely could be phased. Bob Furey asked for further details about the water system. George Chadwick, LLS, stated that the system was basically two large wells to meet the State criteria and that the system would either be sold or put under management contract with a private water company or the homeowner's association could control the system and the contract. Don Duhaime asked about a holding tank. Vincent Iacozzi stated that the last development he had done of 25 units included a 30,000
gallon holding tank with redundant pumps and filtration mechanisms as required by the State.
The Coordinator noted that the current zoning of this property at R-A would not permit the development as conceptually designed by the applicant. She noted that the Master Plan did indeed include discussion of a multi-family overlay district and also of affordable housing. She further noted that the overlay district was to include standards for such development such as the number of units that could be permitted based on soils types, slopes, location and may also include an architectural and aesthetic portion. The Coordinator noted that the Board had previously prioritized their zoning changes for this year to be the cluster regulations and wetlands district. At this time, therefore, the Coordinator thought that the applicant's options would be to approach the Zoning
Board of Adjustment (ZBA) for variances to allow what they wanted to do in the R-A district, or wait until next year when a multi-family overlay district would be considered by the Board.
Vincent Iacozzi stated that he could submit this application as a cluster and present a warrant article to the town for an overlay district which would dovetail into the Master Plan recommendations. The Coordinator stated that she had never heard of an overlay district being designed for one piece of land only and the Master Plan Committee had thought that the overlay district would be written to be able to apply to every piece of land in town and the criteria for multi-family would either work or not for that land.
The Chairman noted that this was a neat and interesting plan. Cyndie Wilson was impressed with the revision to the plans and noted that she would bring it to the Conservation Commission at their October meeting. She noted that further discussion would be needed to determine how best to manage the open space. Vincent Iacozzi noted that deeding the land in 1/81st interests to the homeowners with restrictions on building, cutting, disturbance was another option to consider.
George Chadwick, LLS, asked to be scheduled at a future meeting to keep the momentum going. Michele Brown asked for more plan copies to distribute to other departments for their comment.
James Nordstrom MOVED to adjourn the information session for Thibeault Corporation to October 24, 2006, at 7:30 p.m. Bob Furey seconded the motion and it PASSED unanimously.
SHB PROPERTIES, LLC
Submission of Application/Public Hearing
Major Subdivision/7 Lots
Location: Pulpit, Bedford & Campbell Pond Roads
Tax Map/Lot # 12/65
Residential-One “R-1” District
The Chairman read the public hearing notice. Present was applicant Jeff Hudson and Jim Edwards of Meridian Land Services. Also present were abutter Constance Brown, Dave Gilbert of the Bedford 3-Corners Homeowner's Association and Andy Prolman, Esq. Also present were Cyndie Wilson, Roch Larochelle, Jay Marden, Ken Lombard and Bob Todd, LLS.
Jim Edwards noted that these plans had been before the Board during the preliminary process. He noted receipt of the checklist review and stated that the corrections had been made to the plans. He went on to orient everyone with the location of the subdivision and noted that the previous lot configuration and road layout remained the same.
Jim Edwards stated that NH DES had approved the wetland crossings, including the one for the driveway off Bedford Road on the understanding that the driveway would never be built in that location and would come off Pulpit Road instead. He next noted that the Board of Selectmen had approved the upgrade of a portion of Pulpit Road to Class V for the new cul-de-sac and that the remaining portion towards Bedford would not be impacted. He noted that sight distance from Pulpit Road onto Bedford Road was good in both directions.
Jim Edwards noted that slope and drainage easements were incorporated into these plans. He pointed out non-disturbance areas that had been set aside to meet requirements of the Wetlands Board and NH Fish and Game. He went on to noted that Pulpit Road entered the property at a gentle grade -2 or -3% and the rest of the road was about 1%, and all the driveways to the lots were off Pulpit Road. Jim Edwards noted that the plans contained cross sections, erosion control plans, drainage details, wetland crossing details, stormwater management plans, and a drainage report had been submitted as part of the application. He also noted submission of a traffic study and a waiver request for environmental and fiscal impact studies. He stated that the applicant hoped to have
the application accepted as complete so that the town's engineer could begin review of the plans.
Cyndie Wilson asked how the non-disturbance areas were defined and if there would be easements in place for those areas. Jim Edwards stated that there would be non-disturb easements and that they had agreed with the State that the lines around these areas would be straight so that they could be marked in some fashion so the property owners would know where they were. Jay Marden asked if the legal documents included that there could be no mining, no tree cutting, and that the land had to be left in a natural state. Cyndie Wilson asked if any party would be responsible for monitoring these areas. Jim Edwards stated that the applicants had agreed with the State to set these areas aside. Jay Marden asked who a property owner would contact in the event that another
owner disturbed one of these areas. Jim Edwards thought that any of the property owners could enforce the conditions and that any violation would be handled as a civil matter. He thought they could contact the Wetlands Bureau since that was where the stipulation for the non-disturb areas came from. Cyndie Wilson noted that the areas as shown on the plan would be cumbersome for any agency to monitor and it was unlikely that the Conservation Commission would be interested in taking it on. She thought that the State was probably interested in this area because of its proximity to the large Campbell Swamp.
Jay Marden asked about the section of Pulpit Road that the applicant had not yet discussed - the part that currently entered onto Bedford Road and from which two or three lots gained access. Andy Prolman, Esq., welcomed the opportunity to discuss this issue, noting that he represented Constance and Robert Brown. He noted that the result of SHB Properties' proposal, and the Board of Selectmen's agreement, to discontinue the beginning portion of Pulpit Road, was to cut his client's driveway off. He further noted that the Browns did not object to the subdivision proposal and did not wish to hold up plan acceptance by the Board but they did not want to jeopardize their access to their property. Andy Prolman, Esq., noted that there had been no surveying or title work to
establish ownership of the triangle of land between Pulpit and Bedford Roads. He noted that his clients had been told by SHB Properties not to worry about their driveway but there was the strong possibility that there would be problems with their driveway in the future and the time to deal with the issue was now while it was all still on paper. Andy Prolman, Esq., submitted a letter to the Board outlining his client's concerns.
Jim Edwards noted that the applicant's approach to the Selectmen had been two-fold. Their first proposal was to upgrade the middle portion of the road to Class V standards and then because SHB had no interest in the existing entrance the Board of Selectmen could abandon the road and have the land revert to the property owners and SHB would have no problem with that scenario. He noted that the issue was really up to the Selectmen. Jeff Hudson stated that one of the first things they did was to meet with the Board of Selectmen who asked them to communicate with Bill Drescher, Esq. He noted that they had met with Bill Drescher, Esq., and copied everyone the letter they came up with detailing the agreement they had with regard to Pulpit Road. Jeff Hudson stated the
options were presented to the town for the town to decide what to do with the road. He noted that SHB Properties had assisted the Selectmen by contacting the relevant parties to get them involved in discussion with how the driveways may come onto Bedford Road if Pulpit Road was to be discontinued. Jeff Hudson went on to say that if the Town continued to plow the beginning section of Pulpit Road they would provide access to the new part of Pulpit Road to allow the plow trucks to turn around easily. He noted that SHB Properties had done everything the Selectmen had asked them to do and that they were not asked to do any survey work of the triangle of land mentioned by Atty. Prolman. He understood this to be a town issue and nothing to do with SHB Properties.
Andy Prolman, Esq., pointed out that no matter where Jeff Hudson stated the property line was for this particular subdivision the fact was that Pulpit Road would not be under discussion for discontinuance in this area if it was not for the SHB Properties subdivision application. He noted that because of the project his client's driveway was in jeopardy.
Gordon Carlstrom did not recall the situation in quite the same fashion as Jeff Hudson and stated that he would bring it up again at the next Selectmen's meeting. Jeff Hudson said that the ownership of the triangle of land between Bedford and Pulpit Roads was uncertain, but that Mark Ciarla had indicated that whatever needed to be done to make the driveways work would be done. He also noted that the Road Agent had said that he would do what he could to make it work out.
The Coordinator noted that her understanding was that the Ciarla's owned a portion of the triangle between Bedford and Pulpit Roads and it was uncertain who owned the rest and she thought that at one time it was assumed the Town owned it and would be willing to give it to the Browns to make their driveway work. She also noted that the Ciarla's lot in back was accessed over an easement which could be extended over land also owned by the Ciarla's to get to Bedford Road, but that the Browns were also involved and would need to get an easement from the Ciarlas to get to Bedford Road. She also noted that the plowing of Pulpit Road was a holdover from 1952 when Pulpit Road was discontinued by the Town but the town kept plowing as a favor to Mr. Klardie, a longtime town
resident.
Roch Larochelle asked why the town would not discontinue the portion of Pulpit Road between the cul-de-sac and the Bedford/New Boston town line. Gordon Carlstrom said that the Selectmen wanted to keep the road in case it was needed for a utility easement or access easement of some kind or fire road in the future. He noted that this Board did not like to give up anything the town already owned and thought it was better to keep it than try to get it back in the future. Roch Larochelle asked if the road was used at all today. Gordon Carlstrom stated that it was a Class VI road and, as such, open to the public. Roch Larochelle noted the Road Committee's concern that there may be a future active connection to Bedford in this location.
Dave Gilbert of the Bedford 3-Corners Homeowner's Association identified himself and stated that he understood that New Boston would be putting up a fire gate and that the homeowner's association had no problem with that. He noted that the road in this location was a cow path. He wondered if the block would be at the end of the cul-de-sac. The Board noted that they preferred to see boulders be placed rather than a gate and that it would have to be more towards the town line than right off the cul-de-sac.
The Chairman asked the Board to consider the waiver requests for the fiscal and environmental studies. James Nordstrom asked about the Wetlands Bureau requirement for the non-disturb areas because it was very unusual to see such a stipulation on a plan. Jim Edwards stated that it was not just the Wetlands Bureau but Fish and Game as well. He noted that there were wetlands, a brook and swamp either on or near the property that were all interconnected. James Nordstrom offered that the State had required this for some reason in order for the permit to be issued. This was not denied by Jim Edwards or Jeff Hudson.
James Nordstrom MOVED to grant the waiver request for the environmental impact study for SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads, noting that anything that would have come from such a study had been effectively taken care of by the non-disturb areas being shown on the plans. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to grant the waiver request for the fiscal impact study for SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads, as complete. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to adjourn the hearing for SHB Properties, LLC, Tax Map/Lot #12/65, Bedford, Pulpit and Campbell Pond Roads, to October 24, 2006, at 8:00 p.m. Bob Furey seconded the motion and it PASSED unanimously.
LOCUS FIELD, LLC
Submission of Application/Public Hearing/Subdivision/NRSPR/Condominium
Location: Salisbury Road & Kettle Lane
Tax Map/Lot # 13/15-3
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present was Bob Todd, LLS, and Rob Starace of Locus Field, LLC.
Bob Todd, LLS, noted that this application was similar in every way to the previous ones reviewed by the Planning Board for this applicant and subdivision except that the property fronted on both Salisbury Road and Kettle Lane. He noted that State Subdivision Approval was in hand and that the building and improvements were in place and ready for inspection.
The Chairman noted that there were waiver requests for erosion control plans, fiscal, traffic and environmental impact studies.
James Nordstrom MOVED to grant the waiver requests as listed in Bob Todd, LLS's
memo of August 25, 2006, for Locus Field, LLC, Tax Map/Lot #13/15-3, Salisbury Road and Kettle Lane. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of Locus Field, LLC, Tax Map/Lot #13/15-3, Salisbury Road and Kettle Lane as complete. Bob Furey seconded the motion and it PASSED unanimously.
The Chairman asked how the Board wanted to handle the need for a site walk to confirm compliance. He noted that this applicant had consistently done all that was required of him and his site improvements were always done according to plan. He noted that he would be in favor of approving the subdivision and require only a drive by compliance inspection by the Board rather than having to come back for a hearing that would tie up the Board and the applicant. The Board agreed.
James Nordstrom MOVED to approve the Condominium Subdivision and Site Plan, Unit A & Unit B, Locus Field, LLC, Tax Map/Lot #13/15-3, Salisbury Road and Kettle Lane subject to:
CONDITIONS PRECEDENT:
1. Submission of a minimum of four (4) revised site plans that include all of the
checklist corrections and any corrections as noted at this hearing;
2. Submission of a suitable mylar for recording at the HCRD;
3. Execution of a Site Review Agreement;
4. Submission of revised Declaration of Condominium.
5. Submission of any outstanding application fees and the fees for recording the Site Review Agreement at the HCRD.
The deadline date for compliance with the conditions precedent shall be October 9, 2006, the 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 the Planning Board may convene a hearing under RSA 676:4-a to revoke the approval.
CONDITIONS SUBSEQUENT:
1. All site improvements are to be completed as per the approved site plans.
2. The Town of New Boston Planning Department shall be notified by the applicant that all improvements, have been completed, and are ready for final inspection.
3. Any outstanding fees related to the site plan application compliance shall be submitted;
4. A minimum of three (3) Planning Board Members shall drive by to confirm that the site improvements have been satisfactorily completed, prior to releasing the hold on the issuance of any Permit to Operate/Certificate of Occupancy, or both. No occupancy/use of the building shall be permitted until the site improvements as noted have been completed, and satisfactorily inspected by the Planning Board.
The deadline for complying with the Conditions Subsequent shall be November 14, 2006, the confirmation of which shall be determined as noted in item #4 above.
Bob Furey seconded the motion and it PASSED unanimously.
Miscellaneous Business and correspondence for the meeting of September 26, 2006, including, but not limited to:
1. Approval of minutes of August 22, 2006, with or without changes, distributed at the September 12, 2006, meeting. (No Copies)
James Nordstrom MOVED to approve the minutes of August 22, 2006, as written. Doug Hill seconded the motion and it PASSED unanimously.
2. The minutes of September 12, 2006, were distributed for approval at the meeting of October 10, 2006, with or without changes.
3. Endorsement of a Site Review Agreement for Damian & Sonia Martineau, River Road, (NH RT 13) Tax Map/Lot# 3/127, by the Planning Board Chairman.
The Chairman endorsed this Site Review Agreement.
4a. Letter copy dated September 15, 2006, from Michele Brown, Planning Board Assistant, to Earl Sandford, Sandford Surveying & Engineering, Re: Tax Map/Lot#6/32-30, Swanson Road, clarification of “basic compliance”, for the Board’s information.
4b. Faxed letter dated September 18, 2006 to New Boston Planning Board, from Earl J. Sandford, L.L.S., Re: driveway compliance for Tax Map/Lot#6/32-30, Swanson Road, for the Board’s action.
The Board noted that Earl Sandford, PE's, letter indicated that the driveway was not in complete compliance. James Nordstrom noted that it depended on how finicky the Board wanted to get as to what action they should take. He noted that the driveway was an inch too high for a distance of 50' or less. He thought that in general 1" was an acceptable tolerance. Gordon Carlstrom noted that the driveway was already constructed and the Board should let it go. The Chairman thought that the Board should make the applicant get it right. The Coordinator noted that the CO for the property had already been issued. In light of this the Board determined to take no action on this particular property but to send a letter to the applicant noting that in future
the driveways should be installed at 10% or less and the tolerances should be built in during the design stages so that this does not happen again. James Nordstrom noted that a small deviation in this case had been deemed to be OK but the Board may not be so lenient in the future.
The Chairman signed the final driveway permit.
5. Letter copy received September 15, 2006, from Morgan A. Hollis, Gottesman & Hollis P.A., to Town of New Boston, Board of Selectmen, Re: Louis Rumore, Tax Map/Lot #’s 8/77 & 8/78, was distributed for the Board’s information.
6a. Notice of Decision dated September 20, 2006, from New Boston Zoning Board of Adjustment, Re: Craig Heafield’s property, River Road, was distributed for the Board’s information.
6b. Copy of Town of New Boston, Zoning Board of Adjustment draft meeting minutes of September 19, 2006, Re: Craig Heafield, was distributed for the Board’s information.
7. Email copy received September 15, 2006, from David Preece, SNHPC, to New Boston Planning Board, Re: SNHPC Planning Board Training, was distributed for the Board’s information.
8. Letter copy dated September 14, 2006, from Robert P. Minicucci II, PE, Hazardous Waste Remediation Bureau, State of New Hampshire, DES, to Mr. Timothy Brecheen, New Boston Air Force Tracking Station, Re: Comprehensive Site Evaluations for Clearance of Ordinance, was distributed for the Board’s information.
9. Discussion, Re: David Plantier, Bedford Road. (David Plantier to be present)
The Coordinator noted that Mr. Plantier would not in fact be present but she could fill the Board in on his concerns. She noted that David Plantier had an $11,000 +/- wetland crossing security to submit for two driveway crossings as part of his recent 4-lot subdivision. She noted that Mr. Plantier asserted that by requiring submission of this money the Board was ensuring that the land would be developed when his intent was to keep it open for his children or some other undetermined future event.
James Nordstrom noted that Mr. Plantier had submitted a four lot subdivision application. Don Duhaime noted that if, as he had stated during the application process, Mr. Plantier only needed to create one new lot as part of a divorce proceeding he should have submitted for just one lot. The Board noted that they would proceed with this as with any other application unless Mr. Plantier wanted to come to a meeting to discuss the matter further with the Board.
10. Driveway Permit Application for David and Alexis Plantier, Bedford Road, Tax Map/Lot #12/71-2, 12/71 & 12/71-3 & 12/71-4, for the Board’s action. (No copies)
James Nordstrom MOVED to approve the Driveway Permit Applications #06-018, 06-019, & 06-020, for Lots #12/71-2, 12/71 & 71-3, and 12/71-4 respectively, with the standard Planning Board requirements: this permit requires two inches (2") of winter
binder (pavement) to be applied to the driveway to a minimal distance of twenty-five feet (25') from the centerline of the road; the driveway intersection with the road shall be joined by curves of twenty foot (20') radii minimum; and, the driveway shall intersect with the road at an angle of 60 - 90 degrees. Don Duhaime seconded the motion and it PASSED unanimously.
11. Endorsement of a Subdivision Plan for David and Alexis Plantier, Bedford Road, Tax Map/Lot #12/71 & 12/82, by the Planning Board Chairman and Secretary. (Do not date)
This plan was endorsed by the Chairman and Secretary at the end of the meeting.
12. Memorandum dated September 26, 2006, from John Riendeau, Road Agent, to the Board, Re: Ouellette Circular Driveway, Carriage Road, Tax Map/Lot #12/93-30, for the Board’s information.
The Coordinator noted that she would forward this memo to Bill Drescher, Esq., to see how it fit into the picture before discussing with the Selectmen how to proceed in this matter.
13. Memorandum received September 25, 2006, from the Open Space Committee to all Town Departments, Committees and Commissions, Re: An Open Space Plan for New Boston, Meeting on October 16, 2006, at 7:30 pm, for the Board’s information.
The Coordinator noted that there was some confusion on Jack Munn, SNHPC's, part regarding the committee that would work on the cluster regulations and wetlands conservation district changes. She noted that Jack thought the Open Space Committee would be handling everything as well as helping with the open space inventory for the Open Space Plan that the Commission would be preparing for the town. The Coordinator noted that a separate committee was to be established to take care of the zoning changes this year. She noted that after this October 16th meeting a request for volunteers to be on the committee would be made. She hoped that the Planning Board would take an active role in the regulation drafting since they were the ones with responsibility for
administering the regulations.
14. Discussion re: engineering proposals for the October 3rd meeting.
The Coordinator reminded the Board of the meeting with prospective town consulting engineers on Tuesday, October 3, 2006. She distributed section copies of the proposals from the three companies that were coming for interviews and asked the Board to come up with some questions to ask the candidates.
At 10:15 p.m. James Nordstrom MOVED to adjourn. Bob Furey seconded the motion and it PASSED unanimously.
Respectfully submitted,
Nicola Strong
Planning Coordinator
Minutes approved:
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