Planning Board
August 18, 2009
Members Present: Tom Vannatta, Chair; Barbara Freeman, Vice-Chair; Deane Geddes, Bruce Healey, Bill Weiler; Ron Williams, Alternate; Ken McWilliams, Advisor
Mr. Vannatta called the meeting to order at 7:05 p.m. and advised the Board that he would like to recess this meeting so that the Board may convene in another meeting room to confer with Town Counsel regarding issues involving a public hearing to be held at 7:30 p.m.
Mr. Powell made a motion to recess the meeting. Mr. Weiler seconded the motion. All in favor.
The meeting recessed at 7:06 p.m.
Mr. Weiler made a motion to reconvene. Ms. Freeman seconded the motion. All in favor.
The meeting reconvened at 7:30 p.m.
Mr. Vannatta appointed Mr. Williams as a voting member for this meeting.
CASE: 2004-006: Angel Hawk Subdivision - Jamie Gould aka Advanced Conception Property Development, LLC – Public Hearing for Consideration of Revocation
Notice is hereby given that the Newbury Planning Board will conduct a public hearing on August 18, 2009 at 7:30 pm to consider revoking a part of the Angel Hawk Subdivision owned by Advanced Conception Property Development, LLC as provided by RSA 676:4-a Revocation of Recorded Approval. Specifically, the part of the Angel Hawk Subdivision the Planning Board will consider revoking includes Lot 4, (Tax Map #048-599-104), Lot 6 (Tax Map #048-599-106), Lot 7 (Tax Map #048-599-107), Lot 8 (Tax Map#048-599-108), Lot 10 (Tax Map #048-599-110), Lot 11 (Tax map #048-599-111), and Lot 12 (Tax Map #048-599-112).
The reason the Planning Board is considering revoking that part of the Angel Hawk Subdivision specified above is that the owner of Angel Hawk Subdivision has failed to provide the surety for the completion of the subdivision improvements.
This public hearing will take place at the Newbury Town Office Building, 937 Route 103, Newbury, NH.
Mr. Weiler made a motion to begin the Public Hearing for consideration of the revocation of the Angel Hawk Subdivision. Mr. Williams seconded the motion. All in favor.
There being no discussion among the Board, Mr. Vannatta opened the hearing to the public.
Mr. Vannatta instructed those members of the public present to speak only to the revocation.
Robert Wright, Selectman Liaison for the Town of Sutton, thanked the Newbury Planning Board for extending the courtesy of notifying Sutton of this hearing for consideration of revocation of the Angel Hawk Subdivision. On behalf of the Town of Sutton, he expressed concern for the portion of Nelson Hill Road that is in the Town of Sutton. Mr. Wright emphasized that Sutton’s concern in this matter is limited to whether or not the applicant meets the obligations stated in the conditions for approval as they pertain to the portion of Nelson Hill Road that is in Sutton. Finally, Mr. Wright expressed his appreciation to the Newbury Planning Board for acknowledging Sutton’s interests in this subdivision.
Jason Craven, Esq., Counsel to represent United Construction and LaValley Building Supply asked for clarification on the revocation. He asked if the hearing was an outright revocation or a limited revocation of the Angel Hawk subdivision. Mr. Craven stated that he would like to express objection to the Board’s determination that the Angel Hawk Subdivision should be dissolved. He explained that United Construction and LaValley Building Supply both have property interests in specific lots in this subdivision. Mr. Craven stated that any revocation that affects those lots as they stand would wipe out their property rights and would be a violation of the constitutional rights of these companies. The financial interests of United Construction and LaValley Building Supply have been separately
recorded at the Merrimack County Registry of Deeds as required by law and should be honored by the Board.
Christine Nelson, abutter to Angel Hawk Subdivision, asked if there are any requirements set by the Board to maintain the rock walls that run along the perimeter of the subdivision.
Mr. Vannatta reiterated that the only discussion the Board would enter into this evening is consideration of possibly revoking the subdivision.
Diane Felsted-Jones, on behalf of herself and her husband, read a letter as follows:
Before we purchased property in Angel Hawk in 2006, we confirmed the existence of a letter of credit guaranteeing both completion of road work on Nelson Hill Road South and Chapin Way and power to the development. When problems and delays became apparent with the original developer, we attended several planning board meetings to receive updates on Angel Hawk and the status of the letter of credit. We eventually discovered that due to the town's negligence, this letter of credit was allowed to expire. When we were told of this oversight, we were assured via a phone call by Barbara Freeman that we would not be negatively affected by this error.
This error not only caused concern for the roads, but left us responsible for getting power to the development. As a result, we purchased another lot in the development, specifying that monies from the lot be used to get power to the street. In the meantime, we spent approximately $500 weekly ($8000 total) running our generator to heat and power our home during construction.
Before the Planning Board makes the decision to dissolve Angel Hawk, we request that the following concerns and questions be addressed.
CONCERN&
I. According to the Planning Board, Nelson Hill Road South is a hazardous road. Without a development, the road will not be improved. A possible fiture developer is unlikely, since the value of the remaining lots is less than the town's estimate to improve Nelson Hill Road South and Chapin Way. Even if it takes the current developer several years to bring both roads up to town code, it is still better than never. Allowing the current developer to sell lots and apply that money to the repair of the road between Sutton Road and Chapin Way would be our best chance to remedy the problem.
It is our opinion that the values of our properties will be greatly reduced if this Planning Board dissolves the development. Since the "upscale neighborhood" we supported may no longer exist, tt will limit our opportunity to sell Lot #3 and decrease the value of our home.
Actions by the Board to dissolve Angel Hawk will deprive us of the neighborhood we bought into if the remaining 7 lots can not be sold for development.
QUESTIONS:
1. If Angel Hawk is dissolved, will the covenants that are currently in place to protect property values remain in tact?
Who will be responsible for plowing and top surfacing Chapin Way? Currently, the developer is responsible for road maintenance, but if new homes are not allowed to be built, .. would the burden become the responsibility of two homeowners instead of 9?
What purpose is served by the town to dissolve Angel Hawk?
We understand that oversights happen and mistakes can be made. But to punish innocent victims for your error is not the honorable thing to do. We ask that you allow the development to remain in tact and give the current developer a chance to complete the Angel Hawk project.
Thank you,
Ted and Diane Jones
There being no further questions or comments from the public, Mr. Vannatta closed this portion of the hearing to the public.
Mr. Weiler made a motion for the Planning Board to discuss consideration of revoking the Angel Hawk Subdivision. Mr. Williams seconded the motion. All in favor.
Mr. Weiler made a motion to revoke the Angel Hawk subdivision approval on lots 4, 6, 7, 8, 10, 11, and 12 for the limited purpose of prohibiting the issuance of building permits until such time as provisions are made to secure the required road improvements. Ms. Freeman seconded the motion. All in favor.
There being no further discussion, Mr. Vannatta called the motion to a vote.
VOTE: All in favor. Limited revocation of the Angel Hawk subdivision was declared.
Mr. Vannatta stated that the limited revocation will be filed at the Merrimack County Registry of Deeds within 30 days of this hearing.
MINUTES
The Board reviewed the minutes of June 16, 2009 and made corrections.
Mr. Weiler made a motion to approve the minutes of June 16, 2009 as corrected. Ms. Freeman seconded the motion. All in favor.
ANNOUNCEMENTS
Mr. Vannatta informed the Board members that the Office of Energy and Planning Fall workshop is scheduled for Saturday, October 17, 2009. Anyone interested should let the Land Use Clerk know as soon as possible.
Additionally, the Zoning Board of Adjustment will be present at the September 1, 2009 work session for guidance and clarification regarding certain issues within the zoning regulations.
Ms. Freeman made a motion to adjourn. Mr. Weiler seconded the motion. All in favor. Meeting adjourned at 7:50 p.m.
Respectfully submitted,
Linda Plunkett
Recording Secretary
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