April 19, 2007 Minutes

These minutes were posted by the Planning.

Pittsfield Planning Board
Town Hall, 85 Main Street
Pittsfield, NH 03263
DRAFT Minutes of Public Meeting of April 19, 2007
ITEM 1. Call to Order
Meeting called to order at 7:02 P.M. by Eric Bahr, Chairman.
ITEM 2. Roll Call
Members Present: Eric Bahr (EB), Chairman, Bill Miskoe (BM), Vice-
Chairman, Daniel Greene (DG), Rich Hunsberger (RH), John Lenaerts (JL),
Selectman Ex Officio, Peter Newell (PN), Alternate, and Delores Fritz,
Recording Secretary.
ITEM 3. AHG Properties, Inc. continued Public Hearing for 12-unit
single-family residential condominium clustered development on Thompson
Road, Pittsfield, NH 03263 (Map R-44, Lot 1).
Rich Hunsberger recused himself and was seated in the audience.
(EB) Please note that there is not a full Board present tonight and you are
entitled to a full Board. Would you like to continue? Attorney Sullivan
related that they would like to continue.
(BM) summarized the reasons for tonight’s meeting covering the
culvert/drainage situation on Thompson Road, Tony Puntin’s E-Mail to
Jennifer McCourt, Architect, and T-intersection. These issues have already
been resolved. Tony also raised bonding issues that any sub-division road
has to be bonded. and Ms. McCourt reiterated that they would only be
bonding that part of Thompson Road which has to be improved relating that
to “apply for building permit, we were going to build to basecoat.” (BM)
inquired if this would be the entire length? Ms. McCourt indicated that it
probably would be. She related that they understood they had to bond
Thompson Road as Town’s right of way.
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(BM) questioned two areas shown as detention ponds, useable common land
and felt it was misleading to describe the area as such. Atty. Sullivan
explained that any area other than a unit is common land. After discussion,
it was agreed that another title would be used to describe this area.
Open Public Input
None.
Close Public Input
Ms. McCourt and Board briefly discussed the two water systems, and how
complaints within condo association would be dealt with in regard to “water
wasters”. She also explained that the Site Specific Permit, DOT Permit, and
Septic Approval are still pending, which are necessary but that AHG would
not be going forward until Court resolves any issues that are still
outstanding. Atty. Sullivan and Blakeney briefly reiterated matters
concerning the current Court case which is pending and advised Board that
case is still three to four months away from resolution.
(BM) Motion to approve AHG subdivision on condition that the Special
Exception presently being challenged at Merrimack Superior Court be
upheld in entirety without change and in addition, the needed DOT Permit is
accepted, that the verbal description of designated common land for
detention ponds and site specific plans, on-site State of New Hampshire
DES and sewage disposal system be approved. (DG) Second. Carried 5-0.
Rich Hunsberger returned to Board.
ITEM 4. Continued Public Hearing for review of proposed road plans for
proposed eight-lot subdivision on Governors Road, Pittsfield, NH 03263
(Tax Map R-43, Lot 10). The property is owned by Paul and Melissa
Bicknell of 195 Governors Road, Pittsfield, NH 03263. The firm
subdividing the property is James Mullaney, DBA: Juniper Hills Builders,
89 South State Street, Concord, NH 03301. This property is located in the
RURAL Zone.
(EB) After discussion with Mr. Mullaney and Tony Puntin, Berger Group, it
was agreed that this would be continued.
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(BM) Motion to continue to date certain, May 3, 2007. (RH) Second.
Carried 6-0.
Eric Bahr recused himself and was seated in the audience.
ITEM 5. A Public Hearing for application for a proposed two lot Minor
Subdivision at 520 Tilton Hill Road, Pittsfield, NH 03263 (Tax Map R-6,
Lot 9A). The property is owned by Joanna and Steven Keeley of 256 True
Road, Pittsfield, NH 03263. This property is located in the RURAL Zone.
Dennis Rialland, Brown Engineering related that what the applicant was
proposing was a two lot minor subdivision. There is a total of 28 acres and
each lot would be about 14 acres. There would be a 300 ft. frontage, which
exceeds the minimum on Lot 9-A. One lot has an existing dwelling at the
present time. Though both lots are quite large, it is felt that due to the
esthetic value of the area and to maintain that esthetic quality, two lots
would be sufficient.
(RH) Motion to accept application as complete. (PN) Second.
Board discussed the possibility of any future subdivisions. This is noted in
No. 6 of the application that no future subdivisions are planned.
Carried 4-0. (JL) Abstain.
(BM) We should debate the merits of this subdivision.
(DG) Motion to approve application for subdivision. (PN) Second.
Discussion (PN) regarding concerns of wetlands on backside of property
where the house would be. It was related that one house already exists and
one other has a frontage with a stonewall. (BM) related that this is a pretty
buildable area. (RH) wanted to know if bounds have already been set. Mr.
Rialland related that they had not yet but that Board could make it a
condition of the subdivision. He also related that the State of New
Hampshire agrees with you regarding wetlands and that there are no
concerns.
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Open Public Input
None.
Close to Public Input.
(RH) wanted to know where the driveway for the second house would be.
Mr. Rialland related that this had not yet been established. (BM) related that
Public Works would have input into driveway position and requirements.
(BM) All in favor of approving Minor Subdivision. Carried 6-0.
Applicant requested that this be filed with Registry of Deeds as soon as
possible and was advised of the 30 days appeal process. It was agreed that
the Mylar would be signed tomorrow, but not filed for 30 days.
Eric Bahr returned and was seated on Board.
ITEM 6. A Public Hearing for application for a Voluntary Lot Line
Revision (Minor Subdivision) at 10 and 12 Chestnut Street, Pittsfield, NH
03263 (Tax Map U-5-, Lots 24 and 25). The property is owned by Daniel J.
and James F. Kerivan, 10 & 12 Chestnut Street, Pittsfield, NH 03263
respectively. This property is located in the URBAN Zone.
(EB) Before we go into the merits of this voluntary lot line revision let us
entertain a motion to accept application as complete.
(BM) Motion to accept application as complete. (DG) Second. Carried 5-0.
(PN) Abstain.
Mr. James Kerivan related the he currently owns 12 and 14 Chestnut Street
which is one lot and encompasses 1 ½ buildings. He related that his son
owns the other side of the duplex, which is 10 Chestnut Street. He explained
that he initially had difficulty with acquiring electrical service as only one
service per house is allowed. It was explained that he could become
condominium or he would require easements. He related that he had
previously gone before the Zoning Board of Adjustment and they had issued
him the Use Variance. He wants to create the lot line half way between the
10/12 and 14 Chestnut Street. (BM) related that this would a nonconforming
lot. (PN) wanted to know if ZBA had been advised that it would
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be a non-conforming lot. (RH) related that the set back variance was not
granted properly. (PN) related that what they gave you does not give you the
variance you need. (BM) “Does Map U-5, Lot 6A have frontage?” Mr.
Kerivan related that it does. (BM) related that the Zoning Board used the
right Table but in actuality granted a dimensional variance. (RH) related
that the Notice of Decision should have related “footage.” He noted that for
“history sake” the footage needed to be mentioned. (BM) related that this
requires a non-specific dimensional variance and we should remand back to
the Zoning Board and have them re-write this correctly.
(EB) related that from the standpoint of what Mr. Kerivan is trying to
achieve, it is a good idea.
(RH) Motion to approve lot line adjustment (subdivision) after Zoning
Board clarifies their decision and it is noted to allow the sideline setbacks
between Lots 24 and 25 be reduced to 8.37 feet on both lots and to reduce
the lot frontage on Lot 25 to be 41.45 feet as per plan. (BM) Second.
(EB) “What is your intent at this point?” Are you going to take down the
barn and the shed? Mr. Kerivan related that at this point, he wanted to do
the electrical and then get the necessary permits to do demolition, which is
required before any loans can be acquired.
(EB) related that a memo could be sent to Zoning Board so that applicant
would not have to come back. After receiving re-written decision from
Zoning Board, the Planning Board could just vote on it. (RH) Withdraw
Motion and (BM) withdraw Second.
(BM) Motion to continue to date certain May 3, 2007. (PM) Second.
Carried 6-0.
It was agreed that (RH) would attend Zoning Board meeting on April 26th to
request amended Notice of Decision. (EB) related that on the date certain of
May 3rd, the Board would open this request and it would be approved at that
time.
Eric Bahr recused himself and was seated in the audience.
ITEM 7. A Public Hearing with respect to an application for a Voluntary
Lot Merger filed by Heidi R. and Jeff S. Knight, 56 Tilton Hill Road,
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Pittsfield, NH 03263 of property located at 56 Tilton Hill Road (Tax Map
U-1, Lot 19) and Tilton Hill Road (Tax Map U-1, Lot 18A), Pittsfield, NH
03263. These properties are owned by Heidi R. and Jeff S. Knight, 56
Tilton Hill Road, Pittsfield, NH 03263. These properties are located in the
SUBURBAN Zone.
(BM) related that this was on the Agenda for April 5, 2007 and that
applicant did not appear.
Mr. Knight related that he would like to merge the two lots so that no one
could build next to him.
(RH) Motion to approve Voluntary Lot Merger. (DG) Second.
(RH) related that they had reviewed the tax cards last meeting, and there
would be no non-conforming lots. He related to applicant that they would
be unable to undo voluntary lot merger without coming back to Planning
Board. (BM) related that the lots are not very big.
Motion carried 5-0.
Eric Bahr returned and was seated on Board.
ITEM 8. Selectman’s Report
(EB) welcomed John Lenaerts to Planning Board as Selectman Ex Officio.
(JL) related that the Board of Selectman are currently going through the
hiring process for Town Administrator and how the process would be
working in regard to the three panels that would be doing the interviewing.
ITEM 9. Members Concerns
(BM) related his concerns for new members to the Planning Board and was
hopeful that there would be some new applicants. (PN) related he planned
on staying on the Board for the present time. (PN submitted letter of intent
for Board of Selectman review.)
(BM) related that he had discussed with George Bachelder the four lot
frontage subdivision on North Road, Epsom, NH 03234 and Barton Road,
Pittsfield, NH 03263 where the only access for two of the parcels would be
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on Barton Road. He related that George had no concerns in this regard. He
discussed maintenance with George who related that each town maintains
their portion of the road. It was agreed that a letter would be sent to Town
of Epsom and True Engineering noting that the Planning Board presently
had no concerns with this situation of the access via Barton Road.
(EB) Prescott Road Escrow. (BM) related that this road was completed and
construction was all over and that Board should release this escrow. (RH)
suggested Board acquire sign-off paperwork from George Bachelder and
then escrow would be returned to applicant. (BM advised he would take
care of this.)
Con-Lin-Ty Escrow: (EB) related that this would be a difficult one. (RH)
related that this should not be returned. (BM) related that the owner of the
property did not agree to the revocation of approval. The variances granted
by Zoning Board if not used within two years will be void and the approval
will go away. The lot line adjustment will disappear. (RH) related that the
Court, at that time, will decide who gets the escrow refund or both parties
have to sign off as to who would get escrow. Board decided that escrow
would not be refunded and wait for variance to expire.
(EB) related that a letter from the Central New Hampshire Regional
Planning Board had been received in reference to the annual traffic counts.
CNHRPB agreed that up to nine sites could be utilized for traffic counts and
should be decided by June 1, 2007. Board agreed that a memo would be
sent to George Bachelder, Public Works, Police Chief Wharem and Fire
Chief Johnson for their input as to where traffic counts would be conducted.
They were asked to respond no later than May 17th.
(EB) Board should have a Work Session and it was agreed that this would be
on May 17th. Mike will be asked to be present at that meeting for his input
on “water issues on lots, driveway setbacks.” (EB) related that he was
concerned about “breaking things” when Board gives approval on various
projects. It was suggested that pjerhaps more specific language be
incorporated into Department Head Sign-Off Sheets.
ITEM 10. Approval of Minutes of April 5, 2007.
(DG) Motion to approve Minutes of April 5, 2007. (PM) Second. Carried
5-0. (JL) Abstain.
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Motion to Approve Minutes of October 19, 2006 by (RH). (DG) Second.
(BM) and (PM) names added to members in attendance at this meeting.
Carried 4-0. (PN) and (JL) Abstain.
(DG) Motion to approve Minutes of October 26, 2006. Second (PN).
Carried 5-0. (EB) and (JL) Abstain.
ITEM 11. Missing Minutes of September 7, October 5, and November 2,
2006.
This will be tabled until May 17th to allow members to check their personal
records for copies of Minutes. This will be dealt with at May 17th Work
Session.
ITEM 12. Adjournment
(DG) Motion to Adjourn. (BM) Second. Carried 6-0.
Meeting adjourned at 9:00 P.M.
APPROVED:_______________________
Date
_________________________ _______________________
Eric Bahr, Chairman Date