WASHINGTON PLANNING BOARD
Minutes
January 2, 2007
1.0 Assembly
1.1 Members Present: Jack Sheehy, Charlie Fields, Tom Taylor and Lynne Cook
1.2 Alternates Present: Frank Musmanno, Dennis Kelly
1.3 Members & Alternates Absent: None
1.4 Visitors: Ken Eastman, Arline France, Al Krygeris, Mary Krygeris, Barbara Cash, John Laboe, Jack Kelleher, Camille Palladino-Duffy, Hank Amsdem, Jennie Brown Porter, Benjamin Porter, Mark Cummings, Nancy Schwartz, Jed Schwartz, Mike Otterson, Timothy Britain, Linda Marshall, Tom Marshall, Jim Bissonnette, Sandy Robinson, Carol Andrews, Steve Terani, Gayle Terani, Terry Leedham, Peter France, Lynne Hendrickson and Mark Florence.
2.0 Minutes
2.1 Fields made a motion that the minutes of December 5, 2006 be accepted as written with the correction to 7.2 to include that the Board had discussed an email from Bill Rhoades advising of his resignation from the Planning Board. Musmanno seconded the motion. All voted in favor.
Fields motioned that Musmanno replace Rhoades as a member of the Board. Taylor seconded the motion. All voted in favor. Fields motioned that Kelly sit in for Cook. Taylor seconded the motion. All voted in favor.
3.0 Public Meeting:
3.1 Fields read 7.2 into the minutes.
Sheehy called the Public Meeting to order and advised those in attendance that this is a Public Meeting to review the application of John and Barbara Cash for a major subdivision on lot 09-025 located on Ayers Pond Road. The application was filed with us on December 7, 2006. According to regulations a Public Meeting must be held within 30 days of receiving the application. The applicants chose not to meet with the Planning Board informally to discuss the subdivision but chose to move immediately into the formal phase.
Sheehy advised that notification of this meeting was published in a local paper on December 21st and a notice was posted on the Town Hall Bulleting Board and on the Bulletin Board in the Post Office.
Sheehy advised that the purpose of the Public Meeting was to determine if the application of John and Barbara Cash can be accepted as complete.
Sheehy advised of the procedure of the meeting. The applicant will make their presentation. Questions may be asked by Board members but not by others in attendance. The Planning Board will review the check list to determine if it can be accepted as complete or rejected as not complete. If the application is accepted as complete we will move into a Public Hearing. If the application is rejected because it was found not to be complete this meeting may be continued at a later date. Sheehy advised that then any interested parties and abutters may speak.
Sheehy turned the floor to the applicant.
John Laboe spoke on behalf of his clients John and Barbara Cash. Laboe advised the Board that the Cash's felt the checklist was problematic and that they were not asking for waivers but that these items are not applicable. Laboe asked to present the site map to the Board for the Boards review with the checklist.
Laboe provided the Board the Road Agent's report about the condition of the road dated August 28th stating that there currently are 19 trips a day. The Cash's former proposed subdivision would have gone over the fifty car limit. The new proposed subdivision would bring this development below the fifty car limit not triggering the change of the road issue.
Laboe advised that this proposed subdivision is on the high side of the road and felt that there were no wetland/ stream issues with this property. Laboe advised unless there was a real issue, specific to the site, this Board has no jurisdiction to cause the property owner into expensive studies. Laboe stated that the Town should not abandon the uniformity of other subdivision applications that have been before the Board.
Laboe asked to look at the Towns impact ordinance. Laboe advised that the concern is that the road is a condition that must be addressed. Laboe read from the impact ordinance RSA 674:21 V the impact fee should be created by the development. Laboe stated that we have a road by everyone's view that is substandard in its current condition and has nothing to due with a proposed three-lot subdivision. Laboe advised that the Cash's are willing to pay their share of the cost for upgrading the road after the development. Laboe advised that a road study is the Town's burden not the Cash's. Laboe stated that the impact fees must be effective as of now and what is on the road as of this spring. Laboe advised that this small development will not injure or harm the Town.
The Board moved to review the application.
Taylor asked that the Board to review the whole application. All agreed.
Taylor advised that the Town records show this property totaling just over 17 acres. Taylor questioned why only 10.3 acres was shown as the total acreage of the property on the application. Laboe advised that the class VI road separated the property but would be included on the current house lot. Taylor advised that the Town needs clarification on the additional 7 acres. Laboe advised that the correction would be made and brought into Town Hall. Sheehy asked why there was a disposal site on lot four. Amsden advised that the State required this as a safety issue.
I. Maps
1. All agreed had been provided
2. All agreed had been provided
3. All agreed had been provided
4. All agreed had been provided
5. All agreed had been provided
6. All agreed had been provided
7. All agreed had been provided
8. All agreed had been provided
9. Taylor objected. Stating this needs to be addressed as mentioned above regarding the clarification of the additional 7 acres. All agreed
10. Sheehy objected. Stating that there should be driveways noted on plat. All agreed.
11. All agreed not applicable.
12. All agreed not applicable.
13. Taylor objected. Stating the applicant must show the distance to Woodward Brook from the closest point. All agreed.
14. All agreed not applicable.
15. Taylor objected. Stating the applicant must address the stone wall which is under Town jurisdiction that must be penetrated for driveways. Taylor questioned the locations of the driveways which where not provided on the site map. All agreed.
16. Taylor advised #16 ties in with II because we are addressing agricultural land which would be changed to residential land. All agreed.
17. All agreed had been provided
18. All agreed had been provided
19. Taylor objected. Stating a requirement may be need to show water easements. Laboe stated that the abutting property that recently received a building permit was not asked for water runoff study. Taylor advised that this is for a subdivision not a single building permit. Amsdem, surveyor for the Cash's, advised that currently there is a culvert on the Cash's property. Taylor advised that the size of the culvert may be an issue. All agreed a written request for a waiver would be needed.
20. All agreed not applicable.
21. Taylor objected. Advising that storm water runoff and proposed driveways must be indicated on the plan. All agreed
22. All agreed had been provided
B. All agreed had been provided
C. Amsdem advised that he had discussed in the past with the Board. Fields asked for the high side. Taylor advised the applicant can ask for this to be waived in writing.
D. All agreed not applicable.
E. Taylor advised that section VI would tie in with this issue and get to the issues that most concern this Board. All agreed.
F. All agreed had been provided.
II. Access
Taylor objected. Stating that the road issue needs to be addressed. Taylor advised the safety issues and the width of the road need to be addressed. Advising that before the Board can precede the road must be established as safe. Taylor advised that the Cash's can bring this to Town meeting and ask the Town for the funds for the road upgrade. Laboe advised this strikes us as Town infrastructure anyone asking for more than a building permit it becomes the property owner's burden. Laboe was advised he may request a waiver in writing.
III. Soils
All agreed not applicable.
IV. Sewage Disposal
All agreed not applicable.
V. Water Supply
All agreed not applicable.
VI. Surface Water Runoff, Sedimentation and Erosion
Taylor objected. Stating that all of section VI needs to be addressed 4.15 clearly states the need for information. All agreed. Laboe was advised a written request for a waiver may be provided to the Board.
VII. Preservation of Significant Natural and Historic Features
Taylor objected. Stating the stone wall needs to be addressed reiterating that the driveways are not on the development plan. All Agreed.
VIII. Preservation of Farmland
All agreed not applicable.
IX. Solid Waste
All agreed not applicable.
X. Open Space
All agreed not applicable.
XI. Police Protection
All agreed not applicable.
XII. Emergency Rescue and Fire Safety
All agreed this issue must be addressed.
XIII. Existing and Planned Land Use
All agreed not applicable.
XIV. Impact of Subdivision
All agreed not applicable.
XV. Construction Plans
All agreed not applicable.
XVI. Performance and Maintenance Bond
All agreed that nothing needs to be addressed at this time pending the road.
XVII. Title Matters
All agreed not applicable.
XVIII. Agency Approvals
All agreed not applicable but advised that the Highway Department has jurisdiction over driveways.
Taylor asked Sheehy to speak. Taylor advised of his concern from a letter dated December 5, 2006 from John and Barbara stating they have no present or foreseeable intention to conduct development activity on the East side of Ayers Pond Road. Taylor stated that the Board needs to thoroughly understand the intent of the East side of Ayers Pond Road and have some assurances.
Laboe advised that the Cash's do not have the resources to deal with the issues on the other side of Ayers Pond Road.
Taylor motioned that the Board disapprove the application due to the deficiencies as noted tonight. Fields seconded the motion. All voted in favor.
Sheehy asked if those in attendance had any comments.
Tim Britain spoke on behalf of Sandy Robinson and Peter France advising that the application would have to be resubmitted and abutters must be re-notified RSA 670:64. Taylor asked Laboe if he agreed with Mr. Britain. Laboe advised he did not it is only reasonable to give the applicant a chance to provided request documentation or written waivers. Sheehy to contact Town council for clarification.
Britain left for the Board a copy of a letter dated January 2, 2007 for further review.
Steve Terani read a letter he had sent to the Planning Board. (Copy on file)
Sheehy thanked those in attendance and concluded the Public Meeting.
4.0 Mergers:
4.1 Anita R & Robert B Craven TM#12 -63 & 200 on Island Pond Road. Fields motion the Board approved the merger of TM#12-063 &200. Musmanno seconded the motion. All voted in favor.
5.0 Driveway Permits:
5.1 None.
6.0 Old Business
6.1 See 7.2 John & Barbara Cash.
7.0 New Business
7.1 The Board reviewed the petition to Change Land Use Ordinance Public Hearing to be held on January 23, 2007.
7.2 John & Barbara Cash withdrawal of prior subdivision applications submitted on or about July 19, 2006 and September 5, 2006 and a new subdivision application, with an addendum to checklist for property on TM#09-025 dated December 5, 2006.
7.3 Planning Board to discuss changes to Land Use Ordinance plus item 7-1.
7.4 Laurie Dube brought before the Board and application for a business permit for her greenhouse for sale of produce during the summer. The Board to provide the applicant with the fee of the business application. The Board will hold a Public Hearing for the next meeting February 6, 2006 to review the business permit.
8.0 Communications
8.1 NH Local Government Center 2006 to order a copy of legal lecture series. - filed
8.2 Department of Environmental Services re: Ashuelot River Dated 12/15/2006. - filed
8.3 Letter from Municipal Building Task Force Minutes of 11/06/06 Meeting - filed
8.4 Letter from Robert Thompson re: Ashuelot River Local Advisory Committee long with an Ashuelot River Corridor Management Plan update for 2006 – filed
8.5 Letter from Runge Law Office re: Legal experiences dated 11/28/2006 - filed
9.0 Capital Project Requests:
9.1 Book for 2007 requests completed Taylor advised that Department Heads receive a copy. Copies available to the public at $3.00.
Next Meeting – February 6, 2007 Time 7:00 PM in the Town Hall.
10.0 Adjournment –Fields moved to adjourn. Cook seconded the motion 9:42PM Time
Respectfully,
Michelle Dagesse
Secretary to the Planning Board