Littleton, New Hampshire

Approved Planning Board Minutes Sep 7, 2010

LITTLETON PLANNING BOARD HEARING
COMMUNITY HOUSE HEALD ROOM
APPROVED
Tuesday, September 7, 2010
6:00 P.M.


Present: Chairman Charlie Ryan, Vice Chair Linda MacNeil, Val Poulsen, Ed Boynton, Arwen Mitton, and Joanna Ray (recording secretary)

Excused: Stacy Hall, Rod Trahan

Others: Eddy Moore, Gardner Kellogg, Attorney Steve Samaha, Robert Spillane, Cheryl Spillane, Ron Bolt

Chairman Ryan called the meeting to order at 6:00 PM.

Vice Chair MacNeil made a suggested wording change to the minutes from 8-17-10. Ed Boynton made a motion to approve the minutes as amended. Vice Chair MacNeil seconded the motion. The motion passed unanimously.

Forrest P. Hicks II, Owner / Gardner Kellogg, Agent – PB10-16 – Request for an 8-lot subdivision on Mount Misery Road, tax map 10-2, in the Rural zone.

Ø This is a rehearing of PB09-03. The original case was voided due to incorrect notification.

Vice Chair MacNeil read from the memo provided by Joanna Ray in the Planning Office. The memo reflected Chief Mercieri’s request that the common driveway should be constructed and maintained to accommodate emergency vehicles. The abutters concerns were also mentioned. The concerns involve water supply contamination, drainage and runoff onto Mount Misery Rd, and lot sizes.

Chairman Ryan reviewed the case file. The photos from the original case were included. Chairman Ryan submitted recent photos, but he could not make it onto the lot because of a chain. Due to an error in notification, the Town paid the case fees. The notice was in the Caledonian Record and the correct abutters were notified. Chairman Ryan accepted the case as complete.

Gardner Kellogg presented the 8-lot subdivision. This is the same map as the original case. There is currently a gate on the property, but this is not where the proposed entrance will be. The gate is there because someone was on the property and ruined the water bars. Forrest Hicks logged the property and put in water bars to prevent water runoff. The property was logged before the subdivision was approved.

Gardner Kellogg stated the proposed road would meet town specifications, there are no wetlands, and the lots are over five acres each. The project does not require an Alteration of Terrain permit because less than 100,000 sq ft is disturbed. No test pits were done because the State does not require them. Test pits will be needed when the septic designs are done. Lot 6 and 7 will cross over lot 8 by a common driveway. Gardner noted that the parcel numbers do not correctly match the notes on the plat. The new parcel ID’s the Town assigned identifies each lot. The lots sharing the driveway will have mention of it in their deeds. Vice Chair MacNeil said a maintenance agreement will be needed.

Vice Chair MacNeil asked who currently owns the road. Gardner Kellogg said that Forrest Hicks owns it, but the Town may be asked to take it over. Val Poulsen said the Town would not maintain a road they cannot get to. Gardner said Forrest Hicks would upgrade Mount Misery Rd up to his proposed road. Forrest will plow past where the Town currently plows. Chairman Ryan asked George Chartier, Littleton Highway Manager, where the snow is plowed to on Mount Misery Rd. George said the Town drives about 500-feet onto the Class VI portion and turns around at the Spillane property. The Spillane’s have been letting the Town do this. George described the two discontinuances of portions of Mount Misery Rd. One discontinuance was in 1958 and the other in 1966. The Town has been plowing the Route 135 end of Mount Misery.

There are inhabited houses beyond the Hicks property. Bob Spillane said the subdivision would cause more people to use the road. Bob Spillane and Dana West currently maintain the portion of Mount Misery Rd beyond the Hicks property. Bob also mentioned the lights that shine into his house when vehicles leave the Hicks property.

There was discussion about the chosen location for the road. Gardner Kellogg said the grading was better in the proposed location. The logging entrance was not a good location. Vice Chair MacNeil suggested a natural barrier of some kind at the end of the proposed road to block the lights.

Attorney Samaha stated he did not feel the road being constructed is in the same location as on the recorded plan. After some discussion and looking at the map, it was determined that the location of the proposed driveway is in the correct location.

Vice Chair MacNeil asked about the upgrading of Mount Misery Rd. There was confusion as to how wide the road is. George Chartier said the beginning of the road is about 18’ – 20’ and is narrow when plowed. There are no records of upgrades in the road file at the Town Office. Subdivisions were done, but there was no mention of the width of the road. Forrest Hicks will need to find out the width of the road in order for him to upgrade it.

Val Poulsen stated he is unhappy with the shape of lot 6-29. Val was also not happy with the road design and Arwen Mitton agreed. Chairman Ryan mentioned a limit of 1000-foot length on a dead end street. The proposed plan is 1500-feet. Gardner Kellogg mentioned some other dead ends are over 1000-feet. Chairman Ryan stated that the Board should follow the rules that are before them. Arwen suggested another design for the road. Gardner asked if the Board could waive the extra 500-feet. Vice Chair MacNeil said the applicant would need to ask the Board of Selectmen to waive the 500-feet.

It was pointed out that lot 6-31 and 6-28 were sold. One lot has road frontage on Mount Misery Rd. Chairman Ryan suggested the road could be a right-of-way. This would need to be mentioned in all of the deeds.

Attorney Samaha was representing the Spillane’s and the Nugent’s. He submitted a letter stating his client’s objections. The Spillane’s and the Nugent’s are direct abutters that were not notified at the original hearing in 2009. Since the plan was recorded, two lots have been conveyed. One of the lots was conveyed after the Town became aware of the noticing error. Chairman Ryan said he is aware of the Town making a mistake. Attorney Samaha asked the Board to rescind the plan and have Mr. Hicks rescind the sale of the two lots. Attorney Samaha also stated that the Board is addressing some of the important points his client’s had concerns with. The town also needs to know what they own in regards to the layout of Mount Misery Rd before Mr. Hicks can upgrade it. Attorney Samaha suggested a storm-water prevention plan because the logging has caused drainage issues. There has been an attempt at fixing the issue, but perhaps an engineer should look at this and check for contamination. Vice Chair MacNeil said that water quality before the logging would be needed in order to verify if contamination was done. Chairman Ryan said the logging was done before the subdivision came before the Board. Attorney Samaha also suggested that test pits be a condition of approval. Blasting might be needed in order to develop the lots. Certificates from Town departments were not requested with the original approval.

There was more discussion on the width of Mount Misery Rd. Gardner Kellogg said the stonewall indicates the south west side of the road. Attorney Samaha said a plan should be done to show the upgrading. Bob Spillane said he was very encouraged by everything that was being discussed. Bob also stated the road narrows in the winter and water runoff causes trouble with the road. There are currently two houses past Bob’s property and he cannot imagine eight new homes using this narrow road. Vice Chair MacNeil asked Gardner Kellogg if Forrest Hicks would improve Mount Misery Rd. Gardner said yes, up to the entrance to the subdivision.

Chairman Ryan asked if there was anyone not in favor of the project that would like to speak. None were recognized. Anyone in favor? Gardner Kellogg said the soil types have been indicated on the plat. The ledge is farther up on the height of the land. There are no wetlands along the new road. A soil scientist would find some on the lot. Gardner will compare the plat to what the Town has noted as wetlands.

Gardner Kellogg said there is a small shed / hunting camp on parcel 10-2. Gardner also stated that the land was heavily logged and runoff occurred. Provisions can be made to prevent further runoff.

Chairman Ryan showed the Board the parcel from Google Earth. The photo is dated July 5, 2009. The water courses can be seen as well as the skidder trails. A drainage plan could be put into place to control the runoff into ditches on the side of the road. George Chartier said culverts would be needed which means easements from property owners. Attorney Samaha said an engineer would be able to figure it out.

Vice Chair MacNeil checked the subdivision regulations to find out what the Board can require the developer to do. The Board can hire an engineer and bill the applicant. This would be considered a third party review. Test pits could also be considered a third party request.

Vice Chair MacNeil said the configuration of the road needs to change and there is the issue of its length. George Chartier said the runoff onto Mount Misery Rd is a combination of the logging and the construction. The Highway Department has been up there with gravel to repair the road.

Chairman Ryan mentioned that this development is off a Class VI road and it would need to be maintained by someone. There is also the Fire and Police Departments to consider, they are unable to access this development; therefore, a waiver of municipal liability would be needed. George Chartier said that emergency vehicles would be able to make it to the development if Mount Misery Rd was upgraded to Town specification.

There was discussion about the process of the Town taking over a road. One option was for the landowner to deed it to the Town. Val Poulsen said if the proposed road could not be built up to Town specifications, it would never be taken over by the Town. There was discussion about whether or not the 1000-foot limitation on dead end roads included private roads. Attorney Samaha said if it did not include private roads, then the ordinance would be meaningless.

Gardner Kellogg said the road layout presented is the one that works. Arwen Mitton made suggestions again as to the location of the road and Gardner said he had tried them. There was more discussion about the shape of lot 6-29. The shown building line is the best location.

Attorney Samaha spoke of the minutes from the original case in 2009. There was mention of snowmobiles on the plan, but the new deeds have no mention of them. Attorney Samaha said that Mr. Hicks is not sticking with what was represented. Vice Chair MacNeil read some of the minutes and noted that she had asked about wetlands and soil testing. She had been told that there were no obvious wetland areas and that blasting depended on how much ledge is found. The Town’s online mapping did not identify wetland areas. Gardner Kellogg said there were no wetlands when the road construction started. Gardner also stated that the new road needed to be built to Town specifications whether or not it would remain private.

Chairman Ryan closed the public input portion of the hearing. Arwen Mitton stated the road should be no more than 1000-feet as the regulations require. George Chartier said that the proposed road would need to have a 50-foot right-of-way in order for the Town to take it over in the future.

Vice Chair MacNeil made a motion to continue Forrest P. Hicks II, Owner / Gardner Kellogg, Agent – PB10-16 – Request for an 8-lot subdivision on Mount Misery Road, tax map 10-2, in the Rural zone to October 5, 2010 at 6 PM in Community House Heald Room in order for the applicant to provide the following:

Ø Wetlands shown on the plat
Ø Present a drainage plan
Ø Redesign the proposed road to meet the 1000-foot requirement
Ø Define the width of Mount Misery Rd
Ø Perform test pits

Ed Boynton seconded the motion. The motion passed unanimously.

Chairman Ryan instructed Joanna Ray to contact Attorney Whitelaw regarding the two lots that were sold. Joanna will also send Attorney Samaha’s letter to Attorney Whitelaw.

The Board discussed the dates that the parcels were sold. The Board stated that Forrest Hicks was not informed about the error until after the second parcel had been sold.

Chairman Ryan informed the Board that TJ Ilacqua would like to be an alternate on the Planning Board. Chairman Ryan will send a letter to the Board of Selectmen of his recommendation. Ed Boynton said the topic was brought up at the last Selectboard meeting, but Ron Bolt wanted to speak with Chairman Ryan before appointing TJ to the Board.

The Capital Improvement Committee will meet with the Planning Board on September 21, 2010. The Board will review the proposed Energy Chapter to the Master Plan that night as well. Chairman Ryan asked Joanna Ray to send all Board members the letter from Ron Bolt regarding land use changes. The Board discussed going into executive session at the next meeting to discuss Jan Edick et al v. Town of Littleton.

Vice Chair MacNeil told the Board about the meeting she went to regarding windmills. Perhaps windmills should be incorporated into the Zoning Ordinance. Looking at samples from other Towns was suggested.

Ed Boynton made a motion to adjourn at 8:12 PM. Val Poulsen seconded the motion. The motion passed unanimously.

Submitted by,
Joanna Ray

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