Littleton, New Hampshire

Approved Planning Board Minutes Oct 5, 2010

LITTLETON PLANNING BOARD HEARING
COMMUNITY HOUSE HEALD ROOM
Tuesday, October 5, 2010
APPROVED
6:00 P.M.


Present: Chairman Charlie Ryan, Vice Chair Linda MacNeil, Ed Boynton, Arwen Mitton, Rod Trahan, Val Poulsen, Stacy Hall, Tony J. Ilacqua, Jim Daly, and Joanna Ray (recording secretary)

Others: Forrest P. Hicks II, Attorney Kenneth Russell, Cheryl & Robert Spillane, Carole Bont, John & Sheila Foster, Bud & Judy Foster, Beryl & Ed Klahre, Jim Nugent, Jessica Daine, Attorney Steve Samaha, Dana West, Richard Massimilla, Mary Edick, Kevin Spencer

Chairman Ryan called the meeting to order at 6 PM and explained the “house rules”. Comments will be directed to the Chairman. Objections will be heard once.

Chairman Ryan welcomed Jim Daly and Tony Ilacqua to the Board as alternates. Chairman Ryan explained that the alternates may participate in cases, but cannot vote unless they have been an appointed voting member for a case. Their input is valued.

Vice Chair MacNeil suggested some minor wording changes to the 9-12-10 minutes. Tony Ilacqua said Capital Improvement Plan should be changed to Capital Improvement Program. Ed Boynton made a motion to approve the 9-12-10 minutes as amended. Vice Chair MacNeil seconded the motion.

Chairman Ryan asked Carole Bont, from North Country Council (NCC), for her presentation. Carole informed the Board that NCC was the Town’s Regional Planning Commission. NCC receives money from grants. NCC offers guidance for training members the basics of running a Planning Board meeting. NCC can also assist with drafting something or reviewing something that the Board has drafted. The grant allows 40 hours of time to the Town; these 40 hours are over the course of one year. Some services NCC offers to the Town are of no charge. The 40 hours go towards the service that would normally have a charge. Updating the Master Plan is an example of a service that would incur a charge.

An additional service the NCC offers is evaluating Town buildings for energy efficiency. The service does not assist with making any improvements, just the evaluation of the infrastructure. Funds are only available for another six months. James Steele is the contact person for this.

Chairman Ryan thanked Carole Bont for the information.

The Board then moved on to Forrest P. Hicks II, Owner / Gardner Kellogg, Agent – PB10-16 – request for an 8-lot subdivision on Mount Misery Rd, tax map 10-2, in the Rural zone. This case was reopened for public comment.

Attorney Ken Russell, representing Forrest Hicks, discussed the original plan from 2009. Attorney Russell disagreed with the advice the Board was given by Attorney Whitelaw regarding the validity of the 2009-recorded plan. Two lots have been transferred and those lots have valid titles. Attorney Russell did not feel the Board had taken the proper action. Attorney Russell also said that he realized a revised plan is being presented, but the lot conveyed to Mr. Spencer should be allowed to receive a building permit without further delay.

Chairman Ryan was aware of the conveyance of the lots and wants to make sure they remain legal lots.

Gardner Kellogg showed the Board the revised plan. Lot 6-31 was recognized as Mr. Spencer’s lot. The revised plan addresses the length of the dead-end road and the reconfiguration of the lots. The hammerhead now gives access to four lots. There are five lots instead of eight. Lot 6-30 was sold as well. Val Poulsen said the plan makes sense.

Chairman Ryan asked Mr. Hicks if there is a third lot ready to be sold. Mr. Hicks said not to his knowledge. A driveway to lot 10-3 crosses 10-2. Perk tests were done, as the Board requested.

Val Poulsen suggested dealing with the original complaints from the abutters. Gardner Kellogg said trees at the end of the driveway, as a buffer, were addressed. This will help with water runoff. Gardner showed a drainage plan. Water bars were damaged and fixed. The drainage plan shows culverts and treatment swales. Water will be slowed down. Gardner found out that Mount Misery Rd has a 50’ right-of-way or three rods. The road would be pushed towards the Hicks property so that the trees would be on the right-of-way if this were ok with the Town.

The Selectboard would have to choose a name for the road that does not conflict with any current road names.

Arwen Mitton asked about the common driveway being built to Town specifications to allow emergency vehicles. Gardner Kellogg said it would be up to right before the hammerhead at 850’.

Chairman Ryan asked if there were any abutters against the subdivision that would like to speak. Attorney Samaha asked about the storm water issue. The last storm did damage to the abutters property. Attorney Samaha submitted pictures of the damage. The pictures show water runoff onto the Spillane property. The abutters want to know what is going to be done to prevent this in the future. Gardner Kellogg showed the treatment swales on the plan to regulate flow. Attorney Samaha had urged the Board, at the last meeting, to have the applicant hire an engineer. Attorney Samaha said without an engineered plan, the conditions will persist.

Another concern of Attorney Samaha was the ledge located on the lots. Gardner Kellogg showed Attorney Samaha the test pits locations. There was enough soil for septic systems. Also discussed was whether Mount Misery Road was being improved up to where the entrance of the subdivision. George Chartier, Littleton Highway Department, said the corner of the field is where the Class VI portion of Mount Misery Rd starts. Rod Trahan asked if Mr. Hicks has hired an engineer and how much of the new road is complete. Gardner said an engineer has not been hired. The new road is close to being complete.

Forrest Hicks said he would not be here now if he was told of these issues a year and a half ago. Forrest apologized to the neighbors for the mess of the last storm. Several water bars have been installed. Forrest felt that hiring an engineer is not necessary because the work that has been done is adequate. Rod Trahan said an engineer would take the responsibility if there were a drainage problem. Ditches would also be addressed.

Attorney Samaha said the Board asked what would be done about the damage that was caused. The Board needs to look out for the abutters.

Chairman Ryan asked if there was anyone in favor of the project that would like to speak. Mr. Spencer spoke in favor because he has already purchased a lot.

Bob Spillane spoke about the damage from the storm and wanted to know who would take care of it. There have been no silt walls or hay bales.

The public input portion was closed.

Val Poulsen said the plan shows a detention basin but no design for it. There are no dimensions and the detention basin and swales need to be more fully designed.

Jim Daly asked what has been started in these lots such as trees being cut. Chairman Ryan said that the parcel was logged before the first case was brought before the Board in 2009. Jim felt the damage from the storm would have happened even without this subdivision. Forrest Hicks said the lot is vegetated again by the road and has been seeded. Jim felt that what is being presented could be helpful to the situation.

Rod Trahan explained that a subdivision usually has the road engineered for the Town to accept it. Perhaps the entry portion could be engineered. Forrest Hicks asked how the subdivision passed in 2009 without an engineer. Rod said the subdivision regulations might have changed since the approval. Forrest said if that was the case, his approval should be grandfathered. Forrest also said the new road may never be taken over by the Town. George Chartier reminded the Board that this subdivision is off a Class VI road. Building on these lots are at the owners risk. The Town has no duty to maintain. The property owners need to produce a waiver stating they understand the Town does not maintain this road and may not be able to provide emergency services.

Bud Foster said it was his understanding that private roads do not have to be built completely up to Town specifications, but good enough so that emergency vehicles can have access. Bud suggested an association maintaining the road.

Attorney Samaha said this has to be treated as if the prior approval did not exist.

Rod Trahan had concerns with the elevation of the entrance. Vice Chair MacNeil confirmed that Mount Misery Rd was a Class V road up to the field, but past Spillane’s is Class VI.

Chairman Ryan said the Town has an ordinance on roads. Prior to the issuance of building permits on a Class VI road, the applicant must produce a notice of liability that is recorded at the Registry of Deeds. Emergency vehicles may not be able to access the property. George Chartier said if the Town takes over the road or not, Mount Misery Rd would be upgraded to the new proposed road. Vice Chair MacNeil asked about the construction not causing trouble for the abutters. George said maybe a temporary detention pond.

Chairman Ryan said that all of the problems could not be blamed on Forrest Hicks. There are many factors. Some effort has been made to contain the runoff that would normally come off the mountain. The goal is to make sure the drainage should not be any worse than before the subdivision.

Chairman Ryan said Forrest Hicks had agreed to build the road to Town specifications with a 50-foot right-of-way.

The public input portion of the hearing was closed again.

Rod Trahan wanted an engineered design for the new road. Val Poulsen wanted a more detailed drainage plan. The detention pond needs to be engineered. Val said the road would need to be designed by an engineer and built to that design.

Vice Chair MacNeil made a motion to approve Forrest P. Hicks II, Owner / Gardner Kellogg, Agent – PB10-16 – request for an 8-lot subdivision on Mount Misery Rd, tax map 10-2, in the Rural zone with the following conditions:

· Mount Misery Rd will be improved up to the entrance of the subdivision
· A maintenance agreement will be in place
· Drainage system needs to be engineered and built to those plans
· A natural buffer will be put in place between the end of the driveway and the Spillane’s property
· Applicant must comply with all Federal, State, and Local regulations

Ed Boynton seconded the motion. The motion passed unanimously. No Board member has a problem with recommending a building permit be issued for the sold parcels.

The Board moved on to continue discussing the Capital Improvement Program (CIP).

There was discussion about if the committee was authorized to produce this. Rod Trahan said there is no evidence showing authorization. Vice Chair MacNeil said she will look into finding out if there was a warrant article.

Tony Ilacqua said the school is not required to participate. Jim Daly suggested the school being addressed in a separate section. Vice Chair MacNeil said the school could be mentioned as maintaining at current levels. Tony said he would ask the school for the wording.

The process for obtaining the information was discussed. The departments were asked to complete a checklist and add the amounts that go with items to be purchased. Jim Daly said the list and amounts are not set in stone.

George McNamara asked who appointed the CIP Committee and how it was funded. George also wanted to know why the committee needed the Board’s blessing. Chairman Ryan said the Planning Board appointed the committee. George asked how many Towns north of Plymouth have adopted CIP’s. Tony Ilacqua said Lancaster, Whitefield, and Franconia. The amount shown is not a lump sum to come up with. The Town may say no to an item or discover it is not needed in the year shown. Ed Boynton said this would make a big impact on the tax rate.

Bud Foster was concerned about the residents being asked to put money in a “savings account”. The money would be sitting in an account and not being used. Bud felt this was a waste of taxpayer money. Tony Ilacqua said the role of the committee was to ask the departments what they felt they would need in the years to come. Jessica Daine said the departments know what they will need in the future and this program lets everyone know what those items are.

Brien Ward asked about the warrant article that was needed in order to form this committee. Brien recited RSA 674:5. This explains the process for forming the CIP committee. Brien also stated that the School Board is required to participate.

Vice Chair MacNeil made a motion to table this discussion until October 19, 2010. Arwen Mitton seconded the motion. The motion passed unanimously.

Arwen Mitton presented the warrant article proposed by the Energy Conservation Committee. Arwen said she would send a copy of the article to Joanna Ray in the Planning & Zoning Office. The article introduces affordability to residents to put up windmills, solar panels, and central heating systems without having their assessment increased due to the improvements.

There was discussion about how the program would work and how homes are currently assessed. Vice Chair MacNeil suggested getting legal council before putting the warrant article out to the residents. Eddy Moore said the Board should look at the proposed addition to the Zoning Ordinance that goes along with the warrant article.

Chairman Ryan presented some changes to the Planning Board by-laws. When the Board approves a case with no conditions, the approval is considered final and the clock starts for the appeal period. If there are conditions, the case will be brought back to the Board by the Planning Office. The Board will then make a final approval and the clock starts for the appeal period. These are legal technicalities. Jim Daly said part of the Hicks case was construction and could take months. This change could cause problems for someone that needs to build something. Chairman Ryan said that the Board could ask for a bond that would help cover a cost so there would be a guarantee construction would be done. Arwen Mitton said the Board could approve a plan and the applicant needs to go by that plan.

Vice Chair MacNeil said if the only condition were a maintenance agreement, the applicant would submit the agreement and the Planning Office would then present it to the Board. The Board, after reviewing the agreement, would then vote on a final approval.

Vice Chair MacNeil made a motion to table the discussion about the Zoning Ordinance until October 19, 2010. Val Poulson seconded the motion. The motion passed unanimously.

The Board reviewed the footprint changes for a previously approved plan from AHEAD on Cottage St. Vice Chair MacNeil said the plan needs to come back to the Board.

Vice Chair MacNeil made a motion to go into non-public per RSA91-A;3, II (e). Stacy Hall seconded the motion.

Vice Chair MacNeil said the non-public minutes would remain sealed.

At 9:45 PM Ed Boynton made a motion to adjourn. Arwen Mitton seconded the motion. The motion passed unanimously.

Submitted by,
Joanna Ray

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