MONT VERNON
PLANNING BOARD
Mont Vernon, NH 03057
MEETING MINUTES – TUESDAY FEBRUARY 27, 2007
AGENDA
7:00
PM Charlene Curtis – Preliminary Consultation to
subdivide property
7:15 PM Carl Zahn – Preliminary
Consultation to subdivide property
7:30 PM Mystic
Brook, LLC – 19-lot open space subdivision of Map 1 Lots 57 and 58 off Old
Milford Road, Review for Approval, continued.
8:15 PM Desmarais,
Mitchell, and Mason – 18-lot open space subdivision of Map 5 Lot 65 off
Westgate and Kendall Hill Roads, Review for Approval, continued.
9:00 PM David
R. Hall/Coach Road Associates – 21-lot open space subdivision of Map 2 Lot 6
off NH Rte.13 and Purgatory Road, Review for Approval, continued.
9:45 PM Checklist
changes
10:00 PM Adjournment
Seated: Vicky Arico, Annette Immorlica, chairperson; Tom McKinney,
John Quinlan
Selectmen’s Representative:
Gerry Griffin
Absent: Jim Bird
Alternate: Kevin Stewart
7:00 PM The meeting was
called to order. Charlene Curtis was not
present for the preliminary consultation.
Immorlica went through mail
and announcements. Immorlica pointed out that ken Clinton
offered to look over the checklists for the board and offer any input for
revisions. Ken Clinton stated that he
did agree to look them over and give the board his input. The board agreed that his input would be
helpful.
7:08 PM David R.
Hall/ Coach Road Associates – 21-lot open space subdivision of Map 2 Lot 6 off
NH Rte. 13 and Purgatory Road, Review for Approval, continued. Immorlica
recused herself. McKinney took
over as chair. Ken Clinton, of Meridian
Land Services, was present. Clinton
discussed the status of the legal documents with the board. The board stated that the legal opinion from Atty. Drescher had been received. Arico
questioned how much cutting in the open space will be allowed. Clinton
stated that Dave Hall would need to speak to that when he arrived. Clinton and the board looked over the trails
and the suggested trails by Jeff Burnett from the Conservation Commission. Arico
stated that the main problem is with the access to the trails from the parking
area and added that Burnett suggested going along the road which may require
moving a lot line. Clinton
stated that Hall would not want to move a lot line and added that Hall would
probably be willing to help put in a boardwalk over the wet area by setting
something aside from the site. Clinton
stated that Hall could meet with Burnett to work something out. Immorlica asked if a wetlands permit would be
needed to put in a boardwalk. Clinton
replied no. The board continued to
discuss the trails. Arico stated that the north corner of Ingalls
Circle was fine while part of Bancroft
Circle was not acceptable but Hall and Burnett
will work something out. Clinton
stated that open space lot 24 was to be left alone and crossing lot 2-6-3 was not acceptable. Arico
stated that the current access to the trails will stay and they will build a
boardwalk.
Clinton
stated that he believes the only thing they are
waiting on are the legal documents. McKinney asked
if they have received the memo from the Fire Chief. Clinton
stated that they have not received it yet although they have done everything he
has asked of them. Clinton
then submitted copies of the state approvals to the board. Clinton
requested a vote for conditional approval with the legal documents as a
condition. Arico stated that a conditional approval needs to be black and
white. Griffin felt
it was time for a conditional approval. Stewart felt they should move ahead
with the conditional approval. Arico wanted to wait until Hall
arrived.
7:30 PM Stewart moved to
conditionally approve the 21-lot open space subdivision of Map2 Lot 6 by Coach
Road Associates with the following conditions:
acceptance of legal documents and endorsement memo from Fire Chief. Griffin seconded. Griffin,
McKinney, Quinlan and Stewart
were in favor. Arico was opposed. The
motion passed.
7:32 PM
Carl Zahn – Preliminary Consultation to subdivide property. Stewart
left the meeting. Immorlica was reseated and took over as chair. Carl Zahn was present. Zahn stated he was there on behalf of his
mother. Zahn stated that they are looking
to subdivide the Zahn’s Alpine Guest House, which is in Mont Vernon, from the
rest of the property, which is in Milford. The piece is about 12 acres but does not have
any frontage on Rte. 13. The board then
looked at the original plan for Lot 1-63. Arico
read from RSA 674:53 regarding municipal boundary lines. Immorlica
pointed out that they can not make a non-conforming lot more
non-conforming. Immorlica stated that the lot needs minimum frontage of 500-feet on
Rte.13 and added that they may have to go before the Zoning Board of
Adjustments (ZBA) and they need to talk to the Milford
planning department as well. Griffin stated
that they need to find out about Milford’s
requirements as well. The planning board
also suggested to Zahn that he look into purchasing the frontage from
Wilkins.
7:50 PM
Continuation of Hall subdivision Immorlica
recused herself and McKinney
took over as chair. David R. Hall was
present. Hall stated that his attorney,
Will Sullivan, had sent legal documents to Atty. Drescher. Hall then submitted copies of the development
agreement Atty. Sullivan drafted. Griffin stated
that the Selectmen haven’t seen the development agreement yet. Arico
asked if the legal documents allow cutting in the open space. Hall stated he has the right to work with the
Conservation Commission to clean the trails, he can give easements for thinning
and they can do timber management with the approval of the Conservation
Commission. Arico asked they could thin out branches so people can have a view
of the pond on the open space. Hall
replied yes and added that it is usually dead limbs. Hall stated that the Conservation Commission
has general oversight of the open space.
Hall stated he believes he more or less has control of view easements
until he sells the last lot. McKinney pointed out that there are no
covenants restricting animals. Hall
stated that there are no restrictions relative to animals and added that he
tries to leave the covenants open because things change over time. The applicant agreed to continue with the
application at the next meeting on March
27, 2007.
8:05 PM Mystic
Brook, LLC – 19-lot open space subdivision of Map 1 Lots 57 and 58 off Old
Milford Road, Review for Approval,
continued. Immorlica was reseated and took over as chair. Chad Branon, of Meridian Land Services, was
present. Branon stated that they have
received all of their state permits.
Branon submitted revised plans to the board. The board then went through Vollmer’s review
comments and Meridian’s
responses. There was a brief discussion
regarding K-values. The board was okay
with Meridian’s response. Branon stated that Vollmer suggested they
construct a ditch on the side of Riley Road. Branon stated that they can not do that and
the state didn’t have a problem with it.
The board was okay with this.
Branon stated that the catch basin had been revised. Immorlica
asked if they could change the catch basin because she was concerned it would
be hard for the town to clean. Branon
stated that he feels the catch basin is an appropriate solution and the client
wanted to keep the catch basin. Griffin added
that the silt will probably go to the detention basin. Immorlica
pointed out that the board isn’t responsible for the engineering of the
wells. Immorlica asked if they can keep the salt out of the wetlands. Branon stated he is not sure they can and
added that the state has no requirements for restricting salt use in wetlands
crossings.
The
board continued to read through Vollmer’s comments and Meridian’s
responses. Immorlica stated that the board has changed the road standards from
12’’ and 4’’ to 8’’ and 8’’ for gravel. Immorlica asked if they would be
willing to switch to 8” and 8”. Branon
stated that he didn’t see a problem with it and they should be able to change
it. The board did not have any problems
with the Vollmer comments. Immorlica asked if the town will have
access to the open space. Branon replied
yes. Immorlica stated that the access is very wet and asked for a
boardwalk. Branon stated that he could
discuss it with his client and added that there is access from the other open
space. Griffin stated
that he has real concerns about what the subdivision will look like when it is
built out. Griffin feels
that it is going to be too congested. Arico stated that she lives in the
Historic District and it is congested but it is a different kind of
neighborhood with some benefits. Arico added that the new subdivision
may have lower home prices.
Branon
stated that they are trying to finalize the development agreement and the only
other outstanding item is the memo from the Fire Chief. Arico
asked about the note for phasing. Branon
stated they intend to address phasing in the development agreement. The applicant agreed to continue with the
application at the next meeting on March
27, 2007.
8:45 PM Desmarais,
Mitchell and Mason – 18-lot open space subdivision of Map 5 Lot 65 off Westgate
and Kendall Hill Roads, Review for Approval, continued. Ken Clinton, of Meridian Land Services, was
present. Immorlica stated that she emailed Clinton
and let him know they were missing the calculations on the front page of the
plan. Clinton
stated he added it to the plan. Clinton
stated that the legal documents have been reviewed and they still need the memo
from the Fire Chief. Clinton
stated that they feel it would be preferable to increase the phasing to 6 homes
a year for 3 years. Arico stated that phasing allows everyone to build something and
that the board didn’t want to limit building with growth management. Immorlica
stated that overall she doesn’t like to vary things because it sets precedence and
she would like to stick with the phasing schedule as it stands.
8:56 PM McKinney
moved to not waive the phasing schedule.
Griffin
seconded. All were in favor. The motion passed. The board then looked through the Vollmer
comments and Meridian’s responses. Clinton
stated that they discussed the K-values with Vollmer although they didn’t
acknowledge that in their comments. Griffin
reminded the applicant about paving the whole cul-de-sac at the end of the
project. Immorlica pointed out that there are no regulations requiring wells
to be outside of easements and the applicant will have wells within
easements. Immorlica questioned the stop signs. Clinton
stated that there are stop signs on the cul-de-sac. Clinton
stated that Vollmer felt it was necessary because it is a town road. Immorlica
asked if they would be willing to change from 12” and 4” to 8” and 8” for the
road standards. Steve Desmarais stated
that he does not want to change.
Desmarais stated that he will use Dave Hall’s development agreement and
add a paragraph about the cul-de-sac. Immorlica stated that they will not get
a conditional approval until they get the development agreement and an opinion
from Atty. Drescher. The applicant
agreed to continue with the application at the next meeting on March 27, 2007.
9:25 PM Quinlan stated that
he will give copies of the CIP report to everyone to review at home. Quinlan
stated that he added a summary of recommendations at the end and noted that
they had serious problems with the school boards. Angela Wilson, administrative assistant,
stated that she would email the checklist revisions to the board for their
review.
9:34 PM McKinney
motioned to adjourn the meeting. Quinlan seconded. All were in favor. The meeting was adjourned.
Respectfully submitted,
Angela Wilson, Administrative Assistant