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