Mont Vernon Planning Board

Mont Vernon, NH 03057

Meeting Minutes – Tuesday October 28, 2008

AGENDA

7:00 PM Susan and James Magiera – Preliminary Consultation regarding lot-line adjustment of Map 3 Lot 8 off Beech Hill Road.

7:15 PM Greenway Valley Realty Trust – 3-lot subdivision of Map 2 Lot 23 off Old Amherst Rd., Review for Approval, continued.

7:45 PM Roberta Wilkins – 2-lot subdivision of Map 4 Lot 76 off Grand Hill Road, Review for Acceptance.

8:15 PM Elliott and Dawn Lyon/Light Tower Wireless, LLC – Non-Residential Site Plan Review of Map 7 Lot 3.

8:45 PM Flood Plain Ordinance – Tom McKinney

9:10 PM iTRAC Research summary – public versus private roads

9:30 PM Adjournment

Seated: Vicky Arico, Jim Bird (seated as indicated), Mark Bolinsky, Annette Immorlica, chairperson and Tom McKinney

Selectmen’s Representative: John Quinlan

7:00 PM Susan and James Magiera – Preliminary Consultation regarding lot-line adjustment of Map 3 Lot 8 off Beech Hill Road. The meeting was called to order. Susan and James Magiera were present. James Magiera stated that they would like to know how to make 2 lots into one lot. Susan Magiera added that the other lot currently has a house on it and they want to make the house into a barn. Arico stated that they need to change the house into the barn first and then come back to the planning board because the board can not approve a lot merger with 2 residences on it. Susan Magiera asked if they could have the building inspector look at it and verify that the barn in converted. The board agreed that they should do that and then come back to the board.

7:10 PM Greenway Valley Realty Trust – 3-lot subdivision of Map 2 Lot 23 off Old Amherst Rd., Review for Approval, continued. Tom Carr, of Meridian Land Services, was present. Carr stated that they have chosen Emerson Way as the name of the road and it has been approved. Carr stated that he put notes on the plan regarding the common driveway as well as showed the silt fences on the plan. Carr stated that they have also received the wetlands permit.

The board then had a brief discussion regarding legal review of the common driveway easement. Quinlan stated that he feels the board needs to have it reviewed. Bolinsky and McKinney did not feel it needed to be reviewed. Carr stated that note 23 states that the common driveway can not be made a public road unless approved by the planning board. Immorlica pointed out that, as a common driveway, it is not built under town supervision. Immorlica also pointed out to the board that during the worksession the board agreed not to send the common driveway easement for legal review.

7:20 PM McKinney motioned to send the common driveway easement for the Greenway Valley subdivision to town counsel for review. Arico seconded. Immorlica stated that she did not feel they should get involved in a private matter. Arico stated that town counsel will look at the easement from the town’s point of view. The board voted. Immorlica was opposed. Arico, Bolinsky, McKinney and Quinlan were in favor. The motion passed. The board agreed to have Immorlica look over the review and forward it on to the applicant when completed. Immorlica then asked how the board will know when the second house is gone. Carr suggested that they could hold building permits or certificates of occupancy until the house is gone. Immorlica asked the administrative assistant to write a letter to the building inspector stating that building permits will not be given until the second house is gone.

7:28 PM Roberta Wilkins – 2-lot subdivision of Map 4 Lot 76 off Grand Hill Road, Review for Acceptance. Jim Bird was seated. Mike Carter, of Todd Land Use Consultants, was present. Carter stated that the Wilkins family is looking to break out a 5 acre lot. Carter stated that there is a little bit of wetlands on the site and they have done test pits. Carter stated that they will have the driveway come off Weston Hill Road. Immorlica stated that they looked at the plan during the worksession and wondered where the house would go. Carter stated that the lot will be sold but there is a nice plateau on the site which would be a good place for a house. Immorlica asked if a site walk was needed. The board agreed that a site walk was not needed. Immorlica asked if the applicant had any future intent to subdivide. Carter replied no.

Carter stated that they would like to do a right-of-way so the Wilkins family can continue to use the woods road. Immorlica asked if it would be a legal right-of-way. Bird stated that both lots have frontage so there is a way to get into them so it is not a legal right-of-way, it is just a private contract between lot owners. Arico pointed out that there is a big leachfield area on the other lot. Carter stated that they need to show that each lot can support a house for state subdivision approval but the Wilkins family does not plan on subdividing the other lot. The board asked the applicant to complete the two checklists and the board will look at them during the worksession. The applicant agreed to continue with the application at the next hearing.

7:50 PM Elliott and Dawn Lyon/Light Tower Wireless, LLC – Non-Residential Site Plan Review of Map 7 Lot 3. Jon Springer, of Springer and Bosen Law Firm, and Kevin Breuer, of AT&T, were present. Springer stated that a cell tower is a permitted use in the zoning. Springer stated that the property is about 55 acres in size near Lamson Farm. Springer stated that Light Tower Wireless has leased a small area in the northwest area approximately 75-feet by 75-feet and will put in a compound approximately 35-feet by 35-feet. Springer stated that they are proposing a compound fenced in by an 8-foot fence with a 150-foot monopole. Springer stated that it will be built so that it is structurally capable of holding 5 carriers. Springer stated that the antennas on top are connected to the base. Springer stated that the site is unmanned and underground utilities will be running from Cross Road. Springer stated that there will be no noise, smoke or fumes produced as well as very little vehicular traffic. Springer added that there will be no lights on the tower and the compound will not be paved.

McKinney asked why they chose that corner of the site. Springer stated that there is great tree cover and it is the high point of the property. Springer stated that the diameter at the base will be about 4-5 feet and it tapers up to about 2 feet. Kevin Breuer, of AT&T, stated that there is already a site in Mont Vernon and they are proposing a site in New Boston as well. Breuer showed the board a map of coverage with the tower and without. Lou, an abutter, wondered about the stone wall near the underground utilities. Springer stated that they will not disturb the stone wall. Immorlica asked if they have looked at other sites. Breuer stated that there were no other possible sites this high up. Breuer stated that this site is the best possible site for the coverage. Immorlica asked if they looked at the New Boston Air Force Station. Breuer replied no. The board agreed not to ask the New Boston Air Force Station.

Arico was concerned that they were using Lamson Road during construction. Springer stated that they will not have to do anything to Lamson Road. Immorlica pointed out that they have widened Lamson Road recently for logging. McKinney asked how long construction would take and when it would happen. Springer stated that they would do it as soon as possible and it would be completed in about 30 days. Immorlica asked who will maintain the road for all of the trips to check the tower. Springer stated that it would only be about 1-2 trips per month with AT&T and he felt Lamson Road could handle that. Immorlica asked if they needed to do a site walk. Arico asked if they needed to do a balloon test. The board decided to hold a site walk on November 1, 2008.

8:35 PM McKinney motioned to have a balloon test. Arico seconded. Bird, Bolinsky and Quinlan were opposed. Arico and McKinney were in favor. The motion failed. The applicant agreed to continue with the application at the next hearing.

8:43 PM Flood Plain Ordinance McKinney stated that the warrant article and ordinance came to them from the state. McKinney stated that he also looked at Amherst and Milford to see where they placed it in their zoning. McKinney stated that this ordinance will help people in town get flood insurance and FEMA coverage. Quinlan stated that they need this to get money from FEMA to repair things such as roads in town. The board read through the draft ordinance.

9:05 PM Arico motioned to hold a public hearing on the Flood Plain ordinance on December 9, 2008. Bird seconded. All were in favor. The motion passed.

9:06 PM iTRAC Research Review Immorlica stated that they should come up with a list of questions for further research. Immorlica stated that the review did not talk about surfaces of roads such as whether private roads are paved. The board agreed to discuss it further at the worksession.

The board began a discussion regarding bonds. Immorlica asked who notifies the Selectmen about a bond. Immorlica stated that they need to establish some sort of procedure. Bird stated that big leverage is usually building permits and certificates of occupancy. Quinlan stated that they should find out what other towns do. Arico stated that they should have it in writing that the developer must notify the Selectmen a month before starting the road or they will get a penalty.

9:20 PM McKinney motioned to adjourn the meeting. Bird seconded. All were in favor. The meeting was adjourned.

Respectfully submitted,

Angela Wilson, Administrative Assistant