MONT VERNON PLANNING BOARD

Mont Vernon, NH 03057

MEETING MINUTES – TUESDAY NOVEMBER 25, 2008

AGENDA

7:00 PM Greenway Valley Realty Trust – 3-lot subdivision of Map 2 Lot 23 off Old Amherst Rd., Review for Approval, continued.

7:30 PM Roberta Wilkins – 2-lot subdivision of Map 4 Lot 76 off Grand Hill Road, Review for Acceptance, continued.

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

9:00 PM Adjournment

Seated: Vicky Arico, Mark Bolinsky and Annette Immorlica, chairperson

Selectmen's Representative: John Quinlan

Alternate: Chip Spalding

Absent: Jim Bird

7:00 PM Greenway Valley Realty Trust – 3-lot subdivision of Map 2 Lot 23 off Old Amherst Rd., Review for Approval, continued. The board went through the mail and announcements. Tom Carr, of Meridian Land Services, was present. Carr handed in the finalized legal documents and stated that they need to get the plan approved. Immorlica stated that she felt he needed to get the documents signed first. Carr stated that they have a problem with the house because now there are squatters living there. Carr stated that they need to get the squatters out but that could take a few years. Carr asked the board to consider just restricting the building permit for that lot. Immorlica stated that they did that in a letter to the building inspector.

7:15 PM Arico motioned to conditionally approve Greenway Valley Realty Trust 3-lot subdivision with the following conditions: 6 paper copies, mylars, an electronic copy and the signed legal documents. Bolinsky seconded. All were in favor. The motion passed.

7:16 PM Roberta Wilkins – 2-lot subdivision of Map 4 Lot 76 off Grand Hill Road, Review for Acceptance, continued. Chip Spalding was seated. Mike Carter, of Todd Land Services, was present. Carter stated that the monuments were set last week, they have revised notes 5 and 9 on the plan and revised the rear setback line. Carter stated that they did not think they needed to monument existing roads, only new roads, and they are not doing a new road. Carter pointed out that there is a triangular piece of land that the family intends to give to the town where the road is on the Wilkins' land.

Spalding stated that he would like to see some type of easement to allow DPW to come in and maintain the culvert and try to obtain 25-feet from the center line of Mason Road to the south for an easement to maintain the road. Spalding also stated that there is a cross culvert at the intersection of Weston Hill and Mason Roads. Carter stated that they wanted to request that soils and topography can be absent from the mylars to keep it clear. The board agreed with that request. Spalding stated that the description of the easement could start at the granite bound. Carter stated that they will contact DPW to see what the amount they need to maintain the road. Spalding stated that it would be helpful if they had the diameter and material of the cross culverts. Arico asked Spalding about setting the bounds on an existing road. Spalding stated that if it is an existing town road and not a new road then the board is placing a hardship on the applicant. Arico asked if they need a waiver. Spalding stated that it is not a new road so he doesn't think it even applies. Immorlica stated that she is inclined to have them ask for a waiver just to make sure it is covered.

Leo White, an abutter, stated that they showed an access coming across his land. Carter stated that it was the proposed driveway on the parent lot but they don't intend to sell the parent lot. Immorlica asked if they are going to register the plan with Prospect Street on it. Carter replied yes. Leo White asked what it means to have a right-of-way on his property. Carter stated that he does not need to do anything to the right-of-way. Immorlica stated that they need a written request for the waiver, a written drainange easement and cross culvert easement. Immorlica stated that they need to be legal documents and they need to be reviewed by town counsel. Spalding stated that he thought it would be well documented on the plan and the plan is a legal document. Quinlan stated that they need a legal document that is reviewed. The applicant agreed to continue to the next hearing in January.

8:05 PM Elliott and Dawn Lyon/Light Tower Wireless, LLC – Non-Residential Site Plan Review of Map 7 Lot 3, continued. Jon Springer, of Bosen and Springer Law Firm, was present. Springer stated that they have talked about the use of Lamson Road. Springer stated that they do not anticipate needing to make any improvements to Lamson Road. Springer stated that they can access the tower from the Lyon's property if they need to do so. Springer stated that they have revised the plans and added some notes to the plan. Springer stated that they need to go to the Selectmen to discuss the bond and felt that they could make it a condition of approval. Immorlica asked if they have explored other sites and if it would be possible to bring the tower to Lamson Farm. Springer stated that they did not approach Lamson Farm but didn't think they wanted it. Springer stated that this was a previous site and that they piggy-backed off that. Spalding stated that they should be asking for a waiver from the requirement because they are supposed to show multiple sites.

Springer submitted written waiver requests and went through them with the board. Don Gunter, a member of the audience, asked what would stop them from raising the tower height. Springer stated that they can not raise the height without coming back to the board. Arico stated that they have said the tower can be built to buckle and asked that they state the tower will be built to buckle. Springer replied yes and stated that they could make it a condition of approval. Spalding stated that they need a variance for the building setback and will need to go to the ZBA. Springer stated that they could just move the tower and shed and meet the requirements. Immorlica asked if they had written evidence that no existing structure can support this. Springer stated that they submitted the original affidavit with that information. Immorlica asked if they were doing more landscaping. Springer stated that they will be using what is there. The applicant agreed to continue to the next hearing in January.

8:50 PM Immorlica stated that Don Gunter is looking to join the board and Leo White is also looking to see if he is interested in joining the board. The board talked to Don Gunter and Leo White. Quinlan stated that the original figure for the impact fees are not good. Quinlan stated that Atty. Drescher will be contacting the developers' lawyer and ask them what they are looking for but in the long term, they will probably be looking to get rid of impact fees.

9:00 PM Quinlan moved to adjourn the meeting. Bolinsky seconded. All were in favor. The meeting was adjourned.

Respectfully submitted,

Angela Wilson, Administrative Assistant