MONT VERNON PLANNING BOARD

Mont Vernon, NH 03057

MEETING MINUTES – TUESDAY JANUARY 27, 2009

AGENDA

7:00 PM David Hall Sr. - Preliminary Consultation

7:15 PM Wilkins Easement – Review legal opinion

7:30 PM Mail and Announcements

Review of December 9, 2008 minutes

Review of January 13, 2009 minutes

7:45 PM Budget Discussion

8:00 PM Discussion regarding review of private easements

8:30 PM Discussion regarding private vs. public roads

9:00 PM Adjournment

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

Selectmen's Representative: John Quinlan

Absent: Don Gunter

7:03 PM Wilkins Easement – Review of legal opinion The meeting began. The board reviewed the legal opinion for the Wilkins easement. The board agreed with the review and decided to forward to Todd Land Services.

7:05 PM Mail and Announcements, Review of Minutes The board briefly discussed the changes that they will be making to the application fees to better manage the budget. The board reviewed the minutes of December 9, 2008. Immorlica made a few changes to the minutes. Arico motioned to accept the minutes of December 9, 2008 as amended. Immorlica seconded. Bolinsky abstained. Arico, Bird and Immorlica were in favor. The motion passed. The board reviewed the minutes of January 13, 2009. Immorlica made a change. Bolinsky motioned to accept the minutes of January 13, 2009 as amended. Bird seconded. Arico abstained. Bird, Bolinsky and Immorlica were in favor. The motion passed.

7:15 PM David Hall Sr. - Preliminary Consultation Immorlica recused herself. Arico took over as chairperson. David Hall Sr. stated that he was before the board regarding his subdivision Hartshorn Woods. Hall stated that the Immorlicas would like to buy the northerly portion of the subdivision. Hall stated that he would like to cut the open space in half and give the Immorlicas the northerly portion of the subdivision and half of the open space. Hall stated that this does not create any new lots. Hall stated that they would change the covenants so that the homeowners of Bancroft Circle, in the southerly portion, would own 1/11 of the open space and that there would be no changes in the number of lots and no change in the amount of open space. Hall stated that the Immorlicas' intention is to put the land in current use and his only intention is to change the manner in which the homeowners own the open space. Arico asked if there was a note on the original plan that states that lots will not be further subdivided. Ken Clinton, of Meridian Land Services, replied yes but stated that it is not a residential lot and felt that the intent of the note is to prevent further subdivision of residential lots. Hall stated that they need the approval of the lot owners, the Planning Board and the Conservation Commission to change the covenants. Hall stated that the trail system will not change and it does not affect anything but the open space. Bird asked if the town holds the easement for the open space. Hall stated that the town owns a corner of the open space in the southerly portion of the subdivision.

Arico asked if they were creating a non-conforming lot. Hall stated that the open space on each side of the subdivision line is what each portion of the subdivision would need if done separately. Clinton stated that the new calculations would be shown on the new plan. Clinton stated that 21 lots would be the maximum for the entire lot and that the northerly portion could be restricted to 10 lots as per the original plan. Hall stated that they are just redefining ownership of the open space. Arico stated that if they subdivide the open space then the subdivisions are no longer conforming open space subdivisions. Clinton stated that it is not a subdivision of the entire development but a subdivision of the open space. Annette Immorlica stated that if Hall begins developing Bancroft Circle, he can no longer sell the other piece of land. Immorlica added that they would like to have this done before April. Arico stated that she would like it to be done within the covenants and legal deeds without subdividing. Arico stated that she would like to still be able to consider it one piece for density purposes. Clinton suggested that the board allow Atty. Drescher's office to speak with Hall's attorneys so that town counsel can get a better understanding of the issues they are facing. Bird suggested that they create an easement line and not a new lot in the open space and then they would not have a problem merging it later if they so choose. Arico stated that she does not have a problem with it if it is still considered one subdivision and they are just subdividing the open space lot. Bird stated that they need to define the trails. Hall stated that they are defined and they can not change without the Conservation Commission's and developer's approval.

8:15 PM Bird motioned to allow Hall's attorneys to speak to town counsel regarding the subdivision of the open space. Bolinsky seconded. All were in favor. The motion passed. Immorlica was reseated as chairperson. John Quinlan was seated. The board discussed the review of private easements and other documents. Immorlica stated that she was uneasy about the way the board has handled this in the past. Bird stated that sometimes they need to have the documents reviewed and sometimes they don't. Bolinsky thought that it depends on the situation. Immorlica stated that she wanted everyone to understand that they are talking about reviewing private documents on a case by case basis. Arico stated that she is comfortable with sending them all for review. Quinlan pointed out that people did not want the Greenway subdivision's document reviewed but it was and they found language in it that affected the town. The board decided to review private documents on a case by case basis based on safety and pertinence to the town.

8:28 PM Discussion regarding private versus public roads Immorlica stated that the board will be holding a hearing on February 3^rd for the changes to the zoning regarding private roads. Quinlan stated that Chip Spalding came to the Selectmen's meeting the previous night to discuss the changes to the zoning. Quinlan stated that they can drop the warrant for now but the planning board needs to commit to this issue and work on it. Chip Spalding was in the audience. Spalding stated that the planning board uses private roads as a planning tool to minimize subdivisions and decrease the number of lots. Spalding stated that once the applicant gets approval, they sometimes don't build the road to the proper specifications and there is no enforcement. Spalding questioned what happens once a road is built to specification but there is a breakdown between neighbors. Spalding had two ideas – to run private roads as a condo association or to limit private roads to 3 houses or less. Quinlan pointed out that it doesn't do the town any good to have neighbors at each other's throats and yelling at the town. Immorlica stated that they need to form a committee, have everyone brainstorm and they can discuss it further on February 3^rd. Arico suggested that they attach a tax break to the lots on private roads and that the homeowners have some sort of contract with the town that makes them liable to pay taxes if they don't maintain the road. Quinlan stated that the Selectmen are looking to see if there is any difference in the assessing of houses on private versus public roads. Arico also suggested that they could have one lot on the road that is responsible for the maintenance. Immorlica stated that Angela, the administrative assistant, spoke with the Local Government Center regarding this issue. The LGC stated that some towns require roads be built to town specifications but allow them to be privately owned as well as limiting the number of houses on a common driveway to under three. Spalding stated that if the board requires the road be built to town specifications then they lose some of their leverage.

9:05 PM Immorlica stated that the board received a letter from the cell tower applicant regarding the noise level that is a condition of approval. Immorlica read the letter to the board. Bird stated that the applicant needs to clarify because the board needs to know the maximum sound level at the property boundary. The board then briefly discussed the benefits and drawbacks of using PlanLink.

9:15 PM Bird motioned to adjourn the meeting. Arico seconded. All were in favor. The motion passed.

Respectfully submitted,

Angela Wilson, Administrative Assistant