MONT VERNON PLANNING BOARD

Mont Vernon, NH 03057

MEETING MINUTES – TUESDAY JANUARY 26, 2010

AGENDA

7:30 PM Coach Road Associates, Inc./Hartshorn Woods – Consolidation of lots 2-6-12 through 2-6-23 and Ingalls Circle into a single lot and consolidate two open space lots into a single lot and allow for the transfer of the remaining 9 lots to be allocated to lots 2-6-1 through 2-6-11, Review for Acceptance.

8:15 PM Public vs. Private Roads – discuss the next steps to be taken

8:45 PM Mail and Announcements

Review minutes of November 24, 2009

Review minutes of December 22, 2009

Review minutes of January 12, 2010

9:00 PM Adjournment

Seated: Don Gunter, Annette Immorlica, Paul Lavertu, Wes Sonner, chairperson; Chip Spalding, and Scott Williams

7:30 PM Coach Road Associates, Inc./Hartshorn Woods – The meeting was called to order. Immorlica recused herself. Sonner stated that he spoke with town counsel and the ZBA. Sonner stated that, at the top of I-305, it states 'single family dwellings' and it is the opinion of the ZBA that it needs a variance. Sonner stated that, in the town counsel's opinion, the original subdivision needs to be decommissioned. Spalding asked why it needs to be decommissioned. Sonner stated that he does not know and town counsel did not give a reason.

Dave Hall, of Coach Road Associates, was present. Hall stated that the 21-lot subdivision on Rte.13 was approved in 2007 and amended in 2009. Hall stated that they are asking to consolidate one part of the subdivision into one building lot and one open space lot. Hall stated that they have been to the ZBA and the ZBA sent them back to the Planning Board. Hall asked the board to table the multi-family issue and only consider the consolidation. Hall stated that the consolidation should not require anything because they are not adding anything. Hall stated that they are just asking that the 10 lots on Ingalls Circle be consolidated into one building lot and they will work with the board at a later date to determine what can be done with the remaining lots. Ken Clinton, of Meridian Land Services, was present as well. Clinton stated that it is basically a subdivision in reverse. Clinton stated that, by consolidating into one lot, they remove a road and increase the open space in both gross and net area. Attorney Will Sullivan, representing Dave Hall, stated that he has never heard of decommissioning. Clinton stated that note #5 states that Ingalls Circle is null and void. The board discussed accepting the application.

7:45 PM Gunter moved to accept the Hartshorn Woods application. Williams seconded. All were in favor. The application was accepted. Clinton stated that they took out the notes regarding the multi-family dwellings and added that the subdivision is still suitable for up to 21 lots. Hall added that the single subdivision was approved for up to 21 lots and they are not asking for anything relative to the 9 remaining lots right now. The board had a brief discussion regarding the ability to fit 21 lots in the remaining subdivision. Clinton stated the he feels it is important that it states on the plan that the parent tract yields 21 lots. Spalding asked why they wouldn't just show all 21 lots in the remaining part of the subdivision and then they could always consolidate those later. Hall stated that he was perfectly comfortable leaving the language out about the 21 lots as long as they aren't conceding those lots. Clinton stated that he does not know what a future board will do and he wants to protect those lots. Spalding stated that the board wants to protect them too and if they approve the plan like it is then they can't guarantee the 21 lots in the future. Hall stated that he understands and it is a risk he is willing to take. Clinton stated that it is a 12 lot plan with the understanding that the parent tract yields 21 lots. Spalding stated that the density supports 21 lots but it is a 12 lot subdivision.

8:14 PM Sonner opened the hearing to the public for comments. Sally Wilkins, an abutter, questioned the further subdivision of the large lot. Wilkins stated that it seems like it will not be further subdividable and would like to see a note on the plan that states it can not be further subdivided. Spalding stated that it does seems that it should have a note. Tony Immorlica, an abutter, did not think it should never be subdivided. Immorlica stated that if all 21 lots are not used then it should be able to be subdivided. Hall stated that he feels they agreed with the Immorlicas that they are buying one lot and the remaining lots will stay with Hall. Hall added that the covenants state the lot can't be further subdivided without the approval of the board and developer. Mike Fimbel, a member of the audience, stated that whether it is subdividable or not rests on Hall's shoulders. Fimbel stated that NH law always comes back to the parent lot and that it was subdivided into 21 lots.

Williams stated that he does not have a problem with the wording of note 7 as it is written. Williams pointed out that it says planning board approval states where the lots will be allocated not the fact that there are still 9 lots. Spalding stated that Hall may only get what is on the plan. Hall stated that he is okay with that risk but they just don't want to stipulate that they will never come back to the board. Hall stated that his intent is to build the remaining road as it is shown. Clinton stated that they have done designs for multi-family untis on the southern lots and they meet the septic and water supply requirements but, because of the ZBA, they can not show those designs to the board yet. There was further discussion regarding the notes on the plans. Hall stated that there will be some changes made to the covenants.

8:56 PM Williams motioned to conditionally approve the consolidation plan for Hartshorn Woods with the following conditions: mylar, electronic copy, 6 paper copies, state plane coordinates shown, B is stricken from note #1 and note #7 now states 'This development continues to remain a single contiguous subdivision with a maximum yield of 21 single family lots'. Spalding seconded. All were in favor. The motion passed.

9:05 PM Immorlica was reseated. The board went through the mail and announcements. The board discussed the workforce housing workshop that NRPC is offering. Mike Fimbel, a representative to NRPC for the town, spoke about his role as a representative and stated that he will be attending the workshop. Fimbel stated that he and Richard Quintal have been working on the workforce housing issue and Quintal has been talking to other towns to see what they are doing. Fimbel stated that they will be approaching the board in the future to discuss their findings.

9:19 PM Immorlica moved to approve the minutes of January 12, 2010 as written. Spalding seconded. All were in favor. The motion passed. Immorlica moved to accept the minutes of December 22, 2009 as written. Spalding seconded. Gunter, Lavertu and Williams abstained. Immorlica, Sonner and Spalding were in favor. The motion passed. Immorlica moved to approve the minutes of November 24, 2009 as written. Spalding seconded. Gunter, Lavertu and Williams abstained. Immorlica, Sonner and Spalding were in favor. The motion passed.

9:35 PM Immorlica motioned to adjourn the meeting. Lavertu seconded. All were in favor. The meeting was adjourned.

Respectfully submitted,

Angela Wilson, Administrative Assistant