TOWN OF HOLDERNESS
PLANNING BOARD
MEETING MINUTES
HOLDERNESS TOWN HALL
HOLDERNESS, NH
December 15, 2005
CALL TO ORDER At 7:10 p.m. Mr. Hansen called the meeting to order.
MEMBERS PRESENT Mr. Hansen, Mrs. Scotthorne, Mr. Snelling, Mrs. Peoples, Mrs. Tuveson, Mr. Horton
MINUTES It was moved by Mr. Hansen, seconded by Mrs. Scotthorne to accept and approve the minutes of the November 17, 2005 meeting as amended. Vote was unanimous
The following amendments were made to the minutes of the November 17 2005 meeting:
1. Mrs. Richards name shall be inserted in the blank that appears in the minutes
2. Rick and Wanda Bogen shall be reflected as the renters of Mrs. Geraldine Monti.
3. It shall be clarified in the minutes that the boathouse being referred to is the Manor boathouse.
PUBLIC HEARING Mr. Hansen advised that the Board is presently waiting for
(Continuation) a septic design to be submitted to the Health Officer. He
2 lot subdivision for stated that the proposed septic system is too close to the
Barbara S. Santiano, property line on one side. He added that the proposed
US Rt. 3, Map 244 Lot 14. septic system will be moved down the hill to where the
property widens out.
Mr. Hansen reported the State requirement is that the septic system needs to be 4,000 square feet in area. Mr. Hansen stated that the test pit requirement has been completed. Mr. Hansen advised that the property line follows the brook on the property and that the proposed septic system will be 35’ from the right of way and 125’ from the brook.
Mr. Richard Mardin advised the Board that he has no problem with this septic system design and that the system will fit where it has been proposed.
It was moved by Mr. Hansen seconded by Mrs. Tuveson to accept the application as submitted. Vote was unanimous.
Mr. Hansen called for public and abutters input, none was heard.
Mr. Horton inquired as to where the proposed driveway will be located and the applicant advised that the driveway is proposed to come into the middle of the lot and curve to the right toward the brook and then go up the hill to the primary residence.
The applicant inquired if the septic system is considered a structure and the Board advised that it is considered a structure, since it is man made.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson to accept the subdivision contingent on receipt of State subdivision approval and setting of pins as discussed. Vote was unanimous.
Condominium Conversion Atty. Jack McCormack and Mr. Randall, Land surveyor
Tax Map 102-23, Geraldine were present representing Mrs. Geraldine Monti.
Monti The Board reviewed the property map.
Mr. Randall explained that there are presently two existing dwellings on the property. The Board was advised that the property can’t be subdivided. The Board was further advised that there will be no change to the use of the property.
Mr. Randall advised that there will be a common area and both will use the common driveway and there will be parking near the cottages.
The Board was advised that there has already been State approval for the septic system for the property. Mr. Randall stated that the conversion to condos will make for easier transfer of property.
Mr. Randall reviewed the restrictions to be placed on the condominiums.
Mr. Randall stated that one dwelling on the property is a year-around primary residence and the other dwelling is a seasonal unit. Mr. Randall pointed out that there will be no physical subdivision of the property. He stated that the condo owners will own a percentage of the property. Mr. Randall advised that the condo owners cannot convert their condos to year round residency.
Mr. Randall stated that the restrictions are enforceable by the Board and other condo owners. The Board can seek to revoke their approval if the condo ownership agreement is violated.
Mr. Randall noted that the primary dwelling on the property will be condo as well.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson to approve the application as presented. Vote was unanimous.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson to accept the condominium proposal for Mrs. Monti as presented, subject to receipt of the NHDES condominium approval. Vote was unanimous.
(Continuation) Rolland and Paula Reynolds as well as Tom Stepp came
7 lot subdivision for before the Board. Mr. Hansen advised the public that
Rolland and Paula several members of the Planning Board and 2 members
Reynolds, Snowy Owl of the Conservation Commission had visited the property
Woods, Perch Pond Rd., on November 19, 2005.
Map 221-6 and 7
Mr. Hansen explained that the Planning Board had requested written comments from the Conservation Commission prior to the December 15, 2005 meeting. He stated that the Conservation Commission had submitted their written comments prior to the meeting.
Mr. Hansen expressed his concerns as to how much wetland would be impacted by construction of a road into the property.
Mr. Hansen stated that the Conservation Commission, in their written comments, commented that they would like the Planning Board to contact DES to make a visit to the property to look at the quality of the fill being used on the property and the quality of the culverts near the property as well as the impact of the construction of the road into the property.
Mr. Hansen suggested to the Mr. & Mrs. Reynolds and Tom Stepp that the location of the road into the property be relocated closer to the primary residence or near the barn, noting that both relocations would have less impact on the wetlands.
Mr. Reynolds advised the Board that he had a wetlands expert look at the proposed location of the road into the property. He explained that this expert had said that a 30’ foot bridge over the brook would not impact the wetlands.
Mr. Hansen said he was still very concerned that the construction of the road would really impact the wetlands.
Mr. Stepp advised the Board that the road could be relocated further east of its proposed location, but that it would probably be better to be close to the house and that less wetlands would be impacted.
Mr. Horton questioned if the road designation as a scenic road would have any implications on the issue before the Board.
Mr. Hansen advised that the scenic road designation was not relative in this case, as this is a private road. He added that the Town would have to accept the road and then it could be accepted as a scenic road.
Mr. Hansen advised the Reynolds that they will have to go for a wetlands permit. He stated that the provider of the wetlands permit will be asking the same questions that the Planning Board is now and noted that the permit providers take guidance from the town.
The Board was advised that John had showed the Board the road slopes and that the slope of the roads were more than 10%. The Board was advised that the acceptable road slope was 12% grade.
Mr. Hansen stated his opinion that the Board would not waive the 12% grade. Additionally, Mr. Hansen stated that the Board would be looking for Erosion and Sediment Control Plan presented by a qualified engineer, who will be expected to make a presentation to the Board.
Mr. Hansen stated that the Board is concerned about any runoff from the property. He said that the Erosion and Sediment Control Plan will also need to include runoff controls.
Mr. Snelling questioned if there was a septic system and driveway planned for each parcel. He questioned if it was possible for the Board to see any plans for the property in advance of construction.
The applicant was advised that the driveway has to be less than 25% pitch. Mr. Reynolds advised the Board that a septic system was approved for the property.
The Board discussed the issue of dead end streets as per the town ordinance. Under the ordinance, the Board noted that the applicant must provide a turnaround of at least 60’ and an island that measures 120’ in the middle of the lollipop. It was also stated that there has to be 60’ from the center to the outside edge and 50’ from the right of way. The Board discussed the fact that this takes up 220’ at this location on 6-19-J Subdivision with boundary on water body. It was noted that the proposed road must be able to accept fire and emergency equipment.
The Board suggested to the applicant that the road be widened over the brook. It was further suggested by the Board that the applicant speak with the Fire Chief to make sure that fire and emergency equipment will be able to navigate the proposed road.
Mr. Snelling raised the question about constraints on the driveway.
Mr. Hansen advised the Board that the road needs to be accepted as a town road and brought up to town standards.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson to continue this public hearing to the Board’s January meeting to give the applicant time to obtain the Board’s requested information, which includes the following:
· An Erosion Control Plan
· A Plan Indicating an Engineered Way to Get Across the Brook Without Impacting the Wetlands
· Information Pertaining to the Percentage of Slope of the Proposed Driveway
Vote was unanimous.
Boundary Line Adjustment Mr. Randall stated that there was a Boundary Line
between property owned Adjustment agreement between Hawkins and SLA.
by SLA and the LeFrieniers. He stated that before the Boundary Line Adjustment could
be finalized, the Hawkins sold the property to SLA. He explained that SLA has told Mr. Randall that they will honor the Boundary Line Adjustment. He stated that SLA proposes to extend the lines back, to give the LeFrenier property 1 acre. Mr. Randall explained that the LeFreniers presently have 5.7 acres and wish to add .75 acre and SLA owns 56.7 acres. Mr. Randall stated that with the present Boundary Line Adjustment, the present septic system will be put back on the LeFrenier’s property.
It was moved by Mr. Hansen, seconded by Mrs. Peoples that to accept the Boundary Line Adjustment as presented. Vote was unanimous.
5-Lot Subdivision on Mr. Stepp and Mr. & Mrs. Peck came before the Board
Mt. Prospect Road to discuss their proposal for a 5-lot subdivision off Mt.
(Tom Stepp and Philip Prospect Road. Mr. Stepp advised that the abutters to
and Robin Peck) the property are Karriad Kennels and the Gayle Kastengay
property.
The Board was advised that lot 5 was 160’ below the elevation of the other 4 lots. The Board was advised that there is an existing driveway. Additionally, the Board was told that there is a 150’ right of way on the Huckins property and there is a 50’ right of way on the Karriad Kennels property. It was stated that each right of way serves a back lot.
It was explained that Phil and Robin Peck are proposing that the present driveway would access two existing buildings on the property and access two more lots to the rear of the parcel with two houses on each lot.
It was stated that the driveway would service the two existing dwellings on the property. The Board advised the Pecks that the present driveway could service the 2 dwellings, but that the additional 500-600’ would need to be brought up to town standards so that fire and emergency vehicles could reach all dwellings on the property. The applicants were advised that under the town ordinance a driveway can only service two dwellings.
Mr. Hansen expressed his concern that he would like to see one driveway cut instead of the proposed two. He also said he would like to see one access road for the four dwellings as well as lots 2, 3, and 4.
The Board would like to see the road upgraded to the four dwellings.
Mr. Hansen inquired as to why two roads are being proposed when only one is necessary.
Mr. Hansen advised the Board and the applicants that a town road has specific road width requirements and that a driveway is the owner’s concern not the town’s.
Mr. Hansen noted that the road needs a lollipop: 120’ center and a 50’ right of way around the outside to create an island.
The applicants were advised that if the property remained 2 lots, the road could stay as it presently is.
The Board discussed lot 5. It was noted that Lot 5 is bordered by Scott Fields with a 50’ right of way and the rest of the lot can’t be accessed. It was pointed out that a parcel of land southeast of the 50’ right of way is a good place for a building. Mr. Hansen advised that in 2002, the Planning Board and Board of Selectmen discussed this property as the Francesco’s (owners at the time), wanted to market the property as buildable property.
Mr. Hansen stated that the Town Selectmen say that Huckins Hill Road is a Class VI road and as such, the Town does not have to maintain it.
The Pecks expressed their belief that lot 5 should be a buildable lot. The Pecks emphasized that they would share the cost of maintenance with the Fields and could draft an agreement. The Board advised the Pecks that the Town would ask for a joint agreement between the Pecks and the Fields concerning maintenance of the road.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson, that it is the sense of the Board that the Board look at Lot 5 as a buildable, lot subject to the approval by the Town Selectmen agreeing and commenting on the status of Huckins Hill Road. Vote was unanimous.
Mr. Todd Lambert and Mr. Lambert and Mr. MacCrainey came before the Board
Mr. Richard MacCrainey regarding a proposed boundary line adjustment.
Boundary Line Adjustment Mr. Lambert and Mr. MacCrainey explained that the proposed Boundary Line Adjustment involves a land swap to enable Mr. Lambert to have a driveway to Lambert land. It was noted that there is presently a 50’ right of way that is not used and Mr. Lambert would like to use it.
It was moved by Mr. Hansen, seconded by Mrs. Tuveson to approve the Boundary Line Adjustment as presented. Vote was unanimous.
OTHER BUSINESS Mr. Hansen reported that on December 1, 2005 he had reviewed the Master Plan maps. He advised that he also met with the LRPC, whose contract is set to expire at the end of December. Mr. Hansen stated that LRPC asked the Town for more time to complete their work on the Master Plan. He said that LRPC is requesting the Planning Board extend the LRPC contract. It was the consensus of the Board to grant LRPC and extension of the present contract as discussed.
Mr. Hansen reported on a workshop he recently attended at UNH regarding driveway cuts on both existing lots and subdivisions.
The Board discussed procedural items with regard to voting on applications.
Mr. Hansen explained to the Board that the Planning Board has the right to have an independent engineer look at wetlands at the applicant’s expense. He stated that the cost for such an engineer would be hard to determine, because the engineer will not know how long it will take him to make the assessment.
Mr. Hansen advised that the Governor’s Commission is reviewing the Shoreline Protection Act. He said that no one wants to throw out the act, but it does not work. Mr. Hansen stated that the Towns would like to know the rules of the Act. Mr. Hansen stated that the Commission has until November of 2006 to come up with a new Act. Mr. Hansen advised that there is legislation underway to create Shoreline Setbacks.
Mrs. Peoples raised her concern about the contamination of abutters wells from a subdivision.
Mr. Hansen explained that if there is a good erosion plan, there won’t be any sediment in the abutters wells.
ADJOURNMENT At 9:19 p.m. there being no further business to come before the Board, it was moved by Mr. Hansen, seconded by Mrs. Peoples that the meeting be adjourned. Vote was unanimous.
Respectfully Submitted
Paula Hancock
Recording Secretary
For Board Works
| 
