ANTRIM PLANNING BOARD MEETING MINUTES
March 7, 2013
Public Hearing (Continued)
Risman-Jones (Major Site Plan Review)
Members & Staff Present: Diane Chauncey (Secretary) David Dubois (Chair)
Jesse Lazar (Vice-Chair) Janet McEwen (Alternate)
Martha Pinello (Member) Steve MacDonald (Member) Charles Levesque (Member)
Members & Staff Absent:
Mike Genest (Ex-officio) Sarah VanderWende (Member) Carol Ogilvie (Consultant Planner)
Heidi & Richard Risman-Jones (applicants) Earl Sandford (surveyor)
Jed Callen (attorney) Kathryn Przekaza
7:00PM Public Hearing
Risman Jones real Estate Development - for a proposed Childcare Center on property owned by Risman-Jones Real Estate Development located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential District. -Continued from February 21, 2013
Chair Dubois opened the meeting at 7:04PM. Ms. McEwen was appointed to sit for the absent Ms. VanderWende.
The Public Notice was read for the continued Public Hearing. New information submitted included a letter from Mr. Sandford to Mr. & Mrs. Belliveau dated November 2, 2012 and a follow up email of November 7, 2012 – neither of which had been answered. Ms. Risman-Jones sent a certified letter to the Belliveaus on November 27, 2012. The US Postal “Track & confirm” data was also submitted. The letter was never picked up and had no response.
Chair Dubois asked Mr. Sandford if he would like to add new information to the proposal.
Mr. Sandford explained via the plan for the proposed project that he had added a red line delineating the Antrim Shoreland Ordinance setback.
There were questions from the Board concerning drainage. An email (which was read to the Board) had been sent by an abutter (Renee Mercier) expressing a drainage issue on the parcel.
Mr. Sandford assured the Board that he was well aware of the drainage issues and that mitigations would be installed. He showed a French drain on sheet #3 of the plans and discussed the “rain garden”.
Atty Callen acknowledged that two variances would be necessary but that the Planning Board should proceed with the Site Plan Review and grant an approval with conditions. He stated that the two variances: 1.) To allow an expansion of an existing structure within the 100’ of the reference line (Article XI-A – Shoreland Protection); 2.) To permit expansion of the existing structure which does not conform to existing requirements (Article XVI, Sec C.1.)– Non-conforming structures)
Chair Dubois asked if a variance for an under sized lot would be requested.
Ms. Risman-Jones’ agents stated that the parcel has a commercial history and that the Special Exception had approved the use on the existing lot.
Chair Dubois stated that he was concerned with lot size, not so much the non-conforming aspect.
Atty Callen said that to ask a variance on size when the parcel is already built up does not make sense; he stated that the only no-conformity which is in control is the set back. He stated that two variances were needed.
Chair Dubois stated again that he felt a variance was needed for lot size.
The Major Site Plan Review continued.
Mr. Sandford said that 1 parking space would be eliminated and would not show on the next print.
Ms. Pinello asked if Mr. Sandford used the 100-year flood line as a reference line. When Mr. Sandford stated that he had used the 50’ DES setback, Ms. Pinello’s stated that there had been a lack of reading of the local Zoning Ordinance and that she was concerned about a presentation that started with ignorance of local regulations, and that there had been no effort to change or become aware of the local regulations.
Mr. Sandford stated that he took offense to her statements and that he had made good faith effort and had missed the local regulations.
Atty Callen stated that Ms. Pinello had a valid point but the applicant was now aware and prepared to apply for a variance. He said that Mr. Sandford had worked extensively with DES, expensive engineering had occurred, and that he thought that the proposed project was a good, environmentally safe plan. He continued that to say the applicant did not care, was wrong, and that it was realized that local regulations were missed and they would be corrected.
There were further questions concerning the entrance. Ms. Risman-Jones stated that she felt the proposed entrance was the best choice for the facility.
Mr. Levesque asked about the parking – what if all children arrived at the same time – would there be a “clog”?
Mr. Sandford demonstrated the traffic pattern and stated that although inconvenience may be experienced, it would not be a safety concern.
Ms. Risman-Jones stated that she would have a policy for traffic issues.
Another question concerned a ringed area of stones that an abutter had reported as an alleged cemetery. The Board was assured by the applicant (who wanted to stay away from the area) and her agents that, if indeed, anything was found in the cemetery area, the correct procedures would be followed. Mr. Sandford stated that he had reviewed records including insurance maps, the state library and archives and had found no record of a burial ground.
Ms. Pinello stated that “staying away” from the area was one technique, but she suggested that an assessment would be a better plan.
Chair Dubois stated that should any “issues” occur within the parcel, it is stated in the minutes that the applicant will appropriately manage the situation.
Atty Callen agreed.
Ms. McEwen questioned the play yard – the saturation level and the water diversion mitigation.
Mr. Sandford explained the use of the French drain underneath the play yard.
Chair Dubois asked for further questions, when there were none, he closed the Public Hearing.
Mr. Levesque moved to approve the application of Heidi Risman-Jones Real Estate Development, LLC by and through its Agent, Sandford Surveyor & Engineering for a Major Site Plan Review for a proposed Childcare Center on property owned by Risman-Jones Real Estate Development located at 3 High Street (Tax Map 104, Lot 104), Antrim, NH 03440 in the Residential District with 7 conditions.
Planning Board requirements, commitments and agreements made by the applicant and/or his agent as recorded in the meeting minutes dated February 21, 2013 and subsequent meetings as they pertain to this application are a conditional part of this approval.
The applicant is to obtain a building permit for any construction or alteration and adhere to all building, health and fire codes.
The applicant is to obtain ZBA variance approval from Article XI-A, Section 10 d. - Shoreland Protection District (expansion of an existing non-conforming structure within 100’ of the reference line)
The applicant is to obtain ZBA variance approval from Article VI Section C. 6. (Residential District – Non-residential uses), as authorized by Article XVI, Section C.1. (Non-conforming structures) to permit the expansion of the existing structure (to accommodate the Child Care Center) on this pre-existing lot of record, which does not comply with current minimum lot size, lot frontage, lot depth, and front setback requirements.
The applicant is to obtain Department of Environmental Services approval of Shoreland Protection application
The applicant is to obtain and comply with appropriate State licensing and State requirements for a childcare center
The applicant is to install fencing as shown on plan and to install a six foot (6’) fence on the north and west sides of the parcel.
Roll Call Vote: Chair Dubois, yes; Vice-Chair Lazar, yes; Mr. Levesque, yes; Mr. MacDonald, yes; Ms. Pinello, yes; Ms. McEwen, yes. The application was unanimously approved with seven (7) conditions.
Approve minutes of:
February 7, 2013 – Vice Chair Lazar moved to accept the minutes; seconded by Mr. Levesque. The minutes were unanimously approved as amended.
February 21, 2013 - Mr. Levesque moved to accept the minutes; seconded by Vice-Chair Lazar. The minutes were unanimously approved as amended.
March 4, 2013 - Ms. Pinello moved to accept the minutes; seconded by Mr. MacDonald.
The minutes were approved unanimously as presented.
Budget – Current year expenditures _ FYI
Subdivision & Site Plan Review Regulations – hard copies given to Board
Workshops and Trainings:
Hands-On Web Soil Survey Workshop – March 20 – 9AM – 12PM – flyer - FYI
New email address for Atty Bernie Waugh - FYI
At 8:50 PM, Mr. MacDonald moved to adjourn; Mr. Levesque seconded. All approved.
Diane Chauncey, Secretary of the Planning Board