Planning Board Minutes

June 2, 2010

Call to Order: Chairman Bruce Beane called the meeting to order at 6:00 pm

Roll Call:
Members - Bruce Beane, Roberta Aldrich, Rosemary Colombi, Steve Moscicki, Al Gombas (arrived at 6:25 pm)
Alternates - Kathy Wohlleb
Secretary - Donna Clark

Meeting Minutes:
The minutes for May 5, 2010 were reviewed. Bruce Beane brought up whether items such as last month's "letter of relaxation" should be addressed separately in future meetings. He will look into it and report back. Steve Moscicki motioned to approve the minutes as written, 2nd by Rosemary Colombi, all voted in favor.

Correspondence:
The following publications and meeting announcements were received: Old Business:
Bruce Beane reported that the Road Policy Committee voted to send a final draft of the Lyman Road Policy to the Board of Selectmen at their May 12th meeting.

A zoning violation letter was sent to a Pettyboro Road property owner who has since applied for a ZBA variance as the structure under construction does not meet the minimum setback from the road.

North Country Council is not available until Aug 4th to meet with the Planning Board regarding reviewing and updating zoning and subdivision regulations.

Bruce Beane read advice from Town Counsel indicating that the Planning Board must vote to accept applications for boundary line adjustments as complete, even though they don't require public hearings under the subdivision regulations. This can be done at the same meeting where the Planning Board considers approval of the boundary line adjustment. No public input needs to be taken regarding the completeness of the application.

Bruce Beane also spoke with Dave Connell at Local Government Center about requiring taxes to be current at the time a Subdivision application is submitted. He explained that is not the Planning Board's jurisdiction to be concerned with whether taxes are paid or not. Roberta Aldrich made a motion to remove that item from the Subdivision Checkslist, 2nd by Rosemary Colombi, all voted in favor.

New Business:
Lisa Linowes' letter of resignation as an alternate Planning Board member was accepted.

A Building Permit for new home construction has been granted for: Public Meeting - Byron & Roberta Aldrich and Todd Aldrich Boundary Line Adjustment:
Chairman Beane opened a Public Meeting at 6:30 pm to receive an application from surveyor Thomas Smith on behalf of Byron & Roberta Aldrich and Todd Aldrich for a boundary line adjustment between two properties located on Tinkerville Rd, Map 220 Lot 003 and Map 220 Lot 002. If the application is accepted as complete, the Planning Board will immediately consider whether to approve the application.

Property owner Roberta Aldrich unseated herself for this matter and was replaced with Planning Board alternate Kathy Wohlleb.

Chairman Beane explained the purpose of the meeting and read from the boundary line adjustment application which proposed adding 3.08 acres from Map 220 Lot 003 to the existing 2.07 acres on Map 220 Lot 002. This is being done to resolve the issue of an existing driveway off Tinkerville Road servicing three lots while Town regulations do not allow for a driveway to access more than two lots. This situation was the result of a May 2010 subdivision that created a building lot for Jeremy Aldrich from Map 220 Lot 003 (temporarily referred to as Map 220 Lot 003A). It was made clear at that time that a building permit would not be considered for this new lot until the access matter was in compliance.

Bruce Beane confirmed the public meeting was noticed as required and certified letters were sent to all abutters. Payment in full for all fees had been received. There were no abutters in attendance. Secretary Donna Clark advised the Board that a phone inquiry had been received from abutter Joanna Cunningham but she had no issues once the plan was explained to her. After the Board reviewed the documents presented, Steve Moscicki motioned to accept the application as complete, 2nd by Al Gombas, all voted in favor.

Surveyor Tom Smith presented the plan and asked if the boundary line adjustment was approved that evening, could the Planning Board hold it and not record it until given an okay by the Aldrich family. The Board reviewed the regulations and felt they were obligated to record a plan once it was approved. Tom Smith then proposed an alternate scenario preferred by the applicants of withdrawing the current boundary line adjustment application and merging Map 220 Lot 002 with the remainder of Map 220 Lot 003 instead. Deed transfers would be required to put both parcels in the same name (Todd J Aldrich) prior to a lot merger. Once the Planning Board approves the merger and the form is recorded, Jeremy Aldrich will be able to pursue a building permit with the Board of Selectmen as the existing driveway off Tinkerville Rd will access only two lots. At applicant Roberta Aldrich's request, Steve Moscicki made a motion to accept the withdrawal of the boundary line adjustment application, 2nd by Rosemary Colombi, all voted in favor. Roberta Aldrich was given a Lot Merger form and will try to have all the paperwork, including a recorded deed showing Map 220 Lot 003 in Todd Aldrich's name, in place for the July 7, 2010 Planning Board meeting.

The public meeting on the application was closed. Roberta Aldrich returned to her seat as a member and Kathy Wohlleb stepped back to her position as an alternate.

Public Matters:
At 7:00 pm, Selectmen Jim Trudell and Elaine Sherry and Conservation Commission members Jamie Seidel and Lisa Linowes joined the Planning Board to discuss a possible easement over the Lyman highway garage property on Dodge Pond Rd for access to one of three broadband radio antenna sites proposed by Northern Community Investment Corp (NCIC). Per the requirements of RSA 41:14-a, public hearings will be scheduled after this meeting unless a one-year lease agreement, currently under consideration, is worked out in place of the easement. Selectmen Trudell will recuse himself from all proceedings involving the antennas as one of them is proposed to be sited on his property.

Tom Joyce, project manager for NCIC, was also in attendance and answered questions about the broadband antennas and the easement NCIC is requesting to maintain the antenna that will be sited on the Trudell property adjacent to the town garage. Due to the rugged terrain on the back of the Trudell lot, NCIC has obtained construction easements over several private properties for the installation of the antenna, however, the most direct access for maintenance is via an existing woods road through the town's land. The 30' wide easement will require little improvement as the antenna will be accessed by 4-wheeler or on foot. Any maintenance of the right of way will be at the expense of NCIC. Most of the issues brought up, such as restricting the use of the right of way to only service the antenna, were already addressed in the draft agreements and had been reviewed and approved by Town Counsel. After much discussion, the following wording will be added to the agreements, "All work done to the right of way will be in compliance with Good Forestry in the Granite State, the state's guide to Best Management Practices". Mr. Joyce was asked if the Town will get free Internet and was told not at this time, but perhaps in the future. He explained that the landowner's only compensation for allowing an antenna on their property is free Internet (about a $500 value per year). Zoning Board of Adjustment hearings for use variances for the antennas have been scheduled for June 22nd at 6:30 pm.

Adjourn:
Rosemary Colombi motioned to adjourn the meeting at 8:30 pm, 2nd by Roberta Aldrich, all voted in favor.

Minutes by Donna Clark