Planning 082411 Minutes

Present: Ron Poltak, Carol Peterson, Alan Côté and Paula Marzloff, Members. Karen Woods and Keith Babb, Alternates. Russell Sullivan, Selectmen’s Representative; Minutes recorded by Kate Skoglund.

Mr. Poltak introduced himself and explained that in Mr. Worster’s absence he would chair this evenings meeting, with that Mr. Poltak called the meeting to order at 7:00 p.m.

Mr. Rick Eaton introduced himself and stated that he is the owner of Espana Building and Development and he is here before the Board to talk about a couple of different things, one being the bond for the roadway work for Steam Mill Road & Wellesley Circle. Mr. Eaton requested a waiver of the surety amount for the driveways, with the condition that Certificate of Occupancy’s will not be given until the finish coat of pavement is put on the road. Mr. Eaton stated the second matter he would like to discuss is the proposed surety for the gravel pit/staging area in the open space. Mr. Eaton continued that this area has been there for 9 years and has never been bonded; he does not see why it is now being dropped in his lap by Stantec Consulting. Mr. Eaton added that having this area there saves the roads, as there is no trucking in and out. In Mr. Eaton’s opinion the estimate of $80,000.00 is steep, for just $5,000.00 hydro seed can be purchased, the loam is already there and in 3 or 4 years when the development is complete he will spread the loam and hydro seed the area. Mr. Eaton again stated that after 9 years he does not see the reason for the bond now as he has stayed within the limits of what he said he would do on that area. Mr. Poltak commented that he and Mr. Worster talked at length and other developers are/would be required to bond an area like this. Mrs. Marzloff asked if there was input from the Building Inspector. Mr. Poltak noted that the Auburn Building Inspector was agreeable with the condition of not giving Certificate of Occupancy’s until the final coat of pavement is done. Mrs. Marzloff asked if there was any comment from Stantec. Mr. Dan Tatem confirmed that the Auburn Building Inspector was ok with the Certificate of Occupancy condition. Mr. Cote stated that he doesn’t have any real issue with waiving the escrow for the driveway aprons.

Mr. Côté made a motion to waive the escrow amount for the driveway aprons in the next phase of the subdivision with the condition that Certificate of Occupancy’s will not be given until the final course of pavement is laid on the roadway. Ms. Peterson seconded the motion. All were in favor and the motion passed unanimously.

Mr. Tatem informed the Board that the Gravel Pit Reclamation Surety was a direct request from the Auburn Building Inspector, $5.00 per square yard is industry standard and the surety estimate is not just for loam and seed, it includes aspects of reclamation, such as grading. Mr. Cote stated that he does not know why the bond was not required in the first place; if something were to happen to the developer it is in the interest of the town to have a surety in place so that the town could reclaim the area. Mr. Sullivan stated if that were the case he does not picture the town restoring the area beyond hydro seeding it. Mr. Cote commented that perhaps there was something in between that everyone finds reasonable. Mr. Babb asked the size of the area. Mr. Eaton replied that it was a little over 2 acres. Mr. Babb noted that a standard pit permit for 2 acres requires a $10,000.00 to $15,000.00 bond. Mr. Cote stated that he did not think that was unreasonable. Mr. Sullivan asked why after 9 years. Mr. Cote stated that it is remiss to not require a bond. Mrs. Marzloff agreed that they still have to consider protecting the town and agreed that $10,000.00/$15,000.00 was a very reasonable compromise. Mr. Eaton stated that he feels it is strange that it is being brought up now after all these years, every builder is different. Mr. Eaton suggested bonding the area when he has 10 lots left, he currently has 30 left. Mr. Poltak commented that everyone is working in good faith; the concern is to find what is reasonable for all. Mr. Poltak suggested that the matter be tabled and the Board has a conversation with the Auburn Building Inspector and Stantec Consulting; this should be done equitably with all developers. Mr. Cote noted that if this matter is tabled it should only be table to the next meeting date. Mr. Sullivan noted that developers that have staging areas on building lots don’t have to bond the area. Mr. Cote noted that a house lot is marketable. Mr. Cote added that Mr. Eaton is a reputable builder and the gravel pit/staging area is smart and keeps the subdivision looking nice. Mrs. Peterson stated that the bond was a moot issue and she recalls bonding the area was discussed and deemed not necessary. Mr. Cote stated he’d like to see those minutes.

Ms. Woods made a motion to table the surety for the gravel pit/staging area in the Open Space to a later date. Mrs. Marzloff seconded the motion. All were in favor and the motion passed unanimously.

The Board reviewed the Surety Estimate provided by Stantec Consulting for Wethersfield Phase III-III.

Mrs. Marzloff made a motion to approve the Surety Estimate of $166,166.88 for Wethersfield Phase III-III, Steam Mill Road – Sta 11+00 to 44+0 and Wellesley Circle, Station 0+00 to 6+33. Ms. Peterson seconded the motion. All were in favor and the motion passed unanimously.

Mrs. Marzloff recused herself from the following discussion. Mr. Babb proposed that until the market picks up a finish coat of pavement be put down and the apron on the last driveway be paved for a turn around. Mr. Cote asked if the Auburn Road Agent is ok with this proposal. Mr. Babb stated that he had not met with the Road Agent yet. Mr. Cote noted that a formal proposal and possibly a public hearing may be needed as this would be a deviation of the approved subdivision plan. Mr. Sullivan commented that he didn’t necessarily think so as this proposal is to pave from one station to another. Mr. Cote pointed out that a hammerhead was never planned for. Mr. Sullivan and Mr. Cote agreed that a written proposal would be necessary and that Mr. Babb should meet with the Auburn Road Agent regarding the proposal and ascertain the need for a temporary turn around easement. A resident of Boxwood Drive asked how long this would take. Mr. Cote stated that the wearing course/top coat should be laid before winter. The resident noted that she can not put the final coat on her driveway because the road is not finished yet. Mr. Babb asked when the current surety amount could be released. Mr. Cote stated that the surety is released as the improvements are completed.

Ms. Peterson recused herself from the following discussion. Mr. Mitchell, on behalf of his client began the presentation by passing out copies of revised subdivision plans. Mr. Poltak acknowledged a letter from Eric C. Mitchell & Associates on behalf of their client Jean Gagnon requesting the Board determine that underground utilities are not feasible. Mr. Mitchell stated that this request is to include utilities constructed in the existing Lovers Lane right-of-way from the existing overhead utilities on Chester Road and the lots in the proposed Gibby and Knox Subdivision. The proposed subdivision off of Lovers Lane will have underground utilities. Mr. Sullivan commented that typically the utilities have gone underground. Mr. Cote agreed but it is not required. Mr. Poltak stated that he was not going to make a decision on this tonight. Mr. Mitchell continued his presentation by informing the Board that he met with the Zoning Board of Adjustments last evening and they approved the creation of the proposed non-buildable lot on a Class VI road. Mr. Mitchell added that this lot will not be considered buildable until Lovers Lane is bonded or ungraded to a Class V highway. Mr. Mitchell continued that his client is also requesting a waiver to not require the submission of a new drainage study and a waiver from the subdivision regulation that driveways shall slope away from the finished roadway elevation at a grade of 2% for twenty feet from the edge of pavement. Mr. Mitchell explained that along the frontage of lots 8-1-2 & 5-54, Lovers Lane is proposed to be constructed with curbing and no ditch line, so if the driveways slope away from the roadway at 2% it will create a low spot where ponding and icing will occur.

Mr. Cote made a motion to accept jurisdiction for the subdivision plan for Tax Map 8, Lots 1 & 2 and Tax Map 5, Lot 54 Chester Road (Rt. 121) & Lovers Lane. Mrs. Marzloff seconded the motion. All were in favor and the motion passed unanimously.

Mr. Cote made a motion to grant a waiver from 6.13 Driveways for Lots 8-1-2 and 5-54. Ms. Woods seconded the motion. All were in favor and the motion passed unanimously.

Mr. Cote made a motion to grant a waiver to not require submission of a new drainage study for the subdivision of Lot 8-1. Ms. Woods seconded the motion. All were in favor and the motion passed unanimously.

Mrs. Marzloff commented that underground utilities are something Auburn should move forward with. Mr. Cote noted that the subdivisions utilities are coming in from Bunker Hill Road not Lovers Lane, the request for overhead utilities along Lovers Lane is not the responsibility of the applicant or the jurisdiction of the Planning Board and suggested that PSNH speak with the Board of Selectmen regarding the matter. The Board was in agreement that the utilities can remain overhead from Route 121 onto the Knox and Gibby properties.

Mrs. Marzloff made a motion to accept and approve the subdivision plan for Tax Map 8, Lots 1 & 2 and Tax Map 5, Lot 54 Chester Road (Rt. 121) & Lovers Lane with the conditions that the appropriate Bonds and Escrows are established and verification that all bounds are in place. Ms. Woods seconded the motion. All were in favor and the motion passed unanimously.

It was asked who would verify the bounds. The Board agreed that the Auburn Building Inspector should verify the bounds placement.

Mr. Blaisdell provided the Board copies of the Site Plan prepared for Alu & Sam Holdings, LLC and began his presentation on behalf of his clients by stating that a site plan was approved in 1985 for an iron works shop and office, the new buyers would like to put in a veterinary clinic, they would like to repave the parking area. Currently the septic is being shared with the house on the lot. Test pits were done with good results. Mr. Cote asked what the hours of operation would be. Ms. Amy Bright stated 8:00 a.m. to 7:00 p.m. Mr. Poltak asked if they would be providing services for small and large animals. Ms. Bright stated dogs, sheep, and alpaca but not as large as horses. Ms. Woods asked if there would be animal boarding. Ms. Bright stated no, the yard is solely an exercise yard. It was noted that emergency cases may be boarded for a night. Mr. Cote asked regarding exterior lighting. Mr. Blaisdell stated that there is existing lighting. Mrs. Marzloff questioned whether or not the existing lighting meets the Town’s regulations. The applicant was agreeable to outfitting the exterior lighting to meet town regulations. Mrs. Marzloff asked to have the signature of the current owner on the final plan. Alu & Sam Holdings, LLC’s realtor commented that if that occurs and the deal goes south the current owner would have an approved site plan for a veterinary clinic. Mr. Swiatek commented that Ms. Denise Royce had informed them that the plan would not be recorded until after the sale goes through. The Board was agreeable that the current owners name was not required on the plan if the plan was to be recorded after the sale closing. Mr. Darryl Jennato, 185 Old Candia Road asked if there would be weekend hours and what the applicant’s intention with the house that is on the lot. Mr. Swiatek stated that they hope to possibly rent the house to staff and they do not plan to have weekend hours at this time but they will open after hours for emergencies. Mr. Jennato was opposed to Sunday hours. It was agreed that the hours of operation would be 8:00 a.m. to 7:00 p.m. Monday thru Saturday.

Mr. Cote made a motion to accept and approve the Minor Site Plan for a Veterinary Clinic at 179 Old Candia Road (Tax Map 12, Lot 11) with the condition that the hours of operation agreed upon this evening be included on the Site Plan and that the exterior lighting meet town standards. Mrs. Marzloff seconded the motion. All were in favor and the motion passed unanimously.

Ø Letter from the Board of Selectmen to Charles Worster, Chairman regarding Carol Peterson.

Ms. Peterson informed the Board that she has hired Eric C. Mitchell and Associates to resurvey her property. Ms. Peterson added that she is not doing anything that she has not been doing in the past 14 years; she was not able too for a couple years because of wet weather conditions. Ms. Peterson stated that she would recuse herself from cases that involve Eric C. Mitchell & Associates and wetland matters until the matter with her property is resolved.

Ø Letter from Building Inspector to Carol Peterson regarding Notice of Violation pertaining to Priscilla Lane, Tax Map 1, Lot 36-24.

Ø Letter from Nathan Chamberlain of Eric Mitchell’s office regarding Calef Road Cluster Subdivision; Willow Court Drainage Revision.

Ø Letter from Stantec regarding Miner Road Subdivision Tax Map 9, Lot 6, Proposed Driveway Plan Compliance Monitoring Estimate.

Ø Letter from Building Inspector to Daniel Jaskolka regarding Inquiry – Change in Business Use, 248 Old Candia Road, Tax Map 13, Lot 23,

Ø Letter from Stantec to Vaughn V. Tamzarian regarding Dusty’s Transportation, Tax Map 1, Lot 36-24.

Ø Letter from Stantec to Rusty Sullivan, Chairman of the Board of Selectmen regarding Calef Cluster Subdivision Off-Site Improvements Drainage Review.

Mr. Côté moved to adjourn the Hearing. Mr. Poltak seconded the motion. All were in favor, the motion passed unanimously and the meeting stood adjourned.

The next Planning Board meeting will take place on Wednesday, September 7, 2011 and will be held at the Town Hall, 47 Chester Road.