Minutes of February 4, 2004

Chairman Steve Hamilton called the meeting to order at 7:02 p.m. Present,
in addition to the chairman, were Joe Fitzpatrick, Geoff Gardner, Dave
Jakway, Don Primrose, Ann Sweet, and Bob Switzer. Rich Hotchkiss
represented the selectmen. Also present were many residents from Apple
Hill, Tom Hanna representing Mr. Primrose, and Richard Labadie of the
selectmen and two representatives of A&L Trucking.

Minutes of the meeting of January 7, 2004, were approved as distributed.
Minutes of the special meeting of January 6, 2004, were approved as
distributed.

Continuation of the hearing on the merits of the application by Don
Primrose to subdivide 12 acres on Apple Hill Road

Mr. Primrose stepped down from his position on the board. Mr. Jakway took
his place.

Mr. Primrose placed new plats on the table, showing how he proposed to
modify his application for subdivision. Following the January meeting, he
had held several meetings with Apple Hill Residents, and they had agreed to
the modified proposal. Proposed are four house lots served by two driveway
cuts. Land on either end of the property will be added to the land of the
abutters, the Prices (.82 acres) and the Keenes (1.9 acres). Mr. Primrose
pointed out that two lot-line adjustments will be required, so he
(according to Mr. Hanna, Mr. Primrose's attorney) will waive the 65-day
rule until March 3. He also passed around an agreement outlining
restrictions to be written into the deeds of all the properties:

No lots will be subdivided
On lots 51-1, 51-2, 51-3, there will be a 75 ft. buffer the back of the lots
where there will be no cutting of trees larger than 6 in. (unless they are
diseased or damaged).
There will be no construction (except for driveway access) within 75ft. of
the front of each of the 4 lots.
In the 20 ft. setbacks on the sides of the lots, there will be no cutting of
trees larger than 6 in. (unless they are diseased or damaged).
There will be no manufactured homes on any of the 4 sites.
The minimum dwelling size will be 1200 square feet.

Mr. Hanna stated, in response to a suggestion from Eli Cinq Mars, that he
did not object to subdivision approval being conditioned upon the covenants
agreed upon being written into the deeds.

There was some discussion about a proposal to have a no-cut zone at the
front of the properties, but Mr. Hanna pointed out that the agreement had
been signed just before the meeting opened. Mr. Primrose said he did not
want to prevent homeowners from creating lawns down to the property‚s edge.

Several people suggested that one driveway cut might service all four lots,
but Mr. Primrose pointed out that using the lower cut for lot 51-3 would
create a very steep driveway. The land contours dictate that the driveways
should be built from south to north. He pointed out that he and several
neighbors had tested sight distances from the two cuts and found them
exceeding town requirements.

Mr. Gardner strongly recommended that 15 mph signs be posted on that
section of Apple Hill Road and that the constable be posted there for an
hour a day for some days to ticket speeders. Mr. Primrose noted that he
had recently clocked a school bus at 48 mph.

The checklist was reviewed, after finding that the subdivision would have
no regional impact.

Added to the items on the earlier check list was the reference to the deed
restrictions constituting part of the subdivision.

Since the hearing will be continued to March 3, it was decided only the
abutters affected by the lot-line adjustments will be officially given
official notice. Mr. Primrose will deliver the abutter list to Mrs. Sweet
in a timely fashion to assure that notice will be given within the
deadline. Mr. Hotchkiss pointed out that the subdivision approval, if
given, will be conditioned upon the sale of the properties to Price and
Keene and upon the lot-line adjustments. The Town cannot create
nonconforming lots. Chairman Hamilton reminded the Prices and Keenes that
consideration of the lot-line adjustments will require the rewritten deeds,
surveys showing the old and new lines, and plats of the surveys signed by a
licensed surveyor.

Mr. Primrose asked the board to examine the location of the pins before the
next meeting. A date was set for February 21 at 9 a.m. Mr. Hanna observed
that it was unusual for a planning board to be so accommodating. Several
board members praised the cooperative spirit in which Mr. Primrose engaged
in the negotiations that resulted in the agreement. Mr. Patnode praised
the neighbors, as well as Mr. Primrose, for working together.
A motion (Gardner/Jakway) to continue this hearing until the next regular
meeting, March 3, passed without dissent.

Chairman Hamilton reflected that there seemed to be considerable interest
in making a zoning change that would restrict some areas of town to larger
lot development. Mr. Hotchkiss suggested that some of the Apple Hill
residents might like to volunteer for a committee to look into such
changes. Mr. Primrose pointed out that conservation easements on larger
properties on the road might be sought. Mr. Morrissey suggested changing
ordinances be looked at. Mr. Stewart reminded everyone that a town survey
in advance of the Master Plan update indicated the kind of town people
want. Mrs. Sweet announced that, in response to the survey results, which
overwhelmingly supported town action to protect land from development,
there would be on the Town Warrant at the March Town Meeting an article to
establish a capital reserve fund for land protection with $1000 as the
first amount set aside. Asked about the possibility of increasing the land
use exchange tax, she replied that the selectmen preferred to support the
capital reserve fund, to be administered jointly by the conservation
commission and the selectmen.

Chairman Hamilton reminded everyone that the hearing on the modified
proposal for subdivision would be continued at the next meeting, March 3.

5 minute break; meeting resumed at 8:10 p.m.
Mr. Primrose returned to his seat on the board.

Preliminary consultation on proposed site plan approval for A&L Trucking
Mr. Hotchkiss, citing the study by David DeBaie, traffic engineer for VHB,
pointed out that the study limited itself to a section of Gilsum Road,
ignoring use by A&L trucks of Church Street, South Road, and Centre Street.
Consequently, several accidents were ignored. Additionally, trucking
hours were assumed to be limited to either end of the day. Mr. DeBaie
responded that he was given parameters within which to conduct the study.
Mr. Hotchkiss declared that the planning board needed a plan for the
trucking operation that would ensure public safety, including stipulations
about screening drivers for sobriety and health, controlling driver speeds,
restricting hours of operation and roads to be used. Mr. DeBaie referred
to the recommendation that speed limits be posted more frequently to remind
drivers. Chairman Hamilton noted that more signage was needed generally in
the town. Mr. Hotchkiss added that the A&L trucks have, by their wide
swings out of the driveway, been breaking up the pavement across the road.
Mr. DeBaie pointed out that the depth of the pavement is inadequate for
existing traffic. Another 2‰ should be provided now and an additional 1‚‰
for the expansion of the A&L trucking operation. Mr. Primrose said that
the requirements for pavement assumed empty trucks, but often the trucks
are full. Mr. DeBaie reiterated his dependence on the information he had
been given by Mr. Alexander. He promised to report the board‚s concerns
about driver management as well as the roads used. Several board members
then complained about the use of jake brakes, especially at 5:30 in the
morning. Mr. DeBaie promised to report the complaints to Mr. Alexander.

Janet Brunell was also present to learn what needed to be done to prepare
for the site plan approval application. Chairman Hamilton asked her to
remind Mr. Alexander that this was a to be new application, a fresh start.
Consequently, there might well be requirements not made in the first
application which had been denied. Mr. Primrose pointed out that because
of abutter concerns, we should require a formal survey. A
motion(Hotchkiss/Gardner) that the requirement for a survey by a licensed
surveyor not be waived passed unanimously. Chairman Hamilton asked Ms.
Brunell to tell Mr. Alexander that the board expects his completed
application by the next meeting, including the formal survey. He advised
her that Mr. Alexander should review the conditions set out by the Zoning
Board of Adjustment in April of 2000 and suggested that the May 2002 letter
from the planning board would be a useful reference, too.

Member business

Mr. Switzer asked about the accessory apartment on Centre Street. Mr.
Hotchkiss said research shows the property may be two properties. The
location of the apartment will have to be measured in regard to lot lines.

Mr. Fitzpatrick asked about following up on the question of creating new
zones with different lot sizes. Chairman Hamilton suggested that everyone
think about it during the coming month. Mr. Primrose said he could imagine
several zones and offered to draw, but not before May, a map showing where
each could be.

Mrs. Sweet said the Master Plan update was nearing completion.
There being no further business, the meeting adjourned at 9:25 p.m.

Respectfully submitted,

Ann Sweet, Secretary