Minutes of March 3, 2004

Chairman Steve Hamilton called the meeting to order at 7:00 p.m. Present,
in addition to the chairman, were Joe Fitzpatrick, Geoff Gardner, Dave
Jakway, Don Primrose, and Ann Sweet. Bob Switzer was absent. Rich
Hotchkiss represented the selectmen. Also present were many residents from
Apple Hill, along with attorneys Tom Hanna representing Mr. Primrose, Beth
Fernald representing the Town of Sullivan, Michael Bentley representing
the Keenes and the Prices. Selectman Richard Labadie and two
representatives of A&L Trucking were also present.

Minutes of the meeting of February 4, 2004, were approved as distributed.

Continuation of hearing of merits of proposed Primrose subdivision on Apple
Hill Road
Mr. Primrose stepped down from his role as planning board member.

Mr. Hanna proposed that the easiest way to handle the addition of the end
properties on the proposed subdivision to the adjacent Keene and Price
properties would be to require a voluntary merger of these pieces to the
Keene and Price properties, following the approval of the subdivision
creating four house lots. Mr. Hanna read the pertinent law, Chapter
674:39a, and asked that it be included in the record.

Voluntary Merger. Any owner of 2 or more contiguous preexisting approved
or subdivided lots or parcels who wishes to merge them for municipal
regulation and taxation purposes may do so by applying to the planning
board or its designee. Except where such merger would create a violation
of then-current ordinances or regulations, all such requests shall be
approved, and no public hearing or notice shall be required. No new survey
plat need be recorded, but a notice of the merger, sufficient to identify
the relevant parcels and endorsed in writing by the planning board or its
designee, shall be filed for recording in the registry of deeds, and a copy
mailed to the municipality‚s assessing officials. No such merged parcel
shall thereafter be separately transferred without subdivision approval.

Mrs. Sweet asked why a simple lot line adjustment would not have worked.
Attorney Fernald could not cite specific legal grounds for abandoning the
lot line adjustment approach, but she felt in this particular instance, the
voluntary merger plan would be simpler and cleaner. Mr. Hotchkiss
suggested that the board at a later date clarify some of the ambiguous
language in the current subdivision regulations.

Following some discussion of the order in which each action (recording the
mylar of the plat, deed to each new owner, and notice of the merger) should
proceed, Attorney Bentley, noting the imminence of the new tax year on
April 1, asked that the planning board sign the voluntary merger agreements
of the Keenes and Prices as soon as the subdivision was approved.

Mr. Primrose reviewed the minor changes in his new application, which
included the protective covenants seen by the board at the February 4
hearing (and listed in the minutes of that meeting).

The plat prohibits any site development from increasing drainage, requires
that any lot owner follow NH best management practices for erosion and
sediment control, and prevents further subdivision of any of the lots.
A motion (Hotchkiss/Fitzpatrick) to accept the revised application (Four
Lot Subdivision; Two Voluntary Mergers) be accepted as complete passed
unanimously.

There being no further questions from the planning board, the chairman
asked for comment from the public. There was none.
A motion (Gardner/Fitzpatrick) to approve the proposed subdivision,
subject to the sale of the properties 0-6-54-0 and 0-6-78-0 and subject to
the signing of the voluntary merger, passed unanimously.

A motion (Gardner/Hotchkiss) to approve the notice of voluntary merger and
to have the chairman and secretary sign that notice passed unanimously.
Since the three attorneys representing the interested parties agreed that
the planning board could sign the notice prior to the sale of the
properties, the notices were signed and given to Attorney Fernald, who
will hold the merger agreements until the sales of the properties to the
Keenes and Prices have been completed. Attorney Hanna will file the mylar.

The plat on mylar and six copies (one each for Keene and Price) were then
signed by the chairman and secretary.

Chairman Hamilton then (7:45 p.m.) closed the hearing, and Mr. Primrose
returned to his seat on the board.

A&L Trucking
Chairman Hamilton asked Scott Alexander of A&L whether he had an
application for site plan review. Mr. Alexander replied that he was at the
meeting only because he had been told to come. He didn’t know what was
meant by an application. He thought he had responded to all previous
requests, pointing to the traffic and safety study as one example. Several
board members objected to the DeBaie study for limiting its scope to a
portion of Gilsum Road and for other omissions. Mr. Alexander then
protested the vote of the board at its February 4 meeting not to waive the
requirement for a formal survey of his property. Chairman Hamilton asked
him to study the Site Plan Review regulations, which Mr. Alexander said
he'd never seen before, and return with any questions he might have about
what he needed to do. That would constitute a preliminary consultation.
Once Mr. Alexander felt he had assembled all the information required, he
could ask for a public hearing on his application to be set. Chairman
Hamilton reminded Mr. Alexander that he was starting from scratch with a new
application rather than building upon discussions and agreements from a
Site Plan Review process that had ended in denial.

Should Sullivan remain a one-zone community?
Chairman Hamilton asked whether board members had decided to ask for a
subcommittee to study possible new zones in town. Several members think
different zones should be created, especially a zone for commercial
activity. Mr. Primrose is especially eager to make such a study, but he
cannot begin until May. Chairman Hamilton declared the topic would,
therefore, be postponed. Mrs. Sweet reminded everyone that changing the
zoning (which could not happen until the town election in March of 2005)
would require rewriting parts of the Master Plan, now under revision.

Speeding problems on town roads, especially the Apple Hill Road curve
Mr. Gardner asked again about posting police on Apple Hill to monitor and
enforce speed limits. Others pointed to speeding problems on steep curves,
such as Centre Street and Gilsum Road. Mr. Hotchkiss, speaking as a
selectman, responded that signs and lower speeds in some places might be
considered. He promised to consult with the road agent. He added that the
new assistant constable, having nearly finished his training, would be on
duty soon and could be assigned to enforcement of driving rules. Mr.
Primrose cited the delays in reporting a serious accident on Valley Road as
evidence for the need for more policing.

Master Plan update
Mrs. Sweet reported no activity since the February 4 planning board
meeting. An update meeting is expected to take place next week.

Road conditions
Several members spoke of the need to post roads, at least to limit town
liability, against the heaviest trucks.

There being no further business, the meeting adjourned at 8:47 p.m.

Respectfully submitted,

Ann Sweet, Secretary