Minutes of November 7, 2018

Sullivan Planning Board Minutes 7 November 2018

Present:  Leslie Casey (chair), Milton Trimitsis (secretary), Ann Sweet, Laura Lewandowski, Dott Miles (arrived at 7:20pm), Peter Miles.

Community members:  Todd Smith (Road Agent), Allen Vandiver (44 Hubbard Road), James Walters (373-375 Route 9), Kelly Dowd (attorney for James Walters), and Wendy Pelletier (surveyor for James Walters).

Meeting convened at 7:02pm

L  Casey moved to accept the minutes from the October 2018 meeting; A Sweet seconded.  All voted to approve the minutes.

Driveway Permit Application from Sullivan Highway Department
When the Planning Board was informed at the October 2018 meeting that the Sullivan Highway Department was submitting a driveway permit for an additional access way to the Highway Department site, the Board was unsure how to handle such and internal application.  L Casey reported that the Board of Selectmen informed her that Town departments should come before the relevant Town entities for necessary permits.  L Casey also sought guidance from the NH Municipal Association, which told her that town departments are exempt from town regulations when engaging in the normal business of their department (citing RSA 236:13, V).  Todd Smith reported that the proposed driveway is compliant with all relevant regulations and ordinances.  P Miles clarified that the nearby wetland on the property will not be impacted by the proposed driveway.  W Pelletier reported on behalf of the Conservation Commission that they did not see any problem with the proposed driveway.  A Sweet asked about whether an escrow payment was necessary in this case, and L Casey clarified that no escrow was required as the Town would be doing the work.  L Casey asked T Smith how many curb cuts there would be in total for the site, and if it was a single lot.  He replied that there would be 3.  L Casey commented that the town only allows one primary access per lot, unless a need for multiple accesses can be demonstrated.  In this case, the Board agreed that there is a need for the multiple accesses, and that there would be no safety issue.  L Casey moved to approve the permit; A Sweet seconded.  All approved.

James Walters proposed boundary line adjustment
J Walters, of 373 and 375 Route 9 (Tax map 6, lots 11-1, 11-2, 11-3, and 11-4) presented an application for proposed boundary line adjustments.  He explained that the proposed boundary line adjustment is motivated by an inability to locate a new septic system on his existing lot.  Though he had a state-approved septic plan, a construction error with the house rendered it unworkable.  He is planning to trade a 1.05 acre parcel that he owns with a 1.05 acre parcel owned by Ward Thompson; this change will allow him to site the septic system in a compliant manner.  In addition, J Walters is proposing to move the boundary line between 2 lots that he owns.

As the Planning Board reviewed the subdivision checklist for this application, it became apparent that a number of the requirements on the checklist were not relevant to this matter.  Consequently:

  • L Casey moved to waive watercourse requirement as not relevant, seconded by Dott Miles.  All approved.  
  • L Casey moved to waive information re perc test, etc because they were shown to the board but not relevant to this application; M Trimitsis seconded.  All approved.  
  • L Casey moved to waive plan for sedimentation and erosion as not relevant; D Miles seconded.  All approved.  
  • L Casey moved to waive copy of state septic approval as not relevant; D Miles seconded.  All approved.  
  • L Casey moved to waive requirement for applicant to provide copy of driveway permit as no new driveway is proposed; D Miles seconded.  All approved.  
  • L Casey moved to waive the requirement for a copy of any state or federal permit and soil data designating wetlands as not relevant; seconded by P Miles.  All approved.  

The board scheduled a site walk for 10am on Tuesday 13 November 2018.

The application will be heard formally during the 5 December 2018 meeting.  Public notice will be posted in advance, and letters sent to the abutters.

Allen Vandiver driveway permit application follow-up
Allen Vandiver of 44 Hubbard Road (Tax map 3, Lot  99) appeared before the board to follow up on his driveway permit application in anticipation of applying for a certificate of occupancy from the Board of Selectmen.  The Planning Board approved this driveway application in September 2017.  The required paved apron was constructed in early November 2018.  L Casey noted that the permit technically expired on 5 September 2018, and that the work was completed on 4 November 2018.  A Vandiver explained that the delay was due to inclement weather and unexpected difficulty installing the septic leaching field.  L Casey moved to consider the driveway complete and that Mr. Vandiver is eligible to receive his escrowed funds; M Trimitsis seconded.  All approved.

L Casey reported that she attended a daylong series of municipal law lectures.

L Casey reported that there will be an open house for the proposed Ashuelot Rail Trail on 17 November.

The Town of Sullivan submitted a nomination for Centre St for the 10-year state highway improvement plan.  The Town was informed that Centre St, as a Tier 4 road, is not eligible for federal funds, and therefore no funding would be available for improvement of Centre St.  The only funding available is for simple repaving via the District operating budget.

The public hearing for proposed CPO amendments is to start at 7:30pm on 5 December rather than at 7:00pm.  That would allow ongoing regular business to be largely completed prior to the hearing.  The public will be notified in advance of the scheduled hearing.
L Casey moved to adjourn, seconded by M Trimitsis.   All approved.  The meeting adjourned at 8:35pm.

Minutes submitted by Milton Trimitsis, Secretary.