Minutes of October 1, 2008

Chairman Steve Hamilton called the meeting to order at 7:07 p.m. Present, in addition to the chairman, were members Michelle Degree, Joe Fitzpatrick, Dave Jakway, Keith Martin, Ann Sweet, and Bob Switzer. There was no selectmen‘s representatives. Present for the hearing were Jerome and Catherine Riesenberg, attorney Michael Bentley, and surveyor Tom Flavin. Sullivan citizens present were Rick Hotchkiss, Alice Garrapy, and John Goodine (owner of the property through which the right of way to the Riesenberg Nelson property extends). Nelson Planning Board was represented by Chairman Kathy Schillemat, Elaine Giacomo, Troy Tucker, Jennifer Fraser, Rob Germeroth, and Alicia Flannia, as well as the board’s clerk, Vangie McCormick. Attorney Beth Fernald represented the Town of Sullivan. 

Minutes of the meeting of September 3, 2008, were approved as distributed. 

Hearing on the Riesenberg subdivision approved by the Nelson Planning Board: completeness of the application 7:15 p.m.
Attorney Michael Bentley described the Nelson property and the approval of subdivision by the Nelson Planning Board on March 13, 2008. He requested the Sullivan Planning Board’s approval of the right of way through the Goodine property in Sullivan. He said the sole issues were adequacy of access and potential impact on the Town of Sullivan. He pointed out that the three houses possible in the Nelson subdivision would have minimal impact upon Sullivan Roads, and there would be no children added to the Sullivan School. He asserted the owners were willing to provide a release of municipal liability to Sullivan and Nelson regarding the private road created through the Goodine property and the Nelson subdivision. As Chairman Hamilton reviewed the checklist, the only issues raised by members were regarding existing water courses and soil data designating wetlands. After reviewing the subdivision plat and the earlier drawing of the original Riesenberg property of over 200 acres (which included two tax lots in Sullivan and a much larger tax lot in Nelson), it was decided that the brook constituting one boundary of the Goodine property was not near enough (although the road constructed in Nelson for the subdivision crosses the brook) the right of way in Sullivan to constitute a wetlands issue. Attorney Bentley also expressed the willingness of the Riesenbergs to amend the plat of the Nelson-approved subdivision to list the conditions spelled out in the deeds to the Goodine property. 

A motion (Jakway/Switzer) to approve the application as complete passed without dissent. The hearing on completeness closed at 7:55 p.m. 

Hearing on the Riesenberg subdivision approved by the Nelson Planning Board: merits of the application
After discussion, it was agreed that a modified plat listing conditions agreed upon by the Sullivan Planning Board would be created, and then representatives of both boards would sign the new plat replacing that of March 13. Mrs. Sweet asserted her concern about the remainder of the Riesenberg property, a 33.8 acre tax lot in Sullivan which did not appear on the plat when the Nelson Planning Board considered the subdivision proposal at the March hearing of which the Sullivan Planning Board had received no official notice. She declared a condition of Sullivan’s approval should be a prohibition against any attempt to develop that “stranded” tax lot. Attorney Bentley reminded the board of its limited jurisdiction. Attorney Fernald agreed that focus on that “stranded” property would have more appropriately belonged to the subdivision discussion in March in Nelson, but she stated that the Sullivan Planning Board could be recorded as excluding from its approval of the access to the Nelson property any recognition of that Sullivan “stranded” tax lot as developable. Mr. Hotchkiss stood up to point out that there are many such “stranded” tax lots in Sullivan. They are not developable because they do not meet the Community Planning Ordinance’s regulations, but they can be used for timbering and for recreation. Attorney Fernald promised some wording, which was then incorporated into the following motion by Mr. Jakway and Mr. Martin: 

This approval of the right of way leading through the Goodine property in Sullivan is contingent upon release of municipal liability (RSA 674:41) and modification of the plat of the mylar of the Nelson subdivision of March 13, 2008 to list conditions. This approval of access shall not be construed as addressing the status of the applicants’ remaining property in Sullivan, which is not developable. The motion passed without dissent. The hearing closed at 8:35 p.m. 

Revised subdivision regulations
Chairman Hamilton passed out copies of the regulations as amended by hearing at the September meeting. 

September Board of Adjustment decisions
The BOA approved: 

Creation on the Rokes property of an accessory apartment in their existing barn even though the property does not meet the size requirements; Ms. Degree raised questions about the adequacy of the septic system and water supply. 

Permission to construct one dwelling on a large lot on the Mooney property even though it lacks sufficient frontage on Centre Street. 

Status of the Cease and Desist Order against operation of Paquette wood operations on Price Road
A court date has been set. 

There being no further business, the meeting adjourned at 9:02 p.m.

Respectfully submitted,

Ann Sweet, Secretary