TOWN OF BRADFORD
PLANNING BOARD
JANUARY 11, 2011
7:00PM
Call to Order and Roll Call:
Marcia Keller, Chair opened the meeting at 7:00pm with Barry Wheeler, Sonny Harris, Bill Glennie, Harry Wright, Selectmen’s Representative, Jim Bibbo, Alternate, John Greenwood, Alternate and Marge Cilley Secretary present.
Marcia Keller, Chair seated Jim Bibbo for Barbara Vannata. John Greenwood was seated for Phil LaMoreaux.
Review and Consideration of minutes of December 14, 2010:
Motion was made by Jim Bibbo to approve the December 14, 2010 minutes as presented. Seconded by Bill Glennie. Motion carried 6-0.
To Do Folder:
CIP on disk was received from Jon Marden to file in Planning Board office under CIP.
Bruss deed description and street platt received. Mylar was filed a week ago. Two letters were sent to the Selectmen and Fire Dept. for Emergency for the Street Platt. The Police letter has come in.
Jessica Selby – Modified Site Plan – Day Care-West Main Street:
Jessica Selby did not attend this meeting.
Hugh Wilkerson – Site Plan – Map 7, Lot 47:
Hugh Wilkerson appeared before the Planning Board and presented a map of the parcel on County Road, showing two lots and he also has two deeds. Mr. Wilkerson advised he has a commitment from the bank for a loan for 128 acres that is under contract now to the buyer. Also, the Title Insurance Company has agreed to issue a Title Insurance policy based on the legal description.
Mr. Wilkerson was advised that he just needs to show the abutters and stone wall on the existing map he has, and does not need a formal survey. If the property were to be subdivided, then the requirement would be more extensive. A Mylar will be required and filed with MCRD.
Marcia Keller, Chair read the RSA 676:18 Register of Deeds. I A register of deeds who files or records a plat of a subdivision without the approval of a planning board shall be guilty of a misdemeanor.
II. Notwithstanding the provisions of paragraph I, the register of deeds shall accept for recording a plat prepared and certified by a licensed land surveyor or by a former registered land surveyor if such plat bears a certificate by a licensed or registered land surveyor that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown. The recording of any such plat shall not relieve any owner from compliance with the provisions of this chapter.
11-a. Notwithstanding the provisions of paragraph I or II, the register of deeds may accept for recording a plat without the licensed land surveyor’s seal if such plat was in existence on December 31, 1969, or if the plat has been incorporated into deeds or other instruments recorded before town zoning ordinances or planning board subdivision regulations, or both, became effective in that particular town. (Comments from the planning board addressed this paragraph as being the one that pertains to this case)
III. The certificate by a licensed land surveyor shall be in the follow form:
“I certify that this survey plat is not a subdivision pursuant to this title and that the lines of streets and ways shown are those of public or private streets or ways already established and that no new ways are shown.” Mr. Wilkerson was advised when he talks to his surveyor to reference RSA 676.18. The Secretary made a copy of the RSA for Mr. Wilkerson.
Motion was made by Sonny Harris to conditionally approve Mr. Hugh Wilkerson’s lot, Map 7, Lot 47 with the following conditions: 1. A recordable plan by a surveyor, showing stone wall and abutters. 2. Showing Right of Way into William Churchill Heselton’s lot.
No stamp for the Planning Board is required.
Motion seconded by Jim Bibbo. Motion carried 7-0.
Mr. Wilkerson was advised there will be a $26.00 fee and one for LCHIP for $25.00 both payable to MCRD.
Alecia Farquhar, 266 West Road – Map 5, Lot 70:
Alecia Farquhar came before the Planning Board regarding boundaries on 266 West Road. A map and deed was brought in, and she was looking to see if there were any plans on file, and if there was a subdivision. The current taxes are based on 26 acres, and she feels that is incorrect. The Planning board advised Ms. Farquhar that they should contact a surveyor for actual acreage. An extra preliminary plan was given to Alecia Farquhar by the planning board.
Discussion took place regarding tax map errors, and what mechanisms do we have in our regulations to change tax maps. Does a licensed surveyor have to present a plan? This does need to be addressed per Sonny Harris. It was thought that a person should not have to pay a surveyor to correct an error on a tax map, but some mechanism where a land owner could come in and prove the error.
Bruss – Filing and Conditions:
The deed has been filed per Marcia Keller.
Jim Bruss has sent letters to the Selectmen, Fire and Police Departments regarding the Right of Way for emergency purposes. Some have already come back to the Planning Board.
Corsair Realty – Timing for conditions to be met:
There are no limitations on the sand and gravel conditions, however the sub-division regulations are 180 days which is what is being followed. This gives them until the May 10, 2011 Planning Board meeting to meet any conditions that have been set. Mention was made that they have not contacted the ZBA for a Special Exception which is one of the conditions. The other conditions are:
Receipt of the Storm water pollution prevention from EPA.
Receipt of suitable Reclamation Bond acceptable by the planning Board.
Discussion regarding a workshop on the Flood Plain Map from the office of Energy and Planning and Marcia Keller, Chair will check on her e-mail and she will forward it to Phil LaMoreaux. This will be on the Web.
Ballot language was forwarded to all Board members regarding Work Force Housing. The Attorney suggested that the following two sentences need to come out of the explanation. Those being: “A local Workforce Housing ordinance is necessary for Bradford to maintain some control over where and how such development occurs. Without the ordinance in place, a builder could ask a judge to approve the application as presented, taking any town guidance out of the picture.”
Language on the ballot cannot advocate passage of the ordinance, per the Town Attorney.
Discussion ensued, and it was thought that the handouts would be volunteered to be printed by Autodesk, which would not be any town expense and be handed out at different locations in town prior to Town Meeting. This will be re-worded and Marcia Keller, Chair will forward to the Secretary.
All annual reports are due in the Selectmen’s office by January 31, 2011.
Barbara Vannata has resigned as Planning Board member, and the Town Clerk’s office will give the Planning Board a copy. There is one year left on her term.
Discussion took place regarding the Naomi Payne property and what has happened there.
Motion was made to adjourn at 8:45pm.
Respectfully submitted
Marjorie R. Cilley
Secretary