The meeting was called to order at 7:04 on Tuesday, August 23, 2022.
Members: Pam Bruss-Chair, Carol Troy-Vice Chair, Laurie Colburn, Doug Troy & Sonny Harris
Alternates: Steve Chase & Kristen Mihaly
Absent: Mel Pfeifle-Selectman’s Rep, Tom Dunne, Carol Meise & Katie Olohan-Alternate
Guests: Michael Davidson, Michael Fournier, Nancy Flanagan & Dan Higginson, Taylor Blackwell, Carol Curless & Inga Muruta
Mr. Doug Troy and Mr. Steve Chase were seated.
Review & Consideration of Minutes: Chair Pam Bruss requested one change to include the date, July 26th, 2022.
Ms. Karen Hambleton submitted two changes under ‘Fee Structure’. In the second line, add ‘for Planning and Zoning’ after ‘… Town’s budgetary account’. In the third line, strikethrough ‘of the Town’ and replace with ‘for Planning and Zoning’.
Ms. Karen Hambleton submitted one change under ‘CIP Committee’, take out the second line. Forms were already sent out to department heads.
Vice Chair Carol Troy motioned to approve the 07.26.22 Planning Board Minutes as amended. Seconded by Ms. Laurie Colburn. Five ayes. One abstained.
Public Hearing: Chair Bruss opened the Public Hearing at 7:09pm
Chair Bruss provided a summary of noticing done for a Public Hearing and read the application into record.
The Board discussed the lot line adjustment application, for Map 22 Lots 16 and 18, for Michael Fournier and Fred Schweizer properties on Davis Rd. All board members attended the Site Walk on August 23rd, 2022, at 6:15pm.
The Hearing was opened for Public Comment. Michael Davidson, resident of Keene NH supported the lot line adjustment. He stated for the record that there is a Conservation Easement between Lot 20 and Davis Rd. It prevents future construction. He said if any of the adjustment intersects with the Easement, then it needs to be noted in the event that there is a future application. Chair Bruss closed Public Comment.
Chair Bruss stated Mr. Matt Monahan from Central NH Regional Planning Commission reviewed the lot line adjustment and provided a summary for the Board to consider.
Mr. Sonny Harris was concerned that all the monuments were wrong. He believed the true corners should be about 33 feet over at either point which would put that section of the right-of-way completely on their land. Mr. Harris stated the lot line adjustment should show details of the right of way such as who owns it, for legal purposes. Ms. Inga, the Church representative, stated there are areas that are blocked off and overgrown. Mr. Dan Higginson, the licensed land surveyor, worked in collaboration with another licensed land surveyor to determine these lot lines are the best evidence possible and could be defended in court. Mr. Higginson said if there is other evidence that can prove his work is wrong, he would have no problem reviewing it and tailoring the lot lines. Discussion ensued. Mr. Higginson said he would be willing to review Mr. Harris’ precise plan if it shows his bearings, distance, and monuments, and can prove how they are different than his findings. Mr. Harris sent the board his plan. The board reviewed it.
Mr. Harris recused himself from the deliberation as part of the board.
Ms. Laurie Colburn proposed to approve the lot line adjustment with conditions of getting a copy of the new deed, mylar and confirmation that the pins have been set. Mr. Higginson will make all the lot line distances plus or minus to clarify they looked at it but aren’t committing to what it is. He will show the monuments set on the mylar plan as well.
Ms. Laurie Colburn motioned to conditionally approve the lot line adjustment for Map 22 Lots 16 and 18. Seconded by Vice Chair Troy.
Ms. Colburn withdrew her motion. Vice Chair Troy withdrew her second to the motion.
Mr. Steve Chase asked for Mr. Doug Troy’s opinion on the easement concerns. Mr. Troy was not comfortable with the lot line adjustment. There was a significant lawsuit around the matter. He suggested obtaining additional information. Mr. Higginson clarified that the lawsuit in question did not pertain to Parcel A. Discussion ensued. Chair Bruss said the lot line is not going to change any issues and would go with whatever property it currently sits with. If the lot line is adjusted, then the new owner assumes responsibilities.
Ms. Laurie Colburn motioned to conditionally approve the lot line adjustment for Map 22 Lots 16 and 18 with the following conditions: mylar completed, the new deeds are presented, proof the pins have been set, plus and minus on boundaries and NH State approval for a subdivision under 5 acres. Seconded by Vice Chair Troy. All in favor. None opposed.
The Public Hearing was closed.
Appearances: Mr. Taylor Blackwall, resident of Henniker was interested in buying 2 buildable acres of land from his mother-in-law, Carol Conforti-Adams who owns 28 acres on Blaisdell Lake Road. Chair Bruss explained the process of a subdivision application which would streamline the lot line adjustment. Mr. Monahan from CNHRPC is available, in office, on Wednesdays to help the public with the application process.
Lot Line Adjustment Application: There was no final review of the Lot Line Adjustment Application. Chair Bruss will follow up with Ms. Katie Olohan who is streamlining the application.
Shoreline Protection Review: Chair Bruss said Ms. Carol Meise was in charge of the Shoreline Protection Review. Chair Bruss read the update Ms. Meise sent via email. Ms. Meise met with Mr. Matt Monahan to discuss the new zoning ordinance for waterfront properties. Mr. Monahan will be asking the TIS person to do a survey at the available open lots and impermeable surface area of the lots along the shoreline of Lake Massasecum. Chair Bruss said Mr. Monahan agreed that rain gardens are a solution to runoff. Mr. Monahan will be researching with his colleagues to determine how best to proceed with incorporating it into the ordinance. He also thought that the septic upgrade and/or monitoring would be done by health ordinance from the Selectmen. All waterfront homes would have to have their septic maintenance done on a 3-to-4-year basis with certification showing it works. Mr. Monahan suggested conditional use permits instead of variances or special exceptions for homeowners to use, should they need to do something different from what is in the new ordinances. Once Mr. Monahan puts the information together and has a basic idea of how to move forward, then they will meet again. President of Lake Massasecum Improvement Association, Michael Davidson would be interested in joining a subcommittee. He explained that they have been attempting to push the NH Lakes Smart program which incorporates some of the essential features in order to produce runoff. He would be open to showing Map 22, Lot 20 to illustrate some of the things that can be done in a high runoff area of the lake.
CIP Committee: Vice Chair Troy said the CIP Committee met with department heads on August 17. The department heads presented their wish lists for the upcoming years. Ms. Colburn asked if there were significant plans in the short term that were discussed. The Highway and Fire department have significant plans in the next two years. The Energy Committee contacted the NH State Program and inspected buildings in town to make them more energy efficient. The next meeting will be on September 14th.
Other Communications: Mr. Chase said Mr. Tom Marshall has potential interest in becoming a Planning Board member. The Planning Board can have 5 alternates. Currently there are 3 alternates on the board.
Pending Tasks:
Discuss the Lot Line Adjustment Application Review
Shoreline Protection Review
CIP Committee
Mr. Steve Chase motioned to adjourn. Seconded by Mr. Troy. All ayes.
Meeting adjourned at 8:00.
Respectfully submitted by Hannah Gardner