Planning & Zoning Board Notices & Minutes

Apr 21, 2015

Draft Planning Board Minutes Apr 21, 2015

6:00 P.M.

PRESENT: Chairman Charlie Ryan, Val Poulsen, Jim Daly, Colin Trahan, Mary Menzies, and Joanna Ray (recording secretary)
EXCUSED: Vice Chair MacNeil, Tony J. Ilacqua, Bruce Ralston, and Mike Gilman (ex-officio)
OTHERS: Eddy Moore, Bruce Hadlock, Bryan Hadlock, Eric Pospesil, and Darin Wipperman
Chairman Ryan called the meeting to order at 6:00. Colin Trahan was designated a voting member for this meeting.

Review & approve minutes from March 17, 2015
Val Poulsen made a motion to approve the minutes as written. Jim Daly seconded the motion. The motion passed by all.

Travelers Inn, Owner / Eric Pospesil, Agent - PB15-03 – Request for a lot line adjustment at 75 Old County Rd, tax maps 76-6 and 76-7, in the C-I zone. Chairman Ryan accepted the case as complete.

Eric Pospesil, from Horizons Engineering, presented the lot line adjustment request. The entrance location is based on a plan approved by the NHDOT, abutters, owners, and the Town. Eric said he was hired to prepare a plan showing the lot line adjustment and the easements. The lot line adjustment will allow some additional parking to be located on the McDonald’s lot. The entrance location off of Meadow Street is basically where it was prior to McDonald’s being built. Eric showed the Board where the current and proposed easement area is located. It allows everyone access in and out of Old County Road. The second easement on the plan is between Patel and McDonald’s.

Val Poulsen asked if the State and the Town have agreed with the relocation area. Eric Pospesil said the new location of the entrance was approved by the State and Town. It is part of the driveway permit with the State. Mary Menzies asked if this was the last piece of the approval process. Eric replied that the NHDOT has issued a driveway permit number pending the bond that needs to be posted in order for the work to be done. Val asked when construction would start. Eric replied that the wording of the easement deed must be drafted first. This plan only represents the area to be in the easement deed and it does not convey title or rights. Number 16 of the signature block explains this.
Eric Pospesil stated that a land dedication was done a few years ago and that required the temporary easement deed. That is still in place until the Town approves the new easement deed. Everything associated with the current easement will be in the new one and include above and below ground utilities.
Bruce Hadlock stated that the Board can give approval but there is still a bond to the State required for construction. Bruce also stated that the temporary right of way goes down over the existing McDonald’s property which will want the temporary right of way out of there because this is where there will be more parking. Another point made was that the entrance to the McDonald’s property, which is owned by Patel, will need a Town issued driveway permit. The Town applies to the State for the entrance of Old County Road.
Bruce Hadlock discussed the similar easement issue on the Industrial Park Road in front of the new Tender Corp building. The Town entered into a lease agreement and then there will be a warrant article next March to allow the Town to deed the land to the owner. Eric Pospesil disagreed by stating the situations are not similar. Bruce said the property on Old County Rd went through a land dedication and there is nothing in any ordinance that allows a land dedication. Bruce also said the Patel’s should enter into a lease agreement with the Town and then deed the easement area to the Town after a vote in March. If the Town owns it, there would be no need for an easement deed. Bruce said he feels this is the only way this can be done correctly.
Colin Trahan said the Town does not need to get into leasing.
Bruce Hadlock reiterated that the problem is that there is no provision in any ordinance to allow the land dedication. Bruce agreed that the Board can approve the lot line adjustment. Eric Pospesil stated that the Town will be granted an easement to go over the Patel property so that people can use this road. Bruce wants to see what the deed says. Bruce stated this cannot be accepted without the vote of the people and that Littleton Water & Light should have an easement.
Chairman Ryan stated the easement wording does not affect this lot line adjustment. Bruce Hadlock agreed. Bruce is not convinced the Town can enter into an easement. Bryan Hadlock said the first time there was a dedication because there was a loop hole found and the previous Town Manager allowed it to happen. Eric Pospesil explained that Towns can authorize a Selectboard to accept roads through a warrant article. This is not a totally new road. It is only a slight relocation.
Bryan Hadlock suggested that the Board state they are approving the lot line adjustment only and not the entire map. Bryan went on to discuss the illegal fill that is on the property. This is being addressed by NHDES. There was discussion regarding elevation. This will be looked at if the rest of the lot is developed. Chairman Ryan said his signature on the plan will be for the lot line adjustment. Bruce Hadlock asked if the temporary easement will be removed after the plan is recorded. Eric Pospesil replied it will stay until the new easement is recorded. Bruce stated that he, as an abutter, would like to see what is being offered on this change in the easement. Chairman Ryan said that does not apply at this meeting. Bruce agreed.
Mary Menzies stated the Board should look at the plan in a simple way and not what it might be.
Chairman Ryan closed the public input portion of the hearing. Val Poulsen said this project is being pushed by the State and the Board needs to have faith in the State that it is being done right.
Val Poulsen made a motion to approve Travelers Inn, Owner / Eric Pospesil, Agent - PB15-03 – Request for a lot line adjustment at 75 Old County Rd, tax maps 76-6 and 76-7, in the C-I zone. Colin Trahan seconded the motion. The motion passed unanimously.

At 6:45, Jim Daly made a motion to adjourn. Val Poulsen seconded the motion. The motion passed unanimously.

Submitted by,
Joanna Ray