PLANNING BOARD MINUTES
February 10, 2010

APPROVED:
__________________

AGENDA:                  PCC:  RICHARD BACON, Ravine Drive, #111-084.1, .2, .3, .4, .5, .6, .7, and .8

ATTENDING:            Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Murray Campbell, Janice DellaCroce, Clay Dingman
                                    Alternates:  Steve Favorite
                                               
ABSENT:                   Don Milbrand (Sel. Rep., excused), Denice DeStefano (conflict)
                                    Alternates:  Tom Babcock (leave of absence), Don Martin

OTHER:                      Michelle Bonsteel (Land Use Officer), Sandra Heaney (Acting Chairman, ZBA),
                                    Roy Farr, Richard Bacon

 

The meeting opened at 7:00 p.m.  Mr. Favorite sat in for Ms. DeStefano.

PCC: RICHARD BACON
           
Mr. Bacon stated that he is a Civil Engineer and is representing Paul Zareas who has purchased this property.  There was a subdivision turning it into Condominiums but nothing was ever done except for the removal of one cottage.  Mr. Zareas wishes to reopen the restaurant and leave the property as is.  He does not intend on doing anything with the cabins as they are in poor condition.  Mr. Zareas wants to open the restaurant 120 days a year for 5 hours a day.
           
Mr. Paradis stated that the only problem is that when the previous owners condominiumized the property, it was registered with the County Registry of Deeds.  It will need to go through Site Plan Review; maybe a Minor Site Plan.  Because of the time lapse, no grandfathering remains.  Mr. Paradis then asked about a septic design.  Mr. Bacon felt that there are three septics that are semi-working.  He has not investigated this as yet.  They do have the two designs that were agreed to for the condominium which they feel would probably suffice for the restaurant.  Ms. Seeler asked if he was sure that it would be enough and Mr. Bacon answered that he did but the seating would determine this.  They will have to see DES about this.
           
Mr. Paradis asked about changes to the site that may have been done.  Mr. Bacon stated that only one cottage has been removed along with restaurant fixtures.  Ms. Bonsteel mentioned that it has been reported to her that the barn is being moved.  Mr. Bacon stated that Mr. Zareas had someone go up and shore up the barn as the roof was caving.  Ms. Bonsteel mentioned that they need demolition permits for the cabin that was removed as well as any they plan on taking down.  This will be to their benefit as it will remove the taxes for these cabins.  Mr. Bacon explained that the insides of the buildings have been vandalized.

 

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BACON PCC: continued:
           
Ms. Seeler and Mr. Dingman both agreed with Mr. Paradis that the property will need Site Plan.
Mr. Paradis stated that we will be looking at such things as lighting, the parking per restaurant seating, etc.  He further explained that a PCC helps with what is needed but there are no guarantees for either the Board or the applicant.
           
Mr. Dingman asked if a Minor Site Plan will handle the septic situation.  Mr. Bacon added that Mr. Zareas wishes to lay pipe so as to attach to the lines when the sewer line comes.  He has spoken to Jeff Chartier, Water/Sewer Superintendent, about this.  Mr. Paradis read the requirements for determining a Minor Site Plan.  He felt that this will cover what the Board will need.  He added that we will need an engineered plan so as to make the recorded change at the Registry of Deeds.
           
Mr. Favorite stated that the previous problem for the sewer lines was due to the ledge.  Mr. Bacon stated that Mr. Zareas would like to come down the hill with both water and sewer lines.
           
C. Dingman made a MOTION, second by E. Seeler, to ALLOW A MINOR SITE PLAN WITH THE EXCEPTION OF ENGINEERED PLANS PROVIDED.  The motion CARRIED.
           
Mr. Bacon asked what to do if they run into additional questions and he was told to work with Ms. Bonsteel.  He can also feel free to come to a Planning meeting, as well.  He was then thanked for coming in ahead of scheduling a hearing.

MINUTES OF JANUARY 13, 2010:
           
The following amendments were made:
Page 1, remove “Denice DeStefano” from the Attending list and place her as absent due to being away.
Page 3, 2nd paragraph, 5th line, remove “can offset this” and replace with “will keep the town from having cash flow problems.”  Under “Mergers” 2nd line, replace “principal” with “principle”.
           
S. Favorite made a motion, second by C. Dingman, to approve the minutes as amended.  The motion carried.

COMMUNICATIONS:
The Source, Winter 2010 will be held in the office for awhile for anyone who wishes to look at it.

UNFINISHED BUSINESS:  REPORTS
Historic District Commission (HDC) - Mr. Dingman stated that they canceled yesterday’s meeting. 
The next meeting will be held March 16th due to Voting day.

Selectmen – As Mr. Milbrand was absent, Mr. Paradis felt that this would be the place to explain the emails concerning the Selectmen’s recommendation pertaining to the building code article.  Mr. Milbrand said that this was a 2 to 2 vote and should not be stated as a no vote.  Mr. Paradis felt that it was not an allowable procedure to be done.  Yesterday he spoke to Paul Weston, Town Manager, who had checked with the town attorney, Bernie Waugh and Atty. Waugh had said that it could be done.  Mr. Paradis then called LGC (Local Government Center).  At first he was told that it was illegal to place it on the ballot.  When he mentioned that Atty. Waugh thought differently, they said that there

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Selectmen’s report continued:
could be a conflict of opinion on this.  LGC feels that recommendations are placed only on appropriation articles.  Some lawyers disagree, however, but there is no case history as yet.

Atty. Waugh emailed Mr. Weston stating that the recommendation can go on a warrant article but not on the ballot.  This recommendation must have the numerical tally included.
           
Mr. Paradis is unsure of what the Selectmen will do but will attend tomorrow night’s Selectmen’s meeting.  He said that this is under RSA675:3 and anyone else who wishes to join him will be welcome.  Mr. Favorite stated that people who are objecting were not in attendance when the Planning Board discussed this and held the public meetings in this regard.  He added that it does not necessarily mean the hiring of a new person as Ms. Bonsteel is qualified. 
           
Ms. Bonsteel felt that it should be clarified that this is not the result of something she wants but is due to the many complaints that she and the Board have recently received.  Local contractors are complaining that people are having outsiders come in and not doing the job right and homeowners are complaining of shoddy work.  Mr. Paradis added that this is the 4th time that the Planning Board has looked to bring this up.  Previously, the Board was asked to hold on to it for a better time and we did.  The State Building Code is already in effect but is not being enforced due to lack of funding.  The Board felt that, this year, it is time to put it before the voters to see how they feel.  
           
Mr. Campbell added that the job pays for itself even if someone has to be hired.  If they do Sewer to the Lake, as they are supporting, that will bring back the interest in developing again and we would be ahead of the game.  Mr. Paradis mentioned that they have already stated that the Planning Board will have regulations in place to control overcrowding of the Lake.
           
Ms. Bonsteel stated that she learned at an update meeting yesterday that money for homeowners and businesses for energy efficiency as well as for code enforcement is to be available.

Capital Improvements Plan (CIP):
Mr. Campbell explained that Steve Carter has resigned due to a new job with considerable traveling.  Mr. Campbell approached Mr. Favorite some time ago about considering being an alternate and has now asked if he would be willing to fill Mr. Carter’s place.  Mr. Favorite has agreed.  Mr. Campbell would like Planning Board approval for this.
           
M. Campbell made a motion, second by C. Dingman, to add Steve Favorite to the CIP committee as a full member.  The motion carried.
           
Mr. Dingman asked about the possibility of Mr. Carter acting as an alternate.  Mr. Paradis felt that an alternate needs to attend so as to be updated on the progress of the plan.  Mr. Campbell mentioned that there is already one member who vacations in the Spring.  He thought that Mr. Carter might be useful.

 

 

 

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NEXT MEETING:
           
Our next meeting, Feb. 24th, is a workshop meeting.  Ms. Bonsteel has asked for a PCC for an Eagle Scout project to build a Press box at Well’s Field.  He has spoken with DOT (Dept. of Transportation) and Bristol leases the field on a yearly basis.  There are no engineered drawings of the property that Ms. Bonsteel could find.  The scout will have to do the measuring, etc.  Ms. Bonsteel wants the scout to go through all of the correct procedures as a learning process.
           
Mr. Paradis then mentioned the situation at the Lake due to the present zoning.  He would like the Board to talk about this in the workshop segment.  Ideas as to how to handle this could be:  to reduce coverage by structures, to allow less than half as buildable area, or to allow by Special Exception.  Ms. Bonsteel felt that it would be good to have some solutions available for the summer town meeting.  The loudest issue that she hears is that the applicant is nowhere near the Lake.  Mr. Paradis stated that when the Board put this issue in the zoning regulations, they had not thought that it would affect so many.  Ms. Bonsteel stated that it will not make a lot of difference to those who already have water, but it will to those with private water and sewer.  She feels that the ridgelines article will have more of an impact.  Ms. DellaCroce stated that the Spirit of the Ordinance has not changed.
           
Mr. Dingman asked about the email message he received of the lawyer’s feedback and if we still need to address this.  It was felt that this has been done as this was emailed awhile ago and Atty. Waugh was in agreement with his substitute and Sean had signed off on all of the articles.

TAC MEETING:
           
Mr. Favorite stated that they had another TAC meeting last Wednesday.  Bicycle routes (mainly on Winnepesaukee) were discussed.  They have come up with a rate system for family, bicycles only, etc.  They also discussed scenic byways and routes (again in the Winnepesaukee area primarily).  Mr. Favorite asked them “what about us?”. 
           
Ms. Bonsteel mentioned that there is to be a meeting on Feb. 16th at 7:00 pm here concerning our bike paths.  We are looking for Federal, State, and local funds.  The Army Corps of Engineers believe this to be a good idea.  We are looking to extend through the square to the Pemigewasset river and down to Franklin Falls.  Jennifer Rocket, Army Corps of Engineers, is working with Mr. Weston, Joy, and Hebron (who is looking to extend their bike path to ours).  Mr. Paradis warned that bicyclists want to remain listed as vehicles as bike paths meander and sometimes it is needed to use the roads for more direct routes. 
           
Mr. Favorite stated that they are trying to do signage to address the types of paths in the Lakes Region (perhaps by color scheme).  He added that they were to meet with DOT this month but have just been told that it has been moved to March 16th.  There are 53 applicants and Mike Izzard, Lakes Region Planning Commission, feels that we should still be at the top, especially if we vote in the “seed” money.
Otherwise, it will be another 6 years before they will look at us again.  By then, there will be less money available and less enthusiasm.  Jeff Chartier needs to do something with the water/sewer lines now.  It could be June or July for the final approval and then Sept. for the money.  Ms. Bonsteel stated that there is a real concern if we do not do this now.  The pipes have got to be tended to but would be at Bristol expense entirely.

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TAC Meeting continued:
           
Roy Farr, resident on Green Street, disagreed with this warrant article.  He stated that he cannot afford anymore taxes and would need to move.  He added that we need to locate the $400,000 that was lost. 
           
Mr. Paradis stated that the Board feels that it is an investment in our town; it is a long term effort.  Mr. Favorite stated that bids to do these projects are coming in 10% to 15% lower than usual.  He added that he researched the history of trying to get something done in the Town Square and traced it back to 1986 (44 years ago).  We have safety issues there as well as the pipes.  Mr. Dingman asked if Jeff Chartier will be at town meeting to explain about the pipes.  Mr. Favorite expects that he will.  The only drainage diagrams that Mr. Chartier has are very old and they believe that the pipes can be as old as 100 years or better.  They have had several issues in this area recently.
           
Mr. Farr asked if the Selectmen are behind this and Mr. Favorite said that they are not supporting, although Mr. Denning has been helping with this.  Again, Mr. Farr stated that he cannot afford more taxes.  He owns a duplex and has had a hard time getting the rent. 
           
A discussion followed about the accounting error and it was clarified that it is actually $163,000 which was counted twice as income.
           
At this time, Ms. Bonsteel explained to Mr. Farr just how hard it has been trying to get businesses into our downtown.  We need commercial development to help with the taxes.  She would love to see something like a Dana Farber facility here as well as other established businesses.  She mentioned that we need a dentist here, as well.  She continued to strive to get businesses in but, unless Bristol starts taking some pride in their own town, she does not see it happening. 
           
Mr. Farr stated that he is now convinced that we need to vote for this article.  He feels that we need better communication about it.  Mr. Favorite is hoping to do a TV segment and, of course, there are newspapers/letters to the editor.  It would help if more of the citizens, such as Mr. Farr, would show their support, as well.

With no other business, C. Dingman made a motion, second by E. Seeler, to adjourn at 8:50 p.m.
                                                                        Respectfully submitted,
                                                                        Jan Laferriere, secretary