DRAFT MINUTES
PLANNING BOARD
MARCH 10TH, 2010

Present:  Chairman Dan Paradis, Vice Chair Betty Seeler, Murray Campbell, Selectmen’s Representative Don Milbrand, Denice DeStefano, Janice Della Croce, Clay Dingman and Alternate Steve Favorite. 

Staff:  Land Use Enforcement Officer and Acting Recording Secretary Michelle Bonsteel

The Chairman opened the Regular Meeting of the Planning Board at 7:00 PM.  The Chairman deferred approval of the February 10th, 2010 minutes until the end of the meeting.

NEW BUSINESS:

PCC:  Eagle Scout Candidate, Matthew O’Neill presented his project to install a press box over the visitor’s dugout at Wells Field.  Candidate O’Neill explained that the location was closest to the hillside located on the westerly side of the property.  He also explained that the property was owned by the State of New Hampshire Department of Transportation, but was leased to the Town of Bristol for the sports field.  He provided a map of the property and indicated the area of construction, the electrical location between the concession stand and the press box, electrical to the batting cages and explained the construction of the press box.  In addition, he explained that the money was being raised through fund raisers and donations.

The Chair congratulated the applicant, who had provided more material than was actually required for a conceptual hearing.  The Chair asked if there would be noise from the new public address system that may bother neighbors, acknowledging that there were no residences in close proximity.  Mr. O’Neill stated that the PA system would only be used on Opening and Closing Days for the Little League.

The Chair asked about the safety of the addition.  The applicant stated that it was being built to code.  He also stated that his father was in construction and that the plans had been drawn by his uncle, who was also in construction.  When asked by the Chair, he noted that there would be an increase in the building footprint to the rear of the dugout.

The Chair explained the municipal exemptions under the RSA and that the Planning Board could, if had this been a “Site Plan Application”, provide waivers for the improvements under 400 square feet.

Mr. Milbrand asked how large the press box potion would be.  Mr. O’Neill stated it was ten feet by twelve feet (10’ x 12’).

Ms. Della Croce asked if the electrical would be underground.  Mr. O’Neill stated it was and that the work was being performed by a licensed electrical contractor.  He also stated that R.P. Williams was donating half the materials.

The Chair asked what the anticipated completion date was.  Mr. O’Neill stated that the work would be conducted on weekends and the completion date is May 1st, 2010.  He also stated that Home Depot was providing workers at no charge.

The Chair asked if there was anyone in the audience who wished to speak to the matter.  There were none.  The Chair closed the public hearing and asked for a motion.

Don Milbrand made the motion to waive the site plan.  Clay Dingman seconded.  There was no discussion.  All aye.

 

MINOR SITE PLAN:  # MSPR01; Duncan and April Campbell, 20 Lake Street, Map 113 Lot 046, to provide a Commercial Day Care Facility in existing commercial space in the DC, Downtown Commercial Zoning District.  April and Duncan Campbell were present to represent themselves.

Mrs. Campbell explained that she currently runs her day care facility at her home, located at 135 Pleasant Street.  Due to demand, she would like to expand her operation, but the existing location is not suitable.  There are no violations of record against her operation.  She explained that she had the Fire Chief inspect the new location and that the new space exceeds the requirements for the proposed use.  The DSS required that an additional bathroom and exit door be installed.  The ages of the children will range from six weeks to about six years of age and the hours of operation will be from 6:30 AM to 6:00 PM Monday through Friday.  It will be a full service day care and pre-school.  There would be up to seven staff members, not including the applicant, for a total of eight.

The Chair explained that it was a two part procedure.  The first part would be to determine if the application is complete.  The second part will be to determine the merits of the proposed site plan.

After examining the checklist against the submission documents, the applicant was requested to supply a written statement as to the hours of operation, a parking analysis and to obtain a land use permit for the interior improvements.

A letter from the abutters, Dr. and Mrs. Rasz, was read into the record.  The concern was damage to the abutter’s fence due to snow plowing.  Mr. Campbell stated that the owner of the property, Mr. Shackett, had stated that the fence would be replaced.

The Chair stated that obtaining a land use permit for the interior work would be a condition of approval by the board.  He then asked for a motion to accept the application as complete.

Mr. Dingman asked the applicant to describe the “full service” aspect of the facility.  Mrs. Campbell stated that there would be food served, but not prepared on the premises (prepackaged) and that Kelley Park was going to be used as the playground facility, which is why they need the rear door installed.

Clay Dingman made a motion to accept the application as complete with the following conditions: that the applicant provide the hours of operation, a description of the operation, a parking analysis and a permit for the alterations to the building.  Betty Seeler seconded.  There was no discussion, all aye.

The Chair asked if there was anyone present who wished to speak to the matter.  There were no public comments.

The applicant stated that she was hoping to open the new facility on April 5th, 2010.  After discussion, the Chair agreed to consider placing the matter on the March 24th Work Shop Meeting agenda.  The Chair asked for a motion.  Betty Seeler made a motion to continue the hearing to the March 24th meeting.  Janice Della Croce seconded.  There was no discussion, all aye.

SUBDIVISION:  #10SUB01; Mildred A. Rent, West Shore Road, Map 108 Lot 042.  Alan Barnard represented the applicant, who was not present.

Mr. Barnard explained that he was treating this as an informational meeting to the Planning Board.  He explained that the buildings on lots one and two were constructed.  Lots seven and eight were foundations, only.  There was an originals approved subdivision for eight units/lots, but the current plan indicates four lots.  This proposed plan would be to maintain lots one, seven and eight and subdivide lot two into two lots for a total of five lots.

Mr. Barnard stated that Corey Johnson of Northpoint Engineering met with the Fire Chief to examine the existing and proposed roads and that there were no issues.  Mr. Barnard submitted a letter from Mr. Johnson to the board to that effect.

Mr. Barnard pointed out the various utilities already existing on the property and a proposed site for unit three.  He explained that this application was creating an additional lot and that, although the subdivision met the requirements for a cluster development, all lots meet the requirements for frontage and area.

Discussion on Cluster Developments and the applicability of the regulation to this application of open space and beach frontage.

Mr. Barnard explained that the original lot two extended up the hillside.  The proposed plan indicates that lot two ends at the westerly area of the existing pavement and that the new lot three would be from the westerly side of the pavement extending up the hill.

The Chair asked if the newly created lot would be sharing use of the beach with the other lots.  Mr. Barnard answered in the affirmative and noted that the water frontage exceeds the 200 feet required by the Zoning Ordinance for up to ten units.

Mr. Barnard explained that they were using the existing road into the subdivision, and that a “hammerhead” would be installed at the access point of proposed lot three.  He noted that the engineered plans were provided.

The Chair and board then went through the checklist.  It was noted that no name was provided for the road.  With the addition of the back lot, the road would require a nme for E-911.

It was also noted that the width of the road was not provided, and access easements were not indicated for the road and utilities.  Mr. Barnard noted that the existing septic fields overlap lot lines, as well.  He stated that the deeds and HOA agreement would spell the easements out.

Ms. Della Croce noted “not yet complete” notes on the plan.  Mr. Barnard stated that it was a legal term for the HOA condition of the property, and is bank required.  There was a mapping error noted for lot designations, which Mr. Barnard stated would be corrected.  He also stated that a DES approval would be required, as the new lot  access and hammerhead are located within the Shoreland Protection Area.  In addition, the drainage indicated may change (culvert location).  He explained that the existing drainage is in a ditch line and the proposed hammerhead interferes with the drainage pattern.  In addition, there is a grading problem associated with the ditch level and the proposed finished pavement; there are several options available.

The Chair read two letters: turn around waiver request dated February 12, 2010 and Northpoint Engineering’s letter dated March 10, 2010.

The following missing items were noted:

  • Name of road
  • Width of private road; deeded accesses and utility easements for all lots
  • “not completed” notes to be removed from plans
  • Turn around details (culvert locations and installation)
  • CSPA application for work within 250’ of Newfound Lake
  • Lot designation corrections
  • Final monumentation set

Betty Seeler made a motion to conditionally accept the application as complete, not including the turnaround.  Don Milbrand seconded.  No discussion, all aye.

The Chair asked if there was anyone present from the public who wished to be heard.  There were none.

Denice DeStefano made the motion to grant the waiver for the turnaround.  Clay Dingman seconded.  No discussion, all aye.

Mr. Barnard requested a conditional approval on the subdivision.

Ms. Della Croce asked about decks in the common areas.  Mr. Barnard replied that, if unit three is approved, changes will be made regarding all easement issues, including decks, access, maintenance, etcetera.

The Chair asked if there were staff comments provided.  The Land Use Officer replied that the Water/Waste Water Department questioned provisions if sewer service is extended to West Shore Road. 

Mr. Barnard stated that a stub could be supplied behind lot two for lot three.  Mr. Barnard stated that notes on the plans would provide for sewer easements and access for utilities that would reserve rights for future sewer connections.

The Chair asked for clarification on the erosion control for the excavated embankment.  Mr. Barnard state that jute matting or equal would be installed at a minimum.  The area would be seeded once excavation work was completed.  He stated that the culvert work would be completed within one day.

The Chair question the degree of the slope.  Mr. Barnard stated that it was less than fifteen per cent.  The Chair noted that the Planning Board could waive the maximum slope requirement under subdivision regulations.

Discussion on slopes and the effect of the new regulations passed by warrant on March 9th, 2010.

The Chair asked if there was anyone present who wished to comment on the application.. An abutter, Robert Kittler, spoke in favor of the application.

Clay Dingman made a motion to grant conditional approval of the application with the same conditions as the approval to accept the application as complete.  Betty Seeler seconded.  No discussion, all aye.

The Chairman stated that the compliance hearing would be placed on the next regular Planning Board meeting agenda.  He also noted that discussion on the new slope ordinance will not take place on March 24th, but that Mr. Barnard would be notified when the discussion will take place.

PCC:  Sara Shattuck and Audrey Pellegrino, 24 Central Square, Map 114 Lot 125.

Ms. Shattuck and Ms. Pellegrino, who are in contract to purchase the property, were both in attendance to represent their application.

Background:  The property is commonly known as the Presidential Grill and is located in the Historic District and the Downtown Commercial Zone.  The original approved and last known use of the property was as a boarding house that provided one meal per day to the boarders.  Currently there are six bedrooms in the building.  Although various changes were made to the building by the last owner, there is no record of the changes in the land use or assessing records, as stated by the applicants and the Land Use Enforcement Officer.

The Chair noted that parking for residential use is not exempt from the parking requirements in the downtown area.  He cited a recent zoning change requiring applicants for residential who wish to satisfy parking requirements using municipal parking to seek permits from the Board of Selectmen, and obtain approval from the voters at the next annual town meeting. 

The proposal is to maintain the current restaurant use on the first floor, with some retail integrated into the floor plan.  A deli type café will be located in the basement level (formerly an extension of the former restaurant use o the first floor).  Neither of these uses was considered to be a change from the original approved uses.

The second floor will be either all office or office with one studio apartment.  The third floor level will be one, three bedroom apartment.  The entire building will be fire sprinklered.

The Chair explained that the parking for office use is based on square footage; one per one hundred fifty square feet.  The third floor dwelling will require two spaces and the studio apartment will require one space.

Mr. Dingman, who is also the Chairman of the Historic District Commission, stated that a joint meeting of the Planning Board and HDC could be conducted to address the proposed sign(s) and location.  There is no change proposed for the exterior of the building.

Ms. Shattuck stated that they hoped to close on the property by March 31st, 2010.  They do not anticipate opening the restaurant/deli until May, 2011.  However, they would like to have the residential tenants moved in as quickly as possible.  She was also concerned about their approvals running out.  The Chair assured her that they could request extension to the Planning Board and HDC approvals, if necessary.

CORRESPONDENCE:

Educational opportunities.: May 8th.
 
Letter from Jack Sullivan regarding Lake District regulations.  The Chair will provide a letter in response to Mr. Sullivan’s concerns and that the regulations will be discussed at the Summer Town Meeting (no date, as yet).

Acknowledgement of e-mail discussion with regard to the use of the downstairs areas at St. Timothy’s Social Center.

Selectman Don Milbrand went through the election results and discussed the Town Meeting agenda.

Murray Campbell, Chair of the CIP Committee stated that the next meeting will be on March 23rd at 7:00 PM.

Elections of board Chair and Vice Chair will take place after Town Meeting, as per the RSA.

Don Milbrand suggested pushing up the CIP schedule.

Clay Dingman made a motion to adjourn.  Betty Seeler seconded.  All aye.

Meeting ended at 10:20 PM.