PLANNING BOARD MINUTES

April 14TH, 2010

Approved 04-28-10, as amended

 

Present:  Chairman Dan Paradis, Murray Campbell, Selectmen’s Representative Don Milbrand, Denice DeStefano, Janice Della Croce, Clay Dingman

 

Absent:  Vice Chair Betty Seeler 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 March 24th, 2010 minutes and correspondence until the end of the meeting.

 

CONTINUATIONS:

 

SUBDIVISION:  #10SUB01; Mildred A. Rent, West Shore Road, Map 108 Lot 042.  Alan Barnard, who is representing the applicant, was not present.  The Chair left the hearing open in the event the applicant or agent appeared later in the evening.

 

SITE PLAN; #09SP05; Roman Catholic Bishop of New Hampshire, 17 West Shore Road, Map 111 Lot 005.  Beth Morrison, who is representing the applicant, was present.  Mrs. Morrison provided all the materials required under conditional Site Plan Approval.  After reviewing the submitted documents, the Chair requested a motion.  Ms. DeStefano made the motion to grant final approval of the site plan.  Mr. Dingman seconded.  All aye.

 

PCC:

 

Mayhew Island:  no one appeared on behalf of the project.

 

Proposed Change of Use; Arthur and Marsha Elder, Map 223 Lot 099, 200 Summer Street, located in the Village Residential Zoning District, to permit the use of an existing 28’ x 40’ detached garage to the residence to be used as an automotive repair facility.  The Chair was concerned about the proposed use in the Village Residential (or Village Commercial) zone.

 

The Chair explained the necessity for the applicant to meet the site plan requirements with regard to a business abutting a residential use, specifically citing the buffer requirements under the site plan regulations.

 

The applicants inquired as to whether or not they could file for a minor site plan application.  The Chair explained the criteria for making that interpretation, noting that new fencing and parking areas may require a regular site plan application.  To avoid the requirement for engineered drawings, the Chair suggested that they file under a minor site plan application.

APPLICATIONS:

 

LOT LINE ADJUSTMENT; James Kohn, applicant for his property mainly located in Bridgewater, was not present and no formal application was received in the Land Use Office.  The Land Use Officer reported that the Chair for the Bridgewater Planning Board contacted her to advise her that it was a subdivision, not a lot line adjustment, and it had not yet been heard by the Town of Bridgewater.

 

OLD BUSINESS:

 

SPECIAL USE PERMIT:  #09SUP01; John & Catherine Messina, Holiday Hills Drive, Map 110 Lot 049.  Deborah Hinds, Septic Designer was present representing the applicant.  Mr. John Messina, applicant, was also present.

 

The application was re-noticed certified mail and re-advertised due to the length of time between hearings.  The advertisement appeared in the Record Enterprise on April 1st, 2010.  The soil scientist, Lobdell and Associates, conducted soils testing and provided a report to the Planning Board, basically stating that hydric soils were present throughout the general area and noting that tests could not be performed in the filled areas of the Messina lot.

 

The Chair reviewed the history of the application and the Planning Board requirement for soils testing.  Ms. Hinds reiterated the request for the Special Use Permit.  The Chair read the report provided by Lobdell and Associates, Inc. dated March 30th, 2010.

 

The Chair noted the issues for state compliance and noted that the local restrictions were more stringent.

 

Ms. Hinds noted that the approved septic system implements a “clean solution” design so no effluent actually enters the leaching field.

 

The Chair noted that there was no permit to permit the installation of the culvert and to fill in the area over and around it.  The Chair advised the applicant to apply to DES for an after the fact permit.

 

Mr. Messina stated that he installed the culvert and fill five years ago.  The culvert is 60’ long.  He installed the culvert to permit him to store his boat and other vehicles on the additional lot contiguous with his residence.  He stated that there is an open brook for 40’ on the west side the culvert and for 35’ on the east side of the culvert (abutter’s properties).  Mr. Messina stated that he believed more water was coming into his property as a result of dynamite work conducted by the town and by neighbors developing lots upstream from his property.  Mr. Messina did not think it was fair that his property became the depository for the neighborhood drainage problems.  Mr. Messina provided a map that he considered to be indicative of the drainage patterns for the neighborhood.  He further stated that he would not do anything to damage the lake.  He stated that he would provide a better drainage design and apply to DES for approval.

 

The Chair was disappointed that Lobdell and Associates did not provide a map delineating the wetlands.  Mr. Messina stated that the lot was basically dry.  The Chair stated that a Special Use Permit was required under the town’s 2009 zoning regulations (the application was received and hearings begun before the zoning changes in March 2010).  The Chair read from portions of Section 9.6 and 9.7 of the ordinance, as well as from ordinances directed to by those sections.

 

Carroll Brown, Chair of the Conservation Commission, stated that subsections 1, 2 and perhaps 4 applied to this application.  Mr. Brown questioned if the town would be satisfied with the state’s approval for the septic design.  In addition, he was concerned about household runoff, such as fertilizers and that those concerns were also applicable.  Mr. Brown stated that no more filling of wetlands was permitted due to concerns for flood protection and that after the fact state approval would be difficult o obtain.

 

Mr. Brown noted that two professionals reported very different results for the same property and that was concerning.  The Chair stated that he welcomed the review and comments from the Conservation Commission.

 

Mason Westfall of the Conservation Commission underscored the concerns, not just storm water from the lot, but also from the stream running through the lot.  He noted that Mr. Lobdell’s report stated that he could not identify soils under the filled areas, which covers a good portion of the lot.

 

Mr. Messina acknowledged the increase of runoff.

 

Mr. Dingman inquired as to whether or not the Conservation Commission had visited the site since it was flagged by Mr. Lobdell.  Mr. Brown stated they had not.

 

Mr. Dingman questioned the impacts of the filled area.  Mr. Westfall stated that the fill was right in the middle of the wetlands area.  Mr. Brown stated that it was adversely affecting a neighboring property.

 

Mr. Messina stated that his property was not a wetlands, that there was only the brook running through it.

 

Mr. Westfall stated that heavy rain periods were impacted by the fill area.  Mr. Messina stated that the roads were originally dirt and were paved and that he did not put fill in wet areas that he piped the stream without altering the flow or its course, and then filled over the culvert.

 

Mr. Westfall stated that wetlands are not always wet and that is why they relied on soil samples to determine the presence of hydric soils.

 

Mr. Brown stated that it was the duty of the Conservation Commission to follow ordinances and to decide what a reasonable solution was.

Mr. Messina stated that he has maintained the brook.  The lot to the east, between his and West Shore, was not maintained and had become a swamp.  Mr. Brown noted that it could also be considered a habitat.

 

The Chair asked if the fill and culvert could be “undone”.  Mr. Brown stated that it would be a Board of Selectmen decision and that the state could grant an after the fact permit.

 

The Chair noted that there was a mitigation fund for watershed restoration projects.

 

Mr. Westfall expressed his concern about the septic impacts and whether or not the design would work on this lot.  He inquired as to whether or not the stream bed be restored to its natural state to drain to the lake.  He reminded the board that no construction activity is permitted within 50’ of a wetlands and that if an exception was granted, it should be done so carefully.

 

Ms. Hinds was offended by the inference that she had not designed a system in compliance with state regulations.

 

The Chair stated that the board relied on the Conservation Commission to review septic designs and comment back to the Planning Board.  He stated that the state approval issues must be resolved before the town could act on the application.  He directed the applicant to submit the septic design to the Conservation Commission.  Ms. Hinds stated that she would like to be present at the meeting to present to the Conservation Commission.

 

The Vice Chair of the Zoning Board of Adjustment, Sandra Heaney, was present and asked that Mr. Lobdell be directed to provide a map of the wetlands.

 

Mr. Westfall suggested that the Planning Board visit the site.  The Chair stated that members would visit individually.  Mr. Messina stated that the caution tape was roughly the property line boundaries.

 

The Chair asked if Ms. Hinds would map the wetlands based on the ribbons placed by Mr. Lobdell to save the owner some money.  Mr. Westfall noted that the hydric soils were marked on the ribbons.

 

The Chair stated that Mr. Lobdell should clarify his remarks and that the applicant should apply to DES for an after the fact permit.

 

Mr. Brown stated that the Conservation Commission meets the first Wednesday of each month and agreed that the applicant should file with DES.  Mr. Brown stated that he would meet with the DES employee who approved the septic design for further insight, and to the wetlands examiner for Newfound Lake.

 

The Chair asked if there was anyone from the public who wished to speak to the matter.  There were none.

 

Ms. Hinds stated that she would provide information to the Conservation Commission with regard to the septic design.  She also requested that she have the opportunity to submit applications before DES is called in to comment.

 

Mr. Westfall asked for clarification that Mr. Brown will speak to DES septic and wetlands personnel.  He also noted that he had inspected the lot 8-10 years ago before it was filled in.

 

Ms. DeStefano made a motion to continue the hearing to May 12th, 2010.  Ms. DellaCroce seconded.  All aye.

 

NEW BUSINESS: 

 

SUBDIVISION:  #10SUB02; Sylvia Carrigan & Hilda Bruno, Hall Road, Map 217 Lot 133, for a two lot subdivision of 142.84 acres.  The application was advertised April 1st, 2010 in the Record Enterprise.  The certified mail notices were sent on March 25th, 2010.  The advertisement appeared in the Record Enterprise on April 1st, 2010.

 

Colin Brown, licensed Land Surveyor, represented the applicant.  Mr. Brown noted that the property was located and all access was from Hall Road.  The property was inherited by the applicants from their mother and was being subdivided to settle the estate. 

 

The Chair went through the checklist and verified the receipt of relevant materials or waivers, where necessary.

 

Ms. DeStefano made a motion to grant the waivers as outlined in the accompanying letter to the application.  Mr. Dingman seconded.  All aye.

 

Mr. Dingman made a motion to accept the application as complete.  Mr. Campbell seconded.  All aye.

 

The Chair asked if there was anyone present who wished to speak to the matter.  There were none.

 

It was noted that the R noted on the plan was denoted as “Residence” district rather than “Rural” district.  The change was made on every set.

 

Ms. DeStefano made the motion to approve the subdivision.  Mr. Dingman seconded.  All aye.

 

PCC:

 

The Chair recognized Mr. Fred Schneider of Pasquaney Bay Real Estate who wished to address the board with regard to the relocation of his business to the former location of Lake Street Automotive Repair. 

 

Mr. Schneider described the improvements to the Planning Board.  After discussion, it was decided that the application would not require Planning Board approval, provided the parking was adequate for the uses affecting it.

 

The Chair recognized Mike Capsalis who was present to discuss a proposed construction project at the now vacant property known as 481 Lake Street.  Mr. Capsalis described his proposal for a “green” building housing a Laundromat.  He explained that water and sewer were located at the site and that he had discussed the proposal with Jeff Chartier of the Water/Sewer Department.  Mr. Chartier will require and increase to the service pipe size to accommodate the laundry.

 

Mr. Capsalis noted that a DES approval will be required from the state due to the property’s proximity to the Newfound River.  He also noted that he would be unable to place the parking at the rear of the building due to the steep slope.  He ended by stating he was hoping to provide the materials to qualify for the June meeting.

 

APPROVAL OF MINUTES:  March 24th, 2010

 

Page 1, paragraph 1:  Capitalize Janice DellaCroce name appropriately.

Page 2:  “Home Owners Association” instead of HOA for the first reference.

Page 3, paragraph 3:  Commission, not Committee.

Page 4:  “affect”, not “effect”, “than”, not “then”, add “of”.

Page 5:  “from”, not “form”.

Page 7:  “Laferriere”, not “Laferrier”, and add apostrophe.

 

Mr. Dingman made the motion to approve the minutes as amended.  Ms. DeStefano seconded.  All aye.

 

COMMUNICATIONS:

 

The Land Use Officer reported her discussion with Kathy Lovett, Chair of the Bridgewater Planning Board.

 

The Land Use Officer reported the Request for Rehearing received from Dr. Carlson in the matter before the Zoning Board of Adjustment.

 

COMMITTEE REPORTS:

 

Ms. DeStefano is preparing the final draft of the new checklist and will be meeting with the Land Use Officer.

Mr. Campbell had no update for CIP.

Mr. Dingman reported that the Historic District Commission had welcomed Don Milbrand as the new Selectmen’s Liaison.  He also mentioned the commission would be working on the rules and regulations of the HDC.

 

Ms. DeStefano made the motion to adjourn.  Mr. Dingman seconded.  All aye.