PLANNING BOARD MINUTES
July 12, 2006
APPROVED AS AMENDED & CLARIFIED:
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AGENDA: CONTINUED SUBDIVISION: GREG & GINA WAGNER, West Shore Road
and Upper Birch Drive, #104-003
CONTINUED SUBDIVISION: HEMLOCK BROOK LLC, Lake St., #205-017
MYLAR SIGNING: FRAN & RAY PARKHURST, 19 North Main St., #114-006 & -007
SUBDIVISION/MINOR SITE PLAN: LRDN REALTY LLC, 825 Lake St., #216-016
MINOR SITE PLAN: DENICE & ALAN DESTEFANO, 366 Lake St., #112-059
CONTINUED COMPLIANCE: TURNER’S COTTAGES LLC, Wulamat & Batten Rds., #103-028, -029, -030, -032, -060 & -061
CONTINUED COMPLIANCE: ROBERT PINKHAM & ALDO VALLECILLO, 77 Ravine Drive, #111-084
CONTINUED COMPLIANCE: 120 TIMBER LANE LLC/PINE HILLS, Robieson Drive, #116-072
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Steve Favorite (Selectmen Representative), Denice DeStefano, Janice DellaCroce (alternate),
Bob Duquette (alternate), Jerry McGwin (alternate)
ABSENT: Clay Dingman (working), Corey Johnston (resigned), Tom Shea (working),
Tom Babcock (alternate – out of town company), Don Martin (alternate – conflict)
OTHER: Various public
The meeting opened at 7:00 pm. Mr. Paradis stated that Mr. Johnston has resigned. He then assigned Mr. Duquette to sit in his place and also for Ms. DellaCroce to sit in for Mr. Shea and Mr. McGwin for Mr. Dingman.
CONTINUED SUBDIVISION: GREG & GINA WAGNER
Mr. Wagner had faxed a notice asking that his hearing be continued.
E. Seeler made a MOTION, second by S. Favorite, to CONTINUE THE SUBDIVISION OF GREG & GINA WAGNER TO AUGUST 9, 2006. The motion CARRIED.
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CONTINUED SUBDIVISION: HEMLOCK BROOK LLC
Ms. DeStefano recused herself from this case. Mr. Paradis gave the history to this point.
Les Mills of Granite State Surveying Inc., representative for the case, distributed new plans. He pointed out the lot to be subdivided into two pieces. He added that the abutter that was missed in the notification at the last hearing has since been notified and the secretary acknowledged that this had been done. Mr. Mills stated that they have a hearing in Bridgewater on this same case next week (a small part of the property lies in that town). They have received the State permits for the driveway. The two pieces shall consist of 10.5 and of 6.3 acre parcels. Additional test pits have also been done.
Mr. Mills explained that the well easement on the property has gone by the wayside and he presented the paperwork for this which Mr. Paradis read.
At this time, the checklist was gone over. It was pointed out that the culverts are on sheet 1 with the drainage. There is no town water or sewer and the utility lines will go overhead on Lake St. As to the soil, it is all SCS. Wetlands consist of Hemlock Brook which runs along the southern boundary and a couple of other wetlands were shown. Mr. Mills said that, historically, there were cabins on this property. The front of the property is field with trees/woodlands over the rest. There is one shed there. There is a near-by subdivision off Sunset Drive. The neighboring properties are all residential except for the bakery across Lake St. (open in the summer).
Mr. Paradis read 6.12 A & B of the Subdivision regulations and feels that nothing is needed of the adjacent lots even though our form still shows this. The Board is trying to find time to work on that.
Mr. Mills continued by saying that this property is outside the limits of the Shoreland Protection Act. They are proposing to add a monument in the front and iron pins to the rear. He would like to ask for a waiver of a drainage plan. Mr. Mills also informed the Board that the State now is looking at any subdivision within 250’ of the shoreline.
E. Seeler made a MOTION, second by S. Favorite, to WAIVE #24 DRAINAGE OF THE CHECKLIST. The motion CARRIED.
S. Favorite made a MOTION, second by R. Duquette, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Paradis then called for public comment and there was none.
E. Seeler made a MOTION, second by J. McGwin, to APPROVE THE SUBDIVISION FOR HEMLOCK BROOK LLC BASED ON A BRIDGEWATER APPROVAL AS WELL. The motion CARRIED and the Board determined that they could sign their portion. One copy was left with the secretary and Mr. Mills will bring back the Bridgewater signed copies for our records. He was told that we shall need two as well as the mylar.
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MYLAR SIGNING: FRAN & RAY PARKHURST
Attorney Jack Rogers explained that a 1987 subdivision mylar was lost and never recorded. He has obtained the necessary affidavits, one from Kevin French stating that the new mylar is an exact duplicate and a second one from the Parkhursts. The affidavits and plans were looked at. The Board determined that everything was in order.
S. Favorite made a MOTION, second by R. Duquette, to ACCEPT AND SIGN THE REPLACEMENT MYLAR FOR FRAN & RAY PARKHURST. The motion CARRIED. The Board signed the mylar and then learned that there were no copies for our records. It was decided that the secretary will get prints made at Venture Print and then will send an invoice to Attorney Rogers for the prints and for recording the mylar.
SUBDIVISION/SITE PLAN: LRDN REALTY LLC/ALAN BARNARD
The secretary read the applications, abutters notified, where advertised and stated that there were no phone calls nor any written messages received.
Mr. Barnard stated that the family members of the Village Pizza wish to build on land separated from the restaurant. They wish to keep 1.262 acres with Village Pizza. The State is requiring a single entrance for both pieces. The condominium will have a private road built to town specifications. Mr. Barnard pointed out that they have to adhere to the 50’ flowage area from the river. The condominium lot will consist of the remaining 3.608 acres. The green dash lines on the plan depicts the limited land use. All are predicated for town water. They still need to get the Water and Highway permits. Mr. Barnard went on to say that Village Pizza needs 27 parking spaces and they are showing 29 and they also have more room for any overflow. They wish to fence around the restaurant to ease the light flow from the condominiums. DOT will determine how they want the water drainage to come off the road. The owners are waiting for word as to where the bike path is going, as well. Utilities will be underground.
Ms. DellaCroce asked about the size of the spaces. Mr. Barnard stated that they will ask for a waiver so as to keep 9’ x 18’ spaces to go along with the size spaces already in place. Mr. Duquette asked if there is enough pressure for the waterline. Mr. Barnard stated that the Water Dept. has told them that there is. It will either come across Tom Crouse’s property or along Ballou Road.
The checklist was addressed. Mr. Barnard mentioned that Grafton County now accepts 24’ x 36’ plans. He explained that there is a right-of-way to the river for Skip Reilly. Mr. Paradis mentioned that there is nothing in the regulations to say that we need to list what the neighboring parties have. Mr. Barnard did not know the culvert sizes (there are two of them). It was felt that these need to be added to the plan along with the proposed utilities. Mr. Barnard stated that they will have on-site septic and he will add a note on the test pits. Also, he shall add the condominium lot as Lot 2. The surveyor’s stamp will also be added. Mr. Barnard asked to waive #23 road design. Regulation Section V.5.10 was referred to and the Board felt that he could put this in a note on the plan. Mr. Duquette asked if the road is to be dirt and was told that they wish to pave it. Mr. Barnard asked to waive #24 drainage plan as the land is flat. The major drainage in front the State will handle. It will sheet flow towards the river. Mr. Paradis felt that he could live with that.
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LRDN REALTY SUBDIVISION PLAN continued:
E. Seeler made a MOTION, second by D. DeStefano, to ACCEPT AS COMPLETE THE PLAN PRESENTED WITH THE ADDITION OF THE CULVERT SIZE AND LOCATION, THE PROPOSED UTILITIES, THE SIZE AND LOCATION OF THE WATER MAINS, THE SIZE AND LOCATION OF POSSIBLE DES SEPTIC LOCATIONS, THE SOIL TYPES, THE NUMBER OF THE SECOND LOT, MONUMENTS, THE SURVEYOR’S STAMP, SPECIFICS FOR THE CONSTRUCTION OF THE ROAD, AND TOWN OF BRISTOL PLANNING BOARD ADDED TO THE SIGNATURE BLOCK. The motion CARRIED.
Mr. Favorite asked about the soil and Mr. Barnard stated that it is very good. The Board then discussed that the Site Plan for Village Pizza (change to the entry and parking spaces as required by the state could be considered a Minor Site Plan.
D. DeStefano made a MOTION, second by E. Seeler, to WAIVE #24 DRAINAGE. The motion CARRIED.
Mr. Paradis then called for public comment. Mr. & Mrs. Danahy, abutters, stated that it looks like a great use of the land. Mr. Danahy asked if they need town water. Mr. Barnard stated that they do in order to maintain the present well area which is for the restaurant and shared with Mr. Reilly.
With no other public comment or additional questions, Mr. Barnard asked the Subdivision be continued to August.
D. DeStefano made a MOTION, second by J. DellaCroce, to CONTINUE THE SUBDIVISION OF LRDN REALTY LLC TO AUGUST 9, 2006. The motion CARRIED.
SITE PLAN FOR LRDN REALTY LLC:
The Site plan for Village Pizza was then discussed. Mr. Paradis read the Minor Site Plan requirements as well as Waiver regulations. He stated that we do not want to waive this as we need something for our records. The Board felt that a Minor Site Plan is what is needed. This shall just be for lot 1.
D. DeStefano made a MOTION, second by S. Favorite, to WAIVE A FULL SITE PLAN AND GO TO A MINOR SITE PLAN FOR LRDN REALTY LLC, LOT #1. Mr. Barnard stated that the only problem would be the size of the parking spaces and this was felt to be okay. Mr. Paradis asked to have the present lighting on the plan. Ms. Seeler asked to also include the fence. Ms. DellaCroce asked if we need to consider hours of operation and the Board felt that this is existing.
E. Seeler made a MOTION, second by D. DeStefano, to CONTINUE THE MINOR SITE PLAN FOR LRDN REALTY LLC, LOT #1 TO AUGUST 9, 2006. The motion CARRIED.
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MINOR SITE PLAN: ALAN AND DENICE DESTEFANO
Ms. DeStefano stepped down from the Board. The application, referral sheet, abutters notified, and where advertised was read by the secretary and she said that there were no phone calls nor any written comments submitted.
Mr. DeStefano stated that they have purchased a 3-unit multi-family. He came in for information for the square footage on a lot. Mr. Paradis asked how he got his figures and Mr. DeStefano answered that the Tax map says .35, one tax card says .35 and one says .36. In a 1962 survey, PSNH said .35 acres. Mr. Paradis stated that Mr. DeStefano says 14,500 sq. ft. but he estimates 14,425 sq. ft. Mr. Duquette felt that they should look at the deed and tax map. He asked if the right-of-way is a part of the total property. Mr. DeStefano answered that per the Real Estate guidelines, the owner owns all of the land. He added that they need 14,500 sq. ft. for this and they have 15,336. He went on to say that he has met with Norm Skantze, the Fire Chief, and has asked him to go over his requirements for Life Safety. He is asking for a 2nd egress and a 1-hour fire burn door. The storage has been removed from that area. There is an existing door now but they intend on putting in the required fire burn door. Ms. DeStefano added that they need two means of egress with a stairway required as the second one. This needs to be wood and covered, they have been told. They are also adding hard-wired smoke detectors. Mr. Paradis asked about carbon monoxide detectors and Mr. DeStefano said that they are not required although he felt that it was not a bad idea to have them. He went on to say that they are still required to have 5 ½ parking spaces as they already have. He explained that they can fit 3 on the Franklin bank side plus 1 in front and 4 on the other side. There is room for more besides, he added.
Ms. DellaCroce asked what happens if they decide that they want to add another apartment. Mr. DeStefano answered that they would need a Variance. He mentioned that they could possibly reconfigure the present apartments so as to give them more room or maybe set up an office at some point but they would come back for either of those choices.
The checklist was gone over.
E. Seeler made a MOTION, second by S. Favorite, to ACCEPT THE MINOR SITE PLAN OF ALAN AND DENICE DESTEFANO AS COMPLETE. The motion CARRIED.
Scott Haines, abutter, stated that the previous owners were turned down earlier due to not having enough green space. Mr. Haines added that when they have 9 cars or so, they park in the right-of-way and they have trouble getting through. Mr. DeStefano stated that he, as landlord, feels that he has an obligation to keep the right-of-way open. Mr. Paradis felt that the parking would be grandfathered. Mr. DeStefano stated that he will see that they park in the grass or the gravel area. Ms. Haines asked if they don’t have to designate two green spaces. Mr. Paradis stated that there is no green space requirement in the ordinance except to require a buffer between a commercial use and a residential use. There is now a maximum percentage coverage of a lot (the amount of buildings). Mr. & Mrs. Haines were okay with the agreement that the DeStefanos will keep the parking spaces off the right-of-way. Ms. DeStefano explained that in front of the porch is all grass. They are proposing to the tenants that they can park there so as not to impede the right-of-way. Mr. Duquette asked how wide the right-of-way is and was told 19’ wide. Mr. Duquette then asked if anyone ever used the right-of-way to
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MINOR SITE PLAN, DESTEFANO continued:
the Franklin bank and was told that no-one uses it. Ms. Haines felt that the parking plan made sense and Mr. Haines agreed. He added that he has always plowed it as it is his way in to his home.
E. Seeler made a MOTION, second by S. Favorite, to ACCEPT THE PLAN OF ALAN AND DENICE DESTEFANO AS PRESENTED. Mr. Paradis stated that the area is close and they would need a Variance for any changes. The motion CARRIED and the plan was signed.
Ms. DeStefano returned to the table.
CONTINUED COMPLIANCE HEARING: TURNER’S COTTAGES LLC
The applicant asked to be continued to July 26, 2006.
E. Seeler made a MOTION, second by D. DeStefano, to CONTINUE THE HEARING FOR TURNER’S COTTAGES LLC TO JULY 26, 2006. The motion CARRIED.
CONTINUED COMPLIANCE HEARING: ROB PINKHAM & ALDO VALLECILLO
No-one was present for the applicant. The secretary presented the State permits for all of the cottages. A discussion was held as to the hydrant. Mr. Duquette understands that the lady in back might give them some land for the septic system. Mr. Paradis will write a letter explaining what we still need and that the Board would like a representative to attend.
D. DeStefano made a MOTION, second by S. Favorite, to CONTINUE THE COMPLIANCE HEARING OF ROB PINKHAM AND ALDO VALLECILLO TO AUGUST 9, 2006. The motion CARRIED.
CONTINUED COMPLIANCE HEARING: 120 TIMBER LANE LLC
Mr. Johnston has asked to continue to July 26th.
D. DeStefano made a MOTION, second by J. DellaCroce, to CONTINUE THE COMPLIANCE HEARING OF 120 TIMBER LANE LLC TO JULY 26, 2006. The motion CARRIED.
PCC: DAVID BARTLETT
Mr. Bartlett, Peaked Hill, came in to see the Board. He stated that he would like to subdivide his property and wanted to know what was needed. A discussion was held as to a variance for frontage if he does not have enough to meet the requirement. A copy of the new Site Plan/Subdivision changes was given to him and 6.11 pointed out as the new requirement for copies. Mr. Bartlett was told that he would need driveway permits from Mark Bucklin, Highway Supervisor.
MINUTES OF JUNE 28, 2006: The following amendments were made:
Page 3, under Boyd Smith, 3rd paragraph, 3rd line, change “impervious surfaces” to “building area”.
Page 5, under Joe Mancini, 2nd paragraph, 1st line, insert “he believes” following “Mr. Paradis stated that”.
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MINUTES OF 6/28/06 continued:
Page 6, under Babcock continued, 1st paragraph, 2nd line, delete “He would need to get subdivision approval though.” Also, in the 3rd paragraph, 7th line, change “principle” to “principal”.
Page 8, under Blueberry Shores, 4th line, correct “Haden” to read “Hayden”.
As for the correction to page 7, Selectmen’s report, it was determined to table the final amendments until the secretary listens to the tape for the exact wording.
D. DeStefano made a MOTION, second by R. Duquette, to TABLE THE ACCEPTANCE OF THE MINUTES OF JUNE 28, 2006 UNTIL THE NEXT MEETING. The motion CARRIED.
OTHER:
BLUEBERRY SHORES: A discussion was held in which the secretary explained that a paralegal had been in looking for the deed for John Hayden. It seems that, though the Board was told that John was to move across the street, that property has gone to his brother Robert and John remains on the campground. He is under the understanding that they were to subdivide his property out of the campground apparently. This would have eliminated their grandfathering.
The secretary also explained that we have two Site Plans that have come in for them: one is for a Laundromat on the campground (though the building permit is for a shed) and the other is for merging two of the lots across the street for a boat storage parking lot. Mr. Favorite stated that DES can be called back in. He has seen trucks full of sand being hauled in. He feels that we can have the sand tested and Mr. McGwin volunteered to get a sample. Mr. McGwin added that they are putting in wood chips instead of lawn so the people can no longer barbecue in their section of land.
DUMPSTER COMPLAINT: Mr. Curdie, Health Officer, received a complaint of a dumpster on Green Street that is sitting in the setback under the abutter’s bedroom window. It was felt that the dumpster needs to be out of the setback. As to odor, the only thing we have is in the Zoning ordinance, page 18, Article IV.Section 4.1 Obnoxious Use.
COMMUNICATIONS: An OEP memorandum on land use regulation updates is to be handled by Mr. Paradis and the secretary. Jeffrey H. Taylor & Associates planning services was mentioned. An invitation to the Newfound Lake Region Watershed Master Planning meeting, 7/31/06 from 6:00-9:00 was read. An RSVP is requested. Two law changes were read. Mr. Favorite summarized the new parking permit regulations. The secretary explained that the Zoning Board is having a problem with this in that the Zoning Ordinance still does not allow residential parking in the municipal parking lots which shall mean an influx of variances because of this.
RESIGNATION: A letter of resignation from Corey Johnston was received. The Board expressed their regret as Mr. Johnston was a great asset to the Board due to his expertise. It was felt that, if we need an expert, we can ask for one. Mr. Favorite suggested that we look for a replacement with Engineering background. Ms. Seeler added that we need a planner as well.
It was determined that a letter of thanks should go out to Mr. Johnston and the Selectmen shall have to appoint someone to take his place.
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DOWNTOWN REPORT: Mr. Favorite stated that the Oldies dance was a success with a profit of a bit better than $123.00 this time. The Art Show is to be held August 5, 2006. The committee is to meet next Wednesday (7/19/06) here. “Newfound Kids” is leaving and the “Purple Rooster” is up in the air due to ill health. They have had low attendance at their meetings. Mr. Favorite welcomes any suggestions.
HISTORIC DISTRICT: Mr. Dingman was not present. Ms. Favorite has her sign up.
SELECTMEN’S REPORT: Mr. Favorite stated that they are continuing with their Town Manager interviewing.
CIP REPORT: Mr. Favorite said that they are trying to get together again.
NEW BUSINESS: None.
NEXT MEETING: To date, we have an information listed with Mark Lavoie of Granite State Surveying Inc. for Blueberry Shores and our Workshop (July 26, 2006 at 7:00 p.m.
S. Favorite made a motion, second by J. McGwin, to adjourn at 10:30 p.m.
Respectfully submitted,
Jan Laferriere, secretary