PLANNING BOARD MINUTES
January 24, 2007
APPROVED AS AMENDED & CLARIFIED:
2/28/07 jrl___
AGENDA: PUBLIC HEARING: AMENDMENTS #1, 9 & 11
SUBDIVISION: FREDERICK W. & PATRICIA R. WELCH, Hemlock
Brook Rd., #206-003 & -004
PCC: TURNER’S COTTAGES/LLC, JON ROKEH
PCC: FRED SCHNEIDER
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler, Steve Favorite (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Don Milbrand.
Alternates: Bob Duquette, Don Martin, Jerry McGwin
ABSENT: Tom Babcock (Alternate – death in family)
OTHER: Various members of the public
The meeting opened at 7:00 pm.
PUBLIC HEARING ON PROPOSED ZONING AMENDMENTS:
Amendment #1: A change so as to be consistent with the Shoreland Protection Act.
Mr. Paradis explained the changes made which deal mostly with the Leaching portion of the Act. There were no public comments.
C. Dingman made a MOTION, second by S. Favorite, to MOVE AMENDMENT #1 TO THE BALLOT AS PRESENTED. The motion CARRIED
Amendment #9: To clarify Parking in the Downtown and Village Commercial Districts.
Mr. Paradis explained. Jon Thouin, Hillside Ave., asked why we would want to supply parking for residents. Mr. Paradis explained that there are apartments on the upper floor of some of the stores, for instance, with no available parking space. Mr. Thouin asked how this would go with the snow ordinance. Mr. Paradis stated that this does not allow parking on the street. That the Board of Selectmen can give parking permits for municipal parking lots for this purpose. Mr. Thouin then asked how this would be differentiated from other parking. Mr. Paradis answered that it could be done with signage. This will be up to the Selectmen. This amendment only allows for that possibility. Mr. Thouin remarked that we stand to lose town use for residential use. Mr. Paradis added that it would be at a cost to the residential users.
With no other public comments, D. DeStefano made a MOTION, second by E. Seeler, TO MOVE AMENDMENT #9 TO THE BALLOT AS PRESENTED. The motion CARRIED.
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PUBLIC HEARING ON PROPOSED AMENDMENTS continued:
Amendment #11: Criteria for a Variance
Mr. Paradis explained that this came to the Planning Board so as to update the present criteria as ours are out of date. The Town Attorney suggested that we just refer to the State RSA and Supreme Court rulings so that we shall not have to change it every time the RSA changes. Mr. Meegan, Chairman for the Zoning Board agreed with this and it has been determined that a copy of the current RSA will be given out with any
ZBA Application. There were no comments from the public.
E. Seeler made a MOTION, second by S. Favorite, to MOVE AMENDMENT #11 TO THE BALLOT AS PRESENTED. The motion CARRIED.
SUBDIVISION: FREDERICK W. & PATRICIA R. WELCH/TERRY O’CONNOR
The secretary read the application, the list of abutters notified, where the hearing was advertised and that there were no telephone calls or written responses received.
Mr. O’Connor, Granite State Surveying Inc., submitted a State Subdivision Approval, a corrected abutter’s list, and permission from Patricia Welch to go ahead with this hearing. Mr. O’Connor continued to explain the proposal in which they intend to upgrade a section of Old Stage Road for access to the 3 building lots proposed there. Mr. O’Connor stated that they met with Mark Bucklin, Highway Supervisor, to discuss driveway accesses, drainage culverts and the upgrade (which is to include a hammerhead turn-around as well as a ditch line).
Mr. Paradis stated that their plan shows that Hemlock Brook Road is a Class V. Mr. O’Connor stated that this is what Mr. Bucklin told him and Mr. Paradis felt that we shall have to verify this. Steve Gross, abutter, asked what the difference is between a Class V road and a Class VI road. Mr. O’Connor answered that a Class V is paved or dirt and maintained by the municipality. A Class VI is not maintained by the town.
Waivers were requested, in writing: one from Section V, 5.10, B (no right-of-way to be less than 50’ in width or less than 300’ in length and one from Section V, 5.10, E which requires a cul-de-sac with a circular turnaround with a minimum radius of 60’. Mr. O’Connor stated that Mr. Bucklin agrees with these. A few areas need a ditch line and some culverts; Mr. Bucklin said that 12” culverts are fine (instead of 15” as required). Mr. Paradis stated that he shall have to confirm all of this as he no longer is included in the Department Head meetings where we used to be able to communicate these things. Mr. O’Connor pointed out the plan pages that show the typical roadway cross-section that they plan on doing. He added that the area that they plan on upgrading is now a dirt road with stone walls. They will have ditch lines along the side which will drain to a culvert at the end. This will direct all drainage to the remaining lot where there are wetlands. Mr. Gross did not understand so Mr. O’Connor pointed this out on the plan. Mr. O’Connor showed where the water in the wetlands drains downhill, to the back of the property, and to Hemlock Brook.
Mr. Paradis mentioned that in the aerial photo there seems to be an opening and he wondered what this is. It was thought to be open field.
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WELCH SUBDIVISION continued:
Sondra Keene, Mandi Lane, asked if Old Stage Road is public or private. Mr. O’Connor stated that it is a Class VI road. Ms. Keene then asked what a hammerhead is and if it blocks the road. Mr. O’Connor explained that it does not stop anyone from continuing but has an area to one side for a vehicle to pull into and another on the other side in which that vehicle can back into so as to turn around. Mr. Paradis asked who uses this road and Ms. Keene stated that ATV’s and Snowmobiles use it. She then asked if this will become a Class V road and would it affect the town. Mr. Milbrand answered that it would have to meet specifications to become a Class V. Ms. DellaCroce asked the width and was told that it will be 20’. Mr. Favorite added that the Selectmen would have to determine whether or not to accept the road if it meets town specifications for a Class V. They would not have to accept it, however. Mr. Martin, who is a Real Estate Broker as well as being on the Board, stated that the new owners would have trouble getting bank loans if it is not a Class V road. Mr. Paradis asked if the road would meet our subdivision regulations and Mr. O’Connor stated that it would.
Mr. Paradis asked about the cemetery that is on lot 4. Mr. O’Connor stated that this was the old Poor Farm and they found a headstone. They have created a zone around this area, maintaining the setbacks, according to the RSA. He pointed this out on the plan. Ms. DellaCroce asked if they know the age of the cemetery. Mr. O’Connor did not but stated that there is a stone wall that divides it so they have covered both areas to be sure that they have sufficient leeway for it.
Marsha Gross, abutter, asked to have them show where the water would go and Mr. O’Connor pointed this out once again, stating that the drainage path is about 1500’ long. Ms. Gross stated that there are Hemlock Brook Road drainage easements and she is concerned as to where they are to go. Mr. Welch stated that there are existing highway easements which the Road Agent said have to stay per RSA231. Mr. Gross questioned if it will change how the water flows. Mr. O’Connor said that there is a natural drain area that flows down to the brook. David Collier, Land Surveyor for Granite State Surveying Inc., stated that the drainage will continue as it is now. Mr. Gross is concerned as the town cut for these drains is 12’ into his property. Mr. Paradis asked about any terrain alteration. Mr. Welch stated that the purpose is for the new owners to have an easement for flow. Mr. Dingman asked if the vegetation gets cut, where the flow would go and it was felt that it still would continue as it is now. Mr. Dingman asked how much flooding do they get and Mr. Gross stated that it depends on the size of the storm but it occasionally wipes out their driveway now. Their well is 300’ above their house and their septic is below the house, he added. Ms. Keene asked if the drainage will be diverted to Hemlock Brook. Again, Mr. O’Connor stated that it will go to the present wetlands and then on to the brook but shouldn’t be much of increase due to the 1500’ that it must travel.
The checklist was then addressed: It was felt that in #10, Parties to Easements, this would be the town for the hammerhead and the drainage on the road. Item #24 was thought that it should be waived (drainage plan). This must be done in writing. The Board determined that they need to verify the status with Mark Bucklin. Mr. O’Connor left this as pending. Mr. Gross mentioned that there are 3 people who live at the top of the hill where it is steepest. At times, the road gets very chewed up, even in summer. Mr. Paradis again stated that we shall need to see Mr. Bucklin. He thought that we also may want to see some bonding for the road and he pointed out the reference to RSA674:36 III (b) in the Subdivision Regulations (page 30 and 31, Section 6.13).
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WELCH SUBDIVISION continued:
Ms. Seeler stated that, years ago, there was a problem with snowplowing this road. Mr. Gross stated that they now use the grader to clear it. Mr. Paradis read the section on Performance Bonds requirements.
E. Seeler made a MOTION, second by D. DeStefano, to ACCEPT THE WELCH SUBDIVISION APPLICATION AS COMPLETE PENDING THE RECEIPT OF A WAIVER REQUEST FOR #24. The motion CARRIED.
Mr. Paradis stated that he will speak with the Town Manager as to how to handle payment for Mr. Bucklin’s time as we need to have him attend the continued hearing. Mr. Collier asked if a letter would be sufficient and Ms. Seeler said that this is a very complicated situation in which we could get a letter and then find that we still have questions.
Mr. Paradis felt that we need a bond and the Board agreed. He then stated that we shall need advise on the cost of the road and the easements, as well. Ms. Gross asked for more studies to be done for the surrounding lots. A discussion of the bond was held and thought that it is needed for road improvements and drainage. Mr. Paradis stated that, as a volunteer Board, we have relied on experts. If we ask for a Performance Bond, we will have to get someone to advise us of the amount to set. He wishes to talk with the Town Manager on this. Mr. Welch suggested that they wait for Mr. Bucklin as we won’t know what to ask an engineer to look at until we know what Mr. Bucklin and the Board want. Mr. Welch stated that he can’t build on the lots until the road is upgraded. Mr. Dingman asked if he is comfortable with a time line and Mr. Paradis asked if he has a time schedule. Mr. Welch answered that he is not in a tremendous rush. He wants to do it right and he feels that the Board needs to talk with Mr. Bucklin.
D. DeStefano made a MOTION, second by C. Dingman, to CONTINUE THE WELCH SUBDIVISION TO FEBRUARY 14, 2007 AND TO ASK MARK BUCKLIN TO ATTEND. The motion CARRIED.
Mr. Gross asked what they intend to do with the remaining land. Mr. Welch stated that they may have one or two houses. One of the lots is to go to his kids and has always been their woodlot. There is a lot of wetland on it and it is important to keep it.
PCC: TURNER’S COTTAGES LLC/JON ROKEH
Mr. Rokeh stated that the existing shed was removed and now some of the folks doing units would like a 4-bay garage. They would like to know the regulations for changing their Site Plan. Mr. Paradis read the requirements and explained that the Board can accept minor changes but larger ones need to come in for Site Plan. Jack Palmer, of Brady Sullivan, asked if it isn’t just an accessory use building. Ms. Seeler stated that it could change the run-off drainage. Mr. Rokeh felt that it is internal to the side as the whole area to be disturbed stays within the on-site drainage. Mr. Rokeh continued to explain that the old shed was 35’ x 15’ and the proposed garage is 48’ x 24’. He feels that it will only affect the lot.
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WELCH SUBDIVISION continued:
Mr. Paradis feels that the building needs Site Plan and the Board agreed. He went on to say that we set precedence with the adding of a Laundromat on a piece of property. Mr. Rokeh stated that the old shed was open and this one will have doors. Mr. Favorite stated that if they build four now, they may want more later. Mr. Paradis asked if they will rent them out. Mr. Palmer stated that the Board could control the amount allowed as a condition. Mr. Paradis stated that they would need another Site Plan in order to add more. Mr. Rokeh said that this would make 5 garages and then recalled that cabin #4 has one, as well. Mr. Palmer felt that there would be no other opportunity as there is not land left for more due to the septic system and water/sewer easements. Mr. Paradis felt that this could be a minor site plan.
E. Seeler made a MOTION, second by C. Dingman, to REQUIRE MINOR SITE PLAN FOR THE 4-BAY GARAGE THAT IS PROPOSED FOR TURNER’S COTTAGES. The motion CARRIED.
Mr. Rokeh offered his services on the bonding issue for the Welch subdivision, if we need it.
PCC: FRED SCHNEIDER
Mr. Schneider, Lake St. Auto, explained that Mr. McCormick (Code Enforcement Officer) told him that he needs to amend his site plan due to exterior lighting. Mr. Paradis read Section 8.3E of the Subdivision/Site Plan regulations. It was felt that the lighting would require a change of his site plan. Mr. Schneider explained that he had PSNH put up two lights to cover his property at night. He has had one light shut off as it shown into the street. He would like to keep the other one and would like the Board to look at it.
Mr. Paradis asked what hours the light is on and Mr. Schneider stated that he pays $25.00 a month to have it on all night long. He thought that maybe they could limit this. It is a security issue as some folks cross over his property to go to Kelley Park.
Mr. Thouin stated that he appreciates Mr. Schneider’s reacting to the issue quickly and then he read a statement in which he feels lighting is an important issue. He is willing to attend if the Planning Board decides to work on something to better regulate light pollution. Ms. Seeler stated that some businesses shut down and limit the hours of lighting. Mr. Paradis suggested that smaller or lower lights might do better. Mr. Schneider felt that it is not worth doing a site plan for and will take them down.
MINUTES OF JANUARY 10, 2007:
The minutes were amended and clarified:
Page 1, first line of the minutes, change “Paquette” to “Duquette”.
Page 2, under PCC: KEN IVESTER/MIKE WILLINGHAM, 1st paragraph, 2nd line, eliminate “20th” and, after “Century” insert “21” and at the end of the paragraph, add “declaration”. Second paragraph, first line, eliminate “if the” and replace with “what happened to the”. Place a period after “property” and eliminate the rest of the sentence. Delete “20th” and place “21” after “Century”. Under
PCC; FRANKLIN SAVINGS BANK/DOUG MORIN, 1st paragraph, 3rd line, insert “However,” in front of “The interior renovations”. 2nd paragraph, first line, replace “neighbor” with “abutting property”.
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MINUTES continued:
Page 3, under Franklin Savings Bank, following “The motion CARRIED”, add “The Board advised Mr. Morin that a building permit for the interior renovations could be granted now and they would advise the Code Enforcement Officer of this.” Under ZONING BALLOT WORDING”, 4th line, replace “explanation” with “description” and in the 10th line, replace “fist” with “first”. Under Amendment #13, 1st paragraph, line 3, replace “rules” with “building codes”.
Page 4, 2nd paragraph, first line, replace “as” with “asked”, eliminate “was” and add “was” to the end of that sentence. In the 6th paragraph, 1st line, insert “Section” before “C”. 3rd line, replace “guy” with “Code Enforcement Officer”. Paragraph 7, 5th line, delete “sneak into it” and replace with “move deliberately. In the last paragraph, 1st line, replace “go” with “goes”. 2nd line, replace “are” with “is” and “on” with “about”.
Page 5, 1st paragraph, 2nd line, replace “have” with “having”. 4th line, replace “it” with “the process”. 5th line, replace “enforce” with “refer to”.
Page 6, under COMMUNICATIONS, 3rd line, insert “Study” in front of “Commission”. After “Commission” delete “re-study of” and replace with “report on. After “Act” replace “which” with “making it”.
S. Favorite made a motion, second by D. Millbrand, to accept the minutes as amended. The motion carried.
COMMUNICATIONS: Mr. Paradis read the ad for Planning & Urban Design Standards (for $175.00), the notice that the Annual Spring Planning & Zoning Conference is to be April 28th in Manchester, the highlights listed in the new Source, and the IPC Upper Dam Repair Project letter. A DES Dredge & Fill for Matthew Bourque & Elizabeth BuiteWhuys was looked at and the copy of Land Lines will be in the office for members to read.
UNFINISHED BUSINESS:
DOWNTOWN REPORT: They are developing a web site for the Downtown & Historic District.
HDC REPORT: Nothing to report.
SELECTMEN’S REPORT: Working on the budget and the meeting on where to hold the Town Hall meetings was held January 25th. Mr. Paradis attended the new wildlife meeting in Bridgewater instead.
CIP REPORT: This committee is to be resurrected this Friday.
NEW BUSINESS:
LAKES REGION PLANNING COMMISSION (LRPC) HELP: Mr. Favorite had asked Mr. Paradis to clarify what the LRPC does. Mr. Paradis called Kim Koulet, LRPC, and he stated that they provide technical data for free and review proposals free but any designing is an extra cost. They might send someone to a Board meeting for free, as well. Mr. Favorite asked if it is an hourly or base rate. Mr. Paradis answered that we give a proposal and then they break down the job into components and give their proposal.
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LRPC HELP continued:
Mr. Favorite distributed copies of Alexandria’s plan for RSA155-E for the Board to look at. He stated that he went to the seminar given by Mary Pinkham Langer and learned that we are way behind in our plan and in revenues. It was an excellent session. Ms. DeStefano mentioned that we previously
had Corey Johnston’s rough draft taken from New Hampton’s plan. Mr. Paradis feels that we need some help as we have been trying to get this done for several years and have been too busy with hearings, etc. A discussion followed.
Mr. Favorite feels that we need to re-zone the Lake District. Mr. Paradis feels that we already have a lot of regulation for this area and mentioned things like maximum lot coverage, minimum area per dwelling, and the Shoreland Protection Act.
Mr. Dingman thought that we might be able to have someone come in and tell us what we should do, such as a consultant. Mr. Paradis feels that we need a part-time Planner to look at plans before they come to the Board so that we are sure that everything that is needed has been addressed.
Mr. Favorite mentioned that, in reference to our Legal line in the budget, we pay Bernie Waugh $37.50 per 15 minutes each time we use him. Mr. Paradis stated that, in the past, we have been billed. A discussion was held and then the Board talked of all the projects that are in front of them which we never get to. Ms. Seeler added that our workshops are filled with hearings most of the time.
PCC: SONDRA KEENE
As Ms. Keene was the only one left in the audience, Mr. Paradis asked if she wanted something in particular. She stated that she was to have an informational tonight. The secretary had listed her and then taken her off when Ms. Keene had stated that she did not think that she needed it.
Ms. Keene mentioned that she got an approval for a Special Exception for a Bed & Breakfast from the ZBA. Mr. Paradis clarified this by saying that there are 4 conditions that were made: no more than 4 bedrooms to be had, a State Septic Approval for 4 bedrooms (it is currently only for 2), an agreement with the right-of-way abutter on liability and maintenance of the right-of-way, and a sign complimentary to the neighborhood and only on Ms. Keene’s land.
Ms. Keene stated that she is looking for the proper procedure for Site Plan and asked if she might come under a Minor Site Plan as she is not changing anything. Mr. Paradis read the requirement for Minor Site Plan and one requirement is that there is no other decision from a Board. Ms. Keene stated that she is not planning on doing a sign.
Ms. Seeler and Mr. Dingman feel that this needs a full Site Plan. The Board then explained how waivers must be done in writing stating what she would like waived and why. It was determined that she will need a full Site Plan.
Ms. Keene then stated that she wanted to have her hearing at our Feb. meeting. It was explained that the deadline was past for that date. Ms. Keene argued about dates and felt that there was still time even though it was explained that the part-time secretary must have time to write the abutters notices and get them out by Jan. 29th. The State requires 15 days notification, not counting the day of the hearing or the day of mailing. Ms. Keene left discouraged.
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NEXT MEETING: The next meeting will be held Feb. 14th. On the agenda is a Subdivision for Ken Grady/Larry Spellman/Pegasus Realty (Newfound Sands, Phase II), PCC for Gene Brune, Lakeside (for a Co-op). A discussion followed as the Board has not dealt with this idea as yet. Ms. DeStefano felt that it would be a good idea to contact the Local Government Center for advise on this. There is also the Continued Subdivision for Fred Welch and a Minor Site Plan for Turner’s Cottages.
With no other business, S. Favorite made a motion, second by D. DeStefano, to adjourn at 10:20 p.m.
Respectfully submitted,
Jan Laferriere, recording secretary