PLANNING BOARD MINUTES

November 14, 2007

 

APPROVED AS AMENDED & CLARIFIED

11/28/07 jrl_____

 

AGENDA:                   SUBDIVISION:  JEREMY MITCHELL/PAUL MORRISSETTE,  8 Central

                                                Sq., #114-173

                                    BOUNDARY LINE ADJUSTMENT:  MICHAEL F. & JESSIE K. SHARP,

                                                Jenness Hill and River Rds., #209-015 & -043

                                    SUBDIVISION:  HEMLOCK BROOK LLC c/o JAMES KEENAN, Lake St.,

                                                Route 3A, #205-017

 

ATTENDING:             Dan Paradis (Chairman), Elizabeth Seeler (Vice-Chrm.), Steve Favorite (Sel. Rep.), Janice DellaCroce.  Alternates:  Murray Campbell, Bob Duquette, Jerry McGwin.

                                               

ABSENT:                    Denice DeStefano (away), Clay Dingman (away), Don Milbrand (away).  Alternates: Tom Babcock (excused), Don Martin (conflict).

 

 OTHER:                      abutters

 

 

The meeting opened at 7:00 pm.  Mr. Campbell, Mr. Duquette, and Mr. McGwin sat in for Ms. DeStefano, Mr. Dingman, and Mr. Milbrand.   

 

SUBDIVISION:  JEREMY MITCHELL & PAUL MORRISSETTE

            The secretary read the application, the list of abutters notified, where the notice was published and stated that no telephone calls or written correspondence was received.

            Mr. Mitchell explained that they have had the property lines researched and that there are two possible encroachments:  one used to be an entrance door, to the side of their building, and led into the next building.  The other one is on the building to the south which encroaches on their rear lot.  These were pointed out.  Mr. Paradis mentioned that these properties all went to the river originally and then some of it was filled in.  Mr. Mitchell continued by saying that they plan on leaving the rear of the lot as it is and only allow for one parking space.  They have not completed the condo documentation as they wanted to input anything pertinent that came up tonight, he added.  In looking at the application, Mr. Paradis explained that they are not in current use as this is a term used for a specific use of untouched land. 

            The checklist was then addressed and several waivers were asked for.  When asked, Mr. Mitchell stated that the town is doing separate meters on each of the four units.  Mr. Paradis asked if they have applied for State Subdivision and Mr. Mitchell answered that, by next Wed., they should have the condo docs. ready for the State Subdivision. 

 

 

 

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MITCHELL/MORRISSETTE SUBDIVISION continued:

            Jeff Goodrum, abutter, came in and asked to speak as the applicants are advertising parking in the rear and he is disputing this.  Mr. Goodrum distributed copies of his plan, and the deed, on which the applicant has an r.o.w. over his property.  Mr. Paradis stated that there seems to be a conflict of who owns what.  Mr. Goodrum explained that the previous owner of his property took this to court within the last 10 years and this was clarified by the court.  He added that Mr. Mitchell and he get along fine but he is concerned about future problems with new owners.  A discussion of the boundary lines was held.  Mr. Duquette stated that it can be noted that the applicants just want a  maximum of one parking area in the rear.  Mr. Paradis stated that the one parking space is agreed on but the two plans are not in agreement.  An additional area at the north end of the applicant’s plan does not agree, as well.  Mr. Paradis addressed page 21, 4.5H of the Zoning Ordinance which he read.  This section addresses municipal parking not being credited for residential use without the approval of the Selectmen and, at the next possible Town meeting, by the Legislative body.  Mr. Favorite stated that the Selectmen had a discussion on this subject on May 4th.  There are three municipal parking lots available with no limited parking. 

            At this time, the tape was paused while Mr. Mitchell wrote out his waiver request.

            E. Seeler made a MOTION, second by J. DellaCroce, to WAIVE #13, 14, 15, 16, 20, AND 24 OF THE CHECKLIST.  The motion CARRIED.

            Mr. Paradis then explained that, if the Board accepts the application as complete, they must rule on it within 65 days unless the applicants request extensions. 

Mr.Paradis pointed out that the right-of-way (r.o.w.) is not shown across Mr. Goodrum’s plan.  Ms. DellaCroce explained that the r.o.w. is referenced on Mr. Goodrum’s deed.  Mr. Mitchell stated that he will tie the one parking space to the 3-bedroom condo.  A discussion followed about the space not blocking the rear door.  Mr. Goodrum felt that delivery to the restaurant/bakery couldn’t happen if the parking space is for a condo unit.  Mr. Mitchell stated that delivery is done out front as this area is difficult to get into. 

Mr. Paradis asked if we wish to accept the application as complete with conditions or continue the hearing.  A discussion was held.  Mr. Goodrum stated that he would like a copy of the deed when it is finalized.  Mr. Paradis explained that there are two stages for an application: to accept it as complete and then for final approval.  We need a corrected plan and DES Subdivision approval.  Mr. Favorite added that they need assignment of parking.  Mr. Paradis felt that this would be under the second part of the hearing along with the condo docs. and the water/sewer permit.

S. Favorite made a MOTION, second by R. Duquette, to ACCEPT THE APPLICATION AS COMPLETE WITH THE CONDITION OF AN UPDATED PLAN, WATER & SEWER PERMITS, STATE SUBDIVISION APPROVAL, AND CONDOMINIUM DOCUMENTATION.  The motion CARRIED.

Mr. Mitchell asked if he is to go to the Selectmen on parking.  Mr. Paradis explained that he should get on the Selectmen’s agenda to get their approval (one year is allowed).  After that, it will need to go to Town Meeting for the Legislative vote. 

 

 

 

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MITCHELL/MORRISSETTE SUBDIVISION continued:

S. Favorite made a MOTION, second by J. McGwin, to CONTINUE THIS HEARING TO DECEMBER 12, 2007.  The motion CARRIED.

Mr. Mitchell asked who to speak to in order to get on the Selectmen’s agenda and was told to see Krystal Alpers and she will schedule it.

 

SUBDIVISION:  HEMLOCK BROOK LLC

            Mr. Paradis explained that the newspaper did not print the notice even though they acknowledged receiving it from us.  State law requires that it be in a newspaper so the Board shall have to postpone this hearing.

            S. Favorite made a MOTION, second by R. Duquette, to POSTPONE THE HEMLOCK BROOK LLC HEARING TO DEC. 12, 2007.  The motion CARRIED and Mr. Paradis apologized to those attending.

 

BOUNDARY LINE ADJUSTMENT:  MICHAEL SHARP

            Mr. Sharp explained that he is to purchase a piece from his cousin Jessie and he has State approval to do so.  The reason for doing this is so as to straighten his rear property line.  The Board looked at the plans and acknowledged that we have a copy of the State approval. 

            E. Seeler made a MOTION, second by J. McGwin, to APPROVE THE BOUNDARY LINE ADJUSTMENT FOR MICHAEL & JESSIE SHARP.  The motion CARRIED.  Mr. Sharp paid the fees for the mylar recording and the Board signed the plans.

 

MINUTES OF OCTOBER 24, 2007:  The following amendments and clarifications were made:

Page 1, CIP APPROVAL, 2nd paragraph, 4th line, following “bar graph” insert “of capital expenses” and last line, delete “continues” and replace with “varies”.  Page 2, 2nd paragraph, 4th line, before “$1.11” insert “an increase of” and after it, insert “in the tax rate.”  Page 3, SELECTMEN’S REPORT, 2nd line, replace “#” with “$” and in the last line, replace “of” with “with a”.  Under NEW BUSINESS, 1rst line, following “together” insert “proposals for” and in the 2nd line, replace “ideas on” with “last year’s proposal regarding”.  Under PCC: BETTY SEELER, 2nd line, insert “Industrial” following “on her”.  In the 3rd line, after tenant, insert “who was renting the whole building” and delete “Towelette’s Inc. is looking to rent and” and replace with “The new tenant in half the building”.  Line 4, following “off” insert “approximately half”.  Line 5, replace “big” with “interior” and “a new” with “an additional”.  Line 8, after “3 tenants” insert “but now has one; would she need Site Plan to go back to 3?”  Page 4, 2nd paragraph, 5th line, replace “business opportunity” with “the small Industrial space we have.”

            E. Seeler made a motion, second by S. Favorite, to accept the minutes as amended.  The motion carried.

 

 

 

 

 

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COMMUNICATIONS:  Ads were read and past meeting announcements were set aside.  The Verizon wireless facility notice for Danbury was read.  The DES Shoreland Waiver for Frank & Shirley Bednaz was looked at.  As Bristol’s ZBA denied this, the Board felt that the State cannot overrule the town.

Ms. Mahoney’s answer from LGC pertaining to the Shackett Holdings case was looked at and Mr. Paradis asked that a copy be made for the Board members.  The copy of the letter from Heath & Elizabeth S. Putnam was read as was the information given on the 19-unit elderly housing grant to be built on Lake St./Balou Rd.  It was noted that, on the cover of the Town & City Nov./Dec. issue is the Bourough Bridge.

 

UNFINISHED BUSINESS:

BETTY SEELER REQUEST:  Mr. Favorite asked what there is for heating when she partitions the building.  Ms. Seeler stated that it is one heating system and will remain unless the new tenants desire something else.  Mr. Skantze, Fire Chief, only requested two exists from the mezzanine.  A contractor is doing the building and is to put the stairs in from the mezzanine to the door.  Mr. Favorite asked if the mezzanine is metal or wood.  Ms. Seeler answered that the contractor did not say.  Mr. Skantze will not insist on one or the other as it is existing. 

            Mr. Paradis stated that the Board must address the theoretical question on page 34, 8.3.6 of the Site Plan Regulations.  This is what Ms. Montague, Land Use Officer, is basing her opinion on and feels that Ms. Seeler needs Site Plan.  Mr. Paradis added that a possible interpretation is that “allowed uses” is from the list of uses on the table in the back of the Zoning Ordinance.  There will be two more users in this case, but only one use.  Ms. Seeler mentioned the hairdresser unit at 8 Central Square which needs two means of egress.  A discussion followed.

            Mr. Paradis read the purpose section of Site Plans (8.2).  Mr. McGwin stated that the guidelines are to protect the abutters but the building is for just more tenants which are all still Industrial.  Mr. Paradis feels it is up to the Board as to how it affects the abutters.  Mr. Favorite used the example of going from a business with 10 machines to one with 40 machines.  It would mean more noise, more machines, more traffic and probably more shifts.  Ms. DellaCroce compared it to 86 Summer St.  Ms. Seeler felt that this was limited by parking.  Mr. Favorite stated that we need economic development.  A discussion on uses was continued.  Ms. DellaCroce said that uses are such as Industrial, Residential, etc.  Ms. Seeler mentioned the Tin Shop with its’ many tenants in the same building.  Mr. Campbell felt that the safety issue would take care of itself.  Ms. Seeler added that any construction brings in the Fire Chief and that more than 10 employees brings in OSHA.  Mr. Paradis suggested that maybe we should bring everyone in and gave an example of knitters versus stampers (both are manufacturing but the impacts are very different). 

            Ms. Seeler suggested that, when the noise ordinance is completed, a copy should be sent to all the owners of Industrial buildings.  Mr. Paradis went back to what Ms. DellaCroce said and reiterated that the phrase is “allowed uses” which brings up Appendix C.  Do we agree that what is there now we will keep and clarify or should we revise the ordinance to refer to users rather than uses.  Mr. Paradis stated that we cannot tell Ms. Montague what to do.  We can give our opinion and, if she still feels that it needs Site Plan, Ms. Seeler can appeal.  Ms. Seeler did not want to do this. 

 

 

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SEELER DISCUSSION continued:

Mr. Favorite stated that it is Uses versus Users.  He added that, after 20 minutes of discussion and seven Board members, we feel the same, that this refers to Uses not Users and does not need Site Plan.  If the Use changes, then Site Plan is needed.

            A vote was then taken and Mr. Paradis made the motion to read:

WE CONSIDER THAT IN #6 (Section VIII.B.a6) INTERPRETATION OF “ALLOWED USES” IS NARROW.  IT SIMPLY REFERS SPECIFICALLY TO THOSE USES WHICH ARE DELINEATED AT THE BACK OF THE ZONING ORDINANCE.  IF THERE IS AN INCREASE IN THE NUMBER OF USES, IT REQUIRES SITE PLAN.  AN INCREASE IN THE NUMBER OF USERS OF THE SAME USE DOES NOT REQUIRE SITE PLAN APPROVAL.  The motion carried.

 

DOWNTOWN REPORT:  Mr. Favorite stated that the Christmas tree lighting will be held next Friday at 4:30 p.m.

 

HISTORIC DISTRICT REPORT:  Mr. Paradis read the e-mail that he had received from Mr. Dingman in which the Commission had issued a Certificate of Approval with conditions to the bakery/pizza shop at 8 Central Sq. for signage.  They also met with Ms. Montague and she and Mr. Dingman will walk around the District so that Mr. Dingman can point out what is out of compliance and what is grandfathered.  The Commission is to create an extensive information packet for COA applicants as well as an information packet to distribute to all of the property owners and business owners in the District.  They determined that they will have no additions or modifications to the HD Ordinance.

 

SELECTMEN’S REPORT:  Mr. Favorite stated that they worked on the Noise Ordinance, have discussed the bridge, the CIP report and how to bring it to public view and understanding.

 

CIP REPORT:  Mr. Campbell reported that an article was in the Record Enterprise and they will probably have another on the presentation to the Selectmen.  The next meeting will be held in January.  Mr. Paradis explained that Ms. Corrow has said that the committee is only to prioritize and set up methods of payment but are not to cut amounts.  Mr. Campbell stated that the committee will study that part.

 

SURVEY REPORT:  Mr. Dingman had e-mailed results to date:  Total received is 78 coupled with 378 online responses for a total of 456.  Our subscription to SurveyMonkey ends on Nov. 26 so, when he returns, he shall pull up all the data and slice/dice/analyze as much as possible using the website’s tools before the subscription expires.  Mr. Paradis wants to wait for the final version before we print it out.

 

ZONING ORDINANCE CHANGE SCHEDULE:  The schedule was discussed and it was determined that we shall work on the draft changes on by Dec. 19th.  A discussion was held on Building Codes and a Building Inspector and whose responsibility this is.  It was felt that we could call LGC and/or speak with Ms. Corrow, Town Manager.  Mr. Paradis will see Ms. Corrow.

 

 

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OTHER:  Mr.Favorite mentioned that NH Business Review had an article on small boards when big developers come in.  They advise that the small boards get professional help with those cases. 

            Also, Mr. Favorite thanked those who voted yesterday (on teacher’s salaries).  They received a November 7th letter from Marie Ross (School Superintendent) and it stated that, with a negative vote, negotiations will be re-started and be ready by January 8th to prepare for the March vote.  The Board discussed the lack of notification for the special meeting vote.

 

NEXT MEETING:  The next meeting is a workshop to be held on Nov. 28th.  Mr. Paradis asked that any other change suggestions for the Zoning Ordinance be brought in.  A discussion was also held in connection with our Dec. workshop meeting.  As it would normally fall on Dec. 26th, it was agreed that the Board would prefer to meet the week before on Dec. 19th.   Mr. Favorite checked the calendar in Ms. Alpers office and said that it is free.

 

With no other business, the meeting adjourned at 10:00 p.m.

 

                                                                        Respectfully submitted,

                                                                        Jan Laferriere, secretary