PLANNING BOARD MINUTES

November 28, 2007

 

APPROVED AS AMENDED & CLARIFIED

12/12/07 jrl___

 

AGENDA:                   WORKSHOP:  PROPOSED ZONING ORDINANCE CHANGES

                                                             EXCAVATIONS

                                               

ATTENDING:             Dan Paradis (Chairman), Steve Favorite (Sel. Rep.), Janice DellaCroce,

                                    Denice DeStefano, Clay Dingman, Don Milbrand

                                    Alternates:  Murray Campbell, Bob Duquette, Don Martin

                                               

ABSENT:                    Elizabeth Seeler (away).

Alternates: Tom Babcock (excused), Jerry McGwin (away).

 

 OTHER:                      -----

 

 

The meeting opened at 7:00 pm.  Mr. Campbell sat in for Ms. Seeler.  Mr. Duquette was invited up to the table as this is a workshop meeting.  He was directed not to vote on any motions, however.

 

MINUTES OF NOVEMBER 14, 2007:  The following amendments and clarifications were made:

Page 1, under ABSENT, change “DellaCroce” to “DeStefano”.

Page 3, 2nd paragraph, 1st line, insert “Selectmen’s” in front of “agenda”.

Page 4, under UNFINISHED BUSINESS, 2nd paragraph, 3rd line, replace “the other thought” with “a possible interpretation”.  3rd paragraph, 4th line, change “machined” to “machines”.  6th line, delete the “al” from “economical”.  Following the last sentence, clarify by adding “(both are manufacturing but the impacts are very different)”.  4th paragraph, 3rd line, place “allowed uses” in quotations.  4th line, replace “change with” with “should we revise the ordinance to refer to” and after “users” replace “and bring it in for Site Plan.” With “rather than uses.

Page 5, 1st paragraph (to clarify the motion), 2nd line, place “ALLOWED USERS” in quotations and eliminate the “R” in “USERS”.  In the last line, replace “IS” with “DOES” and “REQUIRED” with “REQUIRE SITE PLAN APPROVAL”.

            Mr. Dingman made a MOTION, second by S. Favorite, to ACCEPT THE MINUTES AS AMENDED AND CLARIFIED.  The motion CARRIED.

 

 

 

 

 

 

 

 

 

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Planning Board Minutes

11/28/07

 

PROPOSED ZONING AMENDMENT CHANGES:

            Amendment #1:  Section 4.12D  Non-Conforming Condominium Conversion

Mr. Paradis gave out copies of Section 356-B:5 of the Condominium Act for the Board to look at.  Ms. DeStefano asked if the Board should consider adding Co-ops as well.  Ms. DellaCroce stated that a co-op is one parcel owned by all and she is not sure that it is the same as condominium.  Mr. Paradis explained that the State law allows us to set this on condominiums.  Mr. Favorite asked what the charges and fees as are lawfully imposed means.  The Board felt that it sounded like they mean impacts.

            D. Milbrand made a MOTION, second by D. DeStefano, to BRING AMENDMENT #1 TO PUBLIC HEARING ON DECEMBER 19, 2007.  The motion CARRIED.

 

            Amendment #2:  Article IV, 4.12. C1 & C3 and Definitions.  Non-conforming Structures

Mr. Paradis used Turner’s Cottages for an example of what this is about.  Ms. DeStefano suggested that, at the end of the proposed section, “without Planning Board approval” be added.  The Board agreed and it was determined that it be added to both C1 and C3.  Ms. DellaCroce asked about the significance to the Shoreland Protection Act if there has been a fire.  Mr. Paradis stated that this will cause our restriction on expansion to be the same as the States existing restriction.  As of April 1st, the State will only allow to rebuild in the same footprint but they can build up in height.  He thought that we may want to be more restrictive in the Lake District (our regulations at present allows up to 35’).  A discussion followed in which it was felt that this is needed so as to try to eliminate over-crowding. 

            A discussion was held on the need of a definition for Footprint.  It was felt that the footprint should be as the vertical section.  The Board defined footprint as “The vertical projection onto the ground of the largest outside dimensions of a structure including porches, decks, eaves and overhangs”.

            D. DeStefano made a MOTION, second by J. DellaCroce, to BRING AMENDMENT #2 WITH THE CHANGES TO PUBLIC HEARING ON DEC. 19, 2007.  The motion CARRIED.

 

            Amendment #3:  Section 4.5 I, Parking Regulations

The amendment is meant to simplify procedures for new merchants when a change in use occurs in the Downtown Commercial District.

            D. DeStefano made a MOTION, second by D. Milbrand, to BRING AMENDMENT #3 TO PUBLIC HEARING ON DEC. 19, 2007.  The motion CARRIED.

 

            Amendment #4:  Sections 4.9 F, 4.9 G, and 4.9 H Recreational Camping Parks

4.9 F = Mr. Martin asked the rationale for no parking on the streets and roadways.  Mr. Paradis stated that this was for safety reasons.  Mr. Martin pointed out that it creates a problem with impervious surfaces on the other hand.  He suggested that the Board consider parking on one side of the street.  The Board determined to remove the last sentence “Parking lanes for parallel parking shall be a minimum of seven (7) feet” when Ms. DellaCroce pointed out the problem was for blocking emergency vehicles when someone was coming in the opposite direction and Mr. Martin answered that the on-coming vehicle is supposed to pull over out of the way. 

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Planning Board Minutes

11/28/07

AMENDMENT #4 continued:

4,9 G = Mr. Martin asked if there is any way to cluster the sites and setting aside green space (relating to the 5,000 sq. ft. lots).  Ms. DeStefano stated that we could say 5,000 sq. ft. for cluster and 5,000 sq. ft. for conservation land or green space.  Mr. Martin added that even with 4,000 sq. ft. with 6,000 sq. ft. of green space could work.  A discussion followed.  Mr. Paradis mentioned that at Blueberry Shores, they now have 40’ x 10’ structures plus porches of 40’ x 10’.  These would be 80’ x 60’ allowing for a 20’ setback.  Mr. Dingman asked if there is a way to do this so that they must come in to the Planning Board for guidance.  A discussion followed on swamp land or non-buildable land.  Mr. Martin added a proposal to add on so as to encourage cluster development:  “Clustering of sites shall be encouraged resulting in lots of minimum of 4,000 sq. ft. provided the density of at least 10,000 sq. ft. of buildable land per site be attained.”.  Mr. Paradis will work on the exact wording for this.  It was determined to add “buildable” after contiguous to the last line.

 

4.9 H =  Okay as is.

 

            D. DeStefano made a MOTION, second by D. Milbrand, to BRING AMENDMENT #4, INCLUDING ALL CHANGES MADE, TO PUBLIC HEARING DEC. 19, 2007.  The motion CARRIED.

 

AMENDMENT #5:  Section 3.2H 3, 4.b, and 4.e.4 Buffers/Shoreland Protection Act

            Mr. Paradis explained that, in April, the Shoreland Protection Act will cover the Pemi.  Nothing is to be built within 50’ of the shore except a walkway to a dock.  After much discussion, it was determined to eliminate the 2nd sentence in 3.2H,4.b.  It was felt that #3.2H,7 must also be changed to be compatible with the Shoreland requirement of 150’.  If we leave this alone, the applicants would have to have a State Variance from the Shoreland Protection Act, Mr. Milbrand added.  Mr. Paradis stated that we keep the 200’ and change 20’ to 150’.   Mr. Paradis clarified that it is to delete 10’ and change 20’ to 150’.  To also delete the “s” on “Units” (Page 11 of the Zoning Ordinance).

            D. DeStefano made a MOTION, second by C. Dingman, to BRING AMENDMENT #5 AS REVISED ALONG WITH PAGE 11 TO PUBLIC HEARING ON DECEMBER 19, 2007.  The motion CARRIED.

 

AMENDMENT #6:  Section 8.108 = Definition of “Private Way”

            Mr. Paradis is suggesting that this definition be eliminated as it is not referred to in the ordinance in any other location. 

            Mr. Milbrand made a MOTION, second by D. DeStefano, to BRING AMENDMENT #6 TO PUBLIC HEARING ON DEC. 19, 2007.  The motion CARRIED.

 

AMENDMENT #7:  Section 8.153 = Definition of Variance, Hardship

            Mr. Paradis stated that this should be deleted as all variances are a hardship.

            D. DeStefano made a MOTION, second by C. Dingman, to BRING AMENDMENT #7 TO PUBLIC HEARING ON DEC. 19, 2007.  The motion CARRIED.

 

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Planning Board Minutes

11/28/07

 

AMENDMENT #8:  Section 4.15  Junk Yards

            Mr. Paradis stated that this is to make it easier for Ms. Montague, Land Use Officer, to rule on Junk Yards.  They are not permitted in any district of the town.  He pointed out that the State definition is on page 218 of the NH Planning and Land Use Regulations.  He read the Section 236:124 on page 225 which  gives power to the local ordinance.  A discussion followed.

            D. Martin made a MOTION, second by D. Milbrand, to BRING AMENDMENT #8 TO PUBLIC HEARING ON DEC. 18, 2007.  The motion CARRIED.

 

At this time, Mr. Favorite presented Mr. Paradis with an e-mail from Corey Johnston with his comments.  As we had already been over most of our Amendments, it was felt that these comments could be brought up at the public hearing.

 

AMENDMENT #9:  Article XIV  Certificate of Use and Occupancy Code

            Mr. Paradis explained that this is a new section for the Zoning Ordinance that was done last year but time ran out for getting it completed in time for the public hearing deadline.

            Ms. DeStefano stated that she has a problem with #5 due to enforcement.  She questioned who would be responsible for what.  How are we to make sure that it happens.  A discussion followed.  Ms. DeStefano felt that it would need some sort of regular schedule for checking.  The Board determined to drop #5.

            Mr. Martin felt that 4.2 Board of Appeals is too broad.  With discussion, the Board suggested that it could be required the same as a building permit ($500 or more).  Mr. Campbell felt that it should be more like $750 to $800 with today’s prices.  4.1 & 2 were changed to 4.a & b and in b, in the first line after “changes” insert “requiring a building permit”.

            The effective date was set at July 1, 2008.

            D. DeStefano made a MOTION, second by D. Milbrand, to BRING AMENDMENT #9 TO PUBLIC HEARING ON DEC. 19, 2007 WITH THE WORDING CHANGE IN 4.b, THE DELETION OF 5. AND THE EFFECTIVE DATE OF JULY 1, 2008.  The motion CARRIED.

 

EXCAVATIONS:  11/28/07 DRAFT

            A few minor changes were made.

            D. Milbrand made a MOTION, second by M. Campbell, to BRING TO PUBLIC HEARING AT A DATE TO BE DETERMINED AT THE NEXT WORKSHOP MEETING.

 

 

 

 

 

 

 

 

 

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Planning Board Minutes

11/28/07

COMMUNICATIONS:

            A copy of a letter from Wescott, Millham & Dyer regarding a complaint of Weigel property vs. Mary Cotter-Lemoine was read.  Bernie Waugh’s hard copy of his answer to the Jeff Shackett question had been e-mailed to the Board earlier.  A DES copy of a Shoreland waiver for Michael & Karen Ahern, #111-61/42 was read.  Plan NH update and membership guide was looked at.  Mr. Paradis stated that he e-mailed the charrette info. and there does not seem to be much interest.  Money is on the Capital Improvements Plan for the Downtown and members felt that some should be used for this.  Mr. Paradis will speak with Ms. Corrow about this.  The secretary will hold the Plan NH correspondence in the meantime.  Mr. Favorite had e-mailed a copy of Franklin’s Downtown Revitalization District for the Board’s information.  Mr. Paradis read Krystal Alper’s invitation for the CIP committee to a David King, architect on the library, seminar on 12/11/07 at 4:00 p.m. at the library.

 

REPORTS:     

DOWNTOWN:  Mr. Favorite reported that the lights are now lit.

 

HISTORIC DISTRICT COMMISSION:  Mr. Dingman stated that their next meeting is Dec. 13th.

 

SELECTMEN:  Mr. Favorite stated that they have been going over the parking ordinance and pay classifications for employees.  He added that there is no increase in the Health Ins. this year.  They are also considering cable excise fees. 

Mr. Favorite mentioned that there is a School Board Budget hearing tomorrow night at the high school at 6:30 p.m.  There is a need for serious cutting.  They will be addressing Football and IT which is going from $300,000 to $900,000.  DRA is going in to check on the budgeting and there is no teacher’s contract at the moment. 

Mr. Favorite stated that the new tax rate has been set and it is very good.  The first public hearing will be held in February, he added.

 

CAPITAL IMPROVEMENTS PROGRAM:  There will be another article in tomorrow’s paper, Mr. Campbell announced.  A reminder that the committee is to present the program to the Budget Committee on Dec. 10th at 7:00 p.m. followed.  The secretary is to check with Ms. Alpers for a permanent meeting date starting in January.

 

SURVEY:  The status report has been e-mailed.

 

NEW BUSINESS:  None at this time.

 

NEXT MEETING:  The next meeting is Dec. 12th at 7:00 p.m.  On the agenda is the Continued Subdivision for Jeremy Mitchell & Paul Morrissette and a Subdivision for Hemlock Brook LLC.

 

With no other business, C. Dingman made a motion, second by D. Milbrand, to adjourn at 10:05p.m.

                                                            Respectfully submitted,

                                                            Jan Laferriere, secretary