PLANNING BOARD MINUTES
December 19, 2007
APPROVED AS AMENDED AND CLARIFIED:
1/9/08 jrl____
AGENDA: FIRST PUBLIC HEARING ON PROPOSED ZONING CHANGES
MOTION ON EXCAVATIONS
PCC: FRANK YERKES/ATTORNEY ROGER BURLINGAME,
DEVOST MARINA
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice-Chair), Steve Favorite (Sel.
Rep.), Janice DellaCroce,
Alternates: Murray Campbell, Jerry McGwin
ABSENT: Denice DeStefano (excused), Don Milbrand (excused)
Alternates: Tom Babcock (excused), Bob Duquette, Don Martin (conflict).
OTHER: public: Irene Sutkus, Frank Yerkes, Roger Burlingame, Joe Mancini
The meeting opened at 7:00 pm. Mr. Campbell and Mr. McGwin sat in for Ms. DeStefano and Mr. Milbrand.
PUBLIC HEARING ON PROPOSED ZONING CHANGES
Amendment #1: Section 4.12D – Non-conforming Condominium Conversion
Mr. Paradis explained the rationale behind this amendment as to allow the Town better ability to review condo conversions before they take place. He added that the lawyers are okay with this. Mr. McGwin questioned the wording of “conversion condominiums” and Mr. Paradis explained that this is how the State has worded it. There were no further comments.
C. Dingman made a MOTION, second by S. Favorite, to BRING AMENDMENT #1 TO TOWN VOTE IN MARCH. The motion CARRIED.
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PROPOSED ZONING CHANGES continued:
Amendment #2: Section 4.12C1, C3 and Definitions – Non-conforming Structures and Footprint
Definition
Mr. Paradis explained that Town Attorney, Bernie Waugh, has questioned this one and Mr. Paradis explained to him that it is primarily in reference to the Lake District. Atty. Waugh felt that we should address the specific district and he offered to help write it up as a use variance. Mr. Paradis felt that there is not time and he distributed copies of new wording. Mr. Paradis also read comments from Selectman Joe Denning and stated that he felt that Mr. Denning did not fully understand that “Planning Board approval” is to help the applicants. Mr. Paradis stated that the Board could add our own wording as to the reasons for this need in the Lake District. A discussion brought forth that it is to protect the lake, protect the basic character of the lake area, to reduce impervious surfaces and to avoid over-crowding.
The Board then determined that the adding of the rationale should be:
“In order to avoid overcrowding, reduce increase of impervious surfaces and preserve the unique character of the area, special conditions apply to the Lake District.”
Ms. DellaCroce thought that this is a bit of a conflict with the footprint definitions. Mr. Paradis stated that the State does not allow an increase in the area but allows property owners to change the location where this would limit to the exact location. Ms. Seeler stated that ours allows expansion to the present overhangs and Mr. Paradis stated that the new overhangs have to be within the old footprint. Mr. Favorite mentioned that in the Nuttings Beach area, this was not allowed.
The setbacks were then addressed and Mr. Paradis read this portion. He added that we do not allow eaves in the setbacks.
Irene Sutkus, Upper Birch Drive, asked about the enclosing of a porch. Mr. Paradis felt that the proposed zoning change would not exclude this unless it was to become another bedroom and then the septic approval would determine whether it could be done or not.
C. Dingman made a MOTION, second by E. Seeler, to BRING AMENDMENT #2, AS REVISED, TO A JANUARY 23, 2007 PUBLIC HEARING. The motion CARRIED.
Amendment #3: Section 4.5 I – Downtown Parking Regulations
Mr. Paradis explained that this will simplify procedures for new merchants when a change in use occurs. There were no further comments.
E. Seeler made a MOTION, second by J. DellaCroce, to BRING AMENDMENT #3 TO TOWN VOTE IN MARCH. The motion CARRIED.
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PROPOSED ZONING CHANGES continued:
Amendment #4: Sections 4.9F, 4.9G and 4.9H – Recreational Camping Parks
Mr. Paradis explained that these measures are similar to some we had proposed to go into Site Plan Review and were advised that they should be in zoning. They are similar to those which apply to manufactured housing parks. Mr. Paradis then stated that the Board may want to set aside an area for additional parking as well. He mentioned that he has a problem with G, the last line as, for example, an 80’ x 60’ lot is 4800 sq. ft. Mr. Paradis felt that the Board might want to raise the minimum area under clustering to 5,000 sq. ft. instead of 4,000 as is proposed or change the setback to 15’ from 20’. The Board determined to change H to read 15’.
Ms. DellaCroce had a problem with F and felt that it did not explain the parking on a one-way street. It was determined to re-word F so that both one-way and two-way streets are the same.
Ms. Seeler questioned H where the second 20’ should be 30’ as setbacks are 15’ for each property. The Board determined that this change be made also.
Mr. Paradis read 4.8F, Manufactured Housing Parks, and asked if the Board wanted to adopt any of this. Ms. Seeler thought that what we have now is adequate and the others agreed.
E. Seeler made a MOTION, second by S. Favorite, to BRING AMENDMENT #4 TO A SECOND HEARING ON JANUARY 23, 2007. The motion CARRIED.
Amendment #5: Section 3.2H 3, 4.b and 4.e.4 – Shoreland Protection Act Buffers
Mr. Paradis explained that we have the Pemi-Overlay as the State did not cover this river but, as of April 1, 2008, the Pemi will come under the Shoreland Protection Act. We need to modify our Overlay to comply with the State. However, Mr. Paradis feels that we goofed in our interpretation of the State law being stricter and feels we should skip it and correct 3.3H, changing to “the first ten units”.
Ms. Sutkus asked if this would mean that an applicant would have to have 10 units and she was told that it would be up to 10 units.
It was determined that 3.2H,7,b should be eliminated until we understand the State law better.
E. Seeler made a MOTION, second by C. Dingman, to BRING AMENDMENT #5 TO A SECOND HEARING ON JANUARY 23, 2007. The motion CARRIED.
Amendment #6: Section 8.108 – Private Way Definition
Mr. Paradis explained that this definition is nowhere else in the Ordinance and should be deleted.
E. Seeler made a MOTION, second by C. Dingman, to BRING AMENDMENT #6 TO VOTE AT THE MARCH TOWN MEETING. The motion CARRIED.
Amendment #7: Section 8.153 – Variance, Hardship Definition
Mr. Paradis explained that this term is not used anywhere in the ordinance and should be deleted.
E. Seeler made a MOTION, second by J. DellaCroce, to BRING AMENDMENT #7 TO VOTE AT THE MARCH TOWN MEETING. The motion CARRIED.
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PROPOSED ZONING CHANGES continued:
Amendment #8: Section 4.15 – Junk Yards
Mr. Paradis explained that this would prohibit junkyards throughout the town while allowing dealers and repair shops to keep a small number of unregistered cars. Mr. Paradis feels that the Board needs to allow registered motor vehicle dealers more than 5 cars. The Board determined to add “Registered motor vehicle dealers may store an unlimited number of unregistered vehicles at their principal place of business.” The Board then discussed the maximum number to be used by automotive repair services. Ms. Seeler felt that it should be ten. Mr. Paradis read Mr. Denning’s comment. Ms. DellaCroce said that, maybe 5 is unreasonable. A discussion followed. Ms. Seeler stated that, sometimes a customer abandons the car with the service agent and it takes awhile for them to get a clear title so as to be rid of it. More discussion followed and it was determined to change the amount to 6.
E. Seeler made a MOTION, second by C. Dingman, to BRING AMENDMENT #8 TO A SECOND HEARING ON JANUARY 23, 2007. The motion CARRIED.
Amendment #9: Article XIV – Certificate of Use and Occupancy Code
Mr. Paradis explained that he has received and e-mail from Elizabeth Corrow, Town Manager, which states that the Selectmen have asked that this be tabled. They realize that it is under the priority of the Planning Board but felt that they are not on board with it and there is nothing in the budget for this as they were not aware that it was coming up.
Ms. Seeler stated that 82% of the survey participants want this and Mr. Campbell added that 72% want architectural controls. Mr. Dingman stated that we were looking at this a year ago. Mr. Paradis agreed but felt that he would like to do this with the support of the Town Manager and the Selectmen. Mr. Favorite stated that there are no funds in the budget but, last year, we were talking about joining other towns for a shared building inspector. Mr. Campbell stated that the Town Manager was not in favor of this last year. He felt that it is sad that, in 12 months, there have been no communications on this. Mr. Paradis stated that we could move this to a second hearing and, even if we do it, if they don’t fund it, we still can’t use it. He feels that if we move it to a second hearing, we can try to get everyone on board. Ms. Seeler suggested that we change the effective date to July 2009. Mr. Favorite felt that we still have time to get this together. Mr. Campbell felt that it would be self-funding. Mr. Paradis explained that it has to show in the budget even so.
The board determined to change the effective date to Jan. 1, 2009 or date of hire of a building inspector, whichever is earlier. Ms. Sutkus asked about State penalties (14.8). Mr. Paradis read RSA676.16 & 17 and Ms. Sulkus questioned if these penalties will cover the cost of inspections. The Board agreed to adopt town counsel’s language regarding penalties.
E. Seeler made a MOTION, second by C. Dingman, to BRING AMENDMENT #9 TO A SECOND HEARING TO BE HELD JANUARY 23, 2007.
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Amendment #9 continued:
Mr. Favorite questioned if the Selectmen appoint this position. With the Town Manager form of government, Mr. Paradis stated that we need to change the second paragraph in 14.1, first line to “The building inspector shall be hired by the Town Manager….”
E. Seeler made a motion, second by S. Favorite, to AMEND #9 AS STATED AND BRING IT TO A SECOND HEARING TO BE HELD JANUARY 23, 2007. The motion CARRIED.
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Amendment #10: Section 4.11 F – Airspace
Mr. Paradis presented the Board with a 10th amendment brought on by a recent discussion with Sheryl Montague, Code Enforcement Officer. Ms. Montague was counting the space between the sign and the ground and Dan Bouchard, Zoning Chairman, agreed with her. As a sign on the side of a building would need to have the whole side counted, if this were the case, the Board determined that this clarification would make this clearer.
E. Seeler made a motion, second by S. Favorite, to BRING AMENDMENT #10 TO A FIRST PUBLIC HEARING ON JANUARY 23, 2007. The motion CARRIED.
PCC: FRANK YERKES, ATTORNEY ROGER BURLINGAME
Mr. Burlingame explained that he represents Joe Mancini, Devost Yacht Club, and is here to find out if they are doing all that they need to do. He explained that this is a 5 unit Condo at present. There are limited common areas for Unit 3 and they would like to convert a storage shed to unit 6 (as a commercial unit) and place the limited common area of the boat storage to Unit 6. There would be no physical change; just a change of ownership.
Ms. Seeler asked what unit 3 is doing with this now. Mr. Burlingame stated that it is used for boat storage. There is no plumbing in the shed.
Mr. Paradis read the definition of subdivision and felt that it sounds like they will need to come in for subdivision as a change to the condominium. The Board could probably waive a lot due to the lack of changes. We could ask the NH Local Government Center or the Town Attorney to be certain. Mr. Paradis felt that it would be a simple subdivision where there are no changes beyond change of ownership. Mr. Mancini stated that there are no current plans to change the structure. Ms. Seeler mentioned that they would need to change the Condo Docs. The attorney assured the Board that a copy of the new docs. would be submitted.
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MINUTES OF DEC. 12, 2007: The following changes were made:
Page 2, 1st paragraph, 4th line, replace “we” with “the applicant” and 6th line, replace “issued” with “issues”. 3rd paragraph, 5th line, replace “Mr. Paradis feels that water courses is more for the lack” with “Mr. Paradis feels the requirement to show water courses is in lieu”.
Page 3, 2nd paragraph, 2nd line, replace “Carpenter” with “Hallberg”.
Page 4, 1st paragraph, 3rd & 4th lines, replace “would” with “were” and replace “help with drainage from tires” to “reduce mud from truck tires on Route 3A.” 2nd paragraph, 1st line, delete the first “driveway” and replace “of” with “for”. 7th line, replace “they are” with “there are”. 10th line, add “land” after “wet”. 4th paragraph, 5th line, after “study” add “and the Board concurred.” Last paragraph, 3rd line, delete “water and” and change “come” to “comes”.
Page 5, last line, change “roles” to “rolls”.
Page 6, 1st paragraph, 7th line, change “delete Pemi-Overlay” to “replace Pemi-Overlay”. Under DOWNTOWN, 2nd line, following “alternative” insert “wheels” and replace “gone” with “being phased out.” Under SELECTMEN, 4th line, insert “planning” after “Police Station”.
Page 7, OLD/NEW BUSINESS, 2nd line, replace “as it is not just in the Wetlands Overlay” with “to indicate the 50’ building setback applies only to the Overlay District and not to wetlands smaller than 1 acre.” and in line 4, change “Mr. Paradis feels we need to become parallel with the State on setbacks (ours is 150’).” to read “Mr. Johnston also feels we should consider basing the septic setback on soil conditions (now 150’).”
J. McGwin made a motion, second by M. Campbell, to accept the minutes as amended. The motion carried.
EXCAVATIONS:
C. Dingman made a MOTION, second by J. McGwin, to BRING THE EXCAVATIONS REGULATIONS TO PUBLIC HEARING ON JANUARY 23, 2007. The motion CARRIED.
COMMUNICATIONS:
A “Land Use Clerks Works” seminar was read. It was felt that it would be more for the secretary. The Board did not think that they could afford it.
REPORTS:
DOWNTOWN: Mr. Favorite reported that the trees are up and are to be decorated. Two people from the public have volunteered to do two of them.
HDC: Mr. Dingman stated that their meeting has been postponed to Jan. 16th due to the primaries. They have 3 hearings: The town bulletin board, the Diner, and Natural Foods.
SELECTMEN: Mr. Favorite stated that they are busy with the budget and have discussed the building inspector reasons.
CIP: Mr. Campbell said that the 2008 schedule is out.
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REPORTS continued:
SURVEY: The survey is done and Mr. Paradis questioned the missing “other” information. Mr. Dingman will look into this.
With no other information, E. Seeler made a motion, second by C. Dingman, to adjourn at 9:23 p.m.
Respectfully submitted,
Jan Laferriere, secretary