PLANNING BOARD MINUTES

March 28, 2007

The meeting opened at 7:00 pm. Mr. Duquette sat in for Mr. Dingman. Mr. McGwin sat in for Ms. Seeler until she arrived (before the election started).

ELECTION OF OFFICERS:

CHAIRMAN: E. Seeler made a motion, second by D. DeStefano, to re-elect Dan Paradis as Chairman.

The motion carried with one abstention.

VICE-CHAIRMAN: S. Favorite made a motion, second by D. Milbrand, to re-elect Elizabeth Seeler as Vice-Chairman. The motion carried.

SITE PLAN: SONDRA J. KEENE

Mr. Paradis read a FAX received from Ms. Keene and a letter from Granite State Surveying, both of which were asking that this case be continued.

D. DeStefano made a MOTION, second by J. DellaCroce, to CONTINUE THE SITE PLAN HEARING FOR SONDRA J. KEENE TO APRIL 11, 2007. The motion CARRIED.

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SUBDIVISION: CENTURY PLACE (C-21)/COUNTRY LAKES REALTY/SHARON FRAZIER

The secretary read the application, abutters notified, where the hearing was advertised and she stated that there were no calls nor written statements received. Mr. Paradis went over the procedures for hearings, at this time.

Mike Willingham, Ken Ivester and Colin Brown represented the applicants. Mr. Ivester stated that, 20 years ago, the gym building was built and there were to be two more buildings added in a Condominium form of ownership. Now the two current owners want to subdivide the property into two lots instead of remaining as a Condominium.

The Board then addressed the checklist: It was determined that waivers were needed for #12, #14, #15 and #24.

D. DeStefano made a MOTION, second by S. Favorite, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.

Mr. Duquette asked if they need a letter for disbanding the Condominium. Mr. Willingham explained that their lawyer is to file papers with the County and will give the Planning Board a Copy.

Ms. DellaCroce asked the relevancy of the note on the right-of-way (r-o-w) and if it will infringe on the setback line. Mr. Brown stated that it will not infringe on the setback. Ms. DellaCroce asked about the note on the r-o-w line. Mr. Brown stated that it is to define the two boundaries in question. Mr. Paradis was still confused. Mr. Brown agreed that it is confusing. Mr. Willingham explained that the piece between the two boundary lines technically belongs to C-21. They are dealing with PSNH now, asking that it be returned to them. Shaun Plankey’s father originally owned a portion and he has agreed to return it to C-21. The Board determined that it did not matter as nothing is changing except for the lot line between the two proposed lots.

E. Seeler made a MOTION, second by R. Duquette, to WAIVE #12 SIZE & LOCATION OF WATER MAIN AND OF STORM & SANITARY SEWER, #14 2’ ELEVATIONS (5’ WERE USED), #15 WOODED AREAS AND #24 DRAINAGE PLAN. The motion CARRIED.

Mr. Paradis asked for public comment and none were received.

D. Milbrand made a MOTION, second by D. DeStefano, to ACCEPT THE SUBDIVISION OF C-21. The motion CARRIED and the Board signed the necessary paperwork.

BOUNDARY LINE ADJUSTMENT: ED SCHMIDT/ALAN BARNARD

No-one was present.

MINOR SITE PLAN REVIEW: ALAN & DENICE DESTEFANO

Ms. DeStefano stepped down and Mr. Babcock sat in her place. The secretary read the application, the list of abutters notified, where the hearing was advertised and stated that there were no telephone calls nor written statements received.

Mr. DeStefano stated that, last fall, they converted the building from a 3 apartment to a 4 apartment building. Now they wish to convert one of the apartments to house his Real Estate office. He intends on having 8 parking spaces on the driveway side and 4 on the office side.

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MINOR SITE PLAN/DESTEFANO continued:

Mr. Paradis asked if the Board determined this to be a minor site plan. Mr. DeStefano felt that it is as they are making no changes to the site. Mr. Paradis stated that the parking requirements have changed. He added that the building to the north of them is a residence which will require a buffer strip. The Board must determine that the parking does not interfere with the buffer strip. Mr. DeStefano said that the parking spaces are already there. The commercial side is facing the Franklin Savings Bank. Mr. Babcock said that this is true except for the employee parking. Ms. DellaCroce asked the distance to the bank boundary. Mr. DeStefano stated that there is 11’. Mr. Paradis pointed out that the parking spaces shown on each side are on a different scale or size. The concern is the distance to the boundary on the side of his building opposite to the bank side. Mr. DeStefano stated that these spaces were accepted before. Mr. Babcock explained that the buffer is now a concern as both buildings had been residential at that time. Mr. Paradis asked the distance beyond the parking spaces (to the boundary). Mr. DeStefano estimated that it is probably 20’.

S. Favorite made a MOTION, second by R. Duquette, to ACCEPT THIS CASE AS A MINOR SITE PLAN REVIEW. The motion CARRIED.

The checklist was then addressed. A discussion continued about the parking. Mr. Paradis mentioned that we usually see the plan done on a copy of the tax map in order to have the measurements. Mr. DeStefano said that the tax map is enclosed and it was explained that Angela Mahoney, assessor’s office, could enlarge it for him so as to show it clearer. Ms. Seeler stated that she would still like to see the measurement behind the cars in order to be sure that they are not in the buffer strip. Discussion continued. Ms. DellaCroce asked the distance from the 3 parking spaces in the rear to the property line behind this lot. Mr. DeStefano stated that it is about 38’. Ms. DellaCroce asked if he proposed any lighting and Mr. DeStefano answered that he is not to planning on adding any; that some of the tenants have a couple already. Ms. Seeler felt that it would be easy for Mr. DeStefano to pencil in the setbacks. Mr. DeStefano stated that they are to be away for most of April. The Board determined that is would be okay for Mr. DeStefano to make the changes to the plan.

E. Seeler made a MOTION, second by T. Babcock, to ACCEPT THE APPLICATION AS COMPLETE UPON RECEIPT OF A SINGLE PLAN WITH EVERYTHING ON IT. The motion CARRIED.

At this time, Mr. DeStefano explained how he did the parking calculations for 11 spaces and shows that he has 12.

There were no comments from the public.

Ms. DellaCroce asked about down-lighting and time lights would be on. Mr. DeStefano stated that he realized that this is a concern of the town and plans on turning the lights off at 10:00 p.m. He added that his sign will be in line with the Zoning Ordinance. Mr. Paradis stated that he would be willing to waive the size of the parking spaces rather than the buffer strip space.

R. Duquette made a MOTION, second by E. Seeler, to CONDITIONALLY APPROVE THE MINOR SITE PLAN OF ALAN & DENICE DESTEFANO WITH THE CONDITION OF HAVING A PLAN WHICH INCLUDES SETBACKS, PARKING SPACES AND WILL MAINTAIN THE BUFFER STRIP. The motion CARRIED.

A compliance hearing shall be held May 9, 2007 as the DeStefano’s will be away in April. The tape was paused while the Board signed the conditional decision.

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CONTINUED SITE PLAN – PEGASUS REALTY TRUST/LARRY SPELLMAN/KEN GRADY:

Ms. DeStefano stepped back to the table and Mr. Babcock retired to the audience.

Mr. Paradis read the DOT e-mail which states that they have not complied with Phase I for drainage and the driveways. He also spoke of the FAX received from Todd Fahey and asked the secretary to make copies for the Board later as it is long.

Catherine Broderick and Larry Spellman were present for this case. Ms. Broderick distributed amended plans and explained that the changes are about the drainage, utilities and profile of the drive. They have an agreement with the Condo Association.

Mr. Paradis read over the items that the Planning Board had previously requested. These consisted of the r-o-w width and location, culverts on West Shore Rd., electric easement, profile of the driveway, the wooded area, setbacks, a note addressing drainage for all abutters (in note 1) and the road plan. All were found.

Mr. Spellman addressed the DOT FAX by stating that, during Phase I, the State stopped by and said that they needed an easement for the r-o-w. They were looking at the impact of so many units.

Andy O’Hara, abutter, stated that he was asking the State about grades and drainage and they became concerned about Phase II. At this time, a letter from 5 abutters was read stating their concern of a lack of an engineering study and a plan for drainage.

Ms. DellaCroce mentioned that they show a tree line and not the entire wooded area. Mr. Paradis felt that they should at least show the area around the proposed houses. Mr. Milbrand pointed out that this is in note 3.

Diane Rutledge, abutter, stated that they mentioned tree cutting and drainage with Phase I abutters.

Dot O’Hara, abutter, asked if, when they proposed Phase I, it was for a 3-season complex and doesn’t this plan change that. Mr. Paradis stated that Phase I is still seasonal. A discussion followed as to the State requests. Mr. Spellman felt that there will be less run-off than for what was previously planned. Mr. Paradis stated that we need something to base the present drainage on in order to be certain that there is no increase of run-off to the abutters. Mr. O’Hara stated that, in talking with the State, every 30" tree removed creates 1500 gallons of drain. He suspects that the new property owners will want to clear more for the view. A study can be done but it will cost. Ms. Broderick stated that there will be 20 acres that will remain wooded. Only the home sites will be cleared.

John Nesteruk, abutter, mentioned the culverts on West Shore Road that wash out every year now. He then asked if the proposed entry is a road or a driveway. Mr. Spellman said it is a driveway and the Board explained that it must be a road in order to maintain frontage. Mr. Paradis further explained that the section of the Ordinance that addresses a driveway serving two properties is irrevalen as the Board has been advised by the Town Attorney that this holds no legal standing. Mr. Skantze previously sent a letter stating that he is okay with this. Mr. Nesteruk asked why they do not have to bring the road up to town standards as it might be subdivided further down the road. Ms. Broderick stated that they are to record that the two new lots cannot be subdivided. Mr. Paradis added that they would have to come back to the Planning Board for any increase anyway. Mr. Nesteruk questioned who will see that this is done. He was told that the Land Use person would be the one to oversee it.

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PEGASUS/SPELLMAN/GRADY SUBDIVISION continued:

Mr. Spellman stated that two houses will have less impact than their former plan for more condos. This is a simpler solution.

Mr. Favorite read minutes from Phase I in regard to the r-o-w’s being 8’ wide. Ms. Broderick stated that the west side is restricted by the Condo Association.

Ms. DellaCroce and Ms. Seeler felt that this case should be continued pending the State requirements as it might change this plan. The other members agreed. Mr. Paradis stated that he can see both sides: the concerns by the abutters and the fact that this is a lesser plan than what was previously proposed. Mr. Spellman stated that, if the State requires more, they may need to go to the original plan of multiple units.

D. DeStefano made a MOTION, second by E. Seeler, to CONTINUE THE SUBDIVISION FOR PEGASUS/SPELLMAN/GRADY TO MAY 9, 2007.

The tape was stopped and a break taken while the secretary went to make a copy of the State FAX for Mr. Spellman.

CONTINUED SUBDIVISION: FRED & PATRICIA WELCH/LES MILLS

Mr. Mills stated that the property in question is tax map and lot numbers #206-003 and -004. Hemlock Brook Road is maintained by the town to the four corners. There are to be 6 lots on Hemlock Brook Road along with 40 acres remaining (each lot to be 1.25 to 1.4 acres) and 3 on Old Stage Road. They have proposed to upgrade Old Stage Road to town standards up to a hammerthead by the old house (shown to be razed).

Mr. Mills pointed out that all drainage drains into itself. On lot 003, he pointed out the three areas where the road drainage will be directed between lots, with easements created. These will drain into a wetlands. On lot 004, it drains to the wetlands behind the new lots. Mr. Mills further explained that he met with Mark Bucklin, Highway Superintendent, about driveways and culverts. They have the State Subdivision approval.

Mr. Paradis asked about the snowmobile trail. Mr. Mills showed where they go on Old Stage Road now. Mr. Paradis asked if they will still be able to go there once Old Stage has been upgraded. Mr. Mills stated that State law allows them to travel up to 500’ at the side of a road. Mr. Paradis asked if there would be a trail made for this. Mr. Mills said that, if the town permits it, they can. Ms. DellaCroce asked the distance of the improved section and Mr. Mills answered that it is 550’. He added that there is not enough land between the road and the stone walls to put a full trail in. The

r-o-w now is 50’ to 30’ and they do want to keep the stone walls.

Mr. Paradis was not concerned with the drainage but he would like to hear from Chief Skantz and Mr. Bucklin as to emergencies. Mr. Mills stated that the portion of road that they would need to run would be the best part. He added that he attended the Bridgewater public hearing addressing Bridgewater’s portion of Hemlock Brook Rd. last week.

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WELCH SUBDIVISION continued:

Chief Skantze stated that his main concern is that at certain times of the year they do not want to go up that road. He stated that he has spoken with Jeff Chartier, Water/Sewer Superintendent, and they will have to haul water in for a fire. The Chief is recommending that there be a requirement of 13D sprinklers, a cistern or a retention pond with a dry hydrant.

Mr. Mills stated that if they improve Hemlock Brook Rd., it will create more traffic. His client is to sell the lots only. Mr. Duquette asked the cost of the 13D sprinklers and Chief Skantze stated that they are 75 cents to $1.00 a square foot. This is the cheapest of the three options. They would be private sprinklers attached to the wells. The system is closed and pressurized. Mr. Paradis asked if they are activated by smoke or heat and was told heat.

Ben Drew, abutter, stated that his concern is Hemlock Brook Road. Mr. Bucklin stated that he has no plans for any upgrade; the road now requires constant maintenance. For calculation purposes, they use a rough figure of 2 cars per house, up and down twice a day. He feels that the project would create the need for calcium-chloride yearly or asphalt. He does not have much faith in the calcium-chloride. He would not pave the road without addressing drainage.

Mr. Paradis asked Mr. Bucklin if the Board should waive on the size of the culverts. Mr. Bucklin explained that 12" is allowed on smooth pipe but metal, corrugated should be 15". Mr. Mills stated that there will be just 2 culverts and the rest are to be swales. Mr. Duquette asked if it is a problem from 3A to this project and Mr. Bucklin stated that there are two problem areas: by Brange Road and at the entrance from 3A. Mr. Duquette asked, engineering wise, how to correct these. Mr. Mills felt that correction would cause more problems. Mr. Bucklin’s concern is that they do not add more drainage to the roads. The hammerhead is preferable to a cul de sac. The new improved section will not be maintained unless it is accepted by the town.

Mr. Mills stated that this is not for low-income housing but mostly for second residences or retirement. Mr. Favorite stated that, at Killington, if the people have kids, they have to bring them to the bottom of the hill themselves. Mr. Mills stated that, originally, Old Stage road was the main road to go to Bridgewater and came from Hall Road.

A discussion of the wetlands and how the drains flow was held. Ms. DellaCroce asked who will maintain the swales. Mr. Mills stated that this will be up to the land owners; there will be a drainage easement 20’ wide.

Mr. Drew stated that when there is an ice storm, no-one is going up or down. Everyone there now bring their kids down.

Mr. Welch felt that the best process is the sprinkler system. Mr. Mills stated that he will provide the waiver request for this.

There were no further public remarks.

Mr. Paradis went over the waivers requested. Mr. Mills explained that each of these is to address the cross-section of Old Stage Road. He went over these and the reasons for them, stating that they are little technical things to clear them. As to Old Stage Road, where it is improved, the grade will go from 5.6% down to 3% and there will be no cuts. Mr. Bucklin stated that it will only be a maintenance issue for him.

Ms. DellaCroce asked how we can be sure that the buyers of the lot are aware of the drawbacks of the road. Everyone felt that they should know when they look at it.

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WELCH SUBDIVISION continued:

Mr. Favorite stated that there are lots of private developments that are now coming to the Selectmen wanting their roads approved. Ms. DellaCroce asked what the impact is of trucks on the road. Mr. Bucklin stated that logging trucks go up but he shuts them off at this time of year. The exception is fuel trucks. Mr. Babcock asked why the hammerhead is a better choice and Mr. Bucklin stated that it is easier for plowing.

D. DeStefano made a MOTION, second by S. Favorite, to WAIVE THE 4 ITEMS REQUESTED: SECTION V, 5.10,G,7a,H & I, SECTION V,5.10,F, SECTION V,5.10,E and SECTION V,5.10,B. The motion CARRIED.

Mr. Paradis talked of not selling the lots until the road is done. Mr. Mills suggested that they include a note saying that no building is to be done until the road is complete; he will add the note to the plan.

D. DeStefano made a MOTION, second by R. Duquette, to CONDITIONALLY APPROVE THE WELCH SUBDIVISION SUBJECT TO THE RECEIPT OF THE WAIVER REQUEST, NOTE ON PLAN AND THE INSTALLATION OF 13D RESIDENTIAL FIRE PROTECTION FOR ALL RESIDENCES. The motion CARRIED and the conditional approval paper was signed. The compliance hearing was set for April 11, 2007.

MINUTES OF FEBRUARY 28, 2007: The following amendments were made:

Page 2, 1^st paragraph, 2^nd line, insert "length" in front of "approximately). Add to the last sentence "even though the subdivision road originates from a private road."

Page 3, last paragraph under Pegasus subdivision, 1^st line, replace "Todd Fahey, Attorney to Phase I," with "Attorney Todd Fahey". 1^st paragraph under Waivers, 4^th line, replace "this would create more" with "the proposed road would add".

Page 4, last paragraph, 3^rd line, replace "honorous" with "onorous". 6^th line, replace "15’" with "15%".

Page 5, 3^rd paragraph, 3^rd line, replace "STIPULATION" with "AGREEMENT REGARDING DRAINAGE AS CONTAINED IN THE ACCOMODATION AGREEMENT WITH NEWFOUND SANDS CONDO ASSOCIATION".

Page 6, under Gene Brune PCC, 1^st paragraph 4^th line, correct "McCormick" to "McCormack" in two places. 6^th line, after "attorney’s letter" insert "which he provided to the Board". Next paragraph, 2^nd line, after "heard of them" insert "in this area". Under Welch subdivision, 3^rd paragraph, line 1, after "every piece" insert "except one". 2^nd line, after "the hill" insert "problem" and in the same sentence, delete "it" and replace with "the road". 6^th line, delete "there is a risk" and replace with "he has assumed the risk", replace "Board" with "plan" and replace "look on the project favorably." and replace with "meet Planning Board standards."

MOTION was made and seconded to ACCEPT THE MINUTES AS AMENDED. The motion CARRIED.

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CORRESPONDENCE: Several ads along with workshops that had gone by were to be round-filed, the SELLS Solutions ad for grant writing is to be held awhile. The LGC LOCAL OFFICIALS WORKSHOPS are to be posted on the bulletin board in the office, along with the Comprehensive Planning Course and the LRPC Hand-on GIS Demonstration and Workshop. The GeoInsight notice on mandatory licensing of Auto Salvage Yards for Municipalities is to be held along with the March Town & City magazine. The Lincoln Institute Comprehensive Planning Course will be held awhile.

A discussion was held in which it was thought that any member who is interested in going to any of the courses/workshops through-out the year, should say so, so that we can get a better hold of needed training costs for the Board.

UNFINISHED BUSINESS:

DOWNTOWN: Mr. Favorite stated that they met have applications for the Art Show. They have also received a couple of donations for additional barrels.

HDC: No report.

SELECTMEN: Mr. Favorite stated that the Central St. Bridge belongs to the Federal Government but we must replace it. As to the Smith River bridge, the new one is to be a 2-lane, downstream from the present one. On the Hill side, there is granite but is a mix on the Bristol side. It appears that both bridges will be built at the same time.

Mr. Favorite attended the LRPC seminar on the solar situation, energy loss and global warming. He learned that we can get more grants for an energy conservation building. Four wood chip plants have been eliminated but one has been allowed in. Mr. Favorite told of one school that is trying heating with wood chips.

As to town meeting, they are not happy. They are disappointed in the lack of knowledge of the voters and how the meeting was run as well as the sound. They are planning on using the auditorium next time.

Mr. Favorite would like to ask the Planning Board about various issues they have. The Selectmen are thinking of getting together with the ZBA and Planning Boards on addressing issues. He also suggested that we hold a workshop on revising forms.

CIP: The way this was voted, Mr. Favorite believes that the Selectmen will recommend but Planning will determine. Mr. Paradis asked the Board to think about who they wish to nominate (1 member and 1 from the public sector).

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NEW BUSINESS:

Mr. Paradis distributed a list of priorities to work on. He felt that #1 Revise Site Plan/Subdivision Regulations should be a top priority. Mr. Paradis also distributed suggestions for these changes that need to be made. Mr. Favorite stated that he feels that #9 Revision of forms should be next. The Board was asked to think about these for the April workshop meeting.

The secretary mentioned that Mr. Bucklin informed her of a proposed subdivision on route 3A South for which the State has been approved driveways.

With no other business, D. DeStefano made a motion, second by S. Favorite, to adjourn at 11:13 p.m.

Respectfully submitted,

Jan Laferriere, secretary