PLANNING BOARD MINUTES
April 11, 2007
APPROVED AS AMENDED & CLARIFIED
4/25/07 jrl__
AGENDA: PSNH PUBLIC HEARING TO CUT ON SCENIC ROADS
SITE PLAN REVIEW: DEBBY MANCUSO, 34 Central Sq., #114-094
BOUNDARY LINE ADJUSTMENT: TONY RANDALL FOR WITHAM,
DENTON & MAGUIRE, River Road, #220-004 & -005
SITE PLAN REVIEW: SONDRA J. KEENE, 94 Mandi Lane, #205-011
COMPLIANCE HEARING: FREDERICK W. & PATRICIA R. WELCH,
Hemlock Brook Rd., #206-003 & -004
ATTENDING: Dan Paradis (Chairman), Steve Favorite (Sel. Rep.), Janice DellaCroce, Clay Dingman, Don Milbrand.
Alternates: Bob Duquette, Don Martin, Jerry McGwin
ABSENT: Elizabeth Seeler (excused - working), Denice DeStefano (away), Tom Babcock (Alternate, excused-late getting home)
OTHER: Elizabeth Corrow (Town Manager), Matt Nebesnik (Land Use Officer, various
members of the public
The meeting opened at 7:00 pm. Mr. Duquette and Mr. McGwin sat in for Ms. Seeler and Ms. DeStefano.
INTRODUCTION OF THE LAND USE OFFICER:
Ms. Corrow introduced Mr. Nebesnik, the new Land Use Officer. She explained that he is replacing the Health Officer and Code Enforcement Officer and will be enforcing the Zoning Ordinance. She distributed copies of the Land Use Officer’s job description for the Board’s information. The reason for this new position is due to the fact that Bristol was lacking follow-through. Mr. Nebesnik shall be looking at the Zoning Ordinance and will make recommendations for needed changes to the Planning Board. He has experience in taking cases to court. We want people to know that we want compliance, she added. Mr. Nebesnik shall be reviewing the building permits, will be out and about in the grey town car. A camera has been purchased for him.
Ms. Corrow wanted to be sure that everyone understands that Mr. Nebesnik is not a planner or a building inspector. Mr. Paradis asked if he shall be going over hearing applications. Mr. Nebesnik stated that he is working Monday through Friday and will sit down with the applicant and go over everything. Mr. Paradis felt that this will be a huge help. Ms. Corrow stated that the Historic District Commission will also be under the same process. We shall need a good year to get things in order before changes will be made. For now, Mr. Nebesnik will go back over the past year and look for things that may need to be checked on.
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LAND USE OFFICER continued:
At this time, the Board welcomed Mr. Nebesnik, expressing feelings of gratitude. Ms. Corrow continued to say that he will be looking to revise the building permits. Ms. DellaCroce asked if Mr. Nebesnik will have everything needed by an applicant for their hearing. Mr. Nebesnik answered that he will stick to the guidelines but can recommend things to the applicant if they are not ready. Thanks were expressed.
PSNH HEARING ON CUTTING ON SCENIC ROADS: DAVE CRANE
Mr. Crane explained that they do their regular maintenance on a 5-year cycle. They are now working on Route 104S and west of Route 3A. It has only been 4 years since they were here last but felt that it is needed due to these storms. They remove anything 4” in diameter or less, dead and diseased trees. Mr. Crane does not feel that this will be a big impact. They are still using Asplundt to do the work. They speak to the owners first to be sure of any issues they may have. At this time, they still have two customers to contact.
Mr. Favorite asked if they leave large trees on the side. Mr. Crane answered that they take everything that is chipable or stack the wood for the owners. No comments came from the public.
C. Dingman made a MOTION, second by S. Favorite, to APPROVE THE CUTTING AND TRIMMING OF TREES AND BRUSH ON SCENIC ROADS: NEW CHESTER MOUNTAIN ROAD, PEAKED HILL ROAD, AND SMITH RIVER ROAD. The motion CARRIED.
At this time, Mr. Paradis read the procedure of hearings.
SITE PLAN REVIEW: DEBBY MANCUSO
The secretary read the application, referral, list of abutters notified and where the hearing was advertised. She stated that there were neither telephone calls nor any written responses that were received.
Ms. Mancuso asked if she might pass along her camera to show what she was doing inside. Mr. Paradis told her that she could if she liked but that the Planning Board’s main interest is to the site where no structural changes were being made.
Ms. Mancuso stated that she has done a bunch of repairs: she has insulated and sheet rocked the walls, replaced and repaired the flooring, painted everything and installed a bathroom. She continued to say that, in November, she talked about a certain amount of seating and the Board approved 20 to 50 seats. She does not feel that Site Plan is justifiable now.
Ms. Mancuso had applied for a full Site Plan but had submitted plans for a Minor Site Plan. Mr. Paradis explained that a full Site Plan would be needed for the outside seating plans but she could have a Minor Site Plan if she just did the inside. He added that a full Site Plan requires plans by a surveyor or engineer. If this is to be a Minor Site Plan, we can continue but if it is to be a full Site Plan, we shall have to stop right now. He then read the requirement for a Minor Site Plan from the Site Plan/Subdivision Regulations (Section VIII, 8.3B).
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SITE PLAN, MANCUSO continued:
Ms. Mancuso stated that there is to be no expansion of the building. That the tables would only be outside during the day. She wants a couple of tables, having 2 seats each, that would be outside in front of the window. They would be stantioned off. On the porch, she would have 3 tables with 2 or 3 seats.
Mr. McGwin stated that it would enhance the site. Mr. Paradis stated that, in Site Plan, the Board can waive items. Ms. DellaCroce asked if the two tables would be on the veranda or the sidewalk. Ms. Mancuso answered that there would be three on the porch and two in front with an overhang on the window. She would add flower boxes and a sign for beer and wine. Mr. Duquette asked what the liquor commission requirement is. Ms. Mancuso stated that they would allow it if she had a waitress out there. Ms. DellaCroce asked if this isn’t a sidewalk. Ms. Mancuso stated that it is definitely her land; though she does not own it yet. The property goes to the middle of the road. The tables would be used only during dining hours and would attract people to the downtown.
Mr. Paradis agreed with the need of attracting people to the downtown but explained that the Board must enforce what is in the regulations. Mr. Dingman asked if a sidewalk is allowed to be used. N.H. law stated that all properties go to the middle of the road but the State has easement rights. Some sidewalks are private.
Ms. DellaCroce asked about the green mailbox there and if it would not impede the postman. Ms. Mancuso stated that she intends on leaving space if needed but has asked the post office to move it. Mr. Paradis felt that there are legal issues involved here and we would need to seek town counsel’s advice.
Ms. Mancuso stated that, up to the 1860’s it is written in the deeds. The property used to be a farm of 160 acres. There were cement bounds back to the 1940’s. A discussion as to a right-of-way and what she owns ensued.
Mr. Dingman asked if the Board needs to check with town counsel. Mr. Paradis agreed with this. Ms. Mancuso said that her main concern is the inside and was told that the inside is not the problem.
Don Martin stated that he has a copy of the Master Plan and found that sidewalk tables are shown in an illustration on page 3-33. Mr. Paradis felt that it is a concern of liability. Mr. Martin said that it is a sidewalk going nowhere. Ms. Mancuso read Section VIII, 8.5D that says “Sidewalks shall be provided for pedestrian traffic between the main entrances of business, housing, or industrial establishments and parking areas and streets.” This is in the Site Plan/Subdivision regulations. Mr. Paradis stated that this is where it needs to be placed on a site plan. He stated that the inside is not the main problem but the outside seating is the difficult part. Ms. Mancuso stated that she is willing to separate the two and felt that the inside portion only needs a minor site plan. The Board agreed.
The Board then addressed the minor site plan checklist. Mr. Paradis stated that, in dealing with the parking, we need to know what is grandfathered and what is needed with this change. Ms. Mancuso stated that she is grandfathered for 12 spaces for the take-out and for 30 seats. She stated that, in the November 8, 2006 minutes, she was approved for 40 seats. She has permission for 45 seats. The purpose of this expansion is so that people can have a quiet place to eat.
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MANCUSO SITE PLAN continued:
Mr. Paradis explained that Ms. Mancuso was the one who said that she was approved for 40 seats (not the Board). He added that the use of fewer parking needs, as Ms. Mancuso has implied, does not change the fact that the Board has to look at what is required for parking. We have to regulate according to the Zoning Ordinance. The parking here depends on the number of seats and the take-out.
She would be fine if she were not expanding from what was grandfathered. It was then calculated that she had 10 parking spaces for the 30 seats she feels is grandfathered as well as the 12 for the take-out
(it was later noticed that she would have had 2 more for the storage area). She would need 29 spaces which will require a Variance. Ms. Mancuso started to object and Ms. DellaCroce stated that we can only enforce what is in the Ordinance and that she needs to go for a Variance. Unfortunately, the Code Enforcement Officer only sent her for Site Plan. A discussion of parking and the Downtown area followed. Mr. Paradis read page 19 of the Zoning Ordinance that deals with parking requirements. Ms. Mancuso felt that we are driving businesses out as we make it too difficult. Mr. Paradis stated that we regret that she was given the wrong information in the beginning.
The Board then continued with the checklist. Ms. Mancuso stated that the additional room is 350 sq. ft. of space. More discussion followed. Mr. Martin asked why she does not have 29 parking spaces already with the availability of the Square. Mr. Paradis explained that it must be off-street parking. Mr. Milbrand said that there is a specific formula. Mr. Paradis agreed, saying that changing the storage area to a dining room creates the increase. Ms. Mancuso asked how many she would need and the calculation was for 7 (later determined to be 5).
D. Milbrand made a MOTION, second by C. Dingman, to CONTINUE THE SITE PLAN FOR DEBBY MANCUSO TO MAY 9, 2007. The motion CARRIED.
Ms. Mancuso was given a Variance application form and told that the secretary would get her into the May 1, 2007 Zoning Board meeting if she brought everything in by this Friday (4/13/07). Mr. Paradis suggested that she add the outside seating on her Variance also so that she would not have to go back to them.
BOUNDARY LINE ADJUSTMENT: ANTHONY RANDALL FOR WITHAM, DENTON & MAGUIRE:
A letter of authorization for Mr. Randall to represent the parties was presented. Mr. Randall pointed out the area to be conveyed, explaining that it has been used in this manner in the past. There is an adjustment of .25 acres from the Witham property making the Denton/Maguire property a total of 5.35 acres.
D. Milbrand made a MOTION, second by J. DellaCroce, to APPROVE THE BOUNDARY LINE ADJUSTMENT PLAN OF WITHAM, DENTON & MAGUIRE AS PRESENTED. The motion CARRIED.
The Board signed the paperwork and Mr. Randall submitted check #6779 for $28.00 to pay for the recording.
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SITE PLAN REVIEW: SONDRA J. KEENE/LES MILLS
As two of the members are in the same line of business, Mr. Paradis read the section on conflict of interest. The applicant had no concern with this but the two members felt that they would rather recuse themselves and be part of the audience. Mr. Dingman and Mr. Milbrand then stepped down.
Mr. Martin, alternate, stepped in after it was determined that the fact that he had been Ms. Keene’s real estate broker in the past would not be a problem (per the applicant and the Board). No other alternate
was present.
Mr. Mills stated that Ms. Keene wishes to convert a 4-bedroom residence into a Bed & Breakfast. He explained that she owns lots 12 and 13 also. The property is located off Brange Road, which is a private way, and Hemlock Brook Road. Mr. Mills went on to say that she has received a Conditional Approval for a Special Exception. As to the condition for the agreement between the applicant and the owner of the property where the right-of-way is located, Mr. Mills stated that there is a history of this as a private right-of-way: in 1979, Robert Morgan was approved for a 3-lot subdivision off this right-of-way. Two other plans have come before the Planning Board: one in March 1985, a subdivision for Mike Capsalis (this is when the cul de sac appears) and then in Sept. 1985, George Long created a 3-lot subdivision. The r-o-w is not maintained by the town. When lot 1 was sold to Norma Barney, the 50’ r-o-w was in her deed. It has been maintained by Mr. Duvarney and Ms. Keene.
Mr. Mills presented a photo of the view and stated that Ms. Keene will live there and only use 3 bedrooms for the Bed & Breakfast. If she needs to expand, she will move to the lot next door.
Ms. Keene has 5 adult children. The r-o-w had more use when they were still at home than what will be there now. He then pointed out the parking spaces (6 besides the 3 in the garage). The drive and spaces all have existing gravel. The house has exterior lighting all around it and the barn has exterior lighting and a lamp to the side. On the downhill side of the property, the land is cleared and terraced. They have the State approval for the septic system. Mr. Paradis asked if they have to put the new plan in place now and the secretary stated that, at the Special Exception hearing, it was said that they did not have to unless the present system breaks down.
Mr. Mills stated that Ms. Barney does not want to sign anything or to get an attorney. In light of this, Ms. Keene proposes to draw up a deeded covenant stating that she and Mr. Duvarney would be responsible for the maintenance and liability of the r-o-w and would indemnify an Insurance policy to cover this. They would transfer the title to an LLC. Mr. Paradis felt that only the Zoning Board could accept the deeded covenant, etc. Mr. Mills agreed.
Mr. Mills stated that Rick Duvarney is to put in a residential sprinkler system as soon as they get approval. Mr. Paradis read the letter from Fire Chief, Norm Skantze, who is requesting this. Mr. Mills asked if everything is okay, could the Planning Board give conditional approval based on the ZBA approval. Mr. Paradis felt that they probably could.
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KEENE SITE PLAN continued:
Mr. Mills stated that the deeded covenant would be drawn up by an attorney and he could try to get Ms. Barney to sign it. Mr. Favorite mentioned that there will be a change in traffic due to who is driving and who is familiar with the road. Mr. Duquette asked if the r-o-w is in the Keene/Duvarney deed. Mr. Mills answered that it is conveyed with the land. He added that they will submit a copy of the agreement to the Board. He felt that the land use might determine this but does not have it yet. He added that this is the intent and they will try to get Ms. Barney’s signature.
Mr. Paradis stated that the ZBA bylaws say that they should hold a Compliance Hearing when they set conditions.
Mr. Favorite stated that Ms. Barney has 25 years on her property. The r-o-w is a single lane. Ms. Barney’s issues were that she did not want a sign on her property, to be used as an information booth, and the traffic. Mr. Favorite noted that times are changing and people are coming in (he mentioned the new subdivision just approved on Hemlock Brook Road. Ms. Barney feels that she cannot fight city hall, he added.
Mr. Mills felt that there should be some directional signs. The intent is for one by the mailboxes, a small directional sign at Brange Rd. and on the cul-de-sac. Mr. Duquette asked if there is a sign on the cul-de-sac for Mandi Lane and was told that there is. Mr. Mills plans on speaking with Ms. Barney about the signs.
Mr. Dingman asked if the concern is the agreement. Mr. Paradis hasn’t heard but said that he thought that the agreement is partly our concern.
Ms. DellaCroce asked what the jut-out is on Mandi Lane. Mr. Mills explained that it is a turn-around. People could stop and park there, as well. Ms. DellaCroce asked about the dots on the plan and was told that these depict the soils. Mr. Duquette asked if you can see the house from the Mandi Lane sign and was told that you cannot. Ms. Keene added that, in the 9 years that she has lived here, no-one has ever knocked on Ms. Barney’s door to ask directions.
The first checklist was addressed at this time. Waivers were asked for #16 Wetlands delineation and #18 Detailed Landscaping plan.
D. Martin made a MOTION, second by D. Milbrand, to ACCEPT THE WAIVERS FOR WETLANDS DELINEATION AND FOR DETAILED LANDSCAPING. The motion CARRIED.
No public comments were received at this time.
Mr. Duquette felt that, when someone deeds a r-o-w, it does not have to be addressed. Mr. Mills stated that this was an issue and the way it was handled by the ZBA. He will bring the agreement to the ZBA.
As it was getting late, Mr. Paradis felt that we should continue the hearing to our next hearing meeting. R. Duquette made a MOTION, second by D. Martin, to CONTINUE THE SITE PLAN FOR SONDRA J. KEENE TO MAY 9, 2007. The motion CARRIED.
Mr. Martin stated that he feels that Mr. Mills’ presentation is a good solution. He then stepped down and Mr. Dingman and Mr. Milbrand returned to the table.
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COMPLIANCE HEARING FOR FREDERICK & PATRICIA WELCH/LES MILLS
Mr. Mills presented the written waiver request that was missing. He then explained that the two conditions are in Note #10 on the plan. These were read.
J. McGwin made a MOTION, second by D. Milbrand, to APPROVE THE SUBDIVISION FOR FREDERICK & PATRICIA WELCH AS ALL CONDITIONS HAVE BEEN MET. The motion CARRIED.
The plans were signed. Mr. Mills needs to get the Bridgewater signatures on the plan as well and he shall bring them back to the secretary and he paid the $24.00 needed to cover the recording of the second page. He shall return two sets as the Board agreed.
MINUTES OF MARCH 28, 2007:
The minutes were amended and clarified as:
Page 3, 4th paragraph, 2nd line, change “COMPLETE WITH” to “COMPLETE UPON RECEIPT OF”.
Page 4, next to last paragraph, 6th line, insert “removed” after “30” tree”. In the last paragraph, 4th & 5th lines, remove “not defined and” and replace with “irrelevant as” and delete “needs to be addressed as it”.
Page 6, 2nd paragraph, 3rd line, insert “options” after “three” and in the 4th line, delete “on” and replace with “activated by”.
Page 7, 4th paragraph, 2nd line, insert “REQUEST” after “WAIVER”.
Page 8, under SELECTMEN, 3rd paragraph, 1st line, replace “ignorance” with “lack of knowledge”. In the 4th paragraph, last line, replace “screening for” with “revising”.
C. Dingman made a MOTION, second by D. DeStefano, to ACCEPT THE MINUTES OF 3/28/07 AS AMENDED. The motion CARRIED.
CORRESPONDENCE:
The hard copy of Atty. Fahey’s letter is to be placed on file. The DES Dredge & Fill for Blueberry Shores at Newfound LLC was read and will be filed. The boundary survey for Barbara R. Patterson Rev. Trust on Hall Rd. was looked at and will go to the property file in the Assessor’s office. The secretary will hold the 2007 Publications, Lincoln Inst. Of Land Policy for awhile for anyone who wishes to read it. Mr. Paradis took the 2007 Annual Report, Development Activity in the Lakes Region. The Lincoln Inst. Program on Making Room for a Planet of Cities had already passed (though we received it today). Mr. Dingman took the latest copy of Town & City to read.
REPORTS:
DOWNTOWN – Mr. Favorite stated that they have not held a meeting yet.
HISTORIC DISTRICT – Mr. Dingman reported that Jaws and Claws have received their sign approval. Mr. Favorite asked the status of Joe’s sign. Mr. Dingman feels that this is a matter for the Land Use Officer as he should have his permanent sign by now.
SELECTMEN – No meeting.
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CAPITAL IMPROVEMENTS PROGRAM – It was felt that this committee should set up a plan for at least the next 6 years for every Department. Mr. Dingman is willing to be the member from the Planning Board. We shall need to name a member from the public and Mr. Paradis asked that the members think about this for our workshop meeting.
NEW BUSINESS: Mr. Duquette mentioned building at 40 North Main St. and questioned if they have a permit. Mr. Paradis explained that we no longer get a list of the building permits and their status as we used to.
The secretary mentioned that Blueberry Shores has applied for a Special Exception to expand their campground on the other side of Wulamat Road.
NEXT MEETING:
The next meeting is a Workshop to be held April 25th. Mr. Paradis has asked that members bring in any Subdivision/Site Plan regulation additions or changes to work on.
With no other business, R. Duquette made a motion, second by C. Dingman, to adjourn at 10:35 p.m.
Respectfully submitted,
Jan Laferriere, secretary