PLANNING BOARD MINUTES
May 23, 2007
APPROVED AS AMENDED:
6/13/07 __jrl____________
AGENDA: PUBLIC HEARING: SITE PLAN/SUBDIVISION REGULATIONS
PROPOSED CHANGES
COMPLIANCE HEARING: DEBBY MANCUSO, 34 Central Square,
#114-094
WORKSHOP: CIP/SURVEY
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice-Chair), Steve Favorite (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Don Milbrand.
Alternates: Jerry McGwin
ABSENT: Tom Babcock (Alternate – excused), Robert Duquette (Alternate), Don Martin (Alternate)
OTHER: Murray Campbell, Debby Mancuso
The meeting opened at 7:02 pm.
COMPLIANCE HEARING: DEBBY MANCUSO
The Board had received the approval for 50 seats from Chief Skantze. Ms. Mancuso stated that the State Liquor Commission is to fax their approval as soon as they meet. She expected it to be sent to her tomorrow. Mr. Paradis explained that the Board will not meet again until June 13th and cannot give her full approval until then. However, she is okay to seat 45.
Mr. Paradis explained that he attended the Selectmen’s meeting in which the sidewalk seating was brought up. The Selectmen approved the plan for 5 months probation and with several other conditions. We shall have to wait for the minutes for these. Mr. Paradis stated that Ms. Mancuso will need a scaled plan, with the signature block, and that photos of the seating area would help.
Ms. Mancuso stated that she no longer needs stanchions as the Selectmen are requiring that no liquor be served there. She also mentioned that the Selectmen do not want advertising that would be on the Coca Cola and Budweiser table tents. She did not understand why she would need a scaled plan. Mr. Dingman explained that the scaled plan helps the Board to know where everything is located. The photos would help the Board to visualize it.
Ms. Mancuso stated that the porch is part of the property and asked why they cannot be included in the 45 seats. The Board agreed with this.
Mr. Paradis added that Town counsel has stated that the Historic District is not involved. As to the porch seating, Mr. Paradis stated that this area does not come under the Selectmen.
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5/23/07
PUBLIC HEARING: SITE PLAN/SUBDIVISION PROPOSED CHANGES
Mr. Paradis stated that there are two proposed changes that he is still waiting for Town counsel opinion on. The Board can hold the public hearing on them and vote next time, if they would like.
#1 Section 5.3A replacement and #2 Section 8.5 addition. Mr. Paradis explained that these are required for the flood insurance.
Ms. DeStefano made a MOTION, second by E. Seeler, to APPROVE THE CHANGES FOR #1 AND #2. The motion CARRIED.
#3 Section 8.3 addition. Mr. Paradis stated that this carries out the Spirit of the Ordinance.
Ms. DeStefano made a MOTION, second by Mr. Dingman, to APPROVE THE CHANGE FOR #3. The motion CARRIED.
#4 Section 8.3 A,3,c addition. Mr. Paradis stated that this is for consistency with the Zoning Ordinance.
Mr. Dingman made a MOTION, second by S. Favorite, to APPROVE THE CHANGE FOR #4. The motion CARRIED.
#5 Section 8.3B change. Mr. Paradis explained that this is to clarify who determines a Minor Site Plan from a regular Site Plan.
Mr. Dingman made a MOTION, second by D. Milbrand, to APPROVE THE CHANGE FOR #5. The motion CARRIED.
#6 Section 8.3 E change. Mr. Paradis stated that this clarifies changes and alterations to an approved site plan. He is not certain that this is legal and has asked Atty. Waugh for his input.
C. Dingman made a MOTION, second by D. DeStefano, to MOVE TO CONTINUE #6 TO JUNE 13, 2007, PENDING TOWN COUNSEL’S ANSWER. The motion CARRIED.
#7 Section 3.97 Definition replacements. Mr. Paradis stated that this will conform to the Zoning Ordinance definition.
S. Favorite made a MOTION, second by C. Dingman, to APPROVE THE CHANGE FOR #7.
The motion CARRIED.
#8 New definition. Mr. Paradis stated that this will also be a change to be consistent with the Zoning Ordinance.
D. DeStefano made a MOTION, second by S. Favorite, to APPROVE THE CHANGE FOR #8. The motion CARRIED.
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SITE PLAN/SUBDIVISION REGULATION PROPOSED CHANGES continued:
#9 Section 5.12 A new section to be created. Mr. Paradis stated that this is the other change waiting legal counsel. He also mentioned that it was suggested that we give the power to Site Plan Review. The Board looked at page 23 to compare this to the regulations on Manufactured Housing. Mr. Paradis stated that we may need to get this into the Zoning Ordinance before going to Site Plan. Mr. Paradis concentrated on 5.11, page 23, to write this up. The change regulates the size of a campsite. Mr. Paradis is questioning the 10,000 sq. ft. for the Lake sites as Recreational vehicles are not usually as large as a manufactured home. Mr. Favorite brought up double wides. A discussion followed comparing recreational vehicles to mobile homes/manufactured housing . Ms. DellaCroce felt that the definition for manufactured housing, page 9, needs tweeking. Mr. Paradis explained that this is the State definition. Ms. DeStefano questioned 10,000 sq. ft. if the site is used for a tent. Mr. Milbrand did not think that this is a problem if they stay long-term. Mr. Paradis suggested that part of the park might be used for short-term use. Mr. Milbrand asked if we might need to regulate short-term, as well. Mr. Paradis added that we might also consider a regulated common area as well as so many sites per the amount of shore front. He thought that we might need to address this through Zoning. The Board determined that this proposal needs more work.
D. DeStefano made a MOTION, second by C. Dingman, to TABLE #9 FOR FURTHER STUDY. The motion CARRIED.
Mr. Paradis stated that we shall address this with the Zoning Ordinance changes this fall. Ms. DellaCroce asked if this will go to town meeting in March or later and Mr. Favorite stated that it has to be voted.
MINUTES OF MAY 9, 2007:
The following amendments and clarifications were made:
Page 1, under the DeStefano compliance, 3rd line, replace “actually” with “approximately”. 5th line, the sentence beginning with “Mr. Paradis” is to move up one line and follow “26’ and then 27’”.
Page 2, under Mancuso Site Plan, 1st paragraph, 6th line, delete the sentence beginning with “As there is no legal conclusion” as well as the following sentence. Replace them with “Town Counsel advises that the Town may have acquired a right to the sidewalk by prescription, but more research would be needed to prove this conclusively. The Select board must decide how to proceed as they have jurisdiction over the streets and sidewalks.” In paragraph 2, 2nd line, replace “transaction” with “deed transactions with the town.”. Line 3, replace “Mr. Paradis felt that” with “Town Counsel advised that”.
Line 4, replace “He” with “Mr. Paradis”. Line 5, insert “use of the” in front of “porch”. Paragraph 3, 1st line, replace “do” with “use”.
Page 3, 3rd paragraph, 1st line, change “McCormack” to “McCormick”. 5th paragraph, 1st line, delete “inside”. 6th paragraph, 1st line, replace “by prescription” with “by resolving the prescription issue”.
Page 4, 2nd paragraph, 1st line, replace “restricted” with “proposed restrictive”.
Page 5, under Les Mills PCC, 5th line, replace “go” with “going”. 7th line, replace “their” with Bristol Shores”.
Page 6, 1st paragraph, 9th line, following “(on water lines)” insert “on Wulamat Road”. 2nd paragraph, last line, replace “coinciding” with “obtaining agreement of”.
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MINUTES OF 5/23 continued:
Page 7, 1st paragraph, 1st line, after “Paulus” insert “of NH Division of Historic Resources came in and spoke with them” and delete the last sentence of that paragraph. Under OEP Conference, last line, change to read “Mr. Paradis went to a class in which they show how to color plans, which is most helpful.” Under New Business, 4th line, change “McCormack” with “McCormick”. Line 8, delete “that this has done”. In the next paragraph, line 1, replace “Ms. Paulus” with “the Exeter planner who spoke at the OEP Conference”.
D. DeStefano made a MOTION, second by C. Dingman, to APPROVE THE MINUTES OF MAY 23, 2007 AS AMENDED. The motion CARRIED.
CORRESPONDENCE:
A letter was received from Atty. John J. McCormack along with a copy of the Stock Subscription Agreement for Newfound Lakeside Cottages. The original has been sent to Atty. Waugh.
Ms. DellaCroce mentioned that they are holding an Open House this weekend.
Ms. DellaCroce took the May 2007 Town & City magazine to read.
An advertisement regarding junk yards will be sent on to Mr. Nebesnik, the Town Land Use Officer.
REPORTS:
DOWNTOWN: Mr. Favorite stated that 10 people gathered to discuss where the Downtown should go from here. Ms. Corrow, Town Manager, is strong on the Main Street program which requires 1/3 funding from the town, 1/3 from the businesses, and 1/3 from donations. The group also discussed the possibility of mimicking the Main St. program. Many volunteers will be needed. One problem that was identified is the empty stores. Mr. Favorite added that, later, he and Ms. Corrow discussed the need of more involvement by the Chamber of Commerce. Ms. Mancuso is the only merchant to come in to the Select board and ask traffic patterns and business movement before opening. The group also talked about the mica building and parking. The Downtown committee has found a DJ for their dance (Barry Walker). The dance will be held July 7th (also the date for the Fourth of July fireworks).
HISTORIC DISTRICT COMMISSION: Mr. Dingman had nothing to report. Mr. Favorite asked what they do when a business has a registered sign, such as Curves. Mr. Dingman explained that the companies have certain types of variations that can be used for different situations. He added that the Curves sign is out of compliance.
SELECTMEN: Mr. Favorite stated that they discussed the CIP (Capital Improvements Program) question at length. They are to get a legal opinion tomorrow night. The Selectmen will pass the baton to the Planning Board but they pick the committee. Mr. Favorite also said that the Selectmen are working on the fireworks liability and location as well.
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REPORTS continued:
CIP: Mr. Paradis stated that he attended the Selectmen’s meeting and understood that they were turning it back to the Planning Board. Because of this, he sent out e-mails for nominations from the various groups mentioned in the amendment so as to stay with the spirit of it. He then read a letter from Archie Auger, Chairman of the Budget Committee, who felt that the amendment is legal until determined by the court. Mr. Paradis received several suggested nominees from the Budget Committee. He added that, right now, he would guess that we wait for the Selectmen. The CIP committee is only advisory and Mr. Paradis did not feel that the amendment was bad. He compared it to the Master Plan committees, in which we divided the different areas and asked for community volunteers with a Planning Board member to head each group. Mr. Paradis also mentioned that Mr. Campbell has expressed an interest in joining the Planning Board in an alternate position. This could be a problem for him to work on the CIP committee as a member of the public-at-large, he added.
OLD BUSINESS:
DEBBY MANCUSO DECISION: Mr. Paradis stated that the Selectmen have approved the use of the sidewalk with conditions (such as no holes in the sidewalk, no blocking of it, etc.). They would prefer no logos on the umbrellas but this would be part of the Planning Board discussion. The Board must wait for the legal decision at this point.
TURNER’S COTTAGES: Mr. Paradis stated that, in the minutes, Mr. Rokeh stated that when they apply for the Variance from the Shoreland Protection, “State law would probably keep them from enlargement”. The cottages were non-conforming buildings. Mr. Nebesnik is checking with the State on this. Mr. Favorite stated that he talked to them today. Mr. Paradis mentioned #11 of the attorney questions listed in our packets which no-one challenged. This addressed the owners’ ability to refurbish the interior and exterior of their cottages provided that they do not physically expand the current cottage footprints without obtaining appropriate approvals.
Mr. Favorite stated that he spoke with Brady Sullivan today and mentioned about the heavy vehicles traveling the road. Mr. Dingman was under the impression that they were to come back to the Planning Board for any expansion. Mr. Favorite and Ms. DellaCroce agreed. Mr. Paradis stated that this is not in either the State or our regulations for Site Plan. Mr. Dingman stated that this causes distrust. Mr. Favorite added that three cottages have been purchased for ¾ of a million dollars and the houses cost $800,000 more. Mr. Paradis mentioned that, in our regulations, we allow non-conforming to be expanded as long as they do not encroach any more within the setbacks. He felt that we may need to look at that regulation again.
Mr. McGwin asked if we know how many bedrooms, etc. are included. Mr. Paradis stated that we do but, as in other cases, often dens become bedrooms later on. Mr. Favorite stated that they are 4-season but not to be permanent residences.
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SURVEY: Mr. Paradis referred to the 1999 survey of which everyone has a copy. It was explained that this survey had been done with the help of Lakes Region Planning Commission (LRPC). Ms. DellaCroce asked who are expected audience is to be. Mr. Paradis stated that it could be the voters, the property owners, or the last census. He feels that every household should be and also the part-time folks. Ms. DeStefano suggested that it be put on the internet. We could send out post cards telling people that it is on-line and, if they do not have access, where to get a hard copy. Mr. Dingman felt that we could also explain that they can get use at the library.
Mr. Milbrand felt that there should be something to show if they are a resident or non-resident. The secretary pointed out that the last survey has this in #13. Ms. DellaCroce suggested that, with the summer people, to ask how many years they have been coming here. She also thought we might consider graduated answers instead of yes, no and undecided. Ms. Seeler thought we could have a rate of 1 to 5.
Mr. Dingman asked the purpose of the data and Ms. DellaCroce asked why we have a survey.
Mr. Paradis stated that it is to flag areas of the Master Plan which need updating. We start with a survey, apply it to the Master Plan and then address it in the Zoning Ordinance.
After discussion, the Board felt that, in place of the “U” for undecided, they could use “N/O” for no opinion. Ms. DeStefano felt that we need to know what attracts people to Bristol and what needs improving. Mr. Dingman felt that we need an explanation of why we are doing it. Ms. DeStefano will try to find time to set up something on Survey Monkey and bring it in for the Board to see. Mr. Paradis asked if we should include some potential town improvements and was told that we should, such as the Downtown and the Police Station. Mr. Paradis asked that suggestions be brought in next time.
NEW BUSINESS:
RED FOX: Ms. DellaCroce mentioned all the dredging of the beach for Red Fox. Ms. DeStefano stated that they have all the necessary permits for this.
BIG CATCH RESTAURANT: Mr. Paradis questioned the Big Catch paving. Ms. DellaCroce spoke with Mr. Nebesnik on this and he went out to check. They did not touch the back section. Mr. Paradis mentioned that we get no feedback.
BAKERY: Ms. DellaCroce stated that there was a big truck there the other night and she asked what was going on. They are looking to put in an Italian Restaurant, they said. Mr. Favorite stated that they want to put in 2 Condo apartments upstairs and a sit-down restaurant plus a hairdressing shop on the street level. A discussion followed as to having too much of the same things in the Square.
NEXT MEETING: The next meeting will be held June 13th. On the agenda is the continued subdivision for Pegasus/Spellman/Grady, cont. site plan for Sondra Keene, minor site plan for 86 Summer St. Prof. LLC, subdivision for Mcenteggart, minor site plan & compliance for Debby Mancuso. E. Seeler motioned to adjourn at 9:10 pm with a second by C. Dingman.
Respectfully submitted,
Jan Laferriere, secretary