PLANNING BOARD MINUTES
May 9, 2007
APPROVED AS AMENDED & CLARIFIED:
5/23/07 jrl_________
AGENDA: CONT. SUBDIVISION: PEGASUS REALTY/LARRY SPELLMAN/
KEN GRADY, West Shore Road, #108-036
COMPLIANCE HEARING: ALAN & DENICE DESTEFANO, 366 Lake St.,
#112-059
CONT. SITE PLAN: DEBBY MANCUSO, 34 Central Square, #114-094
CONT. SITE PLAN: SONDRA J. KEENE, 94 Mandi Lane, #205-011
PCC: MARCHAND/ALAN BARNARD, Pleasant & Fourth Sts.
PCC: ED SCHMIDT/ALAN BARNARD, Holiday Hills
ATTENDING: Dan Paradis (Chairman), Steve Favorite (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Don Milbrand.
Alternates: Jerry McGwin
ABSENT: Elizabeth Seeler (Vice-Chair, conflict), Tom Babcock (Alternate – excused), Robert Duquette (Alternate – conflict), Don Martin (Alternate – away)
OTHER: Various Public
The meeting opened at 7:00 pm. Mr. McGwin sat in for Ms. Seeler.
CONT. SUBDIVISION: PEGASUS/SPELLMAN/GRADY
Mr. Paradis read the letter asking for a continuance to June 13th as they are still working with DOT.
C. Dingman made a MOTION, second by J. DellaCroce, to CONTINUE THE SUBDIVISION FOR PEGASUS REALTY, LARRY SPELLMAN AND KEN GRADY TO JUNE 13, 2007. The motion CARRIED.
COMPLIANCE HEARING: ALAN & DENICE DESTEFANO
Ms. DeStefano stepped down. Mr. Paradis reminded the Board of the status of this case, in which the plan needed setbacks, parking spaces and the maintained buffer strip. He continued to say that there are problems with the scale. It is approximately 1” = 19’. He pointed out that, on the plan, there are figures that show 26’ and then 27’. Mr. Paradis stated that, by the scale of the drawing, this is 20.5 feet. Mr. DeStefano explained that the lines spread out toward the back boundary line. Mr. DeStefano stated that, with the help of one other person, he had taken a 100’ tape to measure these and the figures are right. Mr. Paradis said that, based on the testimony, the Board can accept the numbers. Mr. Dingman added that it should be noted that the plan lines are not entirely to scale.
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DESTEFANO COMPLIANCE continued:
Mr. Paradis read article 3.15 Buffer Strip on page 4 and article 8.5H on page 36 of the Site Plan/Subdivision Regulations. He stated that the Board understands this and can waive it as it is allowed in the Site Plan regulations. Mr. DeStefano explained that what is in the buffer strip is an existing driveway. Mr. Paradis felt that, in effect, this is grandfathered.
J. McGwin made a MOTION, second by C. Dingman, to GIVE FINAL APPROVAL OF THE SITE PLAN OF ALAN AND DENICE DESTEFANO. The motion CARRIED and the plans were signed.
CONTINUED SITE PLAN REVIEW: DEBBY MANCUSO
Mr. Paradis gave the status on this application in which the inside and porch seating can be dealt with by a minor site plan. The sidewalk table issue is under a full Site Plan. Ms. Mancuso has done the interior changes via a building permit that was given with the stipulation of Site Plan Review. Ms. Mancuso has received a Variance for the parking requirement with the condition that, down the line, she is not to complain about parking conditions in the Square. Mr. Paradis continued to say that the Board asked town counsel opinion for the sidewalk situation. 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. If they allow this use, it still will need to come back to the Planning Board for Site Plan Review.
Ms. Mancuso asked if the Selectmen must have a record of owning the sidewalk. Mr. Favorite stated that he has researched back to 1790 and could not find any deed transactions with the town. He does have a 1910 photograph that shows parking in the front of the building. Mr. Paradis stated that, if a prior owner had made a deal with the town for money, there would be no problem for the applicant. However, if the town’s use is done adversely, that is different. Ms. Mancuso asked why she couldn’t rent the area to use. Town Counsel advised that anyone could come and sit at the tables. Mr. Paradis also mentioned that the sidewalk takes a jog in that area and then continues on. He stated that the use of the porch is not a problem.
Ms. Mancuso asked if she can use the inside and the porch. Mr. Paradis said that we need to know the total seating and Ms. Mancuso said 50 inside. Mr. Paradis stated that Chief Skantze has only agreed to 45. Ms. Mancuso said it is up to 45 at the present time but she wants to get the paperwork to have 50 inside and 10 outside for a total of 60 seats. She has 2-seater tables.
Mr. Paradis stated that we should have to continue this case for a determination by the Selectmen as we have no right-of-way or easements that are existing (#11 of the checklist). Ms. DellaCroce stated that the Liquor Commission allows 45 and asked how the Board handles this.
Mr. Paradis felt that the Board could approve with the condition of Fire Chief and Liquor Commission permission. Ms. Mancuso stated that she will stanchion off the porch and she will need a letter from the town for the sidewalk.
Mr. Favorite stated that he has spoken with the Liquor Commission and they determine per square footage. The addition would allow for 50. Ms. DellaCroce has a copy of the Liquor Commission requirements. Ms. Mancuso stated that she can go with less seating but not more. Mr. Favorite asked if the height of the rail will be so that they cannot climb over and Ms. Mancuso answered that they are more apt to go under it than over it. She is only looking for 4 seats on the porch.
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MANCUSO MINOR SITE PLAN continued:
In looking at the new plan, Mr. Paradis noted that the north arrow is pointing in the wrong direction. This was corrected.
D. DeStefano made a MOTION, second by Mr. Milbrand, to ACCEPT THE APPLICATION OF DEBBY MANCUSO AS COMPLETE. The motion CARRIED.
Ms. DellaCroce mentioned Bob McCormick’s letter (former Code Enforcement Officer) and asked if all of the life safety regulations have been met. Ms. Mancuso stated that she only needs the front door handle. Mr. Paradis stated that she will have to meet the Fire Chief’s compliance.
J. McGwin made a MOTION, second by D. DeStefano, to APPROVE 50 INSIDE SEATS AND 4 ON THE PORCH WITH THE CONDITION OF APPROVAL FROM THE FIRE CHIEF (CAPACITY AND LIFE SAFETY) AND LIQUOR COMMISSION (CAPACITY). The motion CARRIED.
The Board determined that, in the interim, Ms. Mancuso can use the 45 seats. They set a compliance hearing for May 23, 2007.
Mr. Paradis explained that by resolving the “prescription” issue means dealing with such things as who built the sidewalk and who maintains it. Once this is straightened out with the Selectmen, she will need a full Site Plan Review with an engineered plan. Ms. Mancuso stated that she has measured this and the tax map is pretty close and thought that she should be able to use it as a minor site plan. Mr. Dingman felt that this would depend on if the town owns it but that, if she owns it, she would need a survey. Mr. Paradis felt that we should wait to see what happens with the first step (Selectmen’s decision). He added that his concern is for allowing enough room for the sidewalk. Mr. Dingman suggested that Ms. Mancuso set it up like she wants and to take a photo to bring in and show the Board. Mr. Paradis agreed that a scaled diagram and photos would be sufficient. He then signed the conditional decision.
CONT. SITE PLAN: SONDRA J. KEENE
Mr. Dingman and Mr. Milbrand stepped down. Mr. Paradis gave the status of this case, explaining that it is to be a use by Special Exception and the ZBA has four conditions to be met:
Not to exceed 4 bedrooms, a sign be of adequate size & nature appropriate to the neighborhood, suitable maintenance and liability agreement between the applicant and owner of the right-of-way, and a state approval for a septic system for a 4-bedroom Bed & Breakfast. The Planning Board has gone through the first checklist with two waivers. We need to accept the application and then continue.
Les Mills, representative for Ms. Keene, presented a new plan and stated that he has changed the title to just Lot 11 on sheet 1 and on sheet 2, there is a reduced version of waivers and the exterior lighting. There is also the directional sign at the cul-de-sac. There are no substantive changes.
J. McGwin made a MOTION, second by J. DellaCroce, to ACCEPT THE APPLICATION AS COMPLETE WITH WAIVERS FOR #16 WETLANDS AND #18 LANDSCAPING. The motion CARRIED.
Mr. Mills stated that they went to the ZBA for the Special Exception and got the approval with the four conditions. The property consists of 5.1 acres and is accessed by a private way (Brange Road). Lots #205-009 and -014 belong to Norma Barney. Mr. Mills then showed the parking spaces and 3-car
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KEENE SITE PLAN continued:
garage that is on the plan. They are doing sprinklers as recommended by the Fire Chief. The lot is landscaped already. There are gravel roads servicing the property.
Norma Barney, owner of the right-of-way, stated that she is concerned with the liability issue, about people going into the brook that runs on both sides. Mr. Mills stated that this is Hemlock Brook. Ms. Barney stated that they are saying that it is a 50’ r-o-w. It is now only a one-car width and she is concerned that it would change. It is not defined in the deed. She would like to be included if any changes are to be made. Maintenance of the r-o-w is also a concern. Mr. Paradis stated that this can be dealt with in their negotiations.
Mr. Mills then presented a draft copy of the proposed restrictive deed of covenants. Ms. Barney has just received a copy tonight, as well. He pointed out that, on page 2, this is enforceable by the municipality. The covenants are to go along with the land as long as Ms. Keene’s property is used as a Bed and Breakfast. They are to go back to the ZBA on June 5th for their compliance hearing. The conditions of the covenants are to not exceed 4 bedrooms, no signage on the r-o-w without abutter approval, to maintain the r-o-w as is (no improvements), and for public liability coverage. This document will be recorded and runs with the land as long as the Bed and Breakfast remain. It would be enforceable by the town because its’ use was granted through the ZBA and the Planning Board.
Ms. Barney stated that she has just received this tonight and needs time to look at it. Mr. Mills stated that they have about 3 weeks before going to the ZBA and then need to come back to the Planning Board. He would like to see that at the Planning Board’s next meeting after ZBA. Mr. Paradis felt that the Board could do an approval with conditions or wait for the ZBA compliance to be resolved. Issues of the rights of a r-o-w and of widening a r-o-w were discussed. Mr. Mills stated that the widening of the r-o-w would be a civil issue. The applicant is not asking for any changes to it. Ms. DellaCroce asked if the covenants only run with the land if this remains a Bed and Breakfast and Mr. Mills answered yes. The parties both have the option to change this, of course. Mr. Paradis pointed out #3 and #4 dealing with maintaining the r-o-w. Mr. Mills stated that this may not be the final form. It does force an insurance binder, however.
At this time, the Board addressed the full checklist. Waivers were asked for #21 Off-street loading (there will be none), #30 a completion date (depends on the recording of the covenants and the ZBA decision), #31 Drainage (no physical changes), #34 Erosion & Sediment Control (no change), and #37 Other requirements (no changes).
Mr. Mills then showed the Board where the cul-de-sac sign will be moved to so as to be off the property of Ms. Barney. Ms. Barney added that she does not want a sign by Brange Rd. so as to keep the residential look of the area. Mr. Mills again mentioned that the exterior lighting is existing.
Mr. Paradis asked Ms. Barney if she had any additional problems if the ZBA conditions are satisfied. Ms. Barney asked for a copy of tonight’s minutes and to allow time for her to address the agreement. She asked if the waivers go for the applicant’s lot only and was told that they do.
D. DeStefano made a MOTION, second by J. DellaCroce, to ACCEPT WAIVERS FOR #21, 30, 31, 34 AND 37 OF THE CHECKLIST. The motion CARRIED.
Mr. Paradis said that he has a concern about town enforcement. Mr. Mills stated that this only allows the town to enforce it but does not mean that they have to.
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KEENE SITE PLAN continued:
D. DeStefano made a MOTION, second by J. McGwin, to APPROVE THE SITE PLAN APPLICATION FOR SONDRA J. KEENE WITH THE FOLLOWING CONDITIONS: ZBA COMPLIANCE AND A MODIFIED PLAN THAT WILL SHOW THE NEW LOCATION OF THE SIGN. The motion CARRIED.
A compliance hearing was set for June 13, 2007.
Mr. Dingman and Mr. Milbrand returned to the table.
PCC: MARCHAND/ALAN BARNARD
Mr. Barnard explained that the property is on Pleasant St. by Fourth St. It has a duplex and they wish to change to a Condominium form of ownership. Mr. Barnard advised the applicant that they would need to go through Subdivision. The property consists of over 18,000 sq. ft., is in the Village Commercial district, and is lot #113-007. This area requires 10,000 sq. ft. for a single and 2-family structure, he believes. Mr. Paradis agreed with this. Mr. Barnard asked if it also needs Site Plan. Mr. Paradis asked if there will be any changes to the building and was told no. He then felt that there are no requirements to bring it to Site Plan. The secretary explained that they shall have to see Matt Nebesnik, Land Use Officer, before coming in to her with the application.
PCC: ED SCHMIDT/ALAN BARNARD
Mr. Barnard stated that this is a PCC instead of the full Boundary Line Adjustment. The property is in the Holiday Hills/Holiday Heights district. He showed rough plans as to what is there now and what is planned. The proposal for a Boundary Line Adjustment would leave 33,000 + for each lot, bringing one lot into conformity. The job is for more protection for the present owner’s home. Subdivision regulation 4.1 was looked at. Mr. Barnard stated that the buildings already exist as well as 40’ of frontage for one of the lots. Both will still meet setbacks on the new boundary.
Mr. Barnard asked how many abutters need to be notified. It was noted that the lots are both owned by Mr. Schmidt. The Board looked at the RSA on page 479 of the NH Planning and Land Use Regulation 2006-2007 edition. It was determined that no notification is needed. The applicant presents the plan and authorization for anyone representing them. They will need to be placed on the agenda. Mr. Paradis explained that a PCC (Preliminary Conceptual Consultation) is not binding on either the applicant or the Board.
PCC: LES MILLS
Mr. Mills asked if he could have a PCC on a question that he has. The Board allowed this and Mr. Mills asked if, when there are complicated issues that include proposals for both the ZBA and the Planning Board, how can they be handled. He cited coming to the Planning Board before going for a Special Exception or vice versa. Mr. Paradis felt that he should get the Special Exception first so as to going through the Planning Board expense and then finding that the Special Exception does not get approved. A discussion followed. Mr. Mills mentioned possible joint meetings. He continued by saying that Bristol Shores objective is to add a shuffleboard, tennis court and horseshoes; primarily to develop recreation. They might add a walkway, picnic tables and a dog walk, he added. Problems are only solved by engineered plans.
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LES MILLS PCC continued:
Mr. Paradis stated that he believed that the main concerns at the ZBA hearing were to the 105 campsites and the over-use of the beach. Mr. Mills felt that these are normally addressed by traffic studies, etc. Mr. Paradis agreed that there is some overlap for the two Boards where a Special Exception is concerned. Mr. Mills would like to see the Boards working together. He would like to address everyone’s concern on one plan. Mr. Dingman thought that maybe we need to conjoin. Mr. McGwin asked if it is possible to have a joint meeting. The Board said that it is. Mr. Mills stated that, had he realized what was happening at the ZBA hearing, he would have withdrawn the application. Now, if Mr. Nebesnik says that they still need the ZBA and Planning Board, can we meet together. A discussion of the Special Exception requirements was held. The tree situation (on water lines) on Wulamat Rd. and traffic gets addressed by both Boards. He asked if Planning can hear this at the same time. Mr. Paradis feels that there is a logical progression for this. Things can be allowed but with certain conditions. As to holding a PCC, ZBA does not have these and the Planning Board can only look at a generalization of the plan. Mr. Paradis feels that the problem was more to the addition of sites with the impact of traffic and to the beach. He added that the Board is thinking of an area requirement for long-term campgrounds but this cannot be implemented until next March.
As to the closing of the campground, Mr. Mills stated that they still have people continuing work on the grounds. This is a new concept and known as a resort. A discussion followed as to obtaining agreement of the two Boards. Mr. Paradis stated that he would be happy to talk in a PCC in general.
MINUTES OF APRIL 25, 2007: The following amendments and clarifications were made:
Page 1, 1st paragraph, 2nd line, replace “a Selectmen” with “the Selectmen’s designee”.
Page 2, under Amendment #8, 1st paragraph, 6th line, following “5’” insert “ceiling height”. In the 8th line, replace “Oregon’s” with “an Oregon document”.
Page 3, 1st paragraph, 3rd line, delete “a bit”. Under At this time Mr. Favorite arrived., 1st paragraph, 2nd line, replace “Davis” with “Davidson’s”.
Ms. DellaCroce asked about an alternate for the Selectmen’s Representative when Mr. Favorite cannot attend. It was felt that an alternate must be determined by the Board of Selectmen per RSA.
C. Dingman made a motion, second by D. Milbrand, to accept the minutes as amended. The motion carried.
COMMUNICATIONS:
The secretary was directed to throw away the LGC Workshop notice as it does not pertain to us.
The Source shall be held in the office for a bit. Mr. Paradis read the notice for the Newfound Lakes Region Association workshop (“Planning Toolbox”) for May 31st, the Bristol Fire Company benefit dinner announcement will be on the Planning Board’s bulletin board, the survey for the Barbara R. Patterson Trust, Hemp Hill Road was looked at.
REPORTS:
DOWNTOWN COMMITTEE: Mr. Favorite stated that they are to meet here at the Town Office on next Wednesday night to continue a joint gathering to work on this.
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REPORTS:
HISTORIC DISTRICT COMMISSION: Mr. Dingman stated that Emily Paulus of NH Division of Historic Resources came in and spoke with them. She helps municipalities and Historic District Commissions with things like grant writing, fundraising, and how to get established. She is to come in and speak with them.
SELECTMEN: Mr. Favorite stated that they shall be meeting tomorrow night.
CIP (CAPITAL IMPROVEMENTS PROGRAM): Mr. Paradis suggested Murray Campbell as the Planning Board suggestion for a resident for this committee. The Board thought he would be a good candidate and Mr. Favorite will speak with him.
OEP CONFERENCE: Mr. Dingman stated that he met Ms. Paulus at the Conference. He added that Meredith presented plans that they have gone through with their Main Street America. They have Architectural Review in place of building codes and gave some points on building interest in developing.
Mr. Paradis went to a class in which they show how to color plans, which seems to be helpful.
OLD BUSINESS: ---
NEW BUSINESS:
Ms. DellaCroce stated that she went out to see Turner’s cottages. She is not sure that this is what she approved. She also went to Bristol Shores and found the main gate was closed but the far gate was not and she was able to drive in. She found about 10 people who were staying there. A discussion was held as to the Turner’s: the secretary explained that she and Mr. McCormick looked at the signed plan when they came in to get permits for expanding the cottages. They found a note on the plan that says that they are allowed to expand within the designated private space around each cottage. Some members mentioned the severe damage to the road by all of the heavy trucks going in and out. Mr. Favorite thought that he might send a letter concerning the impact to the road that this has done as the Board was told that there would be insignificant damage.
Ms. DellaCroce suggested that the Planning Board ask the Exeter planner, who spoke at the OEP Conference, to come in and speak to us. A discussion was held as to what the Board should ask about and who to bring in.
Ms. DellaCroce asked if members who spoke at the ZBA should recuse themselves when the case comes in to the Planning Board and she was told that they should. Mr. McGwin stated that he plans to as he has an interest in the Blueberry Shores proposal as he has a cottage on Wulamat Road.
NEXT MEETING: The next meeting, May 23rd, we have the public hearing on the regulations, Ms. Mancuso’s compliance and, if time, work on the survey.
With no other business, C. Dingman made a motion, second by J. McGwin, to adjourn at 10:35 p.m.
Respectfully submitted,
Jan Laferriere, secretary