PLANNING BOARD MINUTES
June 13, 2007
APPROVED AS AMENDED & CLARIFIED:
6/27/07_____
AGENDA: CONTINUED SUBDIVISION: PEGASUS REALTY TRUST/LARRY
SPELLMAN/KEN GRADY, West Shore Road, #108-036
CONT. SITE PLAN: SONDRA J. KEENE, 94 Mandi Lane, #205-011
MINOR SITE PLAN: 86 SUMMER ST. PROF. LLC, 86 Summer St.,
#114-084
SUBDIVISION: MARGUERITE, LAUREN & STEPHEN MCENTEGGART,
South Main Street, #227-006
BOUNDARY LINE ADJUSTMENT: MIKE SHARP, Jenness Hill Rd. & River
Rd., #209-015 & -042
COMPLIANCE HEARING: DEBBY MANCUSO, 34 Central Square,
#114-094
MINOR SITE PLAN: DEBORAH MANCUSO, 34 Central Square,
#114-094
CONTINUED SITE PLAN/SUBDIVISION REGULATION #6
ATTENDING: Dan Paradis (Chairman), Steve Favorite (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Don Milbrand.
Alternates: Robert Duquette, Murray Campbell
ABSENT: Elizabeth Seeler (Vice-Chairman, conflict), Tom Babcock (Alternate – conflict), Don Martin (Alternate - excused), Jerry McGwin (Alternate – away)
OTHER: Lori Ingham (reporter), public
The meeting opened at 7:05 pm. Mr. Duquette sat in for Ms. Seeler.
CONTINUED SUBDIVISION: PEGASUS/SPELLMAN/GRADY, CATHERINE BRODERICK, ATTY.
Mr. Paradis gave an update on what has happened with this case to date. He then read a letter written by Todd Fahey, abutter. Ms. Broderick explained that they wish to divide the 16 acres (Phase II) from Phase I and then subdivide that into two 8-acre parcels for single family homes. They have reached an agreement with Phase I for this. Ms. Broderick asked that the Board accept and approve this subdivision. They have prepared an updated plan.
Mr. Paradis noted that they did not address note #1 for drainage, granting the other abutters with the same provision for no more runoff added to their properties from any cause. Mr. Paradis asked what “builder’s condition” means. He also stated that the other abutters should have the same agreement as what is shown with the Phase I abutters on page 3, g. and j. There is nothing about increased runoff from tree cutting, which is a real concern of the Board, he added. Ms. Broderick stated that they are willing to adjust the note.
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CONT. SUBDIVISION: PEGASUS/SPELLMAN/GRADY continued:
Mr. Paradis asked for public comment at this time and the abutters asked to look at the plan, which was granted. Diane Rutledge stated that the plan is subject to the Accommodation Agreement and she would like the Agreement noted on the plan.
Todd Fahey mentioned that an Engineering Study has been done by Horizon for the State which allows ½ acre of clear-cutting for each lot and he asks that this be incorporated also.
C. Dingman made a MOTION, second by J. DellaCroce, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Paradis suggested that one way to address the ½ acre regulation would be to add that if any more than that is to be cleared, they would need to come in for mitigation. He added that there is a buffer for Phase I already. Ms. Broderick stated that the common area is 23 acres so there is plenty of buffer.
Mr. Dingman suggested that the Board consider Mr. Fahey’s requests. Mr. Paradis concurred.
Mr. Gaudette, abutter, asked who will monitor this, the police? Mr. Paradis stated that
we now have a full-time Land Use Officer. Mr. Gaudette mentioned that Hebron had a case in which they clear-cut the trees. The town put them on hold and told them that they had to replant but, of course, the tall trees cannot be replaced. Mr. Gaudette asked what the penalty would be. Mr. Spellman said that this could happen with anything. Mr. Favorite asked how many are in the Condo (Phase I) and was told 30. Ms. Rutledge explained that no-one is allowed to be there after October 15th. The Agreement says that this project will start after September. Mr. Favorite stated that Mr. Nebesnik, Land Use Officer, is available 5 days a week. Ms. Rutledge said that she will let Mr. Nebesnik know when construction begins. Mr.
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PEGASUS/SPELLMAN/GRADY SUBDIVISION continued:
Gaudette asked if any violations have been found and Mr. Favorite stated that even he has been called in on a minor infraction.
Mr. Milbrand mentioned that there is no frontage on the road. Mr. Paradis stated that it looks like they have incorporated it into the properties. 100’ of frontage is required so they need to extend the subdivision road to provide this. He also mentioned that this is not a driveway but is a subdivision road. Ms. Broderick stated that they will amend the plan and Agreement to reflect this. Ms. Rutledge asked what the State calls it and Mr. Paradis stated that, to the State, it would be considered a private road but with our approval, it becomes a subdivision road for the Town.
Ms. Rutledge asked if anything has been done on Phase I. Mr. Grady stated that there has been nothing done. Mr. Dingman asked if Mr. Fahey has anything in mind for an inventory. Mr. Fahey answered that it is hard but he felt that they need something to show what is there now. Mr. Dingman suggested that an aerial shot could be done. Ms. Broderick asked if this is standard for a subdivision and Mr. Paradis said no. He went on to say that the area is pretty forested and that the ½ acre cutting limit offers some protection. Mr. Fahey stated that the Planning Board has power to set conditions. He wants clear marking of their boundary. Mr. Grady stated that the clear cutting of ½ acre does not mean they cannot thin. Mr. Fahey felt that they would be limited to the ½ acre overall. Mr. Paradis felt that this would be too restrictive in the case where a diseased tree should be taken down.
The Board then began determining conditions to be placed on the approval. Ms. DeStefano stated that the property line should be physically delineated between the Association and the 16 acres being withdrawn. Also, to limit clear cutting to ½ acre for each home lot, unless further engineering study and mitigation plan for any additional drainage is provided. Mr. Milbrand said that the clear cutting for each lot should be ½ acre maximum. Thinning does not have much impact. A discussion followed. Mr. Paradis stated that there should be no further run-off from the properties. Ms. DeStefano added that they should be required to submit another drainage study if they are to cut more. Ms. Rutledge asked that a reference to the drainage study be placed on the plan and to limit each lot to a single family home.
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PEGASUS/SPELLMAN/GRADY SUBDIVISION continued:
Ms. DeStefano asked about a buffer. Mr. Paradis said that he would be happy with no cutting in the setback. Mr. Milbrand pointed out that this is in note #3. Ms. DeStefano wants the same stipulation for the other abutters as is done for Phase I. Mr. Paradis also stated that the lot is not to be further subdivided. Also, they need to extend the frontage on the access road so as to be in compliance. He mentioned that we have asked for a cross-section of the road and Ms. Broderick presented this. Ms. DeStefano went on to say that the plan is subject to the Accommodation Agreement. Mr. Duquette stated that note #1 should be replaced and asked what the withdrawable land is. Mr. Paradis explained that this is the land being withdrawn from Phase I. He added that they need to re-label the driveway as a roadway.
Ms. Rutledge asked if there are State issues and Mr. Favorite asked if there is anything in the agreement and was told that there is. Escrow will go into an account. Again, Mr. Paradis stated that there is to be no cutting in the 15’ buffer. Mr. Gaudette asked if they can only clear-cut ½ acre and Mr. Paradis felt that there is nothing that says that they cannot cut at random. Mr. Gaudette expressed that it is difficult to measure. Ms. DellaCroce asked if Mr. Gaudette has a recommendation. Mr. Gaudette did not but added that random cutting is not measurable. The increased run-off for random cutting is very subjective. Ms. Rutledge stated that drainage for cutting for the road is not in the study. Mr. Paradis felt that it must be as the road is in the plan. It should be part of the calculation. Mr. Spellman stated that they had 6 engineers from the State who looked at it. Mr. Paradis mentioned the need of the final approval of a driveway permit. Ms. Rutledge asked about final approval by July 25th so as to accommodate the Phase I owners. A discussion of the procedure of conditions was held in which Mr. Paradis explained that the applicants have approval tonight with conditions and they only have to come back to the Planning Board to show that they have met the conditions. No further changes will be made.
S. Favorite made a MOTION, second by D. DeStefano, to APPROVE THE SUBDIVISION FOR PEGASUS REALTY TRUST/LARRY SPELLMAN/KEN GRADY WITH THE CONDITIONS AS READ:
1. To physically delineate the boundary line between the Association and the 16 acres being withdrawn.
2. Limit clear cutting to ½ acre for each home lot, unless a further engineering study and mitigation plan for any additional drainage is provided.
3. Reference existing drainage study on the Plan.
4. Incorporate all conditions of the Accommodation Agreement on the Plan.
5. Note #1 on the Plan needs to provide the same stipulations for abutters re: drainage issues as provided to the Association in the Accommodation Agreement.
6. Extension of frontage needs to be 100’ for access road on the Plan.
7. Plan is subject to all terms and conditions outlined in the Accommodation Agreement.
8. Eliminate note #4 on the Plan.
9. Re-label the word “driveway” to read “road” on the Plan.
10. Note #3 to say “No cutting within the 15’ setback…”.
11. Final approval for the driveway permit received by the Planning Board.
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PEGASUS/SPELLMAN/GRADY SUBDIVISION continued:
The motion CARRIED. Attorney Dyer stated that this application covers two subdivisions: withdrawal of 16 acres from Phase I and then to make two 8 acre lots of the 16 acres.
The compliance hearing was set for July 11, 2007.
CONTINUED COMPLIANCE: SONDRA J. KEENE
Ms. Keene was not in attendance. As the Special Exception Compliance Hearing has been continued, the Board felt that ours needs to be continued also.
D. DeStefano made a MOTION, second by J. DellaCroce, to CONTINUE THE COMPLIANCE HEARING FOR SONDRA J. KEENE TO JULY 11, 2007. The motion CARRIED.
MINOR SITE PLAN: 86 SUMMER STREET PROFESSIONAL LLC
Mr. Dingman and Ms. DeStefano stepped down. Mr. Paradis explained that Ms. Seeler, Board member, is also an abutter and has submitted an authorization for Raymond J. DiLucci to represent her.
Durwood Miller Jr. (Woody) represents 86 Summer St. Prof. LLC and stated that he has met several times with Matt Nebesnik, Land Use Officer. He presented a driveway permit dated May 9, 2007 and applied for a land use permit on May 18th. He is to have a meeting with Fire Chief Norm Skantze on June 28th.
Mr. Paradis stated that the sewer would have to be pumped up to the street as requested by the Water/Sewer Department. Mr. Miller stated that they have no intent on having a bathroom put in. He added that the final approval of the driveway is pending.
D. Milbrand made a MOTION, second by D. DeStefano, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
At this time, Mr. Paradis read a letter submitted by Ms. Seeler in which she states that the garage which is to be converted from storage to retail sales is within the 15’ buffer area and there is no way that this buffer can be done. Parking is now being done in the buffer area, as well. The current vegetation provides no screening. She also pointed out that a variance was approved allowing fewer than the required number of parking spaces for the original business (35 required, 23 approved including 1 handicapped space.
Mr. DiLucci stated that a required fence has never been installed either. The garage is about 1’ from Ms. Seeler’s property line. She objects to the converting of a storage garage to a business located within the buffer zone.
Mr. Paradis also pointed out that the new parking spaces shown (#5 and #6) create a problem for exiting from parking spaces #19, 20, 21, and 22. Mr. Paradis had researched the internet for standards for parking lots and the recommended aisle width adjacent to 90 degree parking is 27’. The plan shows about 13’. He questions this and feels they would need a variance allowing 4 new parking spaces rather than the 6 spaces required by the zoning ordinance. He agreed that there is a problem with changing a building use from storage to retail when it is located within the buffer zone and he read the Zoning Ordinance section 4.12 on non-conforming lots and uses. The Ordinance directs the Board to lean to conformance, not making it more non-conforming. There is a questions as whether the proposed plan complies with the Spirit of the Ordinance. Mr. Paradis felt that Mr. Nebesnik can deal with what has not been done to comply with the previous site plan.
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86 SUMMER ST. PROF. LLC MINOR SITE PLAN continued:
Mr. Favorite stated that parking was in question with the original site plan and Mr. Paradis verified this. There were two variances and the other one was on impervious surface. Mr. Miller feels that this is a consistent permitted use for the zone. He added that we shall not have any commercial business in town if we push the parking requirements. The use of the building complies. It was felt that this should be a ZBA issue. Mr. Paradis added that it seems against the spirit and the letter of the law. Ms. DeStefano agreed with Mr. Paradis questions. The Board determined that a variance is needed for parking and for allowing the proposed change of use in a non-conforming building. It was noted that, one problem with the screening is that Ms. Seeler’s house is higher.
Mr. Miller was told that the earliest he could get a ZBA hearing would be August 7th if application is in by July 17th. Laura Lynch, employee of 86 Summer St. Prof. LLC, stated that there are 23 paved spaces now and only about a quarter of them are used. She asked if time photo studies would be helpful. Mr. Paradis recommended that they bring them in just in case but that he cannot speak for the ZBA.
D. DeStefano made a MOTION, second by R. Duquette, to CONTINUE THIS CASE TO AUGUST 8, 2007. The motion CARRIED.
SUBDIVISION: MARGUERITE, LAUREN & STEPHEN MCENTEGGART/COLIN BROWN
The secretary read the application, the abutters notified, where the hearing was advertised and stated that there were no telephone calls and 3 written responses (from the Highway, Police, and Water/Sewer Departments – stating that they have no comments). The plans were distributed.
Mr. Brown explained that this subdivision is on Route 3A South near the “Welcome to Bristol” sign. There is an existing house on lot #3. They have received State driveway permits and septic permits. The soil is good, he added.
D. DeStefano made a MOTION, second by C. Dingman, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
There was no-one in attendance for public comment. The Board felt that these are good lots.
The checklist was addressed and a request to waive #24 drainage plan (flat land) was made.
D. Milbrand made a MOTION, second by R. Duquette, to WAIVE CHECKLIST #24 DRAINAGE PLAN. The motion CARRIED.
D. DeStefano made a MOTION, second by S. Favorite, to APPROVE THE SUBDIVISION OF MARGUERITE, LAUREN & STEPHEN MCENTEGGART. The motion CARRIED.
The mylar and plans were signed.
BOUNDARY LINE ADJUSTMENT: MICHAEL SHARP/COLIN BROWN
Mr. Brown stated that Mr. Sharp owns the lot on Jenness Hill Rd. and has his home on it. He recently purchased the lot on River Road and wishes to add some of it to his lot so as to put a horse pasture in. The Jenness Hill Rd. property will become 2.60 acres and the River Road lot will be 1.20 acres. Mr. Brown then presented a copy of the State Subdivision approval.
C. Dingman made a MOTION, second by D. DeStefano, to APPROVE THE BOUNDARY LINE ADJUSTMENT FOR MICHAEL SHARP. The motion CARRIED.
The plans were signed and Mr. Brown will bring the fees in on Friday.
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COMPLIANCE HEARING: DEBBY MANCUSO
Mr. Paradis read the State approval and Fire Chief approval for 50 seats.
D. DeStefano made a MOTION, second by R. Duquette, to APPROVE THE MINOR SITE PLAN OF DEBBY MANCUSO FOR SEATING FOR 50. The motion CARRIED.
MINOR SITE PLAN REVIEW: DEBORAH MANCUSO
The secretary read the application, abutters notified, where the hearing was advertised and stated that there were no telephone calls or written responses.
Mr. Paradis explained that the Selectmen have placed some restrictions on the outside seating applied for: approval is for a 5-month trial period, tenant/owner is responsible for any damage to the sidewalk, a letter from the owner granting Ms. Mancuso permission to proceed with the request is required, the public must retain access to the sidewalk as it is a public right-of-way, alcohol is prohibited, no bolting of anything to pavement or permanent structures, Planning Board review of design and color of outside seating arrangements, lease required if recommended by LGC to protect the town from liability.
Ms. Mancuso presented pictures and plans. She stated that the post office will move their box a bit and the town will clear the tank. She will have no liquor outside on the sidewalk or on her porch.
The checklist was addressed. The secretary will make a copy of the ZBA decision for our file.
There was no public in attendance at this time.
Mr. Paradis stated that the key thing is not to block the sidewalk.
D. DeStefano made a MOTION, second by D. Milbrand, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
Mr. Paradis stated that he did not believe that the Selectmen have stipulated no advertising. Mr. Dingman felt that they would be alright if they have subdued logos, such as in the photos. Coca Cola is red and white but he felt that this is tasteful as long as the beer logos are not huge. Ms. Mancuso stated that she will have umbrellas from Budweiser and Sam Adams as well as Coca Cola.
She does not want anything wild herself, she added.
Mr. Favorite asked if she had checked with her insurance company about umbrellas being blown and hitting someone or something. Ms. Mancuso stated that she has not but they are covering her for the outside seating.
C. Dingman made a MOTION, second by D. Milbrand, to APPROVE THE MINOR SITE PLAN FOR OUTSIDE SEATING FOR DEBORAH MANCUSO WITH THE SELECTMENS’ CONDITIONS AND THAT THE UMBRELLAS BE TASTEFUL AND SUBDUED SIMILAR TO WHAT IS SHOWN IN THE PHOTOS. The motion CARRIED. Plans were signed.
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QUESTION:
Ms. Mancuso asked if she might ask a question. She has a problem with another Italian Restaurant coming into the Square and it was suggested to her to come to the Planning Board with her concerns. Mr. Paradis stated that this is a legal question and Ms. Mancuso said that the State told her that the town can do as they want. In Ma., there has to be so many feet between like businesses. Mr. Paradis stated that we have nothing in our town regulations. He suggested that she have her lawyer draw something up if she would like. A discussion followed and it was explained to Ms. Mancuso that a change to our Ordinance gets brought to the Planning Board or placed in a warrant article. It must be voted on by the town voters before it becomes a town ordinance.
SITE PLAN/SUBDIVISION AMENDMENT #6:
The Board read the change that Mr. Paradis made using the suggestions from Attorney Bernie Waugh.
C. Dingman made a MOTION, second by D. DeStefano, to APPROVE AMENDMENT #6 AS RECOMMENDED. The motion CARRIED with one abstention.
MINUTES OF MAY 23, 2007:
The following amendments were made:
Page 1, last paragraph, end of first line and beginning of second line, delete “as this is not part of the structure.”
Page 3, first paragraph, 3rd line, insert “the regulations on” in front of “Manufactured Housing”. 5th line, replace “campground” with “campsite”. In the next paragraph following the motion, add “The motion was CARRIED.”
Page 4, Downtown Report, 5th line, following “Ms. Corrow” insert “discussed”.
Page 5, 1st paragraph, last line, replace “as a resident” with “committee as a member of the public at large”. Next paragraph, 2nd line, replace “do not want” with “would prefer no”. Turner’s cottages, 2nd paragraph, 5th line, replace $3,000,000” with “3/4 of a million”.
C. Dingman made a MOTION, second by D. DeStefano, to ACCEPT THE MINUTES OF MAY 23, 2007 AS AMENDED. The motion CARRIED.
COMMUNICATIONS:
Junkyard Licensing: toss as Matt already has this.
66th Annual NHLGC conference, Nov. 7-9 notice: on bulletin board
Ad for 2007 edition of “Knowing the Territory”: order a copy.
Request for Land Use Regulation update: Dan to go over with Jan on Friday.
FYI copies of letters regarding Big Catch driveway and new septic design: read and to file.
June 2007 Town & City: Janice took to read.
REPORTS:
DOWNTOWN: Mr. Favorite stated that they shall meet next week. The Oldies Dance will be held July 7th. He is working with Ms. Corrow for a float design for the parade.
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REPORTS CONTINUED:
HDC: Mr. Dingman reported that a hearing for Paul Morrissette, 8 Central Square (Cavis Block) was held. There was not enough information and the hearing has been continued to July 10th. It is for alterations to the building front and a new sign.
The commission review, discussed and prioritized the following: By July 10th, a complete application process, revise current signage guidelines, edit existing COA application package to make it easier to use/understand, meet with Land Use Officer on the last two. By Aug. 2008, create a process by which the HDC can document the evolution/progress/regress/status of projects in the District for future reference, create an Historic District awards program, design/build/install 3 Historic District signs to indicate to people that they are entering the district. By Sept. 2008, meet with area realtors to educate them about the Historic District and create an annual mailing to them, create an HDC welcome package for new property owners in the District, create HDC walking tour brochure and place on HDC website, complete current HDC website and possibly find a grant funding to hire someone to do this. Complete at various points in next several months of 2008 and possibly into 2009, work with Planning Bd. on upcoming town survey, research any necessary additions to the current Historic District Ordinance and submit to Planning Bd., have Commission as a whole contribute to writing HDC’s segment for Bristol’s annual report and include on website, work with Planning Bd. To revise historic preservation of Master Plan, build Commission membership.
SELECTMEN: Mr. Favorite stated that they have met with the Conservation Commission who gave an overview of their activities. They only have 3 members at present (Shawn Legeuix, Mason Westfall, and Carroll Brown) leaving them short 4 members. They have 3 or 4 parcels of protected land. Mr. Westfall will be holding a hazardous waste collection on Aug. 4th, a.m. only. The summer town meeting will be held July 28th. Mr. Favorite then invited the Board to the welcoming of the new Police Chief on June 18th at 5:30 p.m.
CIP: Mr. Paradis stated that this has been given back to the Planning Board. We can elect an Advisory Committee which will report back to us or have a small committee made up of Planning Board members. The Town Manager cannot serve on it. Mr. Campbell mentioned that we had an Advisory group when we did the Master Plan. Mr. Paradis mentioned that a few stabs were made for this a few years ago and the Bruce VanDerven got one started again and the Board was to give final approval. This also flagged. The motion at town meeting was amended and deemed illegal. It is now back to the Planning Board. Mr. Dingman addressed not having the Town Manager and he feels that her presence would be helpful. Mr. Paradis felt that she could be an Advisory member. A discussion followed. Mr. Paradis will talk with Ms. Corrow, Town Manager, and Mr. Dingman, Mr. Milbrand, and Mr. Campbell are all willing to work on it.
OTHER: Mr. Dingman had looked over the drainage plan for Pegasus and found that the driveway cutting is not included. Ms. DellaCroce felt that the Board needs to get things like this ahead of time so they have time to look at it. A discussion was held in which they felt that the Board should continue a case if pertinent information comes in and they have not been give the time to absorb it.
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NEW MEMBER: Murray Campbell was greeted as the new alternate to the Planning Board.
NEXT MEETING: The Board will work on the survey. The secretary will not be in attendance as she will be away. The members were reminded that there will be no-one to call them on Sunday. Mr. Paradis will ask to have Diane Marden fill in.
E-MAIL: Mr. Dingman asked if he can e-mail a proposal of the survey. Mr. Paradis stated that he can but there can be no decisions made. Mr. Dingman stated that the HDC is willing to help with this.
ITALIAN RESTAURANT: Ms. DellaCroce asked what is going on with the new Italian restaurant. Mr. Dingman stated that they had a hearing last night and the secretary said that we have received nothing, as yet.
With no other business, C. Dingman made a motion, second by D. Milbrand, to adjourn at 11:05 p.m.
Respectfully submitted,
Jan Laferriere, secretary