PLANNING BOARD MINUTES
February 13, 2008
APPROVED AS AMENDED & CLARIFIED:
2/27/08 jrl_________
AGENDA: CONTINUED SUBDIVISION: JEREMY MITCHELL & PAUL MORRISSETTE, 8 Central Square, #114-173
CONTINUED SUBDIVISION: HEMLOCK BROOK LLC, Lake St.,
#205-017
SITE PLAN REVIEW: 86 SUMMER ST. PROF. LLC, 86 Summer St.,
#114-048
SUBDIVISION: COREY & JODI JOHNSTON, 1151 Summer St.,
#222-016 & -017
DAVE JEFFERS, SMART GROWTH
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Steve Favorite
Denice DeStefano.
Alternates: Murray Campbell
ABSENT: Janice DellaCroce (excused), Clay Dingman (excused), Don Milbrand (working).
Alternates: Tom Babcock (excused), Bob Duquette, Don Martin, Jerry McGwin (excused)
OTHER: Public
The meeting opened at 7:00 pm. Mr. Campbell sat in for Mr. Dingman.
CONTINUED SUBDIVISION: JEREMY MITCHELL & PAUL MORRISSETTE
Mr. Paradis read an update of where this hearing is at and then read the letter from the Water/Sewer Dept. asking for a 4th meter.
Mr. Morrissette was upset with the letter as he stated that the building was already in existence and was metered already. The Water/Sewer Dept. wanted them to pay $900.00 per unit with separate meters. As they already had one meter, Mr. Morrissette wanted it left that way and the Condo fees would pay. Mr. Morrissette and Mr. Mitchell paid $2910.00 and then the Water/Sewer refunded for one so that they paid for two meters and have 3. He was upset that they now want that 4th meter put in. Mr. Mitchell presented a copy of the original bill and said that the Water/Sewer knew of the 4 Condos at the time of the installation.
-2-
Planning Board Minutes
2/13/08
MITCHELL/MORRISSETTE SUBDIVISION continued:
Mr. Favorite asked what was in the building originally. Mr. Morrissette said that he was told that there were 4 units back in the 50’s or 60’s.
Ms. DeStefano mentioned Red Fox Condos has 1 meter in the largest condo for 12 units in one building. The Association pays which are part of the unit owners monthly fees. Mr. Morrissette stated that this is the usual way for one building. He has had to re-plumb the whole building. The Board agreed that, usually has one meter per building in Condo situations. Mr. Paradis stated that we are trying to rejuvenate the Downtown; this doesn’t make sense. We can see for Bungalow Village as it is all individual buildings. Mr. Morrissette said that the Water/Sewer representative said that if a farmhouse was changed to Condos, they would have to separate them.
Ms. DeStefano read the Water/Sewer letter and felt that the Board needed to see the agreement that was alluded to. A discussion followed with emphasis on the lack of enforcement that went on in the past when it was mentioned that there used to be upstairs apartments and it was thought that they were never brought before the Planning Board.
Mr. Paradis asked what happened with the plan once they discussed this with abutter, Jeff Goodrum. Mr. Mitchell stated that they paid a surveyor to do their plan and feel it is according to all the deeds. Mr. Morrissette added that it cost $7,000 to do that as the whole block had to be done. Mr. Mitchell continued by saying that Mr. Goodrum wants to sell them some land. He continued to say that the abutter whose building infringes on their land is okay with the survey and they are granting a quit claim for the infringing area. Mr. Mitchell added that they want to use their survey and feel that if Mr. Goodrum objects, he should pay for a surveyor.
Mr. Paradis asked if they have State Subdivision approval. Mr. Mitchell said that they won’t give an approval until the Planning Board says it is okay. Mr. Morrissette stated that condo projects of less than 10 units do not require State approval.
Mr. Paradis asked about the Condo Docs. Mr. Mitchell wanted that to be a condition of approval.
Mr. Paradis asked about parking. Mr. Mitchell said that when they applied for changing to Condos, they were told that they could have parking in the center of town. Mr. Paradis felt that this is a problem and they would need a Variance as parking is part of the Zoning Ordinance and the Planning Board cannot waive anything located there. He then read page 19, Section 4.5B, which addresses off-street parking for residences. Mr. Mitchell felt that this would only apply if it is a change of use or is enlarged. Mr. Paradis felt that it refers to a new use and Ms. DeStefano added that it includes if the existing use is enlarged. Mr. Paradis stated that this would be a change. We allowed the case to go ahead based on off-street parking. Mr. Favorite felt that Ms. Corrow, Town Manager, was mis-interpreting off-street originally. He said that the Selectmen include the parking area by the monument, the library annex, and Spring St. parking lots.
Mr. Paradis read the Zoning Ordinance, page 21, Section H, in which parking permits need the approval of the Selectmen and, if for more than one year, from the Legislative body. He then read a portion of RSA:41 which generated this ordinance.
-3-
Planning Board Minutes
2/13/08
MITCHELL/MORRISSETTE SUBDIVISION continued:
Parking was then calculated: there are two units, one with 3 bedrooms and one with 2 bedrooms. They need 4 and have 2. Mr. Mitchell explained that the gas tanks will not be a problem as Mr. Taylor, abutter, is willing to use one tank with them and have a separate meter put in. Mr. Morrissette added that, in Mr. Goodrum’s deed, they are allowed a parking space on Mr. Goodrum’s property as well as access through the right-of-way (he read this from a copy of Mr. Goodrum’s deed). Mr. Morrissette added that they offered to swap some land with Mr. Goodrum so as to give Mr. Goodrum 2 spaces behind his building. He did not want to but offered to sell them 3,000 sq. ft. for $40,000. A discussion followed about other situations around the Square.
Mr. Morrissette stated that the two apartments are legal as they got building permits. They have just come in to change to Condo ownership. They have had no showings at all and understand that Mr. Goodrum has been advising Real Estates not to show until the Condo approval is complete. Ms. DeStefano and Ms. Seeler felt that the down-swing in the economy had more to do with this.
Mr. Paradis stated that, at this point, this is not a new use as the apartments were put in legally. It is only before the Board for a change of ownership. Even though the Water/Sewer situation doesn’t seem to make sense, we do need to determine if the requirements for Subdivision have been fulfilled. The Board felt that they could waive this as it is part of the Subdivision/Site Plan regulations. Mr. Paradis read 6.11F regarding this, as well as 7.6. He expressed that in his opinion a single meter would have been sufficient and that the waiver conditions in Section 7.6 have been met..
Mr. Morrissette stated that they were going to have 3 units but the Fire Chief required a hallway for the upstairs which made the 4th section.
E. Seeler made a MOTION, second by S. Favorite, to WAIVE THE WATER/SEWER APPROVAL CONDITION BASED ON WHAT WAS SAID THIS EVENING. The motion CARRIED.
E. Seeler made a MOTION, second by S. Favorite, to APPROVE THE SUBDIVISION WITH THE FOLLOWING CONDITIONS: EITHER A NH STATE SUBDIVISION APPROVAL OR A LETTER FROM THE ATTORNEY STATING THAT STATE APPROVAL IS NOT REQUIRED FOR LESS THAN 10 UNITS, AND ALSO TO RECEIVE THE CONDO DOCS. The motion CARRIED.
D. DeStefano made a MOTION, second by S. Favorite, to SET THE COMPLIANCE HEARING FOR FEB. 27, 2008. The motion CARRIED.
CONTINUED SUBDIVISION: HEMLOCK BROOK LLC
Mr. Paradis read the letter asking for a continuance.
E. Seeler made a MOTION, second by M. Campbell, to CONTINUE THIS CASE TO FEBRUARY 27, 2008. The motion CARRIED.
-4-
Planning Board Minutes
2/13/08
MINOR SITE PLAN REVIEW: 86 SUMMER STREET PROFESSIONALS LLC
As the newspaper neglected to print the advertisement, this case must be continued.
D. DeStefano made a MOTION, second by S. Favorite, to CONTINUE THIS CASE TO FEBRUARY 27, 2008. The motion CARRIED.
SUBDIVISION: COREY AND JODI JOHNSTON
This case must also be continued as the newspaper did not print the advertisement.
D. DeStefano made a MOTION, second by S. Favorite, to CONTINUE THIS CASE TO FEBRUARY 27, 2008. The motion CARRIED.
DAVE JEFFERS, LRPC LIAISON: SMART GROWTH
Mr. Paradis read the memo from Ms. Corrow stating that Mr. Jeffers is asking to be rescheduled. Mr. Paradis asked the secretary to reschedule Mr. Jeffers to Feb. 27th or March 26th, preferably the latter.
MINUTES OF JANUARY 23, 2008
The following amendments were made: Change “Merski” to “Mirski” throughout the minutes.
Page 2, 1st paragraph, 1st sentence, delete “Mr. Campbell questioned a 20’ x 30’ with a 2’ overhang that could increase.” and replace with “Mr. Campbell questioned if a 20’ x 30’ structure with a 2’ overhang could be rebuilt as a 24’ x 34’ structure with no overhangs.”. In the 2nd sentence, add, following “dimensions” “so this would not be allowed.” Page 3, Amendment #10, 1st paragraph, 5th line, insert “between the sign and the ground” after “air space”. 2nd paragraph, 4th line, delete “the” before “Historic” and following “(HDC)” insert “amendments are”. 5th line, replace “it is” with “they are”. 6th line, delete “a new ruling in which you could put up” with “an amendment allowing”. Page 5, 3rd paragraph, 2nd line, replace “little” with “few”. Page 6, SmartGrowth, 4th line, following “Boyd” insert “Smith of NLRA”. Page 7, Excavations, 2nd line, replace “LIGHTLY” with “SLIGHTLY”. Page 8, 1st paragraph, last line, replace “pile-on” with “pylon”. Under CIP, 1st line, insert “2008” following “initial”. Line 3, change “business” to “basis” and following “alternate” insert “position created”.
COMMUNICATIONS:
The Lincoln Lecture Series notice is to be tossed. Mr. Paradis read the change to the Municipal Law update which will now be on Feb. 20th. He encouraged everyone to attend. The DES Wetlands permit for Blueberry Shores LLC was looked at. The Land Lines magazine will be in the office. The invitation to the Firemen’s spaghetti dinner, March 8th, was read. The LGC Workshop for Land Use Clerks Works, 3/24, was read and it was felt that if the secretary wished to go, this would be okay with the Board. The Source and the Feb. Town & City will be in the office. The Northpoint Engineering add was read and is to be saved for possible future use.
-5-
Planning Board Minutes
2/13/08
REPORTS:
DOWNTOWN: Have not met.
HISTORIC DISTRICT COMMISSION: The meeting was canceled to Feb. 25th.
SELECTMEN: Mr. Favorite stated that they are to meet tomorrow. Mr. Paradis stated that he was surprised that, at Candidate’s Night, PlanNH was not mentioned. He spoke with Selectman, Bruce VanDerven, after and Mr. VanDerven did not know anything about it. Mr. Paradis will go to the meeting tomorrow so as to update them. We need a letter from them as well as the Historic District and the Conservation Commission. We have received letters from the ZBA and the Downtown Committee. Mr. Paradis e-mailed the pictures to Mr. Dingman who is going to edit them. Mr. Bouchard, Chairman of the ZBA, knows someone in PlanNH and says that it is critical to get these letters, especially from the Selectmen and Town Manager. He has added one small section to what the Board has seen.
CAPITAL IMPROVEMENTS: Mr. Campbell stated that they shall meet next week. Mr. Paradis added that they need an alternate member, which the Planning Board should nominate. He then nominated Jerry McGwin and this was agreed to.
OLD/NEW BUSINESS:
Ms. DeStefano mentioned Excavations and that we need to take a look at an application form. Mr. Paradis felt that this is a nice task for the new Land Use Officer.
Mr. Paradis mentioned that the new FIRM maps are in. They are a little hard to discern, especially for those whose property is between two maps.
Mr. Favorite stated that, as of March 11th, he will no longer be on the Planning Board. Don Milbrand is running for Selectman and would like to be the Selectman’s Rep. to this Board. Mr. Paradis stated that this will be up to the Select Board.
Mr. Favorite stated that a discussion on the buffer zone of the Historic District has been held. It was felt that the same restrictions apply to both those in the district and in the buffer. Mr. Paradis stated that the Planning Board had in mind that the Historic District Commission would take this into consideration when hearing cases.
Mr. Paradis felt that some interesting points have been brought up tonight (referring to the hearing for Mr. Mitchell and Mr. Morrissette). Mr. Favorite plans on looking into this tomorrow. Mr. Paradis added that, if we want the Downtown to be revitalized, this does not help. Mr. Campbell added that it gives the wrong publicity.
With no other business, E. Seeler made a motion, second by M. Campbell, to adjourn at 9:10 pm.
Respectfully submitted,
Jan Laferriere, secretary