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PLANNING BOARD MINUTES

April 23, 2008

APPROVED:

________

AGENDA: COMPLIANCE HEARING: COREY & JODI JOHNSTON, 1151 Summer

St., #222-016 & -017

COMPLIANCE HEARING: HEMLOCK BROOK LLC, Lake St.

#205-017

WORKSHOP

ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Denice DeStefano,

Alternates: Tom Babcock, Murray Campbell, Jerry McGwin

ABSENT: Clay Dingman (excused), Alternate: Don Martin (away)

OTHER: -----

The meeting opened at 7:00 pm. Mr. Babcock sat in for Clay Dingman.

MINUTES OF APRIL 9, 2008: As the Board had just received the minutes, they elected to defer action until they had a chance to look them over. They shall address them at the next meeting.

COMPLIANCE HEARING: COREY & JODI JOHNSTON

Mr. Johnston had e-mailed a request for continuation as NHDOT is not able to review their application until May. Mr. Paradis read the request.

E. Seeler made a MOTION, second by D. Milbrand, to MOVE THE COMPLIANCE HEARING FOR COREY & JODI JOHNSTON TO MAY 14, 2008. The motion CARRIED.

COMPLIANCE HEARING: HEMLOCK BROOK LLC

As no-one was present as yet, Mr. Paradis moved this issue to later in the evening.

WORKSHOP:

SUBDIVISION/SITE PLAN REGULATIONS:

#1 “Private Way” and #2 “Hardship Variance” – delete as these are nowhere in the text of zoning or Site Plan/Subdivision.

#3 New definition “Subdivision Road” – This addresses the problem of subdivision roads. Would need to comply with town standards in Section 5.10. We shall have to put this into Zoning for next March.

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Planning Board Minutes

4/23/08

SUBDIVISION/SITE PLAN REGULATIONS continued:

#4 Section 8.3A7 and #5 Section 8.3B – From suggestions made by Bernie Waugh. This is a little more specific than what we adopted. It is just add-ons to what we have at present.

#6 Sections 8.8A26 & 27, Sections 8.8A26, 27 & 28, renumbered as 8.8A28, 29 & 30 respectively – to comply with the Comprehensive Shoreland Protection Act.

#7 Section 8.5E2 – Delete. A mistake that needs correcting as it is a fragment of a sentence.

#8 Section 8.7 - This is a labeling thing; a stenographic error. Some members already have the correction made. This has been done. Some members have this correction already while some do not. Everyone will be given the updated copy.

Mr. Paradis asked if anyone else had any suggestions to be brought to public hearing. Hearing none, he then asked for a motion to bring those mentioned tonight to public hearing.

J. McGwin made a MOTION, second by J. DellaCroce, to PRESENT PROPOSALS #1 THROUGH #7 TO PUBLIC HEARING TO BE HELD MAY 28, 2008. The motion CARRIED.

A discussion clarified that Subdivision/Site Plan regulations, as well as Excavation regulations only require a public hearing. Zoning Ordinances come before the Legislative body following a public hearing.

LAND USE CLERK WORKS SEMINARS:

The secretary has attended a couple of meetings at LGC and has presented the Board with basic items needed. She explained that the Procedural Rules are the biggest items that were stressed. The Board addressed those at this time. There is a model to look at on the OEP & RPC website. Mr. Paradis suggested that the Board look at these. After a discussion, it was determined that these are the method of procedures used by the Board. In a discussion of attorney advice, if any of it is brought up in a meeting, the confidentiality clause is then forfeited. What is needed are the steps that the Board should follow for each procedure.

The Board mentioned that our last bylaws update was May 14, 2003. Some of the members do not have a copy so the secretary will get these to them by e-mail or hard copy.

As there is a lot to be covered, Mr. Paradis expressed that it is a lot to ask of a volunteer board and perhaps the town should spend funds to have the town attorney draft this. He would prefer to spend the time doing functional things. In the meantime, the Board felt that they will need time to accomplish this task.

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Planning Board Minutes

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PROCEDURAL RULES continued:

Mr. Paradis was surprised that such items as PCC, Preliminary Review, and Formal Application procedures are required where they are spelled out in the RSA. The secretary felt that it is just to put in the RSA that you follow for these. It is to cover the Board in cases that go to court.

Fees procedure was then addressed. The secretary stated that LGC stressed not to list the actual fees in the application so as to eliminate having to redo the forms every time the fees change. Mr. Babcock suggested that the fees be placed on a separate page to accompany the application which sounded like a good way to handle this. Fees are set by the Selectmen. The Subdivision/Site Plan regs. say “Applicable Fees”.

Ms. DellaCroce felt that we should set a workshop specifically to address this. Ms. DeStefano volunteered to begin a draft document working with Attorney Waugh. First step would be to look at the web site, check with Atty. Waugh to see if he has a template of this, and come up with an outline to compare to what we already have. Everyone is to look at the web sites.

Public Notice the secretary will address.

Electronic communication – It was stressed that e-mail be used with extreme caution. As long as the Board only transfers information but does not have cross-communication we should be alright.

PCC, Design Review – It was felt that PCC is spelled out in the RSA. As to Design Review, this is optional unless the town votes for it. The secretary explained that it is another step to be sure that everything needed for a complete application has been submitted. Abutters are notified but no public hearing is conducted. The abutters can only listen. These are usually requested by developers. Mr. Paradis noted that we have never adopted any procedure for Design Review and should leave out for now. We are aware that we should not be specific but to give guidance without promises.

Final Application – The Board discussed our checklists which may need to be revised so that we cover everything needed for a complete application. Due to the 65 day time limit, once an application is accepted as complete, it is best not to accept an application until the Board is certain that everything needed has been submitted. The only exception would be for such things as State permits which can be part of a conditional approval. It was felt that the Board needs to redo the checklists. A discussion was held as to how to handle the “other permits” so that it is known that they may be needed but is not necessarily needed for the application to be counted as complete.

A discussion was held on time limits for decisions. It was confusing to see that, once an application is filed, the Board has 30 days to accept it as complete. It was generally felt that it would be in the best interest of the applicant to waive this if they do not have enough submitted for the Board to accept the application as complete.

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Planning Board Minutes

4/23/08

LAND USE CLERKS WORKS continued:

Ms. DellaCroce asked what is meant by allowable fees needing to be paid in advance of the public hearing. The secretary explained that this is for consultant fees primarily and should be paid up front (in escrow) as the incentive to pay after the fact becomes nil. She added that Ms. Bonsteel (Land Use Officer) has asked for $5,000 from the Elderly Housing project, for instance.

The Board will look at the web sites and try to work on this. The secretary will get the bylaws copy to those that need a copy. Mr. Paradis stated that the courts recognize that we are amateur boards and, as long as we do nothing egregious, they are pretty lenient.

COMMUNICATIONS:

PlanNH acceptance letter was received. They are asking for $2500 and Mr. Paradis mentioned to the Town Manager about $1000.that is available. PlanNH is doing 3 towns and have to decide whose to do when.

April 2008 Town & City magazine will be held in the office.

Low Impact Development ad – Mr. Paradis read the description for workshops.

Letters: to Turner’s Cottages LLC from Ms. Bonsteel in regard to a reminder that they still need to file with the Town in regard to their DES request for waiver from Shoreland protection requirements.

To Shane & Kristie Cunan from Ms. Bonsteel in regard to 3 dwelling units in their building when only 1 has been allowed.

To Thomas Gilbert, DES, from Ms. Bonsteel in regard to Ken Ivester (Millstream Restaurant) and his waiver application from CSPA (Comprehensive Shoreland Protection Act). She stated that the Town of Bristol is in favor as long as he rebuilds in the original footprint.

e-mail between Clay Dingman and Ms. Bonsteel in which Ms. Bonsteel attached a letter to Christos Stamnas in regard to his property at 45 South Main St., map 114 lot 128. Mr. Stamnas’ intent is to revert the building back to a 2-family from a 1-family dwelling.

NEW BUSINESS:

SIGN ORDINANCE: Mr. Paradis asked the Board’s opinion in regard to off-premises signs. He mentioned that Ms. Bonsteel has asked him about this as she is faced with one case in which there is no building but the owner wishes to have a sign. Ms. DeStefano felt that it was similar to someone who has a sign at one business (such as downtown) for a business they also own on another lot. There was a discussion as to temporary signs, as well. The Board feels that they need to revamp the sign ordinance to make it clearer. Mr. Babcock stated that we don’t want billboards. Political signs were mentioned. The Board agreed to study this situation.

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Planning Board Meeting

4/23/08

UNFINISHED BUSINESS: ---

REPORTS:

HISTORIC DISTRICT: Nothing new.

SELECTMEN: Mr. Milbrand announced that the Town Manager has resigned and will be leaving in 60 days. A search will be on the agenda for tomorrow night’s Selectmen’s meeting.

CAPITAL IMPROVEMENTS PLAN: Mr. Campbell reported that the committee held a Highway tour today and that the project request form and letter for the public is available.

NEXT MEETING:

The next meeting will be held on May 14^th. To date, there is the Mitchell/Morrissette compliance, Peff Corp. Site Plan, Continued Elderly Housing Site Plan/Merger, PCC for Susan Worthen McCombs on Peaked Hill, and Subdivision for the Devost Condo complex.

OTHER:

Ms. DellaCroce asked about a clarification of a TRC (Technical Review Committee) meeting. Mr. Paradis stated that LGC answered that the Planning Board and Zoning Board Chairs should not attend.

With no other business, E. Seeler made a motion, second by D. DeStefano, to adjourn at 8:30 p.m.

Respectfully submitted,

Jan Laferriere, secretary