PLANNING BOARD MINUTES
January 23, 2008
APPROVED AS AMENDED & CLARIFIED:
2/13/08 jrl_________
AGENDA: 2ND PUBLIC HEARING ON PROPOSED ZONING CHANGES FOR AMENDMENTS #2, 4, 5, 8, & 9
1ST PUCLIC HEARING ON PROPOSED AMENDMENT #10
PUBLIC HEARING ON EXCAVATION REGULATIONS
PCC: PEFF CORP. /MICHELLE MULLEN, Beach Street, #114-150
ELIZABETH CORROW & PAUL MIRSKI ON PLAN FOR POLICE STATION, TOWN OFFICES, AND OLD TOWN HALL
PLAN NH WORKSHOP
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Steve Favorite
Janice DellaCroce, Denice DeStefano.
Alternates: Murray Campbell, Jerry McGwin
ABSENT: Clay Dingman (excused), Don Milbrand (away).
Alternates: Tom Babcock (excused), Bob Duquette, Don Martin
OTHER: Public
The meeting opened at 7:00 pm. Mr. Campbell and Mr. McGwin sat in for Mr. Dingman and Mr. Milbrand.
PUBLIC HEARING:
Amendment #2: Mr. Paradis explained that this amendment is designed to keep from overcrowding. Two changes have been made: In the 9th line of 1.a., a change was made to read “two or more structures”. The same change is in the 8th line of 3.a. Also, Mr. Paradis found an oversight in #3.a, 4th line: to replace “rebuilding or replacement to” with “construction of additions to”.
Mr. Paradis then called for public comment. There were no comments made.
Mr. Campbell questioned “footprint or outside dimensions”. Mr. Paradis stated that we have defined “footprint”. He also emphasized that we say “footprint or outside dimensions including height”. No-one can increase any of the outside dimensions.
Whitney Leggett, non-resident but contractor here, felt that we need to specify the existing structure, eaves and decks. We don’t mention existing perimeter walls. Mr. Paradis read the new definition for footprint. He added that this also limits to the location of the exterior walls and roof.
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AMENDMENT #2 continued:
Mr. Campbell questioned if a 20’ x 30’ structure with a 2’ overhang could be rebuilt as a 24’ x 34’ structure with no overhang. Mr. Paradis said that this would be true if we only said footprint but we have included outside dimensions. Ms. DeStefano suggested that we put in parenthesis the meaning of exterior dimensions. Mr. Paradis said that the intent is to also include height. In other words, if the new project does not fit inside the shell of the original building, it is not allowed.
D. DeStefano made a MOTION, second by J. DellaCroce, to ACCEPT AMENDMENT #2 AS PRESENTED. The motion CARRIED.
D. DeStefano made a MOTION, second by E. Seeler, to ACCEPT THE CHANGE FROM “REBUILDING OR REPLACEMENT OF” TO “CONSTRUCTION OF ADDITIONS TO”. The motion CARRIED.
E. Seeler made a MOTION, second by S. Favorite, to PLACE AMENDMENT #2 ON THE BALLOT FOR MARCH. The motion CARRIED.
Amendment #4: Mr. Paradis explained that these measures are similar to those proposed to go into Site Plan Review, but were advised that they should be in zoning. They refer specifically to roads, lot sizes and setbacks in the Lake District. The Board debated if there is any loophole as this is written. Seeing none, Mr. Paradis asked for public comment. None were forthcoming.
E. Seeler made a MOTION, second by D. DeStefano, to BRING AMENDMENT #4 TO TOWN MEETING. The motion CARRIED.
Amendment #5: Mr. Paradis explained that the Pemigewasset River is now included in the Shoreland Protection Act as of this coming April and this is to be certain that the Pemi-Overlay requirements are in compliance. He further explained that the State now has a point system, as an example. We have
some restrictions that are more stringent which we will keep. Mr. Paradis asked for public comment and there was none.
D. DeStefano made a MOTION, second by J. McGwin, to BRING AMENDMENT #5 TO THE MARCH TOWN MEETING. The motion CARRIED.
Amendment #8: Mr. Paradis explained that this was brought to us by the Land Use Officer so as not to cause a hardship on auto repair shops and car dealers. There were no public comments or questions.
D. DeStefano made a MOTION, second by J. McGwin, to BRING AMENDMENT #8 TO TOWN BALLOT. The motion CARRIED.
Amendment #9: Mr. Paradis gave a slight overview of this amendment. He then asked the Town Manager, Elizabeth Corrow, to comment. Ms. Corrow stated the having building codes is something the Selectmen have talked a little about but no funding has been placed in the budget. They are also trying to determine the town liability aspect of this. No decision has been made. Ms. Corrow continued by saying that she began with hiring a Land Use Officer with Mr. Nebesnik and then he left and we have not been able to get this position up and running. She would like to see that done first.
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AMENDMENT #9 continued:
At present, we get into buildings with the Fire Chief and with Health inspections as well as Welfare inspections and we haven’t had to deal with many problems. She is concerned with the liability aspect of this and is weighing what we want to accomplish with the liability factor. At this time, the needs of
the departments, the pay classifications, the police/town office/old town hall plan and a grant writer are in the budget. Ms. Corrow would rather see us start with a part-time planner. We need to look at the problem we are trying to resolve.
Public comments were then asked for. Kathleen Girona, Publisher of the Newfound Voice, stated that she has an 11 room home and, if she wanted to add on a rental unit, it would be cost prohibitive with this. Mr. Favorite stated that the liability of a new home would be on the architect and the builder. We are looking at protection for buyers. Mr. Paradis stated that right now the State code applies. Mr. Favorite answered that there is no enforcement. Ms. Corrow stated that we do this through the Fire Dept.
Ms. Seeler mentioned that the effective date is set for 2009. Mr. Paradis stated that we could table it and bring it up again next year. He would prefer having a planner and is willing to table this, he added.
Mr. Favorite asked Ms. Corrow what we do if we have any Welfare problem with plumbing. Ms. Corrow answered that we can bring in other people. Ms. Seeler stated that, in the latest survey, the majority wanted a building code. Ms. Corrow added that not everyone knows just what they want and what it entails.
D. DeStefano made a MOTION, second by E. Seeler, to TABLE AMENDMENT #9. The motion CARRIED.
Amendment #10: Mr. Paradis read the Zoning Ordinance which addresses air space. He explained that the previous Land Use Officer asked the ZBA for an interpretation of this and they feel that the airspace below the sign itself should be counted in the measurement. The basic argument is that the posts can be used as part of the sign, as well. Mr. Paradis mentioned that you could have a single post. In the past, the air space between the sign and the ground has not been counted on the signs allowed. Ms. Seeler stated that posts are needed in order to see the signs. Mr. Paradis has had e-mail conversations about the ZBA position. Mr. Bouchard states that the ZBA feels that the space beneath the sign is also included. The Planning Board then tried to determine the original intent and felt that, when snow is on the ground, how can the space be included as part of the sign.
Mr. Paradis asked for public comment and Ms. Girona mentioned that businesses complain about how hard it is to get signs, especially in the Historic District. She does not feel that there should be any regulations. Mr. Paradis explained that this covers all over town and allows for signs 8’ x 4’ for example. Ms. Corrow asked if Historic District (HDC) amendments are done through the Planning Board and Mr. Paradis answered that they are. We would hope that the HDC would initiate but we could do these. As of last year, an amendment allowing interim signs while waiting approval, was put in place. Ms. Girona again stated that she hears lots of complaints. Mr. Paradis explained that a citizen initiative can be presented to the Planning Board; it must have 25 signatures of registered voters. In the meantime, he shall pass the word along. Ms. Girona offered to publish deadline dates.
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AMENDMENT #10 continued:
Mr. Paradis advised that they come in October to the Planning Board and present the problem to us for us to address. If they are not satisfied, they can do an initiative. At this time, Mr. Favorite read the sign ordinance of another town in which they do not count the space underneath either.
E. Seeler made a MOTION, second by J. McGwin, to BRING AMENDMENT #10 TO BALLOT. The motion CARRIED.
PCC: PEFF CORP./MICHELLE MULLEN
Ms. Mullen stated that they have submitted plans to Ms. Alpers, Interim Land Use Officer, and to the Fire Chief. They are trying to bring their apartment building (on Beech St.) up to code and want to know what is needed by the Planning Board.
Mr. Paradis stated that they would need Site Plan, which addresses the outside of the building, not the inside. If there are no exterior changes, they can go for minor site plan. Parking will be an issue. In the past, the Board has allowed the use of the tax map for a plan but it is not always good and not to scale. They need to read the regulations for minor site plan review.
Ms. Mullen stated that they have gone over the plans. They will be looking at new heating, plumbing etc. and to spruce up the neighborhood.
Whitney Leggett, with Ms. Mullen, stated that the plans are to scale (he did them). They have put in a permit for the foundation as they now are to put full foundations in so as to stabilize the barn. They are also making changes to the lot for drainage. They will not extend beyond the footprint.
Mr. Favorite stated that they are looking to go from 4 apartments to 6 and the barn. Mr. Leggett stated that they plan to expand into the barn. There will be two more units with two bedrooms each. The Planning Board determined that they will need 3+ parking spaces added. Mr. Leggett said that they have 4 across the front and have widened the driveway to 35’.
Mr. Favorite asked about the right-of-way. Mr. Leggett stated that this has been restored to accommodate fire apparatus. Ms. Mullen added that the fire chief, Norm Skantze, was impressed.
Mr. Leggett stated that he planned on taking the drawings from what has been presented.
Mr. Paradis explained that they shall need to get a Variance first. A PCC requires no commitment on the Planning Board or the Applicant, he added. It will need to go to the ZBA first, however. If they have the time, they should do the Variance first and then come in for Site Plan. He added that, if the diagram is okay, they can come for a Minor Site Plan.
Ms. Corrow announced to the Board that she has hired a part time circuit rider/planner to come in on Fridays to help Ms. Alpers out.
ELIZABETH CORROW AND PAUL MIRSKI:
Ms. Corrow presented plans of the Old Town Hall and explained that she is going to all the Boards to update them on the Old Town Hall/Police Station plans. Ms. Corrow stated that last year, for a new building for the Police, it was to cost $668,000. just for the land and an architect. The whole project was to cost $2.6 million. This was voted down so Ms. Corrow and the Police Station team began thinking of re-using what we have. They have come up with plans to renovate the present Town Hall/Police Station to accommodate the Police Station and to renovate the Old Town Hall to accommodate the Town Office workers.
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OLD TOWN HALL/POLICE STATION PRESENTATION continued:
The building will be lifted and moved slightly over to the banking so that it remains on ground level and the Town Offices will be built underneath it and also have ground level access. The upper Town Hall will get repainted and the floor is to be redone. Instead of replacing the windows, they will keep the old ones and cover them with storm windows. All meetings will be held in the original section. There will be a little addition in back for small meetings. The cost of doing both buildings comes in just over $2.9 million. They hired Mr. Mirski and Bonnett, Page & Stone for the project and instead of a one lump bid, they intend to bid out every piece and have them give us a guaranteed price with a 5% contingency built into it.
Ms. Corrow and Mr. Mirski have been before the HDC and are also going to the Historic Society. They intend on going through the Historic Resource Office about rural development money. This is a 3 for 1 deal: the Police Department, the Town Offices, and the use of the Old Town Hall. It is designed for the future (a planner, finance, and assistant expansion). The Police will change some walls but the majority is for a Sally Port addition. The Old Town Hall is within walking distance of the Downtown.
Mr. Mirski looked at the present Town Office building first to see if it would work for the Police. It was found to work with few changes. By using the buildings we already own, we will be saving $1.16 million. The Town Offices shall have access from both Summer Street and Winter Street and there will be 23 parking spaces. We shall have a partial acquisition to the side so as to move the building over. If we were to use Lake Street Auto, as mentioned last year, we would be removing commercial space from our tax rolls.
Mr. Mirski, the architect, stated that we are just sliding the old building up hill so it will look close to the same as it does now. There will be a lift inside for the handicapped. Most costs now are $124. a sq. ft. This will be $114. a sq. ft. which is a great bargain. We use premium space all around. We could also expand the present town office/police building in the future.
Ms. DellaCroce asked if this will straighten the road access and Mr. Mirski answered definitely. Mr. Paradis felt that the benefits outweigh the drawbacks. He mentioned that Summer Street is a problem. Mr. Favorite stated that DOT is to get this addressed. Winter Street can be used and, for town meeting, people can park at the Elementary School, as well. Mr. Mirski stated that the building as it stands has been crammed into a corner and this plan will move it into the center of the lot.
Mr. Paradis asked about music in the Police Station. It was explained that money was originally given for an opera house and by court judgment, the town was allowed to use it as it is as long as a room could be used to play music in. One suggestion was to pipe opera music into the cells and perhaps deter crime, as well. Mr. Favorite mentioned that the Insurance Co. has come in for an inspection and we are in trouble if we do not do something.
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TOWN PLANS continued:
Ms. Corrow continued by saying that the bottom floor will be keyed differently so that the upstairs could be used for other functions, as well. We might be able to have cultural functions. Mr. Mirski added that the bathroom by the stage could also be removed for better use of the stage. He also mentioned that for staying green, the use of old buildings is a plus. He has done a lot of restoration such as the Belknap Mill and the bandstand there. Mr. Paradis thanked Ms. Corrow and Mr. Mirski for coming in.
CODE ENFORCEMENT:
Mr. Paradis asked about the Code Enforcement position and Ms. Corrow stated that she has a planner in on Fridays for two months. At the moment, we have two job openings and she wants to fill the Assessing Assistant position first. We started interviews today. It is harder to get a Land Use Officer so she has advertised for that longer.
SMARTGROWTH:
Ms. Corrow stated that we have received a grant for a SmartGrowth audit. The Lakes Region Planning Commission will contact Mr. Paradis, she added. A copy of last year’s audit was given to the Board members so that they could get familiar with it. Ms. Corrow continued to say that sewer to the Lake is a concern. She and Boyd Smith of NRLA wish to eliminate the problem by doing this. They look at sprawl, etc. and she feels it will be a great asset to us. Mr. Paradis thanked her for this effort.
PUBLIC HEARING: EXCAVATIONS
Mr. Favorite explained that he worked with Corey Johnston (former Planning Board member) and Mr. Johnston put a lot of time into this. Mr. Paradis explained that this work and that of a former Land Use Officer were looked at and combined. He added that this document will be parallel to the Site Plan/Subdivision Regulations. A couple of minor corrections were made: Page 1, Section III, 3 = 2nd line, change “XIII” to “XIV”. Page 3, Section V, A.1a = add “and” to the end. Section V, A.1b = 2nd line, the RSA should be “RSA 155-E:2 (d)”. Page 10, Section XV, A.5 = “XIII” should be “XIV”. Page 12, Section XVI, B Permit Amendments = 4th line, replace “XIII” with “XIV”. Page 13, Section XVI, E = last line of 2nd paragraph, the RSA should be “RSA 677:4”. Page 13, Section XVII, 1st line, insert “shall not affect the” following “regulation”.
Mr. Paradis then called for public comment. There was none as the public had all left at this time. Mr. Favorite stated that the former Land Use Officer and he had discussed the adopting of Excavations and felt that, once approved, the Planning Board should invite the contractors in to inform them. Mr. Paradis felt that this is not coming up to any amount of cost but that the trick is in enforcement. Mr. Favorite stated that the State is more stringent.
Mr. Paradis stated that we need to inventory the pits, hold a meeting with the applicants, and look at Zoning for allowing in parts of the town (we now have it as a Special Exception in the Rural District). He then asked for additional comments. None were forthcoming.
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EXCAVATIONS continued:
S. Favorite made a MOTION, second by M. Campbell, to ACCEPT THE EXCAVATION REGULATIONS AS SLIGHTLY CORRECTED. The motion CARRIED and Ms. DeStefano and the secretary will see that the corrections are made.
Ms. DeStefano had to leave at this time.
MINUTES OF JANUARY 9, 2008:
The following amendments were made: Page 2, NEW BUSINESS, AMENDMENT CHANGES, 2nd line, remove “better”. Page 3, PLAN NH, 1st paragraph, 4th line, replace “6” with “several”
J. McGwin made a motion, second by J. DellaCroce, to accept the minutes of January 9, 2008 as amended. The motion carried with two abstentions.
PLAN NH:
Mr. Paradis presented the Board with the map he is suggesting. A discussion followed and it was thought that we might pick up lot #44 which is to be included in the new Town Offices plan. Mr. Dingman offered to clean up the map for us. Mr. Paradis stated that he needs suggestions and he shall e-mail a copy of the application for the Board to think about. We also need pictures and Ms. DellaCroce offered to do these. Mr. Paradis will include Chapter 3 of the Master Plan.
COMMUNICATIONS:
The date of the Spring Conference was noted. The ad for Dave’s Septic Service was looked over. The January Town & City magazine will be held in the office. Mr. Paradis took the 2007 Annual Report by the University of NH Stormwater Center to read over. It was felt that the PSNH Easement Requirements is more for the Engineers and Planners of the project. As for Bernie Waugh’s update, it was felt that we should have him in again for his annual update. Mr. Paradis will speak with Ms. Alpers about this. Mr. Paradis had something from LRPC on transportation projects and the 10-year plan. Mr. Favorite stated that he, Police Chief Clark and maybe Ms. Corrow are to go to this seminar as funding has changed.
REPORTS:
DOWNTOWN: Nothing new.
HDC: Mr. Paradis read Mr. Dingman’s e-mail in which he mentioned that the town presented a plan for a “town crier” message board for the town square. The Bristol Diner sign application was incomplete, as was the town’s and they have both been continued. The signs for the health food store on Pleasant St. were approved. He also mentioned that the Town Manager presented the plan for the Police Station and Town Hall.
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REPORTS continued:
SELECTMEN: Mr. Favorite stated that they are busy with the budget. Their final presentation will be done this coming Monday night. They are including the wage study for the employees. The Selectmen have also met with the bridge people and expect to be done by Oct. 24th unless the State Historic Society holds things up. They hope that the engineer can appease them. This would be for possible relics on the New Hampton side as there will be more earth movement on that side. The telephone pole movement started today. They expect to pour the platform by August. Our side might detain things due to ledge. They removed the old bridge in two days, Mr. Favorite added. We have received some calls of concern on lead paint. There is a steel pylon in the middle that they plan on removing.
Mr. Paradis added that the town also received some money for this bridge but it was used for the bike path. Capital spending is shown as a negative.
CIP: Mr. Campbell stated that they held their initial 2008 meeting. They need Planning Board help as there is good attendance by 4 members. Mr. Campbell would like to be certain of 5 members on a regular basis and would like the Planning Board to give permission to have an alternate position created. He added that he will contact the 5th member as he is not sure whether there are problems.
M. Campbell made a MOTION, second by D. Paradis, TO ADOPT THE POSITION OF AN ALTERNATE FOR THE CIP COMMITTEE. The motion CARRIED.
LRPC LAW BOOKS ORDER:
Mr. Paradis announced that the new NH Planning and Land Use Regulation books are in. Mr. Favorite will try to pick them up on Friday. If he cannot, Mr. Paradis asked that Mr. Favorite let him know and he will go.
With no other business, J. McGwin made a motion, second by S. Favorite, to adjourn at 9:50 pm.
Respectfully submitted,
Jan Laferriere, secretary