PLANNING BOARD MINUTES
November 12, 2008
APPROVED:
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AGENDA: SITE PLAN REVIEW: FRIENDS OF NEWFOUND FOOTBALL FIELD COMMITTEE/KERRY MATTSON, Newfound Rd., #219-011
MINOR SITE PLAN REVIEW: SWISS VIEW VILLAGE CONDOMINIUM ASSOCIATION C/O BERNIE GALLAGHER, 1330 Lake Street, #111-071
PCC: DAN & JOY O’ROURKE, Central Square - WITHDRAWN
PCC: FRAN PARKHURST, Lake St., #113-041
WORKSHOP: ORGANIZE PROPOSED ZONING CHANGES
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Jerry McGwin.
Alternates: Murray Campbell, Steve Favorite
ABSENT: Alternates: Tom Babcock (health), Don Martin
OTHER: Public
The meeting opened at 7:00 pm. Mr. Paradis went over the procedure for hearings.
SITE PLAN REVIEW: FRIENDS OF NEWFOUND FOOTBALL FIELD COMMITTEE/KERRY MATTSON
Corey Johnston of Northpoint Engineering was to represent the committee. The secretary read the application, list of abutters notified, where the hearing was advertised and stated that there were no phone calls or written messages received.
Mr. Johnston presented the plan and stated that the location was across the road from the High School on approximately 25 acres. Peter Kuprilot was the Wetland Scientist used and Alan Barnard used the survey of the old plan.
Lloyd Belbin, abutter, pointed out where Ten Mile brook was located along the western boundary.
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SITE PLAN: NEWFOUND FOOTBALL continued:
Mr. Johnston continued by stating that this is in the Rural District and the brook continued down to the river. Mr. Paradis asked if the location for the field is to be in the open field. Mr. Johnston answered that it is mostly. There is a tree line along one side as well as some trees in the rear which shall require some cutting. They intend to widen the access road to 20’ with parking for about 12. Attendees are to use the school parking lot. There is 30’ to 50’ of flat area around the field before they grade. There is a grade change of 8’ to 10’ in the front corner and 20’ the deepest section, to 8’-12’ in the rear. The change in elevation will be 23 ½’. Mr. Johnston has filed for an Alteration of Terrain permit. They have asked for a couple of minor changes. He continued to say that they will put a swale around the steep slope and another at the bottom with ditches and rip-rap along the road. For further drainage, the field shall slightly slope from the center to each side, ½ towards the wetlands and the other ½ to the brook.
Mr. Paradis asked about the required 50’ setbacks from wetlands. Mr. Johnston stated that the field is 50’ away but the slope is not. It is 25’ in one area but the wetlands scientist feels that this is of low functioning value and would be okay. They are using RSA 674:74 of the government regulations and only the field has run-off. Mr. Paradis added that water does not pool there and Mr. Johnston agreed.
Mr. Johnston continued by saying that they previously dug 4 test pits: #1 had water at 6’, #3 hit something at 3’ so they went to #4 which had water at 6’. There will be an under drain in the ditch and if there are any seeps, they will put rip-rap in. It is 101’ to Mr. Belbin’s property and 103’ to the brook.
Mr. Belbin asked how far they intend to cut the woods in the rear of the property. Mr. Johnston stated that this will be about 120’ to 190’. Mr. Belbin stated that he just wants a buffer to be left. Mr. Paradis stated that there is a section in the north side that is open but Mr. Belbin’s home is further up the hill. Mr. Belbin stated that the house is about 800’ to the boundary. Mr. Johnston felt that they would plant something in the 15’ open area that abuts Mr. Belbin.
Mr. Dingman stated that, given the scrutiny given to others, he asked them to do whatever they can to be as far from the wetlands as possible. He felt that this effort on the applicants’ part would show good faith. Mr. Paradis stated that the present lay of the land is constantly sloping.
Mr. Belbin asked if more drainage won’t be going into that area of the wetland if they construct this. Mr. Johnston assured him that there will be no more run-off than what goes there now. Mr. Paradis added that all of the drainage of the open field goes to the wetland now but the plan will send ½ of this drainage to the opposite side. Mr. Johnston said that the State is okay with this as what goes to the wetland and brook will be better as it increases the flow.
Mr. Paradis asked about sediment control during construction. Mr. Johnston explained that there will be a silt fence on both sides. In the ditches, there will be rip-rap and then stone falls. There will also be jute matting that staples down and then they seed over it. The matting will deteriorate in time.
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SITE PLAN: FRIENDS OF NEWFOUND FOOTBALL continued:
Mr. Johnston continued by saying that J. P. Morrison is doing the work and they are anxious to get going as the window of time is getting shorter. When asked how long the project is expected to last, Mr. Mattson felt it would be about 2 weeks.
Mr. Paradis felt that the steepest slope of the road is about 8%. Mr. Johnston stated that he tried to keep it under 10% but it slopes 8-10%. The road is for emergency access.
The Board addressed the checklist. There are to be no structures at this time. There was a right-of-way but it left when Ms. Poitras sold the property. They still need State approval and an EPA plan. Both are pending.
J. McGwin made a MOTION, second by E. Seeler, to ACCEPT THE APPLICATION AS COMPLETE PENDING RECEIVAL OF THE STATE APPROVAL AND EPA PLAN. The motion CARRIED.
Mr. Favorite asked about the fertilization of the field. Mr. Mattson said that they are looking to hydro-seed but, beyond that, he did not know. Mr. Favorite stated that hydro-seeding is not true organic. There is, however, a mixture that can be used. Mr. Johnston said that the standard mix is allowed; the only place that they need the special mix is in the Shoreland Protection areas. Mr. Paradis felt that the on-going maintenance might be a concern.
The second checklist was then addressed. It was determined that the approval block and completion date should be submitted on the final plan even though public facilities are exempt.
Mr. Mattson stated that they would like to get started before the snow starts.
Mr. Belbin stated that he is not against the project but does have some concerns: With the depth of the cut at 23’, he feels there should be a fence across that. He does not want kids coming onto his property to smoke pot or drink beer. Also, the 40’ drop needs a fence. He would like to see a gate across the road entrance to keep it closed off at night so no-one would be able to drive across the field and tear it up. As to the buffer zone, he would like to know when they are coming to work on it so that he can be sure to keep his dogs in. He requested that there be no night lights and asked about sign lights. Mr. Johnston stated that the applicants would have to come back in to the Planning Board to request lights.
A permit for a sign was questioned. Ms. Bonsteel, Code Enforcement Officer, stated that directional signs are okay without a permit and there is nothing in the ordinance dealing with a scoreboard.
It was mentioned that the gates to the school property are never closed and the applicants said that they will think about a gate on the road. As far as the fence, none of the other school fields have fences. Every 2’, the terrain drops a foot, it was noted. Mr. Mattson asked how big a fence were they thinking of. Mr. Johnston felt that it would be 100’-200’ long. Mr. Mattson stated that they have limited funds and he did not know how they can do that. Mr. Paradis felt that the Board can only recommend that they put in the fence and the gate. Mr. Milbrand asked about R. P. Williams help and Mr. Belbin stated that there is a fence in one area that might be moved. Mr. Dingman asked if they can characterize the angle of the slope and Mr. Paradis did this with a ruler and a pen.
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SITE PLAN: FRIENDS OF NEWFOUND FOOTBALL continued:
E. Seeler made a MOTION, second by C. Dingman, to APPROVE THE SITE PLAN WITH CONDITIONS: THE STATE AND FEDERAL PERMITS, A MAINTENANCE AND FERTILIZATION PROGRAM, A SIGN-OFF BLOCK AND DATE OF COMPLETION. THE FENCE ALONG THE PROPERTY LINE IS RECOMMENDED. The motion was CARRIED and the COMPLIANCE HEARING WAS SET FOR NOVEMBER 19, 2008.
MINOR SITE PLAN REVIEW: SWISS VIEW VILLAGE CONDO ASSOC./BERNIE GALLAGHER AND EUGENE IANICELLO
The secretary read the application, list of abutters notified, where the hearing was advertised and that there were no phone calls or written messages received.
Mr. Gallagher stated they have the old motel style decking which needs replacing. Each of the 7 units are to get an enclosed porch. All will stay within the cement footprint with one exception: the stairs for the main building are to go to the front with a slight increase. The main building of 5 units are to have 14’ x 8’ enclosed porches. The side 2 units will have 18’ x 8’ porches. The upstairs will be bigger but not beyond the footprint and the roof will be over the new stairs. The present roof increases 2’ to the footprint and then another 2’ over the existing walkway to protect it from the drip line and icing.
Mr. Paradis explained that they are to provide the ZBA with copies of permits for 6 garages (another permit was provided but the signature has faded out and will be checked), a letter from DOT and approval by the Shoreland Protection Act. Mr. Gallagher stated that they met with DOT and they are preparing the letter; Shoreland Protection is requesting more information. Mr. Dingman asked if the Board can set a conditional approval over another conditional approval. Mr. Paradis felt that they can.
Due to the fact that the requirements were on 3 different sheets, a discussion was held and the Board determined that we need to have sheets 1, 2, & 3. Ms. Bonsteel suggested that they be labeled 1 of 3, 2 of 3 and 3 of 3. This was agreed to with the plan being page 1, the tax map page 2, and the engineered plan page 3. The sign-off block should be on sheet 1 and a space for initials on pages 2 and 3. The Planning Board will need 3 complete sets and then any that the applicants want.
Ms. Bonsteel mentioned that she will need detailed building plans. Mr. Gallagher explained that they anticipate this to be a Spring project.
J. DellaCroce made a MOTION, second by D. DeStefano, to CONTINUED THIS CASE TO DECEMBER 10, 2008. The motion CARRIED.
PCC: DAN & JOY O’ROURKE -----withdrawn.
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PCC: FRAN PARKHURST ----- no show.
Mr. Paradis explained that she is looking to add kerosene tanks. The Planning Board could waive Site Plan by written request at a PCC (as he explained to Ms. Parkhurst previously). Ms. Bonsteel stated that the tanks are to be located 25’ east of the propane tank. She has a concern of vehicles running into them and is asking for 2 new concrete tubs to be placed under each that is equal to or greater than the volume of the tank.
MINUTES OF OCTOBER 22, 2008:
The minutes were amended and clarified as follows:
Page 1, Other, add “Michelle Bonsteel, Code Enforcement Officer” and under the Morrison/Kevin French Compliance heading insert “Ms. Seeler stepped down.”
Page 2, under Public, 6th line, replace “says” with “requires the HDC to review”.
Page 4, 1st paragraph, 2nd line, following “suggested that” insert “if the Zoning Ordinance were amended”. Second paragraph, 3rd line, replace “without the guidelines, it” with “his failing to obtain HDC approval”. Last paragraph, 3rd line, following “determine” insert “the fees”. Last line, replace “comments” with “suggestions”.
Page 5, Smartgrowth, 5th paragraph, 1st line, replace “determined” with “suggested” and delete “Zoning aspects of Smartgrowth for now.” and replace with “Steep Slopes and Dark Skies ordinances.”
Under Wind Energy, 5th line, replace “and” with “but obviously in” and replace “is a” with “it’s”. 6th line, following “State’s” insert “model ordinance section”.
Page 6, Next meeting, 2nd paragraph, 1st line, following “version” insert “of the Steep Slope proposal”.
D. DeStefano made a motion, second by J. McGwin, to accept the minutes as amended. The motion carried.
COMMUNICATIONS:
American Planning Association ad – round file.
DISCUSSION:
E-Mail:
With only the members of the Board and Ms. Bonsteel remaining in attendance, Mr. Dingman read the Paul Weston e-mail that had been sent to Mr. Paradis and Mr. Dingman with Cc to Ms. Bonsteel, Jan Laferriere, John Clark, and the 5 Selectmen. Mr. Dingman stated that he was surprised that this had been sent to he and Mr. Paradis who are volunteers. Mr. Dingman further stated that he answered the e-mail and explained that there is a process that is followed. Mr. Dingman is concerned that a frustrated applicant can go to the Town Manager and this is the result without first looking into the situation. Mr. Dingman explained that we have had no direction previously but, with Ms. Bonsteel, this has been greatly improved.
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DISCUSSION:
E-Mail continued:
Ms. Bonsteel stated that she had spoken with the applicant 3 times at his establishment and twice in her office. She discussed this with Mr. Weston when the applicant began threatening. When she got the e-mail, she was greatly upset as she felt that it should have remained within the four walls of the office until Mr. Weston had spoken to the people accused and received the facts.
Mr. Dingman stated that there is an alternate to the HDC who works for the applicant and he was trying to solve the issue by going around to the various members (he had called Mr. Dingman and also Ms. Heaney at their home). Mr. Dingman shall address this and explain that members and alternates can explain the process to the applicant but cannot make any determinations.
Both Mr. Dingman and Ms. Bonsteel expressed their concern in the handling of this matter and Mr. Paradis agreed.
Proposed Ordinance for Signs:
Mr. Paradis expressed that he is not convinced that we need as much regulation as is proposed for signs. He felt that there are some signs that can be determined by the Code Enforcement Officer without needing to come in for a hearing.
Ms. Bonsteel stated that LGC (Local Government Center) says that, when dealing with non-compliant signs, it is best to go to Superior Court so as to get lawyer fees paid for by the applicant.
Mr. Dingman stated that the Barber won’t come in as he does not feel that a barber pole should need to. Mr. Paradis added that the process may be more difficult than it needs to be. He asked if we can offer an alternate ordinance for signs, such as: if you haven’t chosen one of our fonts, or color, etc. then you have to come in for a Certificate of Compliance. There should be a list of approved fonts, colors, etc. For now, of course, we must follow what is in the Ordinance, however. Mr. Paradis continued to say that he has heard about the Ordinance being too honorous and that two people run the HDC (Historic District Commission).
Ms. Bonsteel stated that the grumblings began especially since the Rusty Skillet came to the Downtown. That owner was very outspoken about the process being unfair. As it is, our fees do not cover all of the Administrative expense.
Mr. Dingman was upset and stated that all the time and effort that he puts into the HDC on a voluntary basis is not worth it.
Mr. Paradis thought that, if they could amend the ordinance for some of the signs, it would relieve it some. Ms. Bonsteel suggested such as the barber pole. Mr. Paradis said that he empathizes with the HDC but it puts Ms. Bonsteel in a bad situation as it is against the law. A strong discussion followed for some time.
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DISCUSSION, Signs continued:
Mr. Dingman expressed disappointment as to having a Town Manager who brings in volunteers instead of handling a situation. Mr. Paradis stated that the Town Manager is relatively new but he did make a mistake in this case. Mr. Paradis added that he does not want to undermine the HDC and said that some people are very difficult. He then asked Mr. Dingman if he felt that the Zoning Ordinance needs changing. Mr. Dingman felt that some needs to be changed; it belongs in the Design Guidelines which the HDC is working on. Right now, he is discouraged and feels that he needs support not criticism. When HDC began, there were all new volunteers involved as well as a secretary who was new. None of them were aware of the correct process and did the best that they could.
Ms. Bonsteel had attended a Highway Safety Committee meeting and one issue that came up was the Downtown. The Police Chief wanted to look into how Concord or Manchester handle things. Ms. Bonsteel mentioned that, in Franklin, they have a property maintenance law. She added that we are relatively low rent here. She wants to have a meeting with the landlords and try to get some general standards. We have some great operations in the Downtown (and she mentioned Sara Shattuck, and The Mill). Ms. Bonsteel thought that it might help if we broaden meetings to include citizens and business owners.
Mr. Paradis felt that, if the Town were more supportive of the Downtown by improving lights, sidewalks, etc., the businesses would be more supportive. Mr. Dingman agreed.
A discussion was held as to putting out a packet of information to applicants and it was generally felt that they would not read it. In the majority of cases, they do not read the information that we do give them.
Seating:
Ms. DellaCroce asked if there is any control over seating as she understands that Pat’s has increased seating. Ms. Seeler felt that the previous owner went through Site Plan and the number of seating was set.
Mr. Campbell said that he had the impression that the Barber had been to the HDC before he had come in to speak to the Planning Board. Mr. Dingman stated that he has not. Mr. Paradis stated that we should keep us together; our goals are the same.
REPORTS:
HDC: Mr. Dingman said that they are working on Design Guidelines and have revised their bylaws.
Selectmen: Mr. Milbrand had nothing except that they shall meet tomorrow. They are working on the Budget. Ms. DellaCroce asked when meetings were going to be on TV again. Mr. Milbrand answered that it is waiting Metrocasts’ side.
CIP: Mr. Campbell stated that they met last night and he distributed a preliminary copy of their plan. They have only looked at 2009 as they just received the requests a couple of weeks ago. Adjustments over the years are still to be worked out. The goal is to level-fund.
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REPORTS continued:
PlanNH: Ms. Bonsteel said that she has spoken with them and we should get their report shortly.
NEXT MEETING:
The next meeting is to be held Nov. 19th due to Thanksgiving. Mr. Paradis asked Mr. Favorite to remind Mr. Meegan to come in with his presentation.
Mr. Paradis continued by saying that we shall need to hold the first hearing on ordinance changes on January 14th and the final/second hearing (if necessary) on January 28th. Monday the 2nd of Feb. is the actual cut-off but our last meeting before that is the 28th of Jan.
ORGANIZATION OF PROPOSED ZONING CHANGES:
Mr. Paradis felt that we should set some priorities.
Boilers: The State has this pretty much covered.
Wind Turbines: This is almost ready and on track.
Signs: This is way too complicated and Mr. Paradis feels that we should do better. He has e-mailed a copy that is simpler. Mr. Dingman asked if we adopt a simpler version, can it replace the previous proposal. Mr. Paradis said that it can but he is not sure of what we need. Ms. Bonsteel said that we need something to cover sandwich signs, billboards, off-premises signs, flaws such as Mr. Santamaria’s out on Rte. 104, and issues with calculating on building facades. She said that Real Estate signs are okay as they are now. Mr. Paradis stated that the ZBA needs something with greater clarity. Ms. Bonsteel stated that you get clarity through definitions. Mr. Paradis felt that definitions can get to be too much. Ms. Bonsteel thought that we need some middle ground. The Board felt that we need to try to improve what we have. Mr. Paradis has a Dublin HDC on signs which he will give to Mr. Dingman. Maybe something can be done by size. We also need to think about signs on the inside of a window: size and time span. Ms. Bonsteel stated that the norm is to only cover 1/3rd of a window.
Fences: Mr. Paradis stated that the ZBA agrees with our take on fences. Ms. DellaCroce is to modify the ordinance for this (sight on corners).
Steep Slopes: Mr. Paradis said that he likes the model better than what is proposed. Ms. DellaCroce stated that half of what she researched is defined as 15% and the other half is at 25%. Ms. Bonsteel asked if we deduct for steep slopes. Mr. Paradis read the present ordinance. He added that he liked the minimum square footage; he is not sure about allowing driveways at 15%. As to #5 of the proposal, he stated that we have no authority. He did like the performance standards. Mr. Paradis added that the Pemi-Overlay forbids construction over 15%.
Lighting: Mr. Paradis thought this to be reasonable and not too complex. The example of Hooksett is over the top, he felt. He suggested we study the other one (3 or 4 pages long).
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Concrete Wall between Units: Ms. DellaCroce will try to explain why this should be removed.
NEW BUSINESS: None.
With no other business, J. McGwin made a motion, second by J. DellaCroce, to adjourn at 10:07 p.m.
Respectfully submitted,
Jan Laferriere, secretary