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PLANNING BOARD MINUTES

July 9, 2008

APPROVED:

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AGENDA: PlanNH

CONT. SITE PLAN: SNHS ELDERLY HOUSING VI, INC., Lake St./Ballou

Rd., #216-101.2, .3, .4

PCC: KERRY MATTSON/FRIENDS OF NEWFOUND FOOTBALL

SUBDIVISION & LOT LINE ADJUSTMENT: MICHAEL & DARLA JAQUITH, S. Main St., #227-005 & -005.1

BOUNDARY LINE ADJUSTMENT: MICHAEL & DARLA JAQUITH,

S. Main St., #227-019, -020, -021

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 (excused), Don Martin

OTHER: Paul Weston (new Town Manager), Mason Westfall (Conservation Commission)

The meeting opened at 7:00 pm.

PlanNH/Chris Williams, Architect:

Mr. Williams stated that he and Jeff Taylor, Planner, will be heading up the project. They have set the dates for Sept. 19 and 20. Mr. Taylor could not attend tonight. Mr. Williams stated that he has done 16 of these now and Mr. Taylor has done about 30. There will be 15 to 20 professionals coming here to look at Bristol’s Downtown and River area for two days. The cost is $2500. Mr. Williams and Mr. Taylor are asking the town to do some things for support, namely publicity and getting the public involved. They would like 50 to 100 people. The professionals shall have to be fed and there should be something available for the public, as well. They will invite the NH DOT due to the State Highways going through the area. Needed are base mapping, historic data, tables to work on, a CD player, and a place large enough to accommodate everyone. Each member should bring 10 people to the listening sessions. The professionals will try to come up with a different series of suggestions: some will be practical and some to implement over time.

Mr. Paradis stated that he hopes that this will break the past problem where the townspeople won’t vote for anything without a plan first and they won’t vote money without a plan. He asked if we get a follow-up report. Mr. Williams answered whatever we want. Needed will be 2 or 3 people to organize it. Mr. Paradis volunteered his services as contact person and introduced Paul Weston, Town Manager, who can also be called. It was also determined that Selectman, Don Milbrand, could be called , as well.

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PlanNH continued:

Mr. Williams stated that the first item to be determined is where to hold it. Mr. Paradis felt that his best guess would be the Old Town Hall. The Board agreed.

Mr. Williams will try to attend the Planning Board’s next meeting, July 23^rd, with Mr. Taylor for further discussion.

Mr. Paradis thanked Mr. Williams for coming in.

CONT. SITE PLAN: SNHS ELDERLY HOUSING VI, INC./BILL HART, ROB SCHAEFER, STEVE LAFRANCE

Mr. Paradis explained that the applicants were sent to get 2 Variances: one for the masonry walls between units and one for leach field closer than 125’ from a wetland. The masonry walls variance was approved but the wetlands variance was denied.

Mr. Hart, owner of the project, stated that he is a non-profit developer for HUD. They would like to continue with the Planning Board as they have been to Planning previously as well as to the ZBA, Conservation Commission, and a couple of Technical Reviews. They do have 3 new designs for the site. Originally, this project had the support of the Selectmen. The applicants are willing to provide a water line and a Senior Community Center at the applicants cost. If needed, they will look to do more elderly housing in other locations in town; they have 5 or 6 applicants already.

Mr. Paradis asked how they plan to approach the denied variance. Mr. Hart stated that they wanted to continue with the Planning Board. Ms. Seeler stated that the Board cannot go over a ZBA denial. Mr. Paradis added that we do not want to delay the project but we need to hear what is intended to rectify the denied variance. There will also be a problem with the water line by the drainage area. A Special Use Permit could be done by this Board, he added.

Mr. Schaefer, Architect, stated that the wetlands in question do not meet the criteria for the Wetlands Overlay. He cited several areas of the Zoning Ordinance and stated that a wetlands is standing water as depicted on the Town Wetlands Map of 1998. This is not on the map. It also must be 1-acre or more and this is not. It is not contiguous with lakes, rivers, or streams. In the Wetlands Overlay, it says that the Planning Board should determine this.

Mr. Paradis agreed that the Wetlands Overlay alludes to the Planning Board but there is also the statement that it must be 125’ from any wetland. The Wetlands Overlay section has not been changed except for leach fields.

Mr. Westfall stated that the applicants came to a Conservation Commission meeting and they found no wetlands on the property; there is just the pond area and an intermittent stream nearby and they are not wetlands. They will not perk into the ground. There are only drainage courses. The Commission did not feel that there was any wetland on the property or on the other side of North Main St.

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ELDERLY HOUSING continued:

Steve LaFrance, Horizons Engineering, asked if they are in the Wetlands Overlay. A wetland must be 1 or more acres in size and not an intermittent stream. If the Planning Board says that they are not in the Wetlands Overlay, it will make a difference. They have 3 designed plans: their concerns were for drainage. There was not a problem when the area was subdivided. Mr. LaFrance asked if there are any more lots left in the subdivision and was told that there are not. He then stated that Mr. Walenda’s leach field is within the 125’.

Mr. Paradis stated that the 125’ seems to be an add-on to the wetlands section. There is a question with the 1-acre minimum to apply here. Mr. Westfall stated that they look at the nature of the wetland, such as a bog of less than an acre could be considered a wetland. Mr. LaFrance stated that the wetlands have been delineated and classified and identified on the plan. Mr. Schaefer felt it would be a problem if we take the whole Ordinance to apply to any wetlands. They are trying to spell out certain areas to preserve.

Mr. Westfall asked if the 125’ is not relevant to the river but only to the hill. Mr. Schaefer agreed and pointed out all of the areas. Mr. Westfall felt that intermittent streams are not considered wetlands; some are just Spring run-off. If they are close to a leach field, they should be piped. Mr. Paradis stated that they were designated by a Wetlands Scientist He then read Article IX, 9.4C and felt that #3 of that section may fall in the Planning Board and the Conservation Commissions lap.

Mr. Schaefer stated that we must determine the precise location; 1” per 1000’ is rough. Mr. Westfall stated that the map is not precise but they go by the physical evidence and the rule of 1 acre or more. Mr. Paradis then read 9.4A & B. Mr. Westfall felt that the applicants have jumped through the hoops and that none of these wetlands are an acre or more. Mr. Dingman stated that section 9.8 is very clear, stating “any wetland or Wetlands Conservation Overlay District boundary.” Mr. Dingman asked the source the wetlands were determined by and Mr. Paradis answered a wetlands scientist. Ms. Seeler said that it is not 1 acre. Mr. Dingman added that it says any wetland. Mr. Paradis explained that this is why the Board sent them to Zoning.

Mr. Schaefer asked if, now that the Conservation Commission is aware of this, would they include these as wetlands now? We could bring someone in from the outside such as DES to determine. Mr. Westfall stated that the Commission goes with ponds, rivers and streams. This decision can be made by the Planning Board with the Conservation Commission per the RSA. Mr. Paradis answered that it is in the Zoning Ordinance which must be determined by the ZBA. He added that the best determination is in 9.4, C3. Mr. McGwin asked about 9.4B for determining size. Mr. Westfall stated that it must be a contiguous acre. Mr. Milbrand said that it defines what brings in the Conservation Commission so that the Planning Board does not have to deal with the Wetland Overlay.

Discussion continued. Mr. Milbrand felt that the Board must determine if these are wetlands and Ms. DellaCroce asked why we wouldn’t accept what the wetlands scientist says.

Mr. LaFrance mentioned the spirit of the ordinance. He stated that if we decide this is a wetland, then the leach field moves closer to the river and that is not the applicant’s best plan. Mr. Milbrand asked if the drainage ditch is not considered a wetland and Mr. Westfall said that it is if they feed or exit a wetland. The Commission feels that this is not. You have to look at the intent; the Master Plan’s purpose.

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ELDERLY HOUSING continued:

At this point, Mr. Paradis felt that we should send this to town counsel. He did acknowledge that the 103’ instead of 125’ is uphill to the wetland. Mr. Westfall stated that the intent is to prevent contamination of wetlands. Mr. Paradis said that this is under RSA 674:16, 17, 20, and 21, He still feels it should go to counsel.

The applicants were asked to show the Board Plan C and they distributed copies of a colored page. This new plan was shown and Mr. LaFrance pointed out the setbacks for the State and Town requirements. The building will be shifted to the right and Phase II will be dropped.

Mr. Schaefer stated that they shall need a Special Use Permit from the Planning Board as the structure will be near the water line and drainage ditch. Mr. LaFrance mentioned that the wetlands scientist shows this on the plan, as well. The applicants felt that the Board should have had jurisdiction over it all. Mr. Paradis stated that the ZBA acted on it so they must have felt that it was under their jurisdiction, as well. The Planning Board cannot override the ZBA.

Ms. DellaCroce felt that we should be looking at Plan C if they were not going to appeal the ZBA decision. Mr. Schaefer wanted a determination from the Board. Ms. DellaCroce answered that the Board feels we need legal counsel who could shed some light on this issue. The Board then said that, if they must make a decision, they are stuck with Plan C. Ms. DellaCroce asked why they do not want to appeal and was told time and money. More discussion followed.

Mr. Hart stated that he is of the opinion that he should go with Plan C. Mr. LaFrance then presented Plan C showing that the building has been moved a bit to the south and they have taken off Phase II. They have reduced the parking to 22 spaces and reconfigured the drainage ditch and where to move the propane tank and dumpster. All of the changes have been made to accommodate the septic. They will cut and cover the water main. Mr. Paradis mentioned that the Town asked the applicants to place the water main in that location.

Distributed were copies of the architecture. Mr. Paradis reminded them that they shall need to go back to the State with the change.

Mr. Paradis asked for public comment and there was none.

Mr. Paradis stated that we shall go with Plan C as the applicant’s proposal. Mr. Hart stated that the fire lane will have to be checked by Norm Skantze, Fire Chief. Also, the 50’ setback for structures.

Mr. Westfall again stated that they do not consider these wetlands. Mr. Paradis read 9.8B and said that the Board can grant a Special Use Permit with public notice and a public hearing. The Conservation Commission and Health Officer must be notified 30 days before the hearing. Ms. DeStefano stated that they do not have to have a public hearing; just the 30 day notice to them. The Board discussed the fact that we have no form for a Special Use Permit and therefore they thought that a letter to Ms. Bonsteel, Land Use Officer, would be sufficient. The hearing will be held Aug. 13. The Board shall need 20 copies of the new plan and the advertisement. We shall coincide with the Conservation Commission and Ms. Bonsteel (who is also the Health Officer).

Ms. DellaCroce asked why, if they are to have 22 parking spaces, why it shows 30 in the notes. Mr. LaFrance stated that this is a mistake and will be corrected.

E. Seeler made a MOTION, second by J. McGwin, TO CONTINUE THE HEARING FOR SNHS ELDERLY HOUSING VI, INC. TO AUGUST 13, 2008. The motion CARRIED.

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PCC: KERRY MATTSON (FRIENDS OF NEWFOUND FOOTBALL/COREY JOHNSTON (NORTHPOINT ENGINEERING)

Mr. Johnston stated that, though they know they are exempt from hearings, they wished to come in and make the Board aware of their plan. They plan on putting in a football field utilizing a small portion of the acreage across from the high school that is owned by the school district. They will be doing their own funding.

They are aware that the school can take the land back at any time. RSA 674:54 deals with this and they are looking for the Board’s input. Athletic fields are not in the Rural district but they are not sure where they fall. Mr. Paradis looked it up and felt that a recreation facility is the best description and it is allowed by Special Exception. Mr. Johnston stated that it looks like there are evergreens all along the boundary line to the rear.

Mr. Paradis asked if there are any wetlands. Mr. Johnston answered that they are well away from Ten Mile Brook and from a stream on the far side of the property. Mr. Paradis asked about bathrooms and Mr. Mattson said that they will use Porta Potties. Mr. Dingman asked about access and Mr. Johnston said that there is a gravel road at the beginning of the property, which they shall use. Mr. Milbrand asked about parking. Mr. Johnston felt that they would use the school parking and maybe have a handicap parking. There is a gravel area where the access road is that they can use. Mr. Dingman asked when they expect to put the field in. Mr. Mattson thought it would be next year. The community has been very supportive, he added.

Mr. Paradis thanked them for coming in and making the Board aware of their project.

BOUNDARY LINE ADJUSTMENT: COLIN BROWN FOR MICHAEL & DARLA JAQUITH:

Mr. Brown addressed the plan for the land across the street from the Jaquith’s house and stated that the blue section is to go to the Klingers as they use it for their driveway. The remaining portion of the property is to go to the McAloons.

Their were no questions from the Board and no public left to comment.

C. Dingman made a MOTION, second by D. DeStefano, to ACCEPT THE BOUNDARY LINE ADJUSTMENT AND ANNEXT PLAN OF MICHAEL & DARLA JAQUITH AS PRESENTED. The motion CARRIED.

SUBDIVISION AND BOUNDARY LINE ADJUSTMENT: COLIN BROWN FOR MICHAEL & DARLA JAQUITH:

Mr. Brown explained that there is 8.2 acres to this lot with an existing house and outbuilding. Lot 2 will have 2.1 acres and Lot 3 will have 5.01 acres. Parcel A will be added to Ms. Jaquith’s Mom’s lot (#227-005.1).They have a State Subdivision approval for Lot 2 (also Septic approval) and a State driveway permit for Lot 3.

The checklist was addressed.

J. McGwin made a MOTION, second by D. Milbrand, to WAIVE #10, 11, 14, 16, 18, 23, AND 24. The motion CARRIED.

E. Seeler made a MOTION, second by C. Dingman, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.

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JAQUITH SUBDIVISION/BOUNDARY LINE continued:

There was not public comment.

The Board then went over Ms. Bonsteel’s letter of items needed to see if they had been complied with. All seemed to be complete. Mr. Brown stated that the only setback is from the wetland to the back of the property. Ms. DellaCroce asked about the Highway right-of-way and Mr. Brown stated that only the width measurement is missing and Mr. Paradis reminded her that the Board had waived that. Mr. Brown stated that this can be referred to his plan to the State.

E. Seeler made a MOTION, second by D. DeStefano, to APPROVE THE SUBDIVISION/BOUNDARY LINE ADJUSTMENT FOR MICHAEL AND DARLA JAQUITH AS PRESENTED. The motion CARRIED and the Board signed all plans and Notices of Decision for both of the Jaquith hearings.

MINUTES OF JUNE 25, 2008:

The following amendments and clarifications were made:

Page 2, under PCC, 2^nd paragraph, first line, replace “Shoreline” with “Shoreland”. 5^th paragraph, 2^nd line, replace “require” with “allow”. Page 3, under Selectmen’s report, 3^rd line, replace “FEDS” with “Feds” and 5^th and 6^th line, delete the sentence beginning with “Mr. Paradis said that”.

D. Milbrand made a motion, second by C. Dingman, to accept the minutes of June 25, 2008 as amended. The motion carried.

COMMUNICATIONS:

Mr. Dingman took the Town & City magazine to read.

REPORTS:

Historic District: Mr. Dingman stated that they continued one case (sign for Sara Shattuck) as she was not ready yet. The town kiosk was approved. There was controversy with the TTCC wall as, at first, the applicant did not want to commit but he has agreed to come back to the Commission in a year for an update. Mr. Dingman mentioned that Mr. VanDerven stated that Mr. Suldenski is looking to give away old brick.

Selectmen: Mr. Milbrand said that they did not have much to report at this time. The purchase order for the steel has been accepted but it is probably past time to finish the Central Street bridge. It will probably not get done until next June. The State is to pave West Shore Road. Ms. Bonsteel is checking up on the Taste of Italy. She is also looking into the new restaurant (The Rusty Skillet). There has been no word on the mica building but it is on Selectman Frazier’s to-do list.

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REPORTS continued:

Capital Improvements: Mr. Campbell stated that the Committee will meet July 15^th. Mr. Weston will be with us. The Highway backhoe is in bad shape and they cannot share the use of the one belonging to Water/Sewer as it is smaller. Mr. Campbell suggests that Water/Sewer get a larger machine and kill two birds with one stone. The larger one is needed for snow removal. Repairs to the Highway machine are about $15,000 versus a new one at about $95,000. The Highway machine was due to be replaced in 2012, he believes.

There was no new or unfinished business at this time.

NEXT MEETING: The next meeting is a workshop to be held on July 23, 2008. PlanNH may be back in and we are to do bylaw changes, specifically for notes and tapes of meetings.

With no other business, C. Dingman made a motion, second by E. Seeler, to adjourn at 9:45 p.m.

Respectfully submitted,

Jan Laferriere, secretary