PLANNING BOARD MINUTES

August 27, 2008

 

APPROVED:

__________

 

AGENDA:                   Workshop

                                                                       

ATTENDING:             Dan Paradis (Chairman), Betty Seeler (Vice Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Clay Dingman, Jerry McGwin

                                    Alternates:  ----

                                               

ABSENT:                    Denice DeStefano (vacation)

                                    Alternates:  Tom Babcock (excused), Murray Campbell (excused), Steve Favorite, Don Martin

 

 OTHER:                      Michelle Bonsteel (Land Use Officer)

 

 

            The meeting opened at 7:00 pm.   There were no alternates present to sit in for Ms. DeStefano.

 

MINUTES OF AUGUST 13, 2008:

            The following amendments and clarifications were made:

Page 1, last line, replace “erupted” with “ensued”.  Page 5, 1st line, replace “to meet” with “their application for” and change “Alteration and Terrain permit” to read “Alteration of Terrain permit”.  Under Correction of Numbering: 2nd line, following “issue” insert “of Black Brook Villas”.

            E. Seeler made a motion, second by C. Dingman, to approve the minutes of August 13, 2008 as amended.  The motion carried.

 

WORKSHOP: Zoning Amendments

#1  Sign Ordinance:  Ms. Bonsteel explained that the town is divided on sandwich signs, banners, flags, and painting on the glass.  The current ordinance does not specifically address these nor billboards or home occupation signs.  She feels that not all billboards are bad but we need to know where they may be placed.  She feels that they should need to get permits for these and to have it confined to just the local businesses.  She submitted a draft copy for the members and stated that it is just a starting point.

            Mr. Paradis noted that one problem is that some of it is subjective and he pointed out a couple of examples for the Board to think about.  Mr. Dingman asked what the goal is.  The Board discussed over-regulation problems.  Mr. Dingman asked Ms. Bonsteel what she needs addressed most and Ms. Bonsteel answered that sandwich boards and home occupation signs are the most prevalent at this time.  She continued to say that charity organizations are exempt; if it is for profit, that is different.  She feels that the sandwich boards should be brought in if high winds are predicted or when there is to be snow.  Whoever puts out the sign is liable if something happens.  Mr. Milbrand stated that our current ordinance is out of date.  Ms. Seeler said that it was put in as a beginning point.  The Board agreed that this needs to be addressed. 

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#1  Sign Ordinance continued:

            Ms. Bonsteel stated that banners are Americana, as well as painted windows.  Mr. McGwin added that they are unique.  Mr. Dingman volunteered to work on this and Mr. McGwin will, as well.  Mr. Dingman stated that it is under the Historic District, as well. 

            Ms. Bonsteel informed the Board that the Concerned Citizens group held a meeting and they feel that the PlanNH Charrette is a conspiracy to drive businesses out.  They feel that the town administration is trying to “uppify and gentrify” the downtown.  She has spoken with them and tried to explain that the purpose if for improving the downtown to accommodate the businesses.  She and the Town Manager, Paul Weston, intend to do a walk through the downtown and speak with the owners again.

            Mr. Paradis asked if everyone has seen the new Town Crier Board.  Some had.  It was noted that it is not complete, as yet.  Ms. Bonsteel added that they intend to place the ads in different colors: one color for sales, one color for yard sales, one for events, etc. 

            Ms. DellaCroce mentioned that she liked Ms. Bonsteel’s previous suggestion of a Direction sign.  Mr. Milbrand thought that it or an Index Board might be used.  Ms. DellaCroce stated that these should be brought to the Charrette. 

            Mr. Dingman asked when we need the draft copies completed and Mr. Paradis stated that we usually hold the public hearing in November so would need something to work on before then.

 

#2  Fence Ordinance:

            Ms. Bonsteel explained that this has come up due to problems that have evolved for the Shore Drive property and Swiss View.  The State is not clear on what is exempt, she added.  Mr. Paradis asked if there is a height issue and she answered that the State says that anything 5’ or over is considered a spite fence; we allow a 6’ fence before it is considered a structure.  A discussion followed as to where a fence should be located (property line or with setbacks, all fences or depending on safety issues, etc.).  Ms. DellaCroce and Ms. Seeler were interested in working on this ordinance.  It was felt that they need to look at other rural towns.  Mr. McGwin stated that something needs to be said when a spite fence jeopardizes safety.

 

#3 Outdoor furnace regulations and #5 Windmill regulations:

            Ms. Bonsteel stated that the State is regulating this.  The members were given copies of the State law (HB 1405, Chapter 362, Laws of N.H. 2007).  Ms. Bonsteel stated that this law requires the structure to be 200’ from any other structure.  Some manufacturers are building these without the catalytic converters that the State requires.  Mr. Milbrand added that manufacturers continue to work on the technology. 

            Mr. Dingman asked if we might want to include solar heat, also.  The Board contemplated that perhaps an ordinance to cover various alternate sources should be included and added in windmills (item #5 on the list).  Ms. Bonsteel felt that we could call it an alternative energy ordinance.  Mr. Paradis will help Mr. Milbrand with this one.  Mr. Paradis added that the OEP regulation on this is to come up in October which may help.  The State law is starting to point in this direction.

 

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#4  Rescind firewall requirements:

            Ms. DellaCroce will take this item as well.  Ms. Bonsteel stated that it could just say something like we regulate according to the EPA regulation which gives it a positive look.

 

#6  Smart Growth Audit recommendations as described in May 28, 2008 minutes:

            Ms. Seeler stated that the recommendations are throughout the ordinance.  Ms. Bonsteel offered to work on this and the Board added Ms. DeStefano, as well.

 

#7  Setbacks for small sheds/garages:

            Mr. Paradis explained that this has come about due to a letter given the ZBA and asking that this be looked into.  A discussion ensued and Ms. Bonsteel felt that, for fire regulations they should be kept at least 5’ from the boundary.  Also for maintenance purposes.  It would be nice to ask for vegetation to screen them from the neighbor’s, as well.  Ms. DellaCroce asked about the example of Bristol Shores.  She was told that these are not individual lots. 

            Ms. Bonsteel informed the Board that she is setting up a meeting with the Assessors, Fire Dept., DES, etc. about Bristol Shores and the problems out there.  Mr. McGwin stated that he was at a ZBA hearing and felt that the ZBA handled the issues very well.  Mr. Paradis’ concern was that the ZBA does not get inundated with issues.  Ms. Bonsteel stated that the ZBA is bombed with non-conforming lot issues at the moment.  A discussion on the flood of development in the Lake District was held.  The Board determined to put this issue on hold for now.

 

#8  Building Codes:

            Mr. Paradis explained that we have an ordinance, already examined by the town attorney, which is set to go.  Ms. Corrow (previous Town Manager) asked that the Board not present it last year and the Board thought that it might have been a financial issue and need to hire another person.  Ms. Bonsteel stated that she has the background to do this and that the operating costs should cover whatever costs the town has.  Ms. Corrow was concerned about liability but there is a State code.  Ms. Bonsteel has had lots of complaints and she is qualified to enforce them.  She does not believe in over-regulating either but she feels that this is to protect the citizens of the town.  The Board wishes to know what the Selectmen feel about this and Mr. Milbrand will get back to them.

 

#9  Revise front setback in Downtown Commercial District:

            Mr. Paradis explained that there is a 20’ setback in the ordinance at present, which seems unreasonable.  The Board determined to leave this for now until we get the results of the charrette as the area is completely built up and any of them could rebuild in the present footprint if done within a year.

 

   

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#10  Groundwater Protection Ordinance:

            Mr. Paradis read the e-mail sent to Don Martin from Sandy Crystall of Bow who asked that it be considered.  Mr. Paradis added that Plymouth has put in a fairly sophisticated ordinance on this subject.  Mr. Milbrand stated that we have a 4,000’ well-head protection now.  Ms. Bonsteel felt that the Board should talk with Jeff Chartier, Water/Sewer Superintendent.  Mr. Milbrand mentioned the problem with the culverts around the Lake which may need looking at.  Mr. Paradis felt that we should find out more about this first.

 

            Mr. Paradis then asked if anyone knew of any other issues that need addressing.

 

Sidewalk tables:        

            Ms. Bonsteel stated that Deb Mancuso, Taste of Italy, said that she has been given permanent permission for outside tables by the Selectmen.  She had a question as to town property or state owned property and wrote to LGC.  Attorney Sanderson answered and said that we need to have our insurance carrier look at this.  There are several areas to be addressed:  liability, safety, and site location.  We should have a rider on the applicant’s insurance to cover us.  Mr. Paradis stated that this case was part of a Site Plan and, as the area in question was under the Selectmen’s jurisdiction, she was sent to them as well.  The Board had their regulations and the Selectmen also had a list that they required.  There was to be a 5-month trial period.  Ms. Bonsteel felt that there should be guidelines set because she is getting more requests to have tables outside.  Mr. Paradis felt that this should be placed in the Site Plan/Subdivision Regulations and refer to the Selectmen.  It was felt that they also will need to come in to the Historic District Commission.  Several of the members felt that the town should charge a yearly fee for being able to do this.  Ms. Bonsteel felt that there should be guidelines for the Selectmen, regulations under Site Plan, and she would not sign a permit until an insurance rider is done.  She and the Selectmen should work on this.  She added that there have been too many decisions being made by town officials outside; she has had cases where an official has given the okay without going through the proper channels.  Mr. Milbrand felt that there is too much Selectmen regulating that has been going on. 

 

Architectural standards:

            Mr. Dingman asked about architectural standards.  Ms. Seeler felt that this could be done after doing building codes.  The rest of the members preferred waiting for the results of the charrette.  Mr. Dingman asked if it is possible to get something simple started.  Mr. Paradis stated that Meredith did this and worked with the merchants and it all worked out.  It is a good place to start.  A discussion of how blending can be done for even businesses like McDonald’s and Wendy’s.  Ms. Bonsteel said that she will pick up a copy of Meredith’s standards.  Mr. Dingman is willing to work on this as a start.

 

 

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8/27/08

COMMUNICATIONS:

            The 33rd Municipal Law Lecture Series was read and the secretary will hold the information for any who are interested.  A letter to Bernie Gallagher from the NH Natural Heritage Bureau in regard to rare species was read.  The DES copy of complaint file for Blueberry /Bristol Shores was read as well as a driveway permit for Peter & Gail Walcott on River Rd.  A copy of the Town of Bristol Smith River Erosion Control Project was looked at.  Mr. Paradis took the Source to read the section on groundwater.  A copy of a letter to Mr. Bolduc from the NH Division of Historic Resources was read as well as the notice for the NHARPC Conference, which will also be held in the office.

 

REPORTS:

Historic District Commission:  Mr. Dingman had nothing to report at this time.

 

Selectmen:  Mr. Milbrand stated that the Selectmen will be having a workshop tomorrow night.  They will be working on sewer to the Lake mainly.

 

Capital Improvement Plan:  In Mr. Campbell’s absence, Mr. Paradis stated that they will be meeting per their September schedule.

 

CORRECTION OF NUMBERING FOR JEFF SHACKETT:

            Mr. Shackett had paid the fees required and the Board compared the original plan to the modified one.

            C. Dingman made a MOTION, second by D. Milbrand, to APPROVE THE MODIFIED PLANS FOR THE BLACK BROOK VILLAS TO CORRECT THE NUMBERING AND RELOCATE TWO OF THE BUILDINGS DUE TO THE TERRAIN.  The motion CARRIED.

            The Board signed the plans and the secretary will have them recorded.

 

NEXT MEETING:

            To date, the next meeting will have the continued subdivision for J. P. Jr. & Elizabeth Morrison, a minor site plan for PSNH, and a PCC with Larry Kaufmann of Frosty’s. 

 

            With no other business to come before the Board, C. Dingman made a motion, second by J. McGwin, to adjourn at 9:15 p.m.

 

                                                                        Respectfully submitted,

                                                                        Jan Laferriere, secretary