PLANNING BOARD MINUTES
September 24, 2008
APPROVED:
_______________________
AGENDA: Decision for Minor or Full Site Plan Review for Swiss View Village Condos
Discussion of Proposed Ordinance Changes & Progression of Assignments
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Jerry McGwin.
Alternates: Tom Babcock, Murray Campbell, Steve Favorite
ABSENT: Clay Dingman (away)
Alternates: Don Martin
OTHER: ----
The meeting opened at 7:00 pm. T. Babcock replaced C. Dingman.
DECISION OF MINOR OR FULL SITE PLAN REVIEW: SWISS VIEW VILLAGE CONDOS
Bernie Gallagher, President, and Eugenio Ianniciello, owner, were introduced. Mr. Gallagher explained that they have one building that has 5 units and one with 2 units. They wish to have a small enclosed porch with each building; everything contained in the initial footprint except for the second floor 8’ wide deck and the roof overhang to eliminate ice falling onto the sidewalk. They are scheduled with the ZBA for a hearing Oct. 7th. They had wanted the Site Plan for Oct. 8th.
Ms. Seeler asked what they are in front of the ZBA for and was told that it is for expansion on a non-conforming lot. As far as the applicants can see, all Lake property is made up of non-conforming lots.
Mr. Paradis stated that a Minor Site Plan does not require an accurate plan but they have submitted one anyway. Both Ms. DellaCroce and Mr. Babcock felt that this is a Minor Site Plan issue. Mr. Ianniciello stated that the upper deck needs to be replaced and they want to look like something other than a motel. Ms. DeStefano had no objection to a Minor Site Plan. Mr. Paradis agreed. He then asked if they have applied for a DES permit and Mr. Gallagher answered that they have put in for Zoning and Wetlands permits. These have been submitted.
Mr. Babcock asked about the proposed parking spots. Mr. Gallagher stated that the parking hasn’t changed; they have just marked it.
J. McGwin made a MOTION, second by E. Seeler, to ALLOW THE SWISS VIEW VILLAGE CONDOS TO APPLY AS A MINOR SITE PLAN REVIEW. The motion CARRIED.
Mr. Paradis explained that the checklist that they submitted is the first part of a Full Site Plan and he gave them a copy of the Minor Site Plan checklist. A discussion of pouring the concrete work early was held and the Board determined that it is best not to start before the hearing.
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DECISION: SWISS VIEW VILLAGE CONDOS continued:
As the applicants stated that they had been told to get the application in by Sept. 15th, which they did, they were expecting the hearing to be held Oct. 8th. The secretary explained that it had to be in to her by the 15th but must go to Ms. Bonsteel first. She received it on Sept. 18th, after the deadline for getting it into the paper and to the abutters. The Board apologized for the mix-up and, after the secretary counted out the time span needed for holding the hearing at the Planning Board Workshop meeting, they felt that it could be held at that time.
D. Milbrand made a MOTION, second by T. Babcock, to HOLD THE SWISS VIEW VILLAGE CONDOS HEARING ON OCTOBER 22, 2008. The motion CARRIED.
Mr. Gallagher then submitted a check for $10.00, for an additional mailing for the ZBA hearing, to the secretary.
MINUTES OF SEPTEMBER 10, 2008:
The following amendments and clarifications were made:
Page 5, 1st paragraph, 4th and 5th lines, replace “impervious area” with “lot coverage by structure” and at the end of that sentence, insert “allowed in the Village Commercial District”. At the bottom of page 5, next to last line, delete “town”. Page 6, under PlanNH Charrette, 3rd line, replace “we” with “our proposal”.
D. DeStefano made a motion, second by J. McGwin, to accept the minutes of Sept. 10, 2008 as amended. The motion carried.
FORMS MIX-UP:
Mr. Favorite asked how we can resolve the mix-up of forms given to applicants as it is embarrassing. The secretary no longer handles the forms and she did not know what Ms. Bonsteel has as some of the forms were changed by the Town Manager’s Administrative Assistant. She will check into this and Mr. Paradis stated that he will e-mail her copies of what he has./
WORKSHOP:
Fence Ordinance: Janice DellaCroce and Elizabeth Seeler
Ms. Bonsteel had given the Board a rough draft to work on. Ms. DellaCroce submitted this with her comments in blue and a revised copy that she had done. Ms. Seeler stated that Ms. DellaCroce has done the work on this as she has not had the time. Ms. DellaCroce stated that she has taken the hedges and shrubs out as it would be difficult to enforce with something that continues to grow. She also felt that they are generally accepted by folks. Ms. DellaCroce took the setbacks from the current regulations and inserted that the smooth part of the fence is to be facing the neighbors. She questioned having different heights for different sections. On the revised copy, Ms. DellaCroce questioned II.D as to whether the approval should be to the Zoning Board. It was felt that DES allows accessory structures 20’ back.
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Fence Ordinance continued:
At this time Ms. DellaCroce asked if we need a fence ordinance or are we being reactionary. Mr. Paradis felt that she had a good question. Ms. DeStefano said that she is opposed to this ordinance change as we have enough more important issues to deal with. Ms. DellaCroce mentioned that we might want to make one exception: to a fence that is on a corner where there is a visibility issue. Mr. Campbell felt that this whole thing came from the fence on Shore Drive that inhibits egress. Ms. DellaCroce felt that, in that particular case, the addition to the neighbor’s house shouldn’t have been allowed. The same problem of egress happens in the Downtown area. A discussion followed. Mr. Paradis felt that he could agree to a corner setback. As to imposing setbacks for a fence otherwise, the Board felt that this only gives the neighbor use of the fence owner’s land. Mr. Campbell asked if anyone has looked at the State building code in this regard. No-one had. Mr. Babcock felt that the fence on Shore Drive is a civil action and should be taken to court. He agreed that a corner lot is a safety issue. Beyond that issue, he felt that the rest should be tabled. Mr. Paradis said that he will tell Ms. Bonsteel that we are only interested in a couple of things for the fence issue.
Windmill Regulations/Outdoor Furnace Regulations: Dan Paradis and Don Milbrand
Mr. Paradis stated that the State has already done regulations for outdoor furnaces and he believes that it is well covered. Mr. Milbrand stated that some have outrageous stacks which look awful. Both Mr. Paradis and Mr. Milbrand are willing to live with the State law on this. Mr. Paradis read the State law in which they will not allow additional restrictions in some areas. Mr. Paradis said
That he will e-mail a copy of the law to everyone.
At this time, Ms. Seeler had to leave.
As to windmills, Mr. Paradis stated that after April 1, 2010, the State will only allow Phase 2 wind turbines. The State is asking OEP (Office of Energy & Planning) to come up with laws for municipalities. They had a hearing Sept. 18th and gave 2 days for comment input. He feels that we would need something on height as this is not in the State law. July 11, 2009 is the date that the new law is to take place. Mr. Paradis will keep track of OEP and their progress on this.
Sign Ordinance: Clay Dingman and Jerry McGwin
Mr. McGwin stated that he has found the ordinances of Windham, Plymouth, Meredith, and Ashland. He feels that they have little or nothing but plans on visiting them to be sure. He added that Portland, Me. Feels that sandwich signs are okay as long as they do not interfere with vehicular or pedestrian traffic. Yard sale signs and Voting signs are to be removed soon after the event.
Mr. Milbrand mentioned that Vermont is very strict on signs. Ms. DeStefano added that she has the sign ordinance for Boscawen and Warner and will e-mail them to him. She added that Warner’s is on line. Mr. Paradis mentioned that remote business signs may be looked at. Mr. Milbrand felt that sandwich boards are controversial and Mr. Babcock is for them. Mr. Paradis mentioned that businesses, such as The Mill, need something to show their location. Ms. DellaCroce stated that she liked the signage suggested at the PlanNH Charrette (a post with various directional signs) and that she loves the Cardigan Mountain signs that have a drawing of an apple on them.
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Smartgrowth: Denice DeStefano and Michelle Bonsteel
Ms. DeStefano stated that, due to the Charrette, she and Ms. Bonsteel had not been able to get together but they will try now that it is over with.
Rescind firewall requirements: Janice DellaCroce
Ms. DellaCroce will do this but she would like to see Norm Skantze about it first. Mr. Milbrand suggested she see him soon as Mr. Skantze will be leaving in 2 weeks.
Architectural Standards: Clay Dingman
Mr. Paradis is not sure as to whether or not Mr. Dingman wants to tackle this at this time.
COMMUNICATIONS:
The Lincoln Institute Lecture Series was looked at. These are held in Boston. The secretary will hold the notice for now.
The DES copy of a Wetlands permit for the Bristol Elderly Housing was read.
The DES copy of a Minimum Impact permit for Kenneth Latronico was read.
The DES Standard Dredge & Fill for the Swiss View Village Condos was read.
The secretary will hold the information for the 67th Annual LGC Conference to be held in Manchester, Nov. 12-14 as well as the Sept. 2008 Town & City magazine.
A copy of a letter sent to Blueberry Shores from Ms. Bonsteel was looked at.
The DES Shoreland Application notice for 154 Holiday Hills was read.
REPORTS:
Historic District Commission: -----
Selectmen: Mr. Milbrand stated that they will be looking for a new Fire chief and they have gotten a cool response as far as building codes are concerned. Mr. Favorite stated that Ms. Bonsteel is able to enforce them; she would need occupancy permits. Mr. Paradis stated that he has heard pros and cons on this. Mr. Favorite said that plumbers and electricians need a license and it is felt that contractors should have a license as well. Mr. DellaCroce asked where the town’s liability comes in; she mentioned the Rhode Island fire for example.
Capital Improvements Plan:
Mr. Campbell stated that he and Mr. Milbrand have a meeting planned with Paul Weston, Town Manager. Tentatively, he may call a meeting on 10/1/08 and will let the committee know.
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PlanNH Charrette:
Mr. Paradis stated that there was a nice turnout on Friday afternoon. Mr. Milbrand counted 40-50 people with only a few additional people in the evening session. Mr. Paradis was a bit disappointed in the negative comments at the presentation. Mr. Favorite was disappointed that only 4 Downtown businesses attended: Beano’s, Blue Skies, The Mill, and the barber. Ms. DellaCroce added that the building owners did not attend. Mr. Favorite said that he saw two: Jeff Goodrum and John Suldenski.
He has heard that there have been four offers to buy Tozier’s but they have refused them all. The Taste of Italy went for $94,000 at auction and the Rusty Skillet is closed. Mr. Milbrand stated that he has a friend looking at the mica building. He has a business in antiques and crafts with people renting spaces, one clerk taking the money and monthly checks go to the renters. It was also mentioned that DOT has no funding for traffic changes: ideas were presented for either a “T” (similar to what we have now) or a round-about. Mr. Paradis was disappointed that they did not address sidewalks, benches, lighting, etc. for the Downtown. There is still a parking issue but the river walk was encouraging.
NEW BUSINESS:
State Handbooks:
The secretary asked about what members wanted: just the handbook or handbook and CD. Members gave her their choices.
OLD BUSINESS:
Roads:
Mr. Paradis spoke with Mark Bucklin, Highway Superintendent, about accepting roads and Mr. Bucklin stated that he could accept oil treated but prefers not to accept unpaved roads due to wear and tear on the equipment.
NEXT MEETING:
The next meeting will be held Oct. 8th. There is a Boundary Line Adjustment and the continued Subdivision for Morrison.
With no other business, T. Babcock made a motion, second by D. DeStefano, to adjourn at 8:55 p.m.
Respectfully submitted,
Jan Laferriere, secretary