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PLANNING BOARD MINUTES

January 14, 2009

APPROVED:

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AGENDA: PUBLIC HEARING ON PROPOSED ZONING ORDINANCE CHANGES

PCC: DON MILBRAND

COMPLIANCE HEARING: SWISS VIEW VILLAGE CONDO. ASSOC.,

1330 Lake Street, #111-071

COMPLIANCE HEARING: JOSEPH J. SANTAMARIA, 30 South Main St.,

#114-169

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

Alternates: Murray Campbell

ABSENT: Alternates: Tom Babcock (ill), Steve Favorite (schooling), Don Martin (conflict)

OTHER: Michelle Bonsteel (Land Use Officer), Paul Weston (Town Manager), public

The meeting opened at 7:00 pm. Mr. Campbell sat in for Mr. McGwin who was not feeling very well.

COMPLIANCE HEARING: SWISS VIEW VILLAGE CONDO ASSOC.

Ms. DeStefano stepped down. The DES approval with conditions was read by Mr. Paradis.

E. Seeler made a MOTION, second by C. Dingman, to APPROVE THE MINOR SITE PLAN FOR SWISS VIEW VILLAGE CONDO ASSOC. WHICH HAVE MET ALL OF THE BRISTOL CONDITIONS. The motion CARRIED and the plans were signed.

COMPLIANCE HEARING: JOSEPH J. SANTAMARIA

Ms. DeStefano stepped down. Mr. Paradis read the letters that had been submitted (one giving Mr. DeStefano the right to represent him, one explaining the Fire Marshall’s agreement with Mr. Santamaria, and a letter from Jeff Chartier, Bristol Water/Sewer Superintendent expressing their requirements).

Mr. DeStefano stated that they met with the Fire Chief and Fire Marshall and it was agreed that they would not need the exterior stair case but will put in a sprinkler system instead. A letter will be forthcoming from the Fire Marshall. The sprinkler system will be for the residences and the entire basement.

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Planning Bd. Minutes

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SANTAMARIA COMPLIANCE continued:

It was determined that the Water/Sewer Dept. will require a letter from their plumber stating that the ¾” line is sufficient and additional costs would be incurred if the line size is increased. A discussion was held as to the difference between single ownership of a building that has multiple units versus condominiums with separate ownership.

Mr. DeStefano then distributed a revised plan to the Board. The applicant has placed the existing deck back on and there is no need for the fire escape now, he explained.

The letter from the Fire Marshall, the letter to Jeff Chartier from their plumber, Mr. Santamaria’s agreement to comply with the requirements, and a letter from Ms. Bonsteel stating that an HDC hearing is not required, are still needed.

C. Dingman made a MOTION, second by M. Campbell, to CONTINUE THE COMPLIANCE HEARING FOR JOSEPH J. SANTAMARIA TO JANUARY 28, 2009. The motion CARRIED.

PUBLIC HEARING ON PROPOSED ZONING CHANGES: Ms. DeStefano returned to the table.

Amendment #1. HDC Signs

Mr. Paradis explained that the Historic District Commission (HDC) is to implement Guidelines/Standards in regard to signs so that Ms. Bonsteel, Land Use Officer, can eliminate the need of a hearing for them unless there are other criteria. Mr. Dingman stated that an appeal goes to the Zoning Board, not the HDC. Mr. Paradis said that Bernie Waugh, Town Attorney, does not like the wording “judged” so we should change it to “determined”.

C. Dingman made a MOTION, second by E. Seeler, to USE ATTORNEY WAUGH’S WORDING, ALONG WITH THE LAND USE OFFICER AND BRING IT TO THE JANUARY 28, 2009 PUBLIC HEARING. The motion CARRIED.

Amendment #2. HDC Buffer Zone

As the use of a Buffer Zone is confusing, this change would eliminate the confusion as to whether the Buffer Zone is part of the Historic District, which it is.

C. Dingman made a MOTION, second by J. DellaCroce, to APPROVE AMENDMENT #2 AS READ AND PLACE IT ON THE BALLOT FOR THE MARCH MEETING. The motion CARRIED.

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Planning Board Minutes

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Amendment #3. 4.11 SIGNS

Mr. Paradis went over the many changes that the Board discussed at their last workshop on the amendments. In A., the second sentence was determined to change to Atty. Waugh’s suggestion.

D.2. Change to Atty. Waugh’s suggestion. E. Keep the first two sentences and add Atty. Waugh’s version. H. Change to Atty. Waugh’s version. L. Accept Mr. Paradis’ proposal which is a combination of Atty. Waugh’s and Ms. Bonsteel’s suggestions. M. Accept Mr. Paradis new version.

Mr. Weston asked about the sandwich signs. It was felt that they are not grandfathered as they are temporary and must have the property owner’s permission to set them on their property. Ms. Seeler asked about non-profit organizations. Ms. Bonsteel stated that charities and political signs are exempt. The problem is the ones that are put up every day. She shall continue to collect them. Mr. Milbrand stated that he and Ms. Bonsteel are working on a town sign as an alternative. Mr. Paradis mentioned yard sale signs that do not require a permit and Ms. Bonsteel stated that they are allowed 3 a year and she is keeping track.

O. To use Atty. Waugh’s version. Q.3 Mr. Paradis will correct the “structure of guide” to “structure or guide”.

Ms. DellaCroce asked if, in A, the March 2008 should be March 2009. Mr. Paradis answered March 2009 and thanked Ms. DellaCroce for picking that up.

E. Seeler made a MOTION, second by M. Campbell, to APPROVE THE CHANGES SUGGESTED BY TOWN COUNSEL, MS. BONSTEEL, AND MR. PARADIS AS DISCUSSED AND BRING AMENDMENT #3 TO THE SECOND PUBLIC HEARING JANUARY 28, 2009. The motion CARRIED.

Amendment #4. 4.6 FENCES

Mr. Paradis stated that the town attorney does not section B. It was determined to drop it. Ms. Bonsteel suggested that something be put in which would require the finished side out. Mr. Paradis was concerned that this would cause a problem in a case where abutters might mutually agree to put up a fence along their boundaries. Ms. Bonsteel answered that this might be made to apply when the fence is on the street side. Mr. Paradis will re-write this.

E. Seeler made a MOTION, second by J. DellaCroce, to APPROVE AMENDMENT #4 AS AMENDED AND BRING TO THE SECOND HEARING ON JANUARY 28, 2009. The motion CARRIED.

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Planning Board Minutes

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Amendment #5. ARTICLE XIV SMALL WIND ENERGY SYSTEMS

Mr. Paradis will change the typo that he found and said that we need to determine the footage as Mr. Waugh has suggested. Mr. Milbrand felt that he would recommend 300’. He also likes Mr. Paradis’ allowing the use of the tax maps. Ms. Bonsteel stated that some people attach them to the house and others are concerned with the looks and sound. Ms. DellaCroce asked if, under 14.4.A, number 4 and 5 apply. Mr. Paradis felt that we can leave these this way. He would rather not have this too strict to start. He mentioned that we did the Sexual Oriented Businesses and the Wireless Towers that the Board put in and we haven’t had one application on either. He felt that we could add Atty. Waugh’s suggestion and add either 250’ or 300’ for the radius. Mr. Campbell preferred 300’. It was determined to use 300’ for 14.4.A.1, 2 and in 7, use Atty. Waugh’s wording with the 300’.

As to 3., Mr. Paradis stated that 60 decibels is what is recommended on the State model. The Board left this at 60. It was decided to use Atty. Waugh’s wording in 14.3 and 14.7. Mr. Paradis explained that, in Setbacks, instead of number, we used multipliers and he read the setback list for Ms. Bonsteel. Ms. Bonsteel stated that she has no decimal meter or a license for this. She felt that we need language for this and Mr. Paradis explained that the manufacturer places a number on it which we can use.

C. Dingman made a MOTION, second by D. DeStefano, to ACCEPT THE CHANGES AS DISCUSSED AND BRING AMENDMENT #5 TO THE SECOND PUBLIC HEARING ON JANUARY 28, 2009. The motion CARRIED.

Amendment #6. To delete Section 4.10 A

Mr. Paradis explained that this is outdated and not part of modern fire safety codes. Atty. Waugh agrees that this is outdated and suggested adding some wording

D. DeStefano made a MOTION, second by E. Seeler, to ACCEPT AMENDMENT #6AS ATTORNEY WAUGH SUGGESTED AND BRING IT TO THE SECOND PUBLIC HEARING ON JANUARY 28, 2009. The motion CARRIED.

Zoning Ballot – 2009:

Mr. Paradis had written up the amendments as they would be placed on the ballot for all to look at. He will change #1 from “judged” to “determined” as Atty. Waugh prefers. #2 was thought to be okay, as was #3. #4 will need the second part (smooth side of the fence) added. #5 and #6 are okay. Ms. Bonsteel suggested that, in #6, we add “recommended by the Fire Dept.” This was discussed and felt to be okay.

Mr. Paradis will e-mail tonight’s changes to Attorney Waugh tomorrow.

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Planning Board Minutes

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PCC: DON MILBRAND – Mr. Milbrand stepped down.

Mr. Milbrand stated that he is thinking of turning the first floor of the ell into a pub/bar. They are in the Rural District and there is nothing in the Ordinance for this type of establishment. He would like to have 4 tables of 4 seats and a bar for a total of 24 and he has enough room for the additional 7-8 parking spaces that are required. It would be a separate business from the Bed and Breakfast that they have there now. The Board stated that he would need a liquor license and Mr. Paradis said he would also need a variance. Mr. Milbrand asked if it would be a change of use and was told that it would so would need a Site Plan, as well.

Mr. Milbrand said that he would just be changing an empty storage space into a tavern. Mr. Paradis read the requirements and stated that he could ask the Board for a Minor Site Plan unless there is something specific that would need addressing. He feels that the hearing is more for the abutters. Ms. Seeler mentioned how Ralph Shackett’s request for a restaurant was shot down by the abutters. Mr. Paradis stated that Camelot Acres were a big contingent in opposition and the liquor and entertainment proposed was a big issue. Mr. Milbrand plans to only have an open mike for entertainment. He would do his own brewing and sell other brands, as well. It was felt that the brewing part would come under Home Occupation. Ms. Bonsteel mentioned that she gives out the OEP criteria with applications.

MINUTES OF DECEMBER 17, 2008:

The following amendments were made:

Page 2, 2^nd paragraph, 1^st line, replace “Paradise” with “Paradis”. Page 5, 1^st paragraph, 4^th line, replace “admitted” with “stated”. 2^nd paragraph, 2^nd line, replace “copy of his new” with “copy of his summary of the new”.

C. Dingman made a motion, second by D. DeStefano, to approve the minutes as amended. The motion carried.

CORRESPONDENCE:

Two books were received from LGC along with maps on the watershed. Mr. Milbrand took one book and Mr. Paradis the other as LGC is looking for comments. The maps will be in the office. There was a PlanNH Charrette application. Also, a flyer on the National Business Institute Seminar which was looked at. An LGC Calendar was received for anyone who would like it. The Bridgewater abutter notice was read and it was felt that it is not an issue for us. Janice DellaCroce submitted a letter of resignation to the CIP committee. No-one spoke up to replace her. Mr. Weston added that LRPC is forming a committee on an All Hazard Mitigation Plan and is looking for volunteers. The ad from Dave’s Septic Service, Inc. was given to Mr. Weston. A copy of a letter from David Munro, Linda Carmichael, and Noah Munro was read. It was in regard to the mica building. The Selectmen have received the original copy. Mr. Weston stated that the Assessor has put them on notice and they have met and have sent the owner a letter and will take some action.

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Planning Board Minutes

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OTHER:

Mr. Weston mentioned that in the budget, it has been decided to place Legal in one line and to use it, one must first go through him. He advised that we go through LGC as much as possible. Mr. Paradis questioned the possibility of not renewing the LRPC membership. He feels that this would be a big mistake as they help our Boards a lot. He cited the Master Plan: with their help it cost us $10,000 instead of $15,000 to $16,000 charged by outside sources. Ms. Bonsteel added that they see us as a “Diamond in the Rough” and tend to prioritize our needs near the top. Mr. Paradis asked if assessments are going down and Mr. Weston felt that they will; it is determined by sales versus assessment.

REPORTS:

Historic District Commission:

Mr. Dingman stated that the commission met last night and are to bring their proposed Guidelines/Standards to a February 10, 2009 Public Hearing. Mr. Alpers (Sel. Rep.) suggested that they be sent to Attorney Waugh for his input. Mr. Weston suggested that Mr. Dingman ask Atty. Waugh to fast track them. He gives his okay to send them e-mail to Mr. Waugh. He suggested that Mr. Waugh be made aware of the deadline.

Selectmen:

Mr. Milbrand stated that they will meet tomorrow night. The engineers for the Burough Road Bridge

are still using the $1.4 million figure of which the State is to refund 80%. It will cost $135,000 to the taxpayers. To build it, Bristol will pay $76,000 or half of $125,000 to demolish it. The Bailey bridge will be pulled.

The budget process has been changed. The Budget Committee is to put in the numbers and the Selectmen will only give their recommendations. Mr. Weston added that they are talking of changes to the budget. Jennifer Correra has been hired as a consultant, 2 days a week, to react to the poor audit report that we received and to get us to the GATSPE and 112 requirements. Ms. Seeler stated that we have a new auditing firm and they asked more from her as Trustee of the Trust Funds. Mr. Weston added that we need more policies.

Mr. Dingman asked if the State is freezing monies. Mr. Milbrand stated that, if we do what is planned (Burough Bridge), they will continue.

Ms. DellaCroce questioned the change to the Budget Committee and Mr. Milbrand stated that it is Selectman VanDerven who started the change as he felt that it will avoid having several cuts to the budget (Dept. Heads with Town Manager, Selectmen, and then Budget Committee).

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Planning Board Minutes

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SELECTMEN’S REPORT continued:

Concerns were discussed that had to do with arbitrary cutting. The secretary explained that the Budget Committee used to compare the two sets of figures, along with information submitted, and back history. Ms. Seeler mentioned that they also used to be assigned to various Departments who reported back to the Committee (this was dropped under Archie Auger due to complaints that some Depts. would change meeting dates/times and also for lack of time for the committee members).

Mr. Campbell referred to Mr. Milbrand’s friend on the CIP in Windham, and asked if they have a Budget Committee. Mr. Milbrand was not sure and Mr. Weston stated that Windham is a bigger town.

Capital Improvements Plan (CIP):

Mr. Campbell stated that they are to meet next Tuesday. He thanked Ms. DellaCroce for her time with the committee and said that she will be missed. He then asked if there is anyone willing to fill her place. No-one spoke up and he asked about discussing having someone from outside. This can be brought up at the meeting, it was thought.

Mr. Campbell stated that, last year, we sent out our request on May 1^st asking to receive the items needed by June 1^st. We never got these until late August. As it has been asked that we have the 2010 plan ready by October, we ask Mr. Weston’s guidance in getting the information to us earlier.

OTHER:

Broadcasting:

Mr. Weston stated that Ray Courchaine has asked if we would like to tape and broadcast the Planning Board meetings. Mr. Paradis determined that the Board shall talk about this at their next meeting under Unfinished Business.

With no other business before the Board, E. Seeler made a motion, second by J. DellaCroce, to adjourn at 9:30p.m.

Respectfully submitted,

Jan Laferriere, secretary