PLANNING BOARD MINUTES
February 11, 2009
APPROVED:
___________________
AGENDA: CONTINUED COMPLIANCE HEARING: BILL HART/SNHS ELDERLY HSG. VI, INC., Lake St. and Ballou Road, #216-101.2, .3, .4
BOUNDARY LINE ADJUSTMENT: DEBORAH M. WITHAM AND
RAYMOND G. & F. STEPHANIE WITHAM, River Road,
#220-002 & -003
PCC: BETTY SEELER
REPORT: BETH COLBY, SAFE ROUTES TO SCHOOL
ATTENDING: Dan Paradis (Chairman), Elizabeth Seeler (Vice-Chairman), Janice DellaCroce, Jerry McGwin
Alternates: Murray Campbell, Steve Favorite
ABSENT: Don Milbrand (Sel. Rep. – excused), Denice DeStefano (vacation), Clay Dingman (vacation)
Alternates: Tom Babcock (vacation), Don Martin (seminar)
OTHER: Anthony Randall
The meeting opened at 7:00 pm. Murray Campbell sat in for Clay Dingman and Steve Favorite for Denice DeStefano.
CONTINUED COMPLIANCE HEARING: BILL HART/SNHS ELDERLY HSG. VI, INC.
The DES Wetlands permit was looked at.
E. Seeler made a MOTION, second by J. McGwin, to APPROVE THE SITE PLAN FOR BILL HART/SNHS ELDERLY HSG., VI, INC. AS ALL CONDITIONS HAVE NOW BEEN MET. The motion CARRIED and plans and the Notice of Decision was signed.
BOUNDARY LINE ADJUSTMENT: DEBORAH M. WITHAM and RAYMOND G. & F. STEPHANIE WITHAM/ANTHONY RANDALL
Ms. Seeler stepped down.
Mr. Randall explained that Mr. & Mrs. Witham sold 5.4 acres to their daughter, Deborah, which knocked them out of current use. This adjustment is to correct that situation. It adjusts 1.04 acres back to the parents. Mr. Randall explained the notes on the plan: #1 clarifies that the lot from Deborah goes back to the parents and cannot be sold as a separate lot, #2 is for the easement limit for River Road, #3 shows the Zoning District, and #4 is how the survey was performed.
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BOUNDARY LINE ADJUSTMENT: WITHAM continued:
Ms. DellaCroce asked if the additional acres are to go to lot 4 and she was told that it does. Mr. Randall added that the calculations on lot 4 show the new acreage.
J. McGwin made a MOTION, second by S. Favorite, to APPROVE THE BOUNDARY LINE ADJUSTMENT FOR THE WITHAMS AS PRESENTED. The motion CARRIED and the plans were signed. Mr. Randall paid the $75.00 fee to record the mylar.
Ms. Seeler returned to the table.
MINUTES OF JANUARY 28, 2009:
The following amendments and clarifications were made:
Page 4, under CIP Report, 1st paragraph, last two sentences: delete the two sentences and replace with “Due to an illegal amendment, the article proposed in 2007 to give CIP authority to the Selectmen was null and void, so the authority remains with the Planning Board.”
Page 5, 1st paragraph, 3rd line, following “CHAIRMAN” insert “TO BE”.
J. McGwin made a motion, second by S. Favorite, to accept the minutes as amended. The motion carried.
MINUTES OF JANUARY 14, 2009:
Ms. Seeler asked to clarify the Selectmen’s Report, as she was not able to attend that meeting. On page
6, Selectmen, 2nd paragraph, “GATSBE and 112 requirements” should be “GASB, SAS#112”. As the minutes have already been approved by the Board, it was felt that placing them in tonight’s minutes will cover the notation.
PCC: ELIZABETH SEELER
Ms. Seeler stepped down and explained that Ms. Bonsteel (Land Use Officer) sent her to the Board concerning Ms. Seeler’s property on Danforth Brook Road. Ms. Seeler distributed copies of Ms. Bonsteel’s letter to her, dated Feb. 3rd and a copy of the original Site Plan. Ms. Seeler explained that Ms. Bonsteel has received two complaints about the storage trailers that are on the property.
Ms. Seeler stated that she feels that she is being singled out as we only have three Industrial properties, hers, FreudenbergNOK, and R. P. Williams & Sons. Hers is the only rental property and she feels that Commercial properties do not have to come in and change their site plan every time a new tenant comes in. Ms. Seeler has a loading dock and trailers are a part of Industrial businesses. The original site plan was done 9/11/96. Ms. Bonsteel says that Ms. Seeler needs and Amended Site Plan due to Section 8.3E of the Site Plan Regulations. Ms. Seeler read this section. She questioned the need of having to come in every time that she has a new tenant.
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PCC: SEELER continued:
Mr. Paradis looked at Section 8.3E, pages 33 and 34 of the Regulations. He felt that it seems to meet most requirements except that “c” may be questionable. He added that the Board put “E” in for a new Site Plan. He then read #4 on page 35.
Again, Ms. Seeler felt that she is being discriminated against. Mr. Paradis stated that it is a visual impact. If we were looking at a new Site Plan, we would be requiring some type of screening. Ms. Seeler said that she went over what has been there in the past and she now has a new tenant who says that if he cannot use the storage trailers, he shall have to look for a new location. This tenant hires all local people, she added.
Mr. Paradis thought that this might be a case for the ZBA under Appeal of an Administrative Decision. Ms DellaCroce asked if, when Ms. Seeler last came in, wasn’t it just for interior changes and Ms. Seeler said that it was. Mr. Paradis questioned looking back on all old cases of 10 years or more.
Ms. Seeler stated that this was due to a complaint by a neighbor, not an abutter, because they have been told that they cannot have on-going yard sales. The second complaint came from a relative of theirs.
Mr. McGwin asked if storage trailers have ever been there before. Ms. Seeler answered that they have only been their in the last 1 ½ years, since the present tenant came. Mr. Paradis stated that he thinks that where Ms. Bonsteel is coming from is the Spirit of the Ordinance to protect abutters. The Planning Board is not the authority on this; the ZBA is.
Mr. Campbell asked if the tenant had some trailers there before the complainants moved in. Ms. Seeler answered that he did and moved 3 of them closer to the State property line on Route 104 recently. These are behind the building. He now has these 3, 3 others, plus 1 smaller one. Mr. Campbell felt that it is better to have them behind the building.
Mr. Paradis suggested that Ms. Seeler have further discussion with Ms. Bonsteel regarding Section 8.3A as 8.3E was not the Board’s intent for old cases but for new. The Ms. Seeler’s first recourse is the ZBA. Ms. Seeler said that she does not feel that she should have to go to them or have a new site plan where none of the commercial businesses have to. Mr. Paradis stated that he will speak with Ms. Bonsteel and explain what we have said tonight. He can see that the spirit is what Ms. Bonsteel is citing but it does seem that she is being singled out. However, Section 8.3A.4 is questionable, and Mr. Paradis read this again. It can be argued that having a loading dock and trailers go along with an industry. If he had been in Ms. Bonsteel’s position, he felt that he would have told the complainant that we don’t re-do a site plan if it is for a small change. Ms. Seeler felt that this is setting a precedent and we shall need to do all commercial properties, as well.
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PCC: SEELER continued:
Mr. Favorite mentioned the auto repair business on the corner. Ms. Seeler stated that this is her property, also, and the tenant picks up cars for the Police and many of the people don’t come back to pick them up.
Ms. DellaCroce asked, short of Mr. Paradis talking to Ms. Bonsteel, if this is a problem to go to the ZBA. Ms. Seeler felt that this would cost her big money. Her building was empty for over a year before this tenant came in. Some seem to feel that it appears that she has pull because she is on the Planning Board. Mr. Paradis stated that, sometimes this works in the reverse because of being on a Board.
Mr. Favorite said that Ms. Seeler should talk with Ms. Bonsteel and explain what she has said this evening. This is esthetics only. Mr. Paradis added that she could do an amendment to the Site Plan and he read the requirements again, adding that #3 and #4 are the tricky ones. Again he mentioned that if this were a new site plan, we would ask for the trailers to be screened. Ms. Seeler stated that this property has been in the Industrial District for many years and was so when the complainant purchased their property. Mr. Paradis explained that the requirements are according to the Town Attorney’s wording and it requires a public hearing. Mr. Paradis feels that Ms. Seeler has 2 choices: a ZBA Appeal or and Amended Site Plan. Ms. Seeler stated that her tenant’s lease only allows 1 trailer. Mr. Paradis thought that she could put in an Amended Site Plan with an Industrial flexibility area built in so that she would not need to keep doing a change. Ms. Seeler thought that perhaps one for 2 tenants and a flexible area everywhere outside would do it. The Board seemed to feel that a flexible area would be the best solution. Mr. Paradis said that the flexible area could be called a multi-purpose industrial space and that she should include a note with “and not limited to” in it. We need to give businesses some flexibility. On the other side of the coin are such things as obnoxious fumes, noise, etc.
REPORT: BETH COLBY ON SAFE ROUTES TO SCHOOLS
Mr. Paradis explained that Ms. Colby had sent him a request for a support letter for the Safe Routes to School/Safe Sidewalks grant request. As he did not know what it was about and the Planning Board had never discussed it, Mr. Paradis did not feel that he could do so in the name of the Board. He could write something himself, by the deadline, but was afraid that it would still be interpreted as coming from the Planning Board. He did ask Ms. Colby to come in and tell the Board about the plan.
Ms. Colby stated that, in the Spring, they got a $5,000 grant for Downtown and to the schools (Middle and Elementary). It required that a committee meet on a regular basis, to hire an engineer, and cover walking distance of a 2 mile radius. They asked Mark Bucklin, Highway Superintendent, to come in and he did an inventory of all the sidewalks. They were able to hire Bill Phinney as a crossing guard on Lake St. in front of the Middle School which resolved that problem (crossing safely to the opposite side of Lake St.).
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BETH COLBY continued:
Ms. Colby continued by saying that the rear of the Middle School is horrendous. They looked into whether or not the parents were allowing their kids to walk to school and, if not, why not. They met with the principals and got parents and kids’ feedback. This included 134 kids in a 1 mile radius. 74 answered that they would not let their kids walk. They got a total of 107 responses. It covered kids from kindergarten through 8th grade. They asked how the kids came to and went from school.
Now they have proceeded to apply for a $100,000 grant. In the 1st phase, they determined that the crossing in the Downtown is unsafe and want to put in a wider crosswalk with an island (going from Beno’s Elderly apartments to the Bakery) and a crosswalk on the North Main St. side of the Middle School. Right now, that crossing empties into a road. They would like to add a crossing guard and a sidewalk that would run along the Ford property. They would cross at Cedar Street. Mike Vignale, the Town Engineer, has worked on this.
The second phase is for sidewalks and they have listed what needs to be done to make them all uniform, of the same height, etc. The 3rd phase is the Bristol Elementary School but that has been tabled for now.
Ms. Colby was appalled to learn that the biggest problem is the registered sex offenders that are here in Bristol. They have set up a plan to have bear paw prints for the kids to follow from the busiest neighborhoods. They will have a “walking train” with 8th graders and Safety Explorers to help train the kids. As to the present status, they have been asked to come back in April and do a presentation.
Mr. Favorite stated that this is really a plus for Bristol; we are finally on the map with the State. Mr. Paradis and Ms. Seeler asked how it will work with the PlanNH Charrette that the Planning Board did. Ms. Colby felt that it is better to make things safer now and the Charrette plan can be added later. The State is to re-finish Lake Street from the Fire Dept. to the bridge. Mr. Paradis asked about Summer St. Ms. Colby stated that they are recommending sidewalks to be done to Wells Field for both walking and biking. They have determined to recommend one great sidewalk on one side of the street. Mr. Favorite stated that his group has been discussing a crosswalk downtown to be done from the old bicycle shop to the town’s green area. They are trying to us the PlanNH Charrette and get the two plans together. Jay Meegan is working with them as well.
Ms. Colby stated that the nice part about the grant is that it is not all about the construction. Mr. Favorite stated that they have talked about moving the buses to a different location and making the road straight through from N. Main St. to Lake St. so that it is not weaving amongst the kids. Ms. Colby stated that, right now, the Police are working with training the cars to stay 1-way on the present road. Ms. Colby was thanked for bringing this to the Board. She was glad to have had the Board invite her in.
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COMMUNICATIONS:
A copy of a letter to M. Joseph & Helen R. DeCosta from Ms. Bonsteel was read. It was in regard to the dumpster at Turner’s Cottages. An application for the 2008 NH Community Beautification Awards Program was looked at. Unfortunately, the flower barrels were taken down last year. The January 2009 Town and City magazine will be held in the office awhile, as will “The Source”.
REPORTS:
HDC (Historic District): Mr. Dingman was not present but Mr. Paradis had attended their last meeting and stated that they adopted their draft plans despite Mr. Paradis’ objections. The Commission felt that they did not want to be too subjective and each case is looked at on its own merit. It will be a work in progress. Mr. Milbrand is presenting ideas for a directional sign to point out the various businesses in the Downtown area.
Selectmen: Mr. Milbrand was not present.
CIP (Capital Improvements): They are to have a meeting next Tuesday, Feb. 17th.
FILMING OF MEETINGS:
Mr. Paradis is not sure of the legal status of videos. He felt that the Selectmen/Town Manager should do as they want. Mr. Favorite felt that only the more interesting cases, such as the Elderly project, that affect a lot might be the determining factor. The Board felt that it would be up to them (the Board) to determine what is important enough. Mr. Paradis felt that we could set up an agenda and comment on which ones we thought might be important enough to film.
OTHER:
Mr. Favorite stated that they are to go to the Transportation Advisory Committee and then to the Department of Transportation with their plans. They (4 of them) are using the Charrette. We have the Marathon and an International Marathon coming up.
Marsha Morris is to write up an article on our Zoning Amendment proposals.
NEXT MEETING:
The next meeting will be a Workshop meeting on Feb. 25. We shall look at possible CIP candidates and talk about the $10,000 in the budget for the Downtown. This may be under the Town Manager but we might want to at least give our suggestions.
With no other business, E. Seeler made a motion, second by M. Campbell, to adjourn at 9:20 p.m.
Respectfully submitted,
Jan Laferriere, secretary