PLANNING BOARD MINUTES

May 27, 2009

 

APPROVED:

_______________

 

AGENDA:                   CONFORMANCE HEARING:  DOUGLAS A. VOELBEL, 16 Pleasant St.,

                                                #114-190

                                    CONT. SITE PLAN REVIEW:  FREUDENBERG NOK, 450 Pleasant St.,

                                                #225-002

                                    CONT. SITE PLAN REVIEW:  MARYANN PARKHURST, 90 Lake St.,

                                                #113-041

                                               

ATTENDING:             Dan Paradis (Chairman), Elizabeth Seeler (Vice Chairman), Donald Milbrand (Sel. Rep.), Murray Campbell, Janice DellaCroce, Denice DeStefano, Clay Dingman  

                                    Alternates:  Steve Favorite

                                               

ABSENT:                    Alternates:  Tom Babcock (leave of absence), Don Martin

 

 OTHER:                      Applicants, public, Michelle Bonsteel (Code Enforcement Officer, Barbara Greenwood (Budget Committee), Joe Denning (Selectman), John Clark (Police Chief)

 

 

The meeting opened at 7:00 pm.  

 

COMPLIANCE HEARING:  DOUGLAS A. VOELBEL

Mr. Voelbel stated that he has spoken with the Fire Chief and will need a sprinkler system for four units.  Mr. Voelbel asked for his case to be continued until July 8th.

 

C. Dingman made a MOTION, second by J. DellaCroce, to CONTINUE THE COMPLIANCE HEARING FOR DOUGLAS A. VOELBEL TO JULY 8, 2009.  The motion CARRIED.

 

CONTINUED SITE PLAN REVIEW:  FREUDENBERG NOK/RENE LEFEBVRE/FRED STARK

The Board went over the missing items:  #2 = locus is there.  #4 = waivers listed on plan – there.  #5 = Zoning District – in note 5.  #6 = minimum building requirements – Mr. Lefebvre will get these onto the plan; they are on the checklist now.  #7 = Location of Flood Zone – okay.  #11 = Total area of parcel in acres & square feet – okay.  #13 = Soil types and boundaries – okay.  #14 = Existing utilities – okay.  #15 = Proposed utilities – okay.  #16 = Impervious areas as % of total lot area = okay.  #17 = Parking requirements – okay.  #24 = Building setback lines – because of the size of the lot, the Board felt that they could ask for a waiver on this.  #25 = Building height – okay.  #27 Exterior lighting – provided.  #28 = Professional stamps & signatures – Mr. Blais, the original professional has deceased. 

 

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FREUDENBERG NOK continued:

They got the soil scientist and he signed.  Mr. Paradis explained that this would have been enough but the soil scientist put in a disclaimer.  We need a stamped drawing.  Ms. Bonsteel, Code Enforcement Officer, suggested that they have a surveyor for just the area in question so as to verify what is shown.  The Board agreed.  #29 = Planning Board approval block – okay.  #30 = Completion date – okay.

#31 = Drainage calculations – asking for a waiver.  #34 = Erosion or sediment control – okay.

 

Mr. Lefebvre stated that Mr. Stark met with the soil scientist who identified the outline and stamped the drawing.  They moved the building away by 8 feet.  The Board felt that they need the wetland boundary on the plan.

 

Mr. Paradis stated that they need #6, the building requirements on the plan and the wetlands delineation can be on a second plan marked page 2 of 2. 

 

E. Seeler made a MOTION, second by C. Dingman, to CONTINUED THE SITE PLAN FOR FREUDENBERG NOK TO JUNE 10, 2009.  The motion CARRIED.

 

 

CONT. SITE PLAN REVIEW:  MARYANN PARKHURST

It was determined that Ray Parkhurst owns the lot (with his wife Francine) and was present.  Mr. Parkhurst distributed new plans and pointed out where the trailers are now. 

 

Mr. Paradis stated that the inside plans are now different than the first ones that the Board received.  Ms. Parkhurst stated that it is now showing some bench seating and the Fire Chief is to come in and measure this.  Mr. Paradis then read the information from Ms. Bonsteel and the Fire Chief, Steve Yannuzzi, which had just been received.  Ms. Bonsteel’s concerns were the reporting of a second floor apartment instead of the office and storage space previously approved, the DOT permit for the 2nd egress, the 6 foot fence in front, and live entertainment.  Mr. Yannuzzi is also concerned with the live entertainment, need of a sprinkler system, tents, occupancy, doors, emergency lighting, a supervised fire alarm system, and a 2-hour fire rated wall between the restaurant and the hardware store.

 

Mr. Paradis asked if they asked the Fire Chief if the employees were included in the count and Ms. Parkhurst stated that she did not.  In reading Mr. Yannuzzi’s information, it looks like it is a total of 52 people Mr. Paradis noted.  Ms. Bonsteel stated that it is the posted occupancy.  Ms. Parkhurst thought it was the amount of seats.  Mr. Parkhurst added that they plan on outside seating of 3 tables of 4 seats each.  Mr. Paradis stated that the Board would not think of going over the amount that the Fire Chief has stated. 

 

 

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PARKHURST continued:

Mr. Paradis stated that the plan should indicate that the parking calculation should be 1 space per 3 seats.  Ms. DeStefano asked the size of the parking spaces and Mr. Parkhurst answered that they are 10’ x 20’.  Mr. Paradis questioned the office space calculation and he figured a total of 66 spaces per their plans.  He then questioned the apartment upstairs.  Mr. Parkhurst said that there is no apartment.  Mr. Paradis asked if it is still an office with the rest of the attic space for storage and Mr. Parkhurst agreed that it is.  The plan is showing 64 parking spaces.

 

Mr. Paradis mentioned that they did fix the parking alignment and took out the awning that was not done.  He asked about Water/Sewer permits.  Mr. Parkhurst stated that the complex used to be 6 or 7 units and is now one.  Mr. Paradis explained that Jeff Chartier, Water/Sewer Superintendent is requesting that they see him. 

 

Ms. Parkhurst stated that there is to be a firewall between the two establishments and there is 38’ to the underground tank and the other tank is beyond that. 

 

Mr. Paradis asked about the driveway and fencing.  Mr. Parkhurst stated that they wanted to go a little higher and fancier so as to keep dust from blowing onto the tables.  It will be under 6’ and go to a 4’ scoop.  Mr. Paradis stated that the concern is to try to maintain sight lines.  The Zoning Ordinance does not apply directly to this case but sight is a concern; perhaps a chain link fence could work.  Mr. Parkhurst felt that the fence is back far enough so as to see okay.  Ms. DeStefano asked how far back and Mr. Parkhurst stated about 8’ from the road and 4’ or 5’ to the sidewalk.  He asked, if they changed the scallop to 3’ with a slope from 5’, would it be okay.  The Board would be more comfortable with that. 

 

Mr. Paradis asked about the driveway and road cut.  This is the responsibility of the Parkhurst’s and he felt that they should work with the Highway on this.  The purpose is to avoid mud on the main road.  Mr. Parkhurst stated that he has already put in some hard pack and plans on adding ¾ stone.

 

Mr. Paradis then mentioned the Shoreland Protection Act and said that they are 220’ from the river which means that the maximum impervious surface to the area has already been met and no further asphalt or buildings may be added.  He again mentioned that the Selectmen have the authority to have a portion of the town exempted but this has not been done as yet.

 

Mr. Paradis asked how live entertainment inside would affect the abutters.  Mr. Parkhurst stated that it would take some of the seating away from the customers.  There is not a lot of noise.  Ms. Parkhurst added that they may have some outside and also have the 1 day festival.  Ms. DeStefano questioned tents outside and said that having the festival to 10:00 or 11:00 might be okay at the Lake but this is a different situation.  They will need to work with the noise ordinance; work with Police Chief Clark.  She asked about parking when they take up space for the festival.  Ms. Parkhurst said that they may ask the School for permission to park at the Middle School.  Mr. Paradis asked if the Hardware store will

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PARKHURST continued:

be open at the time and Ms. Parkhurst felt that they would like to continue holding this festival.  Mr. Parkhurst stated that the kids have more fun than the grown-ups.  Mr. Paradis asked how long the tent would remain up.  Mr. Parkhurst answered it would be down within two days. 

 

Mr. Milbrand asked if they plan on the Tiki torch and Ms. Parkhurst answered not this year.  Ms. Bonsteel stated that the Planning Board needs to know exactly what is being planned.  Ms. Parkhurst stated that they would cater from the tent. 

 

Mr. Paradis mentioned that they may need to restrict the music to midnight and Ms. Parkhurst wanted it to go to 1:00 am.  John Clark, Police Chief, stated that this would come under the jurisdiction of the liquor commission and the noise ordinance.  Quality of Life is his concern now that it is being moved to the downtown area of town. 

 

Ms. DellaCroce stated that the scale is 1” to 20’ and she questions the parking sizes.  Mr. Paradis added that there should be a minimum of 24’ between the rows to allow for backing out.  There are several concerns to be looked at:  the fence, driveway, sight lines, noise, lighting, hours of operation, and the tent, to name some.  He would like more time to look at everything.  Ms. DeStefano asked about the cars that park along the exit; we need to hear that this is okay, as well.  Mr. Dingman asked Chief Clark about hours of operation in conjunction with Quality of Life.  The Chief answered that he is concerned that the band will draw more people and has to consider someone else asking for the same but not being as responsible as the Parkhurst’s have been in the past.  He would ask that the Board address the noise and a reasonable time (11:00 or 11:30).  Ms. Parkhurst said that it is now usually 7:00 to 9:00 or 9:30.

 

Mr. Dingman asked if the issue of tents comes to the Police.  Again, Chief Clark stated that it is under the liquor commission and the Police.  Ms. Parkhurst stated that she sees the liquor commission, the Police, and the Fire Chief.  This is already addressed in the State liquor laws.  Mr. Clark thought that it would be best to put it in writing when the Board does it’s approval.  Ms. Parkhurst is responsible but someone else might not be. 

 

Mr. Paradis stated that this is a complex plan and he would like time to look it over, especially at the parking.  Perhaps a rope line and a sign saying “Head In” might work.  Mr. Parkhurst stated that 2 x 4’s could be used but they get plowed up in the winter.  Maybe lime lines would work.  Mr. Dingman mentioned that he might do as they do in flea markets.  Ms. Seeler felt that the problem would be more in the summertime. 

 

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PARKHURST continued:

Ms. Bonsteel stated that several people have stated that there is an apartment upstairs and she would like to have the Fire Chief and herself do a walk-through so that they can say that they have checked.  She is also concerned about the fence and suggested that a cut sheet or temporary test be placed to see if it works.  She is most concerned for the kids walking on the sidewalk.  She would appreciate the Police to weigh in on this issue as well.  Ms. Bonsteel added that she did get some complaints with the Cun-A-Mara and it would make it easier for her if everything is written out.  It is also easier if others apply for the same thing.  Mr. Paradis felt that The Mill set precedence with live music.  Chief Clark is more concerned with the outside music.  Mr. Paradis is also concerned should the restaurant be sold and we have a new owner to deal with.  Mr. Milbrand is concerned with the outside, as well, and would like to see just inside and once a year outside.  He asked about speakers and Ms. Parkhurst stated that there are outside speakers already. 

 

Mr. Parkhurst stated that it is a family restaurant.  Mr. Paradis explained that all of these questions are addressed in the checklist of a regular site plan but in a minor site plan, the Board must cover everything themselves. 

 

Ms. DellaCroce asked about signage and Ms. Parkhurst answered that it is to be a small cameo sign.  Mr. Paradis said that it must meet the zoning regulations on signs.

 

With no further questions or statements from the Board or the public, C. Dingman made a MOTION, second by D. DeStefano, to CONTINUE THE MINOR SITE PLAN OF MARYANN PARKHURST TO JUNE 10, 2009.  The motion CARRIED.

 

Ms. Seeler mentioned that they need to get the number of seats worked out.  Mr. Paradis added that they must see the Fire Chief and Highway, as well.  Ms. Bonsteel wants to try the temporary fence with she and Chief Clark. 

 

NEW BUSINESS:

Safe Routes to School:  As Ms. Bonsteel left, Mr. Denning explained that they have received word of winning a $100,000 grant from DOT.  It is to be presented June 15th.  The smaller one is for Planning. 

$80,000 is to go for the Middle School where cars, buses, and children intermingle.  They are to put in an island and sidewalk.  Part 2, $11,000. is for the Square:  a bump-out by the Church and a sidewalk from Beano’s to the Mortgage Company.  It will expand the Common and the Center Island.  It is a reimbursable grant and they will come back with plans.  Mr. Denning passed around his copy of the plans and said that they are already into the next grant to improve our sidewalks.  A discussion was held for granite curbs and asphalt or asphalt made to look like brick.  Mr. Dingman asked how many kids could walk to school and was told slightly over 100.  Mr. Denning added that many parents are afraid due to predators that are prevalent these days.

 

 

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NEW BUSINESS continued:

Kelley Park Pavillion:  Mr. Denning stated that plans are in the works to build a pavilion from their trust funds.  This would be primarily for the summer concerts but Les Dion mentioned that it could be used for indoor games, as well.  The committee is also looking to possibly add some seating along the banks.

 

COMMUNICATIONS:

The Board received a notice of the Newfound Watershed Master Plan meetings and draft review schedule to be held June 15th from 6:00 – 8:00 pm.

 

MINUTES OF MAY 13, 2009:

The following amendments and clarifications were made:  Page 1, Foley Oil, change “Pearson” to “Pierson” in the title line, the 1st paragraph, line 1 and line 4.  Page 2, change “Pearson” to “Pierson” under Foley, under Checklist #2, last line.  Page 3, 1st sentence, add (Section 8.9) following “Ordinance”.  In #9, 4th line, before “RSA 231:117” insert “RSA 41:11-a, “.  Page 5, 2nd paragraph, 1st line, replace “Cottages” with “Cottage”.  Line 11 and the last line, change “Sneider” to “Schneider”.  In line 12, replace “it to be” with “the lot next door wouldn’t have to come to the Planning Board because it is” and after “allowed” add “and that there is no increase to the parking requirements.”  In the next paragraph, 3rd line, replace “Sneider” with “Schneider”.  In the next to last paragraph, 4th line, replace “calculated” with “slated” and following the last sentence of that paragraph, add “per the Fire Chief’s review” (after “employees)”.  Page 6, 1st paragraph after the checklist numbers, 1st line, replace “on live” with “to have live”.

 

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

 

REPORTS:

Historic District Commission:  Mr. Dingman reported that they will meet June 9th with a continued COA for the Bank and Mr. Milbrand’s proposed directional sign.  Mr. Paradis asked how Mr. Dingman was coming along with the Historic section of the Master Plan.  Mr. Dingman stated that he has now received the survey forms but has not had a chance to look at them.  Mr. Paradis stated that he would like to work on these at our next Workshop (June 24th).

 

Selectmen:  Mr. Milbrand stated that the court upheld the town in the appeal of the mica building and the Selectmen will hold a private meeting at 4:30 tomorrow to determine what happens now.  They will also hold a public hearing for the Water Fund at the Old Town Hall at 5:30 and will bring it to a vote at the end of June.  The Central St. bridge steel has been delayed a little (2 weeks as of yesterday).  Mr. Favorite added that two cranes were to come in today and PSNH is to sight the pole.  Mr. Milbrand continued and said that the Burough bridge is on the DOT list and he is still to get costs for the directional signs.

 

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REPORTS, continued:

Capital Improvements Plan:  Mr. Campbell stated that they are still looking for an alternate.  The next meeting will be held June 21st.  We should have received request forms by then.

 

Water Resources Plan:  Mr. Paradis stated that he attended a meeting with Paul Weston, Town Manager, Fire Chief Yannuzzi, and a couple of other people.  This plan is to determine fire hydrants, etc.  Mr. Paradis distributed a list of actions and had highlighted the ones that the Planning Board should be concerned with.  We are to think about them and add them to our “To Do” list.  Jonelle Drive and the top of Hemlock Brook Rd. were mentioned.  He also suggested Red Fox and 100 Acre Wood.  Ms. DeStefano stated that Sunset Heights only has dray hydrants.

 

NEXT MEETING:  Our next meeting will be on June 10, 2009 at 7:00 pm.  We shall be holding the continued hearings for Freudenberg NOK and for Maryann Parkhurst.

 

With no other business, C. Dingman made a motion, second by E. Seeler, to adjourn at 9:15 p.m.

 

                                                                        Respectfully submitted,

                                                                        Jan Laferriere, secretary