PLANNING BOARD MINUTES
June 10, 2009
APPROVED:
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AGENDA: CONT. SITE PLAN REVIEW: FREUDENBERG NOK, 450 Pleasant St., #225-002
CONT. MINOR 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
Alternates: Steve Favorite
ABSENT: Clay Dingman (ill)
Alternates: Tom Babcock (leave of absence), Don Martin
OTHER: Applicants, public
The meeting opened at 7:00 pm.
CONTINUED SITE PLAN: FREUDENBERG NOK/RENE LEFEBVRE/FRED STARK
Mr. Lefebvre pointed out that item #6 has now been added to the plan. Mr. Paradis asked if they intend to waive the building setbacks and was told that they do as the property is so large. Mr. Lefebvre then showed that they hired a surveyor who added the designation of the wetlands and the building. They had to move the building over a little after they got the exact measurements. Mr. Paradis stated that he would like the two sheets labeled sheet 1 of 2 and sheet 2 of 2 and this can be done tonight. A discussion followed as to whether or not the Board should be signing the whole plan when we are only doing the new area. It was determined that this would be okay as we should have the original plan in the office. Ms. DellaCroce pointed out that, on the white page, it says Route 24 instead of Route 104. This will be changed to Route 104 tonight.
Mr. Paradis asked for public comment and received none. Ms. DellaCroce mentioned that there are two different scales mentioned. Mr. Stark pointed out the correct one and the other one will be crossed out as this seems obvious.
D. DeStefano made a MOTION, second by E. Seeler, to APPROVE THE SITE PLAN FOR FREUDENBERG NOK WITH THE NOTED CHANGES. The motion CARRIED and the Board signed the plans and Notice of Decision after making the necessary changes (page numbers, Route number, correct scale and also to add the completion date).
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CONTINUED MINOR SITE PLAN: MARYANN PARKHURST/RAY PARKHURST
Mr. Paradis informed everyone that, as yet, no votes have been taken for this hearing. He had given the Board members a copy of the various issues that need to be addressed (he had also sent a copy to Ms. Parkhurst, he noted).
The Board then went over the list:
#1. Occupancy shown on plan must agree with allowed occupancy as determined by the Fire Chief. Occupancy includes both patrons and employees.
Mr. Paradis read the Fire Chief’s letter as well as that of Ms. Bonsteel (Land Use Officer), Mr. Chartier (from Water/Sewer), and Mr. Bucklin (Highway). He then referred back to the letter from the Fire Chief with all of the room measurements and occupancy limits. Mr. Paradis mentioned that, if they were to have 40 people on the patio, they would need more parking. Mr. Parkhurst stated that they intend to only have 12 (plus the employees). Mr. Paradis then explained that parking calculations are different than occupancy. The basis is 1 space for every 3 seats. This would come to 62 patrons inside and 12 outside plus the 4 employees for a total of 78. He asked that the Parkhurst indicate on the plan that there will be 62 seats inside and 12 outside.
#2. All conditions specified by the Fire Chief in his memos of April 17, 2009 and May 26, 2009 must be complied with unless modified by the Chief in writing.
It was determined that the memo of June 8, 2009 should also be added.
#3. Letter must be received from Jeff Chartier, Water/Sewer Superintendent, indicating compliance with his requirements.
It was determined to delete “compliance with”. This letter has been received.
#4. Fence height adjacent to the north driveway adjusted so adequate sight lines are maintained between drivers exiting the Parkhurst lot and pedestrians/drivers passing on Lake Street. Final design must be approved by Code Enforcement Officer before fence is constructed unless the fence meets the standards of Zoning Article 4.16A.
Mr.Parkhurst stated that the corner of the fence around the patio will be cut diagonally for better vision from the north driveway. Ms. Parkhurst added that the Fire Chief is to come back and measure the new patio space. It was determined that the following be deleted from #4: first line, delete “height” and in the last full sentence, delete “unless the fence meets the standards of Zoning Article 4.16A.”
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PARKHURST SITE PLAN continued:
#5. North driveway to be covered with pea stone or similar material for a distance of at least 75 ft. back from the sidewalk. Curb cut and sidewalk match to be reconstructed to standards specified by Mark Bucklin, Highway Supervisor.
Mr. Parkhurst stated that he spoke with Mr. Bucklin and they thought that an apron should be paved with drains along the sides. It would be to pave back from the sidewalk a car length (which was stated in the letter from Mr. Bucklin to the Board). Mr. Paradis stated that the pavement would not add much to the impervious area and the Board felt that this was okay. They determined to add to the last sentence of #5 “in his letter of June 10, 2009.” Mr. Parkhurst added that the 75’ of pea stone has already been done.
#6. North driveway must provide ready access for emergency vehicles. Parking adjacent to the northern boundary must not restrict access.
Mr. Parkhurst noted that the driveway itself is over 20’ wide.
#7. No live music is allowed after 10:00 PM weekdays and 11:00 PM Saturdays unless permission is obtained from the Board of Selectmen for a special event.
Ms. Parkhurst explained that she meets with the Police Chief yearly and goes through her whole schedule. Ms. DellaCroce asked how late the music is played. Ms. Parkhurst answered that it is usually 10:00 or 11:00 as some don’t arrive until 8:00 or so, therefore it would go to 11:00. Mr. Parkhurst added that the music is designed to go with the meal. Ms. DellaCroce asked about speakers and Ms. Parkhurst said that they will use the house system/cube speakers. They can control the volume. It was determined to delete “weekdays” and replace with “Sunday through Thursday” and, following 11:00PM, insert “Friday and”.
#8. No sound equipment and/or loudspeakers located outdoors or in a tent are allowed to operate after 9:00 PM unless permission is obtained from the Board of Selectmen for a special event.
Ms. Parkhurst stated that she could nix the outside speakers but she can handle the volume for this as well. Ms. DeStefano noted that this is subject to the Town noise ordinance. It was determined to remove “No” at the beginning of #8 and delete the sentence from “allowed” to the end and replace with “subject to the noise ordinance.
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PARKHURST SITE PLAN continued:
#9. Any tents erected on the site for special occasions must not remain up for longer than three days. Any such tents will meet all the requirements specified by the Fire Chief in his memo of May 26, 2009.
When asked about the extra parking that would be needed due to the raising of the tent, Ms. Parkhurst stated that she was waiting for the Planning Board decision before approaching the School to ask to use their parking lot as they are not in session in the summer nor on weekends. Mr. Parkhurst stated that the School has allowed them to do so previously. A discussion followed as to how much additional parking will be needed and determined to be the number of spaces taken up by the tent area. The Board then settled on a #11 to be added:
#11. Sufficient parking, as determined by the Chief of Police, will be secured for special events.
#10. Parking lot design must meet ADA standards. (For lots of 51 to 75 cars, 1 van-accessible space and 2 accessible spaces must be provided. Van accessible = 96” aisle; accessible = 60” aisle, which may be shared by two spaces).
Mr. Paradis explained that this means that the Van aisle must be 8’ and two other spaces must have a 5’ aisle. Two of the parking spaces can share an aisle. He thought that they could save space by having parking spaces 1 and 6 share an aisle. Ms. Seeler finds that a lot of establishments do not provide enough handicapped spaces. Mr. Paradis read the state requirement which can be found on www.ada.gov. He then gave his copy to the Parkhurst's. Mr. Paradis then asked if the hardware store is handicap accessible in the back. Mr. Parkhurst stated that it has a lip but he may look into that.
Mr. Paradis then asked about lighting for the parking lot in the back. Mr. Parkhurst stated that he is looking into motion sensor lights which will reflect down. Ms. Seeler stated that these need to be on the plan. Mr. Paradis agreed. Mr. Parkhurst asked if there is any objection or requirement if he puts two solar panels on the roof. The Board felt that this would be okay but they might want to show that on the plan, as well. Mr. Paradis asked about protection around the propane tanks and Mr. Parkhurst stated that there is a berm for the underground tank and two concrete barriers for the above ground tank. Mr. Milbrand requested that these be shown on the plan as well. Ms. Seeler asked about grease traps in the kitchen. Ms. Parkhurst stated that this is covered as both the Water/Sewer Dept. and the Board of Health check this. Ms. DellaCroce asked about a grease dumpster and Ms. Parkhurst explained that they have a grease jar and this is picked up for use by the Fire Dept. Mr. Paradis stated that the measurements are not quite accurate on the plan; it is not egregious but is not totally accurate. He added that, with the parking, an adjustment can be made to allow the 24’ between parking rows can be done. Mr. Parkhurst felt that they have 5’ on the sides that will allow for this. As to parking spaces, Mr. Paradis stated that there are 74 seats, they should cross out the kitchen, storage is okay, and the office requires 1 in every 50’ of space. He said that they need to adjust the parking calculations on the plan and add the 3 handicap space aisles.
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PARKHURST SITE PLAN continued:
D. DeStefano made a MOTION, second by M. Campbell, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
D. Milbrand made a MOTION, second by D. DeStefano, to CONTINUE THE SITE PLAN FOR MARYANN PARKHURST TO JUNE 24, 2009. The motion CARRIED.
MINUTES OF MAY 27, 2009: The following amendments were made: Page 2, last paragraph under Freudenberg NOK, 1st line, replace “CONTINUED” with “CONTINUE”. Page 4, 1st paragraph, 1st line, following “Ms. Parkhurst” insert “responded “yes” and”. Second paragraph, 1st line, replace “torch” with “tent” and last line, delete “cater from the tent.” and replace with “use the tent for catering for off-sight events.” 5th paragraph, 4th line, replace “it’s” with “its”. Page 5, under NEW BUSINESS, 2nd line, delete “The smaller one is for Planning.” and 3rd line replace “$80,000” with “$89,000”. Page 6, 1st line, replace “their” with “the Kelley Park”. Page 7, 2nd paragraph, last line, replace “dray” with “dry”.
E. Seeler made a motion, second by D. DeStefano, to approve the minutes of May 27, 2009 as amended. The motion carried.
COMMUNICATIONS:
The APA Planning Board Member Application will be dismissed as we do not have the money for it.
“Knowing the Territory” ad – This is put out by LGC and the town should have one. The book costs $18.00 and the secretary was asked to find out if the town received the complimentary copy. NLRA letter and Draft copy of the Watershed Master Plan. Mr. Paradis read the letter and reminded everyone that the meeting on this is June 16th at 6:00 pm at the Bridgewater town hall. He added that they do not address septics and agriculture very much, he finds. Mr. Favorite mentioned that there has been a report that bacteria in Lakes Mascoma and Winnisquam are being looked at as there has been an increase in cases of Lou Gerigg disease. Mr. Paradis also read the notice from the Gilford Planning Board for a tower hearing.
REPORTS:
Historic District Commission: Mr. Paradis read Mr. Dingmans’ e-mail update which explained that the HDC met last night, June 9. The primary business was for signs for TD Bank and the hearing was continued due to confusion regarding the number of exterior affixed signs are allowed. The applicant is under the impression that he may have up to 32 sq. ft. of signage per side of building instead of 32 sq. ft. total for the business. He is to see the Land Use Officer to clear this up. In addition, the TTCC replaced a wall in July 2008 (in concrete and was asked to face this with stone or brick). Knowing that they were tight with finances, the Commission gave them a year to report back as to what sort of progress had been made. The Commission determined that, given the potential mood of the town because of the current situation with the mica building, that it made sense to consult with the Selectmen as to whether or not to: enforce the HDC’s July 2008 decision regarding the TTCC wall; or
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REPORTS continued:
notice the meeting at town expense for July 2009, given that the HDC has a severely limited budget in general and in particular this year. Mr. Paradis mentioned that when the Planning Board was developing the sign ordinance, they did not consider a four-sided building. Mr. Milbrand asked if it was against the intent of the ordinance to have 32 1-sq. ft. signs and was told that he was correct. There is to be up to one free-standing and 1 attached sign per business.
Selectmen: Mr. Milbrand reported that the steel for the Central St. bridge is to come in next week. Ms. DeStefano thought that it had been brought in today. The Board thought that maybe it was the steel for the New Hampton side. Mr. Milbrand explained that the cranes come in on 7 loads as our crane is a 210 and the New Hampton crane is a 250. Ms. DeStefano said that this could have been what she had seen.
Mr. Milbrand talked with Nancy at DOT and everything for the Burough bridge is on schedule. It will go for bids in the next couple of weeks. Hill will act as the lead on and handle the cash flow. There are a couple of things that we must pay such as an easement ($5,000 to $10,000 approximately). This may not start until next year. Ms. DellaCroce asked if Hill gets any benefit from the grant and Mr. Milbrand answered that they do as this is a 50-50 split. Mr. Favorite asked if the rental of the temporary bridge is still coming from each town. Mr. Milbrand stated that it is being stored here. The rental is usually $1200 to $1900. If they needed it to go somewhere else, they would just take it and people would have to drive all the way around.
Mr. Milbrand continued to report that there is to be a special meeting on June 18th, 6:00 pm, at the Old Town Hall in regard to the Water/Sewer grant. The mica building status is pretty much the same as it has been.
Mr. Paradis stated that LRPC (Lakes Region Planning Commission) just received a grant for revitalization of former industrial and commercial sites. He will e-mail the article on this to everyone. David Munro, abutter of the mica building (owner of The Mill) has asked what the process is for a Site Plan if Mr. Suldenski goes that route. Mr. Munro states that his engineer told him that the building cannot be fixed. Mr. Milbrand, also an engineer, feels that it still can be but it will cost more than if it was torn down.
Capital Improvements Program: Mr. Campbell stated that they are to meet June 16th, next Tuesday and hope to have the new requests by then.
NEW BUSINESS: Mr. Campbell asked about adopting building codes. Mr. Paradis explained that the Board has been discouraged in doing so from powers that be/previous Town Manager, for one. Ms. DellaCroce mentioned that it was thought to be a liability issue. Mr. Campbell has spoken with Ms. Bonsteel, Land Use Officer, and she is for this and is qualified to do the job. Mr. Paradis stated that the Board has something ready to go but we need to the present Town Manager, Paul Weston. Mr.
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NEW BUSINESS continued:
Favorite stated that we never have structured impact fees. Mr. Paradis stated that these could be done on the spot. We had to wait for the Capital Improvements Program to be in existence and what was agreed to by the townspeople was not to include residential homes. A discussion followed.
Mr. Paradis feels that we need to prioritize our work load again. We have a lot that is being added, such as the Watershed Master Plan, Smartgrowth audit, etc. We have done a lot already, it was noted, such as wireless towers, sexually oriented business, impact fees, and excavations.
NEXT MEETING: Our next meeting will be held June 24th and is the continued Parkhurst Site Plan and a workshop for the Historic Section of the Master Plan. Hopefully Mr. Dingman will have the latter ready by then. In the meantime, the Board is to think about any buildings that they think should be added, such as the Old Fire Station and St. Timothy’s Catholic Church.
With no other business, E. Seeler made a motion, second by S. Favorite, to adjourn at 9:05 pm.
Respectfully submitted,
Jan Laferriere, secretary