PLANNING BOARD MINUTES
July 22, 2009
APPROVED:
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AGENDA: WORKSHOP: SET PRIORITIES, HDC UPDATE ON HISTORIC SECTION
OF THE MASTER PLAN, INTERPRETATION OF ZONING
ORDINANCE ARTICLE IV, 4.12C.1a & C.3a
ATTENDING: Dan Paradis (Chairman), Don Milbrand (Sel. Rep.), Murray Campbell, Janice DellaCroce, Denice DeStefano, Clay Dingman
Alternates: Steve Favorite
ABSENT: Elizabeth Seeler (excused – death in family)
Alternates: Tom Babcock (leave of absence, Don Martin
OTHER: Michelle Bonsteel (Land Use Officer
The meeting opened at 7:00 pm. S. Favorite sat in for E. Seeler.
WORKSHOP:
Interpretation of the Zoning Ordinance, Article IV, 4.12C.1a & C.3a
Mr. Paradis explained that the interpretation by the Zoning Board Chairman was in contrast to that of the Land Use Officer in a recent case and Mr. Paradis would like to verify with the Planning Board as to our intent. Mr. Paradis felt that, in the Lake District, there was to be no vertical extensions what-so-ever. The Board agreed. Based on this, Mr. Paradis stated that only Ms. Bonsteel, Land Use Officer, or the Selectmen could ask for a rehearing.
As there is confusion, Mr. Paradis wished to discuss how to clarify this. He distributed copies of Town Attorney, Bernie Waugh’s interpretation which could go two ways: as the Board had intended and as Mr. Bouchard, ZBA Chairman, had in which he felt that it did not go above the height of the highest point that was existing. Atty. Waugh expressed that the Ordinance is ambiguous when applied to this particular proposal. He pointed out that the terms “height” and “addition” are not defined.
Mr. Paradis felt that we probably need to define “addition”. Ms. DellaCroce asked how to determine if a similar situation comes up. Ms. Bonsteel gave an example of a 2 ½ story Colonial with a 1 ½ story attached garage and the owner wishes to build over the garage up to the height of the Colonial. Mr. Paradis stated that it would be determined that there would be a floor area increase and, therefore, would be an addition. Ms. Bonsteel asked about a shed dormer on part of a Cape. Mr. Paradis answered that there would be no increase in floor space. Mr. Campbell asked about two dormers which become connected. Mr. Paradis felt that this situation would increase floor space. Mr. Dingman stated that the owner might do this just for additional light and not for increase in floor space. Ms.
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WORKSHOP: INTERPRETATION continued:
DeStefano added that it might be for more head room. Mr. Campbell felt that some cases would be for a skylight with no increase in floor space. Mr. Paradis felt that a definition of “addition” could resolve the problem.
Ms. Bonsteel asked how to determine height and Mr. Paradis answered that the height would be the highest point. Ms. Bonsteel mentioned that an example would be like a gable roof and a flat roof section being changed so that all would match.
Mr. Paradis felt that the ZBA sees height already as they did with the Catholic Church case. It was the Desmarais case that was seen differently. Mr. Favorite compared it to manufactured housing that raises the pitch of the roof for snow. Mr. Paradis stated that the difference is the need of a variance if the location is in the Lake District and on a non-conforming lot. We had in mind blocked views and no increase of mass of the building. Mr. Dingman felt that we should make it clear as, over the years, he has seen people who look for loopholes. Mr. Paradis mentioned that they might be considered an increase if it is just for storage.
Ms. Bonsteel asked if accessory sheds are exempt. Ms. DellaCroce answered that they are as long as they meet setbacks. Ms. Bonsteel explained that she has sent everything to the ZBA since 2008; and she questioned sheds that meet setbacks using the example that, in some cases, two lots have been merged but they are still non-conforming but the shed is within the setback. Mr. Paradis said that they have not had a discussion of additional accessory structures.
Ms. DellaCroce asked how a recent ZBA case is handled where they wished to make a mud room by adding 64 square feet. Mr. Paradis felt that this would come under the percentage of lot covered by structures. Ms. Bonsteel assured the Board that she looks at that. Mr. Paradis also stated that some would come under the Shoreland Protection Act.
Mr. Paradis asked the Board to think about this and we can discuss it for the next Zoning cycle. We had only looked at principle structures previously, not accessory buildings. Ms. Bonsteel mentioned that in Franklin, with Webster Lake, nothing can be added; their rules are very intense. Meredith is the same. She feels that we are very lucky that this Planning Board has acted on over-crowding of the Lake as soon as they did.
Mr. Paradis stated that the Board will define “addition” and will address accessory structures. Mr. Favorite asked Ms. Bonsteel if she gets photos of before and after. Ms. Bonsteel answered that she asks for dimensions and often gets photos.
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WORKSHOP: INTERPRETATION continued:
Ms. Bonsteel asked about farm produce signs, etc. and if temporary or seasonal signs are the same as permanent ones. They could go for Special Exception. Ms. Bonsteel mentioned the Walker sign, Cardigan Mountain sign, and that of an old man for blueberries. It seems like these are so few and such a small amount of money. Mr. Paradis answered that, normally it’s a case of just looking the other way and, when a complaint comes in, and then we have to do something. Mr. Favorite stated that Dennis of DOT has dealt with the Walker sign and it is now across the street. Ms. Bonsteel explained that Evil Cycle had a sign that was in the State right-of-way, which was hit and the State was liable so they are clamping down. In speaking with Rick Alpers, Selectman, he leaned to exemption of seasonal signs but then we have Kay’s Pub. Maybe we should get a signed approval from the property owner and charge a $25.00 permit fee. Ms. DellaCroce mentioned that there is an RSA for agriculture and their signs. Ms. Bonsteel stated that the State is saying any sign that can be seen by anyone on Route 104 needs a State permit except for on-premises signs.
SET PRIORITIES:
A list of priorities was distributed. Mr. Paradis stated that we have booklets, information, and needs from the Planning Board for Smartgrowth, Watershed, a Water Resources Plan, the State handbook, the Charrette, Blasting, and Housing besides. He asked what the Board would like to prioritize. #1 Steep Slopes has been on the agenda for some time and would cover such areas as Sunset Heights. Mr. Dingman mentioned #6 Revision of Site Plan forms to combine the two checklists. Mr. Paradis stated that he and Ms. Bonsteel have completed a checklist and he will combine the rest into a single checklist, removing what is included in that. Ms. Bonsteel added that the ZBA is to have a face page checklist for the applicant to check and then she will check. Mr. Dingman felt that this is good and the Board can reject the application when it is not complete. He asked about mandating a PCC. Ms. Bonsteel said that she strongly suggests this to the applicant but she has no authority to enforce it or to enforce the completeness of the application. A discussion followed.
Ms. DeStefano felt that the web site should post the status of hearings. The Board then held a discussion on the directions given applicants. It was felt that the applicant should sign the checklist and then Ms. Bonsteel should sign it, before it comes to the Planning Board secretary. This way, we could be certain that Ms. Bonsteel has seen it. Without her signature, they do not get on the docket. Mr. Paradis and Ms. DeStefano both stated that they are willing to work on the final checklist.
Mr. Paradis stated that #1 is already in process and #6 as well. Mr. Campbell asked about the code enforcement presentation and Ms. Bonsteel stated that they are busy right now and want to wait until September. Mr. Paradis felt that #7c establish building codes and occupancy permits could be addressed after the presentation. He asked about #7a Steep Slopes and the Board felt that they should work on that. Ms. DeStefano mentioned that she did Dark Skies also and it was agreed that this could be looked at, as well. The Board agreed that this should be included.
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PRIORITIES continued:
Ms. Bonsteel asked about #7d Limit % coverage by impervious surfaces. Mr. Paradis explained that the % coverage that we have already is for sight where this is for run-off. It would be easy to do. #7e Enact architectural standards is too much for now, he feels. Ms. DellaCroce asked about #7f Strengthen groundwater protection. Mr. Paradis was not sure if that should come under Planning Board jurisdiction or the Selectmen. Ms. Bonsteel said that we have groundwater protection now. It is under “Innovative Land Use Planning Techniques”.
Ms. DeStefano felt that the Board should start early on these projects. Mr. Paradis asked the Board to give them some thought and see what they each would like to work on.
HDC UPDATE:
Mr. Dingman reported that he has made two text edits. He spoke with the HDC (Historic District Commission) about taking a main street of town and add a section a year. The significance is age or history. Ms. Gordon and Ms. Heaney are to work on this. They will update what is already there, as well. The programmer will make a form on the web site and have it available on line. Changes will only be allowed by anyone who has administrative access. They will update the data there and then add the on-going information.
Mr. Paradis suggested that the Inventory could be separate from the Master Plan. Ms. DeStefano agreed. Mr. Dingman stated that the HDC will continue to work on this. Ms. DeStefano suggested that it be referred to as Addendum A in the Master Plan. Mr. Paradis and Ms. DellaCroce thought that a time line is needed. Mr. Dingman said that some is architectural. He mentioned that National Parks use 50 years and he is willing to cut off at 50 years also. Ms. DellaCroce mentioned that there is a lot of information on the tax cards. Mr. Paradis asked the purpose of all of this and Mr. Dingman stated that the HDC would want the history. He recommended that they do the National Registry and reference the Addendum in the Master Plan. Ms. DellaCroce asked who is responsible for determining style, such as Queen Anne, etc. Mr. Dingman answered that they will do this where they can and then get someone who knows for the rest.
Ms. Bonsteel was thanked for coming in this evening and she left.
MINUTES OF JULY 8, 2009:
The following amendments and clarifications were made:
Page 2, 2nd paragraph, 2nd line, replace “progressing” with “existing” and following “all along” insert “and something outside of their control prevented the applicant from proceeding”. Line 3, following “Father Leo” insert “LeBlanc”. Third paragraph, 3rd line, replace “Diocese” with “Parishes”.
Page 3, 1st paragraph, 1st line, following “Mr. Lannon said the” insert “area”. Fifth line, delete “building” and replace with “Shoreland Protection Act”. 3rd paragraph, add the following sentence at the end, “Mr. Paradis said he would look into this before the next meeting.”
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MINUTES continued:
Page 6, Unfinished Business, Historic District Commission, 6th line, insert “current situation with” before “mica building” and delete “beating” and replace with “being unfairly demanding of”.
Page 7, 1st paragraph, 2nd and 3rd line, replace “and to consider maintenance” with “as doing so could be considered maintenance and would not require a Certificate of Approval”. 2nd paragraph, 3rd and 4th line, delete “Mr. Dingman said that they shall be coming in next week, also.” Under New Business, 3rd line, insert “Sept. 1989 and” before “12/10/1995”.
S. Favorite made a motion, second by C. Dingman, to approve the minutes as amended. The motion carried.
COMMUNICATIONS:
Communications were looked at: July/August Town & City magazine and Lincoln Institute magazine will be in the office for anyone to look at. There was also a draft copy from Ms. Bonsteel in regard to Blasting and this is another item to be placed on the list of things to do.
UNFINISHED BUSINESS: REPORTS:
Historic District Report: Mr. Dingman reported that a COA (Certificate of Approval) was given to TD Bank and the Commission heard a PCC (Preliminary Conceptual Consultation) with Alan DeStefano regarding a tenant of Joe Santamaria’s building. They wish to hang a perpendicular sign and were told that simple signs can be allowed by the Land Use Officer. Ms. Gordon asked if the Commission is comfortable with that and Mr. Dingman explained that the Standards would cover it.
Selectmen: Mr. Milbrand stated that the steel is up on the Central St. bridge. They are asking for five extra days to complete this. In 2 to 3 weeks, they expect to go out to bid for the Burough Rd. bridge. Mr. Paradis asked if they have a design and Mr. Milbrand stated that the design was done 2 or 3 years ago. There will be a public hearing on the light poles tomorrow night. The mica building has 3 more weeks to shore the building up and an engineer will sign it off before the abutters can move back in. Mr. Favorite stated that scheduling for the PSNH light poles is to be at 5:30pm to discuss lights to be removed, left, or moved to a better location. Ms. DellaCroce asked about the colors on the poles and Mr. Favorite answered that two rings mean that those poles are designated to be deleted. Some poles will be moved to the opposite side of the road.
Capital Improvements Plan: Mr. Campbell stated that they met last night. The Department Heads were in and now the committee is to record them by priority and justification. Mr. Paradis mentioned that Paul Weston, Town Manager, feels we need a Space Needs Committee. Mr. Campbell continued by saying that the committee will tour the Fire Dept. on Friday and will schedule a tour of the Police in August or September.
NEW BUSINESS: None
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NEXT MEETING:
The next meeting will be held August 12, 2009 at 7:00 pm. We have the continued Catholic Church and Mr. Voelbel on the agenda. Mr. Paradis may cancel the workshop meeting for Aug.26th and give the Board a break before starting on the priorities.
With no other business, C. Dingman made a motion, second by M. Campbell, to adjourn at 8:50 pm.
Respectfully submitted,
Jan Laferriere, secretary