PLANNING BOARD MINUTES
July 8, 2009
APPROVED:
___________________
AGENDA: SITE PLAN REVIEW: ROMAN CATHOLIC BISHOP OF MANCHESTER,
17 West Shore Rd., #111-005
CONT. COMPLIANCE: DOUG VOELBEL, 16 Pleasant St., #114-190
PCC: ALAN BARNARD
ATTENDING: Dan Paradis (Chairman), Don Milbrand (Sel. Rep.), Murray Campbell, Janice DellaCroce, Denice DeStefano, Clay Dingman
Alternates: Steve Favorite, Don Martin
ABSENT: Elizabeth Seeler (serious illness in family)
Alternates: Tom Babcock (leave of absence)
OTHER: Public
The meeting opened at 7:05 pm. S. Favorite sat in for E. Seeler. Mr. Paradis read the requirements pertaining to disqualifying members of the Board. Though a couple of Board members belong to the Parish and 1 member is the President of the Chamber of Commerce, abutters, no-one felt that they would be prejudiced in the first case.
Mr. Paradis then went over the Hearing procedures for the public.
SITE PLAN REVIEW: ROMAN CATHOLIC BISHOP OF MANCHESTER/BETH MORRISON, PRESENTER
The secretary read the application, the abutters notified, where the notice was advertised and stated that there were 0 phone calls and 4 Dept. Head written responses (Fire, Water/Sewer, Police, and Highway --- the latter had no requirements asked for).
Beth Morrison showed the original building and area photos and presented Kevin French, surveyor’s plans. She stated that they would like to rebuild the social center adding a full foundation and going from a 4/12 to a 6/12 pitch. Mr. Paradis asked about the rear corner being part of the original footprint. Ms. Morrison stated that it was a covered porch and still will be. They will be using more energy-efficient material, shall winterize the building, add landscaping, meet current Fire and Energy codes and add handicap parking spaces. Calculations show that they need 64 spaces for the Church, 40 + 10 for this hall, plus 4 handicapped. The social center is a positive part of the community. Some people had to make other arrangements for their wedding plans and several organizations have had to, as well. The building is 54 x 90 with a front that is 14 x 7. They are proposing to start the project in a year and then take a year to complete it.
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CATHOLIC CHURCH continued:
Ms. Morrison stated that there are no deed restrictions. She pointed out one exterior light on a tree that they intend to keep. No additional signage will be added; they will keep the sign that was on the building if it can be salvaged.
Mr. Paradis mentioned the 1-year time limit to rebuild. He added that town counsel informed us that this can be overcome if the intent to rebuild was progressing all along. This application did come in after the 1-year deadline. Father Leo, Pastor, stated that they waited for the insurance to come in. Ms. Morrison said that the building collapsed in Feb. 2008 with demolition in March or April 2008. The application for the permit is less than a year from demolition. The building permit went in Feb. 12, 2008.
Paul Harrington, who works for the Diocese and their buildings, stated that the new building will look better and be a big asset to the community. There was a complication of the insurance and then the combining of 3 Diocese. Mr. Dingman asked if we are looking to see if the intent was always to rebuild the same structure. Mr. Paradis answered that the Board must determine the intent. Mr. Dingman added that we must be consistent, as well. He asked if they have any proof of intent and Mr. Milbrand mentioned things like memos or letters. Mr. Paradis added anything showing that the insurance money was set aside to rebuild. Ms. Morrison stated that, as soon as the building was demolished, they talked with the town manager and then the Land Use Officer, Michelle Bonsteel. Mr. Milbrand said that most insurance is given with the intent to rebuild. Ms. DellaCroce asked how it would change if it is not grandfathered and Mr. Paradis stated that it would need lots of variances.
Sean Lannon, abutter, asked if there was intent, wouldn’t it be likely that they would talk to a town official. Mr. Paradis agreed but said that the Board has to look at this carefully due to precedence. Mr. Lannon began to mention page 38, Article 8 and Mr. Paradis stopped him and explained that the time to discuss this will be later on in the meeting.
Mr. Paradis determined that, in the interest of saving time, the Board will continue this hearing as if the site plan is grandfathered. Should it be determined later that it is not grandfathered, the Board will address that at that time. He went over the first checklist: It was felt that waivers would be needed for #11 Contour lines, 12 Streets within 100”, and 18 A detailed landscape plan. #14 Features within 50 feet needs more, #15 Rights of ways/easements – the right-of-way needs to be shown, #17 Surface cover – trees should be shown.
Kevin Guidi, abutter, stated that there are 4 60-90’ pines next to the white cottage whose root systems go under the area that they intend to put the new foundation. Mr. Guidi is concerned as his home is below this. Erin Guidi, abutter, added that the roots go under the cottage, also.
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CATHOLIC CHURCH continued:
Mr. Lannon said the between the white cottage and the old building is a right-of-way for walkers. There are railroad ties to define this and some were disturbed when Mr. Morrison took down the old building. Mr. Milbrand thought that the whole area is lacking a lot of detail. Mr. Martin mentioned that the Shoreland Protection Act area should be shown. Mr. Paradis explained that this area is 250’ from the Lake and the River. He added that the new version of the building has allowed for the height change. The secretary explained that the Variance has been granted but is being held for DES approval. Mr. Paradis stated that lakes and streams should be shown. #19 Permits and approvals – they may need a DES Shoreland permit. Ms. Bonsteel had recommended that they come in for a PCC (Preliminary Conceptual Consultation) but it is not required. This is the reason for doing so, however.
The second checklist was then addressed: #4 Waivers listed on the plan – needed, #6 Minimum building requirements – need on the map or as a waiver. #7 Location of Flood Zone – the flood map should be checked for informational purposes. #9 – Proposed use of lot – the plans show additional rooms and a full cellar. Ms. Morrison explained that the additional rooms are for meeting rooms and the parish office. The full foundation is structural and will help keep the building free from mold. It will be used for storage space. Pastor Leo added that the living room area is for small group meetings and, in the future, may become the rectory. #9 Proposed use of lot and #10 Purpose of plan – need notes placed on the plan.
Ms. Guidi stated that the social center did not have these meeting rooms and asked if the hall will be reduced. Mr. Paradis stated that it looks that way but it is not up to the Board to determine the size of the hall as long as the outside dimensions remain the same. Mr. Lannon asked about the floor plan of the inside of the building and Mr. Paradis answered that the Board’s purpose is to see the site and its uses. This information is supposed to be on the plan, he added. Mr. Dingman also mentioned that the Board is interested in whether they are permitted uses. Mr. Lannon read the uses allowed and questioned the use of a hall. Mr. Paradis stated that it is being looked at as being grandfathered. We are not making that conclusion this evening but are continuing the hearing as if it is. If the use is prohibited, it would be relevant but he feels these uses are allowed. Mr. Lannon stated that an office is not allowed in the lake district.
#11 Total area of parcel in acres and sq. feet – need the square feet or ask for a waiver. #12 Reference to established benchmark – show or waive. #13 Soil types and boundaries – waive. #14 Existing utilities – Mr. Lannon questioned the approximate septic as shown. Mr. Paradis stated that DES may have something to say when the Board was told that they plan on using the old system. There are no existing drainage facilities or wells. #15 Proposed utilities – None proposed, DES will determine sewer. #16 Impervious areas as % of total lot area – would like to see on the plan. The parking lot may be part of this. Mr. Milbrand asked about propane or oil outside or underground. None proposed.
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CATHOLIC CHURCH continued:
#17 Parking requirements – Ms. Morrison said that they will have all of the Church parking use when a function is being held. Mr. Paradis felt that the only problem is when something is going on and there is also a mass. Pastor Leo said that this is a matter of scheduling. Mr. Paradis asked that they calculate the parking and place it on the plan. Ms. DellaCroce asked if the Church parking can be included where it is the same owner. Mr. Paradis felt that this is the assumption but we still need the calculations. They can say they need 15 for the social center and the other two lots are to be shared. #18 Total parking provided, and #19 Location of driveways and parking spaces – These need to be shown on the plan. #20 Walks, fences, screening – Put on the plan. #21 Provisions for off-street loading facilities – None. #22 Signs – Mr. Milbrand asked if they can save the old sign and was told that no-one knows. Mr. Paradis said that they need to show the location and note the size. #23 Landscape buffer area – This is grandfathered but they need to show the natural features. #25 Building height – Put on plan. #27 Exterior lighting - Ms. DeStefano asked if there will be lights on the building and was told that there would be. The applicants were told to mark these on the plan. Mr. Lannon stated that there is another light which is on the tree by the cottage. This also should be shown. #30 Statement as to completion date – This is to be on the plan. #31 Drainage calculations – waive. #33 Known plans for development of adjacent lot (s) – waive. #34 Erosion or sediment control plans – Nee to show these. #35 Easements, Covenants, Deed restrictions – The plan should have any of these. #36 Provisions for snow removal – Need to see the snow storage area. Mr. Lannon stated that they were putting the snow in front of the social center but now will be using the building year-round.
Ms. DellaCroce asked about the Dept. Head letters and Mr. Paradis read these. The Fire Dept. said that the building will need a full sprinkler system, fire alarm system, need the kitchen to meet requirements for a commercial kitchen, exit doors with panic hardware and swinging outward, emergency lighting. Other concerns are exit routes for the small meeting room, offices and kitchen off the offices, the main entrance and exit are not well defined, exit from the primary assembly space does not appear adequate, what will be the defined use of the basement. Ms. Morrison redid the plan with all entrances shown. Mr. Milbrand wants the Fire Chief to be asked if the alarm system must be monitored or not. Water/Sewer Dept.: Need to see details of plumbing and a ¾” water line currently supplies the cottage as well as the old building. Ms. Morrison stated that the water line will be changed. The Police are requiring an officer for all contractors needing vehicle access to the highway for deliveries, etc. and want them to see the Chief concerning safety at the intersection. Ms. Morrison mentioned that the elderly project did not have to do this. Mr. Paradis felt that they should speak with the Police Chief on this. The Highway is okay with the project.
Charles Specht, abutter, asked when they will determine if this is grandfathered. Mr. Paradis will check into this. Mr. Lannon asked if he can discuss the footprint and was told that he could. Mr. Lannon mentioned that as far as the discussion of the porch, it was never there. It was just a retaining wall. Mr. Paradis asked for pictures of this area if possible. Ms. Morrison stated that the measurements were taken before the building was destroyed. Mr. Paradis explained that the property tax map does not show anything in that corner either.
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CATHOLIC CHURCH continued:
Kevin, an electrician in Ma., stated as to the issue of lighting on a tree, there should be none on any vegetation (trees). Mr. Harrington agreed and stated that they will probably take these down. Burt Williams, resident, said that he is very much in favor of this plan. The plans to rebuild have been on-going. They just want to build it right and it will be a tremendous asset to the town. Mr. Lannon asked if they could ask for a waiver and Mr. Paradis said that it could be required. Mr. Lannon stated that he loved the building. Mr. Milbrand felt that if this is not grandfathered, DOT (Dept. of Transportation) would be involved. Mr. Paradis added that they would need lots of variances and there is concern about the septic. Mr. Milbrand suggested that the applicants request a copy of the minutes.
Mr. Paradis explained that this hearing shall have to be continued and that the notice to the abutters is given here tonight. C. Dingman made a MOTION, second by D. DeStefano, to CONTINUE THE HEARING FOR THE ROMAN CATHOLIC BISHOP OF MANCHESTER TO AUGUST 12, 2009. The motion CARRIED.
Mr. Paradis called a 5 minute recess.
CONTINUED COMPLIANCE: DOUGLAS VOELBEL
As no-one has heard from Mr. Voelbel, it is customary to continue the case once as a courtesy. C. Dingman made a MOTION, second by D. DeStefano, to CONTINUE THE COMPLIANCE HEARING FOR DOUGLAS VOELBEL TO AUGUST 12, 2009. The motion CARRIED.
Mr. Dingman asked what happens if Mr. Voelbel does not come then and Mr. Paradis stated that the Site Plan is revoked.
PCC: ALAN BARNARD
Mr. Barnard stated that he has two cases to discuss with the Board. The first is for Holiday Hill/Heights. They are at the Southwest corner of Holiday Hills Drive (Ed Schmidt, 110-120.121) with a right-of-way. One lot has 40’ of frontage. Mr. Schmidt would like to make both lots conforming and reconstruct the driveway so that he has full control of it. This would be a Boundary Line Adjustment. The problem is that only one lot would then have frontage, the second would have a right-of-way. Mr. Barnard thought that it would require a variance. The Board agreed and stated that they could not waive this. Mr. Barnard stated that they could cut across at an angle to keep the frontage but the right-of-way idea would be preferable. The Board determined that they would need to keep the frontage without an approved variance.
The second case is for the West Shore Yacht Club. They originally came in and got a cluster development for 1-8 units (the State still has this). In 1993 the cluster was changed to 4 units.
Stu and Millie Rent now own it all. They wish to make it 5 units again. Mr. Barnard showed what a cul de sac would do to the lots if they were to put one in. The road entry is about 60’. They are asking to construct either a Y or T type roadway to accommodate this 5th unit, which will be up in the back.
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PCC: ALAN BARNARD continued:
If this is favorable with the Board, they will get an engineer to design this. Mr. Paradis stated that, in the past, Mr. Bucklin, Highway Supervisor, has expressed that he prefers a T/Hammerhead type. Mr. Barnard realizes that he will need the Fire Dept. on this, as well, so that emergency equipment can access it. They will also need to reduce the State plan to 2 less units, as well. They have ownership of one lot across the street, as well as the land under West Shore Rd. Mr. Barnard questioned using the frontage of a private road for the new lot and Ms. DellaCroce felt that it was similar to Newfound Sands and the Board agreed. They will need turn-around, curve, and slope waivers. Also water, State amendment approval, and a drainage study.
MINUTES OF JUNE 24, 2009:
The following amendments were made:
Page 2, paragraph 1, 2nd line, insert “required spaces” after “total”. Under Historic Section of the Master Plan, 1st paragraph, 7th line, delete “an address change” and replace with “a web address change”. Last paragraph, 3rd line, replace “the girls” with “Ms. Heaney and Ms. Gordon from the HDC”. Page 3, 1st paragraph, 1st line, insert “Ruell” following “David”. 3rd line, following “Historic District”, insert “Commission”. 4th line, before “Old Dodge Davis” insert “sole remaining building from the” and delete “/Cardigan”. 9th line, before “percentage” insert “minimum” and after “percentage” insert “of a building that needs to be original to be considered”. Under “Jay Meegan/Downtown, 1st paragraph, 3rd line, following “TE” insert “(Transportation Enhancement”.
Last paragraph, 2nd line, insert “see” at the end of that line. Page 4, Communications, last line, replace “permit” with “revocation”. Page 5, under Questioning at home, 14th line, delete “been a trustworthy building where” and replace with “inspired the same level of trust as“ and eliminate the next sentence.
C. Dingman made a motion, second by J. DellaCroce, to accept the minutes as amended. The motion carried.
COMMUNICATIONS:
It was thought that the American Planning Association ad should go to the Land Use Officer. The APA magazine will be in the office for anyone wanting to read it. Mr. Paradis read the notice for “Communities & Consequences” to be held at the NRHS Auditorium, July 27, 6:30 – 8:30. The LGC 22nd Annual Municipal Volunteer Awards are looking for nominees.
UNFINISHED BUSINESS/REPORTS:
Historic District Commission: Mr. Dingman stated that there is nothing new now. He is wondering what best to do with the TTCC and explained that they were given a COA for their wall (the HDC required cladding but they said that they had no money right then) with the condition that they come back in a year with an update to show good faith. They are scheduled to return at our July meeting. Do we remind them and who pays for the abutter notices, etc. Mr. Dingman continued by saying that, in light of the mica building, will this look like we are beating them. Mr. Paradis felt that he should have Ms. Bonsteel call the TTCC and say that they need to come in. Mr. Dingman stated that, at the time of
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HDC report continued:
the original hearing, Paul Weston, Town Manager, thought that the town could help them figure out how to do this. The HDC requested a stone wall or stone or brick cladding and to consider maintenance. He feels that they should do the same as others in the Historic District or at least show a good faith effort. Mr. Milbrand agreed that Mr. Dingman should talk with Ms. Bonsteel.
Mr. Dingman continued by saying that TD bank is to come back in for their signs and asked if this is one sign per building. Mr. Paradis stated that this is correct but he thought that it wouldn’t be unreasonable to allow two sides when the building faces two streets. Mr. Dingman said that they shall be coming in next week, also.
Selectmen’s report:
Mr. Milbrand said that the summer town meeting will be held next Saturday and there will be a public hearing on removing electric lights on 7/23/09. The Kelley Park concerts begin tomorrow night. The steel spanning on Central Street bridge is in progress. They are working to complete by Labor Day with a couple of weeks after for clean-up. As to the mica building, the permit to repair was issued today so that they can shore up the building. There are 14 articles on the permit to comply with and Mr. Milbrand believes that they have 5 weeks to do this.
Capital Improvements Committee:
Mr. Campbell stated that they are to meet again July 21st. They are to take a tour of the Water Sewer Dept. this Friday at 9:00 a.m.
UNFINISHED BUSINESS:
Swiss Village: Mr. Paradis stated that the issue about Swiss Village has gone to Ms. Bonsteel to check. The secretary explained that, when she went to put our file for Mr. VanDerven’s project, the file was missing and she only has minutes now. Mr. Milbrand expressed his disgust with this and said that we have got to find a better way. He will look into this.
Municipal Officials presentation: Mr. Paradis asked Ms. Bonsteel to set this presentation up and she has learned that they have too much going on right now and will move this to September.
NEW BUSINESS:
Transportation Enhancement (TE) update: Mr. Favorite stated that he has officially registered the TE plan with the State. He found paperwork stating that Bristol has been pushing for this since at least 12/10/1995. LRPC has the same copy of history and Jeff Chartier, Water/Sewer Superintendent, put in his plan for pipes that will need to be redone at the time of the roads. The mica building was called the pigeon hotel back then, he noted. Also, Dave Powden stated that “You have to spend money to make money” at that time. The potential loss of parking spaces is a concern. Sept. 15th is their hearing. The State has asked for a town planning contact to go to the Conference in July or August. Our position looks favorable.
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TE update continued:
Ms. DellaCroce asked if they want just one individual or can more go. Mr. Favorite stated that they want one as a main contact (Paul Weston, at the moment) but they also want someone who will carry this through. Mr. Paradis stated that we need basics and the State; is there any hope that this is it? Mr. Favorite asked what happens to drainage. He and Jeff Chartier talked of two retaining tanks. Ms. DellaCroce expressed that Mr. Favorite has done a lot of work on this and he must feel good about what he has accomplished. Mr. Favorite said that it helps that Mike Izard, LRPC, is behind it. Mr. Paradis and the Board thanked Mr. Favorite for all he has done.
NEXT MEETING:
Our next meeting will be held July 22nd. It is a workshop meeting and we shall plan to set our priorities and get any further HDC update on the Master Plan Historic section.
With no other business, C. Dingman made a motion, second by D. DeStefano, to adjourn at 10:25 p.m.
Respectfully submitted,
Jan Laferriere, secretary