PLANNING BOARD MINUTES
May 14, 2008
APPROVED:
_______
AGENDA: COMPLIANCE HEARING: JEREMY MITCHELL/PAUL MORRISSETTE,
8 Central Square, #114-173
SITE PLAN REVIEW: PEFF CORP., 40 Beech St., #114-150
CONT. SITE PLAN/MERGER: SNHS ELDERLY HOUSING VI, INC.,
Lake St./Ballou Rd., #216-101, .2, .3, .4
PCC: SUSAN WORTHEN McCOMBS, Peaked Hill Rd.
SUBDIVISION: ROGER G BERLINGAME/DEVOSE YACHT CLUB
CONDOS, 210 W. Shore Rd., #108-051 & 109-001
PCC: CRAIL HOLDINGS LLC, Lake St.
COMPLIANCE HEARING: COREY & JODI JOHNSTON, 1151 Summer
St., #222-016 & -017
SITE PLAN/SUBDIVISION REGULATIONS PROPOSED CHANGES –
Number of plans
ATTENDING: Dan Paradis (Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Denice DeStefano, Clay Dingman, Jerry McGwin
Alternates: Murray Campbell, Steve Favorite
ABSENT: Elizabeth Seeler (away), Alternate: Tom Babcock (away), Don Martin (excused)
OTHER: Michelle Bonsteel (Land Use Officer), Mike Vignale (Town Engineer), public
The meeting opened at 7:00 pm. Mr. Campbell sat in for Ms. Seeler.
COMPLIANCE HEARING: JEREMY MITCHELL/PAUL MORRISSETTE
The Board looked over the letter from Mr. Mitchell’s and Mr. Morrissette’s attorney and also the Condo document which had been e-mailed to us. As these were the two items for compliance, the Board voted.
D. DeStefano made a MOTION, second by J. McGwin, to APPROVE THE SUBDIVISION OF JEREMY MITCHELL/PAUL MORRISSETTE FOR 4 CONDOMINIUMS AT 8 CENTRAL SQUARE AS ALL CONDITIONS HAVE BEEN MET. The motion CARRIED and the Notice of Decision was signed.
SITE PLAN REVIEW: PEFF CORP.
As no representative was present and the secretary reported that the request from the 30-day time period for an Appeal from Administrative Decision (against the denial of the Variance) was denied, as well as having received no phone calls or written correspondence in regard to this case, the Board determined that this case has been dropped and would need a new application if they were to come back in.
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CONTINUED SITE PLAN REVIEW: SNHS ELDERLY HOUSING VI, INC:
Justin Daniel, of Horizon Engineering, presented a plan certified by a Wetlands Scientist. It was mentioned that this is the first time that the Board has been given anything about a wetlands being present. Having this is a requirement to accept the application as complete.
J. McGwin made a MOTION, second by D. DeStefano, to ACCEPT THE APPLICATION AS COMPLETE PENDING PERMITS AND APPROVALS. The motion CARRIED.
The second checklist was then addressed. It was determined that the Board would need to look at #28 Professional stamps & signatures, #30 Statement of completion date, #32 Cost estimate or performance bond for work in town right-of-way, and #37 Additional requirements. They also need to address waterline easements and talk about the adequacy of snow removal.
Mr. Paradis stated that he had done calculations on the 2.01 acres and found that there is only enough for 26 units. He asked how they came up with 28. Bill Hart, representative for SNHS Elderly Housing VI, LLC, stated that the second phase is to be done after the sewer lines come and that would allow for 28 units.
At this time, Dave White, architect, put up renderings of the project for all to see. He stated that this is a birds-eye view of the project.
Mr. Paradis asked what keeps anyone from entering from Ballou Road (which is supposed to be for emergency use only). He was told that there is to be a sign as the Fire Chief did not want a gate put up.
Chuck Beno, business man and property owner in Bristol, stated that he has concerns with the drainage going off-site. He pointed out that the marked area that feeds the 15” pipe is now shown as a wetlands. He understands that they are to replace the 15” with a 24” pipe but everything still goes into the Newfound River. There is supposed to be a 50’ setback from any wetlands. He has a concern of the septic system that appears to be roughly 40’ away. Again, Mr. Beno emphasized his concern of the drainage off-site. He mentioned that the perimeter drain in the NE corner goes into a treatment swale, which goes into a culvert and then to the wetlands area. Mr. Beno also questioned the porous pavement to be used, stating that this has been done in Milford but hasn’t had time to test as yet. There should be no sand as this pavement is easily clogged. When Mr. Beno put in his elderly apartments, he stated that Ned Gordon cautioned him that there is a higher standard to be followed for elderly housing. Mr. Beno feels that the porous pavement will not be porous for very long. He also mentioned the liquid affluent that runs off from the septic system. Mr. Beno stated that he is concerned as he is a representative to the Pemi Chapter for Trout Unlimited.
Mr. Paradis stated that this is the first time that the Board has seen anything with the wetlands depicted and they have not had time to study this with the drainage plans. Mr. Daniel stated that all drainage goes through the existing 13” culvert which they will change to a 24”. They did the sizing for this site using the worst case scenario. There are catch basins in the parking lot.
Mr. Paradis asked about the Shoreland Protection Act. Mr. Daniel stated that they meet the current act as well as what is proposed. Mr. Daniel then added that the porous pavement has maintenance requirements. It has been used in other places than Milford, such as exist 2 on the Route 93 expansion, Webster Lake boat launch, and in other countries. He then presented the maintenance directions. As to the septic, this was planned per DES and set per their requirements.
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ELDERLY HOUSING continued:
Mr. Paradis expressed that there are potential problems with the State setbacks. He asked if they have looked at our local regulations which are more restrictive. The town engineer, Mr. Vignali, stated that they looked at porous pavement as DES was pushing hard for it. DOT is looking at it as well. He, himself began looking at it some time ago. This lot is relatively flat. They will need a lot of detail for maintenance. He recommends that a hose test be done annually. It will clog over time if you sand it. In the Shoreland Protection area, it is very tough to do much else. There should be intensive quality control when it is being put in.
Mr. Paradis asked about porous concrete. Mr. Vignali was not familiar with it. He stated that the catch basins have hoods for water quality. It is DES policy to put in grass swales. Mr. Beno asked why they do not have a sediment pond and Mr. Daniel stated that the ditch in the back is for the North Main Street drainage. He explained that the high water mark is calculated by the spillway under the Shoreland Protection Act. He pointed out that the first 150’ comes to the edge of the property and the 250’ is behind the parking lot. You are only allowed 20% to be impervious between the 150’ and 250’ sections. A bit of the building and the sidewalk are in this area so we had to be the porous pavement in order to meet the 20%. The drainage culverts, catch basins, etc. are sized as if they are non-porous.
Mr. Dingman asked if anything goes into the river that is not water. Mr. Daniel answered that the ground shall clear a lot of the contaminants.
Mr. Dingman then expressed his concern that the building is quite large for the property and asked if they have any other design in another location. Mr. White stated that they have a 1-story and a 2-story model but, because of the hill, they have had to go to a 3-story. They did look closer at the original design and found that they did not have to have a full flat roof. The space just under the roof handles heat recovery, etc. Mr. Dingman thought that they designed per what is allowed. He is concerned that, when driving to the Lake, people will see a large building and he questioned if there is any way to re-design to ease the mass as it does not blend with the neighborhood. He brought up the Master Plan which recommends that designs be in keeping with the town. Mr. Dingman asked if there are other ways to do this. Mr. White stated that there is not; he added that if we wanted that, it should be in our Zoning Ordinance. Mr. Dingman feels that some concessions could be made.Mr. Hart mentioned that they are replacing the 12’ water main for the town.
Mr. Beno felt that the design was done for the additional 11 units of Phase II and asked why they couldn’t extend the building to be a 2-story. Mr. White did not want to do that at this stage of the game. The Zoning Ordinance allows them to have 26 units but does not say how many bedrooms. Mr. Paradis stated that we base the bedrooms on what is allowed by the septic system. Mr. Dingman asked if they would consider a change and Mr. White said no. A discussion followed. Mr. White feels that the present design will fit in very well.
Mr. Paradis asked about the Zoning Ordinance that calls for 6” concrete walls between units. Ms. Bonsteel, Land Use Officer, stated that the spirit of the ordinance was for town house units. Mr. Paradis did not read it that way, he stated. He then read 4.10 as well as the description for dwelling units out loud. Mr. Paradis does not see how the Board can get around this. Mr. White stated that this wording was seen years ago when addressing houses and apartments but it did not address town houses. He spoke with the Fire Chief who felt that this does not apply to this type of building.
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ELDERLY HOUSING continued:
Ms. Bonsteel stated that there is no clarity in the codes. This does not belong in zoning and it would be cost prohibitive and would reduce the number of town houses. She feels that the side-by-side statement clarified it for she and the Fire Chief (Norm Skantze). There is no way that this can be done above and below the units. Mr. Paradis felt that the Board cannot ignore the Zoning Ordinance. Ms. Bonsteel stated that the applicant can appeal the administrative decision on this. A Variance is probably okay if the Fire Chief and Land Use Officer are okay with it. Mr. Dingman stated that one gentleman had to follow up for that and Mr. Beno said that it was mentioned at the last meeting. His original property was Newfound Meadows and it was told to SK Management. It got into the ordinance at that time. Mr. Beno is on the Planning Board in Hebron and he advised that this be run by town counsel or go to the ZBA. Mr. Campbell stated that we have no building code so the Zoning Ordinance is the existing rules.
Mr. Paradis brought attention to Chapter 9.8 in the Zoning Ordinance in reference to wetlands. He asked if there is 150’ to the leaching system and it was felt that this was only about 40’. Mr. Paradis stated that the Board cannot waive anything in the Zoning Ordinance. The applicants may need a couple of variances in order to move ahead. He would like to take time to study this. Mr. Paradis added that he knows that the developers have worked hard with the town on this but the wetlands scientist has now shown wetlands for the first time. He is not trying to kill the project but the remedy is a variance. Mr. Beno added that he wishes that they would keep the leach field as far as they can from the drainage pipe. He would rather not see a variance as it goes with the land. Mr. Beno stated that by extending the 24” pipe to the river it would still have the affluent run-off going in. Mr. McGwin asked if it is feasible to place the leach field to the rear. Mr. Daniels stated that he will look at that.
Mr. Hart asked what the concern is about the placement of the water line. Mr. Paradis addressed plat C3 where it has been moved over. Mr. Hart explained that it will be a 12” water main which the applicant will pay for and then the town will maintain. Mr. Paradis stated that it is right close to the water line. Mr. White stated that they moved it for the Water & Sewer Dept. Ms. Bonsteel added that the slope was a factor. Mr. Milbrand felt that this would need another variance and Mr. Paradis said “or a Special Use permit”. He then directed the Board to look at 9.6,A.1. We can grant this but it has to go to the Conservation Commission and the Health Officer at least 30 days before the public hearing. He asked if Fire has signed of and Ms. Bonsteel stated that Fire is satisfied. Mr. Paradis asked about access to the back of the building and Ms. Bonsteel stated that they do not want any as they could fight a fire from Lake Street, they said.
Ms. DellaCroce pointed out Section IX, 9.8 of the Zoning Ordinance and asked if that has been figured into the lot. Mr. Paradis felt that it needs to be recalculated but is okay for the 18 units he suspects. Mr. Hart asked to extend this hearing so that they can go to the ZBA.
Ms. Bonsteel asked about parking in front of the building can be done by a waiver. Mr. Paradis read Section VIII, 8.5, E2 of the Site Plan Regulations. He added that they are providing screening and the lot is not condusive so the Board is okay with this in this case.
D. DeStefano made a MOTION, second by J. McGwin, to CONTINUE THE HEARING FOR SNHS ELDERLY HOUSING VI, INC. TO JULY 9, 2008. The motion CARRIED.
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COMPLIANCE: COREY & JODI JOHNSTON:
As the conditions of compliance have now been met, the Board signed the mylar and Notice of Decision for this case.
PCC: SUSAN WORTHEN McCOMBS/CHUCH BRAXTON
Mr. Braxton stated that the Tax Map is not correct. This property goes into the transmission lines for PSNH. Holden Engineering has done the survey and there are a total of 19.7 acres. Dorcas Gordon is now recording the correction. Ms. McCombs proposes to divide the property into 5 lots. There are wetlands issues on the left side which may change how many lots they can have. Mr. Braxton pointed out the roads and, as Peaked Hill is a designated town scenic road, they will maintain restricted covenants. There is a rocky section in the middle which is high above the road. They intend on keeping a wooded buffer by the easement and along the frontage.
Ms. DellaCroce asked if they would be submitting a possible variance and Mr. Braxton said that they are not counting on that. Each lot will have 4 to 5 acres. They are trying to keep in with the neighborhood.
Mr. Paradis stated that his only concern is the wetlands. He also asked if there are any problems with the neighbors on changing the lines per the survey. Mr. Braxton stated that they spoke with each one except for Poitras whom they have not been able to connect with as yet. Ms. DellaCroce asked about there being two separate parcels and was told that they have been merged.
Mr. Paradis asked if they would have individual wells and was told that they would. However, anything said at a PCC is not binding on either the Board or the applicant, Mr. Paradis reminded all.
Judy Rice, who lives next door, asked why they want to break up the land. Each will need septic and water which will remove a lot of trees. She is speaking up for the animals that will be displaced. She and her husband moved to Jeffers Rd. because the people preserve their land. She does not feel this is a great use of the land. She has already seen Ten Mile Brook and the Poitras field development stop some of the wild life. Mr. Paradis stated that this is beyond what the Planning Board is allowed to do. Mr. Rice stated that this is a dangerous road so maintenance should be considered. Mr. Paradis stated that a possibility could require impact fees to the subdivision. Mr. Rice would rather see them sell the whole piece as one lot. Ms. McCombs stated that she would if the right buyer came along. Mr. Braxton added that they have been asked about a partial section.
At this time, Mr. Paradis thanked everyone for their comments. Ms. DellaCroce asked if the land could be available to individuals instead of developers and was told that it could.
SUBDIVISION: ROGER G. BURLINGAME/DEVOST YACHT CLUB CONDOS:
Mr. Burlingame introduced himself, Frank Yerkes (surveyor), and Joe Mancini. Mr. Yerkes stated that they would like to take a limited area and the shed and make them a 6th unit. It would also include the boat units across the road as part of unit 6 so as all of the commercial parts of the property would be under that unit. Nothing would change.
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BURLINGAME/DEVOST SUBDIVISION continued:
Mr. Paradis asked if the docks have separate ownership. Mr. Burlingame stated that they have. He has had to give each owner an abutter’s notice, along with two at the northern part of the property and 3 near the road. There is limited common area shown for unit 3. Historically, the commercial areas in question were used for gas services and boat services. The goal is to take the commercial aspect from unit 3 and put it in as a separate unit. Right now, they must carry a separate insurance to cover the commercial portion. They are not looking to change anything of the property or of any use.
They are just looking to isolate the commercial portion.
Ms. DellaCroce asked if this would mean 6 units with one non-residential and was told that this is correct. Ms. DellaCroce then questioned the 10,000 sq. ft. space needed for each non-residential unit. Mr. Dingman thought that they might need town counsel. Mr. Burlingame thought that the Zoning Ordinance refers to building another new structure. Mr. Paradis agreed that they are not changing anything but what is already there.
The checklist was then addressed.
C. Dingman made a MOTION, second by D. Milbrand, to WAIVE #10 (partial)EASEMENTS, #11 (partial) CULVERTS ON ADJACENT PROPERTIES, #12 UTILITIES, #13 SOIL TYPES, #14 TOPOGRAPHY, #16 OTHER CONDITIONS ON OTHER TRACTS, #20 BUILDING SETBACKS, AND #24 DRAINAGE PLAN AS NOTHING HAS BEEN CHANGED. The motion CARRIED.
Mr. Paradis asked for public comment and there was none.
Mr. Paradis asked about the shed on the deck and asked what is between it and the concrete. Mr. Mancini stated that it is another 4’ walkway of concrete and sand. Mr. Milbrand asked what would prevent them from changing this to a residential unit in the future and it was felt that they would need to come back to the Planning Board. Mr. McGwin asked if the shed would be left as is and it is.
D. DeStefano made a MOTION, second by J. McGwin, to ACCEPT THE APPLICATION AS COMPLETE. The motion CARRIED.
J. McGwin made a MOTION, second by M. Campbell, to APPROVE THE SUBDIVISION OF ROGER G. BURLINGAME/DEVOST YACHT CLUB CONDOS AS PRESENTED. The motion CARRIED.
Mr. Burlingame will bring the mylar and plans to be signed to the May 28, 2008 meeting.
PCC: CRAIL HOLDINGS LLC:
Craig Campbell, owner, stated that this is in reference to the old TNT Fitness lots. The two lots are now divided between he and his previous partner. On the original lot, there is a sign that was approved by the previous Code Enforcement Officer. Now, Mr. Campbell would like to put a sign on his empty lot to advertise for his off-premises business and maybe a tree guy, as well. He might park a truck there on occasion. The present Land Use Officer has denied this.
Mr. Paradis stated that there are two issues: trucks parked there and the sign issue, the latter being an issue for the ZBA as an Appeal from Administrative Decision.
Mr. Campbell stated that there is no business located on the property. Mr. Paradis explained that the use is a vacant lot at the present time and parking a commercial vehicle (s) on the lot becomes an expansion of that use. He pointed out 8.3 on page 33 of the Site Plan regulations.
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PCC, CRAIL HOLDINGS LLC continued:
Mr. Paradis went on to say that a vacant lot is not a permitted use. Ms. DellaCroce stated that some of the conflict is because Mr. Campbell mentioned that a tree guy wants to park and have his sign there also. A discussion followed as to the Zoning Ordinance and changes needed to clarify some things.
Mr. Campbell stated that the other sign is for 4 businesses and was legal per the previous permit process. He just wants a sign with advertisement for 2 businesses. Mr. Paradis again stated that he would have to appeal the administrative decision with the ZBA.
Ms. DellaCroce asked if the sign is long term or temporary. Mr. Campbell stated that he has no interest in selling his lot at the present time. The other lot belongs to another LLC and he does not know what their intent is.
Mr. Paradis stated that Mr. Campbell would need the Appeal for a sign but he would need a Site Plan if trucks are parked there. He could lobby for sign ordinance changes as Ms. Bonsteel, Land Use Officer, and the Planning Board want to work on changes for this for next March. As for the trucks parked on the lot, Mr. Paradis thought that an occasional one might be okay but if someone should complain, he would have to go through the whole process.
Ms. DellaCroce asked if the existing sign is coming down. Mr. Campbell stated that he wants to put a sign on his lot; the other sign will probably be coming down. Ms. DellaCroce asked if this isn’t kind of like a billboard and Mr. Campbell agreed. Fencing was also discussed and Mr. Paradis stated that a fence would probably require a minor site plan. Mr. Campbell stated that he will talk with Ms. Bonsteel and get something in writing.
MINUTES OF APRIL 9, 2008: Amendments: page 2, under Elderly Housing, 1st paragraph, 7th line, replace “will” with “they will”. 4th paragraph, 2nd line, after “roof” insert “exceeding 35 feet”. Page 3, under Public Comments, 1st paragraph, 2nd line, after “plans” insert “do”. 2nd paragraph, at the end of the 5th line add “(section 4.10 A). Page 5, CIP, 2nd line, after “Act” insert “meeting”. Under Other Business, 1st paragraph, 3rd line, replace “felt this may also be a good practice for the Planning Board” with “asked if the Planning Board should consider the same for consistency purposes.” Under Next Meeting, 1st line, before “changes” insert “proposed”.
C. Dingman made a motion, second by J. DellaCroce, to accept the minutes of April 9, 2008 as amended. The motion carried.
MINUTES OF APRIL 23, 2008: Amendments: page 3, 1st paragraph, 2nd line, change to read “procedures are required in the bylaws since they are spelled out in the RSA. The secretary felt that it is only necessary to specify”. Page 4, Communications, 2nd line, replace “about $1,000 that is available.” with “about a $1000 grant that maybe available.”
M. Campbell made a motion, second by D. DeStefano, to accept the April 23, 2008 minutes as amended. The motion carried.
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COMMUNICATIONS:
The ad from Jeffrey H. Taylor and Associates will be placed on file. The invitation to the Alexandria Planning Board, May 19th at 5:30 pm was read as was the 67th Annual Conference, NH LGC, Nov. 12-14, 2008, the DES letter to 120 Timber Lane LLC, the DES and Ms. Bonsteel letters regarding the MillStream, and the Low Impact Devlopment Conference & Workshops announcement.
The Lincoln Ins. 2008 publications will be held for a little while in the office. the Island Press 2008 publications shall be in the book catalogue file, the PSNH request for a public hearing for cutting on scenic roadways in Bristol was read and the public hearing will be held June 11th. Ms. DellaCroce took the Putney press ad and the May 2008 Town and City magazine.
REPORTS:
HDC: Mr. Dingman stated that they are looking to an administrative overhaul of their regulations and then will hold a public hearing.
SELECTMEN: Mr. Milbrand stated that they are busy with Ms. Corrow before she leaves. They are doing workshops (tomorrow is the dam project).
CIP: Mr. Campbell reported that he attended the Wildlife Action Plan at NLRA. The CiP 2009 to 2019 request forms are out. The next meeting will be held May 20th.
NEW BUSINESS:
Site Plans/Subdivision Regulation Proposed Changes: Mr.Paradis will write up the wording to change the request for the number of small copies needed as Ms. Bonsteel needs some for the various departments. It was thought that 20 small and 2 large might be enough for the preliminary copies.
D. DeStefano made a MOTION, second by J. McGwin, to BRING THIS CHANGE TO PUBLIC HEARING ON MAY 28, 2008. The motion CARRIED.
NEXT MEETING:
Our next meeting is May 28th at 7:00 pm. We shall hold the public hearing on the proposed changes to the Site Plan/Subdivision Regulations and will sign the Burlingame/Devost plans. As this has been a long meeting, Mr. Paradis felt that we shall plan on trying to keep the meeting short.
OTHER:
Mr. Dingman expressed his concern for no support from the Board when he suggested design changes. A fairly long discussion followed.
Mr. Paradis reported that we have heard nothing from Smartgrowth or PlanNH. Moose Plate grant might be used next time; can’t be used for private structures.
With no other business before the Board, C. Dingman made a motion, second by M. Campbell, to adjourn at 11:05 p.m.
Respectfully submitted,
Jan Laferriere, secretary