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PLANNING BOARD MINUTES

August 13, 2008

APPROVED:

__________

AGENDA: Subdivision: J. P. Jr. & Elizabeth MORRISON, Jonelle Drive, #211-026

Cont. Site Plan: SNHS ELDERLY HOUSING VI, INC., Lake St. & Ballou Rd.,

#216-101.2, .3, .4

Numbering Change: Jeff SHACKETT/BLACK BROOK VILLAS

Proposed Bylaw Changes

ATTENDING: Dan Paradis (Chairman), Betty Seeler (Vice Chairman), Don Milbrand (Sel. Rep.), Janice DellaCroce, Clay Dingman, Jerry McGwin

Alternates: Tom Babcock, Murray Campbell, Steve Favorite

ABSENT: Denice DeStefano (ill)

Alternates: Don Martin (excused)

OTHER: Michelle Bonsteel (Land Use Officer), Joe Denning (Selectman), Mason Westfall & Carroll Brown Jr. (Conservation Commission), public

The meeting opened at 7:00 pm. Mr. Campbell sat in for Ms. DeStefano.

SUBDIVISION: J. P. JR. & ELIZABETH MORRISON/KEVIN FRENCH

Ms. Seeler asked to step down due to conflict of interest. Mr. Babcock replaced her. The secretary read the application, list of abutters notified, where the hearing was advertised and stated that two letters had been received. Mr. Paradis explained the process for the hearing.

Mr. French presented the plan and showed the location. It is a 15-acre lot to be divided into 3 5-acre lots. The minimum for this area is 1 acre. The minimum frontage is 100’ and all meet this requirement. They do not need State Subdivision for this case. There is a drainage ditch along the north side of the northernmost lot. Jonelle Drive is a private road.

Mr. Paradis began the checklist at this time. He read the waiver request. #11 (culvert size) was to be looked at. #14 (topography) was questioned and Mr. French stated that they used 5’ intervals.

#16 (conditions on adjacent tracts). Mr. Paradis explained that this is not found in the section listed and the Board has usually waived it. #23 (construction drawings of roads) & #24 (drainage plan) were asked to be waived Mr. French stated that, typically, #23 & #24 are for new roads or construction, none of which is to be done at this time.

Mr. Paradis then read the letters that were submitted as they were pertinent to #23. The letters were from Gilbert T. Murphy and from Jill & Paul Revels. Both letters cited complaints about the road. A discussion erupted. Mr. French stated that it is a gravel road.

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MORRISON SUBDIVISION continued:

#11 was discussed and Mr. Paradis felt that the size of the culvert can be added to the plan. Mr. Milbrand felt that, with the controversy on the two roads (Ernest and Jonelle), the Board needs to do research instead of waiving #23. Mr. Babcock asked if it would be possible to have Mark Bucklin, Highway superintendent, check the condition of the roads. Mr. Paradis agreed that this is possible. With this new subdivision, the roads must meet today’s standards. The three remaining checklist items were addressed separately.

D. Milbrand made a MOTION, second by C. Dingman, to PROPOSE TO DENY THE WAIVER FOR #23, ROADS. The motion CARRIED.

T. Babcock made a MOTION, second by D. Milbrand, to GRANT THE WAIVER FOR #24, DRAINAGE. This is for the drainage on the property. The motion CARRIED.

C. Dingman made a MOTION, second by D. Milbrand, to APPROVE THE WAIVER FOR #16, CONDITIONS ON ADJACENT TRACTS. The motion CARRIED.

Mr. Morrison asked why the Board did not grant the waiver for the road construction as no road is to be constructed now. Mr. Paradis explained that the Board will need to research the present road agreement to be certain that they warrant the acceptance of further subdivision there.

The hearing was then opened to public testimony.

Susan Westland, corner of Jonelle & Ernest, stated that she was told that Mr. Morrison was to maintain the roads. On returning home one evening at 5:00 pm, after a 12” snowfall, the roads had still not been plowed. Mr. Morrison sends a small truck sometimes during the evening. This brings the road down to single size. He did bring in a grader in the Spring. The residents then received a bill of $500.00 for plowing and sanding. Mr. Revels took over the plowing; has raked, added soil and gravel and the roads are in much better condition because of his efforts. Mr. Paradis stated that this is a private agreement between the abutters and Mr. Morrison. Mr. Babcock thought that it would come under the Association and Ms. Westland said that they are not an Association.

Paul Revels, Jonelle, stated that he built his home with a permit and there was no agreement. He feels that he shouldn’t have been able to get the permit until the road situation met specifications. He has built a salt shed, but there is no guarantee that the fire department, ambulance, or police can get through. An engineer came in and said that they will need to do a lot for thousands of dollars in order to bring the road up to specifications. He has paid $800.00 a year for salt and sand. The abutters wish to hold off until the road issue is resolved. Mr. Revels gets $300 to $400 from his neighbors to help.

Mr. Paradis asked how many lots on Jonelle have been built on. Mr. French answered that there are four.

Bill Hislop, Jonelle, stated that the roads are not the best and they tend to them themselves. If this subdivision goes through, it would make it even more difficult to maintain.

Mr. Morrison asked if it is correct that road maintenance is not the purview of the Planning Board. Mr. Paradis answered that he is correct but the Board needs to know the condition of the road. He wondered is the lots were sold priced as not being on an approved road. This subdivision is for 3 more lots. How many houses are on Jonelle and Ernest? Mr. Morrison felt that there are 1 ½ houses and he said that if we go with Mr. Hislop, it would double with 3. Mr. Paradis felt that there are grey areas to this. Mr. Morrison said that the Board should speak with Mr. Bucklin.

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MORRISON SUBDIVISION continued:

Mr. Morrison said that he sent the results of not being up to specs., found by the engineer, to the abutters. Several abutters in attendance stated that they never got them. Mr. Morrison did not understand the concern as he felt that instead of having 1 share for the road, this subdivision would bring in 3.

Mr. Revel thought that no building permits should have been given until the roads were up to specs. He added that he will continue to maintain the roads. Mr. Paradis felt that the Board needs to delve into the history of the previous subdivision. He added that, at present, any frontage must be on a town specified road that is paved.

Mr. Shackett, resident, asked about an example: if he owned 100 acres and wanted to subdivide 10 acres for his son, would he need to have the road up to town specs. Mr. Paradis stated that things could be waived. The starting point is for the roads to be to town specs. They could negotiate with the maintenance and/or improvements with Mr. Morrison. Mr. Shackett stated that he would hate to require him to pave the road as it takes from the rural nature.

At this time, the Board agreed that they need more information.

Mr. Hislop stated that he is not in favor of paving but they do need upgrades and drainage. Mr. Paradis stated that the Board will need Mr. Bucklin’s recommendation and to look at the history of the original subdivision. Mr. McGwin asked about the need of the Police and Fire opinions. Mr. Paradis felt that they could be included. Ms. DellaCroce asked about waiving the drainage and Mr. Paradis stated that this waiver was only for drainage on the property.

Mr. French asked if it would be appropriate for him to speak with Mr. Bucklin as well and Mr. Paradis said that it would. The abutters asked if it would be possible for them to get a copy of the results and they were told that it would become public record.

Mr. Morrison asked if the problem is with the subdivision itself or with the access. Mr. Paradis stated that the Board will need to research so as to determine the frontage. Mr. Morrison stated that the roads were built to town specifications at the time.

Mr. McGwin made a MOTION, second by C. Dingman, to CONTINUE THE SUBDIVISION OF MR. MORRISON TO SEPTEMBER 10, 2008. The motion CARRIED.

Mr. Babcock stepped down and Ms. Seeler returned to the table.

CONTINUED SITE PLAN: SNHS ELDERLY HOUSING VI, INC.

Mr. Paradis stated that the Board shall also be looking at the application for a Special Use Permit.

Mr. Grandmaison introduced himself and stated that he is filling in for Mr. Hart. Also with him this evening is Rob Schaffer, Steve Lafrance, and their attorney. They are seeking approval this evening. Mr. Grandmaison stated that they have just dedicated the Elderly Housing complex in Ashland. They have heard the Board and the public and have provided a town water main for the Water/Sewer Dept. and a community room at the request of the Police Chief. They will not seek Phase II unless town sewer comes to the property.

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ELDERLY SITE PLAN continued:

Mr. Schaffer, the architect, stated that he has flipped the building and moved it to the right so as to accommodate the leach field. The new plans show this as well as the elevation. The propane tanks and dumpster have been pulled back from the 50’ setback. There is a letter from the Fire Chief on the revised plans. Mr. Paradis read the letter which approves the new plan.

Mr. Lafrance, Horizons Engineering, stated that the revised Site Plan was driven by the location of the septic system. It now meets all local and state requirements. Mr. Paradis asked if pervious pavement is still proposed. Mr. Lafrance answered that it shall be porous pavement. Mr. McGwin asked if Proposal C will negate Phase II. Mr. Grandmaison answered that they will not pursue Phase II without town sewer. Mr. Milbrand thought that it looks like they could expand. Mr. Lafrance agreed and said that expansion would be to the left.

Request for Special Use Permit: Mr. Paradis read the request. Carroll Brown, Conservation Commission, apologized for not getting back to the Board and stated that the commission has no problem with the request as read. Mr. Paradis read the section of the commission’s minutes pertaining to this case. Mr. Walenda, resident and representing his abutting son, stated that there is a lot of water run-off from North Main Street. He feels that it will pollute the water. The elderly take showers about the same time and it will tax the system. Mr. Paradis explained that the Special Use permit is to allow the applicants to work in the area of the 50’ from the drainage ditch/wetland for construction. Mr. Walenda stated that there is a water line there already. Mr. Lafrance said that there is but it is not large enough. Mr. Paradis explained that the applicants negotiated with the town on this. The Health Officer letter was read. Mr. Denning, Selectman and resident, stated that the Conservation Commission, Health Officer, and others have all agreed with the request and he would like to support it and move along.

C. Dingman made a MOTION, second by J. McGwin, to GRANT THE SPECIAL USE PERMIT AS REQUESTED. The motion CARRIED.

Mr. Paradis continued with the plan itself and he displayed some conceptual views, stating that Ashland is two stories where this one is three stories. Mr. Milbrand asked about drainage for the sake of the audience and Mr. Lafrance showed the drainage paths. Mr. Paradis added that they have met the State requirements. Mr. Lafrance showed a drainage ditch behind the building with catch basins and a swale. He said that there is no net increase in drainage from the site. Mr. Paradis asked about any increase due to the building and Mr. Lafrance answered that the development is in the lower portion of the property and by having the pervious pavement, it washes out. Mr. Brown stated that the Conservation Commission looked at this pretty closely.

Mr. Paradis asked if they have all of their permits. Mr. Lafrance stated that they only have the DES permit to get and he spoke with them and they said that they have no problem with the project but have not finished the permit yet.

Chuck Beno, property owner in Bristol, stated with respect to the new pond and spillway, the spillway is about a foot above the pond and runoff is not effectively being treated. Mr. Vignale previously said that not everything was being treated. Will we see the pond turn green? Maybe the water could be treated to eliminate contamination to the pond. He asked if this is the same plan that was given May 12^th. Mr. Lafrance answered that it is. Mr. Beno asked if it should be resubmitted.

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ELDERLY SITE PLAN continued:

Mr. Lafrance explained that they have only amended to meet an Alteration and Terrain permit. These changes should be okay. They have improved the situation with the building and made the parking lot smaller. Everything meets the new rules. Most of the water goes into the treatment swale and comes from drain run-off. As to roof run-off, that is not required generally. They could have bypassed the swale as all goes through the pavement. The pavement is effective even in winter and there is a maintenance plan for it. If damaged, it can’t be patched beyond 10%. The applicants have met the standard. Mr. Lafrance added that he has not seen the plan to the dam. The treatment swales are higher than the pond anyway. Mr. Babcock asked what a treatment swale does. Mr. Lafrance answered that it is a grass swale that handles 10’ per second or 1’ percentage. They may need to reconsider the new rules. Mr. Schaffer stated that they added two swales. Mr. Beno said that Mr. Vignale said 15’ to 20%. Mr. Lafrance stated that the percentage removal will depend on many things.

He is not sure that they have any other options. Most of the drainage is coming from off-site to them.

Mr. Brown stated that they are only increasing what is coming off the building and the treatment swale is a legitimate filter. Mr. Lafrance added that contaminants can mean simple things such as sand. Mr. Brown stated that he spoke with DES on Monday about the Turner plan and the pond, so they are well aware of the situation. The leach field design is allowed by DES. Mr. Paradis agreed.

Mr. Beno asked if the Senior Center is going into this building and asked if extra parking will be needed. Mr. Schaffer stated that, at the request of the Police Chief, they are providing a room for them and the applicants have asked not to be punished because of this. They do have extra parking as 19 spaces are required and they have 24. Ms. DellaCroce stated that the plan says 22. Ms. Bonsteel got the enlarged latest plans which show the 24. Mr. Milbrand asked the capacity of the room and was told about 10. Mr. Walenda asked if it is supposed to be 1 ½ per unit. Mr. Paradis looked this up and found that it is 1 space in a multi-family with 1 bedroom units. Mr. Denning explained that the room is for a group of 8 or 10 people who gather at Dunkin Donuts. Mr. Schaffer added that there is a separate gathering room for the occupants.

E. Seeler made a MOTION, second by J. DellaCroce, to GIVE CONDITIONAL APPROVAL TO THE ELDERLY HOUSING PROJECT. THE CONDITIONS TO BE THE ALTERATION OF TERRAIN AND WETLAND PERMITS. The motion CARRIED and the conditional approval was signed.

CORRECTION OF NUMBERING: JEFF SHACKETT

Mr. Shackett explained that he has finally received the final plan that will correct the numbering issue. On this plan is the numbering that was registered in Haverhill. The main house is to be 1 unit instead of 2 and the numbers changed accordingly. He also pointed out that a couple of the buildings have been turned a little due to terrain. The Board will compare this plan to the original plan before they sign it. Mr. Shackett will also need to pay the additional fee for recording this mylar.

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NEW BUSINESS:

Yard sales: Ms. Bonsteel stated that the Town Manager, Paul Weston, will want to know the outcome of this new format which was done by Krystal Alpers, Adm. Ass’t. to the Town Manager. Ms. Alpers is asking for a $10.00 fee and an application for all yard sales. Mr. Paradis stated that there are at least 10 things that are wrong with this. He noted that we have listed Home Occupations in the Ordinance and these are referred to as Home Based Business. Ms. Bonsteel stated that she had no input to this and she does not support it. The secretary added that neither she nor the Board were asked for input either. Ms. DellaCroce asked how they plan on enforcing this. Ms. Bonsteel questioned if they will have to hire another person. She mentioned that if they are looking to resolve the North Main St. on-going yard sale, it is grandfathered. They are maintaining the business in the barn and the sign is in the square. Mr. Paradis stated that temporary signs are allowed 28 days per year and asked who will regulate this. Ms. Bonsteel stated that she has 22 years experience in Land Use. We need to ask the intention. Temporary signs seem to be for banners and free-standing not 24” sandwich signs which are growing. Ms. Bonsteel feels that this is a bad time to clamp down with the PlanNH charrette coming.

The Board agreed and several stated that they do not feel that the sandwich boards are necessarily bad.

A discussion followed about the Barbershop which is moving to the empty bakery store. He is thinking of a barber pole. Ms. Bonsteel feels that we have 3 things to consider right now: summer, the economy, and the charrette. Mr. Paradis felt that the Board needs to look at the whole sign ordinance. Mr. Milbrand will speak about this to the Selectmen. In the meantime, Mr. Paradis would like thoughts from the Board, especially cash only checks and full public view while the sale is in process

(the proposal states between certain hours which makes it sound like they need to be up the whole time.

MINUTES for JULY 23, 2008:

The following amendments were made:

Page 2, under Next Meeting, 1^st line, replace “July” with “August” and 2^nd line replace “Morrisson” with “Morrison”.

C. Dingman made a motion, second by J. McGwin, to accept the minutes as amended. The motion carried.

PROPOSED CHANGES TO THE BYLAWS:

The Board discussed when the secretary notes and the tapes should be destroyed. It was felt that they should go along with the ZBA’s description which destroys the notes following the approval of the minutes and the tapes once the 30 day appeal/rehearing time is over unless an appeal or rehearing is to be held.

C. Dingman made a MOTION, second by D. Milbrand, to USE THE SAME LANGUAGE AS THE ZBA IN DEALING WITH NOTES AND TAPES. The motion CARRIED.

Ms. DellaCroce asked that we check to see if the Zoning Board bylaws refer to the Planning Chairman to head joint hearings. The secretary shall check.

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COMMUNICATIONS:

The notice for the NH Fall Planning & Zoning Conference was read. The York Bridge Concepts ad was given to the Selectmen. The DES permit for Kenneth A. Latronico was looked at.

Mr. Paradis read a copy of a letter from Norm Skantze, Fire Chief in regard to the sprinkler system put in at 26 Central Square. The Land Lines magazine was looked over and the secretary will fill out the Metrocast request, listing the Elderly Housing.

REPORTS:

HDC: Mr. Dingman reported that the commission just signed an approval for a sign for First Connecticut Mortgage.

Selectmen: Mr. Milbrand was in Colorado so he missed the Summer Town Meeting. Board members filled in by saying that there were about 20 people, 10 residents. Some asked about the Sewer. Mr. Milbrand stated that the latest is that the pipes downtown will not handle the extension to the Lake so the Selectmen have now hired Underwood Engineering to take over. He added that the Central St. bridge will be set in the Spring and is now on the original schedule.

CIP: Mr. Campbell stated that we need to move this to another date as neither he nor Mr. Weston can attend. Mr. Paradis had a conflict, as well. The secretary will speak with Ms. Alpers about an open date and then talk with Mr. Campbell. Mr. Paradis said that the following week he only planned to be around on Wed. for the Planning meeting so Mr. Campbell felt that Sept. might be the answer and will come in on Friday to speak with Ms. Alpers and Ms. Laferriere.

NEXT MEETING: The next meeting will be held on August 27^th and will be a workshop. Mr. Paradis hopes to assign different subjects to various members so each might want to determine if there is something they would like to work on. It was noted that Ms. DeStefano will be away for the meeting and the Board jokingly said that they will assign something to her in absentia. Mr. Paradis mentioned that we might want to address windmills after the State model comes out Sept. 30^th. There is a buy-back for any extra electricity, it was noted. We do need to address outside furnaces as well.

With no other business to come before the Board, C. Dingman made a motion, second by E. Seeler, to adjourn at 10:00 pm.

Respectfully submitted,

Jan Laferriere, secretary