June 3, 2008
Planning Board
Present were: Chair Fran Cusson, Members Lucien Langlois, Greg Estrella, Richard Merrill, Ralph Collins, David Morin, Ernie Allain, Tom McCue, Julie Cooney, Jennifer Boucher, Richard Cassidy.
Others present: Kathy Eneguess, Dennis Mires, Matt Moore - all representing White Mountains Community College; Felix Pisani, Francis Pisani, Don Bouchard, Art York, David Carlisle, Carl Mercier, Don Laroche, Randy Cicchetto, Donald Bald, Pat MacQueen, City Manager; City Councilor Tim Cayer; Barbara Tetreault, Berlin Daily Sun
Mr. Merrill moved with a second from Mr. Collins to use the revised agenda. So moved, the motion carried.
Chair Cusson appointed Mr. Allain as a voting member for this evening.
Minutes of the previous meeting were corrected to change a reference to "Woodstone" to "Greenova" and to change reference to Mrs. Langlois to Mr. Langlois.
Approval of May Minutes
Mr. Morin moved to accept the corrected minutes; Mr. Collins seconded and the motion carried.
Governmental Use Site Plan Review - White Mountains Community College - Renovation/Addition
Kathy Eneguess introduced Matt Moore who noted that this information is being presented as part of a state governmental site plan review for a building addition that is going on at the college. Questions about the project can be submitted within 21 days.
Dennis Mires has a slide presentation showing new additions of a student center and bakery. The entrance will be given the appearance of a Main Street with the student center forming one end and the Library on the other end; the book store would also be moved to this Main Street. The new addition would be 1 ½ story high and will allow natural light into the student area at the center of the building. The outside brick will be matched to what exists already.
Public Hearing. Ms. Cusson opened to public hearing at 6:57.
Barbara Tetreault asked when the project would be complete and the response was that by contract, it has to be done by June of 2009 but the contractor hopes to have it done before that. Ms. Cusson closed the public hearing at 6:58.
Board Questions or Comments.
Mr. Estrella asked if this is an energy efficient design. Mr. Mires responded that they are using the existing building and south sun. They are creating a high performance envelope around the existing building but don't have the budget to do the entire building.
Mr. Morin moved to offer support for the project; Mr. Merrill seconded and the motion carried.
Design Review - Site Plan Review - Pisani - 1203 Main Street
Ms. Laflamme explained that in this Design Review of the property, Felix and Francis Pisani are sharing information before beginning their project. The feedback from the Planning Board is non-binding. The Pisani's want to build a take out restaurant at 1203 Main Street, using the existing foundation of a single family home that was on the property. Mr. Langlois confirmed the dimensions of the concrete slab that remains as 22x26 long and commented that it looks tight. Mr. Morin expressed concern that the existing structure is close to the neighbors and he asked what kind of buffer is planned to protect neighbors from odor, noise, and traffic. Mr. Langlois asked how deliveries would be handled. Changing the use from residential to commercial requires site plan. Mr. McCue questioned whether the curb cut
and existing driveway will be a problem.
Mr. Felix Pisani indicated that most customers will pull up to the front, stop on the highway, and come in to get their food, then go. The building shares a driveway with the neighbor. He voiced that he has a purchase & sale agreement on the neighboring property but the sale has not gone through yet. Ms. Laflamme established that when the Pisani's come in with a formal plan, the City will notify the neighbors and any comments they offer may influence the board's decision. The close proximity of the residential properties in the area may be a problem. The foundation as it exists can be used; however our ordinance is vague regarding the language of non-conforming uses and structures.
Mr. Morin questioned whether the foundation can be used because it will not be used as it existed or in a continuation of use that existed which was as a residence. It is a question whether the property can be used as a restaurant. Mr. McCue reiterated the concern that this is a change of use.
Driveway Appeal - 479 Madison Avenue - Michael & Tina Fodor
Mr. Fodor was denied a driveway permit and is appealing that denial before the Planning Board. His house is on Madison Avenue and he has an area that is 24 feet wide now; he is asking to pave what is there. There is no sidewalk or curbing in front of the driveway. Mr. Langlois noted that he can pave anything on his own property as long as the curb is not disturbed.
Chair Cusson asked for questions or comments. She re-phrased Mr. Fodor's intention to pave the rocky and grassed areas of his yard where there is no existing pavement or curb. Mr. Fodor confirmed that there are no pins or property line markers. Mr. Morin moved with a second from Mr. Langlois to deny the appeal; Mr. Collins voted against. The motion carried.
Design Review - Common Driveway Subdivision - Bergeron/Mercier
Dave Carlisle explained that this review is in regard to a parcel of land behind Haven and Pinecrest Avenues. Carl Mercier has a house there now and has a building permit off of Walsh Street. The subdivision was created to allow up to three lots to come in off of one common driveway and any individual lots would have access for each. There are two existing 12 acre parcels and future development of an additional 150 acres would be off Walsh Street.
Mr. Morin thought that more work needs to be done on the issue. The solution was provided to give relief of not enough frontage; however the developer proceeded when there were other options. It is time to go back to see if something else could be done so as to not create non-conforming lots. Lots should be created on proposed or accepted city streets. The subdivision has to meet the standards in the subdivision regulations. The street would not have to be built until it is to be used.
Don Laroche is an abutter to the property and he expressed that drainage needs to be addressed. He added that before last year, there were water problems and since Mr. Mercier built his house, there has been no water. Mr. Langlois noted that there is a brook that has flooded the area in the past.
Mr. Allain recommended that Walsh Street be carved out as a paper street. Ms. Laflamme stated that if the second person comes in, they will have to finish the street in order to proceed.
Lot Mergers:
2235 Riverside Drive - Timothy Bailey - the applicant wants to join the lots for tax purposes. Map 404 Lot 13 and Lot 14 would be merged together. The newly created lot will be conforming.
Mr. Langlois moved to approve the lot merger; Ms. Cooney seconded and the motion carried.
Jericho Road - Dillon Investments LLC - This merger is to correct an oversight from when the land was subdivided with the State for the ATV Park. One small lot of 78 acres was left with no frontage and really should be part of Tax Map 407 Lot 15. Mr. Merrill moved with a second from Mr. Collins to approve the lot merger. So moved, the motion carried.
Site Plan Review - Easy Wind Inc. - Jericho Mountain - Wind Development Project - postponed
Site Plan Review - Jericho Motorsports LLC - Jericho Road - Expansion Project
The application was accepted on a motion from Mr. Morin and a second from Mr. Collins. Don Laroche explained that the proposed expansion will provide a better area for parking, and to show his products. He hopes to have the expansion done by fall and he intends to hire more people. The entrance would have less dust and he will add a showroom to the existing garage, as well as do paving and fencing. The septic and leach field have been approved by the State. He will keep the same sign and Mr. Morin confirmed that there will not be much additional lighting other than for security purposes. The siding on the building will be tongue and groove or ship lap and the roof is steel.
Public Hearing. Ms. Cusson opened the public hearing at 8:15 p.m.
Mr. Laroche affirmed that the expansion will be 40x60 and will be done in phases with a start by fall. Chair Cusson closed the public hearing at 8:17 p.m.
Board Comments. There were no additional comments by the Board.
Mr. Merrill moved to accept the plan as presented; Mr. Collins seconded and the motion carried. Mr. Morin confirmed that there is no reason for conditions.
Mr. Morin moved to have Chair Cusson to sign the application; Ms. Cooney seconded and the motion carried.
Lot Line Adjustment - Dillon Investments LLC - Route 110
Don Bouchard of Horizons Engineering related that the Dillon's are proposing to do a lot line adjustment Tax Map 407 Lot 12 and 402 Lot 15 (just newly merged as mentioned above) in order to create access to a bigger parcel in the back. There is a gravel road and the line to be created would follow it. Mr. Bouchard stated that the Dillon's want to create access points on York Pond Road, Jericho Lake Road and Rout 110. Chair Cusson confirmed that the application is complete.
Mr. Morin moved to accept the application; Mr. Merrill seconded and the motion carried.
Public Hearing. Chair Cusson opened the public hearing at 8:25 p.m. and there were no comments from the public; the public hearing was closed.
Board Comments. There were no board comments.
Mr. Morin moved to approve the lot line adjustment; Mr. Collins seconded and the motion carried. Mr. McCue questioned whether it is permissible to have a lot line that follows the logging road and Ms. Laflamme stated that there is nothing that does not allow such a line to be created.
Ms. Cooney moved to allow Chair Cusson to sign the plan; Mr. Morin seconded and the motion carried.
Minor Subdivision - Donald Bald - Jericho Road
Chair Cusson confirmed that the application is complete. Mr. Merrill with a second from Ms. Cooney moved to accept the application. So moved, the motion carried. Art York presented the plans and stated that when zoning was changed for the Jericho Gateway Zone there was a proposal in place to buy a parcel for industrial purposes. In the configuration for the new lots, one is in Industrial Business and the others used the criteria for the Jericho Gateway Zone.
Public Hearing. Chair Cusson opened the public hearing at 8:35 p.m. and there were no comments; the hearing was subsequently closed.
Board Comments - Mr. Morin confirmed that the septic system will have deeded access. Mr. McCue confirmed that the easements for sewer lines are in place.
Mr. Morin moved to accept the minor subdivision; Mr. Merrill seconded and the motion carried.
Mr. Morin moved to have Chair Cusson sign the application; Mr. Collins seconded and the motion carried.
Lot Line Adjustment - Michelle Shea - Chalet Loop - continued from May meeting
Art York recounted the meeting last month and stated that the owners have taken the Board's recommendation that a driveway be taken out of parcel. The parcel that touched the city street now has access to a city street that is 10 feet wide, though minimum for a driveway is 12 feet wide. The lot is otherwise landlocked and would not be fronting any city street except for the 10 feet.
Planning Board members questioned whether 10 feet is enough for safety vehicles. Ms. Laflamme commented that this is to show that the client is trying to meet the Planning Board's recommendation. The applicant has gotten used to using the lot in a certain way and now wants to change the lot to conform to its use. Mr. Morin feared establishing a precedent and added that he does not think it meets the intent the Board had for adequate frontage.
Mr. Morin moved to deny the request for the lot line adjustment; Mr. Merrill seconded and the motion carried.
City of Berlin - Pump Station for East Milan Road Sewer project - continued
Ms. Laflamme distributed the report requested by the Planning Board from Geo-Insight regarding the pump station and the responses of Wright Pierce, the City's engineering firm for this project.
The following were recommendations accepted by the Board:
? Propane should be considered as a potential fuel source for the backup generator;
? An SPCC Plan should be in incorporated as part of a future Operations & Maintenance Manual for the pump station
? All piping within 500 feet of the pump station will meet the requirements of NHDES for piping located within an SPR
? The type and methodology of leak testing for the wet wells should be specified in the contract document and additional details should be provided regarding the seals within the wet wells and surficially applied sealants.
? Groundwater monitoring wells should be added to the project and shown on the final design plans.
? The surface water drainage system should be designed to drain surface water away from the SPR.
Mr. Langlois moved to accept the plans with the recommendations set forth above; Mr. Morin seconded and the motion carried.
Review - Excavation Regulations
Ms. Laflamme explained that Berlin has two active excavation sites. Three years ago these sites were incidental to construction; however three years later, no construction has taken place. It is up to the Planning Board to regulate and enforce the excavation regulations developed in 1998. At this time there is Guay on Route 110 and Drouin on Route 16. Ms. Laflamme was also made aware that Dillon is excavating and Coleman is buying gravel from the Dillon's.
Zoning Amendment
The City Council did a first reading of a zoning change for Uses by Special Exception. The change would affect energy projects such as wind, renewable energy, or bulk power supply facilities. Projects fewer than 30 megawatts come to the Planning Board and ZBA; those over 30 megawatts go to the State and ZBA.
Public Comments - there were no public comments.
Member Comments - Mr. Langlois said that 91-A specifies that minutes are to be available no less than 5 business days after a meeting and he is hoping to get the minutes within 5 business days.
Mr. Langlois questioned conditional approvals and whether the conditions get entered into a record.
Ms. Laflamme responded that until the conditions are met, the plans are not filed. There are ramifications of not meeting conditions and she would find out what those are and report back.
Mr. McCue informed the Board that 91-A has been modified regarding electronic communications.
Mr. Allain stated that it would be a good thing to revisit driveway openings and curb cuts. Permits issued are for new development and we need an understanding of what is acceptable.
Mr. Cassidy asked about Phase II of Route 110. Ms. Laflamme noted that the Governor & Council approved the historical and the project is moving forward. There should be a public information meeting in July.
Planner Comments
Ms. Laflamme stated that she wants to put driveway regulations on next month's agenda. Next week is Master Plan at AVH at 6:00 p.m. on June 11.
Adjournment
There being no further comments, Mr. Morin moved to adjourn; Mr. Collins seconded and the motion carried.
Respectfully Submitted,
Susan Tremblay
Administrative Assistant
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