April 7, 2009
Planning Board Minutes
Members present were: Chair Françoise Cusson, Aline Boucher, Lucien Langlois, Julie Cooney, Ralph Collins, David Morin, Ernie Allain; Ex-Officio Members: Councilor Tom McCue, Sue Tremblay; Alternate Members: Greg Estrella, Richard Merrill, Laura Jamison, Richard Cassidy (6:40 p.m.)
Members excused: Jennifer Boucher
Members absent: Andre Duchesne
Others present: Jason Vien, Alicia Perreault, Felix Pisani, Roberta Remillard, David Brooks, Alan Bouthillier, David Atkinson, Barbara Tetreault, Berlin Daily Sun; Sally Manikian Berlin Reporter, Pamela Laflamme, City Planner
Public Comments none
Minutes
Mrs. Boucher moved at accept the minutes of March 12, 2009; Mr. Morin seconded and the motion carried.
Mrs. Boucher moved to accept the minutes of March 18, 2009; Mr. Langlois seconded and the motion carried.
Ms. Laflamme reported that Laidlaw has postponed their informational meeting with the Planning Board to May 5.
Site Plan Review-1203 Main St Map 127; Lot 251
Mr. Langlois moved to accept the application as complete; Mr. Allain seconded and the motion carried.
Ms. Laflamme informed the Board that Mr. Pisani had a survey done and has addressed concerns the Planning Board had at the last meeting. Some of those concerns included the size of the lot, hours of operation, room on the lot, and snow storage. Ms. Laflamme went on to say that the ordinance states that a lot less than 50 feet wide cannot be used residentially; however this is for a commercial purpose. Mr. Pisani has changed the width of the building to address concerns of neighbors. He shows clear movement of vehicles around the building.
Mr. Pisani had nothing to add at this time.
Board Member Comments
It was confirmed that the lot is covered with gravel and that the size of the proposed building is 16x32. It was determined that the fire department has not reviewed the plan for access with safety equipment. The driveway opening width is not depicted on the plan; however Mr. Pisani indicated that it is the existing opening. The traffic pattern directs cars around the building and they would not meet face to face. A larger curb cut may be needed to accommodate emergency vehicles getting in and out of the property. Ms. Laflamme suggested that the Planning Board could ask for a review from the Fire Department.
Mr. Morin thought that sight distance will be critical. He recommended that the parking space in front of the business be eliminated so that the drive through has a clear line of sight.
Public Hearing
Chair Cusson opened the Public Hearing at 6:40 p.m.
Ms. Laflamme read written comments she received into the record.
John & Krista Reynolds, 35 & 39 Seventh Street, expressed concern in an e-mail to Ms. Laflamme that they did not want parking to overflow onto their property.
Gabriel Razzano, 77 Norway Street, expressed concern with parking and traffic.
Jason Vien, Alicia Perreault, 1207 Main Street opposes the sandwich shop next door to them. Mr. Vien referred to the zoning ordinance and questioned the size of the lot for the business. Chair Cusson explained that the rules apply to new construction.
In response to Mr. Vien’s inquiry, Mr. Pisani noted that cooking would be done with gas and the tank is proposed to be underground. Ms. Laflamme established that the location of the tank would be determined through permitting. It was clarified that the establishment will be take out only and the plan should be corrected to show no dining seats or public restrooms.
Mr. Vien asked how big the sign for the business would be. Chair Cusson noted that it has to be within the setback and no more than 64 square feet with a maximum height of 25 feet and a minimum of ten feet from property line. Mr. Vien’s concern was that it not be placed to obstruct scenic views. Mr. Pisani was willing to go with whatever makes people happy.
Mr. Vien inquired about the hours of operation and Mr. Pisani stated the restaurant may run only in the summer. They plan to be open seven days per week and not passed 11:00 p.m. They may do home deliveries.
Mr. Vien expressed his concern about the safety of children who play in his driveway. Mr. Langlois suggested a privacy fence on three sides of the property and Mr. Pisani indicated that he is amenable to fencing.
Mr. Vien felt that there would be diminished property value if there is a restaurant adjacent to his house. He said that he would not have moved in if he knew that a restaurant was to be built next door.
He added that traffic is a concern; he asked if a traffic study could be done. Chair Cusson noted that there will be a review of the area by the Council’s Safety Committee.
Mr. Vien commented that there would be a constant smell of fried food going to the surrounding lots.
Mr. Vien also had a letter from Mrs. Woodhouse, the neighbor that immediately abuts the proposed restaurant site on the other side. She was also concerned about property values. In closing, Mr. Vien said that he does not oppose Mr. Pisani’s idea but opposes the location. He asked if someone was going to build a fast food restaurant near you, what your concerns would be. Chair Cusson closed the public hearing at 7:15 p.m.
Board Member Comments
There are several parking spaces in the surrounding area; one could be removed and there would still be other spaces available in that area. Onsite parking is limited to two spaces in the back for employees. It was suggested that the business sign could be on the building. A yield sign at the business’ exit may also help as vehicles re-enter traffic.
Ms. Laflamme noted that the plan has been accepted and the Board has 65 days to make a decision. She suggested the Board begin listing concerns.
Board members wanted a privacy fence on three sides of the property; fire department review of the plan and for the line of sight issue to go to the traffic/safety committee. The Committee would be asked to comment on eliminating one parking space to improve line of sight; to address access and whether there should be no parking between driveways; the plan should be corrected to show no dining seats or public restrooms.
Mr. Merrill complimented Mr. Pisani for the work he has done saying the he used discretion over emphasis and that he has addressed every concern. The restaurant will be a nice positive thing for Berlin.
Mr. Morin moved to table the application; Mrs. Boucher seconded and the motion carried. Chair Cusson indicated an official notice for the public hearing at next month’s meeting on May 5.
Site Plan Review Jericho Mountain Wind Company
Ms. Laflamme reported that Mr. Brooks came to the Planning Board for design review last month and has since been to the ZBA for: a special exception for towers in a Rural Residential Zone which was tabled; and a variance for height which was granted. The ZBA asked for a peer review of wind availability and that would have to be a condition of acceptance for the Planning Board.
Mr. Langlois moved to accept the application as complete, starting the 65 day clock; Mrs. Boucher seconded and the motion carried.
Mr. Brooks spoke about the potential of doing testing with one of the turbines where he would put up a turbine, test it, and take it back down. He asked that the Board consider allowing the changing turbines without having to go through the planning process every time he changes a turbine.
Mr. Brooks went on to say that the location of the towers on the site will depend on the turbines chosen as well as on the results of the geological survey. The consensus was to allow the turbine anywhere on the property as long as there is a setback of no less than 100 feet.
Mr. Brooks indicated that he discussed his design with DES to see if an alteration of terrain permit is necessary and he was told that projects under the 100,000 square feet do not need one. Ms. Laflamme asked for a letter from DES acknowledging that the permit is not necessary. Mr. Brooks stated that he has applied for the FAA approvals and done the preliminary work but has not heard back. Response should be within 90 days.
Ms. Laflamme stressed that the access to the property has to be formalized and needs be put in writing. Mr. Brooks noted that access has been renewed every year and a permanent access could take over one year to put together. One access is to come down St Laurent Lane and BWW has agreed to allow as long as their provisions are met. BWW will send a letter that they are extending a right to cross.
Planning Board members agreed that one research turbine could be permitted to 500 feet and the remaining six would be at 300 feet giving Mr. Brooks the opportunity to test varying heights of turbines on the property.
Chair Cusson confirmed that Mr. Brooks has been working for several months on an agreement with PSNH to accept power to the grid.
Public Hearing
Ms. Laflamme reported that this project was noticed as a project of regional impact. There were no comments submitted by the surrounding communities; however North Country Council had concerns about the visual impact on the County’s efforts on tourism. They recommended a visual impact assessment. Mr. Langlois confirmed that the windmills will be seen from the Cates Hill scenic byway.
Alan Bouthilier, commented as an abutter to the project, stating that he does not object to the wind project. He said that he needs more information in the form of a 3-d turbine draft study. Mr. Bouthillier alleged that if windmills are placed too close to his property line, it will kill his plans for a wind project due to the disturbance of the wind from the mills that will be on Mr. Brooks’ property. Mr. Brooks stated that the requested information is proprietary. Ms. Laflamme commented that the Planning Board can review direct physical impacts to abutting property but this would have to be run by legal counsel to see if it is an appropriate request for the Planning Board to make.
Councilor McCue questioned what the Planning Board would be getting if they asked for such a study, pointing out that someone would have to interpret the study. The issue is subjective where engineers could review and come up with different answers.
Ms. Laflamme noted that she will take the issue to the City Attorney and return information to both parties.
Barbara Tetreault confirmed that the initial power output would be 3.78 megawatts. Mr. Brooks stated that he has financing through feasibility and permitting and is looking for financing to build.
Chair Cusson closed the public hearing at 8:28 p.m.
Mr. Morin moved to table the application; Mrs. Boucher second and the motion carried.
Chair Cusson acknowledged that this serves as public notice for the next Planning Board meeting on May 5.
Other - no other business.
Public Comments - none
Member Comments
Mr. Langlois asked about the status of the five outstanding Board members sent to the attention of Mayor Bertrand. Ms. Laflamme responded that the Council wants to advertise Planning and Zoning board member positions.
Mr. Langlois commented on the overlay protection zone that was to go to the City Council. He cautioned that the next batch of towers will be seen from many places in the City because it is likely to be on the top of one of Berlin’s high points.
Chair Cusson thanked Richard Merrill for his service to Board.
Ms. Jamison made an argument for keeping chickens and bees in a residential zone. Planning Board members acknowledged that bees were discussed recently and the Board had decided against asking for such a zoning amendment. With regard to the chickens, Ms. Jamison noted that she should be able to keep chickens within reason. It is an intellectual hobby that contributes to life experience.
Comments from Board members included that it is an inappropriate use for the zone. The neighbors are amenable to the proposal now, but new neighbors may have a different perspective.
Councilor McCue mentioned community benefit agreements which come into play when there is an energy project. The community needs to band together and get something from these companies and he hopes to get the input of the Planning Board so that good things can happen.
Planner Comments
Ms. Laflamme stated that the Master Plan meeting will review the regional issues chapter. It is a compilation of several other studies that have been done.
She added that the vision that the consultants came up with is not a vision at all. The vision should have input from the community members that have been participating in the process. The consultants are not hitting the target time frames for completing the Master Plan and it was suggested that the time be extended to be sure we get the best product.
Mr. Morin moved to adjourn; Mr. Collins seconded and the motion carried. The meeting ended at 9:10 p.m.
Respectfully Submitted,
Susan Tremblay
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