Planning Board
May 5, 2009
Members present were: Chair Francoise Cusson, Lucien Langlois, Greg Estrella, Richard Cassidy, Ralph Collins, Tom McCue, Ernie Allain, Dan Malone, Laura Jamison
Members excused: David Morin, Julie Cooney, Aline Boucher, Jennifer Gallant
Members absent: Andre Duchesne
Others present included Dana Willis, Jim Tamposi, Alan Bouthillier, Paul Cusson, Lorraine Leclerc, David Brooks, Brian Fogg, Pamela Laflamme
Opening of Meeting
Chair Cusson opened the meeting at 6:30 p.m. In the absence of three voting members, Chair Cusson appointed Mr. Cassidy, Mr. Estrella and Ms. Jamison voting members for this meeting. She welcomed new Alternate Member Dan Malone
Minutes
Mr. Langlois moved to accept the minutes of the April 2, 2009 meeting; Mr. Allain seconded and the motion carried.
Site Plan Review -- Felix Pisani, 1203 Main Street
Ms. Laflamme explained that Mr. Pisani’s project has gone to the City Council’s Traffic Safety Committee regarding line of sight issues and parking. It has also been reviewed by the fire department for property access in case of an emergency. Assistant Chief Goudreau reviewed the plans and has no issues or concerns at this point in the project.
The Traffic Safety Committee met twice and agreed to recommend no parking from the north side of the neighboring property, 1207 Main Street to the south side of the driveway at 1193 Main Street. Assistant Chief Valerino had no problems with the plans. Mr. McCue reported that the ordinance for no parking had its first reading and Councilor Goudreau has concerns about sight lines and does not think it is an appropriate site for the business. The ordinance would have to pass and if it does not, there will be access problems. There will be a public hearing on the ordinance May 18.
Ms. Laflamme indicated that she and Chair Cusson are proposing that fencing be 20 feet back from where the property pins meet the sidewalk and on the north side it would be 86 feet along the neighbor’s driveway at 1207 Main Street, allowing privacy and safety. At 1193 Main Street, the fence would be 80 feet to the back edge of the garage so that it lines up.
Ms. Laflamme went on to say that Mr. Vien disagrees with the staff’s interpretation of the zoning ordinance saying that this project does not meet road frontage specified for new construction. Staff’s assumption was that, because this area is not a residential zone and this is a lot of record, the restaurant is allowed. Mr. Viens could still appeal the Planning Board’s decision to the ZBA on the basis that he believes the ordinance was ill defined or misinterpreted by staff. The applicant can decide to table the plan for another month so that a legal opinion can be sought.
It was clarified that the question is on our end and at this time, there is nothing more Mr. Pisani can do to move the application forward.
Mr. Langlois moved to table the application until a legal opinion is received; Mr. Collins seconded and the motion carried. Ms. Jamison asked that Mr. Pisani give some thought to sign height and hours of operation for the next meeting. Board members agreed to meet in a special meeting Wednesday, May 13th at 6:00 p.m. at the AVH conference room, prior to the Master Plan meeting which will begin at 6:30.
Jericho Mountain Wind Company
Ms. Laflamme reported that the Board had asked for a legal opinion on setbacks and liability as well as the study requested by Mr. Bouthillier. After consulting with the City Attorney it was determined that the Board can require any study it wants to make a decision on the issue; however it is up to the Board to decide whether they need the study to make their decision.
The City Attorney maintained that the Planning Board needs to take reasonable precautions with setbacks and as long as the board accepts and feels comfortable with its decision, there is no additional liability unless the board was acting with malice or bad faith. In this case, there are no special setbacks in that zone for anything other than telecommunication towers. The applicant has indicated that towers are designed not to fall; however if they do, they are designed to collapse on themselves and not to topple over.
The applicant has received conditional approval from the ZBA. One of the conditions is that Mr. Brooks will have to come up with a decommissioning plan as insurance that the towers will be removed when they are no longer in use. Staff and the City's attorney will come up with an appropriate mechanism to ensure removal. The Planning Board will also need to receive and place on file a letter from the FAA attesting that the windmills will cause no hazard to flight paths. Access to the site over St. Laurent land needs to be properly documented and recorded and the Board will want to see a letter of interconnect from PSNH or whatever company takes the power.
Mr. Langlois made the point that the decommissioning bond also cover the concrete base of the structures which is equal to about 40 yards of concrete. The agreement should assure that land “return to its pre-existing condition” once decommissioned.
Mr. Brooks commented that the ZBA accepted the tower heights of six towers at 400 feet and one research tower is allowed at 500 feet. Mr. Langlois made the point that a 500 foot tower will be seen from a long distance. Mr. McCue commented that he could not see how the 3-D turbine draft wind study was going to help with planning and site plan review. With regard to decommissioning, he cautioned that the Board should be leery of treating one energy project differently than others.
Public Hearing
Chair Cusson opened the public hearing at 7:30 p.m.
Alan Bouthillier owns property abutting the Jericho Mountain Wind Company. He alleged that the study he is requesting will measure the hindrance these windmills would cause to the wind on his property.
Brian Fogg of George Sansoucy Energy Consulting explained that the rational is that because wind passing through the first turbine causes a diminishment of wind and turbulence, and creates problems with generating power with turbines behind it. He stated that there will be an impact that will affect future projects. Mr. Fogg compared the wind to runoff that is regulated by making developers contain runoff on their own site due to the offsite impacts.
Mr. Langlois noted that this is between the two parties and not the Planning Board’s job to determine.
Mr. Bouthilier argued that the Board has a responsibility to consider his future use of his property. Where Mr. Brooks places turbines on his property will affect Mr. Bouthillier’s property.
Mr. Bouthillier indicated that perhaps if the issue is tabled, he and Mr. Brooks can come to terms. If not, he stated that he has no choice but to appeal.
Mr. Brooks noted that his financing is in place and if the project is delayed, that may go away. He favored keeping his project on track and agreed that postponing for another month would give the parties time to come to an agreement.
Mr. McCue commented that though he appreciates the situation, this site plan is to review an application before the Board; he questioned protecting rights for possible future projects. How far do we go with protecting possible projects?
Chair Cusson closed the public hearing at 8:15 p.m.
Mr. Langlois moved to table the application; Mr. Allain seconded and the motion carried. This will serve as notice to abutters for a meeting to occur June 2.
Design Review Assisted Living at Former Notre Dame
Dana Willis and Jim Tamposi proposed to buy 411 School Street (Notre Dame High School) and rehabilitate the building to an assisted living facility. Mr. Willis acknowledged City staff and commented that everyone has been helpful and easy to deal with. He went on to give a brief history of the building which was built as Burgess School in 1906. His goal is to restore the building to productivity; restore the property to the tax rolls; design a use that will fit the site and compliment the neighborhood; complete an aesthetically pleasing restoration of the building and grounds, incorporating its history in the redevelopment.
Mr. McCue noted that there are traffic issues on Cambridge and School Streets that should be kept in mind through the project.
Barbara Tetreault confirmed that within the 28 units, couples would be welcome. Mr. Allain commented that shuttle bus parking and ambulance accessibility would be important as well. Mr. Willis and Mr. Tamposi will return with an application at the June 2 meeting.
Driveway Application
Ms. Laflamme explained that Woodland’s Credit Union had applied for a driveway permit and it was found that the work they are doing does not require a permit under the new regulations of permitting.
Other
Public Comments - none
Member Comments
Laura Jamison advocated for keeping chicken and bees in single family residential neighborhoods. She gave examples of other cities such as Concord where chickens are allowed. She suggested that chickens and bees could be permitted and if there are problems, the permit would be pulled. She asked the Board to think about and consider her suggestions.
Ralph Collins commented on the Spring Planning Conference, noting that there were 440 attendees. Berlin was well represented. Mr. McCue added that he went to a session called “Planning Boards Behaving Badly” and found that there were not many infractions by this board.
Planner Comments
Ms. Laflamme reported that Laidlaw Energy will be at the meeting next month.
Riverside Heights has almost everything complete and they are planning two units for July 1.
Kilkenney Housing on 110 are pursuing wetland permits before coming to the Board.
She is still waiting for the Patches regarding a waiver they wanted for pavement width.
The Pisani application will be reviewed Wednesday May 13 at 6:00 p.m. and the Master Plan meeting will be at 6:30 p.m. at the AVH conference room.
The City was awarded a “Tree City” designation and award from the NH Arborists Association centered on tree plantings done with the Route 110 Phase I project.
Wed June 3 will be the opening day for Storycorps. The program will run until the end of June.
Mr. Langlois moved to adjourn; Mr. Allain seconded and the motion carried.
Respectfully Submitted,
Susan Tremblay
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