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Planning Board Minutes 3/12/2009
March 12, 2009
Planning Board

Members Present:  Chair Francoise Cusson, Members Lucien Langlois, Laura Jamison, Aline Boucher, Richard Merrill, David Morin, Ernie Allain, Richard Cassidy, Greg Estrella, Sue Tremblay, Ralph Collins (7:05)

Members Excused:  Jennifer Boucher, Julie Cooney, Councilor Tom McCue

Members Absent:  Andre Duchesne

Others Present:  Jim Wagner, Paul Cusson; Max Makaitis, AVER Economic Development Director, Jonathan Edwards; Bill Gabler, Clean Power Development; Tim Golde, Golde Engineering; Bill Andreas, BEDCO; Al McLain, Berlin Falls Realty; Justin Daigneault, Horizons Engineering; Barbara Tetreault, Berlin Daily Sun; Sally Manikian, Berlin Reporter; Pam Laflamme, City Planner

Public Comments – none

Approval of February Minutes
Several corrections were made to the minutes.  Mr. Morin moved to approve the minutes as amended; Mrs. Boucher seconded and the minutes were approved as amended.

Site Plan Review Clean Power (cont. from January)
Ms. Laflamme reported that Clean Power received a special exception from the Zoning Board for energy, as well as fence and stacks height.  The parking comes back to the Planning Board and according to Section 1603 of the regulations; the Planning Board can make the determination of whether the 19 spaces provided in the plan are adequate or whether spaces need to be added.  Bill Gabler stated that there will be a total of 24 employees and on the day shift there would be 15 at most, leaving some empty spaces.  There would be a momentary overlap during shift change but there would still be adequate parking.  

Mr. Morin moved to waive the requirement for additional parking due to there being sufficient open area; Mr. Langlois seconded and the motion carried with all in favor.

Ms. Laflamme explained that the review of the wood study at the request of the Zoning Board came back and agreed with the findings of the original study.  

Mr. Morin moved to approve the Clean Power site plan review with the following conditions:  copies of State permits shall be provided to the Planning Department; a final sales agreement between Clean Power and the City shall be in place; if for any reason Clean Power is unable to connect to their location from Unity Street and have to come through the residential neighborhood, they would have to come back to the Planning Board and if there is a new owner, there will be a re-hearing.  Mr. Allain seconded and the motion carried.

Determination of Regional Impact Jericho Mountain Wind Company
Ms. Laflamme established that even if there is a possibility that other municipalities will feel there is an impact on the surrounding communities, there is a need to notify the adjacent municipalities.  It is part of the process according State Statutes (RSA 36:57).  Mr. Morin noted that it is likely that the wind towers will be visible from adjacent municipalities.  Mr. Langlois added that the space the company will take on the grid may also have an impact on the regional space available on the grid.  Ms. Laflamme agreed that the Board is better served by providing notice.  

Mr. Morin moved to forward notices of regional impact; Mrs. Boucher seconded and the motion carried unanimously.

Minor Subdivision Fraser NH LLC
Chair Cusson confirmed that the application is complete.  In this application, Berlin Falls Real Estate, LLC acting on behalf of Fraser NH LLC seeks to divide Tax Map 129, Parcel 49 into three conforming lots, with appropriate frontage.  There is a draft agreement in place with the St. Lawrence & Atlantic Railroad to have an easement over the tracks to get to the back of the property on Lot #3.  

Mrs. Boucher moved to accept the application; Mr. Merrill seconded and the motion carried.  

Public Hearing
Mrs. Cusson opened the Public Hearing at 6:55 p.m.  There were no questions or comments; the hearing was closed at 6:56 p.m.

Board Comments
Mr. Allain mentioned that there may be easements for drainage on lot #3 and they should be retained.  Ms. Laflamme established that the easement the railroad had with Fraser was not transferable

Mr. Morin moved to accept the minor subdivision with two conditions:  the draft agreement with St. Lawrence & Atlantic becomes finalized and that any easements held by the City are shown on the map; Mr. Allain seconded and the motion carried.

Site Plan Review Berlin Falls Realty LLC
Mr. Langlois moved to accept the application as complete; Mr. Allain seconded and the motion carried.  

Justin Daigneault from Horizons Engineering explained the set of plans presented for a 14,000 sf courthouse building on Main Street.  The existing building would be removed and the site would be used for the proposed building.  The site would have 80 parking spaces and will meet the needs of the court as well as HHS.  Sewer and water are tied in to the city.  Don Bouchard of Horizons has met with Berlin’s Fire Chief and the Chief approves of the plans thus far.  

Mr. Daigneault went on to say that the dumpster location is on the plan.  The new building will be three feet higher than the existing building.  With regard to the ultimate appearance of the building, Mr. McClain stated that it would be fiberboard siding.  Mrs. Cusson confirmed that the lighting is facing downward.  Mr. Cassisdy acknowledged that there is space for snow storage.  It was noted that there are established lilacs shrubs on that property and board members encouraged the developer to save what they can.  The plans include:  existing conditions; proposed building; landscaping plan (lighting, fixtures, shrubs, trees; drawing of proposed fixtures; screening for dumpster; sheet that shows the subdivision; interior to meet the standards; and the exterior from the front.  Mr. Allain confirmed that approximately ¾ of the drainage from the property is going into a pocket pond.   

Public Hearing
Mrs. Cusson opened the public hearing at 7:15 p.m.
Barbara Tetreault, Berlin Daily Sun asked about the lot size and dimensions of the building as well as the time frame for the project.  The lot size is 1.88 acres and the building is 140 x 100 or 14,000 square feet.  Mr. McClain confirmed that it will take 10 days to take the building down and they hope to have the building complete by December 1.  Mrs. Cusson closed the public hearing at 7:20 p.m.

Board Comments
Mr. Morin expressed concern over the additional traffic and usage that will be generated from the property.  He asked for a formal review of traffic patterns to make sure access and egress are adequate.  

Ms. Jamison asked about the columns on the façade of the building and she was informed that the columns are set back from the building.  

Mr. Morin commented that he has no problem offering conditional approval; however he feels that a traffic study is needed to reveal the appropriate traffic pattern for the property.  Mr. Langlois suggested that perhaps the Credit Union and this building’s exit could be brought together to offer one exit.

Mr. Morin moved to give the conditional approval of the site plan on the condition that a traffic study is completed with results going to the Planning Board and that the parking easement be finalized; Mr. Merrill seconded and the motion carried.

Other
Board Terms
Ms. Laflamme confirmed that board terms are up for Ernie Allain, Aline Boucher, Laura Jamison, Lucien Langlois, and Richard Merrill.  All with the exception of Mr. Merrill affirmed their request for re-appointment.  Richard Merrill stated that he wants to step down at the end of his term.  

Mr. Morin moved to make the appropriate recommendation to the City Council; Mr. Merrill seconded and the motion carried.

Public Comments - none

Member Comments
Mr. Langlois confirmed that the Route 110 Informational Meeting is Thursday, March 19th.   He encouraged everyone to come.

Planner Comments
Ms. Laflamme reported that the next Master Plan meeting is Wednesday at 6:00 p.m. at AVH

The next Planning Board meeting will be April 7.  Prior to the Planning Board meeting, on March 25, the ZBA will be hearing an application for a special exception for Jericho Mtn. Wind Co. for towers in Rural Residential as well as the energy exception.  

Ms. Laflamme noted that in 2005 an ordinance was passed to allow towers in rural residential; however consideration was never given to height.  Mr. Langlois recalled that overlay zones on mountains was a result of that discussion.  He also indicated that BWW may have issues to be complied with regard to Jericho Mtn. Wind Co.

Ms. Laflamme reported that construction on the Federal prison is 64% complete; they have hired Jacobs Engineering out of CA for the summer.  It is expected that construction completion will be in September of 2010.  When asked if the board could have a tour of the property, Ms. Laflamme stated that security has been tightened and it is doubtful.

Ms. Laflamme encouraged members to sign up for the Office of Energy and Planning Spring Conference.

On Saturday, April 4 there will be a “Saving Special Places” conference in Concord.  An e-mail can be sent to express interest.

An application from Mr. Pisani will be on the next Planning Board agenda.  The land has been surveyed and the survey is to be presented with the site plan application.

There being no further business, Mr. Morin moved to adjourn; Mr. Langlois seconded and the motion carried.  The meeting ended at 7:40 p.m.

Respectfully Submitted,

Susan Tremblay