Planning Board
July 7, 2009
Members Present: Acting Chair David Morin, Lucien Langlois, Aline Boucher, Ernie Allain, Tom McCue, Sue Tremblay, Greg Estrella, Richard Cassidy, Daniel Malone, and Andre Duchesne (6:50 p.m.)
Members Excused: Francoise Cusson, Julie Cooney, Ralph Collins, and Laura Jamison
Members Absent: Jennifer Gallant
Others Present: Lucie Remillard, Bill Gabler, Don Bouchard, Ron and David Patch, Pamela Laflamme, Craig Lyons, Berlin Daily Sun
Mr. Morin appointed Mr. Estrella and Mr. Cassidy as voting members for this meeting.
Minutes of the Previous Meeting
Mr. Langlois moved to accept the minutes of the previous meeting; Mr. Allain seconded and the motion carried.
Minor Subdivision City of Berlin
Ms. Laflamme explained that the City is applying for a division of land in the area of the Waste Water Treatment Plant. Clean Power will then be in a position to purchase 11.49 acres for their project.
Mr. Langlois moved to accept the subdivision application as complete; Mrs. Boucher seconded and the motion carried.
Ms. Laflamme indicated that Clean Power plans to purchase the land for a biomass plant on the site. As part of their project, they will need to bring Shelby Street up to City street standards and that will be made a condition. Normally this would be done prior to the subdivision being complete; however in this case the proposal is for Clean Power to construct the street concurrently with construction of the plant.
As a second condition, PSNH has an easement that runs north and east of property and Clean Power will need to get language to be assured that clearance is met. Their certificate of occupancy would be withheld until that language is obtained.
The subdivision is within 250 feet of the shoreline and it appears that State subdivision approval will be needed though w have not yet seen the actual written language that makes the requirement
Ms. Laflamme noted that the conditions would be imposed on the city, recognizing that Clean Power will take control of the parcel and those conditions would be passed on to them. The subdivision approval would be to the City of Berlin and conditions imposed on the city.
Public Hearing
Mr. Morin opened the public hearing at 6:42 and there being no comments from the public, he subsequently closed the public hearing.
Board Comments
Mr. Allain confirmed that the new road would be from the east side arterial to the new facility as opposed to redoing the existing Shelby Street. Mr. McCue noted that once the street is brought to city standards there will be frontage on that city street.
Mr. Langlois moved to approve the minor subdivision with the following conditions:
a) Shelby Street is brought up to city standards
b) No certificate of occupancy will be issued until city street standards are met, including existing utilities and service lines (to the paper mill located in Gorham);
c) Language on the PSNH easement is approved by PSNH;
d) Approval of state subdivision.
There was some discussion about service lines to the mill being in the area of the street construction and the need to protect the City from having to move the lines. Mr. Gabler commented that the engineering would spec out the road and take the service lines into consideration in the plan.
Mrs. Boucher seconded the motion and it carried.
Mr. Langlois moved to have Chair Morin sign the plans; Mr. Allain seconded and the motion carried.
Small Pond Waiver Request David and Ron Patch
Mr. Morin asked if Ron or David Patch would explain the request. Mr. Ron Patch recounted that he and his brother David own Small Pond Land Holdings Jericho Village Development which has an entrance directly across from the Jericho ATV Park. Their project has all permits including wetlands, City permits, DES, and the Attorney General’s approval where they review the concept engineering, viability and do a detailed financial search. Small Pond is now ready to break ground and build a road. This is going to be a nice residential only development.
Mr. Patch went on to say that comparing theirs to other developments in the state, they have found that Berlin’s requirement for 24 feet of pavement on a feeder road is more than other communities. In addition to the shoulders and culverts, he feels it is an invasive amount of pavement. His suggestion was for 20 feet of pavement, thereby giving the development more of a country lane appearance. Keeping the road narrower will also reduce speed and reduce the amount of runoff. David Patch added that the street standards are for city streets that accommodate logging trucks and traffic of an industrial city. Though those standards are needed for through streets, their need in this residential development is a lot less clear. He asked that the standards be relaxed regarding the road width.
Mr. Langlois asked if the fire department had reviewed the request and Mr. Patch noted that they had not. Mr. Allain suggested that plows would have to go by with one wheel in the shoulder. Mr. Morin confirmed that the intent is to eventually turn the road over to the city for maintenance. Mr. McCue reasoned that he would want to hear whether safety services and the public works department have issues with a 20 ft. road width. He added that when a waiver is granted, it will open the door for others to make the request.
Mr. Langlois moved to send the request to Safety Services and the Public Works Department for staff review; Mr. Allain seconded and the motion carried.
Design Review for Kilkenney Subdivision
Don Bouchard representing Dillon Investments established that Mr. Dillon owns 1,000 acres off of Route 110 and Jericho Lake Road. He is planning a phased development with the first phase being 47 lots of 11 to 20 acres in Berlin and the second phase incorporating the back half of the first site, creating lots in Berlin and Milan.
• The development will have three entrances: Route 110, York Pond Road, and Jericho Road.
• The project area has temporary road names.
• On site water and septic with most lots being designed with one acre buildable and remainder in current use.
• The State snowmobile trail will run alongside the development. The Trails Bureau has the easements but they have not yet been defined.
• Fire and safety issues would be addressed with cisterns along Kilkennney Heights and Widow Maker Way.
Both phases of the project will be 97 lots with 1 conservation easement. Mr. Bouchard indicated that he has a preliminary draft application and is ready to submit the design for next month’s Planning Board meeting. He will be submitting alteration of terrain and wetlands permits.
Mr. Langlois affirmed that roads will likely use existing skidder trails and cross wetlands at their narrowest points. There are no driving trails at this time but one could take an ATV or walk the property.
Mr. McCue noted that it will be difficult to ask the city to take over these developments until they are better established. Ms. Laflamme clarified that the roads to not have to be paved until half the units plus one have been developed.
Mr. Bouchard agreed that 20 ft of pavement would be traffic calming and Mr. Langlois advised that due to the number of lots, the option may not be considered.
Regarding the name Grandview, it was noted that the City already has a Grandview and it should not be included in name of the development to avoid confusion.
Zoning Ordinance Amendment Review
Churches in DT
Mr. Laflamme brought up the issue of places of worship not being allowed in the downtown. She proposed that the definition be added to the zoning ordinance. In reading the document, it seems that the committee rewriting the zoning ordinance decided to drop churches from downtown. That may have been due to parking, or their tax exempt status.
Mr. Langlois said that churches are in the core of the city and the majority of people live in the neighborhoods and that is where the churches belong. Mr. Morin added that churches are allowed in the business general zone and that is still near the downtown. No action was taken to change the ordinance to add churches to the downtown.
Business General Zone
Ms. Laflamme stated that after the last ZBA meeting where the proposed Pisani drive through restaurant was discussed, she reviewed the business general zone. The ordinance is clear that residential lots needed at least 50’ of frontage. In the areas that make up the BG zone there are many lots that do not have the needed frontage. She maintained that it would be hard to believe that all lots not having the frontage would not be used for business and if that is the case they why would we keep the BG zone if we are not going to allow businesses to establish themselves there. It is not appropriate to represent the BG zone if we are not going to allow business in those areas.
Mr. Langlois reasoned that the small lots were kept in the zone because of the potential of buying several small lots and creating a business.
Mr. McCue agreed that more work needs to be done to fine tune the ordinance. Mr. Morin acknowledged that special exceptions with guidelines can be effectively applied.
Alternative Energy
Ms. Laflamme reported that she found a great definition for solar panels on the ground that makes them acceptable by special exception and she will bring that to the board. Personal windmills which are allowed in rural residential will also need to be considered in other zones. They are not as straightforward but will need to be addressed.
Other
Jen Boucher has submitted letter of resignation to the board.
Ms. Laflamme noted that she has been inconsistent in working with the board to follow the organizational checklist for proposals submitted. Mr. Pisani has told her that he never felt that he was changing his mind but was changing his plans to suit the board. She wants to be sure the board has current sets of all regulations, copies of the zoning ordinance and everything needed for an informed decision.
There will not be a Master Plan meeting until August. A draft of the plan will be e-mailed and everyone needs to read it and send feedback.
Public Comments – none
Member Comments – none
Planner Comments
Ms. Laflamme reported that there will be a final Public Hearing on August 13, 2009 at 7:00 p.m. at the Jr. High Auditorium. Dick Hamilton, Dave Woodard, and Barbara Ashley will sit and listen to testimony and render a decision on whether the project moves forward and what route it will take. It is important to come out and testify.
The ZBA reconvenes at 6:30 tomorrow evening to decide on the Pisani case.
Mr. Langlois moved to adjourn; Mrs. Boucher seconded and the motion carried. The meeting ended at 8:13 p.m.
Respectfully Submitted,
Susan Tremblay
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