MINUTES
CHARLESTOWN PLANNING BOARD
MARCH 16, 2004
Members Present: Sharon Francis – Vice-Chair, Steven Neill, Ex-Officio, Robert Beaudry, Robert Frizzell, Fred Poisson, David Sussman
Alternates Present: None
Staff Present: David Edkins – Planning & Zoning Administrator
Others Present: See Attached List
CALL TO ORDER & SEATING OF ALTERNATES – Vice Chair Sharon Francis called the meeting to order at 7:00 P.M. She noted the absence of regular member Gail Fellows. Mrs. Francis welcomed Fred Poisson and Gail Fellows as new members elected to the Board. A “Thank You” was extended to Jesse St. Pierre and David Carter for their three years of service on the Board.
ELECTION OF OFFICERS FOR 2004-05:
Fred Poisson moved to table the election of officers for 2004-05 until the next meeting when Gail Fellows is present. Robert Frizzell seconded the motion. With six members in favor, the motion carried.
APPROVAL OF MINUTES OF FEBRUARY 17, 2004:
Robert Beaudry moved to approve the minutes of the February 17, 2004, meeting as printed. Fred Poisson seconded the motion. With four members in favor, the motion carried. Robert Frizzell and David Sussman abstained, as they were not present for that meeting.
SIGN PERMIT – PARTY TIME FAMILY FUN ZONE – Change Copy on Existing Sign – 3848 Claremont Road – Map 2, Lot 2, Zone E (Mixed Use):
Steve Neill moved to pass over this agenda item until Patricia Cormack arrives. Fred Poisson seconded the motion. With six members in favor, the motion carried.
SIGN PERMIT – CROWN POINT MHP COOPERATIVE, INC. – Crown Point Drive – Map 22, Lot 79, - Zone E (Mixed Use): Mr. John Pellerin explained that this is a request to replace an existing sign to reflect a change in the ownership and name of the park. The proposed sign is slightly larger but still well within the Town’s requirements. Dave Edkins asked for clarification on the height of the sign from the ground as the application indicates “approximately” seven (7) feet. Mr. Pellerin responded that the bottom of the sign will be five (5) feet from the ground.
Robert Frizzell moved to approve the Sign Permit for Crown Point MHP Cooperative, Inc. as presented. Steve Neill seconded the motion. With six members in favor, the motion carried.
PAUL NICKERSON – Warehouse & Assembly Work in Existing Industrial Building and Add Two Self Storage Buildings (30’ x 80’ and 30’ x 100’) – 31 Baldwin Court – Map 28, Lot 31 – Zone E (Mixed Use): Paul Nickerson distributed copies of a revised plan. Mr. Poisson asked about fencing. Mr. Nickerson felt it depends on whether or not it is required by the abutters. Mrs. Francis asked if Mr. Nickerson plans to pave around the new storage buildings. Mr. Nickerson responded “yes”, the map indicates where he will pave. Mr. Edkins would like to have Dave Duquette, Public Works Department, review the revised plans. The concern was that the original plan did not indicate how Mr. Nickerson was going to deal
with storm water run-off to make sure that it would not be going onto abutters’ properties or the road. Mr. Poisson asked about setbacks on the sidelines. Mr. Edkins said the minimum setback requirement on the sideline is 15 feet and the original plan indicated 15 feet. Mr. Nickerson noted it is now 18 feet; the buildings are 25 feet apart. Mr. Edkins was concerned about the distance between the buildings so submitted the original plan to Gary Stoddard, Fire Department, but he responded that he has no concerns. Mr. Sussman asked if the Board needs soil percolation tests to see if this will work. Mr. Pellerin advised that Smith and Allen did the drainage design work. Mr. Sussman felt the Board should have an answer from Mr. Duquette before accepting the application as complete. Mr. Neill questioned the swale – is it on the edge of the boundary line, if so, it only leaves about 15 feet of travel space. Mr. Pellerin
replied that the swale was on the edge. Mr. Neill asked what the roof over-hang is? Mr. Pellerin said 6 to 12 inches. Mr. Edkins and Mr. Duquette have concerns that the original plan indicates a snow storage area in the back of the property and they want to make sure that the neighbors won’t get melt-water run-off from the accumulated snow. The second issue was the existing municipal sewer line that runs along the property line on Baldwin Court to Northwest Street; they want to recognize that it is there and can’t be disturbed.
Mrs. Francis opened the discussion up to the public.
Judy Royce hates to see this project in the neighborhood; it is nice, quiet and safe. It isn’t an appropriate place for storage buildings. It will drop the value of their homes. She is afraid that the snow piles will melt into her back yard and it is very wet now. The salt will damage her two big trees and she doesn’t want to lose them. It will be detrimental to the neighborhood; there is concern for the traffic and the children. Parking could be a problem. Mrs. Francis asked Ms. Royce about the existing warehouse and did that concern her? Ms. Royce responded “no” that was there when she bought her property and she knew about the business but bringing the storage buildings into a residential neighborhood concerns her. She
knows that the Nickerson’s are good, hard-working people and we need them in this town so she hates to be here. Ms. Royce’s home and the apartment building next door to her are her retirement and she doesn’t want to have the value drop. The storage buildings would be right in her back yard.
Serena Lamontagne, an abutter, said some of her concerns are the same as Ms. Royce. There is the additional traffic, including U-Hauls. They have no problems with one or two deliveries a week with the electrical business. Everybody knows everybody in the neighborhood but the storage buildings would bring in strangers and that is a safety issue. We feel our children are safe now. People storing stuff don’t always take good care of it; sometimes things are left outside. Without a fence there are security issues. Decreasing the value of their homes is a concern. People in the neighborhood have worked hard and spent money on up-keep of their homes. Storage buildings shouldn’t be in a residential neighborhood. The road is two lanes and
in winter it is narrower. When they bought their house eleven years ago they knew about the existing business but it was always quiet and they don’t have a problem with the electrical business. She would not have bought the house if there were storage units there.
Christine Perkins, an abutter, said the storage units would be 18 feet away from the only window on the first floor that she has on that side of the house. She has no problem with the small business but does have a big problem with the storage units. She worries about her children and the neighborhood children that all play together, the snow pile and her back yard, the pool, and the swing set is right there.
Pat Pickul said there is a 20-foot right-of-way between her house and the Nickerson property. She would hate to see it used and dug up. Mr. Nickerson responded that it would not be used.
Christine Perkins asked about the lighting on the sides of the building. Mr. Nickerson said the lighting would be aimed downward. Mrs. Francis asked about the number of lights on each building. Mr. Nickerson was not positive but thought six on each building, 60 watt. Mr. Edkins advised that the plans show three lights on the side of the building facing Ms. Perkins and one on each end.
Serena Lamontagne asked about the number of units. Mr. Nickerson said a total of 50 units in the two buildings.
Mrs. Francis asked about security fencing for the storage units and had Mr. Nickerson given consideration to that. Mr. Nickerson said “no” because it would be an inconvenience. Mrs. Francis felt that people storing their possessions would feel more secure with a fence.
Paul Norton lives across the street and his concerns are the construction noise, the melting snow; he also feels the buildings will be an eyesore. The taxes on our properties will go up but yet they will depreciate with the storage buildings.
Sandy Fisher is worried about the kids playing in the street; it will not be safe for our kids riding their bikes. Her concern is the storage units, the snow piles make the streets narrower for the traffic, the lighting and other issues as noted above.
Judy Royce asked if anyone checked with other storage unit owners to look into traffic. People use storage units more frequently these days. She feels it will increase the traffic and drop the property values a lot. Does the Planning Board take into consideration how many families a project like this will affect? Mrs. Francis said we listen to what is being said but we follow the Town regulations and the statutory rules set by the State of New Hampshire. Property values are not something that the Board is authorized to consider in reviewing a proposal like this. The place to consider that is whether to have more zoning than we already have. The Board is working on the Master Plan and eventually they will get to the zoning question and whether we need tighter
zoning provisions.
Robert Beaudry noted that the Planning Board reviews the applications and whether they like or dislike a project, if it meets the requirements and criteria, it is hard to turn them down. The Board works with the tools they are given.
Jim Lamontagne said this is a very narrow two-lane road. Mrs. Francis said this is a real issue. Mr. Edkins noted that there are public studies that talk about traffic, we should be able to get some traffic data as to what kind of traffic units like this generate and he will try to obtain this information prior to the next meeting.
Fred Poisson asked if Mr. Nickerson is willing to limit this to residential users and not commercial users? Mr. Nickerson said he would. Mr. Poisson noted the hours of 7:00 am to 9:00 pm – could he reduce those hours due to the fact that it is a residential area? Mr. Nickerson will consider that.
Jim Fisher has the same concerns as mentioned above. This is a dead end street – the sign is a yellow triangle –cars will come around the corner and not know it is a dead end street. How will the hours be controlled especially if it is not fenced off? Are there lot sizes for new buildings? Mrs. Francis noted that there are setback requirements and we will pursue that some more.
Pat Pickul asked if the dumpster will be filled with stuff from the business or from the units? Mr. Nickerson responded from everything; it will be behind the corner of the building. Mrs. Pickul commented that the Bridge Street – Baldwin Court corner is dangerous and everybody should be made aware of that.
Judy Royce feels there will be a lot of salt going into her yard from the road and the Nickerson property. She is worried about her back yard. What recourse is there if her cellar floods? It is a narrow road. Mr. Nickerson said the site will be sloped away and runoff will be channeled into the catch basin. Mrs. Francis said that on the drawings all the snow is against the property line and on another drawing there aren’t elevations; the contours aren’t defined. The snow and snowmelt needs to be contained on the Nickerson property.
Jim Lamontagne said people would be storing motorcycles, vehicles and miscellaneous items so that means that the motorcycles, etc. will be going back and forth; storage is not a one-shot deal.
Mrs. Francis asked Mr. Nickerson to show how, in the wintertime, people will have enough room to access in and out of the facility; there will be trailers, pick-up trucks, etc. Mr. Nickerson explained that the snow will be cleaned-off the paved area after each storm, there is 25 feet between the buildings and 15 feet on one side and about 30 feet on the other side. Mrs. Francis felt it is pretty tight.
Paul Norton said there would be more noise from all the plowing, not only from the Town trucks but also on-site plowing.
Christine Perkins has a lot of trouble with her bulkhead, the cellar floods. The extra snow will add to her problems. Mrs. Francis said the Board has to look into that more carefully.
Mr. Poisson moved to table this application until the next meeting to allow Mr. Nickerson time to revise his plan with the following items and to provide an Engineering Plan by a NH professional engineer: 1) revise the grades including 25 feet to the west and south of his site; 2) have someone do drainage calculations for the area and determine if his system will handle that amount of water; 3) show the location of the existing town sewer line on the plan; 4) provide projections on traffic flow on Baldwin Court; 5) show Baldwin Court on the plan with specifications for the street especially the width; 6) revise the hours of operation; 7) agree to limit use to residential storage only; 8) show the snow drainage direction; 9) provide a security plan; 10) provide a copy of the
Lease Agreement listing prohibited items; and 11) show the details of lighting. Mr. Beaudry seconded the motion. With six members in favor, the motion carried.
Mr. Nickerson stated that he covered the drainage; this is a state approved catch basin. Mr. Poisson noted that this Board is not qualified to say that that drainage system in adequate. We have several neighbors at this meeting that have expressed concerns.
Mr. Edkins advised the neighbors present that this agenda item will continue at the next Planning Board meeting on Tuesday, April 6th and will continue to be on the agenda for each meeting until a decision is made.
INFORMAL CONSULTATION: Thomas LeDuc is interested in purchasing the property known as Desi’s Convenience Store on the Ox Brook Road. He distributed a preliminary packet of information. The convenience store has a kitchen and prepares small meals. Mr. LeDuc is not proposing to increase the size of the structure or the parking area but is looking to increase the kitchen capacity and put in a small restaurant in the present structure – breakfast, lunch and light dinner, ice cream, desserts, etc. At this time he isn’t looking to serve beer and wine. He would like to sub-divide this parcel into two lots as follows: 1) the first lot will contain the convenience store known as Desi’s on a half acre lot, and 2) the second 1-acre lot would
contain a ranch style home with a one bedroom apartment for his son to use. The property currently has town water and a septic system. His plans are to paint/stain the outside of the restaurant, change the sign, maybe change the lighting to a down-ward type light for safety purposes. The hours will remain basically the same. Mrs. Francis advised that the Planning Board has Site Plan regulations.
Mr. LeDuc wanted to know if the Board would entertain this for this particular property. He doesn’t necessarily need one acre for his home and isn’t sure if the Town would want to extend the water line to where the house would be. He would be willing to put in his own well. Mr. Edkins felt that any extension of the water line would be at Mr. LeDuc’s expense. Mr. Edkins talked with Mr. LeDuc prior to the meeting and felt that the Board might want to discuss the sub-division issue with him. The Town Zoning Ordinance spells out minimum lot sizes – this is Zone E– the minimum lot size is one-half acre if there is either town water or town sewer. The Subdivision regulations are where the frontage regulations are – there needs to be a minimum
frontage of 100 feet with both town water and town sewer; if you don’t have both, the minimum frontage is 200 feet. Because that minimum frontage is in the Subdivision regulations, this Board does have the authority to waive the requirement if the Board feels this is warranted. The other issue of the store into a conversion to a restaurant situation is less problematic – it would require Site Plan review because of the change of use. The adequacy of parking for the restaurant will need to be looked at.
Mr. Poisson noted that the Board has waived frontage requirements but his concern is a septic system in that field. Mr. LeDuc said there is a septic system out in that field already; it has a 1,000-gallon capacity. Mr. Edkins felt that the area where Mr. LeDuc wants to build the house is low so he might want to have someone do some test pits first for a perc test. Mr. Sussman noted that a septic system for a restaurant would have to handle a much greater amount of flow. Mr. LeDuc said they have been serving food in that place for years but it is carryout. Mr. Edkins thought that a septic system for a restaurant was based on the number of seats and there are state requirements.
Mr. Sussman felt that if Mr. LeDuc could provide a plan that works to show both water and sewer disposal then he has no problem with the frontage. Mr. Beaudry said before Mr. LeDuc comes back he probably should talk with the State about the requirements for the restaurant – there will be public restrooms. It was suggested that Mr. LeDuc contact Wayne McCutcheon for additional information on the property. Mr. Beaudry believes that if Mr. LeDuc came back with all the approvals from the State, this Board would probably waive the frontage requirement. Mrs. Francis agreed. Mr. Sussman indicated there needs to be adequate parking for the restaurant patrons. Mrs. Francis added the ice cream shop would have vehicles coming-and-going. Mr. LeDuc feels there would be
sufficient parking space for 25 to 30 vehicles; there are gravel areas on both sides of the restaurant. Relative to the restaurant, Mr. LeDuc will depend on local customers, keep the prices reasonable, and work with other local
Mr. Sussman brought up the subject of signs. Mr. LeDuc and the Flight Park might request putting up a joint sign on the Flight Park land for both businesses that would meet the Town’s requirements. Mr. Edkins advised that the Town does not allow off premises signs. Mr. Poisson said the sign that is on the building now is quite visible from the road. Mr. LeDuc responded that it is only visible from one direction, otherwise, it is blocked by trees. There was a consensus that the Planning Board had discussed quite a few issues in this preliminary consultation. They will await an application from Mr. LeDuc.
Mr. Beaudry left the meeting at 8:40 P.M.
PLANNING, POLICY & REGULATORY ISSUES:
MASTER PLAN: There was a consensus of the Planning Board to schedule a meeting to work on the Master Plan with the Upper Valley Lake Sunapee Regional Planning Commission on Tuesday, March 30th, 2004, at 7:00 P.M.
ADMINISTRATION & CORRESPONDENCE:
Mr. Edkins reviewed the following correspondence with the Planning Board:
· The Planning Board received copies of a letter in their packets from Priscilla Erisman, dated February 21, 2004, relative to the St. Pierre gravel pit application.
· A memorandum, agenda and registration materials was received for the Office of Energy and Planning’s 11th Annual Spring Conference for Planning and Zoning Board members. This will be held at the Center of New Hampshire in Manchester, NH, on Saturday, May 8th, 2004. The Town will pay the fee for those Board members wishing to attend.
· The “Watermark” annual booklet, 2004, Number 1, was received from the National Flood Insurance Program- FEMA.
· A card was received from the Connecticut River Joint Commissions announcing the “2004 Connecticut River Valley Partnership Program”. Completed applications must be received by April 7th, 2004.
· A letter was received from the United States Environmental Protection Agency enclosing information on the new Federal requirements dealing with storm water and construction activity. Previously only projects that disturbed 5 acres of land or more needed permit coverage but that has been reduced to 1 acre (for a federal permit). This applies to the Town’s Highway Department.
· The Upper Valley Lake Sunapee Regional Planning Commission is putting on a presentation on Community Water Supply: Planning, Protection and Options on March 17th, 2004, from 7:00 to 9:00 PM at the Hartland Public Library Community Room in Hartland, Vermont.
· The Winter 2004 newsletter was received from the Connecticut River Joint Commissions. On page 1 there is a picture and article on the restored riverbank at the Fort at No. 4.
· A letter and brochure was received from RightRoad Development Advisors (consulting firm) regarding services offered for preparing a Capital Improvement Program (CIP)”. Mr. Edkins feels that the Planning Board needs to update their Master Plan first.
· The Upper Valley Lake Sunapee Regional Planning Commission is presenting a seminar on “Transportation Needs of the Elderly & Disabled” on March 23rd, 2004, from 4:30 to 6:30 PM at the Lebanon Senior Center at 10 Cambell Street, in Lebanon, NH.
· Cartographic Associates, Inc. is sponsoring an Internet GIS Seminar on Wednesday, April 7th, 2004, from 9:00 am to 11:00 am at the Town Offices (375 Main Street) in the Sydney Crook Conference Room in New London, NH. This workshop is intended to expose more communities to the concept of online GIS mapping using a cost-effective solution called Maps Online.
· A structuring conference has been scheduled for March 17th, 2004, on the Harvey Hill, et al v. Town of Charlestown case. Mr. Edkins advised that this hearing is for the attorneys to attend and work out details. In addition to appealing the Planning Board’s approval of that project, Mr. Hill, et al, have now filed a Civil Nuisance Suit against the Haynes. The Town was not named in the Civil Suit.
There being no other business, Mr. Poisson moved for adjournment. Mr. Sussman seconded the motion and with six members in favor, the meeting adjourned at 8:50 P.M.
Respectfully submitted,
David M. Edkins Minutes Filed 3-22-04
Planning & Zoning Administrator
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the April 6, 2004, meeting.)
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