MINUTES
CHARLESTOWN PLANNING BOARD
JULY 20, 2004
Members Present: Robert Frizzell – Chair; Sharon Francis – Vice-Chair; Steven Neill – Ex-Officio, Gail Fellows, Fred Poisson, David Sussman
Alternates Present: Eric Lutz, Linda Stewart
Staff Present: David Edkins – Planning & Zoning Administrator
Regina Borden – Recording Secretary
CALL TO ORDER & SEATING OF ALTERNATES: Chairman Robert Frizzell called the meeting to order at 7:00 P.M. He noted the absence of regular member Robert Beaudry and alternate member Roger Thibodeau. He called upon Alternate Member Linda Stewart to sit in Mr. Beaudry’s place.
APPROVAL OF MINUTES OF JULY 6, 2004:
Gail Fellows moved to approve the Minutes of the July 6, 2004 meeting as printed. Sharon Francis seconded the motion. With five members in favor, the minutes were approved. Fred Poisson and Linda Stewart abstained, as they were not in attendance at the meeting.
JOHN PELLERIN – Sign Permit Application – 62 Main Street – Map 28, Lot 69 – Zone E (Mixed Use): Mr. Pellerin explained that the “Ice Cream Machine” sign will placed in the existing sign frame along with a new, smaller “Village Video” sign. The two signs combined will thus be the same size as the existing sign. Pictures of the proposed sign were viewed.
Mrs. Francis moved to approve the proposed sign change as presented. Mr. Poisson seconded the motion. Mr. Poisson questioned the lighting. Mr. Pellerin responded that the lighting has been on 24 hours/day for the past 3 months. Mr. Frizzell noted that the Board prefers that lights be turned off at the close of business. Mr. Pellerin is agreeable to shutting them off at 11:00 P.M. Mr. Frizzell confirmed that the Board could make that a friendly suggestion without a motion. With six members in favor, the motion carried. Ms. Fellows abstained from the vote because she would like to see the condition on the timing for the lights included in the approval since it is a change in signs. Since the Board cannot do so, she prefers to not vote at all.
JOANNE LEMIEUX & SUSAN BARNA – Two (2) Lot Subdivision – Old Claremont Road – Map 14, Lot 14 – Zone E (Mixed Use): Fred Gregoire, the applicants’ representative was present distributed revised plans of the proposed subdivision. The Planning Board reviewed the completeness checklist, as submitted, for a minor subdivision. Mrs. Francis questioned the 75-foot well radius on Lot #2, as it encroaches into the roadway. She noted that the Town salts their roads so it seems inappropriate to approve a well radius that includes the road. Mr. Gregoire felt that the State allows the road within the required radius because it is a public maintained road and does not cross any abutting property line. Mr. Neill said the State does allow that but our Subdivision
Regulations do not. Mr. Edkins read from page 21 in the Subdivision Regulations – noting that well radius must be entirely located on its own lot.
Mr. Edkins noted that the Town’s 2” water line goes up to the southwestern corner near the tennis building. It isn’t adequate to take any additional use so that is why the applicants have proposed their own on-site wells. The Water Department doesn’t have any concerns with this proposal. One issue is that Mr. Salsi’s service water line runs across these lots. He talked with Mr. Lemieux who assured him that the water line would be protected. Mr. Salsi wanted this to be in the record. Mr. Edkins felt it would be appropriate to show this water line on the plan; it needs to be addressed. Mr. Duquette was able to locate the shut-off but not the actual line as it runs across the lots. It does not appear that there is an easement or right-of-way for
this private service line. The Comstock and Salsi properties have problems with an adequate water supply when there is heavy usage on other properties.
Mrs. Francis noted that on page 27 our regulations state that the Fire Chief shall review all proposals for adequate water for fire protection. Was there any contact with the Fire Chief? Mr. Gregoire was not sure. Mr. Edkins said the water supply is inadequate but he is not sure that the Board can ask the developer of a 2-lot subdivision to be responsible for an entire upgrade of the system; maybe participate but not bear the entire cost. Mr. Neill felt he is adding a burden. Mrs. Francis cannot support a well radius encompassing the road. It would help to know what the cost would be and when might the Town have sufficient funding that can be applied. There may be a prematurity issue until such a time as the Town can do their share.
There was discussion relative to completeness of the application. Mr. Sussman summarized that there are three issues: the fire protection and contact with the Fire Department, the well radius on the site and the existing water line, the easement or re-routing, to be shown on the plan.
Ms. Fellows moved to accept this application as complete as presented. Mr. Poisson seconded the motion.
Mr. Frizzell suggested that the applicants go back to work on the three issues and come back with a solution. Mrs. Francis cannot support the motion as complete in that the water line isn’t shown and the Public Works Department needs an estimate of what it would cost to enlarge that line to serve those properties. Mr. Neill questioned the scale on the drawings. Mr. Edkins said all of the rules are flexible and this is not an issue as it is not even in the regulations; this is an older checklist. Mr. Sussman did not believe that the scale is an issue because it shows adequately what needs to be shown. Mr. Poisson would like to know if the two houses across the street have water; if water goes beyond the tennis building then there is a problem.
Vote: Ms. Fellows was in favor of the motion. With six members opposed, the motion failed.
Mrs. Francis moved to table this application until the next meeting on August 3rd, until the applicant addresses these matters and to ask Water & Wastewater Superintendent to provide information on the cost of upgrading the water line to serve the properties along the road. Mr. Sussman seconded the motion. With seven members in favor, the motion carried.
WHELEN ENGINEERING CO., INC. – 30,450 Sq. Ft. (210’ X 145’) Addition (Warehouse & Mechanical Equipment) and 4,800 Sq. Ft. (60’ X 80’) New Structure (Maintenance Equipment) – 99 CEDA Road – Map 13, Lot 28 – Zones E (Mixed Use) and F-1 (Industrial/Business): John Olson of Whelen Engineering Co., Inc., distributed a revised plan to Board members. This plan takes into account the required 50-foot setback from the existing pond on the site. They are applying for an extension of the existing building to add warehouse space but in order to do that they have to remove a maintenance building. Last year in the lower right hand corner of the sketch there was an approved change that was designed to be incorporated into the building. They also
have to move the stand-by generator and, in moving the maintenance building, have to build a portable containment building to move the tanks above ground. The oil tanks and air conditioner, etc. also have to be moved. They propose to build a new 60’ x 80’ maintenance building. Because of the recent wetland work, they showed the State their long-term future plans. They have purchased the Design Standard building across the street, renovated it and will put in a product that can be sustained by itself without being in the main building. They will move into that building within two weeks and it will provide about 25 new jobs. Relative to the expansion of the warehouse, they need storage space and space to automate to remain competitive. They will acquire a small piece of land from Paul Beaudry to comply with the 40-foot property line setback requirement. Mr. Sussman asked about impacts from noise and hazardous materials.
Mr. Olson responded that there would be none; they will be using rotary compressors. Mr. Edkins noted that this is an amendment to a previously approved Site Plan, as it represents an increase of less than 25% of the existing operation.
Mrs. Francis advised that William Austin, owner of Water Edge Spas, which abuts the property to the south, expressed concern over the addition and the additional traffic it may generate. He has stated that it is often difficult to exit his driveway onto CEDA Road when a shift gets out at Whelen. He suggested a “STOP” sign be installed to the north of the intersection formed by CEDA Road, his driveway and the new access road to Route 12. Mr. Olson said this is a Town Road. There are less people in the CEDA Industrial Park now than a year ago. Whelen Engineering has gone to staggered shifts. Keith Weed, Highway Superintendent, looked at the configuration and figured there could be a three-way “STOP” sign if the need is there. Mr. Olson indicated that at 4:00
P.M. there might be a one-minute delay at the corner.
Mr. Poisson moved to accept this application as complete. Mr. Neill seconded the motion. Ms Fellows said that at some point the Board would need to include the boundary adjustment. Mr. Edkins noted that we have the survey plan now; it was viewed by the Board. With seven members in favor, the motion carried.
There was no public comment.
Mrs. Francis moved to grant final approval subject to the finalization of the boundary adjustment. Mr. Poisson seconded the motion. Ms. Fellows abstained as she feels that waiting for two weeks will allow time for abutters to make comments before a final decision is made. With six members in favor, the motion carried.
The Planning Board took a recess from 8:00 to 8:08 P.M.
VICTOR R. & NANCY J. ST. PIERRE – Fifteen (15) Lot Subdivision – Great Country Road – Map 3, Lots 17 & 18 – Zone E (Mixed Use): Victor St. Pierre distributed a supplemental sketch of the proposed 15-lot subdivision. Mr. Edkins reported that he had talked with Gary Stoddard, Fire Chief, and he does not have a problem with the 1100-foot road to the cul-de-sac from Great Country Road. Chief Stoddard said because the utilities will be underground there would be fewer potential obstacles to emergency services vehicles.
Mr. Frizzell mentioned the back lots on the cul-de-sac. Mr. Edkins referenced page 20 in the subdivision regulations. If there are back lots they need at least 50’ of Town road frontage for access; width where the house will be built needs to meet the frontage requirements in the zone they are located. There was discussion relative to stretching the definition of back lots that are on the cul-de-sac. Mrs. Francis asked Mr. St. Pierre if he contemplates any Deed restrictions? Mr. St. Pierre responded that there would be covenants that similar to those in the Cedarwood Road development– subject to specific trees, landscaping, no mobile homes, limits on farm animals, etc.
Mr. Edkins said this is an application that has been submitted but we still need the engineering detail on the road, water line, test pits, etc. Mr. St. Pierre said that the engineering is in progress but there has been a delay in the final work. He added that there are no wetlands on the site. The site is characterized by sandy soils and test pit data is with the engineers now. The plan shows the septic areas as the State would allow them. Mr. St. Pierre advised that the development will have a 6” water line and the new Class 5 road will be paved. Soils Engineering is doing the road design as well as the water line and drainage design. The water line design will have to be approved by Water Superintendent David Duquette. Mr. Sussman felt that the layout is okay but
would change lots 6, 7, 8 & 9 in the most sensible way. Mrs. Francis felt that the lots off the cul-de-sac are not back lots and she believes they should have the 200’ frontage for each one. Mr. Sussman noted that the lots on the cul-de-sac far exceed the Town requirements. Mr. Poisson said that Mr. St. Pierre could make a formal request to the Planning Board to waive the minimum frontage requirements for the cul-de-sac lots with a specific plan.
Mrs. Francis moved that the Planning Board not allow Lots 7 & 8 to be designated as back lots and ask the applicant to come back with a re-configuration of the lots around the cul-de-sac. Linda Stewart seconded the motion. Mr. Sussman said the lots are between 1.6 and 5.9 acres so it seems that the Board should give Mr. St. Pierre an expression that this is okay and the Board should be inclined to waive that requirement around the cul-de-sac based on the larger size of the lots and the sufficient width. With seven members in favor, the motion carried.
Public Comment: Albert St. Pierre is an abutter. One of his questions would be before one would get to the Great Country Road. How far are we in from the River Road to the cul-de-sac? He believes that when Vic St. Pierre got his Building Permit he had to sign off on liability with the Town because it was a private road. The Board has to look at this access road. Many abutters on the Great Country Road were not notified; they will have residents of 15 homes driving back and forth. The water line from Ox Brook Road is 6” so he would like to have someone say that a 6” line can handle 15 more homes. In addition, one of the problems with the camp that wanted to develop land in that area was that they did not have a second exit so couldn’t move forward.
Jim Belanger lives on the River Road and according to this map he does not see a right-of-way across the subdivision to his two springs on the top of the hill. He has deeded rights to the springs and has Town water now but at some point might like to have access to his own spring water. Vic St. Pierre advised that this is not in his Deed. Mr. Frizzell recommended that Mr. Belanger and Vic St. Pierre try to work out a solution but if they cannot the Planning Board will try to take care of it. Mr. Belanger noted that the topmost spring used to provide water to North Charlestown.
Vic St. Pierre advised that the Great Country Road is a Town Class 6 road; it is a legal public road. There are regulations at the State that allow for a 33’ wide road but most of it is 50’ wide. Three of the abutters that he talked to were notified and are excited about having the road paved. He has 88 pounds of water pressure at his house with a 1” line. Mr. Duquette did calculations and did not have any problems with water pressure and distribution. He indicated that it would be of no value to increase the size if the line from 6” to 8”. Mr. Edkins said the Board will need engineering details to be reviewed by the Water Superintendent but we do not have that now. The Board of Selectmen has to be willing to upgrade the Class 6 road to Class 5 with a
less than 50’ width. Many existing roads in Town only have a 33’ right-of-way. Vic St. Pierre would have to go before the Selectboard to see if they would accept it; only about 150’ of the road is less than 50’wide. Mr. Neill did not feel that the Selectboard would have a problem with this issue on acceptance of this road if it meets the standards but he is unclear on the 1,000 feet – does it start on the River Road?
Mr. Poisson moved to table this application until the next meeting on Tuesday, August 3rd, 2004. Mrs. Francis seconded the motion. With seven members in favor, the motion carried.
PLANNING, POLICY & REGULATORY ISSUES:
Upper Valley Lake Sunapee Regional Planning Commission: Vicky Boundy is planning to be present at the next meeting. The agenda will be lengthy as it includes two applications that are carried-over from tonight and a new application, therefore, there was a consensus of the Board to place Mrs. Boundy at the beginning of the agenda.
Morningside Flight Park: Mrs. Francis asked if the Morningside Flight Park is operational? Mr. Edkins responded “yes” they are operational on a scaled back basis but they haven’t showed all of the plans nor have they brought in some of the boundaries of where they are flying. He spoke with Jeff Nicolay today.
Gristmill Site: Mrs. Francis advised that there is quite a lot of clearing that has taken place. Have they obtained all of the permits or impinged on the wetlands? Mr. Edkins said they have permission to log in there and do not need this Board’s approval to clear building sites.
ADMINISTRATION & CORRESPONDENCE:
Shaw Subdivision: In view of the fact that Mr. Edkins was on vacation, Mr. Frizzell signed the mylar so a sale of the lot could move forward.
Mr. Edkins advised that the following correspondence was received:
· A letter of resignation was received from Robert Beaudry. Mr. Edkins advised that Mr. Beaudry has also resigned from the Finance Committee and Solid Waste Committee.
Mr. Poisson moved that the Planning Board send an appropriate letter to acknowledge this resignation with regret and request that he reconsider coming back as a member of this Board. Mrs. Francis seconded the motion. Mrs. Francis amended the motion by adding that the Board will fill this position with an alternate for 60 days and hope that Mr. Beaudry will reconsider coming back as the Board would like to have him among them. With seven members in favor, the motion carried.
Mr. Frizzell will sign the letter.
· A letter was received from the Comprehensive Environmental Incorporated regarding the RFPs from the New Hampshire Department of Environmental Services for the 2004 Watershed Restoration Grants. It was noted that there are no impaired watersheds in the Town of Charlestown.
· A letter and CD-ROM were received from the Southern NH Planning Commission “Preparing A Master Plan For Your Community” – June 2004. It takes an in-depth look at the master planning process and represents a collaborative effort with other Regional Planning Commissions and local planners.
· The “New England’s Environment” newsletter for May/June 2004 was received.
· A copy of the Town of Charlestown’s Permit By Notification form to the Department of Environmental Services Wetlands Bureau for a dock and ramp to be anchored to shore via cable in Patch Park.
· An agenda for the Upper Valley Lake Sunapee Regional Planning Commission meeting on Wednesday, July 21st, 2004, at 6:00 P.M. in Lebanon. Mr. Edkins advised that the Town is looking for two representatives to the UVLSRPC. Eric Lutz volunteered to give it a try.
Ms. Fellows noted that in the Planning Board’s Subdivision Regulations, under Fire Protection, it states that the Fire Department will provide their findings in writing. When other departments are requested to provide findings that the Planning Board needs it should be submitted in writing and become a part of the file.
There being no other business, Mr. Poisson moved for adjournment. Ms. Fellows seconded the motion and, with seven members in favor, the meeting adjourned at 9:32 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Minutes Filed: 7-27-04
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the August 3, 2004, meeting.)
| 