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Planning Board Minutes 08/17/04

MINUTES
CHARLESTOWN PLANNING BOARD
AUGUST 17, 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, Roger Thibodeau

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.   Robert Beaudry indicated that he does not plan to return as a member of the Board.   He asked the Planning Board if they wished to appoint an Alternate as a replacement member or rotate the Alternates at each meeting.

Steve Neill moved to appoint Roger Thibodeau to fill the vacancy of Robert Beaudry until the next Town election in March.  Sharon Francis seconded the motion.  With six members in favor, the motion was approved.  

APPROVAL OF MINUTES OF AUGUST 3, 2004:

Sharon Francis moved to approve the Minutes of the August 3, 2004, meeting as printed.  Gail Fellows seconded the motion.  Roger Thibodeau noted that on page 3 when he discussed the “home repair funding programs” he talked about the reluctance of some people to improve their homes because it might raise their property taxes.  With seven members in favor, the minutes were approved as revised.

Steve Neill moved to approve the Minutes of the August 12, 2004 site visit to the St. Pierre subdivision, as printed.  Gail Fellows seconded the motion.  With five members in favor, the motion was approved. Roger Thibodeau and David Sussman abstained, as they were not present at the site visit.  

D & S LAMPHERE, LLC (OLD FORT NO. 4 APTS.) – Sign Permit – 3507 Claremont Road – Map 5, Lot 2 – Zone E (Mixed Use):  Mr. Lamphere is requesting a permit to replace two existing signs with a new sign “Meadow View Apartments and AAA Storage Units”.  The sign will be 60”x 120” rather than 60-1/2”x121” as indicated on the application.  Mr. Sussman questioned the lighting being on all night.  Mr. Lamphere advised that the lighting will be on the same system as the old sign and it will be on all night.  Mrs. Francis feels that because of the location and the fact that it is not a typical business with regular hours of operation but rather a residential complex to which people could come and go at any hour that the all night lighting is appropriate.
Mr. Poisson moved to approve the Sign Permit as presented but with the revised dimensions (60” X 120”).  Mr. Thibodeau seconded the motion.  With seven members in favor, the motion was approved.   

JOANNE LEMIEUX & SUSAN BARNA, Cont’d – Two (2) Lot Subdivision – Old Claremont Road – Map 14, Lot 14 – Zone E (Mixed Use):  Tom Dombroski and Fred Gregoire, the applicants’ representatives, advised that there are no changes to the plan from the last meeting.  

        Mr. Sussman moved for final approval.  Mr. Poisson seconded the motion.

Ms. Fellows said when the Board first reviewed the application they took issue with the fact that the 75’ well radius encroached into the roadway; how do we guarantee that the well doesn’t get moved back into that area?  We will not know if that happens in the future.  Mr. Edkins responded that the purpose of that standard is to make sure that there is an area on the lot that will accept a 75-foot well radius area.  The Planning Board doesn’t have the jurisdiction or authority as to where the well is ultimately placed on the lot.  The well could go in someplace else but if it goes in with the State requirements we just have to make sure that there is a 75’ radius on that property.  Mr. Frizzell said that the Planning Board makes sure there is room for the well on the property but if they do something different and there is a problem they can’t come back to the Planning Board.  Mr. Edkins noted that the next step, if someone were to build there, is to design the septic system for the State’s approval and the site for the well will have to be shown.  Tom Dombroski noted that the State allows the road in that 75’ radius and if they sign and record a well release form, the owners can install a well closer than 75 feet to a property line but they run the risk that the neighbors could put in a sewer system close to the well and there is nothing the owner can do.  This lot has soils that are acceptable and is large enough so that a septic system and a well with a 75’ radius can be located on this lot.  Mr. Edkins said according to the Town’s Subdivision regulations this Board does not have the right to dictate where the well goes on any lot but they have the ability to make the applicant show that there is a place on the lot where a well can be located with a 75-foot protective radius.  Mrs. Francis has trouble with this kind of interpretation as we spend time to make sure that the subdivisions are adequate.  Mr. Thibodeau feels that what is here is good because the State has guidelines for the well and septic system and the plans are showing that the well and septic system can be on that property.  Mr. Edkins noted that the Town doesn’t issue well permits to determine this is where the well will go, the septic systems need a design that has to be approved by the State and after it is built the State will make sure that it is constructed in accordance with the approved design.  Mr. Poisson stated that a duly licensed designer is stating that there is an area suitable for a septic system and for a well.  Tom Dombroski said the State only cares that it meets the criteria.  Sometimes they have to be moved a little because of rock, ledge, etc.  

Mr. Poisson asked the Chairman to move the question.  With five members in favor, the question was moved.  Mrs. Francis and Mr. Sussman were opposed.  

Vote on the main motion:  With five members in favor, the motion was approved. Mrs. Francis and Mr. Sussman were opposed.                            

Mrs. Francis felt that changing the location of the well and septic system after approval of a subdivision application should be addressed in the Subdivision regulations.  Maybe it could indicate a percentage of movement from one area to another.  Mr. Edkins isn’t sure how one would enforce that.  Some of these lots may change hands three times before somebody actually builds on it.  Mrs. Francis asked that this be an agenda item in the future.

VICTOR R. & NANCY J. ST. PIERRE, Cont’d – Fifteen (15) Lot Subdivision – Great Country Road – Map 3, Lots 17 & 18 – Zone E (Mixed Use):  Mr. Edkins advised that Victor St. Pierre called to say that he didn’t have anything new to present at this meeting.

Ms. Fellows moved to table the Victor R. & Nancy J. St. Pierre application until the September 7 meeting.  Mr. Thibodeau seconded the motion.  With seven members in favor, the motion was approved.

CHARLESTOWN BIBLE CHURCH, Cont’d – New Public Assembly Building (Church) – Hammond Road – Map 20, Lot 28-4 – Zone F-2 (Industrial/Business):  David Becker, Pastor, and David Bascom, Elder of the Church, were present representing the applicant.  Revised plans for Phase I were distributed as well as plans for Phase II; they included the NH engineers stamp on the sketches.  Mr. Edkins noted that the Charlestown Bible Church is looking for approval of both Phase I and Phase II even though they will only build Phase I now.  Mrs. Francis was looking into the adjacent lot and questioned if that septic field is too close to the well radius on this property, is there enough distance of separation.  Mr. Edkins responded, “yes” especially because the septic system is downgrade from the well.  It was noted that the capacity of the well is sufficient in that the approximately 150 people will not be living there and the water used about once a week.  There was discussion relative to the tree line buffer on the Pickul property.  If Mr. Pickul clears his land the Church would probably plant something themselves.  The Church will have 10’ of the vegetation on their property line.  Mr. Poisson questioned the retention swale on the lower part of the lot; will it hold the storm water from the parking lot?  Mr. Becker said it is 3’ deep; there is also a natural swale there.  Mr. Poisson asked Mr. Becker and Mr. Bascom if they minded if the Board members walked the property.  They responded that it was okay and there were stakes on the property.  There were no abutters present at this meeting.

Mr. Poisson moved to accept this application as complete.  Ms. Fellows seconded the motion.  With seven members in favor, the motion was approved.            

JOHN M. BAKUNAS – Two (2) Lot Subdivision – 98 Meany Road – Map 34, Lot 46 – Zone E (Mixed Use):  Tom Dombroski was representing Mr. Bakunas.  This is a request for a two (2) lot subdivision.  Mr. Dombroski added the NH DES approval number to the sketches that were distributed at this meeting.  Lot No. 1 will have two (2) acres and Lot No. 2 will have ten+ (10+) acres.  Mr. Edkins advised that a Building Permit will not be issued until there is a septic and well system approved by the State.  There were no abutters present at this meeting.

Mr. Poisson moved to accept this application as complete.  Mrs. Francis seconded the motion.  With seven members in favor, the motion was approved.  

OLD CLAREMONT REALTY TRUST – Convert Existing Single Family Residence to Office, Showroom and Apartment – 792 Old Claremont Road – Map 22, Lot 94-2 – Zone E (Mixed Use):  Richard and Brenda Paskerta and Alex Zedah, applicants, were present.  Mr. Zedah distributed copies of the plan that are slightly different than the ones originally proposed.  Mr. Edkins noted that on the original plan there were two additional parking spaces on the property line that have now been deleted.  The waste disposal area is a dumpster and screening has been added.  Mr. Paskerta advised that the parking lot would be gravel.  Currently the water and sewer and existing access are over the front lot but the plan is showing that they will be moved over to the 25’ access strip.  Mr. Paskerta said if this is approved they will not be moved right now.  Mr. Edkins noted that the first plan was approved in June of 2003 for a cabinet manufacturing facility but that has expired.  Mrs. Francis asked if there are two lots?  Mr. Zedah responded that there are two lots and they are not proposing to merge them.  Mr. Poisson asked that the applicants show exactly where the water line is on the new final plan.  Mr. Edkins said the question is will the existing driveway and water line be re-located – if not, the wording should be changed?  Mr. Paskerta said they will remain as they are for now.  They are improving that building, there won’t be heavy traffic, there will only be a small sign and it will be a small business; it will still be a house.  Mr. Edkins mentioned that an application would be needed for the small sign.  There were no abutters present at the meeting.

Mr. Poisson moved to accept this application as complete except for the minor re-wording that the existing driveway and water line are to be retained, not relocated.  Ms. Fellows seconded the motion.  With seven members in favor, the motion was approved.                  

PLANNING, POLICY & REGULATORY ISSUES:
Master Plan:  Copies of the Natural Resources chapter had been distributed to the Planning Board and the Conservation Commission for their review.  A copy of the memo from Tara Bamford with regard to the Housing chapter was also distributed to the Planning Board.  The Board needs to reach a consensus on how they want to see the chapters revised.  Mr. Sussman feels that the Master Plan is just too general rather than a road map that is not specific enough to Charlestown.  Shouldn’t there be a more specific analysis?  There was discussion relative to more and more land coming off the tax rolls, the Current Use valuations and the amount of money in that account.  UVLSRPC will probably put together some of the questions for the Community Attitude Survey but other questions will have to be generated by the Board.  How far do we go before finalizing the survey?  Mr. Thibodeau felt the Board needs special meetings to work on the Master Plan.  Mrs. Francis recommended that if anyone wants to add paragraphs or make substantial changes that they have them written out to present at the meeting.  It was agreed to set aside sufficient time during the September 7th meeting to work on various chapters.  Mr. Edkins will check with Tara Bamford to see if she is available to meet on Thursday, September 30th otherwise try to schedule a meeting on Thursday, September 23rd.            

ADMINISTRATION & CORRESPONDENCE:
Mr. Edkins advised that the following correspondence was received:

New Water Booster Pump Stations:  A letter was received from David Duquette, Superintendent of the Water and Wastewater Departments, to notify the Planning Board of the Town’s plans to construct two new water booster pump stations.  One will be located in the westernmost corner of the Clifford Stark property at the intersection of Stevens Street and Breakneck Hill Road.  The second station will be located on the Steve Adams property on Salt Shed Road.  Both have been designed in consultation with the affected property owners and surrounding residents.  Mr. Edkins noted that the colors will be a light tan-brown and the other a darker tan-brown.  Mr. Poisson noted that municipalities are not required to come before the Planning Board so this is a courtesy.  

Mr. Poisson moved to waive the Public Hearing.  Ms. Fellows seconded the motion.  With seven members in favor, the motion was approved.

Abandoned Septic System Material:  Mr. Frizzell stepped off as Chair of the Board.  A letter was received from Frank Delorier relative to Normand Beaudry moving two septic sewer system leach fields, each containing roughly 2000 cubic yards from the property of Robert Frizzell and depositing it at a construction site at Whelen Industries which is in the confines of a drinking water protection area.  The Selectboard has responded and a copy of their August 17th, 2004 letter, directing that the material be removed is in the correspondence file.  This issue came to the Town’s attention on Friday, August 13, 2004, and the work was halted on the same day at the direction of David Duquette, Water & Wastewater Superintendent.  

Mr. Poisson moved that the Planning Board not take any action on this issue, as it is not a Planning Board matter.  Ms. Fellows seconded the motion.  With seven members in favor, the motion was approved.  

Mr. Frizzell re-assumed his position as Chair of the Board.

·       A copy of the summer edition of the River Valley News was received.

·       The 12th Annual New Hampshire Pollution Prevention Conference “Pollution Prevention and Homeland Security – Prevention, Planning, Preparedness, and Protection” will be held on Tuesday, September 21st, 2004, at the Holloway Commons, University of New Hampshire, Durham, NH.

·       Eric Lutz will be attending an Upper Valley Lake Sunapee Regional Planning Commission “Commissioner’s Roundtable” meeting tomorrow evening in Newbury, NH.  Dave Edkins wrote a letter to Tara Bamford advising that Eric Lutz has been appointed by the Charlestown Selectboard to represent the Town.

There being no other business, Mr. Poisson moved for adjournment.  Mr. Neill seconded the motion and, with seven members in favor, the meeting adjourned at 8:50 P.M.

Respectfully submitted,
Regina Borden, Recording Secretary                              Minutes Filed: 8-27-04
(Note:   These are unapproved minutes.  Corrections, if necessary, may be found in the minutes of the September 7, 2004, meeting.)