MINUTES
CHARLESTOWN PLANNING BOARD
OCTOBER 5, 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 Roger Thibodeau and called upon alternate member Linda Stewart to sit in his place.
APPROVAL OF MINUTES OF SEPTEMBER 21, 2004 AND SEPTEMBER 23, 2004:
David Sussman moved to approve the Minutes of the September 21, 2004, meeting with the following corrections: page 1-Victor & Nancy St. Pierre - in the 5th line delete the second “that”. Page 2-Old #4 Rod, Gun & Snowmobile Club, Inc.- second paragraph - Mr. Sussman noted that Mr. Howard was to send a letter to the firing range consultant describing the shooting range operation. Mr. Edkins explained that Mr. Howard provided a plan and the firing range consultant did a site visit. Steve Neill seconded the motion. With three members in favor, the minutes were approved as corrected. Mrs. Francis, Ms. Fellows, Mr. Poisson and Mrs. Stewart abstained, as they were not present at this meeting.
David Sussman moved to approve the Minutes of the September 23, 2004, meeting with the following addition to the fifth paragraph: “Ms. Bamford agreed to send sample questions for the questionnaire”. Steve Neill seconded the motion. With four members in favor, the minutes were approved as corrected. Mrs. Francis, Ms. Fellows and Mr. Poisson abstained, as they were not present at this meeting.
VICTOR R. & NANCY J. ST. PIERRE, Cont’d – Fifteen (15) Lot Subdivision – Great Country Road – Map 3, Lots 17 & 18 – Zone E (Mixed Use): Victor St. Pierre advised that since the last meeting they submitted a new survey, and now have detail sheets and a new set of engineered plans for the Great Country Road. St. Pierre, Inc. owns a strip of land that is indicated “for future access”. Victor St. Pierre tried to purchase that strip but was not successful so they went back and laid-out the original road. The Town’s right-of-way is 33’ at any point. Mr. Edkins advised that in 1979 the Planning Board approved a two-lot subdivision for St. Pierre, Inc. but that a strip of land was reserved “for future access”. The
two lots were subsequently sold off. There are different opinions on this strip of land. The Board needs to make sure that there is a Class 5 road to serve the subdivision and only the Selectboard can make that determination. The road is not a Planning Board issue. Victor St. Pierre will attend the Selectboard meeting tomorrow night to discuss the status of the road.
Mr. Sussman moved for final approval subject to the Selectboard approval of the Great County Road being designated as a Class 5 road. Mr. Poisson seconded the motion.
Mr. Edkins noted that the plans for the Kings Grant Road have been reviewed and approved by the Highway Department and the plan for the water system going into the development have been approved by the Water Department Supervisor. The road is the remaining issue. The subdivision sketch for the fifteen lots was reviewed. Mrs. Francis felt that back in 1979 if a strip of land was left parallel to a Class 6 road for future access that was an recognition that they were looking at development in the future otherwise they would not have left it there. Mr. Edkins said that strip of land was never assessed or taxed as a separate parcel.
Ms. Fellows asked if Mr. St. Pierre would be posting a bond or a letter of credit for the improvements? Mr. St. Pierre advised that it would be a letter of credit. Ms. Fellows asked if he had determined a figure? Mr. Edkins advised that in the past the Board has handled these situations in two different ways: 1) A bond or letter of credit is posted to secure the construction of the infrastructure which is the water line and the road; and 2) the developer builds the infrastructure and the Board does not sign the mylar until the infrastructure is built and approved. The letter of credit would go to the Town. Mr. St. Pierre estimated the figure to be $200,000 for the road and water line. Mr. Edkins said usually the Board has asked for an engineer’s estimate. Mr. Frizzell
added with an engineer’s stamp and that they be registered in New Hampshire.
Mrs. Francis amended the motion to add that the approval is subject to having a letter of credit for the road and water system and that the figure is provided by a registered engineer in the State of New Hampshire. Mr. Sussman seconded the amendment. With seven members in favor, the amendment was approved.
Jesse St. Pierre stated that St. Pierre, Inc. is an abutter to the subdivision and they were not notified of the project. Mr. Edkins advised that they are not an abutter to the subdivision itself but are an abutter to Great Country Road. Jesse St. Pierre noted that they would be looking into the strip that they believe they own. To bring up a Class 6 road to a Class 5 road you need 50 feet and Victor St. Pierre does not have that. Jesse St. Pierre said the reason for 50 feet is it is necessary for plowing and drainage and he hopes that the Board sticks to this policy. Mr. Edkins said that St. Pierre, Inc. contends that they own the 35-foot strip of land that runs along side of Great Country Road and that the road is 18-1/2 feet wide. In 1979 that portion of Great Country Road was shown
as 18-1/2 feet wide with the 35-foot strip of land that was retained by St. Pierre, Inc. when they did their subdivision. Victor St. Pierre’s survey shows 33 feet and this issue remains unresolved. The Selectboard will want to be sure it is resolved before making a decision to upgrade Great Country Road. Victor St. Pierre stated that he had the property surveyed twice – once in 1988 by Wayne McCutcheon and the more recently by Bill Fitzgerald. He has several documents in-hand that include minutes of Selectboard meetings, the two surveys, the original map, his Deed, etc. He contacted Dave O’Hara who subdivided the lots for St. Pierre, Inc. and, hopefully, he will render a third opinion soon. Mr. Edkins will ask Keith Weed to review the new set of plans presented at this meeting.
Vote: With seven members in favor, the amended motion was approved.
OLD #4 ROD, GUN & SNOWMOBILE CLUB, INC., Cont’d – 25’ x 30’ Equipment & Trail Maintenance Building – Off Old Claremont Road – Map 25, Lot 2 – Zone E (Mixed Use): Steve Neill stepped off the Planning Board as he is a member of the Old #4 Rod, Gun & Snowmobile Club, Inc. Brenda Ferland sat in his place as the ex-officio alternate.
Brian Howard, Police Chief Ed Smith, Brenda Ferland and Police Corporal Kerry Pomeroy of Raymond NH, a recognized shooting range specialist, did a site visit last week. Copies of Corporal Pomeroy’s letter were distributed. He recommended that there needs to be a solid berm along the left side of the rifle/pistol deck that extends to the farthest shooting position available. If a maintenance building is built to the left of that berm, the berm must be high enough to protect the entire building. Mr. Howard said that the cost, the resources and manpower are not something that the club can undertake. They can remove the 50-yard berm and put up the fence; they would like to build the shed this fall. He made contact for more signage through the NRA handbook. They will post the
signs every 50 feet. A chain link fence can be put up on the left side and down the entire site to keep people out. The fence will be gated and locked and will be 6-or-8 feet high.
Mr. Frizzell asked if this was discussed with the Cpl. Pomeroy. Mr. Howard responded “no” they met and then Cpl. Pomeroy generated his report. Mr. Frizzell asked if it was discussed with other club members? Mr. Howard said the issue of the membership was the 50-yard berm. Mrs. Francis asked Chief Smith about the alternate proposal and did he feel that it would solve the potential for stray bullets. Chief Smith said that Cpl. Pomeroy is always on the side of caution and safety; he suggested the berm and that there can be no opening in that berm between the shooting positions and the open area or buildings to the left of the range. He felt the area needed to be protected from the benches all the way up. Mr. Sussman asked about the ricochet pattern in regards to the
50-yard berm? Mr. Howard said this was the complaint brought to Mr. Edkins; people were concerned with the opening. They will do whatever they have to do to stop pedestrians or vehicles from driving into the firing lane. Mr. Poisson noted that the shooting range is adjacent to a housing complex with a lot of children. Removing the berm isn’t going to help. The Corporal says there needs to be a berm there for safety. Mrs. Ferland said the Corporal is also concerned about the safety of the existing building. From the shooting benches it is all open and there isn’t anything to stop people from walking in; it is unsecured. Cpl. Pomeroy refers to the fact that there should be a gate of some type to prevent vehicular and pedestrian traffic from coming in front of the firing line when the range is being utilized/hot. In addition there should be some type of warning system in place at the first gate to warn incoming
members/guests that there is live firing ongoing at that time in the club.
Ms. Fellows moved to disapprove this Site Plan application as presented for safety reasons. Mrs. Francis seconded the motion.
Mr. Sussman asked if there could be a revised plan or alternatives yet retain the safety requirements. Mrs. Ferland said she was on the site visit with Cpl. Pomeroy and based on what she saw and Cpl. Pomeroy’s suggestions she would not approve a new building at this time either in that location or anywhere on that property. There is an existing building that is coming under questions for safety issues.
(Alternate member Eric Lutz arrived at the meeting at this point.)
Vote: With seven members in favor, the motion to disapprove the Site Plan application carried.
Brenda Ferland stepped off the Board and Steve Neill returned as a Board member.
DUANE WETHERBY – Dog Grooming as a Home Business & Sign Permit – 418 Langdon Road – Map 40, Lot 20 – Zone E (Mixed Use): Duane and Jean Wetherby were present. This application is for a dog grooming business. It will be in an existing shed that has electricity and water. They expect to do 3-to-5 dogs a day. Mr. Edkins received a letter from the State of New Hampshire, an abutter across the street, and they requested that as a part of the record for the hearing they have no comments. Mrs. Stewart asked if they are breeding golden retrievers? Jean Wetherby responded that they breed golden retrievers now. It was a hobby in the past and is now growing into a home business. They have an existing utility shed but are making it bigger.
They own several dogs and there are kennels that exist. Mr. Edkins noted that in reviewing animal related businesses, the Board typically looks at how many animals will be at any time, is barking a problem, and disposal of the animal waste. No abutters were present. Mr. Frizzell questioned parking. Mrs. Wetherby responded that clients would use their driveway. Dogs will be dropped off and then picked up. She may keep dogs for the day but not overnight. There are five kennels and four are used by the Wetherbys for their own dogs. There are crates in the building for the dogs to be groomed. Mrs. Francis asked about the animal waste. Mrs. Wetherby said they have a “Doggie Dooley” system; it goes in the ground and chemicals are used to break down the waste. Mr. Neill asked how close is the system to their well? Mr. Wetherby said the well is way over near lot #43, at least 100+ feet away.
Mr. Poisson moved to accept this application as complete. Mrs. Stewart seconded the motion.
Ms. Fellows asked if all the dogs are golden retrievers? Mr. Wetherby said “yes” they are show dogs. Mr. Poisson noted that he goes by their house several times a day and did not know they had more than one dog; he has never heard any barking. Mrs. Wetherby said their dogs stay in the house or by their fenced pool area. They own six dogs but, in addition, the last litter was eight puppies. Mr. Sussman questioned the waste? Mrs. Wetherby said it all goes into the ground. The unit is four feet deep and about two feet long. Mr. Poisson asked what kinds of chemicals are used? Mr. Sussman would like to have more information on the waste system. Mr. Edkins asked if they have literature on the system? Ms. Fellows would like to see some paper work on
the system, what are the chemicals, an MSDS sheet and are there State regulations. Mrs. Francis advised that a lot of people in Town breed dogs and horses and she is not concerned about that but the chemicals should be evaluated. The Board should have a record of it. Mr. and Mrs. Wetherby agreed to provide information on the waste system.
Mr. Poisson amended his motion to accept this application as complete subject to a review of this waste system during their final hearing. Mrs. Stewart seconded the amendment. With seven members in favor, the motion was approved.
Sign Permit: There was a consensus that the Planning Board will review the Sign Permit Application for Duane Wetherby during the Final Hearing.
ETHEL M. SLINKOWSKI & KATE M. BALDWIN – Two (2) Lot Subdivision – Sam Putnam Road – Map 35, Lot 39 – Zone E (Mixed Use): Travis Royce, Landmark Land Services, is representing Ethel Slinkowski and Kate Baldwin. Kate Baldwin was present. Their request is for a two-lot subdivision of the 8.73 acres – one parcel will be to 2.5 acres and the second parcel will be 5.75 acres. Each lot has sufficient road frontage. Mr. Frizzell questioned the driveway. Mr. Royce advised that for the present time there would be one driveway for the two lots but he talked with Keith Weed and they flagged a spot for a second driveway location. Copies of a memo from Keith Weed, dated October 5th, 2004, were distributed. The newly created lot will be
for Ms. Baldwin’s mother. Ms. Baldwin said her mother does not drive but she would like a place in the road for access to her mother’s house. Mr. Edkins advised that a Wetlands Permit would be needed for that culvert for the second driveway. Any disturbance in the wetlands requires permission from the Wetlands Bureau. Mr. Neill felt that before the Board considers this they should have an approved Wetlands Permit because the plan is showing the driveway.
Mr. Poisson moved to accept this application as complete subject to the Wetlands Permit for the proposed driveway and showing the proposed second driveway location on the plans. Mrs. Francis seconded the motion. With seven members in favor, the motion was approved.
ANDREW & LORI COOK – Preliminary Subdivision Consultation – Route 12A (Langdon Road – Map 42, Lot 19 – Zone E (Mixed Use): Andrew and Lori Cook presented their proposed preliminary plans to subdivide one lot of 5.31 acres out of the 100+ acre parcel. The odd shape is because the proposed property line follows existing stone walls. There is 210 feet of road frontage. Mr. Edkins advised that there is an existing driveway and this is a State highway. Mr. Neill said the Cooks would want to talk to the State about the driveway. Eventually they might sell off two additional parcels but might stop at this one parcel. Mr. Edkins noted that because the proposed new lot in this subdivision is in excess of five acres it does not require State Subdivision
Approval. They have now submitted an application for the proposed subdivision so it will be an agenda item for the October 19th meeting.
CHARLESTOWN FAMILY MEDICINE (SPRINGFIELD MEDICAL CARE SYSTEMS) – Sign Permit – 125 Main Street – Map 31, Lot 52 – Zone B (Business): Mr. Edkins advised that the sign will be in the same location, it is the same square footage as the present sign and illuminated by a ground-mounted spotlight on a timer the same as the present one.
Mrs. Francis moved to approve the Sign Permit for Charlestown Family Medicine/ Springfield Medical Care Systems as presented. Ms. Fellows seconded the motion. With seven members in favor, the motion was approved.
STUDENT CONSERVATION ASSOCIATION: Mr. Edkins received a Voluntary Merger request from the Student Conservation Association in North Charlestown for three lots. The former owners subdivided the property twice, the Planning Board approved the subdivisions so they are shown on the Town tax maps but the subdivisions were never recorded at the Registry of Deeds. The SCA would like to have the land recognized as one single parcel.
Mrs. Francis moved approval of this Voluntary Merger for the Student Conservation Association. Ms. Fellows seconded the motion. With seven members in favor, the motion was approved.
PLANNING, POLICY & REGULATORY ISSUES:
Morningside Flight Park: Mr. Edkins provided a brief status report on the Morningside Flight Park matter.
Barry Westine: Ms. Fellows reported that Mr. Westine had six unregistered vehicles on his property yesterday and as of 6:40 pm today. She questioned the building addition – will somebody be living in it? Mr. Poisson was advised that the addition is going to be a recreation room. Mr. Edkins will have Bob Rivard look at both issues.
Vehicles: Mr. Lutz asked if there is an ordinance regarding vehicles being allowed to “sit and rust” in back of trees, in shrubs, etc. There is one such area off South Main Street. Mrs. Francis noted the property with a yellow house near the Claremont Savings Bank on Main Street quite often has vehicles for sale. Mr. Edkins will ask Mr. Rivard to check on both locations.
ADMINISTRATION & CORRESPONDENCE:
Mr. Edkins advised that the following correspondence was received:
· The Federal Emergency Management Agency sent two copies of a new preliminary Flood Insurance Study report and Flood Insurance Rate Map for Sullivan County. Mr. Edkins will review the maps next week. Mrs. Francis asked him to put this on the Planning Board agenda after his review.
· The Upper Valley Lake Sunapee Regional Planning Commission sent a notice of their upcoming events: 1) “Striking the Balance Between Preservation of Rural Character and Growth – What is the Public Interest?” to be held on October 20th, 2004, at 7:00 pm in Trumbull Hall, Etna; 2) The “Transportation Advisory Committee will identify issues in the State’s Long Range Transportation Plan” on Monday, November 1st, 2004, at 7:00 pm in the Sugar River Valley Regional Technical School, Newport; and 3) they will host Benjamin Frost, Senior Planner from the NH Office of Energy and Planning, for a discussion of
the “State Development Plan” on Monday, November 8th, 2004, at 7:00 pm in the Upper Valley Senior Center, 10 Campbell Street, Lebanon.
· The 4th Annual New Hampshire Downtown Conference will be held on Tuesday, October 26, 2004, in the Church Landing at Mill Falls, Meredith, NH.
· The “Watermark” newsletter of the National Flood Insurance Program 2004, Number 2, was received.
· The “Vital Communities” Fall 2004 Newsletter was received.
· “The Source” newsletter of the NHDES Drinking Water Source Protection Program, Fall 2004, was received.
· A copy of the Notice of Decision from the Zoning Board of Adjustment to Anne S. Ricker is in the file. The ZBA granted a Variance for placement of a residential garage less than 15 feet from the property line at 16 Cheshire Avenue subject to receipt of a written statement from the Fire Chief stating that the location of the garage will not hinder the Fire Department’s ability to provide fire protection to the premises.
· The Local Government Center sent copies of their 2004 Municipal Law Lecture Series publications. They include: 1) Lecture #1 - The Basics of Subdivision and Site Plan Review – The Municipal Perspective and the Developer’s Perspective; 2) Lecture #2 – Land Use Law Update; and 3) Lecture #3 – New Challenges for Municipal Regulation of the Environment.
· A copy of the letter from the Selectboard to Normand R. Beaudry regarding the Whelen Industries matter is in the file. The test results of material collected from the site by an employee of Eastern Analytical, Inc. indicate no VOC or PAH analytes exceeding detectable levels. Several RCRA metal analytes were detected in the sample but are well below regulatory standards. In view of the test results, the Selectboard rescinded their previous directives that the material be removed. It still is a potential State violation but it is possible they will grant a waiver in this case. The State and the Town will no longer allow this material to be
used at this site.
Personnel: Mr. Edkins advised the Board that he would be out of the office for several weeks beginning on October 8th due to a medical condition.
There being no other business, Mr. Sussman moved for adjournment. Ms. Fellows seconded the motion and, with seven members in favor, the meeting adjourned at 9:10 P.M.
Respectfully submitted,
Regina Borden, Recording Secretary Minutes Filed: 10-8-04
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the October 19, 2004, meeting.)
| 
