PLANNING BOARD MINUTES
October 19, 2011
Call to Order: 6:36 P.M.
Item One:
ROLL CALL: Present was Chairman; Tim Moore, Selectman Ex- Officio; Robert Gray, Charlie Lanza and Joyce Ingerson. Excused was Vice Chairman; Steve Ranlett.
Also present was Town Planner; Leigh Komornick and Chief Building Official; Mike Dorman.
Item Two:
Minutes of September 22, 2011
R. Gray motioned to approve the minutes of September 22, 2011, second by C. Lanza.
There was no discussion on the motion and the vote was 4-0-0 U/A.
Item Three:
Review/Discussion of a Proposed Minor Site Plan for “Cruise Nights” for Summer of 2012 at 127 Plaistow Road (Hope’s Dinner).
Present for the discussion was Joseph Roy. He stated that he had dropped off an application earlier in the week that included a site plan. He added that there is not a letter of permission from the owner yet. J. Roy explained that he wants to hold a “Cruise Night” which would take place on Sunday from 9am until 5 or 7pm. They would display antique cars, hot rods and antique motorcycles and possibly have some venders to sell things like t-shirts. He is here to ask the Board if he can hold these “Cruise Nights” and what the requirements are.
T. Moore stated that he sees no problem with it being permitted from a zoning point of view as others in the area have held cruise nights before.
R. Gray said that other cruise nights have been on a paved area and there is not a paved area at this site. He added that he does not think the amount of time the cars will be parked on the site is an issue but if someone was to leave cars there over night he would have an issue with it.
J. Roy replied that no cars will be left there at all. He wants to keep the field mowed and looking nice.
J. Ingerson asked what they would be swapping as the plan states “swap meets”.
J. Roy answered that people may bring parts; motorcycle parts, and sell parts.
T. Moore stated that if there were food venders at the events he would need to check in with the Food Officer.
J. Roy said there would be no food venders. He added that he spoke with the Board of Health about having picnic tables and the only concern was the leach field with the dinner not being big enough. He said he would add port-a-potties on the site during the events, and was told that it would be fine.
C. Lanza asked where the leach field was on the property and J. Roy showed him on the site map.
L. Komornick added that there was a band proposed. She said that they should discuss sending out letters to the abutters of the property so they will be aware of the events.
R. Gray asked if they were commercial properties there.
L. Komornick answered only one, B.
It was agreed by the Board that they will notify the abutters and schedule a hearing for the application.
J. Roy explained that to keep the noise from the motorcycles down he will park them further away from the houses.
L. Komornick added that the lot is commercial and that this is a permitted use, but that it would be courteous to notify the abutters.
There was some discussion by the Board as to whether they need a motion or if they should wait for the hearing. The consensus of the Board it is a valid use and they will have a formal public hearing after the abutters are notified. In the meantime J. Roy will work on getting a letter from the property owner and get the letters sent out to the abutters.
T. Moore asked J. Roy to add where the picnic tables and the port-a-potties will be located on the site plan.
Item Nine:
Minor Site Plan for 119 Newton Road for a Temporary Office Trailer.
Present for the application is Ron LaPlume, owner, Rocci DeLucia, lessee and Jeff DeLucia, lessee.
L. Kompornick explained that they are in a lease agreement with an option to buy. She said they want to locate an office trailer there to operate out of because the existing office is too small. It is temporary until they renovate one of the buildings on the site to become the permanent office. She recommended that the Board give them a year and then they can come back for an extension or to explain where they are at. L. Komornick showed a site map to the Board. She added that it is commercial with no residential abutters.
T. Moore explained that the motion would be to approve a Minor Site Plan for 119 Newton Road with an expiration date of one year from today.
R. Gray motioned to grant, second by J. Ingerson.
C. Lanza asked if they were going to tie into the existing septic system and the well.
R. DeLucia replied that it is close to the shop; they will have temporary service for the electric and will have a bathroom facility that will be piped over taking the place of the office bathroom there now.
There was no further discussion on the motion and the vote was 4-0-0 U/A.
Item Four:
Review of Proposed Retaining Wall at George Pynn’s Site at 29 Newton Road.
L. Komornick explained that G. Pynn wants to modify what is out there by putting in a retaining wall that will allow him to have a flat area that is currently angled for dry storage. She showed the Board the Site Map and what he wants to do on it. She added that he may need to deal with a wetland set back issue.
M. Dorman stated that the drainage is already in and working and this will not affect the drainage at all. He added that he has been out to the site to see it.
C. Lanza asked how high the wall will be.
M. Dorman replied that he will use 2x2x4 blocks so the wall should be about 6 to 8 feet tall.
L. Komornick added that it is to make an area that is already disturbed usable. She explained that they wanted to bring it before the Board to check.
M. Dorman stated that they may need to bring it before the Conservation Committee. He added that G. Pynn had started putting the wall up and he shut it down to bring it before the Board.
C. Lanza asked about erosion control.
M. Dorman answered that it was done before he shut the project down.
R. Gray would like to know what his plan for snow storage is.
M. Dorman replied that he cannot answer that, but that there is room to push it over to the left.
There is more discussion on the snow removal issue.
R. Gray said that it is his opinion that he needs to do a new plan.
M. Dorman said this is the beginning of a new plan that engineer Kevin Hatch is working on. He can have him finish it up if that is what the Board wants.
R. Gray stated he wants addressed where the snow removal will be and where the dry storage will be on the plan.
M. Dorman added that he is not planning to pave the area, so it can only be trailers and dry storage.
T. Moore asked if he will remove the snow in the storage area.
M. Dorman replied that he is not sure.
There is more discussion on the snow removal.
C. Lanza asked if he wants to construct the wall before this winter and M. Dorman answered yes.
T. Moore stated that the Conservation committee might say it is a new structure and that it may need a variance if it is in the wetland buffer.
There was discussion over whether a retaining wall is considered a structure.
It is the consensus of the Board that the issue will be brought up at tomorrow night’s (10/20/11) meeting and that the engineer will finish the plan with the snow storage and dry storage information on the plan.
T. Moore added that they should let the applicant know of the Conservation Committee meeting so he can be present to answer any questions.
Item Five:
Letter Regarding Use of Building at 79A Plaistow Road (Windows Within).
T. Moore reads a letter to the Board from Mary Kay Sales Director Tina Roux, 8 Lemy Joma Trail, Sandown NH, regarding her intent to rent 79A Plaistow Road for sales meeting and trainings on Tuesday evenings and occasional alternate evenings for events.
M. Dorman stated that Windows within is still there but that he has no retail; it is just an office.
T. Moore asked if there would be a conflict with parking during these Mary Kay events with the other businesses there.
M. Dorman replied that Windows within has no retail and the dry cleaners would be closed.
J. Ingerson motioned to approve, second by C. Lanza.
There was no discussion on the motion and the vote was 4-0-0 U/A.
Item Six:
Discussion of Bond Estimate Spreadsheet Changes and Associated Approval of Bond for Arthur Wicks’ 3-Lot Subdivision.
L. Komornick explained that the applicant had his contractor fill out the Towns most current Bond Estimates Spreadsheet dated April 2009. When they came back with it they had some issues with the quantities that were adjusted by CLD. She added that it brought the total up to $139,000. Kevin Hatch, representing Arthur Wicks, came in to speak with L. Komornick with A. Wicks and gave her some information on the most current weighted average unit prices from the Department of Transportation for references. They noted that some of the Town’s prices are high. L. Komornick explained that she provided the documentation to CLD and asked for their comment. They replied that they agreed with most of the figures with the exception of pavement and asphalt which were not high enough. She said that Steve
from CLD revised the Bond Estimate Spreadsheet and it comes out to $100,000.
C. Lanza asked what CLD said the unit price should be for pavement. He added that $75 is what they use now; it is a little high but is definitely reasonable.
L. Komornick said she thought it was $70. She said that K. Hatch had re-run some numbers and had paving at $63.
There was more discussion on the issue.
L. Komornick said it is hard because the Town holds the Performance Bond for two years after the top coat goes down; $10,000 dollars. She added that they need that money to make sure the road holds out. What they asked was if there was a more reasonable figure for the Town to hold or that they hold it for only one year. She stated that the road is being built to Town standard; because everything is being inspected the chances of them not putting something in right goes down. She added that CLD said they would be willing to work on something like that if that is A. Wicks issue. L. Komornick said the other issue is that K. Hatch thought the $42,000 that has now been reduced to 10,500 under lighting /underground conduit should not be charged at all. She added that they found it in their regulations.
There was some discussion about the issue.
L. Komornick said that there is a compromise CLD has made that if the Board approves the Bond for $100,000 the Board can work with them further to revise the amount of the Performance Bond.
R. Gray motioned to approve the bond amount for the 3-Lot Subdivision off of Witch Lane for $10,000.
C. Lanza asked what they would do with the $10,000.
L. Komornick replied they would loam and seed it if the contractor abandons the project or fix the road if it is completed and fails. The Board discussed this further. It was stated that the Town should look at the bond amount for subdivisions at Public Hearing.
C. Lanza second the motion.
There was no further discussion on the motion and the vote was 4-0-0 U/A.
Item Seven:
Letter from Kevin Hatch Regarding Notification of Application for Shoreland Protection Permit from NHDES for recently approved 3-Lot Subdivision off of Witch Lane.
L. Komornick noted that this was just an FYI for the Board. She added that it was a notice required to be sent out. He applied to the state for a septic plan and in conjunction with the approval for the septic plan he is applying for Comprehensive Shoreland so that any work that will occur within 150 feet of the reference line will have to get permitted. He is proposing some of the lawn and well so he needs to go through this process and get them approved together. She added that what will come out of this is that DES will require the 150 foot reference line be clearly marked out prior to construction.
Item Eight:
Letter of Intent for Use of Office Space at 18 Danville Road.
T. Moore read a letter from Christian Farnum to the Board regarding the use of office space at 18 Danville Road for a two chair salon. The letter states that the septic and parking is adequate.
M. Dorman stated that this was an FYI for the Board.
Item Ten:
Discussion on Proposed Tire Sales Business at 247 Main Street (Kidder Property) and Need to Schedule Site Walk of 243 Main Street – Proposed Location of Pentucket Companies.
L. Komornick stated that there are two properties that are both owned by Kidder. She said the issue with the tire guy is that he wants to operate out of the garage that is on 247 Main St.; it would be a retail use so he would need a variance.
M. Dorman noted that Kidder has retailed out of there as well as being a wrecking site, windows and doors, for the last fifty years.
C. Lanza asked if it was the same site.
M. Dorman replied it is the same site and the existing building.
L. Komornick said that changes it, it become expansion of a non-conforming use.
M. Dorman replied that they are not expanding.
R. Gray asked if the existing site plan references that he is doing those activities out of there.
L. Komornick answered no.
R. Gray said he should go to the ZBA to get a variance regardless of what he is doing now.
M. Dorman said that a judge would say if the applicant has been retailing out of there for fifty years why can’t he continue.
There was further discussion on the issue.
C. Lanza asked if it changes with a new person.
M. Dorman replied that he does not know.
R. Gray stated that he wants site plans to reflect what is happening on the sites and if they are retailing at the site he wants it on record.
L. Komornick noted that the applicant has already received this letter from the Town and are willing to do what they need to do to move forward with their application.
M. Dorman stated that the Board can send him to the ZBA if they choose but he saw this in the RSA tonight and he wanted to bring it to their attention. He added that if the applicant chose to fight it he would win, but he is willing to go to the ZBA. M. Dorman read from RSA 674:19, Applicability of Zoning Ordinance. He said that most people in Town know that Kidder retailed from that site regardless of what the site plan says.
T. Moore asked if the site was non-conforming.
L. Komornick answered that it was residential. She noted that Pentucket Companies just got a variance to be commercial at 243 Main Street and to have a mixed use. She said chances are he will get the variance, but should it happen like this or are you opening it up for other uses.
There is more discussion regarding whether it is an expansion of a non-conforming use (special exception) or if it requires a variance.
M. Dorman reads from RSA – Expansion of a Non-Conforming Use to the Board. The Board discussed whether selling tires is a natural expansion for a wrecking company and continued to discuss if they will need a variance or a special exception.
The Board discussed going on a site walk.
M. Dorman suggested that the Board review the RSA’s and the text after it before making their decision.
C. Lanza asked if they needed to make a decision today.
L. Komornick answered no, but added that they are holding the applicant up from moving forward if they don’t.
T. Moore asked if Kidder would be maintaining his own equipment there.
M. Dorman replied that Kidder has the other side of the garage, so he is still there. He added that his biggest concern was tire storage. He said he took Chief McArdle up there yesterday and he was comfortable with the way they have it now. They shut them down though, telling them that they can keep the inventory there but that they need to stop retailing until this issue is settled with the PB and ZBA.
R. Gray noted that he thinks it is a substantial change with customers coming in and out of there compared to what they did in the past.
C. Lanza asked if he had had tenants in the past.
M. Dorman answered he did not think so. He added that he had a relative there once doing the selling of the used equipment, but not a tenant.
C. Lanza said he is leaning towards an approved grandfathered use.
R. Gray said that since none of them know for sure how to handle the issue that it might be best to seek counsel from their attorney.
The Board agreed that they did not feel comfortable making this decision without more research on the issue. They also agreed that there are three options: to do nothing, to send to ZBA for a variance or to send to the ZBA for a special exception.
It was the consensus of the Board that the applicant should get both applications ready for the ZBA. The Board will research and look at the RSA’s and make a decision at the November 2nd meeting as which way they will handle the issue. In the meantime L. Komornick will call LGC for advice. The Board will not do a site walk for this site.
The Board Discussed Scheduling the Site Walk for Site 243 Main St.
L. Komornick explained that Pentucket Companies received a variance to have a contractors yard and keep the apartment, a mixed use, but that there is a lot of question about the buffers there and the way it has been developed. She said they need to do a site walk and discuss it. She added that they are proposing to store most of their dry storage containers in certain areas that might be in the buffer. She said they could take the proposed layout, that would be conceptual only, to be reviewed. She said how much of the area they can used will help them to determine if they should buy the property.
C. Lanza asked what is out there now.
L. Komornick replied an apartment building and a building they want to demolish and replace with a new one. She added that they want the Board to come out for the site walk.
R. Gray asked what they want to do there.
L. Komornick answered that they want to have a Pentucket Companies Contractor’s Yard and build a new building, have all their storage equipment and store all their containers.
R. Gray asked if it was residential.
L. Komornick replied that they received a variance, but now it is about how they can use the site with all the buffers. She added that it is tricky because some of it looks like it has been disturbed.
M. Dorman noted that the wetlands have been flagged.
The Board decided that the site walk will take place on November 2, 2011 at 4:30pm. The Board will meet at the site.
Item Eleven:
Review of “Plan NH” Charrette for Friday, October 21st and Saturday, October 22nd.
L. Komornick stated that this was a reminder to everyone:
- Friday, October 21st from 12:30 -2:00pm is for key stake holders
- Public listening session Friday from 3:30 – 5:00pm
- Catered dinner by Casey’s Friday at 6:00pm
- Public listening session Friday from 6:40 – 8:00pm
- Saturday, October 22nd; 9:30am Workshop “Sustainable Communities”
- Final read out session Saturday at 3:00pm
T. Moore stated that all are welcome to attend.
Item Twelve:
Master Plan Update
R. Gray stated that the Board planned to have the Master Plan sections they wanted completed done by now so they could start talking about zoning amendments. He added that he’s not sure what needs to happen to get those sections completed but they need to be done. He said they also need to have a discussion regarding what will happen next year. The BOS will be asking him next year what happened to the chapters that were to have been completed this year. He suggested to the Board that they budget some money to aid in getting the MP completed. He noted to the Board that it is the PB that is responsible in making sure the MP gets updated and that this is the time of year when they need to inform the Selectmen and the Budget Committee that money will be needed to accomplish those tasks if the Board feels
they cannot accomplish it themselves.
T. Moore suggested that at the November 2nd meeting after the site walk the Board do a final review of the sections that are ready to have a final text. Then they can hold a Public Hearing on November 16th to adopt those changes.
R. Gray asked if that could be done.
L. Komornick answered yes.
R. Gray asked what they think about next year.
L. Komornick replied that they just presented the budget and they only have $500. She added that it makes more sense to have some money in there that they can use to have RPC update the transportation chapter tables for example. She added that it is not the writing that is time consuming but it is updating the data and tables.
R. Gray noted that if they are going to have an outside entity do the work there is a threshold that needs to be met, $5,000, and they will need to get bids.
L. Komornick replied that they also have block grants but she is not sure they want to go that route.
T. Moore stated that the problem with the block grants is that you need to have the money budgeted when you apply for them. He added that in 2012 they can apply for a $2,500 maximum block grant and it could not be started until July of 2012 because that is RPC’s next fiscal year. He stated that the Board needs to figure out what they can or cannot do min regards to updating the MP.
There is more discussion on the issue of what they can complete and how it will be completed including the following:
- Energy Chapter
- Transportation Chapter, with possible help from RPC, for 2012
- Housing Chapter, T. Moore is working on
- Natural Resources Chapter
- Water Resources Chapter
- Recreation Chapter will be done for year 2012
- Land Use will be done for 2012
L. Komorick said the most important chapter for them to update is Future Land Use.
T. Moore added that they would combine Land Use, Open Space and Future Land Use.
The Board again discussed budgeting money to finish updating the MP if they need to contract out some of it to be completed. They discussed the possibility of hiring a summer intern to help with the work.
R. Gray read RSA 673:16 and the Board discussed the RSA further in terms of hiring extra help for updating the MP. The Board agreed that they still need to go through the BOS for funding. It is decided that T. Moore will go to the BOS’s meeting on Monday, October 31st and ask for money to be budgeted for updating the MP.
Item Thirteen:
Other Business/Updates: Misc. Notices, letters, and other Correspondence from Dept. of Building Safety, Planning Department and ZBA
Zoning Amendments
T. Moore stated that they need to work on zoning. He stated that they will have the Public Hearing for the MP on November 16th and they will also review a list of what changes need to be made in zoning; sub-division and site plan. On the December 7th meeting the Board will hold the Public Hearing for the zoning changes.
The Board discussed talking to RPC about amending the last day to hold the Final Public Hearing.
RSA Books
L. Komornick will order six RSA Books for the Board members.
LGC Annual Conference
The Conference takes place on November 16th and 17th, 2011. Board members that wish to attend need to let L. Komornick know which dates and what sessions.
Item Fourteen:
Adjournment
There was no other business before the Planning Board; the meeting was adjourned at 8:54 P.M.
Respectfully submitted as recorded by Laurie Pagnottaro.
Approved by the Planning Board on ______________________________________
_______________________________________
Timothy E. Moore, Chairman
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