Planning Board Meeting Minutes March 26, 2019 1
Planning Board
Meeting Minutes
March 26, 2019
Community Hall Annex
6:30 P.M.
Present: Norm Anderson, Dick Williams, Tim Nahrwold, Shawn Moore
Others: David George, Planner and Community Development Coordinator
Absent: Marilyn Sidoti
Mr. Anderson opened the meeting at 6:00 p.m.
Mr. Moore made a motion to accept minutes from March 12, 2019 with amendments to page 2, changing Brice Estates to Brice Lemon, adding to the Glenwood Place ANR that the lots are larger or equal to the original size, adding the comment to the Spruce Hill hearing that Mr. Williams expressed concerns with the steepness behind the units and comment 12, the cascade catch basin is on the hill only. Mr. Williams 2nd with corrections. Vote unanimous.
The Board discussed minutes from the joint meeting with the Board of Selectmen on March 18, 2019. They discussed page 5 2nd paragraph and asked if it was necessary to add that Mr. Moore asked if the managed growth by law would be written by the by law subcommittee. The Board agreed to clarify and add “ad hoc” for clarification. The by law subcommittee will not be writing the by law, they will be reviewing it for language and testing the logic that it should have. The intent is that the Growth Management Committee will provide the numbers to include in the by law.
Tim Nahrwold arrived at the meeting at 6:40 p.m.
Mr. Moore moved to approve minutes from March 18, 2019 as discussed. Mr. Williams 2nd. Vote unanimous.
There was discussion about a development of tiny houses/cottages that could be rented.
Invoices were reviewed. A check was received for $10,000 for the Brice account.
There was discussion about improvements to Town roads through subdivisions and if this can be conditioned. Mr. George will review. Trees and walls need to be preserved on scenic roads.
Campbell Street Solar Withdrawal Planning Board Meeting Minutes March 26, 2019 2
Payment hasn’t been received, Mr. George has followed up with the applicant. The Board did not act on the withdrawal, the vote of the withdrawal is be pending the receipt of payment.
The Ad Hoc By Law Committee met and they have finished the By Law Committee By Law. The by law is for general by laws. The only zoning reference is if the By Law Committee requests assistance from the By Law Subcommittee, they would assist. The Committee will be a permanent committee. It will be appointed with a five-year term on a rotating basis. There was discussion about the committee by law being recertified/ratified by town meeting after a set number of years. The term length was discussed and the possibility of reducing the term length.
Special Permit, Spruce Hill, 34 Unit Senior Housing Development
Mr. Williams asked Mr. Soucy if there was space for a community garden. There is not a formal space on the plan. There was discussion about the condominium rules.
Notes on the front page of the plan or on the index sheet would indicate details discussed during the hearing. This was added in place of requesting a waiver.
Mr. Anderson said the Board is concerned and wants to ensure there is adequate language for maintenance of the road ways, catch basins, etc. in the condominium agreement.
Mr. Soucy confirmed there will be a condo fee of approximately $300 per month. This will cover all maintenance on the exterior of the buildings including catch basins, plowing, detention ponds and all other exterior maintenance. They will have a $50,000 - $60,000 budget annually for repairs and the rest will go in a reserve fund for larger items.
Mr. Anderson would like the Board to see the document. Mr. Soucy will send a draft to the Board, but the budget is not finalized. The documents will not be finalized until the units are built. The Planning Board will keep the draft document in the files for reference.
Some units will have double garages, but this will not increase the footprint of the units.
The Board reviewed the index sheet.
There is not a requirement for fences around the storm water basins.
The plans being reviewed are the final set of plans with all amendments, all sheets to the plans have been dated. The Planning Board will not require as built plans, they will be required by the Building Department.
There was discussion about a walking path from the site to the library. Planning Board Meeting Minutes March 26, 2019 3
Mr. Williams moved to close the public hearing. Mr. Moore 2nd. Vote 5-0, unanimous.
The project does not need to go before the Conservation Commission.
Mr. George hopes to have the decision written for the April 9th meeting. The applicant will get the condominium agreement to the Board.
DPW is reviewing the sewer plans, the line may go across the street to the gravity line instead of into the forced main. This is still being reviewed and has not been finalized.
Mr. Williams has asked for documentation from the Sewer Commissions outlining where the sewer line is located and had additional questions regarding the line on the private road.
Mr. George said there will be three bylaw changes being requested for Town Meeting. One from the Planner, one from the Assessor and a third from the Growth Management Committee.
Mr. George reviewed the technical changes he will be requesting: 1. To remove the Industrial District out of the zoning book, it does not show up on the map. 2. To remove the Multi- Family Zoning District out of the book, it does not show up on the map. Mr. Anderson questioned if this language was added for Country Side Estates. Country Side estates was approved as a town vote, zoning did not begin until 1962 and County Side Estates predated the zoning use. 3. To strike zoning ordinance to zoning by law.
Mr. George discussed the request by the Assessor’s Office which has to do with a parcel on Pommogussett Road that was deemed commercial in 1952. This has previously been reviewed. The Assessors would like to update the zoning map and bring the parcel into Commercial Zoning. Mr. George asked the Assessors to provide precise language for the article and for the motion. The Planning Board never came to deliberations on the same topic several years ago. The land owner originally approached the Planning Board in attempt to change the zoning because someone was trying to purchase the property with zoning for business. The Planning Board could not find evidence of the parcel being zoned residential or for business. A larger parcel around the property is already zoned as business so it would not be considered spot zoning. Mr. Nahrwold was
concerned with only granting one lot and not all three small lots that are surrounded by the larger land that is zoned for business. Mr. Anderson felt that it was fine to change only one of the parcels. The Assessors' Office is stating that it is zoned business, but this is not reflected on the zoning map.
Mr. Moore moved to support the Assessor’s Office and change the mapping.
Mr. George expressed concerns about the process and if it is a modification to the zoning map a hearing would be required. Mr. Williams stated that this could be an error on the map and that in 1964 it was a business piece of property. Planning Board Meeting Minutes March 26, 2019 4
Mr. George stated that this is the official zoning map of 2010 and this is a zoning map change. Town Counsel will need to review the matter. The Board agreed that they are comfortable with the first requests outlined by Mr. George, but not the change to the map for the parcel on Pommogussett. The matter needs to be reviewed by counsel and will possibly be brought back for the Fall Special Town Meeting. Mr. George will ask for more facts from the Assessor’s Office prior to counsel’s review.
The last item is the Growth Management By Law. The Growth Management Committee will be meeting to discuss the by law. The By Law Subcommittee will address the by law at the next two Planning Board meetings and will have the hearing on April 23rd. There was discussion about the difference in opinion regarding the number of permits that will be issued annually under the by law. The Planning Board said 35-40 annually and the Growth Management Committee said 10-20. Low numbers can give the impression that you are trying to put builders out of business and it will slow down subdivision growth. There will be restrictions on
the number of permits issued per builder, not all permits can go to one party. If the permits are too restricted it could increase 40B plans. Under 40B any local requirements would not apply. The Planning Board agreed that a limit of 30 annual permits would be reasonable. The purpose of the by law is to manage growth over time while other strategies are formed and reviewed. If 30 permits are issued annually this would represent a 25% reduction from the current annual permit numbers.
Mr. Williams hopes that after the Town Meeting they can review changes to the regulations of subdivisions including markers on all 4 corners of the property. The road width and open space needs to be reviewed. Mr. Williams discussed the open space plan to include recreation fields and affordable housing within the subdivisions. He also asked if there should be any house in town be less than a ½ acre with water and sewer.
Administrative Secretary
The application deadline closed on Monday the 25th, there are 3 applications. They are all external candidates. All applicants will be interviewed.
Mr. Moore moved to adjourn. Mr. Williams 2nd. Vote unanimous.
The meeting adjourned at 8:32 p.m.
Respectfully Submitted,
Abby Benoit
Administrative Secretary
Planning Board
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