Planning Board

Minutes

August 13, 2009

Official as of October 8, 2009

Vice Chairman Robert Strobel calls the meeting to order at 7:05 p.m. 

PRESENT: Vice Chairman Bob Strobel, Roger LeClerc, Deborah Couch, Alternates Scott Campbell and Rick Wolf, Town Planner Elaine Planchet, and Board Administrator Linda Smith. Herb Johnson arrives at 7:35 p.m.

VOTING DESIGNATION: Bob Strobel, Roger LeClerc, Deborah Couch, Alternates Scott Campbell and Rick Wolf; Herb Johnson at 7:35 p.m.

ABSENT: Chairman Pete Jones, Selectmen Representative Bob Holden, Victoria Parmele, and Alternate Pat Bell.

The minutes are postponed to later on in the meeting.

OLD CASE:
CASE 09-08: Coe Brown Northwood Academy, 907 First NH Turnpike, Map 217; Lots 65 and 66; Dana and Cindy Davidson, 35 Bow Lake Road, Map 218; Lot 1. Applicants are seeking site plan approval to add an educational facility with proposed 1,500 +/- sq. ft.; to expand athletic fields; and to create access onto Bow Lake Road.  Application was accepted as complete on 7/23/09; 65-day 9/26/09.

Ms. Planchet explains that the board continued the case to tonight specifically to address the fees. The fees that were provided included the disturbed area fee and the major site plan application fee. Ms. Planchet states that as the board was discussing the case two weeks ago a discussion was held regarding engineering reviews and applicable escrow account set up and fees. She adds that Geoff Aleva, CBNA representative from Civil Consultants, had indicated that their understanding was that the engineering review costs would be covered by the fees already paid. She states that this is not the case as the check had been deposited in the town account and a waiver should have been provided for portions of the disturbed area fee if that was the intent. Ms. Planchet explains that the engineer provides an estimate for their services, a check is provided to the town from the applicant and an escrow account is established where funds are withdrawn as engineering reviews and services are completed. Further explanation is given that of the $6210 disturbed area fee, $590 is for application processing fees, abutter’s fees, and public notice fee. Ms. Couch asks if fees cover the planner’s hours. Ms. Planchet replies no.

Ms. Couch recalls that at the last meeting her understanding of the board’s intent was that the board was leaning toward giving funds back to CBNA. She states that the board needs to address the costs of staff time. Ms. Smith states that the town typically does not refund fees that have been paid. Ms. Smith states that the first step is for the applicant to request relief from the fees. At that point, the discussion would be how the planning board can address this.

Mr. Aleva is present and explains that he thought that this meeting was a continuation of the public hearing so the entire case could be discussed as a  whole case. He adds that he was not aware that a waiver is required; however, will provide if necessary to follow the process. He states that they are looking to use some of the funds provided to cover review time for the engineer.

Mr. Aleva states that CBNA has decided to complete a full traffic study. Counts were completed yesterday before and after noon and another study will be done once school begins.

Ms. Smith explains the town’s accounting procedure regarding fees. She states that should a written waiver request be provided and approved for any portion of the submitted fees, to be applied to the engineering services any amount of money to be paid out to Underwood Engineering would need to come out of the board’s 2009 appropriated budget, meaning that the planning board’s funds would be used for Underwood Engineering’s services for the town as there would be no other funds to pay for their services. Ms. Smith states that lines must be appropriated for specific uses and the budget is reduced by that amount. She adds that to her knowledge there are no funds available from any other department to cover this cost. These funds will not be directly offset by revenue.

Ms. Smith distributes an expense report for the planning board. Discussion ensues regarding the escrow process and municipal accounting processes. Ms. Couch states that it appears that the board does not have any funds to be able to refund and Ms. Smith states that she agrees there are no funds for this purpose. Mr. Strobel states that funds are received by the application fees. Ms. Smith adds that the board can try to find the funds within their budget; however, it will be very difficult. She notes that the expense report provided does not show the second portion of the invoice to Strafford Regional Planning Commission to cover dues, which has been paid. She adds that the board cannot decide against paying for public notices, salaries, etc. Further discussion is held regarding the approval of a line item through town meeting which involves the selectmen as well as the budget committee. Ms. Smith states that the board can ask the selectmen for the funds from a line in another department. She states that if the board chooses to spend over $500. for an item that was not requested as a part of the approved budget, the selectmen will need to approve the expenditure.

Ms. Couch motions for the planner to provide the board and applicant with an estimate of time and expenses deemed necessary for staff relative to this case, prior to the next meeting. Mr. Wolf seconds and the motion passes unanimously; 5/0.

Herb Johnson arrives at 7:35 p.m.

Discussion ensues regarding the traffic study. Mr. Aleva states that another traffic count will be conducted after September 2.

Mr. Aleva refers to the report received today from Underwood Engineering. He refers to the lighting plan waiver request and asks if there is a need for a waiver. Mr. Strobel states that this is necessary to determine if there is a need for lighting with safety in mind. Additional discussion is held regarding lighting on the fields and additional parking for evening events. Mr. Aleva states that the fields will not be lit. Mr. Strobel requests to amend this item on the engineering review proposal to a lighting plan waiver request to vehicular traffic zones.

Mr. Aleva explains the patterns for the traffic counts which were held at 7-9 am and 2-3:30 p.m. 

Referring to Underwood’s engineering services proposal, Mr. Aleva states that Task 2A would be removed as a traffic analysis is now being done due to the concerns addressed at a previous meeting. He states that he does not believe that there is a traffic engineer on staff with Underwood Engineering. Ms. Planchet states that Underwood will subcontract out for this service. Mr. Aleva asks if NHDOT could conduct the traffic analysis since they have a vested interest in Rte.4. Ms. Planchet replies no as Underwood is the town’s engineering service and they will conduct a full review. Ms. Planchet states that some of the items will not be removed from the review and that what ever is completed by the applicant, the town’s engineer should also review. She asks what will be included within the traffic analysis and Mr. Aleva replies that they plan to include an evaluation of all turning movements and will also include recommendations for safety at all intersections; the proposed driveway, Bow Lake Rd. and Rte. 4, and the main existing entrance to CBNA. He adds that they will address if there is a need for turning lanes and if there is a need for any kind of traffic calming devices; restriping, etc. Mr. Aleva requested a peer review with a traffic engineer. Mr. Aleva states that they will need to adjust the plan to indicate that the proposed new entrance will now be a school zone and there will need to be lighting added. He adds that the name of their traffic study engineer is Tom Goral from Goral/Palmer. Mr. Aleva states that this is all part of the traffic counts and he notes that previous studies are also referenced. Mr. Aleva will provide the traffic count proposal. Ms. Planchet states that Underwood will review and provide an estimate for full review.
Mr. Strobel makes a motion to proceed with task one as amended relative to the item pertaining to lighting and vehicular paths. Mr. Johnson seconds. Motion passes unanimously; 6/0.

Discussion ensues regarding the location of the wetlands. Mr. Aleva explains that wetlands were delineated on the ground. He explains the aerial photography process completed last summer. Mr. Aleva states that based on the study, the distances are accurate as required. Mr. Aleva notes that drainage has been addressed in the alteration of terrain application, which has been submitted to NHDES. 

Ms. Planchet states that Mr. Bell has suggested that the Davidson lot be surveyed. Mr. Aleva states that this process has begun and is almost completed. 

Mr. Strobel states that discussion of Tasks 2A & 2B would be put on hold and they would ask for estimates from Underwood after they review applicant’s description of what the traffic study will include.

Ms. Couch requests that all written waiver requests be addressed at the next meeting and the escrow account be in place for the review of the traffic study.

Mr. Strobel asks for public comments. Hearing none, he continues the case to August 27, 2009.

OTHER BUSINESS
John Ovadek, 1060 First NH Turnpike. Map 217; Lot 45.

Ms. Planchet states that Mr. Ovadek met with the board in a preliminary conceptual consultation at the May 28 meeting as which time Mr. Ovadek described the location and his proposal.

Ms. Planchet explains that she has reviewed the property file and there is an approved site plan on file; however, it is for used car sales. Since that time there has been another business on site, Envirofab, which the planning board determined at that time that a revised or updated site plan was not necessary and the use was permitted.

A letter of intent for the property is included in the board’s packets and is reviewed. Ms. Planchet explains that Mr. Ovadek would like to know what he can do on this site without a site plan review.

Discussion ensues regarding the process of planning board preliminary consultations and whether a site may be approved for a business without a site plan. Ms. Planchet explains that in the past, at a preliminary consultation the board and applicant discussed the proposal and the board would determine if a site plan application is necessary or not. If not, the minutes and a letter of the proposal are placed into the property file as a record.

Further review of the property file is held and discussion ensues relative to the site history and the process. Ms. Couch asks why the board is even discussing this matter as the applicant either meets the requirement or doesn’t and if not, needs a site plan. She notes that she recalls discussion at that meeting regarding the third tier option, which has not been completed. Ms. Couch adds that the board should review this as it is a change of use and that is what the voters want the planning board to do, review new businesses and this is what the regulations state. She states that this will be a change, this is now proposed to be retail with 5 businesses and the area will be changing. It is a great location and will be an asset for the town.

Ms. Smith states that the board can not waive site plan regulations as there is currently no mechanism to determine what is and is not exempt. Ms. Smith refers to the town’s ordinance regarding the abandonment of use. She states that a change of use is not exempt. She states that the board does not desire to close businesses; however, the board must have a policy; site plans exemptions can not be based on a case by case issue. She explains that the proposal for a third tier option was presented to the board for staff to address and the board has not voted on whether to take action.

Ms. Couch makes a motion that John Ovadek needs to come in and apply for a minor site plan review as this is a change of use and the regulations do not allow for a change of use. Mr. Strobel seconds. VOTE: 2/3/1. Mr. Strobel and Ms. Couch in favor; Roger LeClerc, Herb Johnson, and Alternate Rick Wolf opposed; Scott Campbell abstains. Motion does not prevail.

Ms. Smith explains that the board could propose to add language and hold a public hearing regarding a third tier. Ms. Couch feels that the board may now have a difference of opinions and the board needs to act on this. Staff is directed to come up with a “third tier” proposal for the next work session and to inform Mr. Ovadek that he would need a minor site plan application and staff will provide assistance for waiver requests.

Harvey Lake Cottages
Misty Leah, LLC - The Cottages at Harvey Lake, Eleazer (Lee) Carver, 977 First NH Turnpike. Map 217; Lot 9.
Ms. Planchet explains that the existing building was approved as a fruit and vegetable stand and the owners would like to change the use to be approved to provide music lessons. She states that this is a change of use with a less intensive use.

Board members feel that this is the same issue and request that the planner guide the applicant through the process for all necessary waiver requests.

Third Tier Site Plan
A discussion is held regarding the development of the third tier site plan application. The board requests that the planner expedite the process of developing a third tier site plan application, and contact town counsel as necessary to provide a recommendation for the next meeting. 

Mr. Strobel makes a motion, second by Mr. Johnson, for the board to authorize the town planner, at her discretion, to contact town counsel for the development of a third tier site plan application review. Motion passes unanimously; 6/0.

NEW CASE:
CASE 09-09: Robert and Joann Bailey, 246 Catamount Rd. Map 205; Lots 36 and 37. Applicants are seeking a one lot subdivision of 5.16 acres with 298.39’ frontage on Preve Dr.; also a boundary line adjustment of 0.58 acres from lot 36 and add to lot 37; lot 37 to become 1.39 acres with 350’ of frontage on Catamount Rd.

The applicant Bob Bailey, Charlie Bailey, and Licensed Land Surveyor Bill Wormell are present.

New plans are provided this evening dated 8-12-09. The board reviews these plans. Ms. Planchet explains that according to the board’s rules of procedure, this time is for the board to review the plans and application; abutters have not been notified and no communication should be held with the applicant and no decisions can be made by the board at this time. The planner’s notes have been provided and Ms. Planchet states that she has provided these comments to the applicant’s representative. 

Ms. Planchet explains that this is a minor subdivision proposal to subdivide 5.16 Acs. from Lot 205-36 with 298.39’ frontage on Preve Drive and a new lot will be created, 205-36-1. Preve Drive is a private road and the applicants have submitted an application to the ZBA. In addition, a lot line adjustment of 0.58 Acs. is also proposed between lot 205-36 and 205-37. She notes that the well, well radii, wetlands, and septic are now shown on this revised plan.  

Ms. Planchet discusses staff review notes.  A discussion is held regarding the contours. Ms. Couch asks if the 5 ft. contours should be added to both lots since two lots are being created. Ms. Planchet replies yes.

Ms. Smith states that upon her review of files, she located a declaration of covenants for this area, Bell Cove. She states that the covenants appear to reference the same plan with a note that states that there would be no further subdivision of these lots and questions whether this applies to this plan. Mr. Wormell replies that Bell Cove is the abutting property and this land is not a part of this subdivision or associated with the covenants.

Ms. Planchet notes that the board could request that information relative to items 8 and 9 could be provided at the August 27 meeting or noted on the plan.

Additional discussion is held regarding contours. Mr. Wormell indicates that the reason he and perhaps other surveyors do not provide the 5 foot contours on the plans is that the registry of deeds with not accept a plan with the contours on it. 

ADJOURNMENT
Herb Johnson makes a motion to adjourn, second by Deborah Couch. Motion passes unanimously 6/0, at 9:04 p.m.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary