Planning Board

Minutes

June 26, 2008

Official as of July 10, 2008

Chair Nikki Roy calls the meeting to order at 6:34 p.m. 

PRESENT: Chair Nikki Roy, Vice-chair Robert Fletcher, Pete Jones, Roger LeClerc, George Jabre, Alternate Victoria Parmele, Town Planner Elaine Planchet and Board Administrator Linda Smith. Selectmen Representative Ken Curley arrives at 6:44 p.m.

VOTING DESIGNATION: Chair Nikki Roy, Selectmen Representative Ken Curley, Vice-chair Robert Fletcher, Pete Jones, Roger LeClerc, George Jabre, and Alternate Victoria Parmele.

ABSENT: Herb Johnson and Alternate Eric Reitter.

PUBLIC: Lucy Edwards, Joe McCaffrey, and a few members of the public.

MINUTES:
May 22, 2008: Nikki Roy makes a motion, second by Bob Fletcher, to approve the minutes of May 22, 2008, as amended, as follows:
Page 3: Delete: seconded by Bob Fletcher
Page 7: Replace: …she … to ... the applicant…
Page 7: Replace: …quality of … to ... need to upgrade…
Page 8: Replace: He … to She...
Page 8: Add: …without first upgrading
Page 8: Delete: …needs to be upgraded…
Motion passes: 4/0/2. Ms. Parmele and Mr. Jabre abstain.

Ms. Roy notes that the minutes of June 12 and June 19 are distributed in the packets this evening.

Ken Curley arrives at 6:44 p.m.

OTHER BUSINESS:
Board Administrator Items:
ZBA Rehearings
Ms. Smith states that the ZBA granted rehearing requests of the Jon Hendrick and Doug MacDonald cases. Upon rehearing, the ZBA did not grant relief for any of the four cases.

Newman Voluntary Merger
Ms. Smith provides an update regarding a merger for John Newman. She explains that there were some questions about the boundary lines. The board reviewed and concurred with the fact that there was a question regarding if the board had subdivided the lot. She explains that the plan shows the beach area of Sun Haven Development. She has researched and has not been able to find anything in the minutes to back this up. She referred to the town’s assessor, Rod Wood, who concurs that there appears there were questions regarding the boundary lines and would pursue with Mr. Newman. However, Mr. Wood is requesting a directive from the planning board or feedback from the board. Ms. Smith adds that this began about one year ago.

Ms. Roy requests that Ms. Smith provide the board with all background information prior to action being taken by the town’s assessor. 

Ms. Smith states that she has heard that Herb Johnson has had his surgery and is well on the mend.
 
Planner’s Items:
Porritt/Reid Plans
Ms. Planchet provides the Porritt and Reid boundary line adjustment plan for signature. All members sign as space provided.

Fletcher Plans
Ms. Planchet states that the Fletcher subdivision plans have been received for signature as well; however, she has not had time to review them and requests to do this later on in the meeting so they can be signed this evening.

Harvey Lake Condos
Ms. Planchet states that she did send a certified letter to the Harvey Lake Cottages regarding the condominium documents. To date, no reply has been received.

Saddleback Realty Site Plan Revocation
Ms. Planchet states that she sent the letter of revocation, certified, to Eugene McCarthy regarding the site plan for Saddleback Realty. The letter came back, unclaimed. She has verified the mailing address.

Correspondence
Ms. Planchet notes correspondence from the code enforcement officer regarding limited site distances at Bow St. and Rte. 4. She adds that Mr. Hickey has also sent a letter to Dave Docko regarding complaints with a retail operation existing on site.

Strafford Regional Planning Commission has sent a request for members of the community to the Metropolitan Planning Organization.  

Ms. Smith also notes the building department’s monthly report shows that there have been no building permits issued for June. She adds that Mr. Hickey noted that this was the first time that he can recall that no permits were issued in a month. 

7:00 Public Hearing
Ms. Roy calls the public hearing to order at 7:00 p.m.

PRESENT: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, George Jabre, Alternate Victoria Parmele, Town Planner Elaine Planchet and Board Administrator Linda Smith.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley Pete Jones, Roger LeClerc, George Jabre, and Alternate Victoria Parmele.
 
ABSENT: Herb Johnson and Alternate Eric Reitter.

PUBLIC: Approximately a dozen members of the public are present.

OLD CASE:
CASE 08-04: David and Deborah Church, 227 Ridge Rd. Map 219; Lot 4. Applicants seek to subdivide 7.3 acre into two lots; 3.48 acs. and 3.81 acs. Application was accepted May 22, 2008. 

Mr. Fletcher and Mr. LeClerc leave the table as they have recused themselves from this case. Mr. and Mrs. Church are present.

Ms. Roy explains that the board held a site walk on June 19, in which Ben Dreyer from Underwood Engineering, the town’s engineering firm, attended. Ms. Roy requests that the board members review the site walk minutes. She states that Underwood’s report has also been provided to the board in their packets this evening. The board and the applicant review the engineering report. Photos of the site walk are passed around and reviewed.

Ms. Roy provides a general overview of Underwood Engineering’s review comments. She explains that the opinion of Underwood is similar to what the board has discussed at the recent meetings relevant to the state statutes and the town’s regulations, which seem consistent.

Ms. Roy explains that there are two options for the applicants for the 700 feet of Range Road, either upgrade to Class V standard s or to the rural road standards. She refers to section 7 of the board’s regulations and adds that she agrees with Mr. Dreyer that Class V standards are excessive at this point. Other members agree with the Class V being excessive as well.

Mr. Curley asks if the road is a Class VI road or a private road. Discussion ensues regarding determining the status of the road. Ms. Planchet refers to the  agreement provided between Mr. Church and the selectmen that refers to the road as a Class VI road. Ms. Roy states that this is a pretty solid recommendation from Ben Dreyer and suggests that the board follow the recommendations he has provided.

Mr. Jabre asks how access was granted for the other two houses on Range Road. Mr. Church replies that they are both year round homes. Ms. Smith explains that those lots may have been existing lots of record and that this is an application to subdivide. The regulations have changed. Existing lots of record prior to the change in regulation may obtain building permits. Ms. Planchet adds that this application is proposing a new lot, which is subject to the new regulations. Mr. Church adds that this access is a shared driveway. The board disagrees.

Further discussion continues. Ms. Roy states that at this point it seems clear and the board may want to discuss the road issue further with the engineer and the applicant regarding upgrading the road to rural road standards. Ms. Roy explains that it is the applicant’s responsibility to provide engineering plans for the road. Mr. Church states that the town is making him do what someone would need to do for a 50 lot subdivision. Ms. Roy replies that is not the case and explains that the board is only asking for the proposed road to meet the town’s rural road standards. She states that the board is following the town’s regulations. Mr. Church asks the board to grant an approval contingent on a building permit. Ms. Roy replies that the board has to follow a process which is the same process for all applicants. She adds that plans need to be provided for the road before the subdivision approval can be granted.

Mr. Church proposes a 50 ft right of way (ROW) across the property, on the other side of the stone wall, from Ridge Road and use that as a driveway as access to the property. Discussion ensues about the possibility of providing an easement along the property line to access the new lot. Plans are reviewed for this location. Steep slopes and site distance concerns are mentioned where the driveway’s proposed access is. Ms. Roy states that there must be 250’ of site distance required in each direction. Mr. Jones mentions RSA 674:41 and Ms. Roy notes that the RSA’s are state laws. Mr. Curley states that the board will need to research the right of way issue to see if it is a feasible option. Mrs. Church asks if the right of way is determined to be okay, would they still need to do road construction.  Ms. Smith states that town counsel recently has stated that a ROW is not deemed adequate for access alone. Ms. Roy states that there is a difference between a ROW for one lot and a ROW for four lots. She adds that the matter needs to be researched further.

Mr. Jones states that the driveway would have to be no closer than 20 ft. from the stone wall, per the setback requirements.

Ms. Parmele states that she would like more information and adds that it would be easier to see the proposal laid out to see if it worked.

Ms. Smith suggests rather than a ROW, perhaps a reconfiguration of the lot would allow that area to be an appendage of the second lot, which could be used as a driveway. She states that this would require that the board waive the 100 ft minimum lot width requirement. Ms. Roy replies that she would like to take some time to think about it and discuss at the board’s work session. She suggests that the Churches take the time to decide what they want to do.

Abutter John Williams expresses concern with Range Rd. He explains that there are some road maintenance issues. He asks if a new driveway plan is proposed will the board conduct a new site walk. He adds that there are a number of concerns that he has relative to the existing trees and he would like to see them remain as is. He asks if the trees were to be cut down, who would do the cutting and who obtains the wood. Discussion ensues with Mr. Williams expressing concerns of the property owner developing the road and the access. Mr. Jones states that the board will not make decisions based on what they feel an applicant will or will not do. He adds that the code enforcement officer addresses these types of issues when the approved plan is not followed and that is a recourse for abutters.

Mr. Wolf asks if there is an existing cemetery. He states that the town should maintain the road to the cemetery. He states that there is an RSA that says that the town has to maintain the road. Ken Curley requests a copy of that law.  A member of the public asks if this is a public or a private cemetery. She says it makes a difference.

Mr. Guptill states that he has done the title work himself and asks if the ROW were to be approved, would it have to be completed. He asks whether there are rules for that. The board indicated that the details would still have to be worked out. 

Ms. Roy states that there are 3 options for the Church’s: an engineered plan for Range Rd.; change the proposed lot layout; or have a ROW description with deed wording to be provided for review.

Mr. Guptill asks about emergency vehicle access. Ms. Roy states that the board would take that under advisement.

Ms. Roy states that the case is continued to July 10. Ms. Smith states that any new information would need to be provided 15 days prior to the continued meeting.

NEW CASE:
CASE 08-06: Beverly Cangiano, 958 First NH Turnpike. Map 217/Lot 59. Applicant seeks a site plan review for proposed dog kennel to include boarding, training, and breeding. Property owned by Theresa Canejo-Mosher.

Beverly Cangiano is not present. Theresa Canejo-Mosher, property owner, is present. A discussion is held regarding the fact that the applicant is not present and if the board should proceed. Ms. Canejo-Mosher states that she is familiar with the proposal.

Ms. Planchet refers to the notes from the TRC meeting. She explains that there is an email she sent to Ms. Cangiano and has been returned with answers to requested information as a result of the TRC meeting. Ms. Planchet adds that the plan has not been updated. Ms. Roy expresses concern regarding the traffic and site distances. She adds that the new information received depicts that the proposal is a much larger scale than what had been anticipated.

Further discussion ensues regarding accepting the application and if there is enough information to do so or if the board should continue to another date and time specific. Ms. Smith explains that when the board accepts the application, the board is stating that there is enough information in the application to base a decision on. Ms. Canejo-Mosher states that the sale of the house is contingent on certain items and this process is one of them. Bob Fletcher makes a motion to accept the application as complete, second by Roger LeClerc. Vote: 5/2. Mr. Jones and Ms. Roy are opposed. 

Ms. Roy opens the public hearing for this case and reads the abutters list. Abutters present are Theresa Canajo-Mosher, Steve Barrett representing the Livingston Revocable Trust and Ann Bingham for the Bingham Living Trust.

Steve Barrett, representing the Livingston Trust, explains that they support using the property for anything useful. He asks if there is a change of zoning does that approval stay with the property and allow for anything to be placed on the property such as a gas station. Ms. Roy replies that the site plan is for the property. Ms. Planchet states that there was an approval for an antique shop. Mr. Barrett notes that there is a large issue of the location in that this is a corner of Rte. 4 and there is a combination of fuel trucks, school buses, and kids walk in the area. He adds that he has tried to get the utility company to move the existing utility pole because kids were walking around the pole and into the road.

Mr. Barrett adds that as far as the dogs, there is concern with the number. Who would enforce the amount, code enforcement? Ms. Roy replies yes.

Mr. Barrett adds that he also has a concern with the traffic plan. He explains that the estimate of the time frame on the plan is not realistic at all. A realistic commute time window would probably be for all day commuters. He states that the current regulations do not meet the site distance on the road.

In addition, Mr. Barrett notes the parking area displaced from the road and the noise level. He believes that any activity should be moved away from the property lines. He asks who will control the noise issues. Further discussion is held and he adds that this will de-value properties. He adds that they support the proposal; however, it should be displaced over the area as they have the room. He adds that he does not feel the time frame of 7 a.m. to 7 p.m. is realistic.

Ann Bingham questions whether there would be any runoff onto other properties. She notes that the impact statement indicated no environmental impact. She disagrees and notes that Harvey Lake is right across the street.

Ms. Roy states that the case is continued to July 10.

Mr. Barrett raises the idea of sidewalks along that section of Route 4 near Coe-Brown as this may be a good opportunity because some of the adjacent properties are currently for sale. He asks what the process is for that. Ms. Roy states that it’s really the state that determines sidewalks and describes the board’s previous efforts for sidewalks. Discussion ensues. Mr. Curley mentions that the town’s Highway Advisory Committee may be interested in this project and suggests that Mr. Barrett may consider working with this committee. 

Correspondence
All correspondence is further reviewed. 

George Jabre left at 9:00 p.m.
Other
Access Management Committee
Mr. Jones recalls that the committee is waiting on Julie LaBranche of SRPC for a work plan. Ms. Planchet will contact her and find out the status.

Docko Site Plan
Discussion is held regarding the Docko approved site plan of May 2007 and the driveway usage.

Shoreland Protection Act
Mr. Jones provides an overview of the recent NHDES presentation relative to the Comprehensive Shoreland Protection Act. Ms. Smith states that the state has control over setbacks since the town does not have 50 ft. setbacks for water only a 20 ft. building setback. She adds that the state has granted waivers for relief of the 50’ setback. She adds that the thought that everything will be back 50’ is not accurate as the town will not have any role in the process. Further discussion is held.

Strafford Regional Planning Commission
Nikki Roy makes a motion, second by Bob Fletcher, to appoint Ms. Parmele to the Metropolitan Planning Organization Technical Advisory Committee. Motion passes; 6/0.

Fletcher Plans
After review, Ms. Roy signs the plans.

Adjournment:
Nikki Roy makes a motion, second by Pete Jones, to adjourn at 9:20 p.m. Motion passes unanimously; 6/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary