Town of Warner – Planning Board

Minutes of the Meeting and Public Hearing

Monday, July 10, 2006 7:00 PM

Warner Town Hall, Lower Level

 

Members Present: Barbara Annis, Derek Pershouse, Russ St.Pierre, Phil Reeder, Selectman Richard Cook, alternate

Members Late: Andrew Serell (7:05), Mark Lennon (7:10)

Members Absent: Selectman Wayne Eigabroadt

Alternates Present: Brian Patsfield, Ed Mical

Alternates Absent: None

Presiding: Barbara Annis

Recording: Sissy Brown

Open Meeting at 7:00 PM

Roll Call

Ms. Annis asked everyone in the room to turn off their cell phones.

Ed voting for Mark, Brian voting for Drew

Ms. Annis suggested that the approval of the minutes of the June Planning Board meeting and the minutes of the June Work Session/Meeting would be done at the end of the meeting. The Board was in agreement with the change to the agenda.

Public Hearing: Minor Subdivision – continued from the June Planning Board meeting

Applicant: George and Deborah Brown, 351 Collins Road, Warner, NH 03278

Property location: same as above, Map 8, Lot 15 OR-1 Zoning

Purpose: Subdivide 34.72 +/1 acres into three lots: 5.45 ac, 6.27 ac, 23 ac

Jeff Evans, surveyor, Landmark Land Services represented Mr. and Mrs. Brown at the meeting. He said that he had updated plans to present to the Board.

Mr. Evans stated that he was before the Board at the June meeting and that the Board had given him a list of changes. He said that he believed that the changes had been completed.

 Allan Brown, Public Works Director, had been on vacation so the verbal approval of the driveway was not received until the day of the meeting

 Mr. Brown had no problems with the site distance, but at the time of the driveway application he will want culverts installed.

 Ms. Annis stated that according to the minutes of the June meeting, there was an issue of rebar v. granite markers.

 Discussion of the boulders and the markers used. Mr. Evans said that he thinks that has been addressed.

 Drill holes have been set in boulders rather than putting in granite markers. He said that he hoped the Board would accept that alternative. He said that the boulders are as permanent as granite markers.

 Ms. Annis read from June minutes: Item 2: Three corners that are marked as rebar need to be marked as granite markers on the map.

Mr. Evans: They are now drill holes.

Ms. Annis: The minutes state that when the project is done, the granite markers need to be installed.

 The Secretary checked the abutter errors that were on the first plan and stated that there is still one spelling mistake.

Mr. Pershouse: You’re saying that the granite markers that were required are not drill holes?

Mr. Evans: Yes.

Mr. Pershouse: In every case? Where the granite markers were supposed to be?

Mr. Evans: Where granite markers would be used, if we hit a boulder or sizable stone that we can’t move, we’re not going to be able to permanently set stone bounds in that location. So we drill a hole in the granite boulder.

Mr. Pershouse: So how many of the particular granite markers are not set?

Mr. Evans: All of them. We set drill holes in all locations that were in question.

Mr. Pershouse: So you’re saying that you moved in immovable boulders and put a drill hole in them?

Mr. Evans: It’s one of those situations where, what do you do? That’s a solution. What we want to do is try to get down to asking the Board to accept the drill holes in a large immovable stone – we put a stub of rebar in there and they’re marked with survey caps. They’re epoxied into the drill hole.

The Board said that they were fine with that alternative.

 Ms. Annis: view easements need to be shown on the plan. Mr. Evans said that they had discussed view easements, and he showed the Board the proposed view easement on the plan and stated that they were put there in order to force the building sites where we think they should be without encroaching onto the view of the existing house. The view is down over Lake Massasecum.

Mr. Pershouse: Barbara, your question is whether there is a written draft of the easements?

Ms. Annis: That’s how it’s stated in the minutes.

Mr. St.Pierre: We decided that they didn’t need a written easement because they really weren’t concerning us. It wasn’t access; it was just a view easement.

Ms. Annis: Ok. But it says that it needs to be shown on the plan.

Mr. St.Pierre: And they’ve shown it on the plan.

Ms. Annis: Ok. The next thing on the list is the locations of proposed driveways. I realize what Allan said – that the driveway locations are ok, according to him. Outstanding perc test results?

Mr. Evans: We didn’t do any because the lots are all over 5 acres. We had discussed that originally.

Ms. Annis: Ok. Do you have anything from the NH Natural Heritage Bureau?

Mr. Evans: The NH Natural Heritage Bureau letter was received. There are "Small Whorled Pogonias" [spelling from the report received] "in the area" but not on the property. They also went so far as to tell the applicants that the property used to be used as a golf course. The report says only that the plants referred to "may be present in the area."

Ms. Annis stated that those were all of the comments that were given to Mr. Evans to be completed, and asked the Board what they wished to do.

Mr. St.Pierre made a motion to accept the plan as complete. The motion was seconded by Mr. Reeder.

Ms. Annis called for a vote: Mr. Serell: Yes; Mr. Cook: Yes; Mr. Lennon: Yes; Mr. St.Pierre: Yes, Mr. Pershouse: Yes; Mr. Reeder: Yes.

Ms. Annis closed the Board meeting and opened the Public Hearing. Hearing no one wishing to speak, Ms. Annis closed the Public Hearing and reopened the Board meeting.

Mr. Lennon made a motion to approve the plan subject to the changes made as discussed. The motion was seconded by Mr. Pershouse.

Ms. Annis called for a vote: Mr. Serell: Yes; Mr. Cook: Yes; Mr. Lennon: Yes; Mr. St.Pierre: Yes, Mr. Pershouse: Yes; Mr. Reeder: Yes.

Ms. Annis said that Mr. Evans would bring the Mylar to the Secretary with the spelling change.

Major Commercial Subdivision

Property Owners: Alan & Lee Ann Wagner, Jr., 33 Newmarket Road, Warner, NH 03278

Property Location: Intersection of Route 103 and I-89 southbound off-ramp Map 14, Lot 10, C-1 zoning district

Description: Subdivision of existing 13.03 ac. lot into 4 commercial lots: 2.90 ac., 3.44 ac., 2.75 ac. & 2.56 ac.

Stefan Toth, engineer for the project, represented Mr. and Mrs. Wagner and presented the plan to the Board. He asked if the Board was going to accept the plan before he discussed it, and Ms. Annis said that the Board doesn’t accept a plan until it is complete.

Mr. Toth stated that he had been before the Board twice for conceptual hearings.

4 lot commercial subdivision

Have met with Allan Brown to go over the grading of the roadway and to look at the proposed driveways

Easements for a common driveway have been added to the subdivision plan with the understanding that those easements could change depending on the uses of the subdivision lots.

Drainage is shown on the plan

Most of the road is a 10% grade.

The plans have been submitted to the different departments: DOT District V had some comments. The geometry and location of the driveway is fine and the grading is fine; they suggested the plan contain locations for stone water retention areas for pre and post development; requested a study of projected traffic in and out post development.

When the plan will have a notation on that at the time that each lot comes to the Planning Board for development, they also have to send in an application to DOT’s District V for a driveway so that they can look at each development so that they can make sure that it has the proper improvements and drainage. They will also have to submit site specific maps.

The plan has also been submitted to the State for subdivision approval, and no comments have been received from that submission.

The centerline of the road has been set and marked, if anyone wishes to take a look at it.

Letter received from the NH National Heritage Bureau stating that there was one adult male wood turtle found dead on the side of the road. The turtle is not an endangered or threatened species, and in 2000 there were six adults and young wood turtles observed.

Have not received comments on the plan from PSNH to show the Board re: placement of utility poles

Mr. Pershouse: What consideration has been given to underground utilities for the entire site as opposed to underground from the front to each lot?

Mr. Toth: For underground, we would set one pole and then go underground to each lot on the site. We could do that, but from my considerations with Allan Brown, the fewer amounts of utilities in the roadway is his preference. That’s why I designed the roadways the way I did; for the least amount of drainage crossings and such.

Mr. Pershouse: If this is an industrial or heavy usage site, that might affect the overall usage and appearance of the entire site; with transformers and such. I’m trying to anticipate what we would be thinking and discussing in a site plan review because we do have some serious concerns about utilities.

Mr. Toth: I don’t think you’d see the poles from the road at all. I will have further with Allan Brown. I would show pole locations, but I haven’t been able to get information from PSNH. I hope to have that for you very soon.

Ms. Annis: Allan is supposed to have comments for us tonight, but I don’t see them. I personally called him today.

Mr. Toth: If the Board says we need to go underground, then that’s what we’ll do because we certainly want to work with the Board.

Waiver requested with the application regarding the town’s preferred design for a cul-de-sac. The roadway "teardrop" has been redesigned on the plan to accommodate large trucks.

Has there been a discussion regarding the town taking over the road?

Town Administrator wrote a letter stating that the Board of Selectmen is in receipt of the proposed road names for the project and will take it under advisement. She also said that he should plan on contacting the Selectmen’s office once final approval is obtained so that this request can be acted upon.

Mr. St.Pierre said that the issue in his mind was the Selectmen’s process – were they concerned that the Planning Board would accept the plan and then the Town might not want to take over the roads?

Mr. Cook: If you want us to give an opinion, I’m sure we can have a discussion and give you an opinion if that would be helpful to the Planning Board.

Ms. Annis: It’s my understanding that the road has to be built to Town specs in order for the Town to accept it, and that is one of the things = you have to build it and hope that the town accepts it.

Ms. Annis said that she had contacted CNHRPC and Provan and Lorber, and that they will be able to do a review of the project.

CNHRPC said that they would have the application back within 2 weeks. Does the Board want them to review the plan prior to the Board accepting the plan as complete?

As long as the review can be done within 2 weeks, the plan will be taken to them for review of completeness before the August meeting. Results should be sent to the applicant prior to the next meeting. The process will begin before the Board goes through the checklist and that CNHRPC should review the plan for completeness.

Ms. Annis asked if the Board would like the CNHRPC representative at the August meeting, and Mr. Pershouse and Mr. Cook suggested reserving her time in advance and then they could let her know if her presence at the meeting is not necessary at a later date.

Ms. Annis asked if road bed and drainage to be looked at by Provan and Lorber? They would be looking at the engineering portion of the plan.

Mr. Lennon said that the areas that would need to be looked at would be roads, slopes, drainage, buildable area and erosion control plan, and grades of the finished cuts. It was also decided that a representative from Provan and Lorber should be asked to attend the August meeting.

Discussion of driveway easements for the lots as shown on the plan.

Mr. Toth said that he would like for Provan and Lorber to talk with Allan Brown before submitting their plan because in the past Mr. Toth has seen them issue reports without discussing the plan with the Road Agent and the design is sometimes done the way it is for a reason that Provan and Lorber aren’t aware of.

Mr. Cook said that Mr. Brown would be in town for the next two weeks, and then would be gone for a week.

Proposed extension – private driveway or town road? Answer: private driveway. Town will not be responsible for it.

Richard Cook asked what the Selectmen need to get to the Planning Board, and Mr. St.Pierre said that they don’t need to do anything at this time. Mr. Cook said that if the Planning Board needs an opinion from the Board, they should let them know.

Mr. Serell: We can approve this plan and the Selectmen can decide later if they’re going to accept the road. It is probably between the applicant and the Selectmen.

Mr. Toth would like to get the names approved for the roads as soon as possible so that he can begin putting them on the plan.

DOT is ok with the design, but would like more drainage consideration for retention.

Fire Chief said that it is ok with him. Driveway needs to be large enough to accept emergency vehicles. The rest of the plan looks fine.

Have not received comments from the Road Agent and the Police Department to date.

Home Occupation Application

Diane R. Hall, 57 Retreat Road, Warner, NH 03278

Organic gardening classes, lost arts from the 1935 era

Asked over the years to give lessons on farmsteading and organic gardening

Wants to preserve New Hampshire lost arts

Teach a healthy lifestyle

Has been asked over the years if she will give classes

The house only 2 neighbors, and they’ve been notified and they’re fine with her plan

The driveway is about 200 feet deep off of the road. There are no neighbors in site and the Warner River bank is across the road. Organic garden is in the back surrounded by trees.

Very quiet neighborhood and it would be a very quiet class

Mr. Pershouse: What is the total number of people attending?

Ms. Hall: I plan to keep it small because she has other agendas and I want to do it part time. I’m probably looking for 3 to 6 people per class.

Relaxing and enjoyable class

Low impact and low key

Driveway is three cars wide

Additional parking on the side

8 cars can be comfortably be parked on the side and away from Retreat Road

The lot is level

Ms. Hall read an introduction that she had prepared for the lessons

Mr. Lennon made a motion that there would be no site plan required for this application. The motion was seconded.

Ms. Annis called for a vote: Mr. Serell: Yes; Mr. Cook: Yes; Mr. Lennon: Yes; Mr. St.Pierre: Yes, Mr. Pershouse: Yes; Mr. Reeder: Yes.

Home Occupation Application

Lawrence Turcotte, 8 East Sutton Road, Warner, NH 03278

Auto repair, NH state inspection service

Ms. Annis stated that this is the former location of Steve Lamora, located on Route 103.

 No sign for the business

 Small business with himself as the only employee

 24 x 24 building is a small garage near the house.

Had the house painted recently and has been doing some work on the property

Mr. Pershouse: You won’t need the appearance of the building to bring in customers? You won’t be opposed to landscaping and shielding of the garage?

Mr. Turcotte: No.

Mr. Pershouse: You would have a maximum of 3 to 4 cars parked outside? Would the business grow over time and people be hired?

Mr. Turcotte: It’s possible, and I might hire a part time employee in the future. There’s no plan for this to be a garage business.

Mr. Serell asked about the total square footage of the building and the house, and stated that this might need a variance.

6520 total floor area of the building for the business. The area used is more than 25% of the square footage of the house and basement, which is the requirement in the ordinance.

The property is not in the commercial zone – it is residential

The ordinance requiring that the business not be more than 25% of the home and basement was not in place when Mr. Lamora had his home business on the property.

There was a discussion of the total square footage and the definition of gross floor area, and it was decided that either definition would still come out to the proposed business taking more than 25% of the square footage of the home and basement.

Mr. Lennon: What he wants to do is entirely appropriate given the layout of the building, but he needs to get a variance from the ZBA because it doesn’t qualify as a home business.

Mr. St.Pierre: If at some time it was a legal use by Lamora and it has been less than a year since it was used by Lamora as a service station – even if it was a non-conforming use… According to our definition, if a non-conforming use hasn’t been used for over a year, it goes away. That’s why I asked how long you’ve owned the property. You said you’ve owned it 11 months.

Mr. Cook: It wasn’t a non-conforming use at that time [when Lamora owned the property] because it was a home occupation.

Mr. Lennon: It was home occupation, and according to the ordinance a home occupation ceases the minute you stop the home occupation.

Mr. Cook: And it isn’t a non-conforming use because it was a home occupation.

There was a discussion of non-conforming use versus home occupation when it was owned by Mr. Lamora, and the Secretary said that she would check with ZBA Vice Chairman Martha Mical for clarification of whether or not it was a home occupation at that time.

It is either a grandfathered use or it is a variance. It doesn’t fit under the definition of a Home Occupation. The variance would be under Article III (H).

Mr. Reeder: I agree with Drew, but I would really like to approve this application.

Mr. Serell: Yes, but we can’t approve it just because we think it is a good idea.

Mr. Reeder: I think Lamora owned the property and could have been using it up until the day he sold it by keeping a pair of pliers in there to work on his vehicles.

Mr. Serell: We don’t have that information.

Mr. Reeder: We don’t need to have that information, I don’t think. I think it was a business until he sold the property, and we have one more month left until one year is up. It could be valid. I still think the grandfather clause might carry on for now.

Mr. Serell: I think that the clock starts because he has already made the application. I don’t think coming back a month from now would change that.

Mr. Reeder: I’m not sure we really need that if we consider the date of sale as the day that Mr. Lamora ceased his business.

Mr. Pershouse: Would a letter from Mr. Lamora to the Board help?

Ms. Annis: Would the Board accept a letter from the former owner saying he had maintained his business up there until such and such a date?

Mr. Lennon: I’d accept a letter and a receipt showing that he actually performed his job until a certain date. I just don’t think we can stretch the rules because we think that it is a good idea.

The Board reread the ordinance and pertinent definitions. Because a home occupation permit ceases to exist when the person who obtained that permit ceases to use it or sells the property, Mr. Turcotte couldn’t use that permit but could apply for a new home occupation permit.

Ms. Annis: So you’re going to leave it up to Mr. Turcotte to decide which direction he wants to go in? Either to present us with some proof that Steve Lamora had a business going there within the last year or go to the ZBA and get a variance in regards to the 25%? Is that what you’re saying?

Mr. St.Pierre: The only real question before us is whether he needs a site plan or not. Have we decided that?

Ms. Annis: No.

Mr. Serell: It doesn’t make sense to say that he needs a site plan and then say he needs to go to the ZBA for a variance.

Mr. St.Pierre: But we don’t have to do one or the other. We need to decide if he needs to go for a site plan.

Mr. Lennon: No, if he doesn’t have a home occupation, then it’s not a question of whether or not he needs a site plan.

Mr. St.Pierre: Then we need to tell him that he doesn’t qualify as a home occupation.

Mr. Lennon: It does not qualify as a home occupation. It’s either a grandfathered use or he needs a variance. There’s no way it fits under the definition of a home occupation.

Ms. Annis: Because of the 25%.

Mr. Reeder: If he receives a variance, it could be a home occupation.

Mr. Lennon: Yes.

Mr. Turcotte: So what do I need to do?

Mr. Lennon: You need either to get some documentation from Lamora that it was used as a repair place within the last year, in which case it is a grandfathered use and you don’t need a site plan because you’re just continuing an existing use…

Mr. Cook: I don’t think that the Board of Selectmen is going to look at the zoning ordinance in that way. It appears from our existing ordinances that a home occupation doesn’t go forward with the property. Is that correct?

Ms. Annis: Yes.

Mr. Cook: And Mr. Lamora was operating under a home occupation permit.

Ms. Annis: Right.

Mr. Cook: So if he comes in to the Board of Selectmen and the Selectmen could say, "You don’t meet the 25% rule, so we can’t give you a use permit." So it seems to me that the best course of action would be to resolve that and have him get a variance. Unless someone can tell my why Lamora's wasn’t a home occupation.

Ms. Annis: It was. It was on the second lot for a long time.

Mr. Cook: And it had a variance?

Mr. Proulx, abutter: May I speak?

Ms. Annis: It is a closed meeting, but if you have information I’m going to ask you. I have that right.

Paul Proulx, abutter: I was there when Lamora built that place. He got a variance for a home occupation and built the garage before the house was built.

Ms. Annis: That’s correct.

Mr. Proulx: He had a lot of stipulations on that piece of land and violated all of them. He cut down every tree – we call it the Desert of Warner. He had a variance for a home occupation. I’m not sure what the variance was about – I don’t know if it was the 25% or what. I don’t know how he could have measured it because he hadn’t had the house built. There was a lot going on there. He ceased his operation some time last summer. He had an auction there, and he had stopped his operation well before the auction. I guess if you talk to him, it would be very difficult to find out exactly what date he ceased his operation but I know it was last summer when he sold all of his equipment out of there.

Ms. Annis: At this point, it seems that there is no option; he needs to go and get a variance. Do you understand this letter H that we keep referring to? It’s part of the definition of a home business and it is letter H, the one that describes the 25%, which is the hang up here.

Mr. Young, former ZBA Chairman: That 25% didn’t exist when Mr. Lamora was granted his variance, did it?

Ms. Annis: That’s correct.

Mr. Pershouse: It was only added 4 or 5 years ago.

Ms. Annis: I don’t know what variance Mr. Lamora got.

The Board decided that the applicant needs to get a variance from the Zoning Board. He was advised to come the next Wednesday morning to see the Secretary and get assistance with an application for a variance.

 

Mr. Turcotte: I have one a question. If you didn’t use the whole building, does that fit into the 25% question some how?

Mr. Serell: Theoretically, yes – if you restricted the size. But we would have to look at what size the business would be. But I think that your best bet is to get a variance.

Mr. Cook: You need to get good measurements of the square footage of your house, because your house has a lot of twists and turns in it.

Conceptual Consultation

Mark Feenstra, RAW Investments Trust

Property location: South side of NH Rt. 103 West, Warner, NH Map 35, Lots 4-1 & 4-2, C-1 Zoning

Mark Feenstra represented RAW Investments at the meeting.

Review of the new plan submitted by Mark Feenstra, including side elevations and landscaping and parking

This is a new and different plan than the conceptual plan that was submitted at the previous meeting.

Addressed all of the things that the Board and Mr. Feenstra had discussed in the two previous conceptual meetings – basically making one building totally different than the other building.

Brought the second building forward to make it easier to get a tractor trailer behind the building

The cross easement to Lot 3 is behind the building, where it’s always been

Took away a row of parking in the front of the second building and put more parking on the side

Put more landscaping – more trees and flowers

Page 4 of 9 – landscaping plan for the project

Mr. Pershouse: Does the current configuration of the buildings on the site still allow for the possibility of cross easement into the Citgo station?

Mr. Feenstra: Yes. I’ve called Doug with Citgo a couple of times and left messages, and I’ve received no response. But they did go down and cut the lawn and pick up some trash.

Ms. Annis: Laura Buono, Town Administrator, has sent a letter to the Citgo people and we’ve ask them to come in to our work session next week to discuss traffic lights and other things that will be going on down there. We’ve not heard confirmation from them.

Mr. Feenstra: I’ll call him again, too. The cross easement could be accomplished easily because all we have there is a retaining wall.

 Mr. Feenstra asked about the parking for the proposed Hampton Inn, and was told that they are now going to use an entrance off of North Road.

 The buildings are now larger because of the Board’s request for a second floor on the second building.

 Parking was increased by 2 spaces.

Would like to amend the previous application to this configuration and continue instead of reapplying so that the process can begin sooner. All permits are in place and the blessing has been received from the fire and police departments.

Mr. Lennon: Because this is such a vast improvement over what we’ve seen before, I would have no problems with this application. The only question I’d have is that there is enough room for the parking. But as I recall, we did not accept your previous application so you will have to make a new application.

Mr. Reeder: I really like this plan much better than the last one, but I have a question about the dumpster location. It seems like an odd place to put them out here in pedestrian traffic.

Mr. Feenstra: We can move them. This is just a starting place because we had to put them somewhere. They are 10 yard dumpsters, and there would be a maximum of 1 or 2.

Should be noted on the plan that it is in the Intervale Overlay district of the Commercial District

Now using a new design firm that uses a CAD system, so that changes made on one page of the plan are automatically carried over to all pages of the plan.

Mr. Lennon told him to check his heights because the roofline is now 39 feet. He recommended that Mr. Feenstra read the definition of height in the zoning ordinance.

Design quality would trump the issue of a variance for the height.

Need lighting plan for the buildings and the parking areas, as well as the types of lighting to be used. Page 7 has lighting details, but they’re not really lighting details.

Plant list question about the crimson barberry banned from the state or will be, and it is shown on the plan. The Conservation Commission may be able to help with the landscaping list.

Ms. Annis: So we’re all agreed that Mark should fill out another application and go through the check list. Are we going to hold on to these plans, or have him make the changes suggested? Did you keep the copy of the driveway permit? It should be included in the new application, along with other materials received from the state and other organizations.

Mr. Feenstra: Can I get a copy of all of those documents? I’ll come in on Wednesday and look through the old file and pull things out that I need.

Ms. Annis: We’ve not received anything back from FEMA. Are you going to be able to all of this between now and the 19th, which is the application deadline for the August meeting?

Mr. Feenstra: I should be able to.

If Mr. Feenstra gets the application in to the Planning Board office by July 19th, Ms. Annis proposed having the meeting with him on the third Monday in August and giving him 3 hours instead of an hour at the regular August meeting. Mr. Lennon suggested the discussion for completeness be done at the August work session/meeting and the public hearing at the regular September meeting, if the application has been accepted as complete. The Board also discussed sending the application to CNHRPC for their determination of its completeness. Mr. Feenstra and Ms. Annis agreed that the last time the previous plan was sent to CNHRPC, suggestions were made on the plan and none of the suggestions were followed. He didn’t see a reason to send the new plan to them because it was a waste of time.

Mr. St.Pierre: We had talked about realigning the driveway and having it line up with the Park & Ride. Is that still the plan?

Mr. Feenstra: Yes. We made that change. We’re just waiting for DOT to come back and say that that is the way they want it – do they want it turned at an angle; do they want it to go in straight.

Mr. Pershouse: You mean they’ve agreed in concept…

Mr. Feenstra: Concept, yes. It’s just a matter of getting those guys to put it in writing.

Ms. Annis: Ok. So we will see you the third Monday in August.

Mr. Feenstra: Let me just go over the list: You want to see more on the landscaping, lighting, check with FEMA, height of the building issue – whether or not you need a variance. If you need a variance, you’ll need to get that before we can vote on the application being complete.

It was stated that the ZBA meets on August 9th, and the Planning Board meets on August 7th. The Work Session/Meeting for the Planning Board is on the third Monday in August. Mr. Feenstra asked if the Hampton Inn had been approved by the ZBA, and it was stated that it had been approved but there are 30 days after any decision for appeal. The Secretary told Mr. Feenstra that he would need to have an application submitted by July 19th for either Board if he wanted to be at the August meetings.

Chris Connors, from the audience: I just wanted to say that it’s not a variance; it is a special exception. I was just worried that he would go to the ZBA and ask for a variance instead of a special exception.

Mr. St.Pierre: No, it’s a variance. There’s language in there to allow you to get a special exception if you can meet certain criteria. But if you can’t do that, and obviously in this case you can’t, then you need a variance.

Ms. Annis: The height definition is on page 3 of the zoning ordinance. Ms. Annis told Mr. Feenstra that he would be applying for a variance to Article IV (I) of the zoning ordinance.

Approval of the Minutes of the June 4, 2006 Planning Board Meeting

A motion was made and seconded to approve the minutes of the June 5, 2006 Planning Board meeting as submitted.

Ms. Annis called for a vote: Mr. Serell: Yes; Mr. Cook: not at the meeting; Mr. Lennon: Yes; Mr. St.Pierre: Yes, Mr. Pershouse: Yes; Mr. Reeder: Yes.

Approval of the Minutes of the June 18, 2006 Planning Board Work Session/Meeting

A motion was made and seconded to approve the minutes of the June 17, 2006 Planning Board Work Session/Meeting as submitted.

Ms. Annis called for a vote: Mr. Serell: Yes; Mr. Cook: not at the meeting; Mr. Lennon: Yes; Mr. St.Pierre: Yes, Mr. Pershouse: Yes; Mr. Reeder: Yes.

Communications and Miscellaneous

Fee schedule for documents in the Zoning and Planning office.

The Secretary said that she went to New London to Flash Photo and made two copies of the Abbondanza plan, which cost $3 each. Time and mileage was also charged. The Board discussed a set fee schedule, and decided to allow for flexibility on the Secretary’s part – whether to go to Concord or to New London – and charge individuals requesting copies of large documents on an individual basis based on a formula: mileage plus cost of postage plus time.

CIP

Mr. Mical gave his report:

 Memos were sent out

 CIP committee will meet with the individual departments

 Information sheets are due back to the committee by the end of July

 CIP meeting is scheduled for the first part of August to go through the information

 The committee has met twice to date

 New forms have been created by Mr. Mical

 Ms. Annis said that the Planning Board will discuss the CIP at the next Work Session/Meeting

Planning Board Regulations

Mr. Serell and Mr. Eigabroadt haven’t met yet. Mr. Serell said that he would find out what Mr. Eigabroadt has done so far because he had previously stated that he had done some work on the regulations. Mr. Mical said that the process had been started. Mr. Serell said that he would try to set up a meeting with Mr. Eigabroadt as soon as possible.

Earth Excavation Regulations

Mr. St. Pierre said that he would have the information to present at the next Work Session.

Master Plan

Mr. Lennon said that he will have something ready for the next regular meeting.

Miscellaneous

Mr. St.Pierre: Does anyone know where the ZBA is on the hotel appeal?

Secretary: The rehearing was held, and the ZBA upheld its previous decision. The deadline for an appeal is July 14, this coming Friday.

The Board briefly discussed the upcoming ZBA agenda and the Irving application.

A letter was received from New Hampshire Division of Historical Resources concerning the cell tower co-location on the existing tower on Mt. Kearsarge. The letter is 2 pages long and is available to anyone that wants to read it.

Ms. Annis stated that she had the Secretary pick up some color samples at Home Depot to have as reference materials when the Irving application comes to the Planning Board for site plan review. Mr. Pershouse said that he thought that the building should be left as it is.

A motion was made and seconded to adjourn the meeting. The meeting was Adjourned at 9:30 p.m.

 

Minutes approved: August 7, 2006