Planning Board Meeting Minutes - January 24, 2007

PUBLIC HEARING Lincoln Town Hall Conference Room Main Street, Lincoln, New Hampshire Present: Chairman Pat Romprey, Selectmen's Representative Peter Moore, Vice Chairman Joe Chenard, Member John Hettinger, Clerk Jim Spanos, Alternate Edwin Fredie and Alternate Charlie Cook Staff Present: Stacey Havlock - Administrator, Ted Sutton - Town Manager Others Present: Chester Kahn, Steve LaFrance, Rick Kelley, Mike Scisciani, Ed Brisson, Pat Bahr, Susan Chenard, Ann Carr, Debra Ward, Deanne Chrystal, Tom Tremblay and Douglas Hayward 6:02 PM CALL TO ORDER by Chairman Romprey; announcement of excused absences, if any, and seating of alternates(s), if necessary. Chairman Romprey called the meeting to order and welcomed those present. Full quorum present. Alternate Bovarnick was excused. 6:02 PM CONSIDERATION of Draft Meeting Minutes for January 10th, 2007 Selectmen's Representative Moore made a motion to approve the minutes of January 10th with corrections; seconded by Vice Chairman Chenard. Vote was unanimous. 6:13 PM CONSIDERATION of an application for Waiver of Site Plan Review submitted by Susan Chenard (Tax Map 18 Lot 040) Proposal: Request to operate a home business in the General Use zone - which is an allowed use. Planning Board: Acceptance of the Completed Waiver of Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Waiver Site Plan Review Application. Vice Chairman Chenard stated he was recusing himself from consideration of the application to avoid possible conflict of interest. Alternate Cook was seated. Mrs. Chenard asked the Board to consider her request to have a Real Estate office located in her parent's home. She stated her father would be running the business with her and that her husband, Joseph Chenard, owned the property. Mrs. Chenard stated there would be more than 5 parking spaces available for the business. Selectmen's Representative Moore read into the record a letter sent to the Board by Gina Cresta, an abutter, requesting the building of a fence to restrict the possibility of clients parking on her property. **A copy of that letter will be attached to the minutes from this meeting. Clerk Spanos asked if the parking area was going to be paved. Mrs. Chenard said no. Board members discussed the parking spaces and the need for a fence. The Board decided that a fence was not needed and asked the Chenards to install grade stakes to separate the boundaries between their property and that of the abutter. Mrs. Chenard stated the business would be home/web based and most meetings would be done off site, as her parents would still be occupying the home. Clerk Spanos made a motion to open the public discussion; seconded by Member Hettinger. Vote was unanimous. One of the public present (name unknown) asked what kind of sign and lighting would be used. Mrs. Chenard said she would not be putting a sign out at this time and there would not be any additional lighting installed. Mr. Chenard said, if a sign were erected, abutters would be notified. There was no further public discussion. Clerk Spanos made a motion to close the public discussion; seconded by Member Hettinger. Vote was unanimous. Selectmen's representative Moore made a motion to approve the application for Waiver of Site Plan Review as presented upon condition of the installation of grade stakes to divide the Chenard and Cresta properties; seconded by Member Hettinger. Vote was unanimous. 6:27 PM CONSIDERATION of an application for Waiver of Site Plan Review submitted by Deanne Chrystal (Tax Map 16 Lot 098) Proposal: Request to operate a home business in the Village Residential zone - which is an allowed use. Planning Board: Acceptance of the Completed Waiver of Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Waiver Site Plan Review Application. Ms. Chrystal addressed the Board and stated she would like to open a general practice law office out of her home. She said approximately 500 square feet of space would be used for an office. The rest would remain residential. She stated most of her legal work would be done off premises. But occasionally she may need to meet with other lawyers or clients in her home office location. Her office hours would be from 9:00 am to 5:00 pm. She may find it necessary to employ one person who would work at this office. Ms. Chrystal stated she had applied for a sign permit and the sign used would be 2' x 3' in size. Alternate Cook asked if violent confrontations at her office because of her family law practice were possible. Ms. Chrystal said she hopes that never happens, but she could not rule out the possibility because her practice deals with family issues. She said she would seek other law offices in the area or court space if there were to be a meeting with disputing family members. Selectmen's Representative Moore stated it appears there is enough space for (4) four parking spaces but he is concerned if there were large meetings. Ms. Chrystal stated she has access to alternative conference rooms or office spaces for the larger meetings. Clerk Spanos made a motion to open the public discussion; seconded by Member Hettinger. Vote was unanimous. Ms. Carr, a resident, stated she has concerns regarding cars turning around on Pleasant Street. She said that a problem exists now with cars turning around. Mr. Sutton said this summer the Town of Lincoln would be doing some repairs to that road and either a cul-de-sac or a hammerhead would be constructed at the end of the road, which should mitigate the problem. Member Hettinger made a motion to close the public discussion; seconded by Clerk Spanos. Vote was unanimous. Selectmen's representative Moore made a motion to approve the application for Waiver of Site Plan Review as presented; seconded by Clerk Spanos. Vote was unanimous. 6:35 PM CONSIDERATION of an application for Waiver of Site Plan Review submitted by Debra Ward (Tax Map 17 Lot 033) Proposal: Request to operate a home business in the Rural Residential zone - which is an allowed use. Planning Board: Acceptance of the Completed Waiver of Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Waiver Site Plan Review Application. Mrs. Ward addressed the Board stating she would like to open a small Real Estate office in her mother's home on Pollard Road. She said there would be two employees and a small sign. She presented a sketch of the property to the Board. Clerk Spanos made a motion to open the public discussion; seconded by Member Hettinger. Vote was unanimous. Mr. Chenard said he had visited the property and believes there is adequate parking space. Member Hettinger made a motion to close the public discussion; seconded by Clerk Spanos. Vote was unanimous. Selectmen's representative Moore made a motion to approve the application for Waiver of Site Plan Review as presented; seconded by Member Hettinger. Vote was unanimous. Vice Chairman Chenard was re-seated. 6:39 PM CONTINUATION of applications for Site Plan Review and Subdivision submitted by Steve LaFrance for Centex Destination Properties (Tax Map 2 Lot 3.2) Proposal: To construct a 63-unit condominium building to be built in two sections as part of an existing Master Plan. Planning Board: Acceptance of the Completed Site Plan Review & Subdivision Applications. Public Hearing: Approve or Disapprove the Completed Site Plan Review & Subdivision Applications. Mr. LaFrance said he would like to discuss the applications together. Mr. LaFrance addressed the Board noting the following were items they wanted: . To subdivide a portion of property on which the hotel will be built into two sections . To have 38 units in phase I of the project and 25 units in phase II . To get approval for the H1 building . To have approval for the grading and utility plans for future buildings . To make note that the G-Lift and parking lot area were approved in 2004 . To note a lift was added to the application . To approve the day skier parking lot . To approve the retention pond . To approve Loon's maintenance facility - which will be a future development . To note cooling tower information . To note there would be 65,000 sq. ft. of residential space M. LaFrance said he would like to have plans for Site Plan Review and Subdivision accepted tonight even though there are engineering works in progress. Selectmen's Representative Moore said any acceptances would be based on the H1 building only as the applications do not include the other information or buildings discussed. He stated a re-notice would have to be done to include all of the other sections or buildings that Centex was looking for approval on. After some discussion Mr. Brisson requested the application for Site Plan review be withdrawn and to continue with the application for Subdivision. Selectmen's Representative Moore made a motion to accept the application for Subdivision as complete; seconded by Vice Chairman Chenard. Vote was unanimous. Member Hettinger made a motion to continue the application for Subdivision until February 14th, 2007; seconded by Clerk Spanos. Vote was unanimous. There was a 5-minute recess. 7:20 PM PUBLIC HEARING on the revisions to the LUPO, Subdivision and Site Plan Review ordinances regarding State mandated Floodplain changes to be voted on at 2007 Town Meeting: There was discussion on a few items in need of change. Selectmen's Representative Moore made a motion to change the language of program to FEMA's National Flood Insurance Program and adopt the proposed amendment to the LUPO, SPR and SUB Regulations; seconded by Vice Chairman Chenard. Vote was affirmative. Selectmen's Representative Moore stated they would like to skip the next few items and move to item #10. 7:30 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Chairman Romprey stepped down, as he is an abutter to Mr. Hayward. Mr. Sutton stated he had sent a letter to Mr. Hayward requesting him to come to tonight's meeting. Mr. Sutton indicated that he had spoken to Mr. Hayward on a few other occasions regarding fixing the fence behind his property and keeping it in good condition, which was a condition in Mr. Hayward's SPR approval. Mr. Hayward apologized for not having the fence fixed. He has not had time to do it, as it appears to need more work than he originally thought and the ground is now frozen and repairs can't be done. He stated he plans on doing the repairs in the spring. He believes the problem is that a bear continually comes through the fence and that is the reason it's not staying up. Mr. Sutton said the first time he spoke with Mr. Hayward was prior to the ground freezing. Mr. Hayward said he just didn't get to it. Member Hettinger asked whether or not the concrete used for the poles had shifted. Mr. Hayward said he was unsure whether that was the case or if a bear moved the concrete posts. Mr. Romprey said a windstorm did affect the fence in the 1st or 2nd week of August at which time he offered to help fix the fence. Mr. Hayward never appeared the day they were supposed to meet. Mr. Romprey said the original reason for the fence being repaired and connected at both ends was for privacy and to stop the bear from bringing trash to the Legion or private homes in the area. Mr. Hayward said he has plans to fix the fence in the spring, as he doesn't feel anything can be done with it at this time because the ground is now frozen. Mr. Romprey said he would still offer his assistance to help with temporary repairs if Mr. Hayward would meet him and figure out what can be done for the time being. Mr. Hayward said he would. Selectmen's Representative Moore made a motion for Mr. Hayward to do what he can to temporarily support the fence until the spring when it can be completely repaired. Once the repairs, temporary and permanent, have been completed they needed to be inspected by the town to confirm compliance, seconded by Member Hettinger. Vote was unanimous. 7:52 PM REVIEW AND COMMENT on the MATRIX REPORTS and OPEN FILES pertaining to: A. Land Use Subdivision and Site Plan Applications/Approvals B. Building Permit Applications C. Sign Permit Applications There were no comments made. 7:53 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Selectmen's Representative Moore said he would like to review the Draft Sign Ordinance so that it may be presented for town vote at the March, 2007 Town Meeting. Clerk Spanos feels the revisions to the ordinance are more restrictive and Vice Chairman Chenard agreed. The Board reviewed some of the changes that were made. Selectmen's Representative Moore and Mr. Tremblay addressed questions the Board members had. Alternate Cook said the revised ordinance was a vision of what the sign committee would like the future of permitted signs to be. All existing signs would be grandfathered. Member Hettinger asked if a new larger business, a replacement for P&C Foods for example, would have to comply with the new regulations or if they could just replace the existing sign with their own. Selectmen's Representative Moore responded they had not thought about that. There was a discussion on the ordinance needing something to allow for special exceptions, whether it is by ZBA or BOS approval. The Town's Attorney will have to look at this. After a discussion regarding time tables, it was decided there would not be enough time for the public notice to be posted in the proper places to add it to this year's warrant articles. The Board will check with the Town's Attorney to see about whether it could be temporarily adopted for use until the next town meeting. Until then discussions will continue on any other proposed changes. 9:05 PM PUBLIC INPUT on Specific Issues - There was none. 9:05 PM ADJOURNMENT Vice Chairman Chenard made a motion to adjourn, seconded by Clerk Spanos. Vote was unanimous. Dated: February 14, 2007 Pat Romprey, Chairman