Planning Board Meeting Minutes - April 25, 2007

PUBLIC HEARING Lincoln Town Hall Conference Room Main Street, Lincoln, New Hampshire Present: Chairman Pat Romprey, Vice Chairman Joe Chenard (6:24 pm), Member John Hettinger, Clerk Jim Spanos and Alternate Charlie Cook Staff Present: Stacey Havlock - Administrator Others Present: Chester Kahn, Steve Loynd, Vonni Loynd, Rick Kelley, Ralph Lewis, Stan Duda, Ed Brisson, Susan Chenard, Pat Bahr, Chris Mulleavey and Lutz Wallem 6:05 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. Selectmen's Representative Moore and Alternate Fredie were excused. Chairman Romprey noted Vice Chairman Chenard would be arriving late. Alternate Cook was seated. 6:06 PM CONSIDERATION of Draft Meeting Minutes for April 11th, 2007 Clerk Spanos made a motion to approve the minutes of April 11th as amended; seconded by Member Hettinger. Vote was unanimous. 6:07 PM CONSIDERATION of application for Site Plan Review submitted by Rick Kelley for Loon Mountain Recreation Corporation (Tax Map 5 Lot 002) Proposal: To put an addition on the children's Center building which will house the White Mountain Adaptive ski school program. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Kelley said they would like to put a 30-foot addition on the front of the existing building and move the turn around from the front of the building to the side. He said there was one possible issue and that was approximately 5 feet of the overhang of the porch addition would be encroaching the 50 foot easement for Loon Brook Road which would not meet the setback requirements. Mr. Kelley said the easement could be rewritten and moved if it was necessary. Chairman Romprey said that would be the cleaner way to fix the encroachment on the easement. Chairman Romprey asked if there would be any additional parking. Mr. Kelley responded there would not be. Clerk Spanos made a motion to accept the application as presented as complete; seconded by Member Hettinger. Vote was unanimous. Clerk Spanos made a motion to open the public hearing; seconded by Alternate Cook. Vote was unanimous. Mrs. Chenard questioned the reduced number of handicap parking spaces. Mr. Kelley responded there would still be handicap parking and that there isn't a specific number of spaces that were needed as long as they were provided. Clerk Spanos made a motion to close the public hearing; seconded by Member Hettinger. Vote was unanimous. Clerk Spanos made a motion to approve the application as presented subject to the easement being rewritten so the porch wasn't encroaching the right of way; seconded by Member Hettinger. Vote was unanimous. 6:15 PM CONSIDERATION of application for Site Plan Review submitted by Douglas Hayward for Nachos Mexican Grille (Tax Map 16 Lot 221) Proposal: To expand existing restaurant to second level. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Clerk Spanos made a motion to pass over this application at this time, as Mr. Hayward was not present; seconded by Alternate Cook. Vote was unanimous. 6:16 PM CONSIDERATION of application for Site Plan Review submitted by Steve LaFrance for Centex Destination Properties (Tax Map 2 Lot 3.3) Proposal: Seeks approval for Phase II of the Riverside Terrace Condominium project to include (15) fifteen, 8-unit buildings, roadways, parking, utilities and amenities. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Prior to stepping down as a noticed abutted Member Hettinger read a statement for Mr. Sutton who was not able to attend the meeting tonight. **A copy of the statement will be provided with the minutes of tonight's meeting. Being that Mr. Mulleavey had yet to arrive at the meeting Clerk Spanos made a motion to go back to Mr. Hayward's application; seconded by Alternate Cook. Vote was unanimous. 6:19 PM CONSIDERATION of application for Site Plan Review submitted by Douglas Hayward for Nachos Mexican Grille (Tax Map 16 Lot 221) Proposal: To expand existing restaurant to second level. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Chairman Romprey stepped down from this application as his wife is a noticed abutter and Clerk Spanos took over the meeting. Mr. Hayward said he was looking to expand his restaurant area and adding a bar to the second floor of his existing restaurant. He said he had been having a good season and wanted to capitalize on making some money while the chance was there. He said the existing size of the restaurant sometimes gets congested on busy nights. He said he was looking to have a total seating capacity of about 70 people if the square footage allowed it based on the fire chief's opinion. It was asked where Mr. Hayward's site plan was showing the lighting and parking details for his property. Mr. Hayward said he had submitted that information when he first came in for the change of use on the existing restaurant and was not aware he would need all of that information again. Mr. Hayward was asked what would happen to the existing apartment that was currently in use on the second floor. He said that would be removed and no one would be living there. Vice Chairman Chenard arrived at 6:24 pm. Clerk Spanos asked Mr. Hayward what the status was on repairing/completing the fencing to the rear of his property as part of his original approval for the restaurant in 2005. Mr. Hayward said the fence had been blown away in the storm the previous week but he would be replacing it. Vice Chairman Chenard asked what the hours of operation were going to be. Mr. Hayward responded it would be approximately 11:30 or midnight on the weekends but earlier during the week. Vice Chairman Chenard said he would recommend a complete site plan showing all the parking, lighting and dimensions, as they were not provided. Being there were items missing from the application Member Hettinger made a motion to disapprove the application as complete as presented; seconded by Vice Chairman Chenard. Vote was unanimous. Chairman Romprey was reseated on the Board. 6:47 PM CONSIDERATION of application for Subdivision submitted by Steve LaFrance for Centex Destination Properties (Tax Map 2 Lot 3.3) Proposal: Seeks approval for Phase II of the Riverside Terrace Condominium project to include (15) fifteen, 8-unit buildings, roadways, parking, utilities and amenities. Planning Board: Acceptance of the Completed Subdivision Application. Public Hearing: Approve or Disapprove the Completed Subdivision Application. Member Hettinger stepped down from the next two applications as a noticed abutter. Chairman Romprey asked Mr. Mulleavey to go over the concerns that were discussed between HTA (Hoyle, Tanner and Associates) and Mr. LaFrance from Horizon's Engineering. Mr. Mulleavey said HTA would recommend the plan as presented be considered for approval but there were a couple of areas in which Mr. Mulleavey and Mr. LaFrance have chosen to agree to disagree on. **A copy of the issues in question will be provided with the minutes for tonight's meeting. There was a brief discussion on the JE Henry trail. It was noted that it is not part of this particular application but Mr. Brisson stated that it is CDP's intention to retain the JE Henry trail as a feature of the South Peak Development and that he will continue working with the town to see what can be done to keep the trail open to the public.. Vice Chairman Chenard made a motion to accept the application as presented as complete; seconded by Clerk Spanos. Vote was unanimous. Alternate Cook made a motion to open the public hearing; seconded by Clerk Spanos. Vote was unanimous. There were no comments. Clerk Spanos made a motion to close the public hearing; seconded by Member Hettinger. Vote was unanimous. Vice Chairman Chenard made a motion to approve the application as presented; seconded by Clerk Spanos. Vote was unanimous. A 5-minute recess was taken. 7:25 PM CONSIDERATION of application for Site Plan Review submitted by Steve LaFrance for Centex Destination Properties (Tax Map 2 Lot 3.3) Proposal: Seeks approval for Phase II of the Riverside Terrace Condominium project to include (15) fifteen, 8-unit buildings, roadways, parking, utilities and amenities. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Mulleavey said there were similar issues with this application but ultimately some of them the Board will have to make the final decisions on. **A copy of the concerns discussed will be attached to tonight's meeting minutes. After the reviews and some discussion it was required that copies of the final as built plans be submitted to Bill Willey, the Superintendent of Public Works, within 12 months of construction. Vice Chairman Chenard made a motion to accept the application as presented as complete; seconded by Alternate Cook. Vote was unanimous. Clerk Spanos made a motion to open the public hearing; seconded by Vice Chairman Chenard. Vote was unanimous. Mr. Kahn asked about the flood plain zones and whether there would be an issue with the development if the floodplains were to change. Mr. LaFrance stated he didn't feel any changes would have an impact on this development. Mr. LaFrance said he spoke with a representative from FEMA after the Flood Plain public hearing and it was noted that the hydraulics are not going to be redone, but FEMA was going to redo some mapping based on new topography. There was a brief discussion regarding the sprinkler lines being used in the building. Clerk Spanos made a motion to close the public hearing; seconded by Vice Chairman Chenard. Vote was unanimous. So that the Board had more time to completely review the presented application Vice Chairman Chenard made a motion to continue the application for Site Plan Review to the May 9th meeting; seconded by Alternate Cook. Vote was unanimous. Member Hettinger was reseated. Alternate Cook commented he felt this meeting went very smoothly however when new applications are submitted it would be helpful to have the plans hung up so they can be viewed by the Board prior to hearing the application. 8:43 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. 8:44 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) There was nothing. 8:44 PM PUBLIC INPUT on Specific Issues - There was none. 8:45 PM ADJOURNMENT Vice Chairman Chenard made a motion to adjourn, seconded by Clerk Spanos. Vote was unanimous. Dated: May 9, 2007 Pat Romprey, Chairman