Planning Board Meeting Minutes - June 13, 2007

PUBLIC HEARING Lincoln Town Hall Conference Room Main Street, Lincoln, New Hampshire Present: Chairman Pat Romprey, Vice Chairman Joe Chenard, Member John Hettinger, Clerk Jim Spanos, Selectmen's Representative Peter Moore, Alternate Charlie Cook, Alternate Edwin Fredie and Alternate Deanne Chrystal Staff Present: Stacey Havlock - Administrator, Ted Sutton - Town Manager Others Present: Chester Kahn, Russ Cooley, Rick Kelley, Susan Chenard, Liz Lambregtse, Steve LaFrance, Brent Drouin, Dennis Ducharme, Douglas Hayward, Edna Hayward, OJ Robinson, Gary Chaiken, Karen Martell (7:35) and Paul Kasianchuk 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. Clerk Spanos made a motion to convene the meeting until the Board and audience members returned from the site visit of the Lincoln South Mountain Partners stream; seconded by Member Hettinger. Vote was unanimous. 7:18 PM CONSIDERATION of Draft Meeting Minutes for May 23rd, 2007 Vice Chairman Chenard made a motion to approve the minutes of May 9th as presented; seconded by Member Hettinger. Vote was unanimous. Alternate Fredie and Alternate Cook abstained, as they were not present for this meeting. 7:20 PM CONSIDERATION of application for Site Plan Review submitted by Douglas & Edna Hayward for Nachos Mexican Grille (Tax Map 16 Lot 221) Proposal: To put decking on the northeast side and front of the building. 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 for this application and Alternate Fredie was seated. Mr. Sutton gave an overview of the plan submitted stating the following: . 4 foot deck on the front of the building . 8 foot deck on the side of the building - part of which is existing . 5 small deck lights would be used on the deck area . 36 seats would be added to the existing 36 approved seats . plan shows 20 12 foot parking spaces to accommodate 80 seats and approximately 3 parking spaces behind the building for employee parking Clerk Spanos made a motion to accept the application as presented as complete; seconded by Member Hettinger. Vote was unanimous. Member Hettinger made a motion to open the public hearing; seconded by Selectmen's Representative Moore. Vote was unanimous. Vice Chairman Chenard asked if music or live bands would be played outside. Mr. Hayward said he would be running speaker wires to the outside playing low music from the television and if a band were to play it would probably just be someone on the guitar and that would be done on the inside of the building. Member Hettinger asked if alcohol would be served on the deck areas. Mr. Hayward said yes there probably would be and he has obtained permission from the liquor inspector. Mr. Sutton stated Mr. Hayward would have to obtain permission from the Town as well. Mr. Kelley asked if this application was a new one or a continuation of the previous one. Vice Chairman Chenard said it was a new one that has been re-noticed. Mr. Romprey said he has no problems with what Mr. Hayward is doing however he would like to have a letter of some type stating if the fence, which is on Mr. Romprey's property, could be moved because of the sale of his property or something of that nature. Mr. Romprey said he told Mr. Hayward he didn't have a problem with the fence being at a zero lot line however it was put on his side of the property line. Alternate Chrystal gave a few solutions to the property but the one that seemed to suit Mr. Hayward and Mr. Romprey was for Mr. Hayward to sell the fence to Mr. Romprey for a dollar amount and make it known in the sales contract of the fence that Mr. Hayward would be responsible for the maintenance on the fence. Both parties agreed this would work. Mr. Chaiken said if the fence is on his property he would like to be included in this proposal with the fence as well. He also asked if the driveway was adequate for cars entering and leaving. Mr. Sutton said yes it was. Mr. Chaiken said the only problem he would see with the additions is there are sometimes delivery trucks that use his entrance or park so his driveway is blocked for access to his customers. Member Hettinger made a motion to close the public hearing; seconded by Alternate Fredie. Vote was unanimous. Clerk Spanos made a motion to approve the application with the conditions (1) Mr. Hayward and Mr. Romprey providing a sales agreement on the fence and (2) Certificate of Occupancy will be held until this sales agreement is in place; seconded by Member Hettinger. Vote was unanimous. Chairman Romprey was reseated on the Board. 7:43 PM CONTINUATION of application for Subdivision submitted by Steve LaFrance for Lincoln South Mountain Partners (Tax Map 16 Lot 310) Proposal: Seeks approval to subdivide a 25-acre parcel of land for a 78-unit resort residential development. Planning Board: Acceptance of the Completed Subdivision Application. Public Hearing: Approve or Disapprove the Completed Subdivision Application. Mr. LaFrance gave an overview of a few changes that had been made per discussions at the previous meeting. Vice Chairman Chenard asked what the turning radius was at the cul-de-sac as he figured it to be about 80 feet. Mr. LaFrance measured it and said it was 90 feet. Selectmen's Representative Moore asked if Mr. Sutton, who acts as the Town Planner, was satisfied with the issues that were previously mentioned. Mr. Sutton said after a meeting held earlier in the week he and Mr. Trzepacz, from Hoyle, Tanner and Associates, were satisfied. Chairman Romprey inquired how the Board felt on the stream. The majority felt that it was a permanent stream not seasonal or intermittent. After further comments from Board members it was determined that the Board would have another wetlands scientist come in to get a second determination on the stream. Mr. Sutton also said if a wetland scientist was going to be used to determine the stream they should also show the setbacks for the high-water mark. There was a brief discussion on the setback needs as well as the density of the project and whether this would need to go to the ZBA for approval. Vice Chairman Chenard made a motion to open the public hearing; seconded by Clerk Spanos. Vote was unanimous. Mr. Kelley said regardless of who is paying for the second opinion on the stream he feels at some point the Board is going to have to trust the results of the developer's experts they use to provide the information requested by the Board. Alternate Chrystal asked what formula the scientist used to determine the type of stream. Mr. LaFrance said there was a specific book that all wetland scientists are bound to use when doing determinations such as this. She suggested using the same specialist that LSMP's used and just ask him the questions that the Board still had for clarification on the type of stream. Mr. Kahn said he has been into Town Hall 2-3 times over the last week and the reports LSMP's were supposed to submit had yet to be submitted for public viewing. Mr. Sutton said he did have the reports since the Thursday prior to this meeting however Miss Havlock didn't get them until late Monday afternoon for public viewing. Chairman Romprey asked if the reports in question had been submitted to DES. Mr. Cooley stated they had done their due diligence and there was nothing in the reports that DES would be concerned with. Mr. Kahn asked who would be assuming the liability for the public easement walkways to get to the swimming hole. Mr. Sutton said that was still under discussion. After further discussion Selectmen's Representative Moore made a motion to get an independent review of the stream in discussion; seconded by Clerk Spanos. Affirmative vote. Vice Chairman Chenard abstained. Vice Chairman Chenard made a motion to continue the meeting to the June 27th meeting; seconded by Member Hettinger. Unanimous affirmative vote. Mr. Sutton said that all other reports that have yet to be submitted such as the test pit reports must be submitted before this next scheduled meeting. A 10-minute recess was taken. 9:22 PM PUBLIC HEARING for Planning Board recommendation for the conveyance of Map 16, Lot 312 (White Water Treatment Plant lot) to the North Country Center of the Arts (PaperMill Theatre) as proposed at the 2006 town meeting. Vice Chairman Chenard made a motion to open the public hearing; seconded by Member Hettinger. Unanimous affirmative vote. Mr. Sutton read into the record the warrant article as approved at the March 2007 Town Meeting, to convey a parcel of land to the North Country Center of the Arts. *A copy of this letter will be attached to the minutes of this meeting. It was said that the site would be completely cleared and cleaned up within 6 months of the transfer. Mr. Sutton said there would be a clause put in that if the NCCA were to sell the property the Town would get the right for first refusal. There will be meetings with the Board of Selectmen on July 9th and July 23rd, to discuss things such as easements and parking. Vice Chairman Chenard made a motion to close the public hearing; seconded by Member Hettinger. Unanimous affirmative vote. Member Hettinger made a motion to authorize the Town to move forward with the land conveyance; seconded by Vice Chairman Chenard. Affirmative vote with one nay. 9:39 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Selectmen's Representative Moore made a motion to continue the sign ordinance and building permit application discussions until the next scheduled meeting; seconded by Vice Chairman Chenard. Unanimous affirmative vote. 9:39 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. 9:40 PM PUBLIC INPUT on Specific Issues - There was none. 9:40 PM ADJOURNMENT Vice Chairman Chenard made a motion to adjourn, seconded by Clerk Spanos. Vote was unanimous. Dated: July 11, 2007 Pat Romprey, Chairman