Planning Board Meeting Minutes - November 8, 2006

PUBLIC HEARING Lincoln Town Hall Conference Room Main Street, Lincoln, New Hampshire Present: Chairman Pat Romprey, Alternate John Hettinger, Clerk Jim Spanos, Alternate Edwin Fredie (6:17 pm) and Vice Chairman Joe Chenard. Staff Present: Stacey Havlock - Administrator, Ted Sutton - Town Manager Others Present: Steve LaFrance, Russ Cooley, Tamy Ham, Brent Druin, Johnna Hart, Michael Sabourin, Ed Brisson, Jeffrey Woodward, Lutz Wallem, Susan Chenard, Marion Malkasian, Alan Malkasian, Jon Ham, Liz Lambregtse 6:01 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. Member Bovarnick, Selectmen's Representative Moore and Alternate Cook were excused and Alternate Hettinger was seated. 6:02 PM CONSIDERATION of Draft Meeting Minutes for October 25th, 2006 Alternate Hettinger made a motion to pass over the minutes until next meeting as they were completed late and members did not have time to review them; seconded by Vice Chairman Chenard. Vote was unanimous. 6:02 PM CONSIDERATION of an application for Site Plan Review submitted by Michael Sabourin for Saber Mountain Properties, LLC (Tax Map 16 Lot 180) Proposal: Site Plan Review Waiver request to make an existing home into a business in the Village Center zone. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Sabourin addressed the Board requesting a waiver of Site Plan Review for a change of use on a residential home located in the Village Center District. He will be renovating the home to use as a commercial office. In his presentation he noted the following: . 2-3 full time employees . occasional customers at the property . upstairs will be a conference room . downstairs will be office spaces . there are 6 parking spaces in the back . it is an allowed use in the VC district Clerk Spanos made a motion to accept the application as complete; seconded by Vice Chairman Chenard. Vote was unanimous. Clerk Spanos made a motion to open the public hearing; seconded by Vice Chairman Chenard. Vote was unanimous. There were no discussions. Clerk Spanos made a motion to close the public hearing; seconded by Vice Chairman Chenard. Vote was unanimous. Clerk Spanos made a motion to approve the application and grant the waiver of SPR; seconded by Alternate Hettinger. Vote was unanimous. 6:05 PM CONSIDERATION of an application for Site Plan Review submitted by OJ Robinson for NLI, Inc (Whale's Tale Water Park) (Tax Map 20, between Lot 5) Proposal: Addition of a new water park ride/slide. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Woodward addressed the Board and reviewed the plans showing where the proposed new ride would be located. He noted the water usage for the ride would be coming from an existing pool and that State permits are being obtained. No other water or sewer usage would be needed other than what exists. Vice Chairman Chenard made a motion to accept the application as complete; seconded by Clerk Spanos. Vote was unanimous. Clerk Spanos made a motion to open the public hearing; seconded by Alternate Hettinger. Vote was unanimous. There were no discussions. Clerk Spanos made a motion to close the public hearing; seconded by Alternate Hettinger. Vote was unanimous. Clerk Spanos made a motion to approve the application with the condition of submitting State approvals to the Planning Board office once they are obtained; seconded by Alternate Hettinger. Vote was unanimous. 6:10 PM CONSIDERATION of an application for Lot Line Adjustment submitted by Steve LaFrance for Centex Destination Properties (Tax Map 2, Lots 3.3, 3.16 & 3.17) Proposal: Move lot lines of 2 parcels of and existing subdivision plan. Planning Board: Acceptance of the Completed Lot Line Adjustment Application. Public Hearing: Approve or Disapprove the Completed Lot line Adjustment Application. Mr. LaFrance addressed the Board stating the proposal presented is to adjust lots 16 & 17 of the Phase I subdivision plan. He mentioned the following points: . lots are still owned by Centex . both lots have easements for utilities, ski trails and a water main . back lot line will be moved further south to increase lot #16 from .37 acres to .7 acres and lot #17 will increase from .46 acres to .72 acres Chairman Romprey inquired if this was being done to make the lots sellable. Mr. LaFrance responded yes it was and because the parcel the acreage is being taken from, lot 3.3, is owned by Centex there isn't an impact on anyone. The acreage that will be taken will be .58 acres. Chairman Romprey inquired if the 3.3 parcel was in any development. Mr. LaFrance responded it was still raw land. Alternate Fredie arrived at 6:17 PM and was seated. Clerk Spanos made a motion to accept the application as complete; seconded by Vice Chairman Chenard. Vote was unanimous. Vice Chairman Chenard made a motion to open the public hearing; seconded by Clerk Spanos. Vote was unanimous. Mr. Malkasian questioned how close to the river the lots would now be. Mr. LaFrance responded the river was actually on the opposite end of the lots in consideration. Vice Chairman Chenard made a motion to close the public hearing; seconded by Clerk Spanos. Vote was unanimous. Vice Chairman Chenard made a motion to approve the application as presented; seconded by Clerk Spanos. Vote was unanimous. 6:22 PM CONTINUATION of an application for Site Plan Review/Master Plan submitted by Steve LaFrance for Lincoln South Mtn Partners, LLC - Rapids at South Mtn (Tax Map 16 Lot 310) Proposal: A planned unit residential development to include residential/resort and singles-family lots. Also roadways, parking and utilities will be discussed. Planning Board: Acceptance of the Completed Site Plan Review/Master Plan Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review/Master Plan Application. A letter was sent by Attorney Uchida on behalf of Lincoln South Mountain Partners, LLC dated November 2, 2006 withdrawing the application presented to the Board on September 27th, 2006. Mr. LaFrance approached the Board however, stating that LSMP did have another plan available they would like to present to the Board for comment. Chairman Romprey responded there were other items on the agenda so they would have to present it later in the meeting under other business. Chairman Romprey noted he would like to wait a little while before going over the CIP. He asked if Mr. Sutton had any business he wanted to bring up. Mr. Sutton noted he did under other business. 6:24 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Mr. Sutton stated he would like the Board to review an old SPR application for Arnold's Auto Center. He noted there have been ongoing complaints regarding the number of cars parked on that property and vehicles being parked in the right-of-way. Mr. Sutton mentioned he had letters on file from Mr. Placey from NH DOT and violations that have been given from 1999 to present. Chairman Romprey inquired if this discussion was due to a complaint and if so what was the complaint. Mr. Sutton responded a complaint was made regarding too many cars parked on the property and safety hazards with the cars being parked in right-of-way and in the line of site for traffic. Mr. Ham was not present at this time for comment on the conversation so Chairman Romprey stated he would like to continue the discussion later in the meeting when Mr. Ham was present. 6:36 PM CONSIDERATION Of Year 2006 (Draft) CAPITAL IMPROVEMENTS PROGRAM: There was a discussion on some of the estimated prices for two of the Public Works vehicles. Mr. Sutton noted those are only estimated costs and he would look into them for more accurate pricing. Vice Chairman Chenard made a motion to open the public hearing; seconded by Clerk Spanos. Vote was unanimous. There were no comments made. Clerk Spanos made a motion to close the public hearing; seconded by Alternate Hettinger. Vote was unanimous. Vice Chairman Chenard made a motion to adopt the 2006 CIP with revisions to the line items 61 & 62 if necessary; seconded by Member Spanos. Vote was unanimous. 7:05 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Mr. Ham arrived and Mr. Sutton reviewed the reason for the discussion again while he was present. Alternate Fredie inquired whether all possibilities had been exhausted prior to bringing this issue to the Planning Board. Mr. Sutton responded yes and that Mr. Ham has been very compliant in the past however the vehicles still remain an ongoing problem and an accident had occurred in the not to distant past as a result of that. Mrs. Ham noted the accident was not as a result of parked vehicles but due to bad weather. She noted a person was backing out and slid on some ice and slid into the back of another vehicle. It was noted there were approximately 6 wreckers on the property and 2-3 employee vehicles on a regular basis. The Ham's also use parking in the Sunny Day diner parking lot when it is closed and their personal vehicles are parked at their home. After Mr. Ham reviewed a copy of a Site Plan on file at the Town Hall he mentioned that was an older one and he had more parking spaces than the 14 the Board originally thought. He pointed the spaces out to Chairman Romprey. Mr. Ham noted he could bring in a newer Site Plan if necessary. Chairman Romprey noted his biggest concern was the ongoing safety issues. After reviewing the parking spaces with Mr. Ham Chairman Romprey agreed that Mr. Ham would clearly have 22 parking spaces and 4 spaces for vehicles inside his bay areas. Chairman Romprey noted that if at anytime Mr. Ham had more than 22 vehicles on the property or any vehicles parked in the line of site areas or parking in the right-of-way the Ham's would be ticketed for the offense. 7:19 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Mr. LaFrance addressed the Board and reviewed the conceptual plan for a cluster subdivision Lincoln South Mountain Partners would like to apply for in the future. The plan was similar to the previous one submitted under the PURD ordinance, which was determined not to be a valid ordinance. Mr. Sutton expressed he was displeased to see the conceptual plan did not have access to the swimming area and the easement to the bike path was not shown. Mr. LaFrance responded that any existing easements would have to be honored but were not shown on the plan as it was only a conceptual drawing. There was a discussion on the easements that would be needed throughout the property. There was some discrepancy on the lot sizes shown on the maps versus what the Board thought they needed to be. Chairman Romprey requested a letter from LSMP's attorney describing how he came to the lot square footages shown on the plan proposed. 8:05 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. 8:06 PM PUBLIC INPUT on Specific Issues - There was none. 8:07 PM ADJOURNMENT Vice Chairman Chenard made a motion to adjourn, seconded by Clerk Spanos. Unanimous affirmative vote. Dated: December 13, 2006 Pat Romprey, Chairman