Planning Board Meeting Minutes - December 13, 2006

PUBLIC HEARING Lincoln Town Hall Conference Room Main Street, Lincoln, New Hampshire Present: Selectmen's Representative Peter Moore, Vice Chairman Joe Chenard, Member John Hettinger, Clerk Jim Spanos, Alternate Edwin Fredie and Alternate Charlie Cook Staff Present: Susan Chenard - Secretary, Ted Sutton - Town Manager Others Present: Tom Adams, Liz Lambregtse, Lutz Wallem, Val Wallem, Wes Graves, Russ Cooley, Chester Kahn, Scott Mosher, Paul Fresolone (6:40 pm), William Burke 6:06 PM CALL TO ORDER by Vice Chairman Chenard; announcement of excused absences, if any, and seating of alternates(s), if necessary. Vice Chairman Chenard called the meeting to order and welcomed those present. Full quorum present. Alternate Bovarnick and Chairman Romprey were excused and Alternate Cook was seated. 6:06 PM CONSIDERATION of Draft Meeting Minutes for October 25th and November 8th, 2006 Clerk Spanos made a motion to approve the minutes of October 25th with one correction; seconded by Member Hettinger. Vote was unanimous. Member Hettinger made a motion to approve the minutes of November 8th with one correction; seconded by Clerk Spanos. Vote was unanimous. Member Hettinger, Alternate Cook and Selectmen's Representative Moore abstained, as they were not present for this meeting. 6:10 PM CONSIDERATION of an application for Site Plan Review submitted by Paul Fresolone (Tax Map 20 Lot 016) Proposal: Have a snowmobile rental shop located at 514 US Rte 3. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Fresolone was not present yet so Clerk Spanos made a motion to pass over this item until later in the meeting; seconded by Alternate Cook. Vote was unanimous. 6:11 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. 6:12 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) Mr. LaFrance addressed the Board with a revised plan proposal from Lincoln South Mountain Partners - The Rapids at South Mountain. He noted two of the owners were at the meeting; Russ Cooley and Wes Graves. Mr. LaFrance went on to note the following: . 25 acre parcel off South Mountain Road . 11/8 meeting had proposed 47 buildings . One duplex per 42,500 square feet at the 11/8 meeting . New plans show 41 buildings to reduce the density . Bank is very steep and no access off Route 112 . Each unit 13,000 square feet - 82 units . Each have 2 access roads . Access roads are Bunker Lane and South Mountain Road . Counsel has opinioned LSMP has deeded right to use Bunker Lane as long as there is an agreement for shared maintenance . Municipal water and sewer will be used Vice Chairman Chenard inquired whether the land across the river was used as part of the density calculations. Mr. LaFrance responded that had been deducted. Vice Chairman Chenard inquired as to whether the land on the other side of the Loon Mountain access road had been deducted from the density calculations. Mr. LaFrance responded it was a right of way and was included. Vice Chairman Chenard noted it needed to be deducted, as it has not been allowed in the past for other developers who have tried to use that same parcel of land. Vice Chairman Chenard inquired as to how LSMP were going to meet the required 50-foot right of way, as the Bunker Lane road is not that large. Mr. LaFrance responded they would not. The access along Bunker Lane has always been contemplated; as that was the way it was put into the deeds and it is common land. Member Hettinger questioned why the proposal Chairman Romprey suggested previously was not used regarding making a loop for the units at the end of the parcel to avoid conflict regarding Bunker Lane. Mr. LaFrance responded that was still a possibility but there is the right to use Bunker Lane and changing the plan to a looped plan would mean there would only be one access road instead of two. Member Hettinger questioned as to whether the tennis court area would be changed. Mr. LaFrance responded yes there is one unit located in that area. He noted the tennis courts would either be completely removed or they would be relocated to a different area. Selectmen's Representative Moore noted the right of way, as specified by the LSMP attorney, is subject to an agreement for the shared maintenance expenses. He noted he would take that to mean an agreement would have to be reached between the current ownership on Bunker Lane and LSMP. Mr. LaFrance responded that was correct. Selectmen's Representative Moore noted FEMA may possibly designate a significant portion of the property as flood plain and would like to know how that is going to be addressed. Mr. LaFrance responded that he had sat in on the meeting that was held with the Army Corp of Engineers and it was made pretty clear that it was unlikely that the Army Corp of Engineers was going to come into town and fix the levy on their own and it appeared that the Town of Lincoln had an obligation to do so at least in FEMA's eyes according to an agreement made a number of years ago. There was a discussion on whether the units would have to be raised in elevation if at a point it is deemed the levy is no longer usable which will mean the 100 year flood plain area would change. Mr. Sutton noted he is working with the Corp of Engineers and FEMA based on the fact that there was a 300-year flood in 1995 and there may possibly be funds available for repairs due to that. He also noted there is only one area of the levy that needs to be repaired but he is unsure right now as to if money would become available to repair the levy. Selectmen's Representative Moore noted that the project would be done in phases and questioned Mr. LaFrance as to when the project would be started and where on the property. Mr. LaFrance responded they haven't really hammered that out but they have discussed a few different ideas. Member Hettinger inquired if there had been discussion with the owners of the Links Condominiums as to what would be done with the tennis courts. It was noted a discussion had been held and an agreement has not been reached. Member Hettinger questioned the path to the swimming hole that was on the plans originally presented. Mr. LaFrance responded the path at the top of the levy would be maintained. He noted the area was outside the limited common area. Alternate Cook questioned a previous statement that the lots would be large enough for an owner to build either a single family home or a duplex and how those would be sold. Mr. LaFrance responded it was the intent as they were strumming along that the owner may build some duplexes and possibly sell some lots to other people who could build their own duplex or put a single-family home on the lot but the lots cannot be subdivided. Mr. Sutton questioned the size of the buffer between the first condo and Main Street. Mr. LaFrance responded it was 100 feet. Selectmen's Representative Moore mentioned he had some outstanding concerns: . Public bike path . Swimming hole access . Bunker Lane issues - legal concerns will have to be conditions as part of any approvals . Which lots would be available for single family homes versus duplex lots It was noted the plan at the present time was to have approximately 10 lots that could have single-family homes built on them. Selectmen's Representative Moore made a motion to open the public discussion; seconded by Clerk Spanos Vote was unanimous. Mr. Kahn stated the whole project appears to be on Bunker Lane and is a driveway access to the Fairways. He also stated he does not believe the opinion of the attorney is correct. Mr. Kahn noted he believes that in the Planning Board minutes from approximately 1988, it is noted that Bunker Lane ends at a certain point and the extension of the Fairways is not actually Bunker Lane but a driveway. He noted the only right of way in that area is for Town of Lincoln vehicles and the people that need to travel across to go up to the water gauging station area. Mr. Kahn questioned whether there were going to be covenants that prohibited people from say putting up pink or blue houses. It was responded there would be covenants in place. There was a discussion on where the water and sewer lines would be run. Mr. Sutton noted he feels the plan being shown tonight is much improved over the previous two presented. He feels more comfortable with the amount of green-space shown on this plan but he still believes there is still a lot of work that needs to be done with the right of way for the continuation of the bike/walking path. Mr. Sutton noted the swimming area is still a very important situation with a lot of people in town and it would be nice to be able to access that. He gave a brief overview of the meeting that was had with the Corp of Engineers regarding the flood plain and the levy. Mr. Kahn noted the plan is better than the other ones that have been seen. He feels however that the bike path and swimming hole access would create more traffic on Bunker Lane, which is a private road. Clerk Spanos made a motion to close the public discussion; seconded by Member Hettinger. Vote was unanimous. Alternate Fredie noted he is significantly perplexed about the floodplain issues and it doesn't make sense to him why they, as a town, would put more homes in a hazard. Alternate Cook noted he felt it was generally a good plan but there were some issues -the duplex/single family option, the Bunker Lane problems as well as the potential issues with the floodplain. Member Hettinger noted the design has improved however needs work regarding Bunker Lane, the dike; the tennis court needs more definition, the swimming hole, bike path, the cul-de-sacs and covenants for the design. Clerk Spanos stated he is concerned how land that has been designated perpetual open space can be used as part of density calculations and he wants to make sure nothing is done to further weaken the dikes. Vice Chairman Chenard also questions whether or not the land designated as perpetual open space for the Links can be used for the Rapids project. He is still having reservations regarding the duplexes and the parts of the cluster development. He noted other than that he feels the plan presented is a better one. Selectmen's Representative Moore stated the new plan is a much closer project to the type the Board would like to see in that area. He noted the issues that have been brought up especially the ones that are addressable at this time need to be addressed before additional project submissions. He stated he would like to see the developers build their project and the issues with the town regarding the bike path and the swimming hole could be worked out. Selectmen's Representative Moore mentioned as far as the individual lots or the footprints of the buildings being sold he does not have a problem with them as long as it is noted in the covenants. He mentioned that Bunker Lane is a non-issue until there is a challenge at which point that would have to be addressed during approval if there is one. The approval could be subject to a resolution of the Bunker Lane problems. He mentioned the ongoing issue with the repair of the dikes and the floodplain. Even though people can build in the floodplain no one really wants to have to build for a flood if they don't have to. He noted the larger issue with the repair of the dikes is ongoing, and as it develops the town will have to figure out how to address that. But he does feel the plan that was presented, with noted acceptions, is pretty close to workable. Mr. Cooley noted it had been suggested at this time to hold off on the bike path and swimming hole access as they do not want to be bound to anything until a selectmen's meeting is held but they do want to work with the town to make the property a good one for everyone. Vice Chairman Chenard noted there is not any hammerheads shown and only sees 2 parking spaces per unit however he doesn't see any overflow parking. Mr. Cooley responded most would have a garage as well. Mr. LaFrance, Mr. Cooley and Mr. Graves noted they would have to discuss the future design of the project and did receive some good directions from the Board and will be back at a later date. A 5-minute recess was taken. 7:35 PM CONSIDERATION of an application for Site Plan Review submitted by Paul Fresolone (Tax Map 20 Lot 016) Proposal: Have a snowmobile rental shop located at 514 US Rte 3. Planning Board: Acceptance of the Completed Site Plan Review Application. Public Hearing: Approve or Disapprove the Completed Site Plan Review Application. Mr. Fresolone was present and approached the Board. He noted he has to put up a building on the North side of his mother's existing pizza shop. He noted the building will be used for a snowmobile rental shop. Vice Chairman Chenard noted a building permit is generally applied for after obtaining Board approval. Vice Chairman Chenard questioned how many parking spaces were on the property at this time. Mr. Fresolone responded he believed there were about 20 spaces. Vice Chairman Chenard questioned how many seats were in the existing restaurant. Mr. Fresolone responded 25. Vice Chairman Chenard noted approximately 10 of the spaces would need to be used for the restaurant area, employees and the residents. Vice Chairman Chenard questioned how many snowmobiles would be rented. Mr. Fresolone responded currently he had 10 and it is his prediction that he would like to have about 20 as a final number. Vice Chairman Chenard responded he would need 10-15 spaces for the snowmobile shop. Mr. Fresolone responded the restaurant is usually not busy during the day. Selectmen's Representative Moore noted that Mr. Fresolone would not be able to add more snowmobiles to the business, as parking spaces that are currently there would not accommodate more rentals. Mr. Fresolone responded that is why he kept the van because if he has a deal going on with a local hotel he can go a pick up the passengers and there would not be cars parked for those say 16 people. Selectmen's Representative Moore noted if an agreement were to be reached for the parking there would be a condition to limit the number of snowmobiles that can be on the property and if more snowmobiles were added Mr. Fresolone would have to come before the Board again. He also noted that another issue would be that day rentals would probably be a condition so any type of lighting is not added to be offensive to neighbors. Mr. Fresolone responded his insurance would not allow night use rentals anyhow. After discussion it was decided that about 5 spaces would be needed for parking to accommodate the 10 snowmobiles. Member Hettinger inquired if any type of gasoline would be stored on the property. Mr. Fresolone responded there would be a 100-gallon storage tank for fuel. Member Hettinger inquired as to where the snowmobiles would be stored during the winter and the summer seasons. Mr. Fresolone responded they would be parked behind the shed for the winter but has not really thought about the summer storage but he believes they would just be put on trailers and covered up in that same area. Vice Chairman Chenard asked what Mr. Fresolone was going to be using for signage. Mr. Fresolone responded he would have one sign on the building and one on the van. Vice Chairman Chenard reminded Mr. Fresolone he would have to apply for a permit for the signage. Selectmen's Representative Moore 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 Member Hettinger. Vote was unanimous. There were no discussions. Clerk Spanos made a motion to close the public hearing; seconded by Member Hettinger. Vote was unanimous. Selectmen's Representative Moore made a motion to approve the application with the following conditions (1) Site Plan drawing needs to be presented to the Board, (2) Business limited to 10 snowmobiles, (3) Business is to be conducted on a day use basis only, (4) No additional lighting for night storage; seconded by Alternate Cook. Vote was unanimous. 8:00 PM CONTINUING & OTHER BUSINESS (Staff and Planning Board Member/Alternates) The Board reviewed the Mountain Residential (MR) section of the Land Use Plan Ordinance. There was discussion on whether or not a duplex unit should be allowed in that zone as currently it is marked as N/A but multi-unit buildings are allowed. It is noted that a duplex should be allowed with a minimum lot size of 30,000 square feet, which is the same as required for a single family home. This will be looked into further. Vice Chairman Chenard suggested the town meeting notes and planning Board minutes be checked for the years 1998 - 2001 as he believes that is when the Mountain Residential zone was adopted. Vice Chairman Chenard noted the Board needed to work on the cluster ordinance for clarification as noted at a previous meeting. Selectmen's Representative Moore responded Attorney Malia was drafting a proposed ordinance for the Board to review. 8:18 PM PUBLIC INPUT on Specific Issues - There was none. 8:18 PM ADJOURNMENT Member Hettinger made a motion to adjourn, seconded by Clerk Spanos. Unanimous affirmative vote. Dated: January 10, 2007 __________________________________ Joe Chenard, Vice Chairman