PLANNING BOARD TOWN OF BELMONT, NH

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1 PLANNING BOARD TOWN OF BELMONT, NH Monday, November 26, 2018 Belmont Corner Meeting House Belmont, New Hampshire Present: Absent: Staff: Chairman Peter Harris; Vice Chair Ward Peterson; Members Rick Segalini, Jr., Kevin Sturgeon, Gary Grant and Jon Pike Ex-Officio. Member Michael LeClair. Candace Daigle, Rick Ball, and Colleen Akerman. The chairman opened the meeting at 6 p.m. and welcomed those in attendance. Plan Submission Meeting and Public Hearing Andrew Grant/Meagan Benoit and Jon & Tracey Rich: Continuation of a request for a one-year extension (8/28/19) of a previously approved Boundary Line Adjustment to transfer 10 acres from Tax Lot to Properties are located at 333 & 389 Province Road, in the R Zone. PB # 2518P. P. Harris explained that the applicants received conditional boundary line adjustment approval on 08/28/2017 to transfer 10 acres from to with no waivers requested or granted. As of 10/22/2018 all conditions remained outstanding: review plan, set pins, final plans, review deed, final deed with subordination documents and meeting at the Registry to record the plan and deed. No one was present at the 10/22/2018 meeting and the hearing was rescheduled for 11/26/2018. W. Peterson moved that the application be accepted as complete for the purposes of proceeding with consideration and making an informed decision. However, additional information shall be requested as necessary and must be submitted to complete review and act on the application. Action on this proposal shall occur by 1/30/19 subject to extension or waiver. The motion was seconded by R. Segalini and carried. (6-0) The chairman stated the following definition will be used to determine if the applications before the Board tonight have a regional impact. He explained that in order to provide timely notice, provide opportunities for input and consider the interests of other municipalities, the Board shall act to determine if the development has a potential regional impact as defined by RSA 36:55. Impacts may include, but are not limited to: relative size or number of dwelling units as compared with existing stock; proximity to the borders of a neighboring community; transportation networks; anticipated emissions such as light, noise, smoke, odors, or particles; proximity to aquifers or surface waters which transcend municipal boundaries; shared facilities such as schools and solid waste disposal facilities. J. Pike moved that the proposal does not have a potential regional impact.

2 BELMONT PLANNING BOARD 2 November 26, 2018 The motion was seconded by G. Grant and carried. (6-0) The chairman opened the public hearing. Mr. Jon Rich was present for this application. He explained that the 10 acres will remain undeveloped and in Current Use. C. Daigle commented that it does not appear that any changes have occurred in the Ordinances and Regulations that would impact this proposal. The chairman asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing. Board s Action Andrew Grant/Meagan Benoit and Jon & Tracey Rich: W. Peterson moved that the application for extension be granted Final, conditional approval as it appears to meet all of the technical requirements of the Ordinances and Regulations of the Town of Belmont with the following conditions: 1. This action is based on a plan or plan set dated July, The extension is to 8/28/19 and all original conditions apply except as amended herein. 3. All remaining processes shall be regulated under the current version of the Belmont Subdivision Regulations 3/26/ Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 8/28/19 unless all conditions precedent have been met and the approval has been signed, the approval has been recorded or required security has been posted to begin the improvements, or an approval extension application is submitted and is granted. The Board is not required to grant additional extensions. Notice to the applicant and/or a public hearing are not required for the Board to determine that a conditional approval has expired. Reapplication in the case of an expired conditional approval requires a new application meeting all applicable Regulations. 5. All conditions of the original approval remain in effect. 6. Compliance hearing shall be held by Board as necessary. 7. No changes shall be made to the approved plans unless application is made in writing to the Town. 8. The Board is under no obligation to approve subsequent extension requests. The motion was seconded by R. Segalini and carried. (6-0) Plan Submission Meeting and Public Hearing First Baptist Church of Belmont: Request for Site Plan approval to convert first floor to Thrift Shop and Food pantry owned, operated and strictly accessory to the adjacent primary Church use. Property is located at 45 Church Street, Tax Lot , in the RM Zone. PB # 2918P. W. Peterson moved that the following waiver requests be granted: a. Plan scale because this is a simple plan well understood at 30 scale. b. Surveyed plan and related survey items because there are minimal exterior changes

3 BELMONT PLANNING BOARD 3 November 26, 2018 with one path and one ADA ramp; the church lot is surveyed; the converted singlefamily dwelling structure complies with all setbacks; and all new activity will occur between the church and subject property. c. Lighting data with the following conditions: 1. The location of any existing lights be shown: a. at the proposed parking area; and b. on 45 Church Street subject area and structures 2. That any additional lights required by the Board s action be shown on the final plan. R. Segalini moved that the application be accepted as complete for the purposes of proceeding with consideration and making an informed decision. However, additional information shall be requested as necessary and must be submitted in a timely manner to complete review and act on the application. The Board shall act on this proposal by 1/30/19 subject to extension or waiver. The motion was seconded by K. Sturgeon and carried. (6-0) J. Pike moved that the proposal does not have a potential regional impact. The motion was seconded by R. Segalini and carried. (6-0) Pastor Andrew Barnes was present for this application. The chairman opened the public hearing. Pastor Barnes explained that the walkway will be paved, there will be no additional lighting and they will be using the church dumpster. Currently hours are Tuesday and Wednesday from 9:30am to 11am and Tuesdays from 6:30pm to 7:30pm but they would like to make it open more often. W. Peterson asked what the hours would be if there were sufficient volunteers. Pastor Barnes stated the hours would run anywhere between 9 am and 7 pm. The chairman noted there were no abutters present. C. Daigle asked Pastor Barnes to explain the church s plans for the building and potential second phase. He stated that the bottom floor of the building is for the food pantry. The pantry is currently in the church, but the daycare there limits accessibility. They hope to add a thrift store on the first floor in the future. Looking forward they would like to offer a teen drop-in center on the second floor. That project would come in on a separate application to the Board in the future. The chairman asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing.

4 BELMONT PLANNING BOARD 4 November 26, 2018 Board s Action First Baptist Church of Belmont: W. Peterson moved that the application be granted Final, conditional approval as it appears to meet all of the technical requirements of the Ordinances and Regulations of the Town of Belmont with the following conditions: Conditions (precedent) to be complied with or secured (as appropriate) prior to plan being signed and decision recorded. No site improvements or approved uses shall commence and no building permit shall be issued until plan is signed and decision recorded. 1. This action is based on a plan or plan set dated 10/1/ Submit final plans (6 full-sized paper, 1 reduced). Submit one copy for approval prior to submitting all required copies. Add/identify/include note on plan: a. Show handicapped parking in proposed parking area. b. No street-side parking. c. Indicate location of any existing/proposed exterior lights in proximity of parking, walkway and new building. 3. Update sewer, water and driveway permits to non-residential. 4. Payment of decision recording fee - for Notice of Decision. Check made payable to BCRD in the amount of $ Sign and return one copy of Town s Inspection Schedule. 6. Conditions precedent shall be completed no later than 11/26/ Compliance hearing shall be held by Board as necessary. Construction conditions to be complied with once plan has been signed and decision recorded: 8. Construction shall be monitored and certified by a consultant appointed by the Board at the applicant's expense if any. 9. Submission of building plans, approved by Building Inspector & Fire. Shall comply with all applicable building, fire, health, and life safety codes. Any fire protection system designs required by the Fire Department shall be submitted under stamp of the appropriate professional. 10. Property owner shall install all required traffic control and fire and life safety facilities and systems required by the Board and/or by other applicable Codes and Regulations. 11. For community water systems an EPA ID# from NH DES shall be submitted prior to occupancy of the site. 12. Obtain successful milestone observations from Land Use Staff as listed on Land Use Inspection form and additionally and separately all required inspections by the Building Official and Fire Department. General conditions to be complied with subsequent to plan being signed and decision recorded: 13. Approved uses include: Use of this property is restricted to accessory to the adjacent Church. Properties are to remain under identical ownership. Uses approved by this action are thrift store and food pantry. 14. All representations made by the applicant during the public hearing are incorporated as a condition of this approval. 15. Landscaping shall be maintained, shall be kept in a sightly manner and not allowed to

5 BELMONT PLANNING BOARD 5 November 26, 2018 deteriorate. 16. All exterior lighting shall be downcast and shielded from abutters and traffic. Any additions or changes to lighting must be approved by the Town. 17. Permits must be obtained for all signage, and signs for inactive, closed or abandoned uses shall be removed within 30 days. 18. No changes shall be made to the approved plans unless application is made in writing to the Town. 19. The Planning Board shall have the power to modify or amend its approval upon its own motion to do so. 20. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 11/26/19 unless all conditions are met or an extension is applied for and granted in accordance with the Regulations. Notice to the applicant and/or a public hearing are not required for the Board to determine that a conditional approval has expired. Reapplication in the case of an expired conditional approval requires a new application meeting all applicable Regulations. 21. Where there is a conflict within the information submitted by the applicant, the town shall determine the correct information to be applied. 22. Operational conditions of the Town and other agencies shall be met. Plan Submission Meeting Jason Drouin Custom Homes LLC: Request for Site Plan approval to construct a second story on part of existing structure (40 x 80 ) permitted as Contractor s Yard (building contractor with cabinet shop). Property is located at 15 Durrell Mountain Road, Tax Lot in the R Zone. PB # 3018P. P. Harris explained that this is a new application to construct a 3,200sf second story workshop addition with a 5 roof overhang on the easterly side of building and add a dust evacuation system. Mr. Jason Drouin was present for this application. Mr. Drouin explained that he asked for a waiver from submitting an updated site plan because not much has changed on the plan except to remove some trees. The second floor would go on top of what is already there and he is only adding a 5 eave. P. Harris observed that the workspace will be increasing, there would be parking needed for extra employees and there would be an overall increase in use. Mr. Drouin confirmed that the company is expanding. W. Peterson noted that the Board has granted some small changes for a 10-20% increase in square footage, but this application significantly increases the square footage, and that is one reason that the site plan should be updated. Abutters will also have a chance to understand what is happening and comment on it. It shouldn t be a huge issue to update the site plan because there is already an existing site plan that only needs to be updated. Mr. Drouin explained that the flat section of the roof is leaking badly and that the proposed changes would resolve the leaking and mold issues. He had to shut the electricity off on that side of the building. They need a dry area upstairs to work. Everything will be well insulated and the evac systems are very

6 BELMONT PLANNING BOARD 6 November 26, 2018 quiet now. Mr. Drouin acknowledged that he needs to get rid of some things in the yard. He has someone who works full-time inside in the winter but there is not a lot of activity in the summer. They keep things self-contained inside. There was discussion by the Board that they have previously allowed proportionately sized changes, but there could be concerns from abutters with the impacts of increasing the workforce. Mr. Drouin responded that he has increased from 4 employees to 12 employees. He would like to get moving quickly and get the deck on for winter to prevent additional leaking and build the rest of it in the spring. P. Harris asked if it would be a hardship to put together an updated site plan. Mr. Drouin said no, that he would use Mr. Johnson again to plot out what is there, but he didn t think there were many changes to be made. Staff discussed that there is a lot going on outside that was not part of the previous approval. R. Ball noted that abutters are concerned with truck noise early in the morning. C. Daigle asked if other contractors are using the yard. Mr. Drouin replied no, that all of the vehicles are his. C. Daigle recommended that items in the yard need to be straightened up or removed and an updated site plan would help corral things in the yard. The dumpster needs to be on a solid surface and screened. Mr. Drouin explained that he has been too busy to deal with the issues going on and has delayed moving forward with this project. R. Ball suggested that Mr. Drouin work with his neighbors ahead of time and plan on some landscaping/plantings to help shield things in the yard. R. Segalini moved that the waiver from submitting an updated site plan be denied and that the application is incomplete because of the Board s precedent in requiring updated site plans, the value of an updated site plan for review of compliance and future use, to show changes since the 2008 site plan, because there is already a surveyed site plan which can be updated, and this is a commercial use in a primarily residential area permitted by Special Exception for which a current plan should be available; and that this application be tabled until 6 pm, Monday, January 28, 2019, to give the applicant time to present additionally required information. The motion was seconded by W. Peterson and carried. (6-0) Plan Submission Meeting and Public Hearing 603 Storage: Request for Site Plan approval to construct 20,000sf self-storage buildings (warehousing/self-storage interior). Property is located on Gilmanton Road, Tax Lot in the C Zone. PB # 3118P. P. Harris explained that 603 Storage requested that this meeting and hearing be tabled to January 28, W. Peterson moved that the application is incomplete as described by the Staff Report and that the plan submission meeting and public hearing be tabled until 6 pm, Monday, January 28, 2019, for that reason, and at the request of the applicant. OTHER BUSINESS:

7 BELMONT PLANNING BOARD 7 November 26, 2018 Approval of Minutes 10/22/2018: On a motion by R. Segalini, seconded by G. Grant, it was voted unanimously to approve the minutes of October 22, 2018 as written. (6-0) Staff Report: Mooney Subdivision - Tax Lot : C. Daigle explained that Mr. Mooney has submitted an application to amend the conditions of his Subdivision Approval to allow partial above ground utilities. The utilities would be above ground for some distance from across the road, then underground to the structure. Zoning Amendments: C. Daigle reported that the petition period is from 11/12/2018 to 12/12/2018 and there have been no petitions to date. Staff has no zoning amendments to present based on prior discussion with the Board. BBE - Tax Lot : C. Daigle commented that they are ready for road acceptance. The second coat of pavement went down today. R. Segalini commented that the punch list seems complete. Staff will attend a final inspection and review record drawings. BBE and Staff are happy but this gives DPW more roads to maintain. Amily - Tax Lot : C. Daigle explained that they will not be finishing this year, for the second year in a row. A.E. Mitchell - Tax Lot : C. Daigle updated the Board on the progress of this project. They are continuing construction of climate-controlled storage and a premium car wash at the top of Prescott Hill Road, maintaining area for some larger use north to the Laconia line. Nutter - Tax Lot : C. Daigle explained that Nutter recently hauled from the pit down Wareing and out South Road to Shaker Road, for a job on Shaker Road. It was a one-day haul, and Staff acknowledged it. When Nutter and Parent were approved, it was agreed that if there was a job in the neighborhood, they would not have to go all the way around. Staff allowed that to happen that day. If the Board has a problem with this, Staff will not allow it next time. J. Pike said to call DPW when these requests come in. C. Daigle stated that DPW and the PD were both called. K. Sturgeon observed that this job would otherwise require them to haul down Main Street. The Board says to use common sense. Staff is only checking with the Board because there has been so much discussion lately. Nutter Tax Lot : Nutter also submitted a written request to extend their reclamation completion date at 41 Stone Road from 12/31/2018 to 08/31/2019 due to continual wet weather. The hole is full of water and they have the material there to fill it. Staff would support this request because we have $16,274 security posted until 01/09/2019. Valid security will be maintained. K. Sturgeon moved that Nutter be granted an extension on their reclamation completion date from 12/31/2018 to 08/31/2019. The motion was seconded by G. Grant and carried. (6-0) Blue Sky - Tax Lot : C. Daigle explained that Blue Sky has applied for a 40 x 80 x 20 membrane structure to store loaders in winter. It will be on blocks with a dirt floor. It is not less than

8 BELMONT PLANNING BOARD 8 November 26, to any property line. Staff suggests it be allowed as a temporary incidental structure. The scale house is the only building there now and there are no permanent structures on the site. P. Harris moved that a 40 x 80 x 20 temporary membrane structure is incidental and creates a minimal impact which does not require Site Plan approval because it is temporary, far from abutters and creates no increase in business use. The motion was seconded by K. Sturgeon and carried. (6-0) C. Daigle reported that Blue Sky will also be applying for a variance to excavate in non-aquifer areas with less than 4 separation, and then amend their Earth Excavation permit to quarry ledge. This will include blasting, but minimal processing. The ledge will be put into aluminum trailers for transport. Atlantic Broadband Tax Lot : C. Daigle explained that they have a back lot that was previously approved for some paved parking and a small fenced-in equipment storage area. They would like to place a 12 x 20 storage shed on the pavement in the same area. When reviewing their application, an unpermitted 8 x 10 shed was found. It was there prior to Atlantic Broadband s purchase of the lot and may have been moved from the front lot to the back lot. The sheds will store on-site snow removal and mowing equipment. Both sheds conform to setbacks and are within the area approved to be developed/used. Staff recommends permitting the sheds. W. Peterson asked if Staff knows the distances on the sheds. C. Daigle replied that all setbacks are shown on their building permit applications. W. Peterson moved that a 12 x 20 shed and an 8 x 10 shed are incidental and create a minimal impact which does not require Site Plan approval because it is temporary and creates no increase in business use on an otherwise vacant lot. SK McDonald Subdivision Tax Lot : C. Daigle stated that SK McDonald made a request to provide security for driveway pavement, fire pond dredging, roadside ditching, and stone wall reclamation until July SK McDonald will complete the driveway stubs, clean the ditches and cut back the sight distances. They have a builder interested in 8 of the lots, but the subdivision plans can t be signed or recorded until the conditions are met. Road drainage and site distance were concerns of the Board and these conditions were specifically noted on the plans. They have since requested to have the plans signed first, and they would do the driveway, ditching and sight distance work as the lots were developed. Staff denied their request because there would be no guarantee, and it wasn t approved by the Board. C. Daigle acknowledged that their request for security is fair. SK McDonald will build the driveway stubs, clean the ditches and cut back the sight distances before the lots are sold. The driveway plans will keep almost 100% of the stormwater on the properties. J. Pike commented that Leavitt and Plummer Hill Roads are on the list for road work after Hurricane and Jamestown Roads. C. Daigle explained that SK McDonald will complete the driveway stubs, clean the ditches and cut back the sight distances; the plans will be signed; the lots will be sold; and the rest of the work will be done in the spring by SK McDonald or with their security by 07/24/2019. There was discussion about the fire pond and whether building permits can be withheld until the fire pond is completed. C. Daigle responded that building permits cannot be withheld if we accept security, but fire pond completion could be a condition of Occupancy. C. Daigle proposed that SK McDonald s request would not be dangerous to the Town because we will have their security, based on an engineer s estimate.

9 BELMONT PLANNING BOARD 9 November 26, 2018 W. Peterson moved to require security for the driveway pavement, fire pond dredging, roadside ditching, and stone wall relocation until 07/24/2019 and require that the work must be completed prior to issuing Certificates of Occupancy. All other required work will be completed prior to plan recording. Adjournment: On a motion by R. Segalini, seconded by W. Peterson, it was voted unanimously to adjourn at 7:00 p.m. (6-0). Respectfully submitted: Colleen Akerman Building & Land Use Clerk