PLANNING. BOARD Meeting Minutes March 18, :00 PM Warner Town Hall, Lower Level

Transcription

1 TOWN OF WARNER PLANNING BOARD Meeting Minutes March 18, :00 PM Warner Town Hall, Lower Level Members Present: Ed Mical, Barbara Annis, Rick Davies, and David Hartman Alternates Present: Don Hall, Alan Piroso and Ben Frost Members Excused: Peter Wyman, Aedan Sherman and Dan Watts Land Use Secretary: Stephen Laurin 1. OPEN MEETING AT 7:00 PM 2. ROLL CALL Ed Mical opened the meeting and the roll call was taken. Mr. Mical designated Don Hall to sit for Peter Wyman, Alan Piroso to sit for Dan Watts, and Ben Frost to sit for Aedan Sherman. 3. PRESENTATION BY NEIL NEVINS, regarding Jim Mitchell Community Park site plan Neil Nevins is expected to arrive at 8 pm. Ed Mical skipped to Unfinished Business until Neil Nevins arrives. 4. UNFINISHED BUSINESS Ed Mical noted that he had a conversation with Matt Waite regarding the Planning Boards Primary and Secondary Traffic Count locations. Matt s list included all three of the Planning Board recommendations for Route 103, as well as North Road, Pleasant Pond Road, a couple of locations on Pumpkin Hill Road, Kearsarge Mountain Road north of Kirtland Street, Waldron Hill Road off of North Village, and Red Chimney Road. David Hartman said the Selectmen will be considering the recommendations at tomorrow night s Board of Selectmen meeting. 5. DRAFT SITE PLAN REVIEW REGULATIONS, Discussion and possible vote to schedule public hearing. At this point in the meeting, Ed Mical presented a brief overview of the work of the Site Plan Review Subcommittee, He said they have changed every section of the Site Plan Review Regulations and have added language due to changes in the RSA s and to address situations that were not covered in the old version. He requested that the Board begin a section-by-section review of the draft Regulations tonight so the Board can discuss any questions members may have. Rick Davies noted that the subcommittee deleted a paragraph from Section I. Ed Mical said that Section II, Definitions, has been moved from the back to the front of the document to be consistent with the layout of the Subdivision Regulations and the Zoning Ordinance. Ben Frost referred to a memo he ed to Board members on March 4, 2013 with questions and comments about the Draft Regulations. He had questions regarding the definition of antennas. Rick Davies said the Telecommunications Ordinance clarifies the limits of the Town s authority to review communications technologies. March 18, 2013 Planning Board minutes 1 of 6

2 The Board clarified the definition of Corner Clearance. The Board changed Active and Substantial building and development to Active and Substantial building or development. Ed Mical suggested plugging in language from the Flood Plain Development Ordinance (2/16/2010) in the Flood Prone Area definition. Barbara Annis suggested that the definition simply refer the reader to the Flood Plain Development Ordinance. Ben Frost said he would find the definition of Flood Plain in the AASHTO standards and report back to the Board. Ben Frost noted that Active and Substantial Building or Development and Substantial Completion refer to RSA 674:39 regarding the statutory 5-year exemption. Active and Substantial Building or Development must be gained within 24 months in order to get the additional 3-years of vesting. Once a project has achieved Substantial Completion then it is permanently vested, and is protected from any future changes to the Zoning Ordinance and Regulations, except for certain things like Impact Fees, and public health and safety standards. The Board moved past Sections III and IV. The Board discussed the meaning of land clearing in the context of Site Plan Review, Section V. Ben Frost suggested specifying the Trip Generation ITE Manual, since there are many ITE Manuals. The Board discussed the threshold for requiring Site Plan Review with regard to vacancies in singleuse and multi-use buildings. Ben Frost proposed language that would provide for additional Planning Board review of conditions of an existing approval for projects prior to issuance of building permits, where construction has not begun for 5 or more years after approval. He also suggested adding to Section V, l, the following language: subject to the limits of the Planning Board s statutory jurisdiction. Discussion ensued regarding designation of which individuals in the Land Use Office and the Selectman s Office has authority to determine requirements for Site Plan Review. In response to a question from the Town Administrator, Jim Bingham, regarding the circumstances where an applicant would need to go the Selectman s Office, Mr. Mical said that it would happen during times when the Land Use Secretary is out of the office because of vacation, or the position is temporarily unfilled. He added there should always be someone at Town Hall who can determine whether full site plan review is required so as not to delay the inquiry to the next Planning Board meeting. Mr. Bingham said he would be hesitant to make a decision about determination of site plan review without first consulting with the Planning Board Chairman. The Board agreed to delete the words Selectmen Office-Secretary or from Section V, C, to provide that only the Town Administrator may make a determination of Site Plan Review in the absence of the Land Use Secretary during scheduled Land Use Office hours. Applicant may also appear before the Planning Board for determination. Neil Nevins and George Pellettieri arrived at 8:10 pm. Neil Nevins said he would like to provide an update on the Jim Mitchell Community Park, answer Board questions, and clear up any confusion that may exist regarding the site plan approval record. Mr. Nevins said he submitted correspondence to the Land Use Office in response to all the questions that were raised in a letter he received from Planning Board Chairman Peter Wyman on February 12, Ed Mical reminded the Board that the conditions of approval for the Jim Mitchell Community Park came up at the February Planning Board meeting, and that a letter would be sent to Mr. Nevins. The three outstanding items are the drainage easement, plans for the stage/amphitheatre design, and a plan showing the slopes and new location and orientation of the stage. Mr. Mical noted that although they March 18, 2013 Planning Board minutes 2 of 6

3 submitted something for the building permit, the plan for the stage design is still an outstanding item from the Planning Board approval. Discussion ensued regarding which items have been submitted and what the Planning Board is looking for. Neil Nevins referred to a letter he received on July 20, 2012 from Tracey Hallenborg informing him that there were still unmet conditions of approval. He said he submitted the plans for stage orientation and stage construction/design on May 10, After speaking with Tracey about her letter, it was his understanding that she would get back in touch with him if his submission of May 10 did not satisfy the conditions. Ed Mical said the Board would like to see a design that includes the roof and sides of the stage. The Building Permit application was passed around for Board members to view. Mr. Nevins said that Tracey Hallenborg told him that the stage design he submitted in May would indeed satisfy the Planning Board requirements. Stephen Laurin passed around the revised stage orientation plan submitted in February 2013, for Board members to review. Barbara Annis asked for details about the foundation for the stage. Ed Mical reiterated that he would like to see the stage as it will look in that location, with roof design, and the sides and back, to include labeling of materials. Rick Davies agreed with Mr. Mical that, at the time of Planning Board conditional approval, the Board was looking for details of the stage showing foundation, roof, sides, color, etc. Mr. Davies said that when they are at the point of providing the as-built plans, they include the landscaping/screening. Barbara Annis expressed her concern about emergency access on and off of the stage, as well as whether amplification of sounds will be directional. Mr. Nevins said they had a sound engineer look at the stage design. His advice was to not put any permanent sound system in the stage. The lighting would be basic spot lights that are interior to the stage. They have not yet made a decision on those details. Mr. Nevins said he is thinking of a half dozen can-flood lights, and no exterior lighting. George Pellettieri said the discussion at the original site plan review was that the only exterior lighting would be from the existing security lighting on the Bookends barn, that there would not be a permanent sound system, and that performances would end by 10:00 pm. David Hartman suggested that the Board decide how to proceed. He said that whatever the Board decides, he would like to ensure that the three outstanding conditions are satisfied within 90 days of today. Rick Davies read from Section V of the Site Plan Review Regulations that applied to the original approval requiring that conditions of approval be satisfied within 90 days, or that the Planning Board may grant an extension upon request by the Applicant. He said the Board understood at the time that it would take a long time to piece the project together. Ed Mical concurred with Rick that the Board was aware that it would take a long time to get the funds to complete the project. Ben Frost suggested that the Regulations do not clearly distinguish between conditions precedent and conditions subsequent. He said the Regulations seem to refer to conditions precedent; those things that must be met prior to final approval being granted and the plan being signed by the Planning Board Chairman. Don Hall and Alan Piroso felt that the Applicants came before the Board in good faith. The Board has expressed tonight what it wants to see from the Applicants, and should allow them to move forward with their project. Stephen Laurin said he would like the Board to take action this evening, for the record, to either concur with Mr. Nevins that efforts to satisfy conditions of approval have been ongoing; or, since it appears the old approval has lapsed, to waive the requirement for Site Plan Review and to restart the prior approval. March 18, 2013 Planning Board minutes 3 of 6

4 David Hartman made a MOTION that it is the judgment of the Planning Board that site plan approval granted on June 17, 2010 has not lapsed, and that the Planning Board restart the 90-day clock as of today, March 18, 2013, to meet the three following conditions: 1) Provide Planning Board a copy of easement for the drainage for the Town; 2) Provide the Planning Board with copies of the stage/amphitheater design prior to its construction, with the exception of the foundation; 3) Provide a copy of the property plan with slopes and new location and orientation of the amphitheater. The remaining conditions of the original approval will be met at some indeterminate date in the future, and are not subject to the 90-day deadline. Ben Frost SECONDED the motion for discussion. David Hartman verified for Ben Frost that his intention is to say the site plan approval has not lapsed due to the mixed signals and communications between the applicant and the Board. MOTION PASSED by a vote of Rick Davies voted in the negative. Discussion returned to the DRAFT SITE PLAN REVIEW REGULATIONS. Ed Mical noted that in Section V of the Site Plan Review Regulations, the subcommittee made a change stating that in the absence of the Land Use Secretary during scheduled business hours, the Town Administrator may make the determination for site plan review. Rick Davies made a MOTION to add language to the paragraph regarding predetermination, stating Upon making a determination that Site Plan Review is not required, all Board members shall be contacted so any members have an opportunity to appeal the decision. A copy of the application shall be placed in the Planning Board file for that lot for future reference. Barbara Annis SECONDED the motion. The Board discussed the process for appealing the decision, to whom the appeal is made, and a method for resolving the dispute. Ed Mical said the subcommittee, with support of the full Board, put this predetermination process in the Regulations to clearly specify the conditions under which site plan review is not required. He said he does not support this amendment. The Board further discussed whether to add Mr. Davies proposed language or to completely remove all the language regarding predetermination and require all applicants to come before the Planning Board. Rick Davies replaced the word appeal in his motion with the word object. Barbara Annis agreed to the change. At the suggestion of Ben Frost, Rick Davies added language to his original motion stating that all Board members shall be contacted by mail Barbara Annis agreed to the change. Roll call vote: Ben Frost, no; Alan Piroso, no; Don Hall, yes; Barbara Annis, yes; Rick Davies, yes; David Hartman, no; Ed Mical, no. MOTION FAILED, Barbara Annis noted that the time is approaching 10:00. She suggested if the Board continues with review of the draft Site Plan Review Regulations, they will run out of time for New Business, etc. Ed Mical said he would like to complete Section VI, regarding compliance with the Town s Zoning Ordinance before acceptance of Formal Application for Site Plan Review. Ben Frost referred to his memo to the Board regarding Section VI, 1 and 2. He said there is pending legislation that deals with integrated land use permits, which if it passes, would deal with the issues he March 18, 2013 Planning Board minutes 4 of 6

5 has raised. He asked the Board to ignore his comments at this time. If the legislation does not pass, he will bring up his concerns again for next years amendments. Stephen Laurin noted that his past practice has been to not accept an application for Subdivision/Site Plan Review if a Variance is required from the Zoning Board, due to the fact there is a clear violation of Zoning. A Subdivision/Site Plan application would be accepted if a Special Exception was required because there is not a violation of Zoning, but rather simply a requirement to meet the conditions specified in the Zoning Ordinance for grant of a Special Exception. Ed Mical agreed with Rick Davies that if, during the course of Site Plan Review, it was discovered that an applicant needed a Variance, that fact, alone, would not be grounds to deny the application. 6. NEW BUSINESS There is no new business 7. COMMUNICATIONS AND MISCELLANEOUS Ed Mical noted that a site plan application has been submitted for a new restaurant across the street at 2 East Main Street, and will be scheduled for public hearing on April 1. Stephen Laurin informed the Board that Attorney Christine Fillmore from the Local Government Center responded to the Boards inquiry regarding disposal of audio tapes. The new Rules of Procedure adopted in October of 2012 specified that audio tapes of Planning Board meetings be destroyed upon approval of the meeting minutes. The question that arose is whether the new rule applied retroactively to the tapes generated prior to the new rules. Attorney Fillmore verified that there are no laws preventing destruction of the tapes. As long as all of the minutes have been approved by the Planning Board, it would be consistent with the policy to delete all of the audio tapes. Stephen Laurin said Mark Nicholson, Nicom, Inc., is not available for the April 1 Planning Board meeting. Mr. Laurin will be in contact with Mr. Nicholson to schedule a meeting with the Board to review his plan revisions for outside storage and landscaping. Mr. Laurin noted that Pierce Rigrod with NHDES is available on April 15 to make a half hour presentation regarding an Aquifer Protection Ordinance. Ed Mical suggested that the Board complete its review of the Site Plan Review Regulations before scheduling any guest speakers. If they don t complete their review on April 1, it will carry over to the work session on the 15 th. Stephen Laurin announced upcoming workshops regarding a Broadband Forum at CNHRPC; Local Officials Workshops sponsored by the NH Municipal Association; Saving Special Places Conference sponsored by UNH Cooperative Extension; Drinking Water Source Protection Conference in Concord sponsored by NHDES. Online registration begins March 21 for the Office of Energy and Planning Spring Conference taking place on May 11, 2013 at the Radisson in Manchester. Rick Davies made a MOTION to encourage all Planning Board members to register for the OEP Spring Conference. Barbara Annis SECONDED the motion. MOTION PASSED unanimously, Rick Davies asked if there is a method to track expiration of Planning Board approvals and deadlines to meet conditions of approval. Stephen Laurin said there is no formal method for tracking approvals but that he researches the record as he comes across approvals. Barbara Annis asked when the Board might be reviewing expirations of Excavation Permits. March 18, 2013 Planning Board minutes 5 of 6

6 Ed Mical announced that he has decided not to continue his membership on the Planning Board and that this will be his last meeting. Rick Davies commented that Ed s attention to detail is exemplary and that he has always appreciated his concern about doing things per the regulations and is to be commended. 8. SUBCOMMITTE REPORTS None. 9. PUBLIC COMMENT No public present. 10. ADJOURN Meeting ADJOURNED at 9:50 pm, by a vote of on a MOTION made by David Hartman and SECONDED by Rick Davies. March 18, 2013 Planning Board minutes 6 of 6