Planning Board Minutes 11.11.08

DRAFT DRAFT
TOWN OF BRADFORD
PLANNING BOARD
REGULAR SESSION
NOVEMBER 11, 2008
7:00PM

Call to Order and Roll Call:

Phil LaMoreaux, Chair called the meeting to order at 7:00pm with Barry Wheeler, Marcia Keller, Barbara Vannata, Sonny Harris, Bill Glennie, Jane Johnsen, Alternate, and Marge Cilley Secretary present. Charles Meany, Selectmen Representative and Jim Bibbo, Alternate were absent.

Review and Consideration of October 14, 2008 minutes:

Motion was made by Barbara Vannata to approve the minutes of October 14, 2008. Seconded by Barry Wheeler.

Phil LaMoreaux, Chair advised on page 3, O E Trucking Subdivision Application, under Conditional Use Permit will not be issued as all five conditions need to be met, should read: The Applicant requested that they were going to move the Right of Way to the adjoining lot from the originally proposed location.

Motion carried as amended. 6-0.

Review and Consideration of October 28, 2008, Site Walk at O E Trucking, 8:00 AM

Motion made by Marcia Keller, Seconded by Barry Wheeler to approve the minutes of the Site Walk. Motion carried 6-0.

To Do Folder:

1. Public Notice for the November 25th Work Meeting noted, regarding review of Site Plan Regulations and Subdivision Regulations.

2. Mark Goldberg – Abandoned Gravel Pit, acknowledgment received on Map 6, Lot 103.

3. Notice of Site Plan Review Required for Gateway Rentals, Map 3, Lot 82B

Gateway Rentals, Mr. Richard Deschenes, Jr. Map 3, Lot 82B:

Mr. Deschenes, came before the planning board regarding the Sandwich Board Sign for Breezy Hill Storage, which is not an approved sign on the Site Plan. It is considered an off premise sign. Phil LaMoreaux, Chair advised that if they would like to keep it as a permanent sign it would require a revision to your Site Plan. There would have to be a hearing, but not publicly noticed. Marcia Keller questioned if there were another sign on Route 103, and Mr. Deschenes advised he has already moved that to his property. An off premise sign can be 6 square feet. Phil LaMoreaux, Chair asked that Mr. Deschenes update his current Site Plan to show his current signs and any needed variance, that could be considered when the Application is submitted. Mr. Deschenes questioned if there were any other directions he should follow, as when he read the Site Plan Requirement, it did not say that it is required on a Site Plan Review. At this time, Phil LaMoreaux, Chair advised the Planning Board is charged with creating and maintaining Site Plan Regulations and one of the elements requested on the Site Plan Application is signage location.

Phil LaMoreaux, Chair advised a Site Plan Modification is not required, but a Site Plan Revision, which is the lowest level of Site Plan Review, is required for off premise sign to update his Site Plan. A form was given to Mr. Deschenes to complete and return to the Planning Board.

To Do Folder Continuation:

4. Letters Previously Sent on October 31, 2008

1. Mr. Skillings called and advised that this is not his gravel pit, Map 4, Lot 102, but belongs to Nelson and Betty Perron. A Gravel Pit Abandoned letter needs to be written to the Perron’s.

2. Christopher Payson, Abandoned Gravel Pit, Map 4, Lot 5

3. O E Trucking Letter regarding Off Premise Sign.

4. John Fortune, Abandoned Gravel Pit, Map 4, Lot 13

5. Harriett Hobbs, Gravel Pit needing attention, Map 7, Lot 29

6. Letter to Selectmen regarding DPX2, Map 3, Lot 52-2B

7. Peter Isham, Gravel Pit Update, Map 6, Lot 106

Peter Isham came before the Planning Board and presented plans that are in the works and advised he is planning on appearing with Robert Stewart, Jr. RCS Design with an application at the December 9, 2008 regular meeting.

A letter was received from CNHRPC stating Dues for the year are $1655.00 which is a $2.00 decrease from last year.

Conceptual Consultation:

Kate Linette, Lake Massasecum Road, Map 23, Lot 15:

Ms. Linette came before the planning board for a property line adjustment which is a boundary line adjustment. Phil LaMoreaux, Chair advised a Subdivision Application would be required, a deeded survey of both lots, hers and abutters would be required with bounds put in, and signatures from both property owners. Ms. Linette was also advised an application needs to be in 21 days prior to application meeting date, so abutters can be notified as well as public notice. Phil LaMoreaux, Char advised a request for expedited review can also be done.

Continuation:

O E Trucking Breezy Hill Road, Subdivision, Map 3, Lot 74A, represented by Dave Eckman, Eckman Engineering.

Phil LaMoreaux, Chair advised the board did issue Conditional Approval to the Subdivision on October 14, 2008, which were:

1. Relocation of Street Plat w/details
2. Full size plans (5) Mylar (1) for recording
3. Relevant monies paid
4. Deed Description.

Dave Eckman, Eckman Engineering presented new plans, with bounds set, two deeds with the easement on 74B. Right of Way was discussed at length.

Street Plat, O E Trucking, Breezy Hill Road, Proposed Map 3, Proposed Lot 74-1:

Dave Eckman, Eckman Engineering presented the board with copies of Requests for Modification of Street Plat Regulations.

R.F.M. 1 – Article XI – Checklist. Description of the regulation to be waived: List and notification of abutters and notification fees. We request that the requirement to list and notify all abutters for this project be waived because the abutters were previously notified as part of the subdivision/lot line adjustment application submitted for Tax Map 3, Lots 74, 74A and 74B.

Motion was made to approve this request by Bill Glennie, Seconded by Barry Wheeler.Motion carried 6-0.

R.F.M. 2 – Article XI.C.9 – Description of the regulation to be waived: Location of all structures within 100’ of the traveled way. We request that the requirement to show all structures within 100’ of the traveled way on the street plat be waived. Sheet B-1 previously submitted as part of the subdivision/lot line adjustment application for Tax Map 3 – Lots 74, 74A and 74B shows all existing structures within 100’ of the traveled way. Waiving this requirement allows the street plat to focus on the traveled way and the proposed structures and details.

Motion was made by Marcia Keller to approve this request, seconded by Barry Wheeler. Motion carried 6-0.

R.F.M. 3 – Article XI, Checklist. Description of the regulation to be waived: Obtain all other State and Local permits. The street plat application is being submitted at the request of the planning board as a condition to the pending subdivision/lot line adjustment application for Tax Map 3 – Lots 74, 74A & 74B and the proposed access is not anticipated to be constructed at this time. For these reasons we request that the requirements to obtain all other State and Local permits at this time be waived and would be obtained prior to construction of the access.

Motion was made by Barry Wheeler to approve this request, seconded by Bill Glennie.

Phil LaMoreaux, Chair advised that his concern is that if State and Local permits change, the applicant should be aware there may have to be a revision.

Motion carried 6-0.

R.F.M. 4 – Article XI.C.13 – Description of the regulation to be waived: Endorsement of Fire, Police and Selectmen that this road can be used in an emergency. The Street plat application is being submitted at the request of the planning board as a condition to the pending subdivision/lot line adjustment application for Tax Map 3 – Lots 74, 74A & 74B and the proposed access is not anticipated to be constructed at this time. For these reasons we request that the requirement of the endorsement of Fire, Police, and Selectmen at this time be waived and would be obtained prior to construction of the access.

Motion was made to approve by Barry Wheeler, seconded by Bill Glennie. Marcia Keller voted no. Motion carried 5-1.

R.F.M. 5 – Article XI, Checklist –Description of the regulation to be waived: Deed Description. We request that the requirement for a deed description for the street plat be waived. The reason for waiving the deed description is because there is a deed description for Lot 74B included with the Subdivision approval. Amended to include the deed description for Lot 74B which includes the described easement

Motion was made to approve by Barry Wheeler, seconded by Bill Glennie. Motion carried 6-0.

R.F.M. 6 – Article XI-Checklist. Description of the regulation to be waived: Definition of Existing or Proposed Easements & R.O.W. We request that the requirement to define the proposed R. O. W. on the Street Plat be waived. Sheet B-=1 submitted as part of the subdivision/lot line adjustment application for Tax Map 3- Lots 74, 74A and 74B shows the meets and bounds for the proposed R. O. W.

Motion made to approve the waiver by Barry Wheeler and seconded by Bill Glennie. Motion carried 6-0.

R.F.M. 7 – Article XI Application – Description of the regulation to be waived: Record street plat with MCRD.

We request that the requirements to record the street plat be waived because the R.O.W. and Lot 74-1 will be displayed on the sheets to be recorded with the MCRD as part of the pending subdivision/lot line adjustment application for Tax Map 3 – Lots 74, 74A and 74B.

Motion was made to approve the waiver by Marcia Keller, seconded by Barry Wheeler. Bill Glennie voted no. Motion carried 5-1.

R.F.M. 8 – Article XII.K.Table 1 – Description of the regulation to be waived: 2% Minimum grade within 100 feet of intersection.

We request to allow a grade of 2.50% within 100 feet of the proposed rear lot access and Breezy Hill Road. Using a grade of 2.50% from Breezy Hill road reduces the impacts to the wetland crossings by lowering the road grade at the crossings.

Motion was made to approve the waiver by Barry Wheeler, seconded by Sonny Harris. Motion carried 6-0.

Motion was made to grant approval of the Street Platt as modified by Barry Wheeler, seconded by Sonny Harris. Motion carried 6-0.

Martyn Chivers, O E Trucking 10 Breezy Hill Road – Subdivision Map 3, Lot 74, 74B.

Item 1 from the Notice of Decision conditions of approval have been met for the Subdivision which is the “Relocation of Street Plat w/details, and was approved 11/11/08.

Still needed are: #2 – Five full size plans and 1 Mylar for recording. #3 – Relevant monies paid and #4 – Deed descriptions. Phil LaMoreaux, Chair requested that all 5 copies of the plan and the Mylar needs to be signed.

Dave Eckman, Eckman Engineering handed out copies of the Site Plan to the Planning Board members. The Chiropractic Business will now be a full business and not a Home Business and will show accordingly on the plans. It was pointed out that the Right of Way to the back lot also needs to show on the plans. Also, the proposed off premise sign needs to be on the plan for the Chiropractic business which may not exceed 6 square feet. There will be no signs for the busses as they are just dispatched from there. Marcia Keller questioned the busses exiting onto Breezy Hill Road from the lower drive. The reason given for using the lower drive is due to the grade of the upper drive. It was brought up that a Transportation Engineer be brought in to review busses leaving the premises from the lower drive, at the applicant’s expense.

Motion was made by Marcia Keller to procure a Transportation Engineer as a consultant for guidance on which access would be best to use, the lower or upper drive. Seconded by Bill Glennie. Much conversation ensued regarding pros and cons of each access. Marcia Keller voted yes. Barry Wheeler, Barbara Vannata, Sonny Harris, Bill Glennie and Phil LaMoreaux voted no. Motion defeated 5-1.

Phil LaMoreaux, Chair brought up the bridge on Breezy Hill Road off Route 103 as being red listed, which means the State has identified it as having structural deficiencies. There are three deficiencies: Abutments, Structure and Deck. One deficiency can place a bridge as being red listed, and this particular bridge is red listed on all three deficiencies. The weight of the school buses are fine at this time. It was pointed out to the applicant that if this bridge were to fail, the bridge at the other end of the road is not approved for school busses either.

It was also noted that a note should be on the plan showing the temporary fuel storage tanks.

Continuation of the Site Plan will be on December 9, 2008 for O E Trucking.

Motion was made by Barry Wheeler to approve the Site Plan with the following conditions of approval: Motion seconded by Sonny Harris.

1. Application revised to strike reference to home business and show correct lot size.

2. Site Plan show the location of the Street Plat.

3. Comments regarding bus access be revised – Special Notes 2. removed 3.

Revised to say for provision of Right to Pass added to the deed for 74A.

4. Size and type of above ground Storage Tanks shown.

5. Off premise signs added to plan.

Special Note #3 on page 2 of the revised (dated 11/10/08) Site Plan plans to be revised as long as both lots, 74A and 74B are owned by Martyn Chivers, existing parking and access drives crossing lot lines will be continued to be utilized.

Special Note #2 on page 2 of the revised (dated 11/10/08) Site Plan plans to be removed.

Motion carried 6-0.

Jane Johnsen brought up that the Site Plan Regulations may require additional wording concerning explanations of what is expected when changes are made on a property, making it clearer to applicants.

It was brought up that a letter be sent to Charles Spaulding on #114 regarding a possible gravel pit.

Jane Johnsen requested being on the November 25, 2008 Agenda regarding Sidewalks.

Mention was made that Sign Ordinances need updating.

Adjourned 9:55pm

Respectfully submitted,

Marjorie R. Cilley
Secretary