DRAFT DRAFT
TOWN OF BRADFORD
PLANNING BOARD
REGULAR SESSION
DECEMBER 9, 2008
7:00PM
Call to Order and Roll Call:
Phil LaMoreaux, Chair called the December 9, 2008 meeting to order with Marcia Keller,
Barry Wheeler, Barbara Vannata, Sonny Harris, Jim Bibbo, Alternate, Jane Johnsen, Alternate, Marge Cilley, Secretary present. Bill Glennie arrived at 7:30pm. Absent were: Charles Meany, Selectmen Representative and Ian Thomas, Circuit Rider from CNHRPC.
Motion was made by Marcia Keller and seconded by Barbara Vannata to approve the November 11, 2008 minutes.
Page 2 under Conceptual Consultation Phil LaMoreaux’s title is: Chair.
Top of Page 5 should show a heading: O E Trucking Site Plan.
Motion carried to approve with above amendments 5-0.
Conceptual Consultation:
Denise and Jeff Renk, Route 114, owners of former Mountain Lake Inn, Map 23, Lot 3, came before the Planning Board to advise they would like to open the property as an Inn again, but not now. At this time, they would like to offer Mosaic lessons to be held in the existing dining room for six students at a time. This would be one or two nights a week or for an afternoon for 2 ½ hours for 8 weeks at a time. There is ample parking. There will be no alteration to the outside of the home, and there will not be a sign. Phil LaMoreaux, Chair read Section 3, Article 0 regarding Home Business. It was agreed upon by the Planning Board that this does qualify as a Home Business. Phil LaMoreaux, Chair advised there is no approval required for a Home Business, it is allowed. There is a Home Business compliance form which can be filled out, with the criteria of the business to be kept on file.
Denise Renk also discussed the desire to put four or five log cabins on the property which would be up back and not visible from the road. Denise was advised she should talk with the Selectmen’s office to see what portion of the land is in current use. Present concept is to have the future Inn for couples, and the cabins would be family friendly. A Site Plan would be required for the cabins. It was advised to check with the Fire Chief regarding cabin sprinklers, or whether the cabins would need to be spaced apart. Phil LaMoreaux, Chair advised before Site Plan is filed a Conceptual Consultation would be required prior to filing application. There is a survey plan currently in that property file.
To Do Folder:
1. Charles Spaulding letter received and read regarding his gravel pit on Route 114.
2. CNHRPC waiting for invoice correction.
3. Andrew’s Gravel Pit letter to him.
4. Copy of communication from Pettiglio’s to the Selectmen.
Peter Isham Gravel Pit:
Peter Isham, Gravel Pit, Pleasant Valley Road, Map 6, Lot 106, Represented by Robert Stewart, Jr. RCS Design.
Robert Stewart, Jr. came before the planning board to see what will be fair and equitable for his client and at the same time satisfy the regulations which are pertinent today, which were much different when this pit was originally started back in the mid ‘70’s. Marcia Keller advised if there is commercial gravel taken out of the pit, then an application for a permit is required. If there is not commercially viable material being taken out of the pit, then it would be declared abandoned. Robert Stewart, Jr. advised there has been a gravel tax paid continuously on this property, to which Marcia Keller advised that has absolutely no bearing on a gravel pit permit according to Mary Pinkham-Langer, Gravel Tax Appraiser for DRE. Bob Stewart, Jr. suggested that the tax would show that it is or is not commercially viable based on the filings that are done over the years. If this has been continuously done, it and he has met the minimum of being a commercially viable pit that would show which direction should be taken. Town records will be observed as to the volume being used. Barry Wheeler advised he and Nate Kimball both had to apply for a permit as theirs had expired, and he has filed every year, and his gravel tax had nothing to do with the permitting. Now, new applications need to be filed every three years. Marcia Keller advised there is no existing permit for that pit, and if the owner wishes to continue, then the application is required for a permit under the new regulations. Phil LaMoreaux, Chair read the RSA 155-E:2 Permit Required.
“No owner shall permit any excavation of earth on his premises without first obtaining a permit therefore, except as follows:
I. Existing Excavations. The owner of an excavation which lawfully existed as of August 24, 1979, from which earth material of sufficient weight or volume to be commercially useful has been removed during the 2-year period before August 24, 1979, may continue such existing excavation on the excavation site without a permit, subject to the following:
a. Such an excavation site shall be exempt from the provisions of local zoning or similar ordinances regulating the location of the excavation site, provided that at the time the excavation was first begun, it was in compliance with such local ordinances and regulations, if any, as were then in effect.”
Marcia Keller advised there has been a permit for this pit previously, but it has expired.
The last signed permit on file was dated July 9, 2002. A new permit application does need to be filed. Robert Stewart, Jr advised the only thing to do is process the material out of the existing pit. It is an existing situation that cannot be covered up as it could be a hazard or danger. At this time, Phil LaMoreaux, Chair questioned if Robert Stewart, Jr. is familiar with the regulations to know how they handle the component (crushing) of the application? Phil also advised whatever needs to be done, regarding crushing criteria, a public hearing would be held. After pro’s and con’s concerning the need for a review, the consensus of the planning board was that no review would be required from CNHRPC. It was also discussed that Robert Stewart, Jr could meet with Ian Thomas, Circuit Rider at the Planning Board office on Wednesday, December 17, 2008, for further clarification and interpretation of the new regulations. Marge Cilley, Secretary will contact the Circuit Rider for availability, which was done on December 10, 2008, and he will be at the town office, between 10:00am and 1:00pm. Phil LaMoreaux, Chair advised the planning board wished to be apprised as to where the applicant was in the process, as they did not wish to consider this pit to be abandoned if they were in the process of filing a new application. Robert Stewart, Jr. requested if a Site Walk were done, that it be time specific.
Ledgewood Pines:
Mark Brunnel, Old Warner Road, Map 3, Lot 94 & 96. Atty Gregg Michael was also present. Phil LaMoreaux, Chair read a letter from Wiggin and Nourie, P.A. dated November 10, 2008 concerning Ledgewood Pines regarding lot deeds, cistern and drainage easement deed and Declaration of Covenants associated with the subdivision. Marcia Keller pointed out that some specific language has not been changed that was requested in the Covenants. Ian Thomas, Circuit Rider, CNHRPC had forwarded comments regarding the language to be included into the 2006 Declaration of Covenants and Restrictions based on Jae Whitelaw and Tim Bates review of the 2005 Covenants. The board had agreed that required information will be forwarded to Wiggin and Nourie, P.A. for Mark Brunnel and the corrected information will be forwarded to the town attorney. Easements and voluntary mergers have been received by the planning board. Further discussion ensued regarding Open Spaces and the planning board is not interested in putting the Open Space language in the Covenants. Phil LaMoreaux, Chair will receive required information from Wiggin and Nourie, P. A. electronically and forward to the town attorney. The revised boundary line adjustment agreement between Ken Anderson and Mark Brunnel with adequate plan reference will be filed for recording and will be done all at once on the recorded plan. A signed current agreement by Ken Anderson and Mark Brunnel is needed by the planning board.
Phil LaMoreaux, Chair brought up the required road bond issue and advised that the town would still have lots with no frontage if the road was never developed. Once the lots are recorded, the road has to be there to meet the zoning requirements of the town. Phil LaMoreaux, Chair advised the Road Bond amount needs verifying as it was first done on January 10, 2006, and we need to be sure the town’s liabilities needs are covered. Also mentioned that MCRD also has an additional fee of $25.00 for L-Chip.
Mark Brunnel requested a three month extension, which would end on March 10, 2009. This was approved by the board.
Marcia Keller brought up that attorney invoices should be earmarked with each individual applicant’s name so that invoice could be given to the planning board for payment from the applicants escrow funds.
Marcia Keller advised the files need help and requested any member with some free time to come and work on them.
O E Trucking, 10 Breezy Hill Road, Subdivision, Map 3, Lot 74, 74B
The following four conditions for the subdivision from November 11, 2008 include:
1. Relocation of Street Plat with details, approved on Nov. 11, 2008.
2. Five full size plans and 1 Mylar for recording.
3. Relevant monies paid.
4. Deed descriptions, needed word change from westerly to easterly.
All received by Dec. 9, 2008.
O E Trucking, 10 Breezy Hill Road, Site Plan Modification, Map 3, Lot 74B
The conditions of approval that were listed on November 11, 2008 meeting.
1. Application revised to strike reference to home business and show correct lot size.
a. Acres now showing are 26.6 acres. Home Business was eliminated.
2. Site Plan show the location of the Street Plat.
a. The Street Plat is adequately relocated with details.
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.
a. Special Notes – so noted. word (business) needs spelling correction.
4. Size and type of above ground Storage Tanks shown.
a. Shown as required.
5. Off premise signs added to plan.
a. The applicant decided to not propose any off site signs.
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.
The note was revised as requested.
Special Note #2 on page 2 of the revised (dated 11/10/08) Site Plan plans to be removed.
The note was removed as requested.
The off premise existing sign on Route 103 is not relative to this Site Plan. The consensus of the planning board is to request the removal of the existing off premise sign from the plans, which could be accomplished by white out and signed by applicant.
A deed description discrepancy has been found on Lot 74B. Question is whether the error is on the deed or on the plan, on L6.
The Street Plat was reviewed, and it does not need to be recorded. It was approved with no conditions.
Ready for signatures are the Subdivision Plans, Boundary Line and Street Plat.
The Amended Subdivision Regulations will be posted for the December 23, 2008 meeting.
Jane Johnsen discussed the Safe Route to School and the 200 replies from parents of the elementary school children, and advised there is not enough interest in it to go forward.
Meeting adjourned 9:30pm.
Respectfully submitted
Marjorie R. Cilley
Secretary