Planning Board

Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 Present: W. Hutchins, Chairman; J. Mailloux, Secretary; G. Denio, L. Guild, J. Tivnan, C. Smith, D. Vachon, H. McLean Absent: W. Contardo, D. Bownes, D. Richards Staff: S. Saunders, B. Loughlin, K. Snow I. Call to Order W. Hutchins called the meeting to order at 6:30 pm. He seated C. Smith and H. McLean as full members. He let the other members know that D. Bownes will be the new representative to the Planning Board for the City Council. II. Continued Public Hearings 1. Appl# PL2013-0117SP, 0130CUP (wetland buffer), 0131CUP (driveway width). Waiver for topographic survey of the rear portion of the lot; Waiver for sidewalks. 207 Hilliard Rd MBL 175-107-7.1 Proposal to construct a 3-unit building with under-garages and parking (Decision) Applicant: Brian Pratt, from CLD Engineers, appeared for the application. He said this is a 3 unit multi, town house style, building, with parking, drive, septic, well, and grading. He said there were 4 issues to discuss: Architecturals: They met with the design review committee. W. Hutchins said they had a good meeting, very productive, and the plans were adjusted. They understood the Planning Board concerns, and had not been aware of the concerns until right before the meeting. It was a good session, good compromise. B. Pratt said they plans were worked out, and all were happy with the results. Electrical: They added a pole on their side of street, and power will go underground from that pole. Sidewalks: They applied for a waiver for front, and if not approved will pay in lieu funds. Driveway width: They want to reduce this from 24’ to 15’. There are not a large number of units, and this is a short section involved. The road is only 21’ wide here. He sketched this out to show the area. They wanted to avoid the cemetery setback, so pulled it back from that. They would have to move the building back 11’ towards the wetlands. H. McLean asked if the city maintains the cemetery, and was told no, this is private. The applicants maintain it themselves per B. Pratt. 1  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 Pratt passed out the plans, and showed where the original 24’ drive way was the shows where the 15’ is. He also showed the outline of the building and deck if it were moved back 11’. He said there are only 3 units, and it is still plenty wide for 2 cars to pass each other. H. McLean asked regarding the building outlines and was shown on the plans. S. Saunders said the applicant has covered the issues well. It is now up to the board if they want to grant. There is a waiver for driveway width and a waiver for the sidewalks. They also have architectural and power to discuss, as well. W. Hutchins asked if the sidewalk waiver is granted would the applicant contribute towards funds for use in neighborhood and S. Saunders said that it typical for the waiver to be denied and then the funds requested. H. McLean asked about the tanks and that if Fire wants them placed underground, will that be an issue? He was told they are unsure yet of where will be but that will be worked out. H. McLean asked if the units will be sprinkled and F. Crosby said they will have to be. He said the proposed tank will be 2500 gallons. H. McLean asked about power and F. Crosby said they are unsure of the requirements yet, but they may need a backup generator. They had looked into continuing the water in lieu of a well but they had almost 400’ of water line to tap into to get water which was about 60-75K. S. Saunders said the staff report is basically the same, with a small update to the preamble. We will add condition (5) (M) if we deny the sidewalk waiver and ask for in lieu funds. J. Tivnan asked if the City is all right with the power line crossing the street and S. Saunders said yes. Abutters: No one spoke for or against the application. Public: No one from the public spoke for or against the application. W. Hutchins closed the public hearing at 6:45 pm. He said we would address the issues individually. Motion: Appl # 2013-0131 CUP: J. Mailloux voted to approve the waiver for the reduction in the driveway width from 24’ – 15’. L. Guild seconded and all voted in favor of approval. Motion: Waiver for topo: J. Mailloux voted to approve the waiver for the topo, with the second by D. Vachon. All voted in favor of approval. Motion: Sidewalks: J. Mailloux voted to deny the waiver for sidewalks. D. Vachon seconded with all voting in favor of the denial. 2  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 Motion: Appl # 2013-0117 SP: J. Mailloux voted to approve the application, per the plan revision and report. 3 (A – F) conditions to be accepted. 5(a) (M) with the in lieu payment for sidewalks to be paid. D. Vachon seconded, and all voted in favor, 8-0. III. Public Hearings None IV. Extensions None V. Application Acceptance None VI. New Business 1. Suzanne Perley of the Zoning Task force proposed changes to the sign ordinance: W. Hutchins said they will hold an open dialogue, with any suggestions to be incorporated, and at the next meeting hold a public hearing for signage. That will then go to City Council, and they can hold their own public hearing if they want. S. Saunders said they can accept the one the Planning Board holds. S. Perley said they began the revision to the ordinances about a year ago, which is when the ZTF was started. It began with identifying areas that need updating, making additions, and correcting typos. Several public hearings on chickens were held at the ZTF level but unfortunately we did not understand the entire process at that point. We have also completed the flood plain amendment and the PUD. Signs was on the list next as we got pressure from a local business owner in the Professional zone. This is a small area. J. Mailloux asked where that zone is located and it was explained. S. Perley said it is a mix of businesses, low impact, with some residential. She said the biggest thing has been the change in the signs themselves. They are becoming more sophisticated all the time. The Funspot sign, for example, flashes, and has graphics. That is an EMC (electronic message center). S. Perley said we are proposing those types to be permitted in certain other districts with a Special Exception, which would have to go to ZBA, and have a hearing from the public. The sign chart was asked about and S. Perley said it was discussed but we need the public input before we finish the chart. We need that input. The ZTF understands it, but the public has to. The sign chart is a work in progress at this point. 3  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 S. Perley said that the districts were set up for a reason but times change, and styles of signs change. She and K. Snow went to Paquette Signs to learn more about how to control these type of signs. She has also been dealing with other sign ordinances from other towns. S. Perley said that the ZTF has suggested the Planning Board holds the public hearing on signs. W. Hutchins said that the Planning Board doesn’t deal with signs and S. Perley said that the ZBA does frequently. C. Smith asked if there are businesses in districts who have gone ahead and put them up without complying and S. Saunders said no. S. Saunders explained the changeable digital signs as opposed to EMC’s. J. Mailloux asked if the technology is the same. W. Hutchins mentioned Trustworthy Hardware’s sign as a good example. He said that is a nice sign. S. Saunders said their sign can change every 5 minutes. C. Smith asked about limits on the times a sign can change, and said these types of signs can get distracting. S. Perley said we have a copy of a study by highway committee, which deals with billboards and safety. They said they found no safety issues if the signs change more frequently. S. Perley said if the sign is static your eyes go right back; if it is moving your eyes tend to stay. The ones in the Weirs were called animated initially. S. Saunders said to read on the bottom of page 6 to page 7, the electronic message centers, this version says the sign could change in 1 minute but she recommends 5. S. Perley said one minute is really long. The Federal Highway study says 8 seconds. Even Watchfire, the manufacturer, said 1 minute is long enough. H. McLean said he feels a distinction between a sign for fixed business, as opposed to digital where they can advertise for others. S. Saunders said we are covering that and read that portion of the ordinance, as there are some that do advertise off-premise businesses. That is addressed at the bottom of page 4. That is permitted only by Special Exception. S. Perley said there has never been anything covering that in the ordinance so we added a whole new section. She showed a sign located on New Salem Street, advertising a business on Blueberry Lane. They do own both properties, though. They also have some other signs there as well. W. Hutchins asked if they would have to get the Special Exception and was told yes, and that involves the ZBA hearing where the public would be involved. H. McLean asked about truck signs, and S. Saunders that was added as well. S. Saunders said we have not addressed a person standing outside with a sandwich board, or in a costume, as she feels that is temporary. If the Planning Board feels that is important, we can 4  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 add it. J. Mailloux said be to be pro-active, and keep that on our radar. W. Hutchins said the oil change place does it and the pizza place. He was told the Special Exception criteria is there, and is in place. They have to meet that to obtain the Special Exception. H. McLean asked if they have a non-conforming sign now can they keep it until it is replaced and a new one goes up. He was told yes; if damaged it can be replaced in kind. W. Hutchins asked if we are going to define maintenance as he said he wants to make sure there is enough in the ordinance so we don’t have to keep coming back to deal with it. S. Perley said the illumination standards are important. We will keep 500 nits at night, so signs are not so bright. All new sign applicants will have to sign an affidavit saying they agree. That will be part of the application process. W. Hutchins asked about spill over onto adjoining properties and was told that is already addressed. J. Mailloux asked about the Funspot sign, and if more like it can be put up? He was told that would be addressed by the ordinance. J. Tivnan said it is an important point about taking your eyes off the road, as we have to be safety conscious. W. Hutchins asked if font size is covered. He feels the high school letters are too small, also Mike’s Car Care, and there is too much information on the signs. S. Perley said she is unsure how far we can go with this. W. Hutchins said, again take a look at the Trustworthy sign. S. Perley said hasn’t seen any ordinance go that far. J. Mailloux asked about temporary signs and S. Saunders said we already have a section on that. Sandwich boards are handled by DPW per K. Snow. W. Hutchins asked about non-profits and S. Perley said we would allow a business to advertise for a non-profit. W. Hutchins said he feels that is a good practice. S. Perley said that we are proposing to permit a business to have two different messages on each side of the sign on the electronic changeable signs. H. McLean said signage in the center of town is awful. You can’t tell what is there and S. Saunders said the signs are the way they want them. Small signs are in keeping with the character of the neighborhood. S. Perley said the good thing about the public hearing is that we will hear what people want. She said that the president of the downtown initiative is on ZTF as well as a Weirs action committee representative. W. Hutchins asked if would we need 2 public hearings and S. Saunders said maybe; if the ordinance is substantially altered after we get the public input at the first hearing, we might need the second. 5  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 D. Vachon suggested holding the public hearing elsewhere, as he doesn’t feel this room would be big enough. The high school was mentioned. S. Saunders suggested the community college as they have a new addition. We could hold March meeting there, tour the addition, and have the Planning Board meeting and public hearing. S. Perley asked if we would start with the public hearing and was told yes, we can do that. L. Guild said that S. Perley has put in a lot of work on this, and it is very complicated. This is a frustrating issue. There is a lot to the lighting. Keeping to certain lighting at night is important, as well as the speed the signs change, and how they fit into the zone. He said he feels that the person who wants the change has a legitimate situation, and with these changes and can go to the ZBA and change if possible. S. Saunders verified that we will hold this in March at the community college. 2. Brandee Loughlin to give an over view of the Scenic Byways program VII. Old Business 1. Appl# PL2011-0024SP, PL2011-0026CUP (steep slope), PL2011-0027CUP (wetlands) 553 Weirs Blvd Map/Lot 216-248-12, 13 Brady Sullivan Langley Cove Update on the proposal to build a 291 unit condominium development with the secondary access through the Paugus Woods Development off White Oaks Road. S. Saunders gave an update of where the application stood. They will have to go to the ZBA for steep slopes as the entrance road doesn’t meet grade criteria; it is about 25%. Paugus Woods plan needs to be approved to tie in. This is a complex process. J. Mailloux asked about the beach and S. Saunders said it was taken off of the table, and we can condition it so can’t be part of the process. There is not much frontage on Weirs Boulevard and it is dangerous to cross here. We will require series of groundwater wells to put be in. In the Evergreens we found water coming out of the ground everywhere so we are requiring number of monitoring wells. We are requesting a series of 6-7 wells in place to catch the wet season. She said they have been meeting on a monthly basis. Fire, water, DPW and Con Com are in the loop. J. Mailloux asked if they will begin Lilac Valley first and was told probably, the third party review is in progress on that. Their phasing plan doesn’t work in tandem with the water plan. They need the proper pressures first. They are tying into the Paugus Woods pump station, and need to upgrade that. S. Saunders said they met in July, October and January. 6  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 W. Hutchins verified that they can’t do phase 3 of Paugus Woods until this is begun and was told that is correct. He asked if the lawsuit has been settled and S. Saunders said she believes it may be. Planning Board Report: On the Village Visioning she wants to thank the board for passing on the information. We have 100 responses on the survey as of today. A public hearing will be held. People can vote at the meeting, and the results will tabulate there. That will be February 25 and will be open to the public. We will get the information to consultants. We can maybe use the high school or the college for the public hearing. Main Street Bridge Information: S. Saunders went over the information and said this will take about 18 months. There are 4 phases, each deals with different street closings. The changes are temporary, and we will go back to the traffic pattern it is now. The bridge is being widened so a tractor trailer can make turn without going into the other lane. That is being done at city expense. We will monitor the 2 way traffic pattern. If these go well, we could keep 2 way. S. Saunders said we will go on line with maps. The bridge must be 100% replaced. This is going to be a two year project so traffic can keep moving. At the same time as the bridge, there will be construction on Union Ave, and we will have to close one lane between Gilford Ave and Messer Street to replace water lines and sidewalks there. VIII. Reports A. Planning Department Report: S. Saunders IX. Liaison Reports A. Lakes Region Planning Commission: W. Hutchins; He opposed the bill to eliminate planning commissions and require elections. He went and testified against this. He thanked the members for their support. They held a 3.5 hour hearing. The people who were in favor of this were not on with their arguments. They had no support for the bill, and the vote was unanimous. L Guild asked how the church is coming along, and S. Saunders said they are scheduled to close tomorrow. W. Hutchins asked about the second story and was told there is nothing yet. J. Mailloux asked about walkways and was told we haven’t seen anything yet but this was looked at, and the City will be doing some improvements with the island and pavement in the area to give the church a little more green space, and make this more pedestrian friendly. S. Saunders said the Main Street organization not talking to city hall. There were crosswalk issues. L. Guild said the church housed in the parking garage building is going well. They are holding 2-3 services, 200 people each. 7  Laconia Planning Board Minutes February 4, 2014 Approved March 4, 2014 J. Mailloux asked about the prison property and was told there is nothing more the City can do. They lobbied hard but the state is holding strong at the 10 million. Initially we offered money, but then withdrew that offer. Then we offered to clean up the property. The state tried a national public bid process, but there was no interest. J. Mailloux asked who is being housed in the last 2 buildings and was told sex offenders. B. Conservation Commission: W. Contardo was absent. C. City Council: D. Bownes was absent X. Other Business : None XI. Minutes: Approval of the minutes from January 7, 2014. Motion: D. Vachon made the motion to approve the minutes as written and G. Denio seconded the motion. The motion passed unanimously. XII. Adjournment: Motion: H. McLean made the motion to adjourn and. Vachon seconded the motion. All voted in favor. The meeting adjourned at 8:30 pm. Respectfully, K. Snow 8