Planning Board

Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 Present: W. Hutchins, Chairman; W. Contardo, Vice Chair; J. Mailloux, Secretary; G. Denio, L. Guild, J. Tivnan, C. Smith, D. Vachon, H. McLean, D. Bownes Absent: B. Baer, D. Richards Staff: S. Saunders, B. Loughlin I. Call to Order W. Hutchins called the meeting to order at 6:30 pm. He named C. Smith as a voting member in D. Richard’s absence. II. Continued Public Hearings 1. Appl# PL2011-0082SP amendment 193 Endicott St North Map/Lot 156-252-13 Cumberland Farms Proposal to remove the vacuum sensor system from the fuel dispensing system, system will still be monitored with a liquid sensor system (This item is a continuation from Oct 4, 2011) W. Hutchings noted the applicant requested a continuance. Motion: D. Vachon made the motion to continue the application to June 3 and L. Guild seconded the motion. H. McLean asked if that is going to affect the system and was told no. The applicant needs to get their response to Staff in time to be put into the packets. The Board does not want to have to look at something right before the meeting. There was discussion about the continuance. H. McLean disagrees with the continuance. S. Saunders said communication between the applicant and Staff has been lax therefore, asked for the maintenance plan. That way there can be more communication. The applicant is not in violation of any laws. The motion passed unanimously. III. Public Hearings 1. Sign Ordinance revision to the City Zoning Ordinance section 235-51, the purpose is to amend the ordinance to keep up with new sign technology (Recommendation to Council) W. Hutchins noted that this had gone through many meetings before going to the Board. The Board will either approve the draft or not, then the revisions recommended to council and a decision made. S. Perley, the chair of the Zoning Task Force (ZTF), said the Board listened to the input from the last meeting and made changes. The major change was the overall size of the electronic area: that changed from 50% to 75%. Electronic signs would be allowed everywhere by special exception. H. McLean asked about the political signs and was told they need to be taken down after the election. He also asked where the enforcement lies and S. Saunders said that lies with the Zoning in the ordinance. 1  Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 Public: Jeff Flanders, Byse Agency owner, applauds the ZTF for all the work they have done. He is looking forward to this being accepted and is in full support. He would like a tweak on the change of the time limit from the 5 minutes to 1 minute, but overall is happy with the change. Steve Weeks Sr, would still would like to see the time limit changed. He feels a sign is for bringing people in to a business and the time should be 30 seconds to one minute max. He thinks the idea is to increase business, not decrease it. He feels electronic signs should be permitted and not permitted by special exception. Ben Barr, of Watchfire Signs, lives in Gilmanton and works for Watchfire. He said usually the challenge is the message. On federal highways, the signs are permitted to change every 15 seconds. Plaza or shopping centers usually change every 5 minutes. Studies have been compiled at Penn state and Texas A&M recently on signage. If it is safe for signs so change when traveling 50 mph down a highway, then it is safe at 30 mph. W. Contardo asked what the site distance was on the highway and was told a quarter mile. D. Bownes asked the rationale of the 5 min and B. Barr said they will not all change at the same time. S. Saunders didn’t want the flashing effect of the one minute, especially down Union Ave. There is a difference with highway travel vs other travel: the highway travels in one direction whereas other roads have pedestrians and other obstacles as well as oncoming traffic. B. Barr said no sign company has ever been before court for distractions. People seem to be more aware when things are changing. For example Las Vega and Time Square in NY have lots of signs and there have been no accidents due to distractions from signs. Usually it is one minute for one message. S. Perley noted that on page 7, part 3, “Minimum Display Time: All illumination elements on the face of electronic changing signs shall remain at a fixed level of illumination for a period of not less than five minutes” she noticed that the word static should be added. The idea is to start with the 5 minute change and see how it goes, if changes are needed then it can be. If the time change starts at one minute it cannot go back up to 5 minutes. D. Bownes sees the point but the business owners want more of an audience. D. Vachon asked about the billboard in Belmont on Rte 3 around Barons Major Brands, and was told that time change is 8 seconds. S. Perley said that is a dynamic sign. Thinks business owners have a point since they are spending the money. J. Mailloux likes the Platinum Salon’s sign, and that’s not electronic at all. S. Saunders said in the Master Plan it calls for community character. John Moriarty, of the Downtown Mains Street Initiative, said he wasn’t going to speak at all, but as a business and property owner of downtown, he thinks the concept of the community character is good but not in every situation. He owns a building with 17 businesses and one thing that drives him nuts is all the sandwich boards on the side of the road. His tenants have asked about the digital reader board and he is thinking about it. The downtown area has 3 districts and there is a big difference on what is and isn’t allowed. The ZTF has done a nice job with the ordinance but he would endorse a one minute change. He feels this ordinance revision is a step forward no matter what. 2  Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 W. Hutchins reminded the Board that the time change can be less at a later time if need be. W. Hutchins said he believes in evolution and would vote the 5 minutes just to see what happens. R. Dyer would go for the one or 5 minutes. He think it’s a good idea and overdue. It is at the Board’s discretion, but thinks it will eventually end up at one minute. W. Hutchins closed the public hearing. D. Bownes asked what the process of changing the 5 minute change to 4 or one minute long and S. Saunders said a substantial change from 5 to one would need a new noticed public hearing, but 5 minutes to 4 minutes wouldn’t need one. Motion: J. Mailloux made the motion to recommend the changes in the sign ordinance as drafted to Council, with the minor correction on pg 7, part 3, to add the word static. D. Vachon seconded the motion. The motion passed unanimously. The Board thanked S. Perley for all her work. 2. Appl#PL2014-0049SU, 0050SP 1184-1188 Weirs Blvd MBL 162-248-2 Proposal to change the form of ownership to condominium & construct one 3-story building with 3 units (Acceptance & Decision) B. Loughlin told the Board the application was complete and ready for hearing. Peter Howard of Steve Smith & Associates, Denis Bourque, the property owner, and Rod Dyer, the attorney, was present. P. Howard presented the application. The parcel is a .91 acre lot in the Commercial Resort zone. In 2009 the same application went through the Zoning and Site Plan process. Landscaping and the 3 units were the only things that didn’t get finished. The approval was revoked due to not meeting deadlines. The parking area, building units 1-8, rain gardens, and drainage are all complete. Only units 9-11 and the landscaping around that proposal have not been completed. The plans are identical to what was approved in 2009. The applicant is back to get re-approved. R. Dyer introduced Kathrine Lacy, a legal intern about to graduate, that will be the newest in the firm. This applicant has been before the Planning Board and was approved for condo conversion. The condo declarations have been submitted and suggestions were made and those also changed. The current version of the declaration has all that Staff asked for. The project is substantially complete. Staff Review: B. Loughlin read the staff report. Staff recommends approval with conditions. The major to eliminate the use of Phosphorus fertilizers mixes on Page 4 of the site plan under “Temporary and winter control specifications” item number 4. The middle number should read zero not 10. Eliminate the use of Phosphorus fertilizer mixes on Page 6 listed under the heading 3  Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 “Construction Notes” item number 6. The middle number should read zero not 20, add a note to the site plan: “During construction use at least 12-inch silt sock on site”, parking shall not be permitted on the north parking access driveway. Applicant must install signage to indicate no parking in these areas. Site plan should reflect this. All Milfoil located around docking structures must be documented per Zoning Ordinance 235-19(F)(5)(d). The Impact Fee will be $5,222.07 for the 3 new units. D. Bownes asked why there is no dumpster and was told that was discussed at the conceptual review. D. Richards was concerned about the trash cans and D. Bourque said after that meeting he posted a requirement that trash cans be brought in and also put that in the condo docs. W. Hutchins asked about parking during construction. D. Bourque said there is more than what is needed for parking and he also owns the rest across the street. If need be, tenants can park there. The Board doesn’t want on-street parking. C. Smith asked P. Howard where the snow storage would be and P. Howard said there is a note on the plan and written in the declaration that snow will be removed if there is too much. Abutters: none Public: none W. Hutchins closed the public hearing. Motion: D. Bownes made the motion to approve the application with the conditions and dates for the Plan Revisions June 6, 2014, Site Improvement Security and Mylar, final plans July 6, 2014, and Completion May 6, 2015, with the Impact Fee of $5222.07 D. Vachon seconded the motion. The motion passed unanimously. W. Hutchins is pleased with the work that has been done and the improvement to the property so far. He thanks D. Bourque for that. IV. Extensions None V. Application Acceptance None VI. New Business W. Hutchins noted that since D. Richards is the head of the nominations and was not present, the process will be completed at the next meeting. Current officers are willing to extend again. Per Rsa 673:9, in the officious, can’t be chair and you have to be a fulltime member to seat. VII. Old Business None VIII. Reports A. Planning Department Report: S. Saunders 4  Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 S. Saunders asked the Board to hand in the Cumberland Farms part of their packet for the next meeting. J. Mailloux requested Cumberland Farms submit more up to date work orders, and DES reports. The Main Street Bridge construction is in process. They cut back daily updates to weekly updates. The Down Town folks are happy with the updates. The construction is right on schedule. The Union Ave construction is moving along as well. They are moving along with the riverwalk information like engineering and cost figures and design. She hopes to be before Council in the next few months. They are continuing to work with Chinburg as well. The site on Endicott near the Waterslide will be used for bike week and the developer would like to do something eventually. S. Saunders was excited about two projects coming up soon: the Architectural ordinance is nearing completion. The ordinance finished under a grant and that is up by June. Hoping the board will do a work session on May 20 to go over it. She heard people don’t want to be told what they have to have so there will be a list and applicants will have to get certain points from the list, so there can be some flexibility. The pub hearing would have to be scheduled for the June meeting. D. Bownes asked if this would have to go to council and S. Saunders said they will be included into the regulations. But, it will only apply to certain zones, so that part will need to go to Council for approval. The work session will be a public meeting but not legal public hearing. Funding came from NH Housing as the community planning grant, a nonprofit entity. There will be a work session May 20 at 5 pm. We received contact from the Orton Foundation to complete the grant and would like to support us, and agreed to provide the city with $75,000 in tech support for the Master Plan. She reached out to the NH Charitable foundation and was granted $20,000. S. Saunders reached out to the Carsey Institute, which facilitates the NH Listens and Lakes Region Listens programs, and agreed to give $25,000 for community forums and listening sessions. The focus was on the 3 pieces required by state statute. Then focus on a number of the Master Plan that may be included, like transportation, public spaces and infrastructure, economic development and historic and eve resources. It is a collaborative effort and scope of services that will be signed on to. Orton is the consultant and will be working with the City. W. Contardo thinks a focus on utilities would help the development of the community. They have been trying to develop who the communities are. S. Saunders wondered if the Board could help fill in the folks that have been missed from the Community Network Analysis. She is looking at stakeholders and groups in the City and how communication can best be conveyed with the groups. Some suggestions were: Kiwanis Group, Masons, theatrical groups (not just in Laconia), Franklin Footlights, Community college, Laconia Faith group, church groups, local youths (girl scouts, boy scouts, etc.), Industrial bus parks, and the Airport. S. Saunders asked how different things are communicated and suggestions were: Associations, also Don Richards would know more since he deals with a lot of groups with meetings in the Community Center, Dunkin Donuts, My Coffee House, McDonalds, Country Clubs, grocery stores, and home improvement stores. D. Bownes asked when the last Master Plan was and S. Saunders said dated in 2007 but work was started in 2003. The Master Plan is not binding. The Master Plan is important because developers want to know that what they want to do is supported. C. Smith suggested getting Russ Thibeault’s presentation from the OEP conference from the past weekend. S. Saunders got back to the questions. There were websites developed and emails went out. C. Smith asked why Planning Board meetings aren’t televised and was told it has been admin decision but might soon change. More suggestions: Facebook, Belknap County Bar Association, Garden Clubs, Laconia Links, and The Daily Sun. S. Saunders 5  Laconia Planning Board Minutes May 6, 2014 Approved July 1, 2014 asked that if the Board had more ideas in the future, to please let her know. The survey went fantastic and she thanked the board. There is a meeting this week to set up a communications workshop. W. Hutchins suggested contacting Jeff Hayes form the LRPC. S. Saunders will be at the May 12 Council meeting for the budget between 6 and7 pm. She would like support from the board. D. Bownes would like a short memo, if that is feasible, about the architecture ordinance and the grants. Something to state where they came from to make sure the Council knows about it. IX. Liaison Reports A. Lakes Region Planning Commission: W. Hutchins mentioned the Tea Party group still comes in to record the meetings. The focus is to meet deadlines for the Lakes Region plan which is funded by the Federal Government. There is so much to the Master Plan and a lot of changes are taking place. The annual meeting of the LRPC is June 16. Economic development will be discussed. The city will pay for members if they want to go. S. Saunders mentioned LRPC is also moving forward with the Brownsfield funds. There is an EPA grant for assessments. Laconia will be getting more assessments done and she may ask if Board knows of any properties. LRPC will be involved in the gasoline additive. Laconia Water nipped the MTBE contaminate in the bud and the City isn’t aware of any issues and may not be eligible to get any funds. B. Conservation Commission: W. Contardo noted the ConCom is starting phase 1 of the Black Brook Geomorphic study. May 20 they are meeting with Gilford ConCom for support. They are working with Girl Scouts at the transfer station to plant shrubs and trees as part of the Wildlife Habitat Restoration project. There is a refresher on shoreland protection on May 7. S. Saunders noted there was an article on the Emerald Ash Borer in the packets. C. City Council: D. Bownes said Council is in the middle of the budget. City council is less than enthusiastic for anything to be done with Main Street at this point. He thinks there is a new citywide assessment re-evaluation of all the properties. They are currently hearing presentations from all the Depts. W. Hutchins said they just had a re-assessment a few years ago and coming from a developer’s stand point, it’s never ending and D. Bownes will look into that. X. Other Business XI. Minutes Approval of the minutes from May 6. There were no minutes to approve. XII. Adjournment Motion: D. Bownes made the motion to adjourn and H. McLean seconded the motion. The meeting adjourned at 8:29 pm. Respectfully, K. Graham` 6