Planning Board

CITY OF LACONIA PLANNING BOARD Tuesday, November 1, 2016 - 6:30 PM City Hall - Conference Room 200A AGENDA I. Call to Order II. Presentations III. Extensions 1. Extension Request for App# Appl# 04-031 SP, 04-019 CUP (cluster), 04-020 CUP (wetlands) Endicott Street East, Governor’s Crossing 2. Extension Request for App# 06-010 SU, 06-007CUP (cluster), 06-008CUP (wetlands), Rte 106/Rte 107, Lilac Valley Estates IV. Continued Public Hearings V. Public Hearings 1. Conceptual Review of The Gardens at Winnipesaukee No action required by the Board 2. PL2016-0097CUP, Trails End, lot 206, proposal to build house in wetland buffer (Decision) 3. Discussion of CR2 Zone proposal VI. Application Acceptance VII. New Business 1. Proposal to consider changes to the use chart for Commercial Resort Zone VIII. Old Business IX. Reports 1. Planning Dept Report: B. Loughlin X. Liaison Reports 1. Lakes Region Planning Commission: W. Hutchins 2. Conservation Commission:  3. City Council: D. Bownes XI. Other Business XII. Minutes 1. Acceptance of minutes from October 4 XIII. Adjournment  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Extension Request for App# Appl# 04-031 SP, 04-019 CUP (cluster), 04-020 CUP (wetlands) Endicott Street East, Governor’s Crossing SUBJECT: Applicant is asking for an extension for Governor's Crossing development for phase two. DESCRIPTION: a. Plan Revision: Complete b. Mylar, final plans: Complete c. Site Improvement Security: Complete d. Completion: 2/7/06, 8/706, 8/6/07, 8/4/09, 10/5/10, 10/4/11, 10/2/12, 10/1/13, 10/7/14, 12/1/15, 12/6/16 new request: Dec 5, 2017 ACTION: Decision ATTACHMENTS: Description Type Upload Date File Name back up materials Cover Memo 10/17/2016 govs_crossing.pdf  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Extension Request for App# 06-010 SU, 06-007CUP (cluster), 06-008CUP (wetlands), Rte 106/Rte 107, Lilac Valley Estates SUBJECT: Applicant is requesting an extension for the completion of the Lilac Valley development phases two and three DESCRIPTION: a. Plan Revision: Complete b. Mylar, final plans: Complete c. Site Improvement Security: Complete d. Completion: i. Phase 1 Completion: Done ii. Phase 2 Completion: 12/1/09; 12/7/10; 12/6/11; 12/4/12; 12/4/13; 12/2/14; 11/3/15, 11/1/16 new request: November 14, 2017 iii. Phase 3 completion: 12/ 7/11; 12/4/12; 12/3/13; 12/2/14; 12/1/15 new request: December 5, 2017 ACTION: Decision ATTACHMENTS: Description Type Upload Date File Name back up materials Cover Memo 10/24/2016 lilac_app.pdf  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Conceptual Review of The Gardens at Winnipesaukee SUBJECT: Endicott Street East MBL 164-72-1 DESCRIPTION: Conceptual review of a 69 lot subdivision. Previously approved as Shake Hill development for 126 unit development. ACTION: No action required by the Board ATTACHMENTS: Description Type Upload Date File Name back up materials & plan Cover Memo 10/17/2016 Shaker_Hill.pdf  PLANNING BOARD ITEM INFORMATION SHEET TITLE: PL2016-0097CUP, Trails End, lot 206, proposal to build house in wetland buffer SUBJECT: MBL: 228-386-1.206, The Willows DESCRIPTION: Proposal to build a house in the 50 ft wetland buffer. ACTION: (Decision) ATTACHMENTS: Description Type Upload Date File Name staff review Cover Memo 10/26/2016 STF_RVW_Trails_End_Lot_206_for_NOV_PB_MTG.pdf back up materials Cover Memo 10/17/2016 Trails_End.pdf comments Cover Memo 10/24/2016 20161024085924.pdf plan Cover Memo 10/24/2016 trails_end_plan.pdf  Department of Planning & Code 45 Beacon Street, East Laconia, NH 03246 603-527-1264 603-524-2167 Staff Review Item #2 City of Laconia Planning Board Staff Review for Planning Board Meeting of November 1, 2016 Prepared by: Brandee Loughlin SITE ADDRESS: Lot 206, Trails End Lane (The PROPOSAL: CUP for wetland buffer Willows, Long Bay) impacts, construction of single family home APPLICANT/AGENT: Robert T. & Sherrie A. Fryer / MAP STREET LOT I. D.#: 228-386-1.206 PROPERTY OWNER: Robert T. & Sherrie A. Fryer ZONING DISTRICT(S): Residential Single APPLICATION #: PL2016-0097CUP Family (RS) (Wetlands/Waterbody Buffer) PLAN REFERENCE: Title: Proposed Unit 206 (TM 228-386-1.206) located on Trails End Lane, The Willows, Laconia, Belknap County, New Hampshire, prepared for Robert T. & Sherrie A. Fryer Prepared by: DMC Surveyors Date: Oct. 5, 2016 Sheets: P-1 of 1 Project Summary: Applicant proposes to construct a single family home within the existing, previously approved building envelope. When The Willows was originally developed, the wetland/waterbody setback required by City Ordinance was 30 feet. Since then, it has been changed to 50 feet. The 50 foot buffer encompasses nearly 2/3 of the lot. The proposal places the house at an average of 32 feet from the wetland itself and the patio is 25 feet from the wetland at its closest. The property is mostly cleared and crests at the point of where the patio is proposed. It slopes downhill from this point toward the water and again downhill in the opposite direction toward the driveway/road. Conditional Use Permit: A Conditional Use Permit is requested for the applicant to building with in the 50 foot wetland buffer. Applicant requests the right to alter the footprint of the house as long as the impacts are equal to or lesser than those approved by the Planning Board. Conservation Commission Comments: The Conservation Commission recommends that the footprint of the house be entirely contained within the 30 foot buffer and that additional plantings be installed along the wetland buffer. Wetlands/Wetland Buffer Conditional Use Permit - Compliance Review 1. Ensures the protection of wetland resources from activities that would adversely affect their functions and values: Appropriate erosion control measures will be utilized during construction, including installation of silt fences, hay bales, and other protective measures. U:\Planning & Community Development\Property Files\Trails End\Lot 206\Planning Board\2016\STF RVW Trails End Lot 206 for NOV PB MTG.doc Staff Review Item #2 Additionally, the topography of the land is such that the property slopes away from the water in the area where the house is proposed to be built, resulting in an additional natural barrier to protect the wetland. 2. Minimizes the degradation to or loss of wetlands or wetlands buffer: Any existing natural vegetation will remain, proper erosion control measures will be utilized, and, again, the natural topography provides an additional barrier for protection. 3. Minimizes the environmental impact to abutting or downstream property and/or hydrologically connected water and/or wetland resources: Any existing natural vegetation will remain, proper erosion control measures will be utilized, and, again, the natural topography provides an additional barrier for protection. During construction, any excavated soils will be covered with the appropriate controls. 4. Cannot be practically located elsewhere on the site to eliminate or reduce the impact to the wetland and/or its buffer area: The existing building envelope is restricted by several requirements, including the 50 foot wetland buffer and a 25 foot setback from adjacent structures. The proposed house would be difficult to site any other way within the envelope and still provide proper driveway length and meet the 25 foot setback from adjacent structures. 5. Is or is in the process of permitting for any other applicable state or federal permits: The proposed project is not subject to any other state of federal permits that staff is aware of. Application Acceptance: Staff recommends that the Board accept the application as complete and begin the review process. Staff Recommendation: Staff recommends that the Board grant a conditional approval with the following criteria: 1. PROJECT COMPLETION DEADLINES a. Plan Revision: December 6, 2016 b. Site Improvement Security: N/A c. Final plans: January 10, 2016 d. Completion: November 7, 2017 2. PLAN REVISIONS: a. A note must be added to the plan that any changes to the proposed footprint must be equal to or less impactful in square footage or quality of impact than that which has been proposed by the Planning Board. b. A note must be added to the plan stating that the patio may not extend beyond 25 feet from the water at its closest point. c. A note must be added to the plan stating that the house may not extend beyond 32 feet from the water at its closest point. d. A note must be added to the plan stating the total proposed square footage of the impact within the buffer area. U:\Planning & Community Development\Property Files\Trails End\Lot 206\Planning Board\2016\STF RVW Trails End Lot 206 for NOV PB MTG.doc Page 2 of 3 Staff Review Item #2 3. OTHER CONDITIONS: a. All Federal and State permits shall be in place before plan signing and recording, including, but not limited to NHDES Site Specific, and NHDES Wetlands permit. b. Wetland buffer areas shall not to be impacted by any construction activities (other than those impacts permitted under the CUP and DES wetlands permit). c. There shall be no wetlands degradation during construction. 4. CONDITIONS FOR FINAL APPROVAL: a. PLAN FILING AND RECORDING: PLAN FILING AND RECORDING: The applicant shall provide seven (7) blue line copies of the final plan as approved by the board. The final plan shall reflect any and all changes required as part of the approval process. Please submit one copy of the revised plan for final Board approval before submitting the additional 6 (six) copies. b. AS-BUILT PLAN: Within thirty days of the completion of the project and prior to the issuance of an occupancy permit, the applicant shall file an as-built application and fee of $100, and submit (6) six prints of the as-built plan for circulation to department staff. Once reviewed, if revisions are required, the applicant shall submit one revised copy for verification before submitting the remaining (5) five revised as-built prints, and a wash-off mylar. c. DURATION OF APPROVAL: All final approvals by the Planning Board are valid for a one-year period, which commences the date of the Board action, or if the project is vested, unless otherwise provided in the motion to approve. d. APPEAL PROCESS: As provided for in RSA 677:15, any aggrieved party may appeal this decision to the NH Superior Court within 30 days of the date of the filing of the decision in the office of the Planning Board. Work is not to be started before final plans are approved and the mylar is signed. This includes earthwork where applicable U:\Planning & Community Development\Property Files\Trails End\Lot 206\Planning Board\2016\STF RVW Trails End Lot 206 for NOV PB MTG.doc Page 3 of 3  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Discussion of CR2 Zone proposal SUBJECT: CR2 Council proposal ATTACHMENTS: Description Type Upload Date File Name back up materials Cover Memo 9/27/2016 Weirs_CR2_Zoning_Proposal.pdf plan Cover Memo 10/26/2016 20161026091420.pdf  PLANNING BOARD ITEM INFORMATION SHEET TITLE: Proposal to consider changes to the use chart for Commercial Resort Zone SUBJECT: Proposed changes to exisitng use chart for the Commercial Resort (CR) zone ATTACHMENTS: Description Type Upload Date File Name letter Cover Memo 10/27/2016 10_27_16_Revised_Letter_to_Brandee_re_11_1_16_Meeting.pdf chart Cover Memo 10/27/2016 10.26.16_Copy_of_cr_changes_to_use_chart.pdf  LAW OFFICE OF DAVID H. BOWNES, P.C. 20 Canal Street Laconia, New Hampshire 03246 603-524-4330 Phone 603-528-1518 Facsimile E-mail Address: david@dhblaw.net David H. Bownes, Esq. October 27, 2016 Brandee Loughlin Acting Planning Director Planning and Zoning Department City of Laconia SENT VIA EMAIL ONLY LoughlinB@city.Laconia.NH.US Dear Ms. Loughlin: Please convey my regret to the Planning Board Members that I cannot attend the Planning Board Meeting currently scheduled for November 1, 2016. Attached hereto is an excel document prepared by Kalena pursuant to my discussions with you of October 25, 2016. It is my recommendation that the proposed changes of uses, as recommended by the Zoning Task Force back in June of 2015, be adopted with some modifications. Those modifications appear on the far right column of each of the designated table of uses. There are five (5) suggested changes. Because I would think these changes are substantive in nature, there would need to be another public hearing scheduled (should the Planning Board decide) on those changes for the first Tuesday in December at the Planning Board’s regular meeting. At that time, the Planning Board could take action on the Mayor’s proposals and the change of uses (if the Planning Board so decides) and convey the Planning Board’s decisions regarding those to the City Council for their first regularly scheduled meeting in December of 2016. As I expressed at the last meeting of the Planning Board, I would hope that everyone can keep an open mind about these proposed changes. Thank you for your attention to this. Sincerely, /S/ David H. Bownes David H. Bownes DHB/amk Enclosure Cc: Kelena Graham (GrahamK@city.Laconia.NH.US) Scott Myers, City Manager (MyersS@city.laconia.nh.us) Ed Engler, Mayor (ed@laconiadailysun.com) Ava Doyle (sunvalleycottages@myfairpoint.net) Brenda Baer (baercub@metrocast.net)  Current / 2015 proposed Uses for Commercial Resort RESIDENTIAL USES CR CR 2015 Changes discussed with Brandee Cluster subdivision - conventional housing C C Combined dwelling unit(s)/business(es) P P Manufactured housing park C C N Manufactured housing as emergency housing P P N Manufactured housing park P P Manufactured subdivision C C N Multifamily dwelling P P Single-family P P Two-family dwelling P P RESIDENTIAL, ACCESSORY USES Accessory apartment N C Building P P Home occupation P P Greenhouse N C Non-pets, kennels E E Outdoor storage P P Road side stand P P Roomers, less than three P P Shelter, emergency P P Stable E E Storage of travel trailers, campers, boats P E Swimming pool P P Yard sales P P RESIDENTIAL - SPECIAL SERVICE Assisted living facility P P Bed-and-breakfast C P Boarding/rooming/lodging house P P Dormitory E E Emergency shelter/housing E E Transitional housing N N EDUCATION/CULTURAL USES Library/museums/gallery P P Preschool/kindergarten E E School, trade/vocational E E School, college/university/community college E E School, elementary/secondary E E BUSINESS Eating and drinking place P P Flea/farmer's market P* P C Neighborhood store P P Retail sales P P Sexually oriented business P N 1  Current / 2015 proposed Uses for Commercial Resort Shopping center/mall P P SERVICE Artist/craftsman studio P P Day care/day nursery C C Equipment/appliance repair/service P P Financial institution or business office P P Funeral establishment - mortuary N N Alternative treatment center/cultivation site N N Hospital/health care facility P P Hotel/motel/inn P P Laundromat P P Personal service shop P P Professional office P P Trades shop/repair E E Veterinary/kennel/comm. breeding E E RECREATION/SPORTS/ENTERTAINMENT Amusement arcade P P Amusement park P P Arts center P P Campground, RV/tent P P C Conference center P P Equestrian stable/center C C Indoor recreational facility P P Movie theater, including drive-in P P Nightclub/dance hall P E Outdoor recreational facility P P Private club1 P P WATER-RELATED/DEPENDENT USES Commercial beach P P Dry slips C C Marina/yacht club C C Watercraft long term storage C C Marine vehicle sales and service P P Watercraft launch/rental P P Watercraft repair/building P P COMMERCIAL AND INDUSTRIAL Commercial printing/photographic processing E E Dry cleaning establishment N N Fuel, wholesale/bulk storage and sales N N Indoor storage, self-service P N Lumber yard/construction yard N N Manufacturing N N 2  Current / 2015 proposed Uses for Commercial Resort Packaging and processing N N Product assembly/testing N N Research and development N N Warehouse N N Wholesale distribution center N N TRANSPORTATION Airport/heliport N N Car wash/detailing P E Commercial parking garage or lot P P Salt storage shed E E Taxi service P P Transit station P P Truck Rental Establishment N N Truck terminal N N Vehicle dealership, sales and service E N Vehicle major service N NOT ON COUNCIL PROPOSAL Vehicle fueling center/light service C C Vehicle Rental Establishment N N Vehicle salvage yard/wrecking N N Vehicle storage, long-term N N GOVERNMENTAL AND PUBLIC SERVICES Communications tower E E Laconia municipal government uses or facilities C C Power generation facility E E Utility E E LAND EXTENSIVE USES Agriculture, including livestock P E Agriculture/greenhouse, excluding livestock P P C Cemetery E E Earth materials processing/sawmill N N Excavation N N Forestry P P Junkyards N N Landfill/resource recovery facility N N NONRESIDENTIAL ACCESSORY USES Accessory docks P P Building P P Day care/nursery P P Drive-through P P Employee amenities P P Outdoor storage P P Retail outlet to industrial use N N Take-out window P P 3  Current / 2015 proposed Uses for Commercial Resort Storage contianers P* P Storage trailers N N 4