Planning Board

CITY OF LACONIA PLANNING BOARD Tuesday, May 2, 2017 - 6:30 PM City Hall - Conference Room 200A Minutes I. Call to Order Chair W. Contardo called the meeting to order at 6:30 pm. K. Graham called the roll with the following members present: Charlie St. Clair, Michael Limanni, Michael DellaVeccia, Elizabeth Merry, Jay Tivnan, David Bownes, Gail Denio, Edwin Bones and Chair, William Contardo Staff: Dean Trefethen, Planning Director and Brandee Loughlin, Assistant Director Chair W. Contardo stated there were eight (8) members present and a quorum was established. M. Limanni was appointed as a voting member with the resignation of Hamilton McLean. He also stated that under New Business #3 was off the table. II. Presentations III. Extensions IV. Continued Public Hearings 1. PL2016-0120SP, 0121SU, 0122CUP(wetland), 0123CUP(cluster), PL2017- 0002CUP(perimeter buffer), 0003CUP(cluster buffer setback), 0068CUP(wetland/vernal pool), Endicott Street East, The Gardens, construction of 86 residential unit cluster subdivision Chair W. Contardo opened the public hearing at 6:35 PM. Applicant: Atty. Pat Wood , Vahe Apelian and Jason Hill were present. Atty. P. Wood updated the board. The applicant received approval from the Zoning Board April 17. There were a few changes to the plan since the last Planning Board meeting: construction traffic will enter through the main entrance, not the emergency access. The ZBA wants a visual buffer along the easterly side of the project. The applicant recently had a site walk with the Concom and a public hearing followed. There was a vernal pool found in one of the man made wetland areas that sits in a basin. This will affect up to 8 units if a circular buffer is used but the applicant would like to use a directed buffer instead. There are basic types of animals that live in the pool: shrimp, frog and salamanders. The surrounding land isn’t a good habitat for those animals. The vernal pool buffer CUP has been submitted to the Planning office and Concom suggested the Planning board do a site walk. The applicant has been dealing with DOT with traffic and they found that volume hasn’t generated enough to change the roads or driveway . The applicant will have a control gate on the access road to be used only for emergency. That is being reviewed with the Laconia Fire Dept. There were a few road name changes.  Responses to the third party reviews have been submitted and the applicant may need another CUP for steep slope. Atty. P. Wood would like to have a site walk around May 15. Staff will work with the board on that date. Atty. P. Wood hopes for final approval in June. Staff noted the plans that were submitted today will need to go back to third party. No one from the public spoke for or against the application. The public hearing was closed at 7:01 PM. Motion to continue the applications to June 6 made by J. Tivnan, E. Merry seconded. All voted in favor, 9-0. V. Public Hearings 1. PL2017-0044SU 23 Elm St MBL 367-189-24 & 267-71-25 & 26 Lakeport Fire Station and area Proposal to subdivide and consolidate lots Planning Director D. Trefethen told the board the application was complete and ready for hearing. Motion to accept the application as compete and open the public hearing made by G. Denio, E. Merry seconded. All voted in in favor, 9-0. Chair. W. Contardo opened the public hearing at pm 7:05 PM. Planning Director D. Trefethen stated this was a City application. Applicant: Steve Smith representing the City was present. He explained the project. The City is looking to subdivide one lot, and move around and consolidate three parcels of land surrounding and including the Lakeport Fire station. He noted that part of the City parking lot is on the state Railroad property. This proposal will reshape the fire station lot and part of Railroad Ave, which is currently a right of way and needs to be accepted as a City street. There will be a site plan from the new buyer of the Fire station, but the plans might consist of closing the entrance to the station as it is too close to the intersection. A sidewalk will be added as well. The parcel adjacent to the fire station will be sold with the station and not to be built on separately. The rail crossing up the road might be moved to access the two lots. The sewer line follows Union Ave and an easement will be needed. Another for a Master Fire alarm control box for the fire dept that is currently inside the building which will be moved outside when the property changes hands. Staff Review: Assistant Planning Director B. Loughlin read the staff review. Chip Avery, owner of CJ Avery's spoke. He is concerned about losing parking and the entrance to the lots. He asked why the City wants to give up public parking in Lakeport for the future of Lakeport. E. Bones stated the application is for lines to be reconfigured. The Planning Board is only looking at the lot lines. C. Avery asked when the property is developed who will have control and was told if the property gets developed, an application would need to be submitted to the Planning Board for site plan approval. C. Avery also had concerns about traffic flow. S. Smith doesn't think parking will be going away and there is an agreement between the City and the buyer as to parking. D. Bownes asked if the City needs to do this process and was told legally yes because a mylar needs Planning Board approval to be recorded. The public hearing was closed at 7:20. Motion made to approve the subdivision and boundary line adjustments with the dates and conditions in the staff review made by D. Bownes, G. Denio seconded. All voted in favor, 9-0. 2. PL2017-0024SU ~waiver for sidewalk 21, 22, 14 Morris; 11, 19 Thompson; 24 Allan Ave MBL 139-165-78, 79, 80; 139-214-71, 71.1, 82, 73; 139-46-87, 87.1 Proposal to merge two lots on either side of paper streets, Lakeshore Ave & Wesley Ave, in the Weirs Chair. W. Contardo opened the public hearing at 7:25 PM Applicant: Bryan Bailey of Turning Point Engineers was present. He explained the proposal. There are five different property owners in the proposal. He put the proposal on two plans: one for each paper road. The proposal is to extinguish a portion of Lakeshore Ave and a portion of Wesley Ave. A portion of Lakeshore Ave is owned by four people who own the lakefront parcels as well. Those four properties along Lakeshore Ave will be divvied up between each other and each parcel combined with the lakefront parcel. Wesley Ave is owned by one person and that portion of Welsey will be divvied up between two properties, his and the abutting at 14 Morris, then merged to make those lots bigger. There is also an internal boundary line adjustment between two lots. The trustees are one but two legal entities. In extinguishing Wesley Ave, five tracts will be two, and in extinguishing Lakeshore Ave, eight tracks will be four. There is an encroachment issue with Wesley Ave between the Sullivan’s at 12 Morris and Winchell at 11 Thompson. The Sullivan's porch overhangs the boundary line of Wesley about a foot and there is an iron post fence that runs along Wesley Ave that also encroaches. The area is very tight and the buildings have been there a long time. Nothing will be moved or modified with an approval, just the property lines. There is an agreement for the encroachment but it is still being discussed. Staff review: Planning Director D. Trefethen read the staff review. Every lot is nonconforming and will only be less nonconforming. Staff has no issues with the lots moving, only with the Sullivan encroachment. Staff suggests the line be adjusted or an easement given at the least. They would rather see the jog in the boundary line. Rita Sullivan of 12 Morris Ave spoke. She had just received the document from George Winchell. She accesses her lot by coming down Morris and across Wesley. She asked for access in and out of her yard. She had the land surveyed in the early 80’s but can’t find it. She also asked why she couldn't have had the chance to purchase Wesley Ave. Assistant Planning Director B. Loughlin noted that the street is private land and was never a City street so it would be a private sale. B. Bailey stated that the two property owners have been trying to get it figured out prior to the meeting and that it is a civil matter. The fence has been there the whole time. George Winchell of 11 and 19 Thompson Ave spoke. He was told that he needed to buy the entire thing. He has no problem with the porch encroachment and tried to give Rita Sullivan the document prior to the meeting, but didn’t have the chance until just before the meeting. Chair. W. Contardo would like to see a resolution between the two parties before the board makes a decision. The public hearing closed at 8:05 PM Planning Director D. Trefethen wanted it clear that the Board is not dealing with driveway access or parking but that needs to be resolved. The only concern is the foot of Sullivan's porch that is on Wesley Ave. Staff would prefer the lot line move over that much. The fall back position was to have an easement for the porch. Motion to continue the application to June 6 made by D. Bownes, C. St. Clair seconded. All voted in favor, 9-0 3. PL2017-0024SU Provencal Road Proposal to accept Provencal Road as a City Street Planning Director D. Trefethen told the board the application was complete and ready for hearing. Motion to accept the application as compete and open the public hearing made by G. Denio, J. Tivnan seconded. All voted in in favor, 9-0. Chair. W. Contardo opened the public hearing at pm 8:14 PM. Applicant: Jon Rokeh representing Double D Development explained the proposal. Steve Smith prepared the right of way plan with Luke Powell from DPW, for acceptance. The road has been inspected and signed off on. It is ready for recommendation. Staff Review: Staff Mark Mirsky lives at the corner of Mile Hill and Provencal. He is ok with the new sidewalk and hydrant. He wanted to know that if the road got accepted, will he need to take care of the sidewalk and Planning Director D. Trefethen said once the street is accepted, the City will maintain it. Clay Dunn of 21 Provencal spoke. The City regs say roads need to be 24 ft wide and Provencal is only 22 ft wide. He has to go into the other lane to turn into his property. 5 ft sidewalk with 1 to 1 slope to the ditch line. He thinks that is a hazard. He also feels that the westerly side of the road is where sidewalk could have gone. There is no 3 ft of sublawn before the sidewalk to put garbage or mailbox on. He is concerned that in the winter the road will be narrower. Jon Rokeh stated the development was originally approved in 2005 and the roads were built to those specs. The property owner wanted a more rural road and was told the road needed to be as what was shown on the plan in order to go forward. Clay Dunn doesn’t want to change the road but would move the sidewalk to the other side of the street and make a 3 to 1 to the ditch instead of the 1 to 1. Mark Mirsky noted the job was done well and agrees with C. Dunn. Chair. W. Contardo closed the public hearing at 8:39 PM Motion to continue the application to June 6 made by M. Limanni, E. Merry seconded. All voted in favor, 9-0 4. PL2017-0037SP, 0038CUP(wetland) 63 Blaisdell Ave MBL 304-22-6 Proposal to stormwater infrastructure for boat storage Assistant Director B. Loughlin told the board the application was complete and ready for hearing. Motion to accept the application as complete and open the public hearing made by D. Bownes, G. Denio seconded. All voted in favor, 9-0. Chair. W. Contardo opened the public hearing at 8:41 PM Applicant: Bruce Wright of Irwin Marine and Nick Sceggell of Dubois & King were present. B. Wright gave an overview. The proposal is for site plan approval for boat storage that is in Gilford and CUP for activity around wetlands, in Laconia. The applicant recently completed the 8,100 sq ft building for boat storage. The applicant has also received approval from Gilford for the new building. There was a Site walk with Gilford and Laconia Concom prior to the meeting tonight. The applicant has DES wetland approval. Part of the property includes restoration of Black Brook wetlands. This project will allow Irwin to grow and relieve some of the burden on the Union Ave facility. There could be buildings in the future on the Laconia part, and that would need to go before the board. B. Wright noted the company is committed to not have the past come back. Nick Sceggell discussed the engineering of the project. Black Brook forms part of the boundary for this site. The intent is to have a stormwater gravel wetland, planted pond to provide detention and treatment. They would like to extend the utilities to the pad site. The parcel slopes toward Black Brook. The plan is to cut into the slope at the top and create a flat area then fill the slope to the existing grade. The storm water will run to the storm water wetland and an access to provide maintenance for it will be built. There is proposed to be 24,065 sf of impact. The applicant wants the mitigation to be applied to the site. There are old sawdust piles on site that are currently flat with little vegetation growing. The plan is to remove what is left and allow vegetation to grow. Sediment is being transported within the stream and they don't want it to get into the lake. Mitigation would have the stream meander to make a longer path for more stability. There are catch basins on the site and sumps were increased. The stormwater collects into a network then will be discarded into the pond. Water will travel through perforated pipe then into the ground and horizontally into header pipe then through the slope and repeats. Inspection and maintenance plan was created and submitted with the Alteration of Terrain (AOT) permit. They have a marker rod in the forebay to indicate at what point it would be necessary to remove the sediment. Additional monitoring that occurs during construction will be through the state. The saw dust piles are 0-3 ft. there was a question of where the sawdust came from and B. Wright stated that the site has been multiple wood mills and possibly the hurricane in the late 1930's. Most if the saw dust has been trucked away and stopped at the wetland boundary. Input from the Concom has been for plantings. There are invasive species that need to be removed and that will be done correctly. Chair W. Contardo asked if there is a rule about draining the sawdust piles and N. Sceggell will look into that but feels there isn't anything. Staff review: Planning Director D. Trefethen read the staff review. The site is in pretty good shape, Staff is waiting on final Conservation comments. There were no public comment. Chair. W. Contardo closed the public hearing at 9:07 pm Motion to approve the site plan and CUP applications with the dates and conditions listed in the staff review made by E. Merry, D. Bownes seconded. All voted in favor, 9-0. 5. PL2017-0039SP, 0040CUP(wetland) ~waiver for sidewalk, 406 Court Street MBL 467-54- 27 St. Francis Rehabilitation & Nursing Ctr Proposal to construct a 9000 sf addition, internal renovations, and site improvements Assistant Director B. Loughlin told the board the application was complete and ready for hearing. Motion to accept the application as complete and open the public hearing made by J. Tivnan, G. Denio seconded. All voted in favor, 9-0. Chair. W. Contardo opened the public hearing at 9:10 pm Applicant: Erin Lambert of Nobis Engineering, Shawn Bolduc of Lavallee Brensinger Architects, Brenda Buttrick from St. Francis and Harry Dangora of Catholic Charities were present. E. Lambert explained the project. The proposal is for a 9,000 sf addition. They will also turn 7 double rooms into 14 single rooms as well as laundry, maintenance and a gym. A small portion of the main building will be removed. The addition will be connected to the  sewer on the site. Electricity will be underground. A CUP application for steep slope is being applied for because the building is built into the hill and the expansion is proposed to be as well. They are proposing to take out about 36% of the trees but might be able to preserve more and the percentage will be less. Runoff will be controlled or treated. There is a gravel access road in the rear of the property and that will not be disturbed. The applicant is asking for a waiver for sidewalks because they wouldn’t be accessible and the applicant wouldn't want to encourage pedestrians to cross there. Staff review: Assistant Director B. Loughlin read the staff review. Staff and DPW support the sidewalk wavier. Mark Haynes of 55 Durkee Street spoke. He had concerns about not adding a sidewalk because of the dangerous area with the lanes going from two to one lane. It is like a highway. He has no objections with the project. He asked about Bayview Ave. He had concerns that the plans didn't show it all the way to his property and concerns regarding drainage. Planning Director D. Trefethen according to the plan Bayview Ave is not on the St Francis property and the plan would reflect onsite work. Drainage will be taken care of on the applicant's property. Chair. W. Contardo closed the public hearing at 9:27 pm Motion to approve the sidewalk waiver made by D. Bownes, G. Denio seconded. All voted in favor, 9-0. Motion to approve the site plan and CUP applications with the dates and conditions listed in the staff review made by D. Bownes, E. Merry seconded. All voted in favor, 9-0. VI. Application Acceptance VII. New Business 1. Nominations for officers G. Denio stated that J. Tivnan expressed interest in the secretary position. She nominated J. Tivnan for the secretary position, C. St. Clair nominated W. Contardo for Chair and M. Limanni nominated E. Bones for Vice Chair. The board all agreed. Elections will be June 6. 2. Vote to schedule a public hearing for changes in the use chart, specifically for allowance of night clubs in the CR zone for June 6 D. Bownes explained what happened at Council for the CR zone Table of Permitted Uses chart proposal. The use of "night club" has been sent back for another public hearing from Council to remove the "special exception" and to be "permitted". Motion to schedule a public hearing for the use of "night club" to be permitted by right in the Commercial Resort zone for June 6 made by D. Bownes, G. Denio seconded. All voted in favor 9-0. VIII. Old Business IX. Reports Assistant Planning Director B. Loughlin gave the Planning Dept report. X. Liaison Reports 1. Lakes Region Planning Commission  Chair W. Contardo stated that there is a vacancy for LRPC liaison and to think about it and bring it to the next meeting. 2. City Council D. Bownes noted that there is a Master Plan committee and are going to try to have the first meeting by the end of May. 3. Conservation XI. Other Business XII. Minutes 1. Acceptance of minutes from April 4 Motion to accept the minutes from April 4 made by D. Bownes, M. Limanni seconded. All voted in favor, 8-0. C. St. Clair abstained. XIII. Adjournment Motion to adjourn made by G. Denio, E. Merry seconded. All voted in favor 9-0. The meeting ended at 9:55 PM Respectfully, Kalena Graham