Planning Board

CIT Y OF LACONIA PLANNING BOARD Tuesday, June 6, 2017 - 6:30 PM City Hall - Conference Room 200A Minutes Call to Order Accepted July 11, 2017 I. 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 nine (9) members present and a quorum was established. M. Limanni was appointed as a voting member. Chair W. Contardo also stated that the items on the agenda were going to be moved around. II. Presentations III. Extensions IV. Continued Public Hearings 1. PL2016-0120SP, 0121SU, 0123CUP(cluster), PL2017-0002CUP(perimeter buffer), 0003CUP(cluster buffer setback), 0068CUP(wetland/vernal pool), 0079CUP(steep slope), waiver for sidewalk, Endicott Street East, The Gardens, construction of 86 residential unit cluster subdivision Chair W. Contardo opened the public hearing at 7:35 PM. Applicant: Atty. Pat Wood, Vahe Apelian and Yervant Nahicken, Jason Hill and Chris Danforth of TF Moran, and Ethan Wood, were present. Atty. P. Wood updated the board. The applicant received comment from Concom today, DOT is looking at the entrance and exit, meeting in the next week or two, updated information for the wetlands have been submitted to DES and being reviewed, the alteration of terrain permit is in process and additional test pits need to be done, the sewer connection to Winnipesaukee River Basin project connection in process, and the Water and Fire Depts had some comments the applicant is working on as well. Atty. P. Wood mentioned that there were a few changes: road names, one single family unit has been changed to a duplex, they submitted a CUP application for the vernal pool and steep slope and plantings have been added due to concern of lights from the abutters. Vernal pool discussion: Atty. P. Wood stated the ordinance says there needs to be a 100 ft buffer from the pool. The applicant is asking for that buffer to be more oval than circular, due to the fact that the area has already been substantially disturbed. Vernal pools dry up in most normal years and those animals live for a brief period of time. The vernal pool will not be touched. Buildings are at least 50 ft away from the vernal pool. The Concom memo to remove the houses took the applicant by surprise. D. Bownes asked for examples of directional buffers approved anywhere else. Atty. P. Wood said that Maine is said to be in the works of adopting the concept on how to protect the animals. The requirements for the vernal pool are fairly new. The original approval didn't have vernal pool requirements and the buffer was 30 ft instead of 50 ft. The board was curiuos of the Concom's reasoning for the memo and Dean Anson, Chair of the Concom explained the memo's rational. Animals will migrate 100 ft after mating, based on science. He understands the idea of the directional buffer but the city has no regulations for a directional buffer. Planning Board Director D. Trefethen made the point that if the 100 ft buffer stays the area will grow become habitat. The directional buffer proposed conforms to the wetland buffer that is already there and already protected. He asked for the board to not introduce something new and set a precedent. M. Limanni asked in the proposed approach is the applicant still providing the same square footage around the pool and what spirit of what the buffer represents. Planning Director D. Trefethen stated that normally the buffer is maintained in it's natural state, and understands that is not the case here. Chris Danforth talked about the vernal pool. He found the three species. The 100 ft is only the City's number and there is a lot of debate and discussion on buffers by the state. He finds the directional buffer a perfect situation because the circular is not sustainable to the species. Assistant Director B. Loughlin explained the point of the regulations and protection. The regulations do provide for replanting in buffer areas when things are disturbed. She thinks the directional buffer is confusing. The City regulations apply a 100 ft circular buffer. The point of a buffer is to minimize impact on that buffer area to provide protection for the actual area being protected. So the question the board should be asking is: is any of the property construction going to impact that area and is the board ok with that, because of the uniqueness of this property. By granting the CUP the board is granting the ability to work in that buffer. The buffer shape isn't changing, but granting the ability to do work in that buffer. The buffer exists to protect the resource it'self and to provide an area so that creep doesn't happen or any development that does happen is done thoughtfully. M. Limanni said the area has already disturbed and the applicant has come up with a thoughtful idea. Atty P. Wood continued with the presentation. What currently exists on the site serves as sufficient and adequate area for the animals and the vernal pool. The applicant is asking for permission to build within that part of the 100 ft buffer that has been previously disturbed. The minimum distance from the pool will be 30 ft. C. St. Clair asked if there are any protections for the area so people won't make paths or put things there and was told in the docs they will have language for that. C. St. Clair would prefer signs or something more clear than just language. Atty. P. Wood continued with the sidewalk waiver. The location is for the area of road in the northeast corner of the property. The topography is steep and there are no houses in the area. The waiver is only for that portion of the road. D. Bownes asked what Staff thought and was told they don't have full recommendations for the project yet because there are still a number of things to be addressed. Atty. P. Wood continued with the steep slope. The majority of the roadway has already been substantially disturbed. The areas left to be disturbed are located on the southerly side of the development. Assistant Director B. Loughlin stated that the project has a number of outstanding items and they anticipate another TRC meeting depending on the outcome of the last third party. Hopefully staff will have recommendations for July 11. No one from the public spoke for or against the application.  The public hearing was closed at 8:45 pm. Motion to continue the application to July 11 made by D. Bownes. Assistant Director B. Loughlin asked the board for input from the board on any particular questions or issues that the board wants staff to address to give clear instructions. D. Bownes would like input form the Planning Dept on all the issues that applicant is asking for, a report on those issues, and other information on the directional buffer. He wants more science on the vernal pool. M. Limanni seconded and asked for evidence that shows the spirit of the buffer, does the design presented benefit the way the buffer was intended for the environment and developer win. By the next meeting there should be recommendations that incorporate what has been discussed. E. Merry would like a site visit. 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 6:36 pm. Applicant: Bryan Bailey explained the proposal. The item outstanding between Winchell and Sullivan is no longer an issue. They have come to agreement and have a signed easement. The easement grants the right to maintain the encroaching porch and fence located along the property line. No one from the public spoke for or against the application. The public hearing was closed at 6:40 pm. Motion to approve the waiver for sidewalk made by J. Tivnan, G. Denio seconded. All voted in favor 9-0. Motion to approve the subdivision application with the dates and conditions stated in the staff review made by J. Tivnan, G. Denio seconded. All voted in favor 9-0. 3. PL2017-0031 Provencal Road Proposal to accept Provencal Road as a City Street Chair W. Contardo opened the public hearing at 6:33 PM. Applicant: Jon Rokeh was present representing Double D Development for any questions. He stated that the road was built exactly to the approved design according to City standard. No one from the public spoke for or against the application. Assistant Director B. Loughlin gave staff input and recommends the Planning Board recommend the acceptance to Council. The public hearing was closed at 6:35 PM. Motion to recommend the acceptance of Provencal Road as a city street to Council made by E. Merry, D. Bownes seconded. all voted in favor 9-0. V. Public Hearings 1. Amendment to the Table of Permitted Uses, specifically for allowance of night clubs in the CR zone D. Bownes gave a brief explanation and history.  Chair W. Contardo opened the public hearing at 7:09 pm. Rich Tilton and parents, owners of 591 Weirs Blvd, Resort On the Bay were present. Rich Tilton spoke. Joanne Tilton mentioned that they have a seasonal campground and worried about the future of it. The public hearing closed at 7:25 pm Motion to recommend all the uses in the Commercial Resort zone with the single change of night clubs being permitted made by D. Bownes, M. Limanni seconded. D. Bownes amended the motion to add the place of worship in all the zones back into the use chart. All voted in favor 9-0. 2. PL2017-0071SP; 234 Messer Street, replace a 5720 sf structure with a 3000 sf structure, site work and drainage Assistant Director B. Loughlin told the Board the application was complete and ready for hearing. Motion to accept the application as complete made by J. Tivnan, C. St. Clair seconded. All voted in favor 9-0. Chair W. Contardo opened the public hearing at 6:44 PM. Applicant: Mike Dutile explained the proposal. Natural drainage will be used. The City is engaging in part of the project on Messer Street. The demolition is coming in Thursday. Fisher Engineering will do the concrete for the base. Test pits will be done for the footings. He plans on finishing by summer. The building will be built like a bridge. There is a lot of track that is no longer used and M. Dutile would like to clean that area and make it look better. E. Merry asked about any environmental impacts this would have on the site and Dutile said the oil tanks are not moving and the building is being moved back 35 ft. About 25 years ago the ties were redone by the State and pressure treated was used rather than creosote. There will be no change to the drainage pattern. Assistant Director B. Loughlin read the staff review. No one from the public spoke for or against the application. The public hearing was closed at 7:03 PM. Motion to approve the site plan application with the dates and conditions stated in the staff review made by J. Tivnan , C. St. Clair seconded. All voted in favor 9-0. VI. Application Acceptance 1. PL2017-0076SP; 183 Messer Street, convert the grass display area to gravel and construct access off Messer Street Assistant Director B. Loughlin told the Board the application was complete. Motion to accept the application and schedule the public hearing for July 11, 2017 made by J. Tivnan, E. Merry seconded. All voted in favor 9-0. 2. PL2017-0077CUP (wetland buffer); Big Island, Paugus Bay, install electrical pad for a transformer for the existing structure Assistant Director B. Loughlin told the Board the application was complete.  Motion to accept the application and schedule the public hearing for July 11, 2017 made by D. Bownes, C. St. Clair seconded. All voted in favor 9-0. VII. New Business 1. Officer Elections Chair W. Contardo announced the nominations: W. Contardo for Chair, E. Bones for Vice Chair and J. Tivnan for Secretary. All have accepted the nominations. The board voted all in favor 9-0. VIII. Old Business IX. Reports 1. Planning Dept X. Liaison Reports Chair W. Contardo mentioned that the City is looking for liaisons to the Conservation Commission and Lakes Region Planning Commission. Staff will find out when the two meet and requirements. C. St. Clair and M. Limanni were interested. 1. LRPC 2. Conservation 3. City Council The Master Plan committee had their first meeting last week and the next will be June 14. XI. Other Business XII. Minutes 1. Acceptance of minutes from May 2 The revised minutes from May 2 were sent out May 18. Motion to accept the minutes made by M. Limannl, D. Bownes seconded. All voted in favor 9-0. XIII. Adjournment Motion to adjourn made by M. Limanni, E. Merry seconded. All voted in favor 9-0. The meeting ended at 9:09 pm. Respectfully, K. Graham