Planning Board

LACONIA PLANNING BOARD Tuesday July 11, 2017 – 6:30 PM City Hall – Conference Froom 200A MINUTES Accepted August 1, 2017 CALL TO ORDER Chair W. Contardo opened the public hearing at 6:30 PM RECORDING SECRETARY Kalena Graham ATTENDANCE K. Graham called the roll with the following members present: Charlie St. Clair, Michael Limanni, David Bownes, Jay Tivnan, Gail Denio and Chair William Contardo Absent: Michael DellaVecchia, Edwin Bones, Elizabeth Merry M. Limanni was appointed a full voting member. STAFF IN ATTENDANCE Planning Director Dean Trefethen, Assistant Director Brandee Loughlin ACCEPTANCE OF MINUTES 1. Acceptance of minutes from June 6 Motion to accept the minutes made by G. Denio, J. Tivnan seconded. All voted in favor 6-0. PRESENTATIONS EXTENSIONS 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 6:32 PM Staff gave an update on the application. Applicant: Atty. Ethan Wood, Vahe Apelian and Yervant Nahicken, and Jason Hill of TF Moran, were present. Atty. E. Wood updated the board. He noted the discussion regarding the impact on the vernal pool. His impression was that the Conservation Commission was not opposed to the directional buffer, but that a directional buffer was not in the regulations. The DOT will require removing some utility poles on Endicott to acquire a third lane. A location for a rain garden was found in the rear of the property but the land doesn’t allow for more than one. Permanent wetland impact will be approximately 7100 sq ft and the temporary impact is approximately 6100 sq ft. The board was looking for science behind the vernal pool species and what other jurisdictions have done regarding the directional buffer. Atty. E. Wood passed out some back up on that. Maine is one state that approves directional buffers. D. Bownes stated the question is if there will  LACONIA PLANNING BOARD Tuesday July 11, 2017 – 6:30 PM City Hall – Conference Froom 200A MINUTES Accepted August 1, 2017 be damage to the ecological system. Chair W. Contardo asked in what way is the vernal pool improving and was told the hydrology is not effected by the grading design and the flow in the wetlands will be maintained. No one spoke for or against the vernal pool conditional use application. Staff Review: Planning Director D. Trefethen read the staff review. Staff does not support the vernal pool CUP application. D. Bownes’ view is if the vernal pool would be less impacted then there is no reason to not grant approval. Planning Director D. Trefethen would prefer not referring the numbers as arbitrary. The number was taken for a reason and can be looked at as a starting point. M. Limanni said in his opinion the questions is the protection of the pool, not necessary in a circular only and keeping toward the nature of it. Chair W. Contardo closed the public hearing at 7:13 pm Motion to approve the CUP for vernal pools with the conditions stated in the staff review made by M. Limanni, J. Tivnan seconded. The motion passed 5-1 (C. St. Clair, M. Limanni, D. Bownes, J. Tivnan and Chair W. Contardo for; G. Denio oppose). Cup for wetland buffer: The public hearing was opened at 7:17 pm Atty. E. Wood explained the wetland buffer application. J. Hill went over the impacts. There will be approximately 25,000 sq ft of and temporary disturbance of 3690 sq ft. Planning Director D. Trefethen noted the Conservation Tech will be inspecting the site and any silt fences prior to and during construction. No one from the public spoke for or against the wetland CUP application. The public hearing closed at 7:27 pm. Motion to approve the wetland buffer cup with conditions stated in the staff review made by D. Bownes, Ml Limanni seconded. All voted in favor 6-0. Waiver for sidewalks: The waiver is for one part of the internal road where there are no buildings and in the wetland buffer. They are keeping with the city standards for width along the entire internal road. D. Bownes was not comfortable with the waiver and thinks vehicles and people will use that part of the road simply because it’s there. Atty. E. Wood stated that it will be used but he thinks, not by many. Assistant Director B. Loughlin pointed out the walkway through the wetland ends in the middle of the “no sidewalk area” of the road. C. St. Clair feels this is not a big deal because there is not much distance without a sidewalk. Chair W. Contardo said the wavier is for safety and he doesn’t feel this will not be an issue. D. Bownes disagreed. D. Bownes would like to see a sidewalk on the entire road. M. Limanni thinks in the long run of sidewalk would benefit the development. No one from the public spoke for or against the applications. The public hearing closed at 7:44 pm  LACONIA PLANNING BOARD Tuesday July 11, 2017 – 6:30 PM City Hall – Conference Froom 200A MINUTES Accepted August 1, 2017 Motion to deny the sidewalk waiver made by D. Bownes, G. Denio seconded. 5- 1 (M. Limanni, D. Bownes, G. Denio, J. Tivnan, Chair W. Contardo for; C. St. Clair oppose). J. Hill asked if a wider shoulder would work and the board objected to the question. Site plan, cluster subdivision and steep slope CUP: Assistant Director B. Loughlin explained what the next applications were and that there could be one discussion and motion. She read the staff review. Staff is comfortable recommending approval on the steep slope CUP as well as recommending approval of the site plan and subdivision applications with conditions. One change to the staff review was to make the reference of homeowners association rather than condominium and strike condition 3 h entirely. She also noted the project will be phased. No one from the public spoke for or against the applications. The public hearing closed at 7:50 pm. Motion to approve the site plan, subdivision and steep slope CUP with the dates and conditions as stated in the staff review, including the striking of 3 h and change all “condominium” to “homeowner association”, made by D. Bownes, C. St. Clair seconded. All voted in favor 6-0. PUBLIC HEARINGS 1. PL2017-0076SP; 183 Messer Street, convert the grass display area to gravel and construct access off Messer Street Chair W. Contardo opened the public hearing at 7:56 pm. Applicant: Peter Howard, representing Irwin Motors Corp, was present. He explained the history of the site. The site has use restriction of digging down no more than 24 inches. A year ago a porous pavement parking lot was approved but that didn’t go forward. Instead they would like to do a gavel area with an 8 ft wide “gravel pave 2” around the perimeter. This will be an inch thick over a gravel stone mix. The loam will be stripped off and there will be a 10 ft perimeter of grass. The slope is gentle and should catch any runoff. Planning Director T. Trefethen noted that what is being proposed is a vast improvement from what exists. There is also a 26 ft wide entrance off Messer Street proposed. Currently the trucks go over the railroad right of way and the state would like to have that crossing end. C. St. Clair feels the Messer Street entrance is a bad idea to make. Planning Director D. Trefethen added that the product was tested and demonstrated and worked. Assistant Director B. Loughlin stated that the board could add condition to reserve the right to review any conditions of the site after one year of completion to ensure site the site functions as intended. Staff Review: Assistant Director B. Loughlin read the staff review. No one from the public spoke for or against the application. P. Howard asked about the added condition and what would happen after a year if it is not working or gets damaged and was told that it would need to be replaced. P. Howard feels the applicant will keep it maintained and that shouldn’t be an issue.  LACONIA PLANNING BOARD Tuesday July 11, 2017 – 6:30 PM City Hall – Conference Froom 200A MINUTES Accepted August 1, 2017 The public hearing closed at 8:25 pm Motion to approve the site plan application with the dates and conditions as stated in the staff review with the addition that the site is subject to a one year review made by D. Bownes, G. Denio seconded. C. St. Clair stated he will abstain from voting because he doesn’t want to be a party to approve what the DOT is doing about the railroad crossings. All voted in favor 5-0, with C. St. Clair abstaining. 2. PL2017-0077CUP (wetland buffer); Big Island, Paugus Bay, install electrical pad for a transformer for the existing structure Chair W. Contardo opened the public hearing at 8:28 pm Applicant: Peter Howard representing NH Big Island Co was present. He explained the history of the cottage and the CUP application for the wetland buffer. The new utility line that was drilled under the water came up in the buffer on the island. The CUP would be for a temporary disturbance that would be replanted. The lines would be underground and hooked on a pad which would be in the buffer. The transformer is environmentally safe as well. There is an existing backup generator for the sewer and is propane generated. Staff Review: Assistant Director B. Loughlin read the staff review. No one from the public spoke for or against the application. The public hearing closed at 8:39 pm Motion to approve the wetland buffer CUP application with the dates and conditions as stated in the staff review made by M. Limanni, C. St. Clair seconded. All voted in favor 6-0. APPLICATION ACCEPTANCE NEW BUSINESS OLD BUSINESS 1. Review of Impact Fee per Council request D. Bownes was not prepared to tackle the subject at the current time. He would like to see some changes but feels the subject needs to be reviewed. He feels if should go with the TIF districts. He would like to have staff give the board a memo on the history and what a proposal should be. He needs more clarification by Council of what they are looking for. He would like it to be taken up at the next meeting. Motion to continue the impact fee discussion to August 1, 2017 made by D. Bownes, M. Limanni seconded. All voted in favor 6-0. PLANNING DEPT REPORTS Planning Director D. Trefethen gave the department’s report. He mentioned that the new website is up and running. He reminded that the LRPC and Conservation are still looking for a liaison. August 3 is the city BBQ at Opechee Park at noon.  LACONIA PLANNING BOARD Tuesday July 11, 2017 – 6:30 PM City Hall – Conference Froom 200A MINUTES Accepted August 1, 2017 LIAISON REPORTS 1. City Council: David Bownes reported the CR table of use changes was approved. 2. Lakes Region Planning Commission 3. Conservation Commission OTHER BUSINESS Chair W. Contardo discussed the last Master Plan meeting and noted the next will be July 26, 2017. ADJOURNMENT Motion to adjourn made by M. Limanni, G. Denio seconded. All voted in favor 6-0. The meeting ended at 8:55 PM. Respectfully, K. Graham