Planning Board Minutes 10.13.20

       TOWN OF BRADFORD

PLANNING BOARD MINUTES

October 13th, 2020

7:00 PM BRADFORD COMMUNITY CENTER 134 EAST MAIN STREET & REMOTELY VIA ZOOM

The meeting was called to order at 7:04 pm

Members Present: Pam Bruss (Chair), Carol Troy (Vice Chair), Carol Meise (via Zoom), Tom Dunne, Laurie Colburn (via Zoom), Sonny Harris (Alternate), Mel Pfeifle, and Michael James (Selectmen’s Rep).

Members Absent: Doug Troy (Alternate), Steve Chase (Alternate)

Public Present: Ken Milender, Gerald (Jay) Martin, Mike and Janet Bauer, Dick Wright, Mike Hurley.

To Do:

  • Review and consideration of the September 22nd, 2020 minutes.

Motion: Carol Troy motioned to accept the minutes as written with edits.

Second: Mel Pfeifle

Decision: Carol Meise- Ayes, Michael James- Ayes, Laurie Colburn- Ayes, Tom Dunne- Ayes, Carol Troy- Ayes, Pam Bruss- Ayes, Mel Pfeifle-Ayes.

Pledge of Allegiance at 7:06pm

Appearances:

  • Continuation of Public Hearing- Applicant Jay Martin Map 7 Lot 68-

Jay Martin was present. The Continuation of the Public Hearing opened at 7:07 pm. Jay Martin updated the Planning Board that the LOMA documents have been filed by surveyor Chris Paton on 10/12/20.  The plans will not be sealed until the engineer has finalized the LOMA documents and receives State subdivision approval from DES. The state as of right now does not require the LOMA documents in order for approval. The Planning Board discussed the reviewal process of the application with the applicant, the applicant is waiting for the LOMA overlay and DES Subdivision approval and agreed that the Planning Board is not delaying the application. A review decision will need to be made at the next Planning Board meeting to determine how to move forward with the application.

Motion: Carol Troy motioned to close the Public Hearing at 7:15 pm and to continue the Public Hearing on October 27th,2020.

Second: Mel Pfeifle

Decision: Carol Meise- Ayes, Michael James- Ayes, Laurie Colburn- Ayes, Tom Dunne- Ayes, Carol Troy- Ayes, Pam Bruss- Ayes, Mel Pfeifle- Ayes.

Subdivision Application for Map 10 Lot 6, Applicant Susan Murphy-

Mike Bauer was present and authorized by the applicant Susan Murphy to speak on behalf of the Subdivision application for Map 10 lot 6. Chris Paton is the surveyor and is awaiting DES subdivision approval from the State. The Chair Pam Bruss read the application into record. Carol Troy questioned where the driveway for lot number two was located on the map. Mike Bauer clarified that the driveway for lot number two is an existing driveway. The drive way for lot number one may cross into wetlands. A driveway access permit is not required at this point in time. The driveway access will need to be located on the map. The Planning Board let the applicant know that an updated deed description is needed. Sonny Harris questioned if the well located on the map has deeded property rights. The applicant will verify and confirm if there are deeded rights to the well on the property.

*A Site Walk has been scheduled for November 8th, 2020 at 3:00 pm.

*A Public Hearing will be held on November 10th,2020 at 7:00pm.  

  • Continuation of Public Hearing for Map 3 Lot 109 A – Applicant (s) George and Wendy Naughton-

The Public Hearing opened at 7:36pm. The applicant(s) were not present nor engineer Bob Stewart.  E-mail communication from engineer Bob Stewart stated that the applicant (s) would like to with draw their application for Map 3 Lot 109 A. The application for Map 3 Lot 109 A has been withdrawn. The Public Hearing closed at 7:36 pm.

  • Continuation of Public Hearing for Map 6 Lot 99- Applicant (s) George and Wendy Naughton-The Public Hearing opened at 7:36pm. The applicant (s) George and Wendy Naughton and engineer Bob Stewart were not present.

Motion: Laurie Colburn motioned a continuation of the Public Hearing for the October 27th,2020 Planning Board meeting.

Second: Carol Troy

Decision: Carol Meise- Ayes, Michael James- Ayes, Laurie Colburn- Ayes, Tom Dunne- Ayes, Carol Troy- Ayes, Pam Bruss- Ayes, Mel Pfeifle-Ayes.

The Public Hearing was closed at 7:37pm.

  • Land Use Discussion- Map 2 Lot(s) 110 & 111-

Mike Hurley of 36 West Main Street, Bradford NH – Board of Directors of Bradford Fish and Game was present.

Dick Wright Board of Morse Hill in Newbury NH- Board of Directors of Bradford Fish and Game was present.

  • As of October 13th,2020 an application for Map 2 Lot 110 & 111 has not been submitted. Pam Bruss has reached out to CRNHPC for guidance as well as town council.  Pam Bruss asked if any of the Planning Board members needed to recuse themselves from the discussion. As of recent it was brought to Chair Pam Bruss ‘s attention that Michael James may have helped purchase the land and later gifted the land to the Bradford Fish and Game. Pam Bruss asked if anyone objected to having Michael James recused from the Land Use Discussion for Map 2 Lot(s) 110 and 111. Michael James recused himself.
  • Pam Bruss read into record the history of Bradford Fish and Game.  Map 2 lot 110 was gifted in 1947. Map 2 Lot 111 was purchased on March 23rd,2015 and gifted to the Bradford Fish and Game. A shooting range was established at some unknow point in time on Map 2 Lot 111 consisting of 6.6 acres. The Land Use Discussion is to distinguish if a site plan is required for Map 2 Lot(s) 110 and 111 or if Map 2 Lot(s) 110 and 111 are grandfathered. Pam Bruss opened the discussion to the Bradford Fish and Game Club.
  • Dick Wright on the Board of Directors for the Bradford Fish and Game Club clarified that the statement made from the previous meeting by Fritz von Beren in regards to the distance from the back stop to the road is 700-900 feet not yards.  Dick Wright added that the shooting back stop is 377 feet from one abutter, and 215-feet from another abutter. Dick Wright stated that in 1966 shooting began on Map 2 Lot 111 via verbal permission and agreeance from the abutting properties. The lot 215 feet from Map 2 Lot 111 was not built until 1967. Moved debris and logs have been put in place and is being utilized as a shooting back stop. The Club shoots 22s and high-powered jacketed bullets. Dick Wright read the Bradford Fish and Game and presented the shooting log. The shooting log does not state any location of where shooting has taken place. Dick Wright stated there is no evidence of where shooting occurred because bullet traps were in place to catch bullets.  Dick Wright stated that the club is for members only. Currently there are twenty Members and forty honorees members. Mike Hurley added that a letter has been sent to the Bradford and Newbury Police Departments expressing that if a complaint has been made that anyone found on the property and does not have a member card for the club must be removed off the premises.
  • Planning Board member Mel Pfeifle spoke in regards to the noise around the lake stating that there is a lot more shooting activity, and it’s not just from the Bradford Fish and Game Club. Carol Meise discussed from the Previous meeting Mel’s suggestion of keeping a detailed record of shooting activity. Sonny Harris spoke in high regard for Dick Wright and expressed that this should be something that should be grandfathered. Pam Bruss shared that the Zoning Board Chair Brooks McCandlish, Karen Hambleton the Town Administrator and herself had a discussion with town council. Pam Bruss read the informational grandfathered memo into record.  Pam Bruss stated that Map 6 lot 111- was purchased and gifted; the Planning Board needs to make a decision if a site plan is required. Carol Meise expressed the need to consider if there has been expansion. Pam Bruss read a Zoning Complaint into record. At this moment in time the information presented is all that the Planning Board is aware of. 
  • Mike Hurley wanted to share a complaint of a similar situation in the town of Hollis. Mel Pfeifle suggested looking at other cases as a reference point. Michael James a member of the Public suggested possibly having town council present. Mel Pfeifle suggested the Lake Todd Association and the Bradford Fish and Game the possibility of working towards an agreement with each other. Dick Wright questioned why the town lawyer did not include RSA 159b. The Planning Board discussed that there may be a non-conforming use with the lot.  Laurie Colburn stated that there needs to be a clear understanding if there was shooting on the parcel prior to the enactment of the Zoning Ordinance.

Motion: Carol Troy made a motion to continue the discussion and have town counsel present at the next discussion.

Second: Laurie Colburn with an amendment to include: That the Planning Board ask town counsel to provide guidance on how to validate the property being used for shooting prior to 2015.

Decision: Mel Pfeifle- Ayes, Tom Dunne Nay, Carol Troy – Ayes, Laurie Colburn- Ayes, Carol Meise- Ayes, Pam Bruss Nay.

Town Counsel will be contacted to confirm the tentative date for the next discussion possibly on 11/10/2020.

Michael James seated at 8:54pm.

Other Communications:

  • Central New Hampshire Regional Planning Commission have been contacted and the Planning Board was quoted for their assistance in aiding support with future applications, site plans, etc.; to alleviate some of the Planning Boards workload.
  • The Board discussed the establishment of one working meeting a month and a meeting once a month to accept applications. The Planning Board discussed on how to utilize the help that may be obtained from Central New Hampshire Regional Planning Commission.

Motion: Carol Troy motioned to change the meeting formats on or around January 1st,2021: the first meeting for working meetings, the second meeting to accept applications.  

Second: Michael James

Decision: Carol Meise- Ayes, Michael James- Ayes, Laurie Colburn- Ayes, Tom Dunne- Ayes, Carol Troy- Ayes, Pam Bruss- Ayes.                                                                             

  • The Planning Board discussed the attendance of upcoming Land Use Conference on

October 31st,2020. Carol Troy and Laurie Colburn will be in attendance.

  • Carol Troy updated the Planning Board that the next Capital Improvement Program meeting will be held on October 26th,2020 at 5:30 pm and that a Public Hearing for the CIP will be held on October 27th,2020 at the next Planning Board meeting.

Planning Board Communications:

The next Planning Board Meeting will be held on October 27th, 2020 at 7:00pm at the Bradford Community Center on 134 East Main Street & remotely on the ZOOM platform. To access and participate in a Planning Board meeting using the Zoom platform, either:

  1. To join Zoom meeting online: https://zoom.us/j/309707493?pwd=WitYNjlENWhsNkdtNERrRjZiWlNiZz09

Meeting ID: 309 707 493

Password: 757403

or

  1. Use a telephone to dial one of the following numbers:

 +1 929 205 6099 US (New York)

 +1 312 626 6799 US (Chicago)

 +1 669 900 6833 US (San Jose)

 +1 253 215 8782 US

 +1 301 715 8592 US

 +1 346 248 7799 US (Houston)

And enter the following Meeting ID when prompted:

Meeting ID: 309 707 493

            Password: 757403

Motion: Carol Meise motioned to adjourn.

Second: Michael James

Decision:  Mel Pfeifle- Ayes, Tom Dunne- Ayes, Carol Troy – Ayes, Laurie Colburn- Ayes, Carol Meise- Ayes, Pam Bruss- Ayes, Michael James- Ayes.

 Adjourned at 9:14 pm

Draft Minutes submitted by

Katie Olohan

Planning Board Secretary