TOWN OF BRADFORD
PLANNING BOARD
P O BOX 436
BRADFORD, N.H. 03221
JANUARY 10, 2012
7:00pm
Call to Order and Roll Call:
Marcia Keller, Chair called the meeting to order at 7:00pm with Phil LaMoreaux, John Greenwood, Jim Bibbo, Bill Glennie, Mark Keith, Alternate, Caryl Walker, Alternate and Marge Cilley, Secretary present. Sonny Harris was absent.
Marcia Keller, Chair seated Mark Keith for Sonny Harris.
Review and Consideration of Minutes of December 13, 2011:
Motion was made by Jim Bibbo to approve the minutes of December 13, 2011, seconded by Phil LaMoreaux. Page 3, top of page Verizon Engineering should be Horizon Engineering. Motion with edit carried 5-0 (Jim Bibbo had stepped out of the room)
Marcia Keller, Chair mentioned the Town Forum, since the Planning Board is funding it, being held Saturday, January 14, 2012 at the Kearsarge Elementary School from 10:00am to 12:00 noon. This is an informational session as well as getting views of residents.
Marcia Keller, Chair stated that the policy of the Planning Board is to not take any more business on the Agenda after 9:30pm.
Public Hearing on Petition re: Repealing the Current Zoning Regulations:
Marcia Keller, Chair stated the following petition to repeal the current Zoning Regulations was given to the Selectmen, reviewed by the Town Clerk, and the State Law requires the Planning Board to hold a Public Hearing before it appears on the ballot. Marcia Keller, Chair read the following Petition:
“This article is to see if the town would vote to repeal the current zoning ordance and replace it with the zoning ordance of 1989 as approved by the voters at the town meeting in March of 1989.”
Marcia Keller, Chair opened the floor for public comments for the Public Hearing.
Marlene Freyler stated she is the one who brought in the Petition and advised there are many people who feel the Ordinances are a little too restrictive for businesses, and should be brought back some. The town has had enough and there is no business in town. A lot of people feel it is hard to get businesses in town because of the Ordinances.
Sue McKevitt questioned the Planning Board, what does going back to 1989 actually mean? What would actually be eliminated? Marcia Keller, Chair stated she had put together a list although not a comprehensive one, which were put forward by the Planning Board and approved by the Voters. Some of the definitions clarified the role of the Zoning Board of Adjustment, made it easier for people to add onto pre-existing nonconforming buildings, particularly small lots around the lake. It also clarified set-backs to read from 50’ from the edge of public right of way. Marcia Keller, Chair advised that all the Ordinances were presented to the voters and were approved by them at Town Meeting. There was a provision for rear lots, making it possible for long narrow lots to be divided enabling for people to build on the rear lots. Several other Ordinances were mentioned including the Flood Plain Ordinance and the language there was amended to the Zoning Ordinance that is required by FEMA, and without that language, the town would not be eligible for any FEMA money in the future.
These Ordinances were put into effect to accommodate issues that had been raised.
Sue McKevitt asked Marlene Freyler if she could detail any particular Ordinance that some of the signees on the petition want restricted? Marlene Freyler stated that in how long it takes and many different things.
Bill Glennie pointed out this does not include Site Plan Regulations of Subdivisions which are not part of the Zoning Ordinances. Marcia Keller, Chair advised the only part of Zoning that comes from the RSA’s are the procedures with the exception of RSA 674:41 which mandates road frontage for any subdivision.
Brooks McCandlish, Chair of Zoning Board of Adjustment advised he was on the Planning Board in 1989 and the Ordinance is on the Town Website, as well as all the subsequent Ordinances. Brooks continued to state that most of the Ordinances voted on since 1989 have made it easier for people that wish to subdivide; it clarified some of the language. Much conversation ensued.
John Greenwood questioned Marlene Freyler if the problem is a procedural issue more than it is a regulation issue. Marlene stated it is because they keep coming back and what it costs them, a combination of reasons. It was reiterated that that is the reason why the Circuit Rider, a paid professional from Central N H Regional Planning is made available to help. It was also stated that this professional is very familiar with our regulations.
Marcia Keller, Chair advised the Planning Board is required by state law to hold this Public Hearing and town officials are required to put the petition article on the ballot as it was presented for the voters to vote on. The Planning Board is also required to put on the end of the Article on the ballot whether they approve or disapprove.
The Public Hearing was closed at this time.
Motion was made by Phil LaMoreaux under RSA 675:4,III for the Planning Board to disapprove the Petition ballot to roll back the zoning ordinance to 1989. Seconded by John Greenwood. Bill Glennie abstained. Motion carried 5-0.
Public Hearing for Proposed Buildable Acres:
Phil LaMoreaux read the proposed Buildable Acre amendment. After much discussion, the decision was made to postpone this Public Hearing and continue it for another Public Hearing, after being re-written with the wording being changed. The next Public Hearing date will be posted.
Jennifer Critch-Conceptual Consultation-17 Old Sutton Road- Salon in Home:
Jennifer Critch came before the Planning Board to discuss opening a Salon in a house on Old Sutton Road. Ms. Critch was advised she would need to do a Site Plan Application which would need to be in 21 days prior to the next meeting. Ms. Critch was also advised of the availability of the Circuit Rider who can provide help in filling out the Application. It was stated that there are two different zones in the lot in question, and if it is in the residential/rural section, then a Special Exception would have to be obtained.
Ed Saltalamacchia-Wet Basement Solutions:
Mr. Saltalamacchia did not appear.
O E Trucking Public Hearing Continuation:
O E Trucking called and stated they would like a continuation of their Public Hearing until February 14, 2012. This request needs to be in writing to the Planning Board.
Sylvia Hasey Subdivision –East Washington Road, Map 5, Lot 64. Ray Critch, Representative:
The Planning board reviewed the Subdivision Application for completeness.
Motion was made by Phil LaMoreaux to accept the Sylvia Hasey Subdivision Application as complete. Seconded by John Greenwood. Jim Bibbo had stepped out of the room. Motion carried 5-0.
Ray Critch brought in a large re-designed map and gave explanation.
A legal deed description of each lot was provided.
Also test pit data was provided by Mr. Critch, which shows on the Topo sheet.
John Greenwood brought up non disturbed areas and wet land setbacks which was discussed at length.
Marcia Keller, Chair opened the Public Hearing
There being no comments from the public, the Public Hearing was closed.
It was stated that the changes required are administrative changes.
Motion to approve the Sylvia Hasey Subdivision was made by Bill Glennie with the following conditions. Seconded by Phil LaMoreaux
1. Drawing changes – . a. Table at short boundary lines added.
b. Size of Buildable acres added.
c. Change lot “64A-1” to lot “64B”
2. Set boundary rebar
3. Mylar suitable for filing.
Motion carried 6-0.
Ray Critch was thanked for his patience this evening.
Dependable Dumpster,LLC – 2190 Star Route 114-Charles Martin, Manager
Site Plan Review –property owner Harriet Hobbs.
Amy Greenhalgh, Office Manager for Dependable Dumpster advised she is coming before the board this evening as both owners are out of town.
The board reviewed the Application.
The letter from Harriet Hobbs to Dependable Dumpsters, LLC
Charles Martin was read by Marcia Keller, Chair. (Letter is on file) It was stated that the Planning Board does need a letter from Ms Hobbs, as property owner, authorizing another party to act in her behalf. Amy Greenhalgh advised she will request this.
It was commented that there are no signs or lighting showing as being proposed.
Motion was made to accept the Application as being complete by Phil LaMoreaux, Seconded by John Greenwood for Dependable Dumpster, LLC. Motion carried 6-0.
Public Hearing:
Harold Mellott, an abutter questioned and is concerned if and what material is being stored there. Marcia Keller, Chair read: The existing use of the flat area north of the barn to be used for storing miscellaneous equipment. The proposed use of the flat area north of the barn to be used also for temporary storage of dumpsters and trucks. It was stated that there has been storage of material in several of the dumpsters for a period of time, and Mr. Mellott is concerned about the contents of the debris and the run off as well as it being an eyesore in the area.
A letter was read by Marcia Keller, Chair from Everett Kittredge, an abutter who has several concerns and expressed his strong opposition of subject use of the property. (letter is on file).
Marcia Keller, Chair read comments from the town boards:
Building Dept. – Concerned about the size of the property being .66 Acre and entering/exiting on Route 114, also, what is temporary?
Road Agent – Poor location of storage of dumpsters as it is on a dangerous curve in the road which has a high volume of traffic and trucks turning in and out could cause a severe accident.
Jim Bibbo, his concern is a truck would not have too much difficulty backing in and turning with seven dumpsters as the picture indicates, but there are currently 12 dumpsters on the property and they come right out to the edge of the road, and this is not what the plan calls for. If they are full or empty, they are in violation of what they stated they were requesting. Jim Bibbo also stated they are trying to approve a plan and they are in violation before the plans are even passed.
It was stated that there are State requirements.
Consensus of the Board is that this location presents a hazard, and there is also concern about the visual aspect of it. Marcia Keller, Chair read the Purpose of Site Plan –
The Purpose of the Site Plan Review Regulations and the Site Review procedure is to provide for the safe and attractive development of the Site. It also states it shall provide for the harmonious and aesthetically pleasing developments of the Municipality and its environs.
Phil LaMoreaux proposed tabling this until their next meeting, and it would be up for debate whether to have CNHRPC look at this Site Plan.
George Cilley interjected the purpose of the Planning and Zoning is to help protect the existing land owners from disgrace in use of properties. Not being an abutter, I do drive by there every day, and for the State to allow the dumpsters to be parked on the right of way is not correct.
Phil LaMoreaux Commented that even if the dumpster is empty, it can fill up with water and leach out when picked up and would probably run into the wetland behind them. There is potential for contaminated material to be stored in the dumpsters.
Motion was made by Phil LaMoreaux to request CNHRPC to review this application. Seconded by John Greenwood. Motion carried 6-0. The Public Hearing will be continued at the next meeting, scheduled for February 14, 2012.
Marcia Keller, Chair advised that it would show good faith on Dependable Dumpster’s part to cease operations there until the Site Plan has been approved. It has not been an approved Site Plan for what is being proposed.
The Board thanked Amy Greenhalgh for coming in this evening.
Amy Greenhalgh listed the concerns being.
A request the Board receive a letter from Harriet Hobbs authorizing Dependable Dumpsters to use her property.
Regards to 50’ set back.
There are twelve dumpsters there instead of the listed seven.
Concern about the dumpsters being empty, not full.
Loading and unloading of the dumpsters being a hazard.
Visual disgrace.
Curb cutting.
Marcia Keller, Chair advised CNHRPC will not only forward a copy of the review to the Planning Board, but also to Reliable Dumpster, LLC.
It was noted that DOT has looked at the Site and did not like the situation. Some of the dumpsters are on the State Right of Way, the trucks cannot back out onto the road. Dependable Dumpster’s have been notified they do need a state curb cut and they must get the dumpsters off the state Right of Way.
Buildable Acres:
Jim Bibbo stated that when he had reworded Buildable Acres by crossing out and underlining part of it, no one had stated at that time that he needed to go through and change other parts until tonight, which seems a little unfair. Jim did state that he will update it again.
Marcia Keller, Chair handed out some interesting information relating to court cases to the board for their perusal, relating to Dependable Dumpsters.
Meeting Adjourned 9:40
Respectfully submitted, Marjorie R. Cilley, Secretary