TOWN OF BRADFORD
PLANNING BOARD MINUTES
JULY 23, 2013
7:00PM
Call to Order and Roll Call:
Marcia Keller, Chair called the meeting to order at 7:05pm with Phil LaMoreaux, Vice Chair, Mark Keith, Sonny Harris, Selectmen Representative, John Greenwood, Jim Bibbo, Alternate, Steven Chase, Alternate, Caryl Walker, Alternate and Marge Cilley, Secretary present. Don Jackson and Erich Caron were absent.
Marcia Keller, Chair seated Jim Bibbo for Don Jackson and Caryl Walker for Erich Caron.
Review and Consideration of June 25, 2013 minutes:
Motion was made by Phil LaMoreaux, Vice Chair to approve the June 25th minutes as presented. Seconded by Sonny Harris. Motion carried 6-0.
Doug Web/Lumber Barn-Signs-Map 7, Lot 2:
Doug Webb came before the Planning Board to discuss his present signs and anticipated signs at the Lumber Barn. Several signs are on the property that are not on the Site Plan.
When Mr. Webb does come back to the Planning Board, he was advised he should make sure the additional signs are within the allowed sign size. Illuminated sign has been discussed previously. If new signage is being proposed, then Site Plan Revision would be required, and if larger than what is allowed by the Zoning Ordinance, then you could seek a Variance. Discussion ensued and Mr. Webb advised he will be in with new plans at the next Planning Board meeting.
Tri-fold:
Erich Caron is working on the Tri-fold, but was not in attendance tonight.
Messer Approval:
Marcia Keller, Chair read the following e-mails into the minutes regarding the Rob Messer Site Plan to build an indoor riding arena. (Map 2, Lot 48)
Friday, July 12, 2013 2:01pm from Mark Goldberg to Bernie Waugh, Town Attorney
To Whom this may concern,
Based on the fact that the Bradford Fire Department believes the Messer Riding Arena and Stables is a Agricultural use based on the States Definition in RSA 21:34-a and also based on the opinion of Town Attorney Bernie Waugh as of 7/12/13 the Bradford Fire Department waives all previous comments to the Bradford Planning Board in regard to water storage requirements for the site. The Bradford Fire Department still strongly encourages the Owners to investigate and provide sufficient water storage for their own protection in case of Fire at the premises.
Mark Goldberg, Chief
Friday, July 12, 2013 12:48pm
From Bernie Waugh, Town Attorney
To: Town of Bradford
cc: Mark Goldberg
Legal Opinion:
1. The fact that a particular use is treated as “commercial” under the Town’s zoning and/or site plan regulations is simply legally irrelevant to the question of the proper interpretation and application of the State Fire Code. The statutory bases of these two regulatory schemes are entirely different and separate, and neither is legally binding on the other in terms of interpretation.
Conclusion: If Chief Goldberg, in the exercise of his discretion as the local enforcement official of the State Fire Code, does not believe the fire pond requirement should apply to the Messer riding facility, then the requirement should not be applied there, and the fact that the planning and zoning boards found the use to be “commercial” for purposes of their regulations is not legally relevant to whether his discretion is being properly exercised.
From: Bernie Waugh
Monday, July 15, 2013 9:33am
To Town of Bradford
On the other hand, please understand that my legal opinion definitely was not intended to imply that there was any problem with the PB and ZBA decisions. Quite the contrary, the whole gist of my opinion is that the planning/zoning issues and the fire code issues are unrelated, and there is no reason for them to be at all consistent with each other in terms of the concept of “agriculture”
As I said before the definition of “agriculture” found in RSA 21:34-a is not binding on towns in terms of their zoning and planning regulations.
Question was asked if there is any way we can advise town departments that if they wish to be part of the decision, they should be at the meeting was asked by Phil LaMoreaux, Vice Chair. Suggestion was to modify the form to request the department heads to respond to all notices and to attend the scheduled Public Hearing if there were concerns. Also suggested was for the Secretary to follow up with any department head who has not responded within three or four days, or for e-mails to be forwarded to them as a reminder.
Letter to Selectmen re: Signs:
Walter Royal, Code Enforcement Officer was provided names by the Selectmen of several concerns with signs that were not within code. These are being followed up on.
Comment was made that a portion of the stone wall between the Town of Bradford and Karl Scribner property, Map 17, Lot 52 on Cilley Lane has been removed and needs attention. The plan does show clearly the stone wall that was there.
Motion was made by Phil LaMoreaux, Chair for a letter to be written from the Planning board to the Selectmen, to contain the (RSA for removal of stone walls) regarding the removal of the stone wall on the boundary line between the Town of Bradford and Karl Scribner property due to the construction of a new septic system, and must be replaced.
Seconded by Marcia Keller. Motion carried 7-0.
It was strongly suggested that the Planning Board members read page 34 of 59 of the Bradford Zoning Ordinance, 4th bullet from the bottom.
Meeting adjourned 8:45pm
Respectfully submitted,
Marjorie R. Cilley,
Secretary