Planning Board Minutes 12.19.17

PLANNING BOARD MINUTES 12.19.17

TOWN OF BRADFORD

PLANNING BOARD

Meeting was called to order by Erich Caron at 7:01 PM.

Members Present

Erich Caron, Chair; Claire James, Vice Chair; Garrett Bauer, Pam Bruss, Bob Close, Carol Troy,

Members Absent

Sonny Harris, Select Board Representative; Steve Chase, Alternate; Michael James, Alternate; Doug Troy, Alternate

Members of the Public Present (including local police officers)

Kathleen Griffin Jean, Brian Jean, Chief Jim Valiquet, Officer Kevin Faria

Review and Consideration of Minutes

Minutes of 11.28.17 were approved with the following changes:

  1. Add “Alternate” designation following Michael James
  2. “Other Business” Amendments
  3. Amend the last sentence in the first point of business: “There will also need to be a new chair appointed after elections” to the following: “A new chair will be appointed by the board members at the first meeting in 2018, and again after town elections.”
  4. Strike the second sentence from the second point of business: “The Board would like to have this on the upcoming ballot.”
  5. Correct typo – i.e. – remove “heal” – from last sentence of second point of business.
  6. Add “Erich Caron” to “Meeting called to order by…”
  7. Correct typo in first sentence of actual minutes content.

Autocraft Site Plan Review:

Kathleen Griffin Jean (formerly Wilcox) and Brian Jean appeared before the board in response to a notice for site plan review, dated October 16, 2017.  This notice was sent from the Select Board’s office and addressed to Erich Caron, as Kathleen recently became the new property owner.  The board made inquiry into her plans for the property, as this will affect site plan compliance requirements (including a new site plan should she choose to sell the business). Kathleen responded that she intends to sell the property.  Claire asked if she or anyone else is living on the property now, as there have been reports of activity there, including potential occupancy.  Claire also pointed out that the property has no certificate of occupancy for residential purposes.  Kathleen responded that neither she nor her husband, Brian, are living there.  She also stated that the former business owner now lives in New London but that he may “still go in and out to pick up tools” from time to time.  She went on to comment that the eviction process “takes time”.  The board reviewed the site plan with Kathleen and Erich pointed out three conditions of site plan approval which need to be brought into compliance: the stockade fence, the woodland buffer (per the 1993 site plan) and the cement pad.  He stated that the stockade fence had fallen into disrepair, and would need to be fixed in order to be brought back into compliance if the site is to operate as a business.  Kathleen agreed that it needed to be fixed but cited the current weather as a deterrent, responding that nothing could be done until spring of the next year.  Further, she stated that it has been difficult to successfully install a proper buffer, as the fence and existing treeline are preventing the buffer foliage from getting adequate sun for growth.

The board agreed that a site walk of the property in May of 2018 should be done, in order to establish current circumstances and compliance measures.  In the meantime, the board will double check the regulations for an auto repair operation versus a junkyard.  The difference between the two came up when Kathleen pointed out that the tax card for the property designates the business as a “junkyard”, as opposed to an automotive repair business.  Garrett referenced RSA 236:126, which qualifies the definition for a motor vehicle dealer, and suggested that perhaps the property is listed as a junkyard because it does not meet the current RSA requirements.  Post Kathleen and Brian’s departure, Chief Valiquet recommended that the board contact the DMV to find out when Autocraft lost its dealer plates.  This would be the date to go by for the “2 year vacancy” rule per the town’s regulations, which requires a new site plan to be submitted for any business operation left vacant for 2 years or more.  However, if the property is considered to be a junkyard, the applicable vacancy date in that case would be 1 year.  The Chief advised the board to procure a letter from Kathleen herself, detailing exactly how the property is being used.  He cited several recent police reports filed in relation to the property, one of which (dated 12/8/17) detailed an assault claim.  The claim included a report of someone living in a camper adjacent to the rear of the building, and another of someone being called to the property in order to help with an auto repair. Additionally, there was a request from the former owner, himself (Mr. Joe Wilcox), to keep the complainant away from “where he runs a shop/business”.  This new information called the nature of the property’s current use into deep question amongst the board members.  Chief Valiquet further advised the board to ask Karen Hambleton for all Autocraft related communications she may have on file, and recommended that the board draft a letter to Karen summarizing its understanding of the situation.  Finally, the Chief counseled the board to research “injunctive relief.”  Claire will handle the “to do” items related to this matter and will keep the board apprised as to developments.

Public Hearing Update – Junkyard Map 9, Lot 45 (Owner, William Heselton)

The public hearing for this property has been rescheduled for January 23, 2018, due to inadequate notice to abutters.  (A 10 day advanced notice to abutters is required per Section III, B. 1. & 2. of the Town of Bradford’s Site Plan Regulations).  William Heselton, owner, and his attorney, Robert Carey, have been notified in writing of the rescheduled date.  Additionally, the board members agreed to incur the cost of the second round of notice mailings, given the administrative error on our end.  Pam Bruss volunteered to send out the required notices and handle the public posting requirements ahead of the public hearing.

Antiques Shop Update:

Claire advised the board that the notice of site plan review sent to property owner, John Gioldassis, was received by him.  However, per Jim Gamble, the Antique Shop tenant, John passed the notice along and asked him to handle the matter.  Jim got in touch with Claire following this, asking for further clarification.  Following some discussion, the board members agreed that the best approach would be to follow up with Jim and specifically site the regulations of which he is currently in violation.  Further, Claire will request that he come into compliance with those regulations within the next two months, after which time the matter will go through the Select Board, per procedure.  Claire will be in touch with Jim to advise him as such.

Designation of alternate for ex-officio board member, Sonny Harris:

Claire asked if Jim Bibbo was ever officially appointed as ex-officio alternate rep. by the Select Board.  It was confirmed that the official appointment has in fact been made.

NFI Update:

The question arose as to whether or not NFI was advised that they need to appropriately modify their site plan, given the change in the population type they are currently serving (i.e.- teenagers to adults).  Carol Troy volunteered to follow up with NFI regarding this, to ensure they have been properly informed.

Sonny Harris – Follow up on updated address for Harriet Hobbs:

No update from Sonny could be provided on this, as he was not in attendance.  Claire advised that she had emailed Sonny to find out if there was an update on Harriet’s current address but had not received a response to date.  Claire also advised that she reached out to Harriet herself, via phone and email (both of which may or may not be Harriet’s current contact info given that her mailing address is no longer valid).  An electronic copy of the gravel pit status letter sent via certified mail (and returned undeliverable), was sent by Claire to Harriet via email.  Claire will file a copy of that correspondence and advise the board if she receives a response from Harriet.

CIP Update:

The board may have to schedule a special meeting for a public hearing in January given that one (for Map 9, Lot 45) is already scheduled for 1/23, leaving 1/9 as the only other possible date.  As the CIP Committee wants to ensure that there is enough time to consider how the Town Hall would affect the overall CIP plan, holding the hearing on 1/9 may not be enough time to adequately do so. Claire will follow up with the board members via email once the CIP Committee has met and determined how much time they will need to finalize the plan.  Then a public hearing date can be confirmed.

Other Business:

The board thanked Erich Caron for his service to the town as Planning Board Chair and wished him the best in his future endeavors and relocation to Virginia.

Meeting adjourned at 8:45 pm.

The next Planning Board meeting is scheduled for January 9, 2018, at 7:00 pm at the BACC.

Minutes submitted by Claire James.