Planning Board Minutes

July 19, 2007 

 

 

7:00 pm Workshop session

Present: Wilson Stewart, Dan Derby, Ted Wright, Rick Friend, Jack Parsons, Sue Weeks

 

Current issues

            Magrath: cell tower appeal

            Prewitt: FYI- DES Permit by Notification

            Dietz: Boundary survey received

            Elder: Boundary survey received

            Taylor Associates: Revised work plan

 

Minutes from July 12, 2007 approved

 

Decision to start a file re: Master Plan Implementation         

Matt Young called Rick re: his ideas on business zoning; invite him to a meeting to discuss.

Planning Board has done Master Plan mailings to businesses; only about four replied

 

CIP- discussion on presenting Board’s planning and consulting fees.

 

Sue discussed new computerized tax map budget put in by selectmen

            Previous map was 30 yrs old; lacked planimetric data

 

John Edgerly- parts of relevant minutes read; most recent- 3/16/06

Has already gotten a certificate of occupancy from the Code Officer who granted it, since no cross reference with building/zoning

            Discussion on whether a site plan is still needed

            Edgerly was supposed to come back to board and didn’t

            Location is currently dually used, business/residential

 

Paul Magrath has filed an appeal with the ZBA re: waiver on cell tower height

            Appeal based on Zoning ordinance 13.4.4

Attorney Ciandella’s opinion is that any appeal has to go to federal court.

            Board needs to ask lawyer to talk to ZBA.

            Rick to call Rob Ciandella, ask him to send a letter explaining legalities

 

Public Meeting 7:30 pm

 

John Edgerly present

            File doesn’t have closure

9/1/05 minutes- builder came to board for advice; described project, was told new site plan needed

3/16/06 minutes- Rick Sager for Edgerly- discussed whether a site plan was needed

What regulation of 3.3 does this fit under?

Edgerly was told again he needed to come in

Questions- is there enough parking? Water supply? Septic?

Occupancy permit was issued

Before 2nd floor residency, board wanted a site plan.

Building at one point was slated to contain Heartworks, Zenglow, a salon,  and an apartment

Edgerly says he was never going to put a salon there; was told $8000 for site plan, so he abandoned the idea

Currently, building contains only Heartworks, and one elderly lady living in the apartment

Board needs documentation for files that everything has been okayed by state.

            Jack says water and septic okayed.

Was it an expansion when it went from Heartworks to that plus apartment?

Dan- if a residence is added to a commercial building, is it outside the purview of Planning Board? There is general agreement that it’s a gray area. 

Parking is adequate- out front, parking for Heartworks; out back, lots of space for upstairs tenant.

Rick proposed that there was no need for siteplan review

Dan moved to consider discussion closed. Second, passed.

 

Brewster Academy- Tax Map # 2-3-1

            Formal application for subdivision- accepted as complete

            Rick read list of abutters

            Presented by surveyor Eric Roseen

Came before board during winter to ask how to deal with wetlands situation, then went to ZBA for variance; variance received

Variance redefines zoning

            Each lot just under 2 acres; #2 has steep slopes, both have wetlands

            Driveway permits approved by technician, but foreman away this week

            Adjoining Area A in Moultonboro not part of application

            Abutter Skip Page present.

Abutter Louis Gaudreau and wife present

                        Worried water and septic is going to run onto his land, and into his pond

Roseen explained that the land slopes generally to the east away from Gaudreau’s property

            Discussion on septic systems

Gaudreau is concerned about deer and wildlife, and is unhappy to have building going on around him; doesn’t want 2 houses on that land.

                        2 houses could be built even on the one undivided parcel

An existing approved lot, even small, can be built on, as long as septic is adequate

Planning Board told Gaudreau that this subdivision is completely legal.

Gaudreau and wife left the meeting

Rick ran through checklist, and asked if we need a note as to whether Brewster property is in  a floodzone

            Move to waive, second, passed

Board needs a copy of the subdivision permit

 

Public hearing closed.

Sue moved to approve Brewster application, pending receipt of subdivision permit and driveway permit. Passed.

 

Jerry Holmberg- not present.

 

Claudia Payne- Tax Map # 69-1-15

Claudia present, Ted Wright presenting

            Ted stepped down from board

She needs to get approval before the end of the month so she can pass papers with buyer. Otherwise, buyer’s mortgage rate will go up.

Asked if they meet conditions, can it be signed w/ out another meeting?

Claudia is dropping her proposal to move footpath; original already on older plan

Ted will take care of monuments, mapping, done by next week.

Claudia and Ted can come to workshop on July 26.

The plan has wetlands certification; DES will be in touch with Claudia regarding the  permit number

            Note: amend previous minutes to recognize that wetlands certification is done.

            Dan will sign plans next week, provided conditions are met.

 

Paul Magrath’s cell tower appeal

            Rick to call Ciandella tomorrow

            Ciandella’s letter should go to selectmen and ZBA.

            .

CIP

            CIP is required to have a Planning Board member on board

Dan can only come if time and day are changed; otherwise, he’ll be unavailable most of the time.

Master Plan may have CIP significance in a few years.

 

Adjourned 8:20 pm.

 

 

Vicki Kinnaman