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UNAPPROVED MINUTES
Town of Auburn Planning Board PUBLIC HEARING September 21, 2011
Present: Stoney Worster, Chairman, Ron Poltak, Carol Peterson, Alan Côté and Paula Marzloff, Members. Minutes recorded by Denise Royce.
Mr. Worster began the Public Hearing by saying that the Board conducted a site walk of Dartmouth Drive prior to tonight’s meeting and explained what had transpired at that site walk. Mr. Worster called the meeting to order at 7:00 p.m.
MINUTES
Ms. Peterson moved to accept the minutes of July 27, 2011 as written, Mrs. Marzloff seconded the motion. A vote was taken; all were in favor, the motion passed.
MINUTES
Mrs. Marzloff moved to accept the minutes of August 24, 2011 with the corrections noted, Mr. Côté seconded the motion. A vote was taken; all were in favor, the motion passed.
Ms. Peterson had a few minor changes that were noted by Ms. Royce.
ANNOUNCEMENTS/CORRESPONDENCE
Ø Memorandum from the Building Inspector regarding 35 Boxwood Drive, Richmond Residence Wetland Restoration Status.
Ø Memorandum from the Building Inspector to Raymond and Peggy Bolduc regarding Change of Use for 7 Raymond Road.
Ø Letter from the Building Inspector to Industrial Communications regarding Cellular Tower Removal/Restoration Surety.
GENERAL BUSINESS
Informal – Anthony Mesiti Wellington Auburn Realty Group Wellington Business Park Dartmouth Drive – Tax Map 6, Lots 18-4 & 18-0 Discuss Proposed Modifications
Mr. Worster explained that the Planning Board and the town engineer had met with Mr. Mesiti and conducted a site walk of Dartmouth Drive to see what they could do with the road before the winter and to also talk about two of the lots which are not built on yet. Mr. Worster also informed everyone present at tonight’s hearing that Mr. Mesiti, who is representing Mr. Pease, had an emergency and could not attend tonight’s meeting and asked to be placed on the next Planning Board agenda. Mr. Mesiti was informed that the next Planning Board meeting would be held on Wednesday, October 5, 2011 at 7:00pm at Town Hall. Mr. Mesiti was also informed that he would have to talk to the Selectmen as far as terminating the road and to discuss dumping and ice problems.
Mr. LaBranche pointed out to the Board that it has not been restored at all. The lot is stabilized but unsightly. Mr. LaBranche asked Mr. Mesiti to give him a price that he thought it would cost to restore it and they would go from there.
Informal – Raymond Bolduc 7 Raymond Road, Tax Map 26, Lot 3 Village District Discuss Minor Modification to Site Plan (incl. add parking spaces)
Dr. Bolduc began by saying that there were only a few small issues that needed to be addressed and one was parking. Mr. Worster asked Dr. Bolduc what he was suggesting. Dr. Bolduc stated that he was suggesting another four or five parking spaces. Dr. Bolduc passed out a copy of a plot plan and indicated on the plan where the parking spaces would be. Dr. Bolduc explained that Mrs. Rouleau-Côté had informed him that, according to the regulations, he should have five parking spaces per every 200 square feet of building which would give them 15 spaces. He has 10 employees plus himself which gives him 26 parking spaces and he now has 25 parking spaces. All of his tenants have been office space. He now has two different tenants that are looking to occupy the space. One is a part-time hairstylist/part-time art teacher and a full-time hairstylist. Based on these calculations, he would like to expand to four or five more parking spaces.
Discussion ensued with regard to lot coverage. Dr. Bolduc noted that lot coverage would increase from 13.96% to 14.57% with four spaces and to 14.72% with five spaces.
The other issue is signage and which he currently has his sign out in the front. His sign is less than 19 square feet. Mr. Côté read Section 3.10(4)(a) regarding signs permitted in the commercial zone. Mr. Côté pointed out that Dr. Bolduc could have a sign not to exceed 40 square feet.
The next issue to be discussed was the septic systems. Dr. Bolduc stated that his system was over designed as he had 154 infiltrators. A copy of the calculations is filed with the planning board file. Dr. Bolduc explained the number of gallons per day that he is currently using. Dr. Bolduc also obtained usage from a few other dentist offices in the City of Manchester to get an idea of what is being used. Basically, Dr. Bolduc stated that his usage is currently 600 gallons per day and is looking at under 1,000 gallons per day with a system that is capable of handling 2,000 gallons per day.
Dr. Bolduc informed the Board members that the only changes would be to put in one or two sinks that are not connected to the present venting system and connect them in the full basement. One other change that would occur would be to change the carpet.
Mr. Worster asked about the use of chemicals with a hair salon? Mr. Côté answered by saying that they would have to put together an MSDS data sheet and submit what they will be using for chemicals. They are required by law to submit this MSDS data sheet to the State of NH prior to starting a salon. Mr. Côté suggested that he contact the State of NH subsurface and speak with someone there. Mr. Côté also suggested that Dr. Bolduc speak with the Building Inspector as well.
Mr. Côté asked if they would be paving the additional parking area. Dr. Bolduc said yes. Mr. Côté noted that Dr. Bolduc was allowed up to 40% lot coverage in the C-2 zone. Mr. Côté suggested that he check to see if the spaces have the proper aisle width. Mr. Côté did not see anything surmountable and reiterated to Dr. Bolduc to check with State of NH subsurface. Mr. Worster agreed with Mr. Côté. A short discussion ensued with regard to the meter that is attached to the well. Dr. Bolduc informed the Board that he could keep an eye on the meter with regard to water usage for a month. Mr. Côté agreed and thought it was a nice idea. Mr. Côté explained to Dr. Bolduc to have the changes drawn up on a site plan and come back before the Board. Mr. Worster asked Dr. Bolduc how long he would need to get things together as it would be a quick presentation as the Board has already seen what Dr. Bolduc was proposing. The Board reiterated that he would need to show on the site plan where the parking spaces would be, the sign, the hours of operation for the new business as the hours of operation for his business is already noted. Mr. Worster suggested that Dr. Bolduc come back in four weeks. Mr. Côté commented that four weeks would give Dr. Bolduc enough time to contact State of NH subsurface and speak with someone. Dr. Bolduc was informed that four weeks would bring him back before the Planning Board on Wednesday, October 19, 2011. At this time, the discussion ended.
Informal – Matam – Tanglewood Estates Tanglewood Drive, Tax Map 4, Lots 19 & 20 Request Reduction in Surety
Mr. Tamzarian was not present at tonight’s meeting so Mr. Worster read the memorandum from Ms. Royce. A copy of which is on file with the Planning Board office. The memorandum indicated the request for surety reduction regarding Matam – Tanglewood Estates in the amount of $86,587.50. This would bring the surety down from $194,287.50 to $107,700.00. Stantec had commented on a few items that have yet to be completed. With this in mind, Stantec has recommended that these items be completed prior to the issuance of any certificates of occupancy. Mr. Worster also noted that a house was being constructed at the end of the cul de sac. There was one problem the person is having with the construction of the house was that the power has yet to be installed. The pads are there and the conduits are in but the transformers and switches have yet to be set.
Mr. Worster asked the Board if they would like to take action on this request.
Mr. Cote made a motion to DENY the request for surety reduction until some clarity can be brought forward with regard to the status of power for the Tanglewood subdivision plan for Tax Map 4, Lots 19 & 20. Mrs. Marzloff seconded the motion. All were in favor to DENY and the motion did not pass.
PUBLIC HEARING
William P. Zyla 209 Hooksett Road, Tax Map 10, Lot 18 Minor Subdivision (2 Lots)
Mr. Franklin presented on behalf of Mr. Zyla. At this time, the Board reviewed the proposed plans submitted. Mr. Franklin noted that the property currently consists of 6.4 acres. They are proposing to add two lots for a total of three lots with each lot consisting of approximately 2.1 acres. Mr. Franklin stated that they have done a topographic survey as well as a wetland delineation performed by Bruce Gilday, a wetland and soil scientist. They had test pits performed by Jason Franklin and witnessed by the town. They have received State Subdivision approval as well as a driveway permit. Discussion ensued with regard to the driveway sight distance. Mr. Worster noted that in our subdivision regulations on page 65, Section 9.15 – Driveways (18) – That “driveway profiles shall be shown on the subdivision plan for each lot. Each lot shall be accessed by its own driveway. Common driveways are prohibited.” Ms. Royce pointed out the minutes of October 20, 2010 where the Planning Board discussed this particular common driveway for this subdivision. At this time, Mr. Worster read the section from the minutes where the Planning Board discussed the common driveway. This meeting took place approximately one year ago. Mr. Worster noted that if no one from the Board had a problem with the common driveway back then did they have a problem now? The Board did not. Mrs. Marzloff asked if there was a waiver request submitted. Mr. Franklin stated that he did not but that he could get one in writing for the Board.
Mr. Poltak asked why they were granting a waiver for a common driveway. Mr. Côté explained that this was the best location due to sight distance with the topography in that area is very steep. They were basically granting the waiver from a safety prospective.
Mr. Krochmal’s only concern was that it was going to be directly across the street from his driveway. Mr. Worster noted that it was better to have it directly across. Discussion ensued with regard to the location of the driveway as well as the pros and cons of having driveways across from each other.
Mr. Worster asked if there were any further questions from abutters. None were noted.
Mr. Côté made a motion to grant a waiver from the Subdivision Regulations Section 9.15, paragraph 18, Driveways for Lots 10-18-1 and 10-18-2 that requires that each lot be accessed by its own driveway where common driveways are prohibited to allow a common driveway. Mrs. Marzloff seconded the motion. All were in favor and the motion passed unanimously.
Mr. Worster asked if there were any further questions from the Board. None were noted. Mr. Worster asked if there were any questions from abutters. Mrs. Tillery asked if the pile of tires would be removed. Mr. Zyla said yes, that they were going to remove the tires.
Mr. Worster asked the Board if they would like to make a motion for acceptance.
Mrs. Marzloff made a motion to accept the application for the subdivision plan for Tax Map 10, Lot 18. Ms. Peterson seconded the motion. All were in favor and the motion passed unanimously.
Mr. Worster asked if there were any further questions. Mr. Côté asked if the road agent had seen the plan and remembered that it was a state road and not a town road.
Mrs. Marzloff indicated that the plan was not ready for recording. Mr. Franklin stated yes, that the first sheet was ready for recording but that the second sheet with the topography would not be recorded.
Mr. Worster noted that he would need Mr. Zyla’s signature on it prior to him signing it as Chairman.
Mr. Worster asked the Board what they would like to do? Mr. Poltak indicated that he had a few questions. On the second sheet, it shows the potential well and well radius and shows setbacks and we just spoke about the common driveway but where are the houses going? Mr. Franklin stated that Mr. Zyla was not going to be building the houses, that he would only be selling the lots.
Mrs. Marzloff asked Mr. Franklin to explain what they would be doing with regard to the dug well? Mr. Franklin stated that the state requires it to be filled in.
Mr. Côté asked with regard to the driveway easement, could we say that it was depicted from the northeasterly corner of the driveway easement so that the driveway easement line was relocated where it met with the contour of 308 intersects with the property lines between the two lots. The Board all agreed. Mr. Côté further stated that they would be getting a guideline and it allows the Board to approve the plan tonight with the modification being approved.
Mr. Côté asked if the bounds have been set? Mr. Franklin said no, he does not place the bounds until the plan has been approved.
Mr. Worster asked if they knew why the wall curved like it did? Mr. Franklin did not know either.
Mr. Worster asked if there were any further questions from abutters? Mrs. Tillery and Mrs. Krochmal requested to take a look at the proposed plan.
Mr. Côté made a motion to approve the subdivision plan for Tax Map 10, Lot 18 subject to the common driveway easement modification as described earlier from the north westerly point of the driveway up to the contour of 308 where it intersects with the property line between 18-1 and 18-2 and subject to appropriate escrow or bound certification being in place and to be completed within 90 days. Mr. Poltak seconded the motion. All were in favor and the motion passed unanimously.
Mr. Zyla and Mr. Franklin thanked the Board for their time.
Frank and Janice Hobbs 32 Manchester Road, Tax Map 7, Lot 27 Minor Site Plan Review
Mr. Hobbs explained what he was proposing. That what he was proposing to do was to build a temporary roof over two tractor trailers to be used for storage of his boat. The roof basically protects his investment. Mr. Worster asked about the building located on By Pass 28. Mr. Hobbs indicated that his engineer has spoken with the Building Inspector and that he was waiting to hear what the board suggested. Mr. Worster noted that his understanding was that his engineer has thrown up his hands because he has no design standards for tractor trailers and their load bearing weight. The Board did not know what would happen if the tires go flat all on one side, where would the roof end up going.
At this point, trailers are classified as a structure especially when it stays in the same place for more than 365 days. Mr. Côté read Article 3, Section 3.11 – Temporary and Permanent Storage Facilities and noted that they could not allow this at his location and that Mr. Hobbs would have to go to the Zoning Board of Adjustment and request a Special Exception. Mr. Hobbs stated that they were not permanent. Mr. Côté and Mrs. Marzloff said, yes they were if they were there for more than 365 days. However, from a site plan standpoint, even if he were to get a special exception, he would still have to come before the Planning Board for a modified site plan. Mr. Côté further informed Mr. Hobbs that he was also located within the Village District and within the Village Center District, Article 4, Section 4.08 - Objections and Characteristics, don’t see a trailer as aesthetically pleasing and goes against the Village District. Mr. Hobbs believed he was being singled out. At this time, Mr. Hobbs presented the Board with a number of pictures of other storage trailers throughout the Town of Auburn. Mrs. Marzloff explained that when an infraction is brought to our attention, then the Board must act upon it. Mrs. Marzloff also pointed out to Mr. Hobbs, when he stated that the trailers had been there for a period of time, and if we did not know it and he had not shown them on his site plan, we were not in a position to take action. Once someone complains, that’s when we have to act on it. Now the Board must make an official response to the complaint of the trailers. Simply driving by and seeing an infraction is not our responsibility or the Building Inspectors.
Mr. Hobbs asked the Board if he could keep it as a temporary structure. Mr. Côté pointed out that, in Section 3.11, trailers are not allowed as temporary or permanent. It’s very clear in the Zoning Regulations and the Board does not have authority to overrule the Zoning Regulations.
Mr. Poltak stated that it was a tough one but that everything that Mr. Côté was saying was by the book and was correct. Mr. Poltak further stated that he drives by Mr. Hobbs place every day and went by it twice today and looked out back and did not think it looked that bad. Mr. Poltak commented that he could not speak to whether it met setbacks or from a neighbors prospective.
Mr. Hobbs asked the Board what they would like him to do? Did he need to take it down? Mr. Worster said yes. An audience member commented that he could go to the Zoning Board. Mr. Côté said yes, he could but then he would still need to come back before the Planning Board for site plan review. Mr. Côté also informed Mr. Hobbs that he was located within the Village District and that the Board does not want the Village District to look unsightly. The people of the town voted for these zoning changes.
Mr. Hobbs asked if he kept it there for 364 days and took it down the next day and moved it, would that be okay? Mr. Côté reiterated that even temporary structures were not permitted. Mr. Worster suggested possibly building a pole building. Mr. Hobbs asked the Board if there was a time limit that he would need to take it down by? Mr. Côté indicated that it would be up to the Building Inspector. He would need to speak to the Building Inspector as soon as possible.
Mr. Cote made a motion to DENY the application as incomplete and the request is considered illegal for Tax Map 7, Lot 27, Mr. Poltak seconded the motion. All were in agreement and the motion was DENIED.
OTHER
Mr. Poltak informed Mr. Worster that, at the last meeting that he Chaired, he left it so that there would be consultation between the engineering firm, Mr. Eaton and Mr. Worster.
Informal – Lovers Lane Cluster Subdivision Tax Map 8, Lot 2
At this time, an informal discussion ensued regarding the Lovers Lane plan as the Planning Board chose to take a look at it prior to a Public Hearing. The Board took a look at the plans.
ADJOURN
Mr. Côté moved to adjourn the Hearing. Mrs. Marzloff seconded the motion. All were in favor, the motion passed unanimously and the meeting stood adjourned at 8:39pm.
The next Planning Board meeting will take place on Wednesday, October 5, 2011 and will be held at the Town Hall, 47 Chester Road.
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Copyright © 2011 Town of Auburn, NH
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