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Town of Auburn Planning Board PUBLIC HEARING January 18, 2012
Present: Stoney Worster, Chairman; Alan Côté, Paula Marzloff, Carol Peterson and Ron Poltak, Members. Karen Woods, Alternate. Russell Sullivan, Selectmen’s Representative; Minutes recorded by Denise Royce.
Mr. Worster called the meeting to order at 7:00 p.m. Mr. Worster explained the procedure for tonight’s meeting and noted the emergency exists.
MINUTES
Ms. Peterson moved to accept the minutes of January 17, 2012 regarding the 2nd Zoning Ordinance meeting as written, Mrs. Marzloff seconded the motion. A vote was taken; all were in favor, the motion passed with Ms. Woods and Ms. Peterson abstaining.
ANNOUNCEMENTS/CORRESPONDENCE
Ø None were reviewed at this time.
PUBLIC HEARING
Leon Labrie 458 Manchester Road, Tax Map 25, Lot 20 Zoned Residential One (0.25 acres) Minor Site Plan Review Continued from 12/21/11
Mr. Worster asked if anyone was present for this applicant. No one was present at this time and moved onto the next applicant.
James Thomas 800 Hooksett Road, Tax Map 12, Lot 2 Zoned Residential One (4.25 acres) Minor Subdivision (1 Lot)
Mr. Alden Beauchemin presented for the applicant. Mr. Beauchemin began by saying that, they were before the Board a few months ago for a conceptual and at that time it was suggested that they show the culvert for both driveways along with additional topography. They are proposing to subdivide the lot into two 2 acre lots. They have since cleaned up the lot which had a lot of debris on the property. At this time, Mr. Beauchemin presented the Board with photos of the property as it sits now. Mr. Beauchemin showed the barn that Mr. Thomas has since built and now is proposing to build the house. The lot contains an existing well and the plan shows the proposed leach fields for both lots. Mr. Worster asked what method would be used to discontinue use of the existing dug well in order to protect it. Mr. Thomas indicated that he would like to keep the existing well as it could be used for irrigation and is an artifact of the original farm that was on the property. He has capped it and informed the Board that whoever built it did a nice job. Mr. Thomas stated that, eventually he would like to get a stone mason to come in and put a roof over it. It was a nice feature of the property. Mr. Worster wanted to make sure that it was protected enough so that no children could fall into it. Mr. Thomas said it was protected. Mr. Côté requested that they include a note on the plan stating that the water was not to be used for potable water because it would only be 75 or 80 feet from the leach field. Mr. Thomas informed the Board members that the well had been used up to 3 years prior to the house burning.
Mr. Beauchemin asked the Board members if they had any questions. Mr. Worster asked the Board members if there were any further questions. None were noted.
Mr. Beauchemin noted that the plan did include sight distance from the driveways and would be discontinuing one of the entrances. Discussion ensued with regard to the driveway entrance. Mr. Côté suggested that they show the driveway entrance. Discussion of the plan ensued. Mrs. Marzloff explained to Mr. Beauchemin that he would have to do some more work on the plan to make it recordable. It was suggested that the coversheet and the first page be recorded as the coversheet included the tax map locus on it. Mr. Beauchemin agreed.
Mr. Côté made a motion to accept the application for Tax Map 12, Lot 2, James W. Thomas Revocable Trust & Leona K. Thomas Revocable Trust, James & Leona Thomas Revocable Trustee’s, 800 Hooksett Road. Mrs. Marzloff seconded the motion. All were in favor, the motion passed unanimously.
Mr. Côté made a motion to approve the subdivision plan for Tax Map 12, Lot 2, James W. Thomas Revocable Trust & Leona K. Thomas Revocable Trust, James & Leona Thomas Revocable Trustee’s, 800 Hooksett Road with the conditions that: 1) a note be placed on the plan indicating that the dug well is not for potable water; 2) that the driveway be shown as a right angle coming in; 3) that the tax map locus on the coversheet be recorded with the plat without the topography on it so that it’s recordable; 4) subject to bound certification or that appropriate escrow be put in place to complete the bounds; and 5) that all conditions be met within 90 days. Mrs. Marzloff seconded the motion. All were in favor, the motion passed unanimously.
Mr. Beauchemin and Mr. Thomas thanked the board and exited the Public Hearing.
Leon Labrie 458 Manchester Road, Tax Map 25, Lot 20 Zoned Residential One (0.25 acres) Minor Site Plan Review Continued from 12/21/11
Mr. Worster called Mr. Labrie to present to the Board members any new information that he had. Mr. Labrie passed out copies of a plan for the Board members to review. At this time, the Board reviewed the plan presented to them. Mr. Côté noted that what was presented to the Board tonight was not an actual survey plan so therefore, no certified plot plan has been conducted. Mr. Worster read the note on the proposed plot plan that stated “This plan does not constitute an actual survey with respect to title and boundaries. All bearings and dimensions are from actual field measurements and are based on the most recent deed and/or prior surveys or plot plans. This plan is for zoning certification purposes only (not a registered survey). This is not deemed to be a boundary survey. The parcel hereon is produced on the survey control on the site, deed, and referenced plan, if any. This plot plan does not verify the correctness of same.” Discussion ensued between Planning Board members regarding the fact that it was not what was asked of Mr. Labrie at the last Planning Board meeting. Mr. Côté asked Mr. Labrie what he was looking at obtaining. Mr. Labrie stated to run his business. Mr. Côté asked him about lot coverage. Mrs. Marzloff did not believe he went before the Zoning Board for lot coverage. Lot coverage was considered what was preventing water to penetrate the ground which would consist of any buildings, paving areas and decks. Ms. Woods requested that Mr. Labrie address the whole board and not only one area of the board. Ms. Woods asked Mrs. Marzloff to state her concerns to the Board so everyone could hear. Mrs. Marzloff stated that her concerns were the area to be paved and thought that he may be able to continue with what he has on the lot but did not think he could pave any additional areas because she believes he exceeded lot coverage. Mr. Labrie said he put that for future plans and if the Board did not want him to do so then he would not. Ms. Woods asked if this plan would fulfill the requirement that was asked for in the past. Mrs. Marzloff said no, not in her mind because the last sentence on the plan which states that “this plot plan does not verify the correctness of distances shown on the plan.” Mrs. Marzloff did not understand why Roscoe would put his stamp on this plan and the fact that he is not before the Board tonight. In her mind, Mrs. Marzloff did not believe he should be putting his stamp on this plan unless he’s verifying all these distances. That is what his stamp is supposed to tell us. Mr. Labrie talked about the relocation of the street. Mrs. Marzloff stated that it had nothing to do with the relocation of the street. Mrs. Marzloff further stated that the only pin that is shown is the one on the street and none of the back corners have pins. Mr. Labrie pointed out that his father was his neighbor and the Battistelli’s lived on the other side of him. Ms. Woods did not think that they could go by what someone else says. Ms. Woods stated to Mr. Labrie that this was a partial survey and what they would need is a full survey and that what was presented to the Board would not meet the requirements. Mrs. Marzloff explained to Mr. Labrie that what a survey should include is metes and bounds, as well as distances and document every corner and that this was not a survey. At this time, Mr. Labrie made some derogatory comments. Mr. Labrie said Mrs. Marzloff had asked him where his lines were on the property and that is what he did. Mr. Labrie asked Mrs. Marzloff what she would like from him. Mr. Sharp noted that the building’s footprint did not change as there was an existing building in its place. Mrs. Marzloff pointed out that, once the Board takes an action, then they essential agree that what is presented to them is accurate and would be approving this use. Mr. Labrie again asked Mrs. Marzloff what she would like from him. Ms. Woods interrupted Mr. Labrie as he was being argumentative with Mrs. Marzloff and informed Mr. Labrie that it was not just specifically Mrs. Marzloff asking him but it was the Board as a whole that was requesting the appropriate information from him according to the regulations. Ms. Woods requested that Mr. Labrie allow the Board members to discuss this further. Mr. Sullivan had a question regarding the plan where it indicated a “D” and asked if it was a gutter drain and if it went to the street. Mr. Labrie explained that it went around the whole property and has been in place since his grandfather put it in. At this time, both Mr. Labrie and Mr. Sharp were speaking. Mr. Sullivan asked about the Zoning Board conditions and asked Mr. Labrie if he has contacted the Fire Chief. Mr. Labrie indicated that he has gone three, four and five times to see the Fire Chief and he has said “whatever.” Mr. Sullivan asked if he has contacted the Building Inspector. Mr. Labrie said yes, but she will not give him a building permit until the Planning Board okays the plan. Mr. Sullivan asked Mr. Labrie if he informed the ZBA of the size of the building that was under construction. Mr. Labrie said they already granted the Variance and now they want to know my hours of operation of my business. Mr. Labrie said the building is okay because the Zoning Board granted the Variance. Mr. Labrie stated that he obtained a Special Exception in 2002 for his business. Mr. Sullivan asked Mr. Labrie if he does construction anywhere else. Mr. Labrie said this was the first time. Mr. Sullivan asked Mr. Labrie if it would occur to him that he would need a building permit. Mr. Labrie said he didn’t need one. Mr. Sullivan informed Mr. Labrie that you cannot put an outlet without a permit. Mr. Worster read the ZBA decision of September 27, 2011 which is on file with the Town of Auburn. The conditions are as follows:
1. That no building activity or construction occur unless or until all site plan review and building permit processes as successfully completed, 2. That the applicant conduct a site walk with the Auburn Fire Chief, 3. That the applicant secure the appropriate building permit(s) from the Auburn Building Inspector; and, 4. That the applicant applies for a site plan review with the Auburn Planning Board.
Mr. Worster stated that, as far as he could tell, the only one that Mr. Labrie has complied with is number 4. Mr. Labrie said that the Chief won’t come until he gets the okay from the Planning Board. Mr. Labrie stated that even the Building Inspector could not understand why the Fire Chief wanted to go for a site walk because there were building’s five times the size and did not believe he needed anything further regarding fire. At this time, Mr. Labrie made a derogatory comment against the Fire Chief. Mr. Worster asked Mr. Labrie to calm himself down. Ms. Woods suggested that Mr. Labrie refrain from any more derogatory comments through the remainder of the meeting. Mr. Labrie would not cease his comments and Mr. Worster requested order in the hearing. At this time, Mr. Labrie calmed down. Mr. Worster noted to Mr. Labrie that it was a condition of his Variance that the Fire Chief inspects the building and could understand why he was waiting for the Building Inspector. Mr. Worster calmly asked Mr. Labrie if he has applied for a building permit. Mr. Labrie said yes but he is waiting for approval from the Planning Board. Mr. Côté agreed. Mr. Worster asked Mr. Côté to find the area in the site plan review regulations the requirements for a minor site plan. Mr. Côté reviewed the site plan regulations at this time. Mr. Sullivan requested dimensions of the buildings put on the plan. Mr. Worster requested more information from Mr. Labrie and asked him to note the dimensions of the existing house, the existing building and the building under construction. Mrs. Marzloff suggested that they read the regulations to know what is required to complete the site plan. Mr. Labrie asked the Board to write him a list. Mr. Sullivan informed Mr. Labrie that the Board does not do that that it is up to him to review the site plan regulations that are in place with the Town of Auburn. Mrs. Marzloff further stated that the Board would not do a list because then that is what the Board would be held on and explained that it was up to Mr. Labrie and his engineer to read the regulations and meet the regulations. It’s not up to the Board to give him a shopping list. Ms. Woods calmly explained to Mr. Labrie to go back to see Roscoe Blaisdell as he is well aware of what the Board’s requirements are and what the regulations are. Mr. Sullivan reiterated that the Board was looking for a Minor Site Plan and that Roscoe knows what the Board is looking for. Mr. Côté believed that Roscoe should have been at the Planning Board hearing the first time. Mr. Côté further commented that the hours of operation is also missing from the site plan. Discussion ensued with regard to the minor site plan request. Mr. Côté also informed Mr. Labrie that Roscoe could appear before the Planning Board at the next meeting for an informal if he would like more information.
Mrs. Marzloff had another question and asked about the water line and sewer line going to the building under construction and the existing building. Mr. Labrie said that his grandfather had a small sink in the corner with water because it was a chicken coup. Mr. Côté asked if there was water in the new building. Mr. Labrie said not in the new building only in the old building because it was there.
Mr. Côté asked Mr. Labrie if he would like to continue the hearing until next month. Mr. Labrie said yes. Mr. Worster elevated Ms. Woods to full voting status.
Mr. Côté made a motion to Continue the Public Hearing until the next Public Hearing scheduled for February 15, 2012. Ms. Woods seconded the motion. All were in favor, the motion passed unanimously.
Mr. Poltak indicated that they would need to start with a survey because how can you get anything that is accurate without a survey. Mr. Côté hoped that Roscoe would come before the Planning Board on February 1st to hear it from the Board as opposed to hearing it second hand.
OTHER
Southern New Hampshire Planning Commission Jack Munn Energy Planning For Auburn
Mr. Munn began his presentation by passing out copies of an Energy Plan for Auburn for the Board to review and follow along with the presentation. This was being funded through the Energy Federal dollars. Mr. Munn went through the following presentation points:
· Possible Auburn Energy Goals
· Improve energy efficiency of Auburn’s public buildings · Support regional, state and national initiatives to reduce greenhouse gases · Increase community awareness, advise and educate residents on reducing energy costs and consumption · Plan for energy efficient growth and development patters
· Existing Conditions – New Hampshire
· 2009 New Hampshire Energy Expenditure Estimates · Net Greenhouse Gas Emissions
· Existing Conditions – Auburn’s Municipal Buildings
· Table 2 & 3 – Annual Utility Consumption and Energy Use Intensity
Mr. Sullivan indicated that the Town Hall was not listed. Mr. Munn acknowledged Mr. Sullivan’s request to include the Town Hall under Auburn’s Municipal Buildings.
· Municipal Building Assessment Recommendations
· Major Findings/Recommendations
§ Energy use in the Public Safety Building is very high – better air leakage control and operation control could reduce energy use in the building § More energy upgrades at the Pingree Hill Station and Library could help reduce energy consumption in this facility
Mrs. Marzloff asked about the attic insulation is currently not effective based on what? Mr. Munn said, based on the “R” values. Discussion ensued with regard to the insulation in the Safety Complex. Mr. Sullivan stated that the Fire Department is very compliant with regard to energy savings because the Fire Chief has installed sensors to control lighting and controlled thermostats but was unsure of the Police side.
Mr. Munn asked the Board if they had anything that they would like to include for the CIP to please let him know. Mr. Côté commented that with regard to making recommendations for the CIP should really come from the department heads, the Fire Chief, the Police Department, the Selectmen and the School Department. The only thing that the Planning Board should be doing is adopting the CIP. The CIP should be adopted every year. Mr. Sullivan explained that the Board of Selectmen usually starts on it in May and completed the first part of August.
· School Building Assessment Recommendations
· Major Findings/Recommendations § Energy Use Intensity at School building is lower than many other schools in NH
· Auburn’s Energy Recommendations · Improve energy efficiency of Auburn’s public buildings · Support regional, state and national initiatives to reduce greenhouse gases · Increase community awareness, advise and educate residents on reducing energy costs · Plan for energy efficient growth and development patterns
Mr. Munn talked about putting together an Energy Committee. Mr. Munn went on to talk about implementing renewable energy property tax exemptions for installation of renewable energy like a wood burning furnace. The State has an RSA with regard to dealing with that. Mrs. Marzloff asked what the RSA number was. Mr. Munn stated that he would forward that information on to Ms. Royce. Discussion ensued with regard to outdoor wood burning furnaces. Mr. Munn asked about implementing a Village District. Mr. Munn was informed that a Village District and Wind Turbine Ordinances have been included in the Town of Auburn Zoning Ordinances. Mr. Munn asked about LED lighting, safe streets and safe routes to schools. Mr. Worster explained that Auburn was a rural town and that there were more bus routes and parents driving their kids to school. Mr. Côté pointed out that the number of students that live within a two mile radius is very minimal. Discussion ensued with regard to sidewalks and the fact that you would need to plow the sidewalks.
Mr. Munn went on to asked about adopting more stringent building codes. Mr. Worster found it difficult and expensive to try to do leads buildings with regulations that were made for California. Mr. Côté talked about the new energy codes for the state were pretty good and to make it more stringent than that would be very prohibitive.
Mr. Munn talked about alternative transportation and did not believe there was a park and ride nearby. The Board pointed out the one in Epping and the other one by Exit 5. Mr. Munn moved on to talk about expanding trails and bicycle lanes. Mr. Côté informed Mr. Munn about FOMBA (Friends of Massabesic Bicycling Association) which they work with Manchester Water Works to keep the trails open.
· Recommended Planning Schedule
· January 18, 2012 – Kick Off Meeting § Consider goals/recommendations § Establish Meeting Schedule § Discuss with Energy consultants if possible/identify possible CIP projects
· February 1, 2012 Meeting § Adopt goals – review recommendations § Begin to review Draft Chapter § Establish LEC if elected
· March Meeting § Adopt recommendations § Review Final Draft Chapter/schedule Public Hearing to adopt
Mr. Munn asked the Board to review the package for the next meeting and that he would report back to the Board members regarding the conference call at 3:00pm on Thursday from the Town Hall.
DISCUSSION WITH THE BOARD
Mountain Road
Mr. Worster wanted to discuss with the Board what they should do regarding the abutter on Mountain Road. Mr. Côté commented that he did not believe there was much they could do for the abutter on Mountain Road. Mr. Poltak stated that he read the response from the consultant regarding the abutter issues. Mr. Poltak agreed with the consultant where they pointed out that the project has been designed to comply with the Town Subdivision Regulations and Zoning Requirements as well as working with the Building Inspector. Mr. Côté noted that there will be an issue with the abutter because he wants his irrigation moved and the fact of the matter is, is that his irrigation is within the temporary turnaround easement and is not the responsibility of the municipality to say to the developer that he would have to improve a private infrastructure system constructed within a private right of way. Mr. Poltak agreed. Mr. Poltak was unsure that the abutter even knew that his irrigation system was in the right of way. Mr. Poltak thought it was a nice thing for the developer to move the light post and the mailbox. The Board all agreed. Mrs. Marzloff explained that they made improvements within the temporary right of way without taking the future into consideration. Mrs. Marzloff pointed out that with regard to the decorative stone that the Town of Auburn has a regulation as to how the shoulder of the road should be treated and they have not followed that regulation. Mr. Worster explained that he wanted to discuss it before he signed the mylar. The Board believed that it was handled well by the developer. Further discussion ensued with regard to the issues and that the Board acted appropriately in the approval that they made and did not believe that the abutter had any recourse because if he chose to put an irrigation within the temporary turnaround and they choose to eliminate the temporary turnaround, they have no obligation and cannot obligate anyone else to extend his irrigation.
Brandon Swisher
Mr. Worster wanted to review the plan with the Board. Mr. Worster explained that he has gone through to ascertain that he did complete all the conditions where he changed the culvert, provided a written waiver and has a spill response plan in place. The Board reviewed all the conditions and found them to be complete. The next thing would be to sign the mylar for recording.
ADJOURN
Ms. Woods moved to adjourn the Hearing. Mr. Côté seconded the motion. All were in favor, the motion passed unanimously and the meeting stood adjourned at 8:21 p.m.
The Planning Board will not be meeting next week. The next Planning Board meeting will take place on Wednesday, February 2, 2011 and will be held at the Town Hall, 47 Chester Road.
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Copyright © 2011 Town of Auburn, NH
