September 22, 2015
Members present: Paul Currier, Chair; Nancy Teach; Pat Moyer; Art Urie; Doug Phelps; Jon Warzocha; Duncan Coolidge, ex-officio; and Lenny Caron, alternate.
Also present for duration of appropriate items: Dave Powers, Zoning Administrator; Brian Signor; Robert Chapman; Kelly South; Kim White; Mark and Carol Delorey; Mike Shea and Bill Bates
Announcements
Currier advised the board he will be resigning as Planning Board Chair at the end of the October 13, 2015 meeting; however, he will remain a full-time board member.
Zoning Administrator
The owner of 254 Currier Road is applying for a septic approval for a home in a different location on the property. Powers met with the Selectboard and the Selectboard advised they are enforcement and are seeking Planning Board advice on this. Only a portable toilet is okay per New Hampshire DES; however, gray water is not allowed to be discharged onto the ground.
It was asked what is an alternative solution and the response was a porta-pottie. NHDES will accept a porta-potty; however, the gray water needs to go into the porta-potty and the porta-potty needs to be cleaned regularly.
A building permit is needed along with a proper foundation and septic system; and the property owner needs to vacate the existing mobile home that was moved to the lot without a permit by December 1.
The board concurs, and Powers will draft a letter for the board to review.
Completeness Review: Brian Signor for an auto repair shop in Cilleyville and on Franklin Highway
Phelps and Urie have reviewed the application and found some deficiencies which were remedied. They reported that the application is now complete. The board voted unanimously in favor of deeming the application complete.
Public Hearing: Brian Signor for an auto repair shop in Cilleyville and on Franklin Highway
An e-mail was received from abutter Ron Charles. Signor explained the proposal to those present. The proposal is an automobile repair shop at 14 Johnson Lane and an office at 44 Franklin Highway. Concerns of the board and public were as follows:
Hours of operation? 7 AM until 10 PM, seven days per week
State Inspections? Yes.
Will there be any additional lighting? No
Will there be any storage of vehicles? No; however, there will be three parking spots at 44 Franklin Highway specifically for drop-off and pick-up
How many businesses are there currently on Johnson Lane? Two
How many businesses are allowed? A business would have to meet the criteria and requirements of the Zoning Ordinance
Kim White stated she had several concerns with the approval for the school bus parking and had submitted a letter with her concerns after that hearing and feels the board is missing the appropriate use of a valuable section of town by allowing the businesses. White also stated she has found several items in the Master Plan that have been disregarded by allowing business in this area.
Coolidge asked if the buses were not there, how would that affect her perspective of proposed business for auto repair? She stated her perspective is that there should be no business in this area that could potentially taint the river.
Warzocha asked White if she has an objection to additional vehicle trips, and the response was yes; if she has an objection to any additional businesses, and she replied yes; if she has an objection to the hours of operation, and the response was yes; what would she consider to be acceptable hours, and the response was she feels that as long as the buses are there, that the property is maxed out.
White stated she does not feel that the road was meant to take the weight of additional heavy traffic. White asked why the board would risk a possible contamination to the river. White also feels the value of her home has been undermined with the approval of the bus storage.
Kelly South stated she has an objection to the hours with cumulative noise of the buses and that traffic has increased three-fold since Signer has started operating at this location. She asked the following questions:
What is the distance to the river from the building, and the response was that there is a building between this building and the river, and there is 35’ between the buildings.
Will there be any sanitary facilities? The response was a porta-potty.
What will be done with the waste fluids? The response was the oil will go in 55 gallon drums and will be removed from the property, and the anti-freeze will go in containers and will also be removed from the property.
Where will the car parts be? The response was they will be inside.
Will there be parking on the dirt? The response was yes, and any contamination will be cleaned up.
Will there be a fire suppression system? The response was there will be an extinguisher at each door.
Warzocha asked South what she feels are acceptable hours and the response was 8 AM until 6 PM with no Sundays. Signer stated he feels an 8 AM to 9 AM start is acceptable. South stated she would like to see an automatic fire suppression system.
Mr. Chapman stated he has concerns with the approval for the buses and a possible domino effect from additional businesses. Warzocha replied that those with concerns about the approval for the buses should submit a letter to the Selectboard.
South stated that she was concerned that future applicants will run rough-shod over existing Cilleyville residents, with the precedent set by the approval of a new automotive garage business. Coolidge replied that there is now an enforcement officer reporting to the Planning Board and the Selectboard.
Chapman asked if the speed limit could be posted on Johnson Lane, and the reply was this is an issue with the Selectboard.
Marc Delorey, an abutter to 44 Franklin Highway, stated he has concerns with the number of unrepaired vehicles stored in the yard regarding potential contamination to the pond and the neighbor’s well. He also asked if the hours of operation will be the same at both locations, and the response was that the auto repairs will only be done on Johnson Lane.
Currier asked if the after-hours drop-off was okay, and he replied yes; however, his concern was with the junkyard and possibility of contamination. He said that the 44 Franklin Highway property has recently been cleaned up somewhat, and he hopes it stays free of auto parts and unregistered vehicles.
The board advised Signer that they will act on the application at the October 13, 2015 meeting.
Board Discussion: Elements of a site suitability determination for a Special Exception
It was asked what the criteria for suitability is, and the response was there is none specified. The proposed Zoning Ordinance changes include the removal of the Planning Board site suitability determination.
Site suitability determination for Herb Barton’s application for a Special Exception to conduct excavation at his property on Potters Road
Currier stated he believes the Barton property is suitable for excavation operations and recommends the Planning Board report to the Zoning Board of Adjustment that the site is suitable. The board voted in favor of deeming the Barton property suitable for excavation operations.
Non-Binding Consultation: Herb Barton and Kenny Clark, proposed gravel excavation on Potters Road
Clark presented a diagram of his property, which includes 12 acres, which include a couple of acres for a future house lot. There is currently no access onto Route 11, and Clark stated he would have to get a bill passed by the State legislature due to Route 11 being a limited access road.
At this time, the proposal is to do site work and remove gravel materials to make two level business lots, and in the future he may move his current business to this location.
Currier advised a letter summarizing his proposal with wording so the Planning Board can make a suitability determination for the Special Exception. The board was asked if there were any reservations for this proposal, and the response was no.
The board voted unanimously in favor of deeming the site suitable specific to excavation and earth moving for the proposed future use of the lot.
Non-Binding Consultation: Bellettetes’ proposed home center
The proposal is to relocate the hardware store from Mill Road to Ten Penny Lane. Excavation was started to determine if there was ledge in the location for the proposed building. There will not need to be any blasting, and no additional material will be brought onto the site.
Photos were presented, along with a plan indicating the proposed location for the new building, including parking in the front. Warzocha stated that they should have come before the board previously, and a plan following the regulations is needed.
Warzocha asked what the time-line is, and the response was to be complete by July 1, 2016. Currier stated he has concerns with existing access from Route 11 and feels it can be laid out better. Warzocha stated a modified DOT driveway permit will be needed due to possible change of use.
It was asked what the size of the building is, and the response was 16,000 to 17,000 square feet. Warzocha stated they need to make sure everything at the site is stable for erosion control and for them to keep the Planning Board in the loop.
Additional Items
Moyer will distribute the fee schedule for the board to review and to discuss at the October 13, 2015 meeting.