Land Use Office
P.O. Box 548 
6 Holland Street
Moultonborough, NH 03254
phone: 603-476-2347
Fax: 603-476-5835
Minutes 
Planning Board

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Moultonborough Planning Board
PO Box 548
Moultonborough, NH  03254
(603) 476-2347

Draft Minutes
  April 23, 2008
Regular Meeting - 7:30 P.M.
Moultonborough Town Offices

                    Present:    Members:    Judy Ryerson, Natt King, Keith Nelson, Peter Wright, Eric Taussig
                                                        Ed Charest (Selectmen’s Representative)
                                    Alternates:    Gary Haracz
                    Excused:    Members:    Jim Bakas       
                                    Alternates:    Joanne Coppinger, James Gray (Selectmen’s Alternate)       

    Ms. Ryerson called the meeting to order at 7:30 PM, and appointed Gary Haracz to sit on the board with full voting privileges in place of Jim Bakas.

I.    Approval of Minutes
   
                Motion:    Mr. King moved to approve the Planning Board Minutes of April 9, 2008.
                                Mr. Nelson Seconded

                                Motion Carried – Unanimously.

                Motion:    Mr. King moved to approve the Planning Board On-site Minutes of April 16, 2008
                                for Patricia A. Carrasco (45-4).
                                Mr. Nelson Seconded

                                Motion Carried – Unanimously with Mr. Taussig and Mr. Haracz abstaining.

                Motion:    Mr. King moved to approve the Planning Board On-site Minutes of April 22, 2008
                                for Skiffington Homes, Inc. (144-36) and Carl A. & Maribeth Crupi (161-14).
                                Mr. Nelson Seconded

                                Motion Carried – Unanimously.

    Ms. Ryerson stated that Chief Scott Kinmond and Mike Izard of Lakes Region Planning Commission (LRPC) were in the audience to make a brief presentation to the board relating to the Route 25 Corridor Study. This discussion would take place under VII. Other Business / Correspondence later this evening. Ms. Ryerson asked the board to go out of order from the agenda to allow this presentation. Chief Kinmond stated that Mike Izard and the LRPC has done a great job in putting the information together for the Route 25 Corridor. Mr. Izard provided the board with a booklet, Draft NH Route 25 Corridor Study, April 2008. It was noted that there are several members of the Planning Board that are on the committee, Judy Ryerson, Eric Taussig, Ed Charest and Joanne Coppinger. Chief Kinmond, a committee member of the Route 25 Corridor Study said he would like to introduce Mike Izard who will give a quick overview of what has happened. Mr. Izard stated that there are a couple of key points that they feel are important that will directly affect a lot of the work done by the Planning Board dealing with access to Route 25. They are requesting support from the board as the Board of Selectmen will be asked Thursday evening if they would support this project. This would be a working document the board would be able to use as resource material in future planning and Master Plan work.
Mr. Izard stated that they have been working on the Route 25 Corridor Study over the last nine months. The study has come to a conclusion, and they are trying to meet the deadline to submit to the funding agency of the Department of Transportation (DOT) by April 30th. In doing this they have been before the Board’s of Selectmen in Center Harbor and Moultonborough last week and made presentations. Both boards were asked early on in the process to help convene a committee to assist LRPC and the consulting engineer with the study. They have concluded the study and have gone back to the boards to let them know they were done, and what the recommendations were that are contained in the study. As mentioned by Chief Kinmond, many of the recommendations are relevant to the Planning Board. There is a section of the plan that is dedicated to Access Management on Route 25. There is a recommendation for the development for a memorandum of understanding between the Town of Center Harbor, Town of Moultonborough and the DOT.
The study shows differences in the build out section of the report between Center Harbor and Moultonborough. There is more potential, based on existing zoning today in Moultonborough for the development along Route 25. One of the reasons for the memorandum of understanding is so that as Incremental development occurs the Planning Board has already thought about how they are going to address Access Management within the applications that are before the board. The memo says if the Planning Board has Access Management tools in place, the DOT is willing, as the permitting agency for giving access onto Route 25, to have a cooperative arrangement for reviewing the applications that are before the board. This will allow a process that sometimes is disjointed, the state is responsible for permits, the Town is responsible for land use along the corridor, and this would allow the two parties to get together as the incremental development occurs. The Access Management tools are outlined in the study. There are 10-12 points the board may consider as they review applications. If the Planning Board would like to pick up on this they would have to adopt Access Management as part of its Site Plan and Subdivision Regulations. This is an outcome that LRPC would like to see come from this. Mr. Izard stated in talking with the Board of Selectmen about the report and the recommendations they requested that LRPC come before the Planning Board this evening. Mr. Izard stated that he feels since there were three members of the Planning Board on the study committee that there has already been some dialogue regarding Access Management. In talking about the Master Plan development process, the development of the transportation chapter, the issue of Access Management has come up and perhaps a discussion about the Memorandum of Understanding.
The committee is looking for the Planning Board’s support of the plan. Mr. Izard has provided a letter to the Board of Selectmen and has asked them for their endorsement this. He believes if the boards are to endorse this the study itself will carry greater weight when it is reviewed by the DOT. Mr. Izard answered any questions from the board and provided a few additional copies of the draft study for review.
Mr. King questioned how this fit in with the Route 25 Corridor study that Meredith was involved in. Mr. Izard explained it is third of three studies that span from the Bristol / New Hampton Town Line. That was done from the town line to the intersection of Route 104 and Route 3 in Meredith. The study currently in Meredith picks up at the Junction of Routes 3 & 104, and comes out to the Center Harbor / Meredith Town Line on Route 25, where this study picks up. There is a 25 mile stretch of roadway that has been looked at.
Mr. Nelson asked if Town Counsel has looked at the Memorandum of Understanding. Ms. Ryerson stated that they have not gotten to that point yet. Ms. Ryerson noted that Carter Terenzini (Town Administrator) spoke with her briefly about this and that this is something that has to go through a few phases prior to the town signing onto it. What Mr. Izard is saying is that the Planning Board has to be in a position to take advantage of this. What it essentially says is that the DOT will be willing to hold off on giving a driveway permit to an applicant. We now require that an applicant come in with a permit. What we would like to do is reverse that, that they go to DOT after the Planning Board has looked at the project so that the Planning Board can make some decisions about where they think would be best to put an access point. Then it would go to the DOT and they would say okay or move it one way or the other. If it now comes to the Planning Board with a DOT approval if is very hard to undo it. Ms. Ryerson stated that this is an advantage as we’re in the middle of the Master Plan Update process and this stuff will be coming through and finished this fall, and these are dovetailing a little bit. In general the Select Board would like to know if the Planning Board thinks this is in general a good approach and that they would like to do it, if they could give their endorsement to it without signing anything at this time. Ms. Ryerson noted that this was only a study and that there is nothing in the report to sign. Mr. King stated as this has so much to with the boards planning process the Town Administrator and the Board of Selectmen felt it important that the Planning Board stay abreast of what was going on and know procedurally what was going on and to know that they are not being left out of the process. The board was in agreement to proceed with the recommendations of the draft study contained in the NH Route 25 Corridor Study.

II.    New Submissions

1.    Courtland & Shirley Randall, Trustees, William & Joyce Augello and Edward J. Cote, Jr. (180- 34, 31 & 44)(Cottage Road and 47 Wyman Trail)
        Boundary Line Adjustment

    Ms. Ryerson stated that this was a request for a boundary line adjustment. Ms. Ryerson noted for the record the request for waivers dated April 2, 2008 from Hambrook Land Surveying. Ms. Ryerson stated the application was in order and ready for acceptance.

                        Motion:    Mr. King moved to accept the application for Courtland & Shirley Randall,
                                        Trustees, William & Joyce Augello and Edward J. Cote, Jr. (180-34, 31 & 44)
                                        as complete for action by the board, grant the waivers for the purpose of
                                        acceptance only, and to schedule a hearing for this evening to be Boundary Line
                                        Adjustment #1.
                                        Mr. Charest Seconded.

                                        Motion Carried – Unanimously.
   
    2.    Sean M. & Julie C. Dalton and Guy F. & Dorothy A. Plassart (119-17 & 119-8)
           Continued Boundary Line Adjustment (23 Heavens Way & 22 Blueberry Lane)

    Ms. Ryerson stated that this was a request for a boundary line adjustment, and noted the Land Use Coordinator, Chairman and Vice Chairman have reviewed the application. They found that it may not be ready for acceptance as it appears to need a variance from the ZBA. Our regulations and policies specify that applications needing ZBA action must go to that board first. The reason this application might need ZBA approval is that both the lots are non-conforming, substandard, and the proposed boundary line adjustment would make one of the lots more non-conforming. Therefore, this would require a variance from the ZBA.
The board can not get into a discussion about this without accepting the application. Ms. Ryerson questioned if the board wanted to deny the application based on the assumption that the reasoning is correct, or waive the requirement that the board doesn’t accept prior to ZBA approval. Then accept the application and discuss this in a hearing mode with the understanding that it may require ZBA approval. Mr. King felt that this should be looked at in a hearing mode and make a decision as a board.

                Motion:    Mr. King moved to waive the board’s requirement that the ZBA look at this before
                                it comes to the planning board in the event that ZBA approval should be required.
                                Mr. Charest Seconded.

                                Motion Carried – Unanimously.

                Motion:    Ms. Ryerson moved to accept the application for Sean M. & Julie C. Dalton and
                                Guy F. & Dorothy A. Plassart (119-17 & 119-8) as complete for action by the
                                board, grant the waivers for the purpose of acceptance only, and to schedule a
                                hearing for this evening to be Boundary Line Adjustment #2.
                                Mr. Charest Seconded.
                                Motion Carried – Unanimously.
       
III.    Boundary Line Adjustments

    1.    Courtland & Shirley Randall, Trustees, William & Joyce Augello and Edward J. Cote, Jr. (180- 34, 31 & 44)(Cottage Road and 47 Wyman Trail)
            Boundary Line Adjustment

    Mr. Nelson stepped down from the board for this hearing.

    Ms. Ryerson stated that this was a request for a boundary line adjustment.

    Jim Hambrook, agent for the applicants presented the application for a boundary line adjustment. The property is located on Cottage Road, a back land piece of property 5.25 acres. The proposal is to adjust .18 acres (7,891 sq. ft.) from the Randall’s to the Augello, essentially doubling the lot. The existing lot area now is .22 acres, adding .18 acres for a total of .40 acres. The other adjustment is to adjust .48 acres (20,906 sq. ft.) from the Randall’s to the Cote lot, doubling the lot from .48 acres to .96 acres.  The residual lot will be 4.59 acres with a Unit Density of 3.28 units based on the Carroll County Soils Map. Mr. Hambrook stated the density was on the conservative side as they used a D slope and the site has a gentle roll to it. There is no road frontage involved with the proposal, it is all back land. Mr. Hambrook noted that the pins have been set. Mr. Hambrook answered any questions from the board.

    Mr. King questioned if the soil type was consistent throughout the parcel. Mr. Hambrook stated yes, that it is a Gloucester on the soils map.

    Ms. Ryerson questioned if either of the lots are connected with any other lots. Mr. Hambrook stated they are individual pieces, and the Augello’s also have a lake front lot.

    Mr. Taussig questioned if there were any structures on any of the lots. Mr. Hambrook stated that one has a house, garage and leach field. The other lot (#31) has only a leach field. Ms. Ryerson questioned if the leach field was attached to another lot. Mr. Hambrook stated that it is off site septic for the lake front lot.

                    Motion:    Mr. King moved to approve the Boundary Line Adjustment for Courtland &
                                    Shirley Randall, Trustees, William & Joyce Augello and Edward J. Cote, Jr.
                                    (180- 34, 31 & 44) subject to Section 5.4 of the Subdivision Regulations and grant
                                    the waivers as requested.
                                    Mr. Charest Seconded.
                           
                                    Motion Carried – Unanimously.

    Mr. Nelson returned to the board at this time with full voting privileges.

    2.    Sean M. & Julie C. Dalton and Guy F. & Dorothy A. Plassart (119-17 & 119-8)
           Continued Boundary Line Adjustment (23 Heavens Way & 22 Blueberry Lane)

    Ms. Ryerson stated that this was a request for a boundary line adjustment. Ms. Ryerson noted the request for waivers dated April 2, 2008 from Yerkes Surveying Consultants. Ms. Ryerson noted the Unit Density Calculation Sheet provided with the application shows that both existing lots are non-conforming. They each will support less than one unit, and if the proposed transfer is approved, Lot #17 will become more non-conforming. This is based on the information provided with the application.

    Frank Yerkes, representing the applicants presented the application for the boundary line adjustment. Mr. Yerkes noted the proposal is to remedy an encroachment problem that has existed for a number of years. There are improvements of a lawn area, and a pump to the lake that has been maintained by the Dalton’s and the predecessor in title for many years. The proposal is for an equal exchange of gross area. Mr. Yerkes stated they did not have a wetland scientist look at the wetlands, they were wet and they noted it on the plan. They were trying to keep it simple. Mr. Yerkes questioned if the net usable area controlled, gross area controlled or do both of them control for non-conforming lots. Mr. Yerkes noted the proposal was an even trade with gross area, and nothing is physically changing on the lots.

    Ms. Ryerson stated the exchange of “bad land” for “good land” is not a fair exchange, and noted the Planning Board is bound by the regulations and that they can not approve a boundary line making a non-conforming lot more non-conforming.

     Mr. King stated the area to be exchanged must be of equal suitability, and you can not exchange poor land for good land. This would be where the ZBA comes in. They would need to grant a variance and then the applicant would come before the Planning Board for the boundary line adjustment.

    Mr. Yerkes noted he has an alternative. He had taken the soils and slope off the Carroll County Soils Map. They used 8-15% slopes, and he believes a lot of the slopes are less than 8%. Mr. Yerkes asked for a continuance in order to complete topography on the site, withdraw the waiver request and find out what the
slopes really are. If they find that most of the land is less than 8% it would make Lot #17 conforming based on the soils and slope table, and that problem should go away. They may have a soil scientist go on-site and look at the wet area and it may not be as bad as they have depicted on the plan.

    Abutter Frank Hebert (Lot #7) stated his concerns that historically there have been inaccuracies with surveys done within the development over the 40 years that it’s been there. In reviewing the plan this evening and comparing to surveys he has, the depth of their lot is cut by five to six feet. The second concern is the
driveway to the Plassart property was originally a right-of-way and whether the ROW remains or if it is classified as a driveway giving access to the lots from the other side. Mr. Yerkes stated that Row’s don’t go away, it still exists. Mr. Yerkes will look at the boundary issue where there is a question.

    Mr. Yerkes will speak with his clients and determine which option they choose, to complete topography and map the wetlands or make application to the ZBA for an area variance.

                    Motion:    Mr. King moved to continue the hearing for Sean M. & Julie C. Dalton and
                                    Guy F. & Dorothy A. Plassart (119-17 & 119-8) to May 28, 2008.
                                    Mr. Nelson Seconded.

                                    Motion Carried – Unanimously.

IV. Hearings

    1.    C.G. Roxane, LLC (Old 85-21 / New 94-4)(Ossipee Park Road / Route 171)
          Continued Site Plan Review

    Ms. Ryerson noted that this was a continued site plan hearing for C.G. Roxane, LLC. The hearing was continued on January 23, 2008 to allow time for the court to issue a decision and allow for any appeal period.

    Doria Aronsen, representing C.G. Roxane was present to request another extension. Ms. Aronsen stated they had prevailed in Superior Court and the decision has been appealed to the Supreme Court. They are awaiting the briefing schedule at this time and do not have a court date as of yet.

    It was noted the board had required the current abutter’s being properly noticed prior to the continued hearing and will require this again.

                Motion:    Mr. Nelson moved to continue the site plan review hearing for C.G. Roxane, LLC
                                (Old Tax Map 85 Lot 21 / New Tax Map 94 Lot 4) to September 10, 2008
                                conditional upon the current abutter’s being re-notified not more than 15 days
                                prior to the date unless the court date is not settled at that time.
                                Mr. Charest Seconded.

                                Motion Carried – Unanimously.

    2.    Skiffington Homes, Inc. (144-36)(Moultonboro Neck Road & Blackadar Lane)
           Continued Five Lot Subdivision
   
    Mr. Nelson stepped down from the board for this hearing.

    Ms. Ryerson noted that this was a continued hearing. The board had continued the hearing to allow time for a site walk, which took place on April 22, 2008.

    Dave Dolan, agent for the applicant, briefly recapped the proposal for the five lot subdivision of property located off Moultonboro Neck Road and Blackadar Lane. Mr. Dolan noted the site walk and described the route board members walked through the property. The board viewed the test pit, 4K area locations. Mr. Dolan stated they have received State Subdivision approval for the lots. Lot #1 has been reconfigured from the original plan to the configuration shown on a revised plan presented to the board. The lot area is now 2.83 acres. Mr. Dolan submitted revised lot calculations for the reconfigured lot. Mr. Dolan answered any questions from the board.

    Mr. King stated that there an awfully lot of wet area on the site, but the lots are large, leaving areas that are suitable for building. Mr. King noted his concern with Blackadar Lane, it is in rough shape. Mr. King questioned if there is any intention of upgrading the road. Mr. King’s concern was with access for fire trucks and or emergency equipment. Mr. Dolan stated the road is approximately 10-12 feet in width of gravel, shoulder to shoulder. The area in the beginning is very rough as it was recently excavated to put in underground power underneath the transmission line. Mr. Dolan felt sure the developer would make the road a suitable, usable road. This was discussed at the prior hearing, they do not know what width would be suitable, as it is an existing private road, and a gray area. The developer will commit the five property owners to a requirement to share in maintenance.

    Mr. Dolan addressed the comment of the Fire Department. They would like to propose that all the homes have sprinkler’s, it is noted on the plan. If the board wishes, they will have this placed in the deed as a restriction that the residential dwellings have sprinkler systems installed, and that an occupancy permit will note be issued until such time that a residential sprinkler system is installed and approved by the Fire Department.

    Mr. King stated that he is glad this requirement is noted on the plan. He would like it to be a condition that it be placed in the deeds to all five lots, and that it include the statement regarding occupancy permits.

    The board discussed the road, noting that it was not a subdivision road, that it is an existing private road. Mr. Dolan stated the current width of the road varies from 10 -12 feet in width. The board required that the road be able to accommodate a fire truck, at least twelve feet in width. Also stated was that the first 100’ of the road be brought up to the condition of the remainder of the road. Mr. Dolan stated the first 300’ would be improved, bringing it past the first utility pole.

    Mr. Taussig requested that there be a consistent width to the road, that it be no narrower than twelve feet. Mr. Haracz questioned if there was a need for an appropriate turn around to accommodate a fire truck. Mr. Dolan stated that a turn around could be created on Lot 4 or 5, and questioned if the board would leave the option for him to find a suitable area on Lot 4 or 5, allowing him to look at this site in the field. This would be shown on a revised plan.
       
                    Motion:    Mr. King moved to approve the five lot subdivision for Skiffington Homes, Inc.
                                    (144-36) with the conditions that Note #7 include reference to no Occupancy
                                    Permits being issued unless the sprinkler systems are in place, sprinkler systems be
                                    incorporated in the deeds for all five lots, the first 300’ of Blackadar Lane from
                                    Moultonboro Neck Road be upgraded to at least the condition of the remainder
                                    of the road, that the road have a width no less than twelve (12) feet, a suitable
                                    turnaround for emergency vehicles, in particular fire trucks, be constructed either
                                    on Lot 4 or Lot 5 and if it encroaches, an easement for benefit for access, and to
                                    grant the waivers as requested.
                                    Mr. Taussig Seconded.

                                    Motion Carried – Unanimously.

    Mr. Nelson returned to the board at this time with full voting privileges.

     3.    Carl A. & Maribeth Crupi (161-14)(10 Jeremiah Smith Road)
            Continued Four Lot Subdivision

    Ms. Ryerson noted that this was a continued hearing. The board had continued the hearing to allow time for a site walk which took place on April 22, 2008.

    Dave Dolan, agent for the applicant, briefly recapped the proposal for the four lot subdivision of property located off Jeremiah Smith Road, bounded on two sides by Jeremiah Smith Road, Curtis Lane and Frye Road. Lot 1 has an existing house, with a subsurface sewage disposal system. The plan was revised slightly based on feed back from the state. The state wanted them to demonstrate that the 75’ protective well radius was unencumbered. It could not have a septic system built in those areas where it was off lot. Mr. Dolan noted the site walk and described the route board members walked through the property. The board viewed the culvert locations and the drainage coming into it. They viewed test pits on Lot 4. Mr. Dolan stated they have received State Subdivision approval for the four lots. In working with a soil scientist Mr. Dolan created a conceptual design that could accommodate a 30’ x 40’ house on Lot 4, with the septic system. Mr. Dolan answered any questions from the board.

    Mr. King stated that he was very concerned with Lot 4, noting the plan clearly shows that the lot could accommodate a 30’ x 40’ home.

    Mr. Dolan addressed the comment of the Fire Department. They would like to propose that all the homes have sprinkler’s, it is noted on the plan. They will meet the requirements as noted in the prior approval for the Skiffington Homes subdivision. They will have this placed in the deed as a restriction that the residential dwellings have sprinkler systems installed, and that an occupancy permit will not be issued until such time that a residential sprinkler system is installed and approved by the Fire Department.

                    Motion:    Mr. King moved to approve the subdivision for Carl A. & Maribeth Crupi
                                    (161-14) with the conditions that the plan notes that all dwellings will have a
                                    sprinkler system installed, no Occupancy Permits being issued unless the sprinkler
                                    systems are in place, sprinkler systems be incorporated in the deeds for all four lots,
                                    and grant the waivers as requested.
                                    Mr. Nelson Seconded.

                                    Motion Carried – Unanimously.

    4.    Patricia A. Carrasco (45-4) (81 Randall Road & Route 109)
           Continued 3 Lot Subdivision

    Mr. Nelson stepped down from the board for this hearing.

    Ms. Ryerson noted that this was a continued hearing. The board had continued the hearing to allow time for a site walk, which took place on April 16, 2008.

    Dave Dolan, agent for the applicant, briefly recapped the proposal for the three lot subdivision of property located off Randall Road and Route 109. The property is approximately 43 acres and the proposal is for a three lot subdivision creating two new lots and one residual lot. Proposed Lot 1 has 130 feet + of frontage on Route 109 and 16.33 acres +. Proposed Lot 2 is 2.02 acres and will be accessed off Randall Road. Proposed Lot 3 is 25.02 acres + and will be accessed off Randall Road. Proposed Lot 2 will be subject to and easement to service Lot 3. Mr. Dolan noted they have received state subdivision approval for Lot 2. Mr. Dolan answered any questions from the board.

    Mr. King questioned what would become of the shed that is located over the proposed property line. Mr. Dolan stated that the shed would be moved to be in compliance with the sideline property setback. Mr. Carrasco stated he could have the shed relocated tomorrow, and pointed to the location on the plan where the shed is to be relocated.

                    Motion:    Mr. King moved to approve the subdivision for Patricia A. Carrasco (45-4)
                                    with the condition the shed to be relocated and grant the waivers as requested.
                                    Mr. Haracz Seconded.

                                    Motion Carried – Unanimously.

    Mr. Nelson returned to the board at this time with full voting privileges.

    5.    Lightower Wireless, LLC (88-2)(627 Whittier Highway)
           Compliance Hearing – Land of Shirley Ellen Dale and Terence C. Jatko

    Ms. Ryerson noted that this was a compliance hearing for Lightower Wireless, Map 88 Lot 2. A letter dated March 28, 2008 was sent to Lightower, Diane Tracey. It was noted for the record that the original letter was sent out Certified Mail, Return Receipt which has not been claimed at this time. Mr. King and Ms. Whitney discussed on April 10th that the Land Use Office had not received the return receipt for the letter. On April 10, 2008 a copy of the original letter dated March 28, 2008 was sent out a second time to the same address and the Land Use Office did receive back the Return Receipt indicating the letter had been received by Lightower.

    Mr. King stated that Lightower was aware that someone was supposed to be present this evening as noted in the letter of March 28, 2008. The board discussed what their next action would be. It was noted that on other occasions the board has sent a second letter indicating that there was no one present at the hearing and require someone present, and if no one is, stating the next action is to begin revocation process.

    It was the decision of the board to issue another sterner letter reminding them of the terms of their site plan approval and require someone to be present at a continued hearing.

                    Motion:    Mr. King moved to continue the compliance hearing for Lightower Wireless, LLC
                                    (88-2) to May 28, 2008.
                                    Mr. Charest Seconded.
   
                                    Motion Carried – Unanimously.

V.     Informal Discussions
   
VI.     Unfinished Business

1) Ms. Ryerson noted a letter dated April 16, 2008 from Peter DiSalvo-PAD Realty Corp. of NH (170-12). Mr. DiSalvo acknowledged receipt of the Planning Board’s letter of April 7, 2008 regarding his office building. Ms. Ryerson stated she had driven past the site earlier today, noting there were only two cars parked in the lot, and none with a Remax sign on them. Mr. King stated that there was an “Open” flag there, which clearly indicates an invitation for business, which it should not. Board members discussed the business, stating that in speaking with the tenants they are thrilled with the location as they get so much foot traffic. There is no question that the site is not operating in the way that Mr. DiSalvo understood it would be used and as he has so informed the Board last May. In his letter, Mr. DiSalvo indicated he had passed the comments along to his tenant and has instructed them to cut back to one office manager, and has contacted Jim Hambrook to prepare a site plan amendment for the property.

2) Mr. King noted that he had several sites that he is concerned with which are listed below.

i) Home Town Grocery – Two outside picnic tables along side of Route 25, color of the building, and the satellite dish on the staging located beside the building.

ii) Alan & Charlene Fargnoli – Lot located next to the Black Snout Restaurant – boat & trailer, equipment,
culverts, work material and vehicles located on the lot. Is there a site plan on this property, and it appears
to be being used as storage for equipment and materials.

iii) Captain Bart’s – Lot located on Route 109 has a new building located on it and the trailer appears to have become permanent.

iv) Gary & Mary Ann Schmidt – Lot located off Route 109 which appears as some form of gravel operation. The Land Use Coordinator noted that this is a residential lot and that Mr. Schmidt has been into both the Land Use Office and the Code Enforcement Office to describe what he is doing on the lot. Mr. Schmidt did not want to proceed without first obtaining any necessary approvals. It was noted that there was an existing driveway cut off Route 109 for the access to the lot. This is being upgraded to access the rear of his residential 101 + acre lot.
This area was at one time excavated for material.

The board stated they would like to have the site plans on file available for review at their next meeting regarding Home Town Grocery, Alan & Charlene Fargnoli and Captain Bart’s.

3) It was noted that NH DOT will be meeting with the Board of Selectmen on May 8, 2008 regarding their property located at 710 Whittier Highway for informational purposes. Mr. Charest offered to pass any questions or comments along during this presentation.

4) Ms. Ryerson stated that the board had discussed adding one new line into the policies regarding the cancellation of meetings. This is to clarifying when there is a cancellation due to unforeseen circumstances that anything on the agenda for that evening will automatically be rescheduled for the next legally noticed session. In reading the Selectmen’s Minutes, they are working on policy as well.

                    Motion:    Mr. King moved to adopt the following as policy:
                                   “In the event a legally notice meeting must be cancelled, because of weather or
                                    other reasons, the cancellation will be posted on the door of town hall and will
                                    be noticed in the media. Items on the agenda for the night of the cancelled meeting
                                    will be rescheduled for the next legally noticed session without further notice.”
                                    Mr. Taussig Seconded.

                                    Motion Carried – Unanimously.

5) Mr. King stated that another policy that may be appropriate would be that board members call or email the Land Use Office indicating if they will or will not be attending each scheduled meeting. The board has been in an awkward position where there were not enough members for a quorum. Board members felt the policy would be that they would notify if they were not going to be in attendance for a meeting. Language will be crafted for this policy similar to: It shall be the practice of board members and alternates to contact the Land Use Office if they are unable to attend a regularly scheduled meeting prior to that evenings meeting.

6) Ms. Ryerson noted that in reading the Board of Selectmen’s Minutes she had a question for Mr. Charest. It read Betsey stated that she is looking into the RSA’s and the Capital Improvements Committee. She will be speaking with the Chair and Vice Chair of the Planning Board, as the Town’s legislative body during Town Meeting gave the Planning Board the authority to do capital improvements and planning, which is very similar to the Municipal Needs Committee. Mr. Charest stated that the Board of Selectmen is looking at the whole structure of some of the committees that the selectmen are responsible for. Name changes, more clearly define their responsibilities and to see if there is some overlap as there has been some questions as to who’s doing what. It was noted that the CIP authority was given to the Planning Board at the 1987 Town Meeting. 

7) Reminder for those who have signed up for the NH Office of Energy and Planning Annual Spring Conference, the date of the Conference is Saturday April 26, 2008.

8) Ms. Ryerson noted that April 30th is a fifth Wednesday and there will be a work session. The board discussed items that they would like to have included at the work session. First is material regarding the ordinance review prepared by Heidi Griffin, Subdivision Regulations review prepared by Carol Ogilvie, Route 25 Corridor Study, Sprinkler System Ordinance and Height Requirement, Wind Power Ordinance, Wetland Mitigation and the Sign Ordinance.

9) Ms. Ryerson noted for those involved with the Master Plan Update that on May 20, 2008 MRI is hoping to have a larger meeting with committee heads and the steering committee at the Library. Time to be posted.

VII.    Other Business/Correspondence

1) Ms. Ryerson reminded board members that next week is a fifth Wednesday

1) JLPC Minutes of April 22, 2008 were noted.

2) Moultonborough Zoning Board of Adjustment Draft Minutes of April 16, 2008 were noted.

3) Selectmen’s Draft Minutes of April 10 & 17, 2008 were noted.

VIII.    Committee Reports

IX.    Adjournment

                    Motion:    Mr. Nelson moved to Adjourn at 9:28 P.M.
                                    Mr. Charest Seconded.

                                    Motion Carried - Unanimously.

Respectfully Submitted,
Bonnie L. Whitney
Land Use Coordinator

These Minutes have not been formally approved by the Moultonborough Planning Board. Please contact the secretary
after the next regularly scheduled meeting of the Moultonborough Planning Board to be held on the 2nd and 4th
Wednesday of each month, to learn if any corrections, additions or deletions were made.






Respectfully Submitted,
Bonnie L. Whitney
Land Use Coordinator

These Minutes have not been formally approved by the Moultonborough Planning Board. Please contact the secretary
after the next regularly scheduled meeting of the Moultonborough Planning Board to be held on the 2nd and 4th
Wednesday of each month, to learn if any corrections, additions or deletions were made.



 

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