TOWN OF BELMONT, NH PLANNING BOARD

Transcription

1 TOWN OF BELMONT, NH PLANNING BOARD Monday, April 27, 2015 Belmont Corner Meeting House Belmont, New Hampshire Present: Absent: Staff: Chairman Peter Harris; Vice Chair Ward Peterson; Members Claude Patten, Michael LeClair, Rick Segalini, Jr. and Steven Paquin. Jon Pike Ex-Officio. Candace Daigle and Richard Ball. The chairman opened the meeting at 7p.m. and welcomed those in attendance. PLAN SUBMISSION MEETING and PUBLIC HEARING LED Construction LLC: Continuation of a request to extend or reapprove subdivision approval for one year (2/25/16) to subdivide one lot into four. Property is located on Sand Circle, Tax Lot in the RS Zone. PB # 04-15P Mr. Deducca was present for this application. He apologized for missing the last meeting and thanked the Board for postponing to today. He s just asking for an extension with the same basis as last year. BOARD S ACTION (Plan Submission) - LED Construction LLC: On a motion by C. Patten, seconded by R. Segalini, the application was accepted as complete for the purposes of proceeding with consideration and making an informed decision. However, additional information shall be requested as necessary and must be submitted to complete review and act on the application. Action on this proposal shall occur by July 1, 2015 subject to extension or waiver. (6-0) BOARD S ACTION (Proposal of Regional Impact) - LED Construction LLC: In order to provide timely notice, provide opportunities for input and consider the interests of other municipalities, the Board shall act to determine if the development has a potential regional impact as defined by RSA 36:55. Impacts may include, but are not limited to: relative size or number of dwelling units as compared with existing stock; proximity to the borders of a neighboring community; transportation networks; anticipated emissions such as light, noise, smoke, odors, or particles; proximity to aquifers or surface waters which transcend municipal boundaries; shared facilities such as schools and solid waste disposal facilities. On a motion by W. Peterson, seconded by M. LeClair, it was voted unanimously that the proposal does not have a potential regional impact. (6-0)

2 Belmont Planning Board 2 April 27, 2015 Public Hearing LED Construction LLC: The chairman opened the public hearing portion of the review. Mr. Deducca was present for this application. M. LeClair asked about the staff report reference to securing the conditions of approval. Staff explained the two-step threshold of RSA 674:39 to temporarily and permanently protect the project from future changes in the Ordinances. There being no further comment or question the chairman closed the public hearing. BOARD S ACTION (Application) - LED Construction LLC: M. LeClair moved that the application be granted Final, conditional approval as it appears to meet all of the technical requirements of the Ordinances and Regulations of the Town of Belmont with the following conditions: Conditions to be complied with or secured (as appropriate) prior to plan being signed and decision recorded. No site improvements or approved uses shall commence and no building permit shall be issued until plan is signed and decision recorded. 1. This action is based on a plan or plan set dated January 19, 2007 (to be amended). 2. All remaining processes shall be regulated under the current version of the Belmont Subdivision Regulations Ed. 6/24/ All conditions precedent of original 2/25/08 approval and 2010, 2012, 2013 & 2014 extensions to remain in effect except as amended or added to herein. 4. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 2/25/16 unless all conditions precedent have been met and the approval has been signed, the approval has been recorded or required security has been posted to begin the improvements, or an approval extension application is submitted and is granted. 5. Existing approved schedule moved forward one year as noted above. 6. The Board is under no obligation to approve subsequent extension requests. 7. Notice to the applicant and/or a public hearing are not required for the Board to determine that a conditional approval has expired. Reapplication in the case of an expired conditional approval requires a new application meeting all applicable Regulations. 8. Compliance hearing shall be held by Board as necessary. 9. No changes shall be made to the approved plans unless application is made in writing to the Town. APPLICANT SHALL TAKE SPECIAL NOTICE: NO WORK MAY COMMENCE UNTIL ALL PRE-CONDITIONS HAVE BEEN SATISFIED. CONTACT THE LAND USE OFFICE WITH ANY QUESTIONS. WORK COMMENCING PRIOR TO TOWN AUTHORIZATION SUBJECTS THIS APPROVAL TO REVOCATION AND OTHER ENFORCEMENT ACTION AND DAILY FINES. The motion was seconded by R. Segalini and carried. (6-0) PLAN SUBMISSION MEETING and PUBLIC HEARING Carolyn Bancroft: Request for site plan approval for a Doggie Day Care. Property is located at 68 Tioga Drive, Tax Lot in the RM Zone. PB # 0515P.

3 Belmont Planning Board 3 April 27, 2015 Carolyn Bancroft was present for this application. She explained that her husband passed away and she needs to supplement her income. She s been training dogs for the Laconia Adult Education program for close to 30 year and she trains personally, even for police departments. She is proposing to take care of dogs when people go to work and they wouldn t have to leave their pets at home alone. She will operate weekdays. Drop off will be from 7-9am and pickup from 4-6pm each day. She has a totally fenced in yard; it s all secure. She walks the fence line regularly to double check its safety. She has an in-ground dog waste system that operates at all time the temperature is at least 40. When it is colder she has made arrangements for pickup of bagged wastes. The area is cleaned daily. She has her own personal dogs, so it s kept clean. The client dogs will never be outside without her with them so there will be no excessive barking. If they don t listen, she will control them. She doesn t allow her own dogs to bark. The smoke detectors and a CO2 detector have been put in. They are all hard-wired in. The LP tanks on the side of the building that were too close to the air conditioning unit have been relocated. BOARD S ACTION (Plan Submission) - Carolyn Bancroft: On a motion by C. Patten seconded by S. Paquin, the following waiver that relates specifically to the completeness of the application was granted: From submitting a site plan drawn by a licensed land surveyor. That plan would have included survey, soils, aquifer report, utilities/fire protection, stormwater management and quality assurance program. The basis for this waiver is due to the minor nature of the use with no interior or exterior changes proposed, structures exist, no soils disturbance, no hazardous or potential contaminants used, and no change in stormwater. (6-0) On a motion by W. Peterson, seconded by C. Patten, the application was accepted as complete for the purposes of proceeding with consideration and making an informed decision. However, additional information shall be requested as necessary and must be submitted to complete review and act on the application. Action on this proposal shall occur by 7/1/15 subject to extension or waiver. (6-0) BOARD S ACTION (Proposal of Regional Impact) - Carolyn Bancroft: In order to provide timely notice, provide opportunities for input and consider the interests of other municipalities, the Board shall act to determine if the development has a potential regional impact as defined by RSA 36:55. Impacts may include, but are not limited to: relative size or number of dwelling units as compared with existing stock; proximity to the borders of a neighboring community; transportation networks; anticipated emissions such as light, noise, smoke, odors, or particles; proximity to aquifers or surface waters which transcend municipal boundaries; shared facilities such as schools and solid waste disposal facilities. On a motion by M. LeClair, seconded by W. Peterson, it was voted unanimously that the proposal does not have a potential regional impact. (6-0) Public Hearing Carolyn Bancroft:

4 Belmont Planning Board 4 April 27, 2015 The chairman opened the public hearing portion of the review. Carolyn Bancroft was present for this application. P. Harris explained to the members that the whole neighborhood came for the ZBA meeting, all the neighbors, and all in support. Ms. Bancroft explained that she teaches dog draining for the Laconia Adult Education in the Woodland Heights School, not in the Community Center. The difference is basically that she teaches the AKC standards. Mr. Joel Weinrebe of, 64 Tioga Drive, showed a photo of the birthday party that Ms. Bancroft holds each year for the Doberman Pinchers that she has trained over the year; anywhere else that you saw 30 Dobermans all together you would fear for your life. But these dogs have been trained and cared for properly and you would never find a place where you could bring so many together and have them all just sit with no barking. He said they have gone to 5 of these events since they ve known Ms. Bancroft. Mr. Weinrebe explained that they directly abut Ms. Bancroft s property and it is well maintained, nothing has ever been a nuisance. They have four cats and there has never been an issue. Mr. Weinrebe explained his mother trained dogs and he s been handling them since he was 5 or 6 years old. They are very fortunate to have Ms. Bancroft as a neighbor. It was their decision to be her neighbor because of her love for dogs. People could not entrust their animals to anyone safer. The people on the other side of Ms. Bancroft s property came to the ZBA and testified and also the ones that live directly across the street. Everyone advocated for the same thing; that the application be approved. There is no better place for people who work all day to leave their dogs. This will also help her financially. If someone loves something and get to do it for a living, like this will be for Ms. Bancroft, it makes it great to go to work every day. The yard is pretty big so there should not be a problem with the dogs having sufficient space. It is very clean, very hygienic. He definitely supports her application. Sarah Flynn, 40 Tioga Drive, explained that Ms. Bancroft has been her nanny since she was 12 years old and has trained all her dogs; 4 bloodhounds, and has helped her register her current dog as a therapy dog. She takes them to nursing homes. She is just a wonderful woman. She has helped Ms. Bancroft raise all her Dobermans. Ms. Bancroft knows how to take control and she shows respect to the dogs. This is Ms. Bancroft s true dream and Ms. Flynn will be right there supporting her and helping her with anything. They are currently working on signage and decorating. All the neighbors are with Carolyn; the whole Tioga Circle is behind Carolyn. Her father lives directly across the street and came to the ZBA and testified in her behalf. Shari Lebreche lives beside Ms. Bancroft. She stated she cannot speak highly enough of Ms. Bancroft her dogs and as a neighbor and friend. Everything s been said that can be said. She supports all of it and hope she gets her dream. M. LeClair asked about numbers. Ms. Bancroft said the ZBA approved 12 dogs although she doubts she ll have that many. But it s a 3-car garage so there is plenty of room. She also currently has 4 of her own dogs and the ZBA approved up to 5 personal dogs. She never planned to have even 4, but the owner died of cancer and she took back a dog. The number the ZBA approved works for her. They re all not going to be big dogs either. P. Harris said the ZBA enacted sufficient safeguards on what s going to provide them sufficient room, while allowing her to operate. P. Harris discussed the fact that the staff was very concerned about the animals and also controlling any future owners. Ms. Bancroft explained she has commercial air crates coming. She also explained that at the request of the ZBA she has researched whether there are any standards for minimum square footage, etc. for a doggie daycare.

5 Belmont Planning Board 5 April 27, 2015 She was not able to find any, but she has taken care to provide adequate room and each crate will be sized to the occupant. The garage is also heated and air conditioned. The dogs will have snack time, nap time and playtime. They will all get spring water, not tap water, to avoid any intestinal problems from changing from their home water supply. She has contacted her insurance company and her business policy will be in effect when she opens. She also has a contract that everyone will have to sign before leaving their dog. The contract does limit her liability but she also will not accept any animal that is not friendly. That s part of the contract the owner signs. They would then be liable if the dog turns out not to be friendly. She ll do her best to protect her animals. She has already been inspected by the fire and building departments and met their requirements. There being no further comment or question the chairman closed the public hearing. BOARD S ACTION (Application) - Carolyn Bancroft: C. Patten moved that the application be granted Final, conditional approval as it appears to meet all of the technical requirements of the Ordinances and Regulations of the Town of Belmont with the following conditions: Conditions to be complied with or secured (as appropriate) prior to plan being signed and decision recorded. No site improvements or approved uses shall commence and no building permit shall be issued until plan is signed and decision recorded. 1. This action is based on a sketch received 4/6/ Compliance hearing shall be held by Board as necessary. Construction conditions to be complied with once plan has been signed and decision recorded (shall comply with full standards of the Town s Project Security/Construction Process): 3. Shall install and maintain required smoke/heat/co detectors in garage as recommended by the Fire Department in working condition. General conditions to be complied with subsequent to plan being signed and decision recorded: 4. Approved uses include Doggie Day Care. 5. Limit total number of dogs on the property at any one time, including both client-owned and other to be Hours and days of operation are to be Monday-Friday, 7am 6pm. 7. Client dogs are to be kept within the described garage except for times of exercise within the fenced area and dogs are to be monitored at all times they are outside the structure to limit noise. 8. Dog feces is to be gathered at least once a week and more often as necessary to maintain a clean and feces free area and shall be placed in the described underground container which will be activated and running at all times when the temperature is above 40. Vegetation shall be maintained within the outdoor keeping area or an appropriate ground cover to maintain clean and odor-free conditions shall be placed as approved by the Town. Unclean conditions, including excessive odor determined by the Town to be obnoxious or detrimental at any point beyond the property lines shall be grounds for the closure of this use by the Code Enforcement Officer. 9. The intent of this approval is that noise levels shall be kept to a minimum. Excessive noise determined by the Town to be obnoxious or detrimental at any point beyond the property lines

6 Belmont Planning Board 6 April 27, 2015 shall be grounds for the closure of this use by the Code Enforcement Office. 10. No more than 5 people shall be in the garage at any one time related to the boarding and/or training activities. 11. Fencing shall be maintained as an open wire material, not an opaque or solid material and shall be maintained at all times. Existing tree line shall be maintained. Insufficient fencing or a reduction in the vegetative buffer shall be grounds for the closure of this use by the Code Enforcement Office. 12. All representations made by the applicant during the public hearing are incorporated as a condition of this approval. 13. Landscaping shall be maintained, shall be kept in a sightly manner and not allowed to deteriorate. 14. All exterior lighting shall be downcast and shielded from abutters and traffic. 15. Permits must be obtained for all signage, and signs for inactive, closed or abandoned uses shall be removed within 30 days. 16. No changes shall be made to the approved plans unless application is made in writing to the Town. 17. The Planning Board shall have the power to modify or amend its approval upon its own motion to do so. 18. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 4/27/16 unless all conditions are met or an extension is applied for and granted in accordance with the Regulations. 19. Where there is a conflict within the information submitted by the applicant, the town shall determine the correct information to be applied. 20. Operational conditions of the Town and other agencies shall be met. M. LeClair asked about the wire fencing. C. Daigle explained the neighborhood would rather have seethru wire than a solid or opaque fencing which would make it look like a compound. Mr. Weinrebe said her fence is very unobtrusive, without looking like a closed-in area. M. LeClair explained that the reason the Board asks so many questions, is that while neighbors love Ms. Bancroft, the next person, years from now, may not and all of a sudden they are calling the Town wanting a solid fence. Ms. Lebreche explained that if the use ceases for 2 years, the variance expires so there may not be a subsequent operation after Carolyn. The motion was seconded by M. LeClair and carried. (6-0) Ms. Bancroft told the Board that she will be holding an open house before she opens and she will be inviting everyone to attend. P. Harris remembered from the ZBA meeting that visitors can take dog treats, but only American made. Ms. Bancroft agreed, noting that she knows of 3 dogs that died from being given treats made in China. She uses Stauffers Animal Crackers. They are low fat, low calorie, the dogs love them and they re inexpensive. OTHER BUSINESS: 1. Minutes: On a motion by W. Peterson, seconded by M. LeClair, it was voted unanimously to approve the minutes of March 23, 2015 as written. (6-0)

7 Belmont Planning Board 7 April 27, Other: Adjournment: A. 234/005 - ARC East Coast Militia This will be similar to what occurred on Casino lot. The members received a copy of the ARC minutes. The applicant is not sure if he ll decide to proceed or be able to reach a deal with the property owner. He will have to meet again with the ARC. B. 122/058 - Penguin Staff continues to work with new owner. He will be removing the diesel pump to enhance access to drive thru and has an engineer working on a variance for coverage and a site plan application. C. 235/043 - Bestway There is no word yet on whether they have received the DES determination or what they may have offered to address concerns from the DES public hearing. D. 111/045 - Hueber Staff had an inquiry re:subdivision of the Hueber lot. They are not sure they ll decide to proceed as they have to connect to sewer. E. 238/002 - Roberts/Hackett Road DOT is requiring some work at both the east and west intersections of Hackett Road for the approval needed to support Mr. Roberts event approvals. The angled access on the westerly end is to be abandoned/reconfigured. The easterly end is to have drainage cleared & pole removed (town will do) and be narrowed. Paved aprons are required at each end. F. NH DES-South Road/Jamestown Road/Depot Street (Rte 140) DOT has reduced the proposed road improvements to pavement rehab, enhanced signage & a sight line easement. Since the sight line was cut, there have been fewer accidents so the site no longer is eligible for safety funding improvements. G. 201/009 Water Street Retail staff updated the Board on the construction project including blasting. On a motion by C. Patten, seconded by R. Segalini, it was voted unanimously to adjourn at 7:55p.m. (6-0) Respectfully submitted: Candace L. Daigle, Town Planner