PLANNING BOARD BELMONT NH

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1 PLANNING BOARD BELMONT NH Monday, September 28, 2015 Belmont Corner Meeting House Belmont, New Hampshire Members Present: Members Absent: Staff: Chairman Peter Harris; Ward Peterson, Claude Patten, Jon Pike Ex-Officio, Michael LeClair and Steven Paquin. Rick Segalini Jr. Candace Daigle, Rick Ball and Elaine Murphy. The chairman opened the meeting at 7 p.m. and informed those in attendance that Parent Sand and Gravel has asked to have their application Tabled to the next meeting. Action will occur at that point on the agenda. PLAN SUBMISSION MEETING AND PUBLIC HEARING GISTIS BELMONT REALTY LLC : Request for a one year extension (8/28/16) for a conditional subdivision approval to create a 43-building lot open space subdivision. Property is located on Middle Route, Hoadley & Province Roads, Tax Lot in the R Zone. PB # 1615P. The chairman explained that 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. J. Pike moved that the proposal does not have a potential regional impact. BOARD'S ACTION GISTIS BELMONT REALTY LLC: C. Patten moved that the application be 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 12/2/15 subject to extension or waiver.

2 BELMONT PLANNING BOARD 2 SEPTEMBER 28, 2015 The motion was seconded by M. LeClair and carried. (6-0) Ms. McCourt stated that this is a large subdivision, 43 lots, and they are waiting for the economy to turn around in order to get financing. The chairman opened the public hearing and asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing. W. Peterson moved that the application for extension 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: 1. The extension is to 8/28/ Comply with all conditions of the original approval, subsequent amendments and extensions and those as represented by the applicant during the public hearings on the proposal and within submitted printed documents including the approved plan. 3. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 8/28/16 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. The Board is not required to grant additional extensions. 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. 4. In accordance with the approved buildout schedule all documents sufficient for plan recording no later than 8/24/16; Active and Substantial development of the approved improvements no later than 8/24/17 and improvements shall be substantially completed by 8/24/ Compliance hearing shall be held by Board as necessary. 6. No changes shall be made to the approved plans unless application is made in writing to the Town. 7. The Board is under no obligation to approve subsequent extension requests. 8. Access will be maintained cabled or otherwise blocked to prohibit unpermitted access/ dumping. The motion was seconded by C. Patten and carried. (6-0) PLAN SUBMISSION MEETING AND PUBLIC HEARING TERRA FIRMA REAL ESTATE: Request for a one year extension (11/22/16) for a conditional subdivision approval to subdivide 5 lots into 36 building lots and open space. Property is located on Upper Parish Settlement Drive, Tax Lots , , , & in the R Zone. PB # 1715P The chairman explained that in order to provide timely notice, provide opportunities for input and

3 BELMONT PLANNING BOARD 3 SEPTEMBER 28, 2015 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. J. Pike moved that the proposal does not have a potential regional impact. The motion was seconded by W. Peterson and carried. (6-0) BOARD'S ACTION TERRA FIRMA REAL ESTATE: S. Paquin moved that the application be 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 12/2/15 subject to extension or waiver. The motion was seconded by M. LeClair and carried. (6-0) Mr. Bernie Temple presented the application. Mr. Temple explained that they received a 36 lot subdivision approval in Due to the economy they are asking for a one year extension. The chairman opened the public hearing and asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing. 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. All remaining processes shall be regulated under the current version of the Belmont Subdivision Regulations 6/24/ Approval is subject to expiration, revocation and changes in the Ordinances. All original conditions apply except as amended by previous extensions and herein. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 11/22/16. The buildout schedule is as previously approved. The Board is not required to grant additional extensions. Notice to the applicant and/or a public hearing are not required for the Board to determine that a conditional approval has expired.

4 BELMONT PLANNING BOARD 4 SEPTEMBER 28, 2015 Reapplication in the case of an expired conditional approval requires a new application meeting all applicable Regulations. 3. Compliance hearing shall be held by Board as necessary. 4. No changes shall be made to the approved plans unless application is made in writing to the Town. PLAN SUBMISSION MEETING AND PUBLIC HEARING WINNISQUAM MARINE INC.: Request for site plan approval to grade and construct a boat & trailer storage lot. Property is located on Paquette Drive, Tax Lot in the C Zone. PB # 1815P. The chairman explained that 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. W. Peterson moved that the proposal does not have a potential regional impact. BOARD'S ACTION WINNISQUAM MARINE INC: W. Peterson moved to grant the following waivers: a. Landscape/Screening Plan - it is shown on the plan. b. Quality Assurance Plan - no storage of regulated materials or work conducted on site. c. Soils Map & Report no permanent development proposed and plan shows all details necessary for stormwater management. d. Utilities & Fire Protection only if fire department emergency lanes are used e. Aquifer Plan no permanent development or storage of regulated materials. f. Stormwater management plan and report sufficient info has been provided for the appropriate stormwater facilities. The motion was seconded by M. LeClair and carried. (6-0) J. Pike moved that the application be 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 in a timely manner to complete review and act on the application. The Board shall act on this proposal by 12/2/15 subject to extension or waiver.

5 BELMONT PLANNING BOARD 5 SEPTEMBER 28, 2015 The motion was seconded by C. Patten and carried. (6-0) Mr. Ed Crawford presented the application. Mr. Crawford stated the lot is at the end of Paquette Drive. It is an open field with steep slopes to Rte 3. The proposal is for boat parking and storage. Using the plan he showed the parking and storage summer and winter configurations. The winter storage will be from September to April. There is a retention pond that will be dry most of the time. They have another retention pond on their lot off Dupont Road and it works well. There will be no work on site, no fork trucks or electricity. The chairman open the public hearing. Mr. Anthony Sak, an abutter, wanted to know about screening and fencing. Mr. Crawford explained that there will be fencing along Mr. Sak's, Mr. Paquette's and Mr. Moretti's properties. No controlled substance will be stored on the property. M. LeClair wanted to know about security lighting since there will be no electricity on site. Mr. Crawford stated they will be using game cameras with night vision. P. Harris wanted to know the width of the aisles between the rows. Mr. Crawford stated that they are between 4'-6' wide. He has talked to the Fire Chief and will be getting him a plan to approve. The road is between 10'-12' wide allowing them enough room to move the snow out of the aisles. There will be no night plowing. J. Pike wanted to know if there is any screening from Rte 3. Mr. Crawford stated that it is hard to see Rte 3 through the trees from the lot because of the slopes. It is harder to see the lot from Rte 3 because you would have to stretch to see up the slopes. C. Daigle wanted to clarify that the shrink wrap used on the boats would be white. Mr. Crawford stated they would be white or clear. Mr. Saks wanted to know how they would be accessing the site. Mr. Crawford stated they will be using Paquette Drive. The road is wide enough even with the fences alongside it. They will respect everyone's property. Mr. Sak wanted to know about snow removal. Currently the Town plows past the his lot. Mr. Crawford stated their snow will stay on their property. Mr. Sak wanted to know how the Town will handle the plowing. Mr. Crawford stated that Mr. Sak would have to talk to the Department of Public Works to find out what they intend to do but he will work with the Town on snow removal. There will be a knox box on the gate if the Town needs to access the site. Mr. Sak stated that Paquette Drive is a dirt road and with more traffic the road will wear down quicker. Mr. Crawford stated that he is responsible for any damage he causes to the road. Mr. Sak stated he has no concerns with the weekday traffic but is concerned about the extra boat traffic on the weekends. Mr. Crawford stated it is busier during the summer but there will be little traffic from November to March. Mr. Sak wanted to know the hours of operation. Mr. Crawford stated they will

6 BELMONT PLANNING BOARD 6 SEPTEMBER 28, 2015 be 7am to 7pm but most of his employees leave at 5pm. The site will not be opened to the public only his employees will be parking the boats. Snow removal will be kept up. The 6 red/brown stockade fence will also help with any noise or disturbance from the additional traffic. Mr. David Elliot wanted to confirm that the access road toward Winnisquam Way will not be used. Mr. Crawford stated that it will be stabilized and blocked off with boulders. The grade is too steep to use and part of the retention pond is in the road. M. LeClair explained that a condition of his approval will be "Applicant responsible for any damage occurring to the private or public roads. The old trail up from Winnisquam Way is to be stabilized and boulders are to be placed on property to block access from Winnisquam Way." Mr. James Paquette stated he is representing his father who is an abutter and he has no problems with this proposal. J. Pike stated that Paquette Drive is a private road and he wanted to know why the Town is plowing it. R. Ball stated it is a private road and in 1958 the Town voted to accept it if the Town received the proper deeds which they did not. J. Pike stated that a few years ago the Board of Selectmen (BOS) was informed by the State they could not plow private roads or they would lose their funding. C. Daigle stated that prior to that the former BOS and Town Administrator allowed the Town to plow this road. The BOS is the governing Board for roads and agreed to continue to plow Paquette Road. Plowing is a BOS issue and any concerns need to be addressed by the selectmen. J. Pike stated that the reason the Town is plowing Paquette Drive needs to be clarified by the BOS but does not affect this application. Staff will provide them with information. The chairman asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing. 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 (precedent) 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 9/1/ Submit final plans (6 paper, 1 reduced). Submit one copy for approval prior to submitting all required copies. Add/identify/include note on plan: a. Paquette Drive is a private road. b. Redesign winter parking to provide emergency lanes to Fire Department's approval. Submit design to Chief for approval. c. ID Winnisquam Way. d. Applicant responsible for any damage occurring to private or public roads. e. The old trail up from Winnisquam Way is to be stabilized and boulders are to be

7 BELMONT PLANNING BOARD 7 SEPTEMBER 28, 2015 placed on property to block access from Winnisquam Way. 3. Permits required demolition permit for shed removal. 4. Payment of decision recording fee. Check made payable to BCRD for $ No occupancy or use of the site until all improvements have been determined completed by the Town. 6. Applicant shall sign and follow Town s Inspection Schedule. 7. Conditions precedent shall be completed no later than 9/28/16. Active and Substantial development of the approved improvements shall occur no later than 9/28/17 and improvements shall be substantially completed by 9/28/20 or shall be in accordance with the approved buildout schedule. 8. Compliance hearing shall be held by Board as necessary. APPLICANT SHALL TAKE SPECIAL NOTICE: NO USE/WORK MAY COMMENCE UNTIL ALL PRE-CONDITIONS ABOVE HAVE BEEN SATISFIED. CONTACT THE LAND USE OFFICE WITH ANY QUESTIONS. COMMENCING WORK OR USE PRIOR TO TOWN AUTHORIZATION SUBJECTS THIS APPROVAL TO REVOCATION, AND OTHER ENFORCEMENT ACTION AND DAILY FINES. 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): 9. Construction shall be monitored and certified by a consultant appointed by the Board at the applicant's expense if any. 10. All disturbance of the site to conform to Best Management Practices for the eradication and disposal of invasive vegetative species. See Best Management Practices for Roadside Invasive Plants, NH DOT and New Hampshire Guide to Upland Invasive Species, NH Department of Agriculture, Markets and Food, Plant Industry Division. Monitor disturbed areas for a minimum of 2 years after project completion for reoccurrence of growth. 11. Construction schedule should be developed to avoid activity during spring road-posting season. 12. Obtain successful milestone observations from Land Use Staff as listed on Land Use Inspection form and additionally and separately all required inspections by other applicable inspectors. General conditions to be complied with subsequent to plan being signed and decision recorded: 13. Approved uses include: Boat and boat trailer storage. No storage racks or fork trucks. 14. Successful annual aquifer inspections required. 15. The property owner shall be responsible to inspect, maintain and make immediate repairs to stormwater management features to assure they function in the manner intended and protect water quality. 16. All representations made by the applicant during the public hearing are incorporated as a condition of this approval. 17. Screening shall be maintained, shall be kept in a sightly manner and not allowed to

8 BELMONT PLANNING BOARD 8 SEPTEMBER 28, 2015 deteriorate. 18. No changes shall be made to the approved plans unless application is made in writing to the Town. 19. The Planning Board shall have the power to modify or amend its approval upon its own motion to do so. 20. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 9/28/16 unless all conditions are met or an extension is applied for and granted in accordance with the Regulations. 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. 21. Where there is a conflict within the information submitted by the applicant, the town shall determine the correct information to be applied. 22. Operational conditions of the Town and other agencies shall be met. PLAN SUBMISSION MEETING AND PUBLIC HEARING PARENT SAND & GRAVEL INC.: Request for earth excavation and site plan approval to relocate access and create access and scale-house to service excavation, and reclaim existing excavation. Property is located on Wareing Road, Tax Lot in the R Zone. PB #1915P. C. Daigle explained that the applicant has asked to have their application tabled until the October 26, 2015 meeting. BOARD'S ACTION PARENT SAND & GRAVEL INC: J. Pike moved at the applicant's request to table the application to 7pm October 26, OTHER BUSINESS: BOARD'S ACTION-MINUTES: On a motion by C. Patten, seconded by S. Paquin, it was voted to approve the minutes of the August 24, 2015 meeting as submitted. (6-0) STAFF REPORT: BUDGET C. Daigle explained that the BOS determine salaries and this year they are anticipating a 3% increase. She is adding $330 to the operating budget and increasing the Land Use Clerk hours from 5 hours to 7 hours a week for a total increase of $1865. The total budget increase is 2.94%.

9 BELMONT PLANNING BOARD 9 SEPTEMBER 28, 2015 P. Harris moved to accept the budget as proposed. The Board will review C. Daigle's 2 year contract renewal at the next meeting. CAPITAL IMPROVEMENT PROGRAM (CIP): The Board reviewed the proposed CIP and agreed to hold a worksession and invite the Department Heads to explain their request. The worksession is scheduled for October 7, 2015 at 7pm. CHRIS CLEVELAND TAX LOT : C. Daigle explained that Mr. Cleveland has not met the conditions of his site plan approval but is continuing to operate the business. She has called him and sent him a memo reminding him of the outstanding conditions of his approval; Notice of Decision fee, installing a dumpster and a Certificate of Occupancy. Mr. Cleveland has not responded to her. J. Pike stated, as a Board of Selectmen, Mr. Cleveland should be shut down. Businesses have to meet all the conditions of their approval or be shut down. If one business has to meet them then all businesses have to. The Board discussed having Code Enforcement visit Mr. Cleveland and give him a second chance to comply with the conditions within a time certain or be shut down. S. Paquin, Code Enforcement Officer agreed to stop by and remind Mr. Cleveland that he needs to comply with the conditions of approval or be shut down. BELMONT PENQUIN REAL ESTATE HOLDINGS LLC TAX LOT : C. Daigle wanted to clarify the Board's discussion about Penguin's drainage. The discussion was recorded in the minutes but taken out of context can be misleading. The drainage plan is clear. The stormwater that ran off site in the past will continue to run off site with one exception. The south end of the property around the new pumps will now be captured in the new drainage structures that will be adjacent to the new pumps. This will reduce the amount of water that currently leaves the site. The Board stated that was exactly their discussion during the public hearing. The Penquin site acts as a buffer to the Condodemetraky property from Rte 106 runoff.. ADJOURNMENT: On a motion by C. Patten, seconded by S. Paquin, it was voted unanimously to adjourn at 8:08p.m. (6-0) Respectfully submitted, Elaine M Murphy Administrative Assistant