PLANNING BOARD BELMONT, NH

Transcription

1 PLANNING BOARD BELMONT, NH Monday, September 24, 2018 Belmont Corner Meeting House Belmont, New Hampshire Members Present: Members Absent: Staff: Chairman Peter Harris; Vice Chairman Ward Peterson; Members Michael LeClair, Kevin Sturgeon and Gary Grant. Jon Pike Ex-Officio and Rick Segalini Jr. Candace Daigle, Rick Ball and Elaine Murphy. The chairman opened the meeting at 6 p.m. PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM (CIP) P. Harris opened the Public Hearing and stated that the CIP has been working well to help the town budget for large projects and save the town money. C. Daigle explained that there have been no changes to the CIP since the Board discussed it at the August 22, 2018 meeting. M. LeClair moved to adopt the CIP funding schedules dated 8/22/18. The motion was seconded by W. Peterson and carried. (5-0) PUBLIC HEARING RICHARD W. DUBOIS: Continuation of a request for site plan approval and a conditional use permit for lot coverage to construct one 9,900sf five-unit structure with associated lot development for lease to individual commercial/industrial tenants for uses allowed in the Industrial Zone. Property is located on Depot Street, Tax Lot in the I Zone. PB # 1718P. Mr. Richard Dubois and Mr. Garret Dubois presented the application. P. Harris explained that the application was Tabled from the August meeting to accommodate the consultant. At that meeting waivers were granted for a new survey and soils map and report and wetland stamp. The application was accepted as complete and was voted that it did not have a regional impact. The chairman opened public hearing.

2 Belmont Planning Board 2 September 24, 2018 K. Sturgeon stated that at the last meeting he noted there is an error in the proposed septic elevation and wanted the applicant aware of it. Mr. R. Dubois stated they haven t submitted the plan to the State. P. Harris wanted to know about the snowmobile use on the property. Mr. G. Dubois stated the trail has been left open since they owned the property and they have no intention of closing it as long as it does not interfere with what they are doing. W. Peterson wanted to know the hours of operation. Mr. G. Dubois stated 6:30 am to 5:30 pm during construction. He stated that they want to add another building in the future but they will not be adding another floor. C. Daigle wanted to know if they would be using the building for any vehicle maintenance. Mr. G. Dubois stated that they farm their vehicle maintenance out, they do not do their own maintenance. C. Daigle stated that the plan hasn t indicated any use for the lower level gravel pit. Mr. G. Dubois stated that when they build and rent out all the units then they may go into that elevation but that is not part of this phase. At this time one building is all they are doing. K. Sturgeon wanted to know if they plan on tying into sewer. Mr. G. Dubois stated that he doesn t have an easement to go across Superior Fence property. They have multiple leach fields that will be sufficient to handle the businesses. C. Daigle stated that they did have the option to hook into the sewer down the road but he opted out. W. Peterson wanted to know the business hours of the tenants. Mr. G. Dubois stated the plan is to rent to electricians and or plumbers. He wanted to know what the hours of operation are for the industrial zone as some businesses in the area run 24 hours and he falls under the same categories. C. Daigle explained that those business were established prior to zoning. Mr. G. Dubois stated the normal hours of operation will be 5am to 7 pm. The chairman asked if anyone in the audience had any questions or comments. There being none, he closed the public hearing. BOARD'S ACTION RICHARD W. DUBOIS: W. Peterson moved that the application for Site Plan Approval as well as a Conditional Use Permit 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 set dated 7/2/18/Submission date 8/6/ Submit final plans (6 paper, 1 reduced). Submit one copy for approval prior to submitting all required copies. Add/identify/include note on plan:

3 Belmont Planning Board 3 September 24, 2018 a. Sheet 1 1. Compliant aquifer inspections required. All performance standards of the Ordinance shall be met. Each occupancy requires a Quality Assurance Plan. 2. Every occupancy shall comply with all required best management practices. 3. Each occupancy requires compliant parking calculation. 4. Existing well is to be abandoned in accordance with DES guidelines. 5. No floor drains permitted. 6. Exterior washing of vehicles is restricted under NH DES Wastewater Discharge Rules. 7. No on-site fuel storage. On site fueling and fueling pad use is limited to property owner and off-road construction equipment. All fuel dispensing shall occur by trained authorized personnel from an approved mobile tank over the designated fueling pad. Breakaway hoses shall be utilized. 8. Any on-site site maintenance of vehicles or equipment is restricted to inside a unit or on the fueling pad 9. Hours of operation during construction shall be 6:30 am to 5:30 pm. 10. Extent of normal business hours shall be 5:00 am to 7:00 pm. 11. USPS approved box/location. 12. Locate/set/show easterly front pin. 13. Snow storage areas. 14. ID all exterior fuel tanks or mechanical equipment including roof-mounted with screening. 15. ID edge of pavement line wetland setback for parking. 17. All parking, storage, activity to remain within buildings and on pavement. No storage or parking elsewhere on the property. All vehicles and equipment shall be work/road worthy. No junk or salvage vehicles or vehicle parts. Parking restricted to on site permitted uses. 18. ID lot as also within the Tilton/Northfield and Tioga well head protection areas. 19. ID distance from proposed building and septic to municipal sewer. 20. Dumpster on impervious pad. b. Sheet 3 1. Tree planting detail to show mulch is not piled against trunk. 2. Existing Trees to Remain and Lawn Area notes to be relocated as needed. c. Sheet 4 1. ID graphic at discharge end of pipe in settling basin. d. Sheet 6 1. Confirm actual silt fence detail to be used. e. Sheet 7 1. Detail for level spreader. 2. Detail of fueling pad/spill kits. 3. Payment of decision recording fee for Notice of Decision Belknap Country Registry of Deeds - $20.50.

4 Belmont Planning Board 4 September 24, Evidence of other agency permits obtained. a. NH DOT Driveway b. Eversource JUA 5. Site Quality Assurance Plan must be submitted to the Town for review and approval. 6. Conditions precedent will be met no later than 9/24/19. Active and substantial development of the improvements to be completed no later than 9/24/20. Construction to be substantially complete no later than 9/24/23. (674:39) 7. Applicant shall submit one copy of signed Inspection 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. Follow Town s inspection schedule. Obtain successful milestone observations from Land Use Staff as listed on Land Use Inspection form and additionally and separately all required inspections by the Building Official, Fire Department NH DES and DOT. 10. Construction shall be monitored and certified by a consultant appointed by the Board at the applicant's expense if any. 11. All improvements to be completed or secured (as allowed by the Town) prior to any occupancy of the site. 12. Dumpster sized appropriately to contain all refuse, placed on an impervious surface, screened all sides. 13. 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. 14. Landscaping to conform to requirements of Ordinance including Selecting Trees for Urban Landscape Ecosystems and New Hampshire s Native Trees, Shrubs, and Vines with Wildlife Value 15. Submission of single-story building plans, approved by Building Inspector & Fire Department prior to plan signing. Shall comply with all applicable building, fire, health, and life safety codes. All system designs required by the Fire Department shall be submitted under stamp of the appropriate professional. FD/PD Knox lock on gate/building. 16. Property owner shall install all required traffic control and fire and life safety facilities and systems required by the Board and/or by other applicable Codes and Regulations. 17. Record (as-built) drawing required for all required improvements (Construction Manual). 18. Evidence of other agency permits obtained and conditions achieved. DES Septic & water. General conditions to be complied with subsequent to plan being signed and decision recorded:

5 Belmont Planning Board 5 September 24, Approved uses include: Those uses permitted in the Industrial Zone at the time of subsequent applications. 20. Annual compliant aquifer inspections are required for the site and each occupancy. 21. Each proposed occupant shall make application to the Town for occupancy. 22. Each tenant will also be required to submit a unit quality assurance plan. 23. A Spill Control and Response Plan is required for a combined amount of 100 gal or 800 lb of potential contaminants. 24. Any proposed use shall obtain all related State and local permits. 25. Dumpster lids kept closed at all times except during active use to minimize loss of refuse. Gates kept closed at all times except during pickup. The dumpster serves industrial uses and is located on the aquifer and immediately adjacent to the detention pond. Owner is responsible to make weekly checks of area under and adjacent to the dumpster for any signs of leakage and to take immediate steps to capture any released substances. 26. 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. 27. All representations made by the applicant during the public hearing are incorporated as a condition of this approval. 28. Monitor disturbed areas for a minimum of 2 years after project completion for re/occurrence of invasive species growth. 29. Landscaping shall be maintained, shall be kept in a sightly manner and not allowed to deteriorate. 30. All exterior lighting shall be downcast and shielded from abutters and traffic. 31. Permits must be obtained for all signage, and signs for inactive, closed or abandoned uses shall be removed within 30 days. 32. No changes shall be made to the approved plans unless application is made in writing to the Town. 33. The Planning Board shall have the power to modify or amend its approval upon its own motion to do so. 34. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 9/24/19 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. 35. Where there is a conflict within the information submitted by the applicant, the town shall determine the correct information to be applied. 36. Operational conditions of the Town and other agencies shall be met. The motion was seconded by M. LeClair and carried. (5-0) PLAN SUBMISSION MEETING AND PUBLIC HEARING BARTLETT 2014 FAMILY TRUST: Request for Boundary Line Adjustment approval to transfer 1,990sf from tax lot to tax lot Property is located at Rogers Road and 124 Rogers Road, in the R Zone. PB # 2218P

6 Belmont Planning Board 6 September 24, 2018 Mr. Bryan Bailey and Mr. & Mrs. Arthur Bartlett were present for this application. Mr. Bailey stated the boundary line adjustment is between two existing lots of records. The Bartletts purchased both properties one has a house, well and driveway on it and the other is vacant. They want to put a garage on the northeastern side of 124 Rogers Road. The boundary line adjustment would allow them to meet the setbacks. Mr. Bailey stated they are requesting one waiver for redoing the topo and soils because they are existing lots of records. They did the topo and soils a few years ago when they did the subdivision. This is a small boundary line adjustment with the lots being more than 3 acres and they will be almost equal in size when the adjustments are complete. Mr. Bailey addressed staff concern about a partially constructed driveway and the need to have a permit. The driveway for lot is existing but it is overgrown and the applicant will not be using it. He asked the Bartletts if they would have any objections to getting a driveway permit. They agreed that it was not an issue. C. Daigle stated if they are not using the overgrown driveway then they do not need a permit. BOARD'S ACTION BARTLETT 2014 FAMILY TRUST: W. Peterson moved to grant the following waiver: Soils & Topography as the lots are both conforming and no new lot is being created. The motion was seconded by G. Grant and carried. (4-0-1) K. Sturgeon abstained. M. LeClair 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 11/28/18 subject to extension or waiver. The motion was seconded by K. Sturgeon and carried. (5-0) The chairman stated the following definition will be used to determine if the applications before the Board tonight have a regional impact. He 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. M. LeClair moved that the proposal does not have a potential regional impact. The motion was seconded by W. Peterson and carried. (5-0)

7 Belmont Planning Board 7 September 24, 2018 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. K. Sturgeon 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 8/10/ Submit final plans (2 mylar, 5 paper, 1 reduced). Submit one copy for approval prior to submitting all required copies. Add/identify/include note on plan: a. All pins/bounds to be set and so certified on final plan. 3. Payment of decision recording fees. In addition to the cost for recording a plat a Notice of Decision is required for all approvals. 4. Conditions precedent shall be completed no later than 9/24/ Compliance hearing shall be held by Board as necessary. General conditions to be complied with subsequent to plan being signed and decision recorded: 6. Approved uses include uses permitted in the Rural Zone. 7. If street-side mail delivery is used, the mail box & location shall conform to USPS guidelines. 8. All representations made by the applicant during the public hearing are incorporated as a condition of this approval. 9. No changes shall be made to the approved plans unless application is made in writing to the Town. 10. Approval is subject to expiration, revocation and changes in the Ordinances. This conditional approval shall expire on 9/24/19 unless all conditions are met or an extension is applied for and granted in accordance with the Regulations. 11. Where there is a conflict within the information submitted by the applicant, the town shall determine the correct information to be applied. The motion was seconded by M. LeClair and carried. (5-0) PLAN SUBMISSION MEETING AND PUBLIC HEARING PARENT SAND AND GRAVEL, LLC: Request for Earth Excavation 5-year compliance hearing (Zoning Use-Activity related to the removal of sand, gravel, loam or stone for commercial purposes). Property is located thru 98 Wareing Road, Tax Lots , , , and (original Shaker Road pit) in the R & V Zones. PB # 2318P. BOARD'S ACTION PARENT SAND AND GRAVEL, LLC:

8 Belmont Planning Board 8 September 24, 2018 W. Peterson 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 11/28/18 subject to extension or waiver. The motion was seconded by G. Grant and carried. (5-0) Mr. Jon Rokeh presented the application. Mr. Rokeh explained that in the last 5 years they have added the Wareing Road entrance to get the traffic off Main Street. They are moving the entrance on Shaker Road so that all traffic from the pit is going to Wareing Road. All other entrances are gated off. The excavation has been centered on getting the new entrance done. They are closing off more areas in the next few years. There is still 3.7 million cubic yards in the pits. Both entrances need to be completed by June 1, 2019 and they will put up a $25,000 bond to assure that it happens. M. LeClair wanted to know if they have to release the $20,000 bond for road security. C. Daigle explained that Shaker Road is no longer used as a haul route so they can release the bond. The bond was for any road damage to Shaker Road. Mr. Rokeh stated they are here tonight to commit to finish up the entrance to Shaker Road by June 1 st and Mr. Adam Towne is offering a $25,000 bond to secure that date. Staff didn t ask for it. The reason he is doing it is he is making a real effort on his part to get it done on time. C. Daigle stated this is a performance bond. Mr. Rokeh stated that they are talking about merging all the lots together in the future all become Parent Sand & Gravel and have DES compliance hearings on the same schedule P. Harris moved to release the $20,000 bond road security as Shaker Road is no longer used as a haul route. The motion was seconded by G. Grant and carried (5-0) 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. M. LeClair moved that the application be found substantially in compliance with the following items: The application was found to be substantially in compliance with the following items: 1. Conformance with the prior conditions of approval which includes time certain to cure outstanding conditions. 2. Operational impacts of the project conform to the description and commitment offered during the prior review process.

9 Belmont Planning Board 9 September 24, Required security is in place. The $20,000 bond for road damages on Shaker Road shall be terminated. The Board will consider requiring security for possible road damages on Wareing Road at the next review meeting for that site (9/1/21). And 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: 4. All outstanding conditions of prior approvals shall be completed no later than June 1, All existing conditions remain in effect. No amendment was made by this action. 6. Application for the next compliance review hearing shall be submitted to the Board no later than September 1, The motion was seconded by G. Grant and carried. (5-0) OTHER BUSINESS: BOARD'S ACTION-MINUTES: C. Daigle noted that in the minutes posted under the CIP Public Works equipment reserve should be a total of $70,000 not $20,000. The correction was made to the minutes the Board is approving tonight. On a motion by P. Harris, seconded by W. Peterson, it was voted to approve the minutes of the August 27, 2018 meeting as submitted. (5-0) STAFF REPORT: PENSCO TAX LOT : C. Daigle stated that Pensco will be before the Board for a site plan extension next month. JULIE AND LAWRENCE DULAC TAX LOT : C. Daigle explained that she has received a letter from the new owner wishing not to extend their subdivision/site plan approval as the property has been sold. CIP: The Board signed three certified copies of the CIP. BUDGET: C. Daigle explained that the wages are proposed by the Board of Selectmen as a 1.5% step being the same as for all nonunion employees. There is a $2,000 increase from $5,000 to $7,000 in legal and professional items. They did spend money out of this account and anticipate professional consultation will be needed to address concerns about aquifer. Lakes Region Planning Commission dues have increased by $200. W. Peterson moved to adopt the 2019 budget request as presented. The motion was seconded by M. LeClair and carried. (5-0)

10 Belmont Planning Board 10 September 24, 2018 VAULT TAX LOT : C. Daigle updated the Board on the progress of the Vault. The outside inspections have been done. The outstanding item are the paving, the pond and infiltration, curbing, dumpster location and As Built Plans. They can post a $36,000 letter of credit for the outstanding items. The final inspection for the CO is scheduled for Tuesday, September 25 th. The fire and building sprinkler tests failed. The sprinkler company will be performing another test on September 25 fh. At the last inspection the Building Official noted there were racks to store and trickle chargers for batteries. The Board discussed the safety issues and concerns associated with those racks. The Building Official and the Fire Department are working with the applicant to find a solution. C. Daigle noted that the apartment is not occupied at this time. ADJOURNMENT: On a motion by M. LeClair, seconded by W. Peterson, it was voted unanimously to adjourn at 7:15p.m. (5-0) Respectfully submitted, Elaine M Murphy Administrative Assistant