Town of Plymouth

Planning Board Public Hearing

Plymouth Town Hall

Plymouth, NH 03264

May 18, 2017

FINAL

MEMBERS PRESENT: Steve Rhodes (Chair), Rebecca Hanson (Vice Chair), Eugene Thurston Chris Buckley (Conservation Commission Rep.), Bill Bolton (Selectman Rep.), Steve Whitman (Alternate)

OTHERS PRESENT: Brian Murphy, Land Use & Planning Director

ABSENT/EXCUSED: None

CALL TO ORDER AND ROLL CALL:

  • Steve Rhodes called the meeting to order at 6:30 PM. Roll call of members was completed. The Board congratulated Rebecca Hanson on the completion of her master’s degree.
  • Bill Bolton discussed new changes that will directly affect the Planning Board. He noted that Sharon Penney no longer works for the Town of Plymouth. He stated that the office has been reorganized and combined positions. Brian Murphy will be assuming the jobs of both offices and his new title is Land Use and Planning Director. This was a cost saving measure to the Town. They are trying to keep taxes down, however, still trying to maintain services to the public.

GENERAL PUBLIC COMMENTS: None

ADMINISTRATIVE MATTERS:

  1. CONTINUED TO A DATE CERTAIN—One Lot Subdivision on PID 207-001 on Fairgrounds Road.Katharina M. Kelsey, Trustee, Trustees of the Undercliff Farm Trust and Denis L. Girand & Florence L. Leduc as owners of the property represented by agent Foreco LLC, Rumney NH, propose the subdivision of one 50-acre lot from the parent lot of 249 acres. This parcel lies in the Agricultural Zone.
  • Steve Rhodes noted that the Board received a notice today from Mr. Pribisand would like them to read through the notice before continuing.
  • Jack McCormack asked for a point of order for a procedural question. He noted that at the April hearing public input was cut off and was continued to today. He noted two choices. Render a decision on the information presented or open the public hearing once again to allow public input and additional information to be presented.
  • Steve Rhodes stated that what the Board would like to do tonight is assemble the facts they do have right now. He agrees that the letter was received with very little notice, however, would like the Board to read over it tonight as they are all present. They would also like to report on the site visit and the report from Mr. Hahn on the wetland study. The Board will then decide on how they will proceed.
  • Jack McCormack noted he would like the 30 day allowable period to respond to the letter.
  • Steve Rhodes stated that they will come to that later in the meeting. The Board continued on by reading the letter.
  • Tom Hahn displayed the site walk plans for all to view. He noted the path they walked in regards to the wetland areas. He stated that he did go over this with the wetland scientist. He passed a copy of her letter to the Board members.
  • Steve Rhodes read the letter to the audience. The letter from Deborah Hines, Hines Septic System Design Services stated that driveway K3 would not be a suitable for the construction of a driveway due to the wetland’s impact. Driveway 2 would be a better alternative. The best option would be to grant an easement on the existing road. Driveway number one work as long as it meets the Town of Plymouth road requirements.
  • Chris Buckley asked if they did a species inventory. His concern is threatened species, such as spotted turtles at the Quincy Bog location up the road from this property.
  • Tom Hahn stated the scientist was only speaking to the wetland’s aspect of this area, not the species inventory.
  • Steve Rhodes talked in regards to the site walk. He noted there were about 20 people on the walk up the left side. The land was very wet on the way up the property. The walk back by K2 was much dryer. He believes there are 4 possibilities for the subdivision. They can approve, disprove as it stands now, look at ways to minimize the impact on the wetlands and approve access through the back lot or move three corners of the lot. This would keep the acreage and road frontage the same.
  • Chris Buckley asked what the extent of the Board’s responsibilityis it to protect the wetlands.
  • Steve Rhodes stated it is what the Master Plans states and to minimize the impact on the wetlands. If there is no other choice, wetlands can be mitigated or crossed.
  • Bill Bolton verified that driveway one is not a possibility.
  • Chris Buckley asked if driveway one is part of this project or for a separate project.
  • Tom Hahn noted that this is an existing driveway with an existing DOT driveway permit. They did this to show the bigger picture and the access to the 50 acre lot.
  • Steve Rhodes noted at this time they need to recognize that the memorandum of law was presented at the last moment and the other party needs a chance to respond to this. His opinion is that they should continue this for another month and the parties come up with one of the three solutions and will have time to respond to the memorandum.

Public Hearing Opened:

  • Steve Rhodes opened the public hearing at 6:53pm.
  • Bill Pribis spoke on behalf of Denis Girand & Florence Leduc. His suggestion was to wait until the next meeting on all comments and suggestions once all documentation has been submitted.

Public Hearing Closed:

  • Steve Rhodes closed the public hearing at 6:55pm.
  • Chris Buckley made a motion to move this application to a date certain of June 15, 2017 and request the parties to discuss the 3 options, seconded by Rebecca Hanson. All in favor.
  1. SITE PLAN REVIEW-EXPANSION OF USE PID #230-006, 327 Daniel Webster Highway,owner Alex Ray, Ashland, NH requests site plan approval for the construction of a disassembled barn to be use as an accessory structure for the Italian Farmhouse Restaurant. This structure will house events formerly held in the greenhouse structure on the property. This property lies in the Agricultural Zone.
  • Steve Whitman made a motion to accept the application as complete, seconded by Bill Bolton. All in favor.
  • Kevin French spoke on behalf of Alex Ray for this project. He mentioned to the Board that Ben Downing will be doing a video of the project from start to finish for the historical purposes. Alex Ray, the owner of 327 Daniel Webster Highway would like to place the barn on the property which he purchased from the Town of Canterbury. The barn is now located at one of his properties temporarily. He would like to put this barn on the property and rebuild the barn to use for functions as this would increase capacity by 125 people. He will keep the greenhouse on the property, however, no longer use the greenhouse for functions. Parking would need to be added and specified as function parking. They would be adding power from the existing pole and run the line under the existing parking lot. The will relocate the dumpster and propane tanks. They will be installing a septic system for the new building and re-evaluating the existing septic system at the same time. A treatment swale has been added due to increasing the parking lot. Alex Ray owns this property which is about 12 ½ acres and purchased the MacDonald property about one year ago and this property is about 9 ½ acres.
  • Steve Rhodes asked Kevin could discuss the drainage now and after the new construction and if there are any wetlands in the development area.
  • Kevin French noted they would install a stone swale will be installed to redirect the water and slow it down. He noted they have not had any washouts or issues in the past. There are no wetlands in the development area.
  • Bill Bolton asked if there would be a different access to the Intervale Cemetery as it is very steep.
  • Kevin French stated that they did not discuss a new access point.
  • Alex Ray noted that they are using a cut through from the MacDonald property to bring the building materials over to this property and would probably be a better access point. He noted not many people visit the cemetery, however, in the future would like to eliminate the existing driveway to the cemetery.
  • Bill Bolton stated he would like to see a better access point for the Town to maintain the cemetery.
  • Rebecca Hanson asked about the additional parking spaces. She is concerned because the Zoning Ordinance does not specify parking for this kind of development.
  • Alex Ray noted the ratio is 3-1 so they are only required to have 32 more spaces due to the overage of the restaurant.
  • Steve Rhoded verified there are no changes for the access from route 3.

Public Hearing Opened:

  • Steve Rhodes opened the public hearing at 7:12pm.
  • Frank Miller spoke in favor of the development. He feels this would stay within the allowed use of the Zoning Ordinance and with the neighborhood. This would also stay within the states guidelines for use of historical buildings and fit in well with the current structure.

Public Hearing Closed:

  • Steve Rhodes closed the public hearing at 7:15pm.
  • Steve Whitman made a motion to approve the application as presented, seconded by Bill Bolton. All in favor.
  1. BOUNDARY LINE ADJUSTMENT- David Sanborn , owner PID #214-006 and Sharon J. Fuller Revocable Trust of 2005, owner PID# 214-005request a boundary line adjustment totaling 1.6 acres from PID# 214-005 to PID# 214-006. The parcels are located at the intersection of Route’s 3A and 25 in the Agricultural Zone.
  • Bill Bolton made a motion to accept the application as complete, seconded by Rebecca Hanson. All in favor.
  • Kevin French spoke on behalf of the owners of the properties regarding the boundary line adjustment. He noted that Mr. Sanborn owns the property that the Last Chair is located on. David Sanborn will be acquiring 1.6 acres from the Fuller property. He believes by doing this boundary line adjustment that he would gain more parking spaces.
  • Steve Rhodes asked if the property he acquired prior was part of another subdivision.
  • Kevin French noted the lot was originally a 1 acre lot. The adjustment would be made and would become 1 lot with the same map & lot number.
  • Bill Bolton verified that there will not be and addition or change to the curb cut.
  • Rebecca Hanson asked why this did not come to the Board as a subdivision before the boundary line adjustment.
  • Kevin French noted that they are not making an additional lot or new owner.
  • Steve Whitman did not have a question, just a statement. He feels that the Last Chair has been really successful and this is what the Town is looking for. He believes by doing this adjustment if would better accommodate the business and customers for this property. He feels that the Board is really fortunate that the two property owners have come to an agreement to accommodate the business needs.
  • Bill Bolton asked what the circle section on the plans is.
  • Dave Sanborn noted this is a really large boulder that will not be moved.
  • Eugene Thurston asked if it will be paved.
  • Dave Sanborn stated it will not be paved.
  • Chris Buckley asked if the whole area would be for parking or other plans.
  • Dave Sanborn noted that the space would not be all parking, maybe a plan will arise for the additional space in the future.

Public Hearing Opened:

  • Steve Rhodes opened the public hearing at 7:24pm.
  • Frank Miller spoke in favor of the original project and is going to continue to speak in favor. He feels it follows the Town’s Zoning Ordinance and would like to see it approved.

Public Hearing Closed:

  • Steve Rhodes closed the public hearing at 7:25pm
  • Eugene Thurston made a motion to approve the application as presented, seconded by Chris Buckley. All in favor.
  1. BOUNDARY LINE ADJUSTMENT- Merelise O’Connor 2013 Trust, owner 243-001 and 230-002. A request for an acreage adjustment between the lots by owner Merelise O’Connor. The properties are located at 2029 and 1031 Texas Hill Rd. in the Agricultural Zone.
  • Rebecca Hanson made a motion to accept the application as complete, seconded by Bill Bolton. All in favor.
  • Kevin French spoke on behalf of Merelise O’Connor. He noted that these lots were divided back in the late 80’s or early 90’s by the Building Trades Trust.The lots are 10.5 acres and 11 acres. She would like to divide the two houses. Her mother’s house on one lot with 1.5 acres and the remaining of roughly 20 acres would be for the lot with her house located on it.
  • Merelise O’Connor noted that back before her, the intent was to provide a wood lot for each parcel. She is not sure why it was done this way, however, would like to co-join the parcel once again.
  • Steve Whitman feels they are correcting the oddly shaped lot for the future of the properties.
  • Bill Bolton asked to explain the Building Trades Trust.
  • Merelise O’Connor explained that back in that time Norm LeBlanc was in charge of the building trades at the school and several houses in Plymouth had been built by the students that took building trades. Her two houses were part of this class. Due to it being part of the school, they needed the real estate part and this is how the trust came about with 3 trustees in charge of the buying piece of the program.
  • Chris Buckley made a motion to approve the application as presented, seconded by Steve Whitman. All in favor.

APPROVAL OF 4/6/17, 4/20/17 & 5/10/17 (site walk) MINUTES:

  • Bill Bolton made a motion to approve the May 10, 2017 site walk minutes as written, seconded by Chris Buckley. All in favor.
  • Rebecca Hanson made a motion to approve the April 20, 2017 minutes as amended, seconded by Bill Bolton. All in favor.
  • Steve Whitman made a motion to approve the April 6, 2017 minute as amended, seconded by Chris Buckly. All in favor.

NEW BUSINESS:

None

PUBLIC COMMENTS:

None

UNFINISHED AND OTHER BUSINESS:

  • Eugene Thurston asked questions regarding Debra Hines letter. It seems that the wetlands bureau would not approve the driveway.
  • Bill Bolton noted that is her conjecture.
  • Steve Rhodes noted they made approve it with an alternative, not the original location.
  • Brian Murphy discussed the conditional use permit with the Board members. He is still new at all of this and needs to make sure he is completing the process correctly.
  • Steve Whitman noted that he feels this is a good tool for the applicant and will avoid the back and forth with ZBA. He likes that it will stay at the Planning Board.

ADJOURNMENT:

  • Chris Buckley made a motion to adjourn, seconded by Steve Whitman. All in favor. Meeting adjourned at 7:47pm

PLEASE NOTE:

The public is invited to attend all meetings of the Planning Board. During official public hearings, the public is welcome to speak. For other items the public may speak at the discretion of the chair/board. Files on the applications and items above are available for inspection in the Planning Department in Town Hall, from 8:00 a.m. to 4:30 p.m., Monday through Friday. These applications and items are subject to change prior to final action. Contact the Planning Department if you have questions or comments about these or any related matters or if you have a disability requiring special provisions for your participation at 536-1731 or you can e-mail the Land Use & Planning Director, Brian Murphy at: .

Respectfully Submitted,

Lisa Vincent

Plymouth Planning Board

May 18, 2017