TOWN OF HOLDERNESS
PLANNING BOARD
MEETING MINUTES
HOLDERNESS TOWN OFFICE
HOLDERNESS, NH
November 15, 2007
CALL TO ORDER: Chairman Hansen called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Mr. Hansen, Ms. Francesco, Mrs. Peoples, Mr. Huntoon, Ms. Scothorne, and Mr. Snelling (arriving at 7:10 p.m.)
OTHERS PRESENT: Mr. March, Chris Devine - SLA, Kevin French - Mark Moser-Moser Engineering, Audra Klumb-A&D Klumb Environmental, LLC, Attorney Paul Fitzgerald-Fitzgerald & Nichols Professional Association, Paula & Rollin Reynolds, David Martin-abutter, David Moore, Attorney Susan Manchester, Dustin Sheldon, William Holland, Kent Bruce, Jim Russell, Ken Groves, Erica Anderson, and other members of the community.
PREVIOUS
MINUTES It was moved by Mr. Huntoon and seconded by Mrs. Scothorne to approve the minutes of October 18, 2007 as amended. Vote was unanimous. Motion passed.
The name of Mr. Martin shall be corrected to be Mr. Martin.
OTHER BUSINESS
PUBLIC HEARING -
JANE, CAMPBELL & EILEEN
LOVETT
BLA - MAP 250 LOTS 016 & 017
Chairman Hansen opened the public hearing at 7:06 pm
Mr. March presented an application for a boundary line adjustment for map 250 lots 016 & 017 advising that the adjustment is for the purpose of correcting a boundary line issue between the two owners. The existing cabin and the tennis courts will be in compliance with the current zoning ordinance if this adjustment is allowed.
Mr. Hansen advised that map 250 lot 016 is going from 4.9 acres to 5.1 acres and map 250 lot 017 is going from 5.7 to 5.5 acres.
With there being no further comments or questions from the public or the Board, Mr. Hansen moved and Mr. Huntoon supported close this public hearing at 7:11 and to accept the application as complete. Vote was unanimous. Motion passed.
Chairman Hansen moved and Ms. Francesco supported to approve the application for the lot line adjustment for map 250 lots 016 and 017 as presented. Vote was unanimous. Motion passed.
PUBLIC HEARING -
SALLY WEBSTER
MAP 204 LOT 007
Chairman Hansen moved to open the public hearing at 7:12 pm.
Mr. Devine advised that this is a subdivision of 1.3 acres off an existing 16.6 acre parcel along Route 113. Included in this subdivision is a 40 foot right of way that is granted to UNH that goes to the summit of Rattlesnake Mountain. The purpose of this subdivision would be to create a parking area next to the trailhead for Rattlesnake Mountain that has created a hazard along Route 113.
Mr. Devine showed the conceptual plan for the parking area. The deed will indicate that no commercial or residential property will be allowed to be built within the parking area with the exception of a kiosk for mapping and restrooms. Mr. Devine advised a letter of support has been received from the Holderness Police Chief and that he has been in contact with the abutters of the property who had comments, questions and concerns. Mr. Devine indicated the abutters are in favor of the project. The parking are will be for 20 - 25 vehicles.
With there being no further comments or questions from the public or the Board, Mr. Hansen moved and Mr. Huntoon supported close this public hearing at 7:17 p.m. and to accept the application as complete. Vote was unanimous. Motion passed.
Chairman Hansen moved and Mrs. Scothorne supported to approve the application for a subdivision for a parking lot as being presented for map 204 lot 007 with the understanding that the lot will be used primarily for trail parking without further site plan review. This approval is subject to a mylar being presented, pins being set and appropriate fees being paid to the Town. Vote was unanimous. Motion passed.
Chairman Hansen discussed the prior subdivision that was approved for this parcel and advised that the subdivision request was rescinded by the property owner after it was approved by the Board. Mr. Devine did not feel that this action would happen again for this parcel.
CONTINUATION OF A SUBDIVISON:
Squam Lakes Recreational
Camp Resort Condominimization
Tax Map 239 Lot 049,
NH Rte 3
At 7:20 p.m. Chairman Hansen reopened the public hearing for Squam Lakeside Farms which was continued from the October 18, 2007 meeting.
Mr. French presented new plans for review for the subdivision of the campground. Mr. French advised unit A is being cut off from the parcel and that it will be approximately 5 acres. This unit will encompass the existing restaurant and other building. A discussion of the 25 foot buffer strip which was not depicted on the prior plan is on the new plan. This will become common area. Calculating has been done and the common area equals 22 acres; that does not include the road. Mr. French advised this will give the applicant 45% of the area as common area where the regulation requires 30%. The parking areas and spaces were shown on the plan and the Board was advised there is one parking space available per site.
The revised plan was placed in the back of the meeting room for all to review and make comments.
Mr. Snelling discussed the precedents of allowing a change of ownership and compared the change to an apartment building. Further, the parallel situation was discussed with a simple change of ownership issue to change from a rented campground to an owned campsite. Mr. Snelling expressed his concern that according to statutory law once a change takes place, the parcel will no longer be considered a campground. Attorney Manchester discussed the difference between an apartment rental, a condo ownership and a campground. Mr. Snelling advised that in 10 years, the property owner could come back before the Board to ask for additional units. Chairman Hansen advised that the Board at the time of any future requests would have to fall make sure that the request falls within
the regulation of the zoning ordinance at the time of the request. Mr. Snelling advised that the use is becoming non-compliant. Chairman Hansen advised the use is not becoming non-compliant as a special exception has already been approved for the current business and turning the campground into a condo development would not change the conformity or the impact of the property. Attorney Manchester advised that the property is still regulated by statute. Chairman Hansen advised the property could be called a condo resort. Mr. Snelling questioned what set of ordinances that this facility would follow in the future? Chairman Hansen advised that the conditions that are placed in the notice of decision are what must be followed in the future with examples of what the conditions may be given.
With there being no further comments or questions from the public or the Board, Mr. Hansen moved and Mr. Huntoon supported close this public hearing at 7:45 pm and accept the application as complete. Vote was unanimous. Motion passed.
Chairman Hansen moved and Mr. Huntoon supported to approve the change of form of ownership proposed for the Squam Lake Recreational Camping Park to a Condo Park, subject to a list of conditions to be drafted by the Chair and Vice-Chair of the Planning Board in consultation with legal counsel. That list to be subject to deliberation and final Board vote at the meeting of December 20, 2007. Vote was unanimous.
Chairman Hansen advised a meeting of the Vice Chair and Chair will get together to discuss the list of conditions when they are received from Town Counsel. Few ideas were given by members of the Board regarding the possible conditions to include - limiting the number of condo units to the current number and requesting that they follow the condo regulations of the Town.
A concerned possible owner wanted the Planning Board to tell him what the current stipulations of the property are at this time. Chairman Hansen advised the potential owner to review the condo declaration being proposed. Questions were asked if the new owners would have to bare the burden of following past decisions made on the property and an expression was made of those decision needing to become public for the new landowners was made. Chairman Hansen advised it is up to the new property owners typically, prior to purchasing a piece of property to know what the restrictions are on the property before they purchase the land. The Town should not advise any buyer of restrictions on a piece of property.
Subdivision:
Paula & Rollin Reynolds,
Tax Map 221 Lot 006,
Perch Pond Road
"Snowy Owl Woods" At 7:55 pm Chairman Hansen reopened the public hearing for the Snowy Owl Woods subdivision proposal.
Mr. Snelling discussed the 200 foot buffer along the brook which makes some of the lots unusable for construction. Ms. Francesco advised that the area of this buffer does count as part of the total acreage. Chairman Hansen advised there is not enough space to place a house on the lots that are near the buffer.
Chairman Hansen moved and Mrs. Peoples supported to DENY the subdivision request for a 7 lot subdivision entitled "Snowy Owl Woods", map 221 lot 007 for the following reasons which may not be all inclusive:
1. Lot 6 is unsuitable as it does not meet Subdivision Regulations 6.5. The property owner can not get a suitable building site without constructing a driveway over slopes that are greater than 25%.
2. Lot 7 has the same unsuitable land and driveway issue as item #1 as well as having the test pits shown in an area that is over 25% and is unsuitable for development according to Subdivision Regulation 6.5
3. Lot 2 has not been shown to be a buildable lot as two test pits are in unsuitable areas of land over 25% slope according to subdivision regulation 6.5 and the required 200 foot channel buffer for Owl Brook, in addition to the wetlands, and steep slopes do not leave enough room for construction and setbacks of well, septic system, and a house. Further, this lot does not meet the requirements for lot area to be "naturally contiguous" as required by subdivision regulation 6.7H.
4. Article IV, General Provisions, section K, Wetlands Inventory, of the Holderness Zoning Ordinance, although not binding on the Planning Board, would seem prudent to be considered by the Planning Board. It would be poor planning for the Board not to take notice of the denial requested by the Conservation Commission. The projects would probably be resubmitted to the Selectmen in the future should this application be approved.
Public comment was made that on of the unusable land, the ordinance does give the planning board authority to make the determination of the land.
Chairman Hansen advised the applicant needs to consider the buffer that eliminates land and does not provide enough land for building purposes. There are so many restraints on the property with the 200 ft buffer that the planning board can not consider this application with the wetlands and the steep slopes as it is being presented.
Chairman Hansen advised an erosion control plan will be reviewed individually when a building application is submitted by the property owners.
Mr. Snelling inquired about the status of the appeal to the Wetland's Commission by the Conservation Commission. Chairman Hansen advised he has not received any response from the commission on the appeal that was submitted. Attorney Fitzgerald advised he attended the last Conservation Commission meeting and Chairman Spencer had advised no response had been received from the Wetland's Commission.
Attorney Fitzgerald requested the Board allow the applicant and Mr. March to review the concerned expressed by the Chairman in his motion without denying the application and forcing the applicant to go back to square one. This will give the applicant an opportunity to do his own calculations and appear at the December 2007 meeting with answers to the concerns of the Planning Board. Attorney Fitzgerald requested the Board vote no on this particular motion.
Chairman Hansen advised the Board has looked at the material presented for a considerable amount of time and has asked for and has been given documentation. Extensive public input has been given for the Board to consider. The Town has an ordinance to follow and advised that it was not difficult to follow that if the ordinance states 25% on steep slopes it must be followed. This project is not just steep slopes or wetlands issues.
Mr. Snelling asked for a point of clarification and questioned if the property owner could come back to the Planning Board with a new application if this application was denied? Chairman Hansen advised they could come back with a revised application that would address the issues which are being shown as reasons for denial.
Chairman Hansen advised the conditions of the ordinance need to be met. Ms. Francesco expressed a concern of not continuing the application and the fact that the applicant has already come into the Board twice with a request for subdivision and it appears that the applicant will have to only adjust lines to come into compliance. Chairman Hansen advised it is not fair that the Planning Board has to keep requesting additional information when the application should be complete when presented.
Chairman Hansen, Mrs. Peoples, Mr. Snelling and Mrs. Scothorne voted in favor of the motion while Ms. Francesco and Mr. Huntoon voted against the motion.
Majority vote, motion passed 4 Yes, 2 No.
Mr. Snelling advised that if the applicant was to come back for a subdivision, they must follow the rules that are present at the time of the reapplication. Chairman Hansen agreed with Mr. Snelling.
Chairman Hansen closed the public hearing of Snowy Owl Woods request for subdivision at 8:16 pm.
Chairman Hansen and Mr. Huntoon discussed the steep slopes and the buffer requirements of the subdivision request for Snowy Owl Woods. Mr. Snelling advised the buildable area is limited. Chairman Hansen advised building cannot take place in the wetland areas. Chairman Hansen advised the buildable land must be contiguous. Mr. Snelling advised the problem that the planning board has faced is the many different maps that were presented. Chairman Hansen further explained his motion for members of the Board and explained the time he spent on reviewing the plans.
Mr. Huntoon discussed his personal property and home that sits on a very steep slope.
OTHER BUSINESS
Chairman Hansen updated the Board on an interview of a potential planner that has taken place and that the person has accepted the position. The applicant will start in two weeks.
ADJOURNMENT At 8:43 p.m., there being no further business to come before the Board, it was moved by Chairman Hansen, seconded by Mr. Huntoon that the meeting be adjourned. Vote was unanimous.
Respectfully submitted
From the meeting recording,
Anne M. Abear
Municipal Secretary
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