HOLDERNESS PLANNING BOARD
PO BOX 203
HOLDERNESS, NH 03245
Minutes: November 19, 2009
Members Present: Todd Elgin, Peter Francesco, Earl Hansen – Chair, Ron Huntoon, Carl Lehner, and Susan Peoples – Selectmen Liaison
Members not Present: Randy Currier and Bob Snelling
Staff Present: David Lorch – Planner
Others Present: Frank Yerkes, Doug Whitlock, Simon Leeming, Dean Clark, Paul Luscher, Jeff Cripps, David Moore, Tom Murphy, Louie Bellow
Call to Order: Mr. Hansen called the meeting to order at 6:30 P.M.
Roll Call: Mrs. Huff called the roll.
Approval of Minutes: Mr. Hansen requested that the reference to closing the public hearing for Case 2009-10 and Case 2009-13 be shown following Deliberation and Vote. The minutes of 10/15/09 were unanimously approved as amended. Mrs. Peoples noted that the Selectmen had discussed waiving Planning Board fees and requested that the Planning Board not accept applications without accompaniment of appropriate fees. Refunding fees already paid would be handled separately.
Continued Applications: none
New Applications:
Case #2009-14: Lisa P Lovett
Request subdivision for property located at 246 Hawkins Pond Road, Map 255 Lot 9, rural residential zone.
Mr. Francesco recused himself. The public hearing was opened at 6:33 P.M. Mr. Yerkes explained that the existing 15.25 +/- acres is proposed to become one lot of 2.25 acres and one of 13.06 acres. The frontage requirement is met on both East Holderness Road and Hawkins Pond Road. The application has been submitted to the state for subdivision approval. Mr. Yerkes stated that there is a small amount of slopes, but there is more than enough buildable area on both lots.
Mr. Hansen moved, seconded by Mr. Elgin, to accept the application as complete. Motion passed. Mr. Hansen commented that it is unusual for the frontage to be split between two roads, but there is nothing in the regulations precluding that scenario. Mr. Hansen moved, seconded by Mr. Huntoon, to approve the application as presented subject to receipt of the state subdivision approval and receipt of the mylars. Motion passed. The public hearing was closed at 6:40 P.M.
Mr. Francesco resumed his position on the Board.
Case #2009-15: Webster Land Corporation
Request for boundary line adjustment and subdivision for property located at Route 113 and Old Sandwich Highway, Tax Map 207-9 Lot 9, Tax Map 217 Lot 9, and Tax Map 220-21, rural residential and general residential zones.
The public hearing was opened at 6:44 P.M. Mr. Yerkes presented the application on behalf of Webster Land Corporation, explaining that there were several components of the application. The first is Tax Map 220 Lot 21, which is a 22 acre parcel proposed to become two lots. The lots each have an existing driveway and because they are within the Shoreland zone of Squam Lake are subject to the Shoreland Protection Act requiring state subdivision approval.
A second component of the application is to subdivide 26.43 acres from Tax Map 207 Lot 9 which is a 700 plus acre property with frontage on Perch Pond Road. The third and last component is a boundary line adjustment with Tax Map 217 Lot 9, a five plus acre lot, with a portion of Tax Map 207 Lot 9 to create a lot of 144.79 acres.
Mr. Leeming addressed the proposed new lot 3 on behalf of his clients, potential buyers of the lot. The best access would be from the east, resulting with frontage on a Class VI road, requiring Planning Board review and comment to the Board of Selectmen per RSA 674:41. His clients are requesting some assurances that once the lot is created they would be able to obtain a building permit. They are willing to make road improvements as needed along the Class VI portion for fire and safety reasons and are willing to indemnify the town from all liability. Discussion regarding the procedures for comment to the Selectmen ensued. Mr. Francesco expressed concern about making a recommendation for approval for a dwelling without an actual building permit on a lot that has not yet been approved. Mr. Hansen noted that the lot meets
planning requirements and the road is the Selectmen’s responsibility. Mr. Yerkes and Mr. Lehner pointed out that access from the west is not viable due to damage as a result of heavy rains. Mr. Lorch requested that the final mylars reflect the correct name of the road per the town tax maps and to look at the overall picture of this new lot and how it fits into the community. There was no public comment. Mr. Leeming requested that the Planning Board continue the application and provide comment to the Selectmen recommending approval for construction of a single family dwelling; he also suggested a site visit to view the road.
Mr. Hansen moved, seconded by Mr. Huntoon, to accept the application as complete, all fees having been paid. Motion passed. Mr. Hansen moved, seconded by Mr. Huntoon, to recommend to the Board of Selectmen that they consider allowing use of a Class VI road to service proposed Lot 3 as shown on the plans. Brief discussion included comment that the Selectmen would have to view the lot as a building lot. Mr. Hansen stated that the Planning Board can’t approve a lot unless it’s a building lot and if the Board of Selectmen deny building on the Class VI road, the Planning Board can’t approve the subdivision. Motion passed.
Mr. Hansen moved to approve the merger of Tax Map 207 Lot 9 into Tax Map 217 Lot 9. There was no second. Mr. Elgin questioned approving portions of the application, preferring to deal with the application as a whole. Mr. Hansen stated that individual pieces of the application could be dealt with now. Further discussion of the boundary line proposal resulted in Mr. Yerkes explaining that only a portion of Tax Map 207 Lot 9 was being merged with Tax Map 217 Lot 9 and that it would be better to deal with the application as one. It was further clarified that Tax Map 220 Lot 21 was a separate lot of record and not part of the second and third components of the application. Mr. Hansen stated that he was uncomfortable with dealing on separate pieces of the application and at 7:28 P.M. continued the hearing to the December
17, 2009 meeting.
Case #2009-17: Paul H & Heidi L Luscher and Squam Valley Masonic Association
Request for boundary line adjustment for property located at 467 Daniel Webster Highway, Tax Map 252 Lot 6, general residential zone and 1 US Route 3, Tax Map 252 Lot 17, general residential zone.
The public hearing was opened at 7:30 P.M. Dean Clark, representing Paul Luscher, explained that the while preparing a site plan it was discovered that a building had recently been constructed in the setback, resulting in the need for the proposed boundary line adjustment. The proposal is for the two lots to swap 2077 square feet which will not change lot coverage requirements of either lot. Mr. Cripps – representing the Masonic Association, provided a letter agreeing to the boundary adjustment as long as certain conditions would be met. Mr. Hansen noted that the letter will become a part of the written record. Mr. Hansen moved, seconded by Mr. Elgin, that the application be accepted as complete. Motion passed. Mr. Cripps expressed concerns regarding the adjustment which could result in the Masonic
Association being in non-compliance for well and road setbacks. Mr. Clark and Mr. Luscher noted that the Association had already agreed to the proposal. Further discussion revealed that the Association’s well location was not noted on the proposed plan and may not meet the 35’ setback. It was agreed that the driveway met the 10’ required setback. Mr. Clark clarified that the boundary adjustment is the result of constructing a building without a permit in a setback. Mr. Cripps inquired if the use of the building needed a Special Exception; Mr. Hansen explained that the Board was only dealing with the boundary adjustment at this time. At 7:47 P.M. Mr. Hansen moved, seconded by Mr. Francesco, to continue the hearing to December 17, 2009 in order for the applicant to provide a definitive location for the well and a letter from the Squam Valley Masonic Association stating they are in agreement with the proposed boundary line adjustment. Motion passed.
Case #2009-17: Paul & Heidi L Luscher
Request for Site Plan Review for property located at 467 Daniel Webster Highway, Tax Map 252 Lot 6, general residential zone for expansion of an existing manufacturing plant.
Mr. Hansen stated that the operation requires approval from the Zoning Board of Adjustment for a Special Exception, noting that it is general practice to obtain ZBA approval prior to Planning Board approval. Mr. Luscher agreed to withdraw the application at this time.
Mr. Cripps submitted a letter of agreement between Mr. & Mrs. Luscher and the Squam Valley Masonic Association, signed by Richard Heath, President.
Pre-application consultation of a proposed cluster subdivision condominium on Long Island by Thomas Coolidge represented by Holden Engineering:
Mr. Murphy – Holden Engineering, representing Thomas Coolidge, explained that the owner proposes to subdivide the 10.29 lot into condominium units with shared well and septic. Soil based lot sizing would allow for four units. Use of a community well and septic would result in a reduced density bonus, allowing five units which is desired by the applicant. However the definition for a community well or septic system requires 15 connections. Mr. Hansen, noting that this is an informational meeting only, stated he is personally uncomfortable with changing the community well/septic definition noting the additional impact on waterfront. There was additional concern from other members regarding the existing structures on the property and their use as dwellings. Mr. Murphy asked for comment regarding lot condominium versus
building condominium. Mr. Hansen stated that a condominium is a type of ownership and it is up to the applicant to provide a plan for review.
Squam Lakeside Farms – David Moore
Mr. Moore explained that as a result of communication between Susan Manchester, his attorney, and Bernie Waugh, Planning Board counsel, there is a question whether the square footage of storage sheds must be included in the 400 square foot building coverage. The Association rules govern the esthetics and size of storage sheds for each unit. Mr. Lorch verified that every structure as defined in the zoning ordinance must have a building permit. There was brief discussion regarding considering sheds as part of the lot coverage if they are not included on the assessment cards for taxation. Mr. Francesco explained that the assessors do not track sheds or other similar small structures, but they are included as part of the overall lot impact and condition for assessment purposes. Mr. Hansen noted his personal reluctance to
allow sheds and other accessory structures because they sometimes result in an expansion of living space which creates a greater lot impact. He further stated that the Planning Board could only change the previous approval if an amended site plan was submitted. Mr. Moore could also submit an appeal to the ZBA for a variance or an Appeal of an Administrative Decision if Mr. Lorch were to write an opinion stating the sheds were in excess of the allowed 400 square feet building coverage.
Mr. Moore requested consideration by the Planning Board of an increase in the building coverage, citing that the current ordinance is in conflict with the standard practices of the market place. He recommended 650 square feet which would include the camper, a deck and 75 square feet for storage sheds.
Other Business
Mr. Bellow inquired as to the public hearing regarding the lake level. He stated that he and several others have issues with the state taking down the water levels of Squam and Little Squam. Mr. Hansen clarified that the town has no control over the lake levels. The changes in the ordinance are in regard to establishing consistent definitions for the reference line for setbacks.
Public Hearing: Proposed 2010 Zoning Ordinance Amendments
The public hearing was opened at 8:40 P.M.
Groundwater Protection: The Board reviewed changes to the proposed amendment and answers to questions posed at last month’s meeting. Mr. Hansen moved, seconded by Mr. Elgin, to approve the amendment for placement on the town 2010 warrant. Motion passed.
Dark Skies: Mr. Hansen moved, seconded by Mr. Elgin, to approve the amendment as edited for placement on the town 2010 warrant. Motion passed.
Miscellaneous Ordinances: The Board reviewed the ordinances as revised by Mr. Lorch. There was discussion regarding wetlands setbacks and several changes were made including adding bridges over streams as a structure that is exempt from the ordinance. Mr. Hansen moved, seconded by Mr. Huntoon, to approve the proposed amendments as edited for placement on the town 2010 warrant. Motion passed. Mr. Hansen clarified that the lake reference point is as stated in the RSA, since it can change, and not noted in specific feet. The public hearing was closed at 9:17 P.M.
Adjournment: There being no further business, the meeting was adjourned at 9:17 P.M.
Respectfully Submitted,
Wendy J. Huff
Secretary
Minutes Approved: December 17, 2009
Corrections: none
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