Town of Milton - New Hampshire

Planning Board

Meeting Minutes - Compiled Form

Important Note: If you wish "Certified" copies of Meeting Minutes you must get them at the Town Hall.

All minutes at this site MUST be considered DRAFT MINUTES

Date:

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February 19, 2008

DRAFT Minutes

Members Present: Chairman Brian Boyers, Vice Chairman Larry Brown, Bette White, Leo Lessard, Dan Steinbach, Bob Graham Alternate, Lisa Rhys Alternate, Bob Bourdeau (arrived at 7:00PM)

Absent Members:  Mike Smith and Mike McDonnell

Others Present: Hank Soucy, David Mott, Ed Ryan, Tim Molinero, John Campbell, Tammy Belanger, Edward Brannan, Richard Brannan, Michelle Beauchamp

Meeting Called to Order by Brian Boyers 6:35PM

The Chairman, Brian Boyer informed the Planning Board that he had received notification that Mike Smith had resigned from the Planning Board. The Board discussed M. Smith seat on the Planning Board and the procedure of filling the position. The Board agreed not to seat the position until after March 2008 election and then proceed at that time to appoint an alternate to fill the position for the remainder of M. Smith term.

1.         Public Input.

Chair opened the Public Input

Chair closed Public Input

2.         Approval of the January 22, 2008 Minutes.

            Brian Boyer moved to accept the minutes for January 22, 2008

          Dan Steinbach seconded the motion to accept with correction to the spelling of Dan Steinbach name in the minutes and Item 2.s hould read B. Borudea abstained not sustained for the vote.  Bette White made note that in the January 22, 2008 minutes, Dan Steinbach had seconded the motion to accept the December 18, 2007 minutes. D. Steinbach should have abstained from the vote, as he did not attend the December 18th, 2007 meeting.

All in Favor to accept the minutes of January 22, 2008

Vote: Unanimous

3.         Discussion Re: Edward Brannan, Lot Line Adjustment for Property Located at 385 Hare Rd. Milton NH (Map 35 Lot 8-1 and Lot 8-2)

            The Chair brought to the Board's attention that the Public Hearing for the application of the Lot Line Adjustment was postpone from the February 5th, 2008 Planning Board Meeting that was cancelled because of weather.

            Richard Brannan addressed the Board regarding the Line Adjustment for the property on Hare Rd., R. Brannan indicated the reason for the line change was to include the field with the lot (Map 35 Lot 8-2) the house is located on.

            L. Lessard asked if individuals would be driving over the septic system using the ROW to the back lot. R. Brannan stated the ROW would not interfere with the septic system.

            The Board did discuss whether this was a Line Adjustment or Sub Division. The Board determined it to be a Line Adjustment.

            Dan Steinbach Motion to accept the application

            Leo Lessard Second the Motion

            All in Favor Vote Unanimous to accept the application

            Public Hearing Open

            Michelle Beauchamp asks if the abutters were adequately notified.

            Dan Steinbach asked if all abutters had been notified. Land Use Clerk verified all abutters had      been notified of the Public Hearing. The chair asked if any abutters had contacted the Land Use Office. The Land Use Clerk indicated an abutter from out of town had called for information     regarding the application and was satisfied with the information given regarding the application for the lot line adjustment. D. Steinbach asked if the notice of this meeting had been posted. The Land Use Clerk indicated the agenda had been posted.

            M. Beauchamp asked if the Board was comfortable with the application on the agenda for Discussion, instead of Public Hearing. The Chair indicated he was comfortable and felt the Board was also.

            The Chair asked if any abutters at the meeting had any questions. No questions asked.

            Public Hearing Closed

            Larry Brown moved to approved the application

            Dan Steinbach second the motion to approved the application

            All in Favor - Vote Unanimous

4.         Discussion Re: Shortridge Academy, LLC. For property located on 619 Governors Rd.,   Milton, NH (Map 25 Lot 2) The Planning Board approved the Minor Site Plan Application on September 19th, 2006.

            The Chair presented a copy of the occupancy certificate for the Board. The Chair asked if there   was height verification.  Hank Soucy, Building Inspector indicated the height of the building was measure by the means of the average height and the height of 32.5 feet was verified the architect. The verification of the height was the condition of approval on September 19th, 2006.

            Larry Brown asked to exactly what he discussion regarded, the Chair indicated the Site Plan was still open, incomplete. L. Lessard asked if there was a sign Mylar, the Chair indicated this was a site plan and does not need a Mylar.

            L. Brown asked what is the intent or power of the Board, to take action, and if so what should that action be. B. Boudeau stated base on the information given by the Building Inspector that it is within the Town Code Regulation and the Board would not have to take action.

            D. Steinbach moved to end discussion on this matter.

            Bob Graham Seconds the motion.

            All in Favor - Vote Unanimous

5.         Discussion Re: Aerial NDT Inspection, Inc. Industrial Drive, Milton (Map 18 Lot 10.6)Final Approval Dave Mott of Mott Surveying Co. attending the meeting for Chris Berry of Berry Surveying &  Engineering presented the Board with a request for continuance from C. Berry for Aerial NDT      Inspection, Inc. C. Berry has requested D. Mott to finish the drainage analysis. D. Mott requested the continuance until the Planning Board Meeting on March 18th, 2008.

            D. Steinbach asked if that was enough time for D. Mott to complete the analysis. D. Mott indicated that it would be ample time as some of the topography work has all ready been  completed.  

            All in Favor - Vote Unanimous

6.         Discussion Re: Use of Site Identification Card on application sites.

            B. White expressed concerns that the Site Identification Cards are not being used, and it was part of the application process.

            The Land Use Clerk is looking into when the procedure was adopted to use the Site Identification Card.

            B. White asked Michelle Beauchamp if she remember when the procedure went into effect. M. Beauchamp state August of 2005.

            Board requested to put Site Identification Card on the agenda for the next Planning Board Meeting on March 4th, 2008.

           

7.         Discussion Re: Strafford Regional Planning Commission - Overdue Invoices for Town of Milton

            Subdivision Reviews.

            The Land Use Clerk is working with the Town Treasurer on the overdue invoices and expects to have a report completed by the March 4th, 2008 Planning Board Meeting.

8.         Other Business;

            Re: Subdivision Approval Extension Requested for John Campbell and Ms. Tammy Belanger, Tax Map 18 Lot 10.8 Industrial Way, Planning Board Approval with condition on March 7, 2007.

             Dave Mott from Mott Survey Co. on behalf of John Campbell and Tammy Belanger is requesting a continuance until March 18th, 2008 Planning Board Meeting. They are presently waiting for the  Septic Design Approval from the State.

             Request to continue until March 18th, 2008 Planning Board Meeting.

            Leo Lessard: Moved to Continue

            Larry Brown: Seconded the Motion

            All in Favor - Vote Unanimous

            A.  NHDES-2007 Annual Wetland Restoration Report - Wetland Bureau File #2006-02375

                 Ashwood Rd. Map43 Lot 27-1

                 Reviewed and Duly Noted by the Board.

            B.  NHDES-2007 Annual Wetland Restoration Report - Wetland Bureau File #2006-02852

                  Briar Ridge Rd. Map43 Lot 27

                  Reviewed and Duly Noted by the Board

            The Board had a discussion regarding Bonds for roads, the legality of transferring Bonds, and thelimit of time for retaining Bonds, and procedures on releasing the Bonds. Further discussing   required at future meetings.

9.         Adjournment:

            Dan Steinbach motion to adjourn

            Larry Brown second the motion

            All in Favor-Vote was unanimous

Brian Boyers

Planning Board Chair

Kathy E. Wallingford

Land Use Clerk

January 22, 2008

Members Present: Chairman Brian Boyers, Bette White, Leo Lessard, Bob Bourdeau and Dan Steinbach, Larry Brown, Bob Graham, Lisa Rhys

Absent Members:  Mike Smith and Mike McDonnell

Others Present: Mark Phillips, Hank Soucy, Chris Berry, David Mott, Tom Gray, Jim Mummey, Ed Ryan, Don Anderson, Chris Anderson, Time Molinero, and Ellen Hilton.  

Meeting Called to Order by Brian Boyers 6:30PM

1.         Public Input.

            Chair opened the Public Input

            Chair closed Public Input

2.         Approval of the December 18th 2007 Minutes.

The minutes should read Bob Bourdeau and Dan Steinbach were excused from the December 18th, 2008 meeting not absent.

Leo Lessard made a motion to accept the minutes of December 18th, 2008.

Seconded by Dan Steinbach;

Vote 4 Yes - 1 Sustained by Bob Bourdeau

            The Chairman appointed Bob Graham to be      seated for Vice Chairman Larry Brown  

3.         Discussion Re:  New Yankee Homes for a continuance of precedent conditions; property located on Jug Hill Road (Tax Map 4, Lot 7) in Milton, NH.

Bob Bourdeau stated he would be against any further continuance of New Yankee Homes. There have been numerous continuances and the continuous go to the problem they have not done their work in a timely fashion. Bette White agrees with B. Bourdeau we have check after the meeting that we had given a continuance and they still had not filed any paperwork requested. The applicant had asked for a continuance and was not at the last meeting when they were on the agenda.

Dan Steinbach requested a quick review from the Chair because D. Steinbach was not at the last Planning Board Meeting.

Bette White stated there was nothing at the meeting (12-18th-07) as there was no one there to represent New Yankee Home.

The Chair indicated this goes back to the expiration of the subdivision in September 2006 and first came to the Boards attention on November 6th, 2007 and at that time asked for a continuance, and here it is January 2008, with no new information or contact.

Chris Berry stated the reason for tonight's continuance and he apologized, but he was not told that New Yankee Home was put on the agenda, unless C. Berry receive notification he does not know when he on agendas, this is why he is unprepared to represent New Yankee Home at this meeting, C. Berry apologized for missing the previous meetings to discuss this matter, that it might be the responsibility of us, the applicant. After our initial meeting with the board C. Berry did find all the documentation that the Board had requested. C. Berry indicated there was a 6-8 month period where the applicant did not do anything with the project and it was not the fault of DES or anyone else. There was about a 6-8 months period of time that we did not do anything on the project again per the applicant's request and as you all know it is probably do to the market conditions. C. Berry requested one more continuance so that he can provide the Board with the information and make the applicant aware the Board is about to make the decision on the application and all parties be present when that happens. C. Berry indicated he is not asking for any decision for New Yankees Homes, but asked not to make any judgment against New Yankee Home without the applicant present.

The Chair B. Boyer stated that when C. Berry left the last Meeting (November 2007), he indicated he would have all the information for the Board at the next meeting, C. Berry agreed. The Chair indicated that the Board has not received any information to date and it is January 2008, C Berry agreed. 

Leo Lessard asked C. Berry if he was notified by the Board about this pending issue. C. Berry indicated he was not.

Bob Bourdeau stated that Chris Berry was present when the Board made the motion for a continuance.

Bette White referred to the November Minutes of the Planning Board, Dan Steinbach made a motion to continue and the Board requested documentation. B White indicated the Board still has not received any documentation and it is now January 2008. The Chair agreed and C. Berry agreed.

Dan Steinbach asked Chris Berry if part of the reason he was not prepared to represent New Yankee Homes at this time was because he did not get a copy of the agenda or you did know you were on the agenda and just not prepared to more forward at this point. 

Chris Berry indicated he was unaware he was on tonight's agenda and that why he is unprepared for the meeting. C. Berry said he does have the information, if he was aware of being on the agenda he would have       brought it to the meeting and if the Board was to make a judgment it is certain with the Board right, C. Berry said he was disputing that, the fact the applicant hasn't made any contact with the Board since the initial presentation and now. Mr. Berry stated he was here tonight for another client's application.

Dan Steinbach asked if it was the intention of the applicant to start building or not, the market conditions are still down.

Chris Berry states without the applicant present in his opinion most likely not.

B. White reviewed the discussion at November's meeting regarding New Yankee Homes and your concerns of not being on the September 2007 agenda, after you had requested it. B. White indicated that was November, it now January 2008 and the still has received any documentation.

B. Bourdeau stated that in November there was some consensus of the Board that it should even grant continuance and there was consensus also with a few members of the Board to hear them out. We gave them every option to hear them out back in November 2007. Here it is continue, continue, continue, and feels the Board has gone above and beyond, it is now gotten out of hand.

     

B. White explained to C. Berry he did not have to be on an agenda to furnish the Board with the needed documentation, he could leave paperwork at the Town Office.

C. Berry brought up the discussion he verbally requested in late summer, early fall to be place on the agenda, he contested the fact there is no record of it. C. Berry understands it is separate from the issue that the Board hadn’t heard from the applicant since November.

Dan Steinbach commented on the frustration of the Board, and noted that the economy is bad for housing development and does not see where we are going to do any damage to the Town by continuing this. D. Steinbach see no problem with people making money building houses, he would like to see people who put houses together working and so it is his feelings that if someone is able to build a house in this current economy the Board should consider it very seriously no matter how we feel about granting the continuance.

The Chair reads from the November 20th minutes. The Chairman received a letter from C.

 Berry dated November 20th, 2007 requesting a continuance do to his work load. Dan Steinbach made the motion to continue discussion until December 18th, Leo Lessard seconded. B. White noted that the Board had requested documentation and questioned why the Board is continuing the discussion. Chair stated C. Berry has supposed to be at December 18th, 2007 meeting.

B. White state she understands D. Steinbach view, but the Board has a set of rules and regulations that everyone abides by on every application that comes in and you have a year to do certain approvals and conditions of approval. The Board did not get the information it needed, the applicant was given a break and continued the application and we still didn't get.

Leo Lessard stated his question about being notified was really a much broader question. If the Board decides to review something at the next meeting, do we notify the applicant? Do they find out from the paper or inquire themselves? Is it the obligation of the Board to notify the applicant? The Chair indicated it was not, as the Board post the agenda.

Hank Soucy informed the Board that there was three houses done and one there is one that still has not sold. Chair acknowledges that was the first part of the subdivision.

Dan Steinbach moved to continue this to the next meeting, Chair ask for second, there was no second, motion denied.

B. Bourdeau made a motion to deny any further continuances for the New Yankees Homes

B. White second the motion.

D. Steinbach asked if this prohibits them from coming back. The Chair indicated it would need to be a completely new application and abide by the current Zoning Regulations.

Vote: 4-Yes, 1-No by Dan Steinbach

4.         Discussion Re: Shortridge Academy, LLC. For property located on 619 Governors Rd.,           Milton, NH (Map 25 Lot 2) The Planning Board approved the Minor Site Plan Application on           September 19th, 2006.

The Chair questioned if they had an Occupancy Permit, and did they apply with the ZBA for the height restriction.

Hank Soucy, Building Inspector indicated that they do have an Occupancy Permit and questions how this got generated because when it was initially built that was one of the questions that he purposed to the engineer and it was not supposed to succeed 35 feet, it was 33 ½ feet, so he is not sure where this height restriction is coming in.

The Chair questioned if it had been documented it was over 35 feet. H. Soucy stated according to the plans, no it is not over 35 feet.

The Chair requested a copy of the Occupancy Permit from H. Soucy for the next meeting.

Bette White requested the LUC to provide the documents from the Assessing Clerk for the Planning Board Meeting.

Discussion of the Applicant is continued to the next meeting on February 5th, 2008 at 6:30PM. 

5.         Discussion Re: Aerial NDT Inspection, Inc. Industrial Drive, Milton (Map 18 Lot 10.6) Final Approval

Chair stated at the last meeting that was an agreement with the owners they would supply a bond with the Selectmen for the drainage study which had not been done; this was part of posting a bond so a Certificate of Occupancy could be issued.

C. Berry indicated he was representing Aerial NDT and was just brought into the project and unsure exactly what the Board needed. It was C. Berry's understanding the condition of approval  as it had been presented to him, was that the Planning Board had given approved of the Site Plan pending a Storm Water/Erosion Control Plan Report and didn't seems to know exactly what that report was. Rather or not the Board wanted a Drainage Analyzes, an over all Storm Water Plan, or a plan similar to what the EPA requires such as the Storm Water Pollution Prevention Plan. C. Berry is here tonight to pin down exactly what the Board wants. C. Berry indicated he does have copies of the former Crown Point Survey and Mott       Site Plan, which he could present to the Board. C. Berry also informed the Board he has a copy of the SWPPP and four full size copies of the Storm water Pollution Prevention Sediment Erosion Control Plan. C. Berry felt this is what the Board was requesting from the applicant.

The Chair indicated that item #9 on the Notice of Planning Board Decision dated November 30, 2006 read: (9. There shall be an approved Stormwater Erosion Control report before a plan is signed.) The Chair asked who wanted to approved this project.

B. Boudeau said this is usually done by a 3rd Party Review. D. Mott stated he may be able to add a little history to enlighten the Board with some information, when it was brought to his intention that the approval was going to run out in November 2007 he did attend the Planning Board Meeting. The Board requested to address all the condition except for the Erosion Control and Drainage Report. D. Mott asked exactly what the Board wanted, and the Board referred it back to D Mott for his opinion and the necessity of a Drainage Report for a project of this size

B. Bourdeau stated when Chris Jacobs presented this project, the Board had made several adjustments and gave up buffers because of the importance of the swale and in C. Jacobs's presentation he indicated it was critical. B Boudeau stated, he disagrees to say we do not

need this now.

 

C. Berry stated he didn't want any confusion, C. Berry doesn't believe Mr. Jacobs the former Crown Point Survey did a drainage analysis which is normally done for approval and C. Berry stated he is not presenting he has done an analysis either.

C. Berry expressed his concerns with the current path the Board is seeking, that the plans have been conditionally approved, the building is already been built and most of the site has been done. C. Berry is concerned if this goes for a 3rd Party Review it would be reviewed as a new application and C. Berry stated he can do a drainage analyzes but he guarantees the analyzes will generate an increase in storm water run off, which is contrary to the site plan approval and the site plan has already been approved. C. Berry stated he would not propose to design or build any detention basin after an approval and after construction. C. Berry indicated this is where he is confused on the current situation.

B. Bourdeau stated his interpretation of the situation; a building permit was issued before the plan being signed and started construction of the building hence the problem the Board is in now. B. Bourdeau believes it is the duty of the Board to make sure the site is being built out as it was presented to the Board in the initial approval, regardless if he has built a building, regardless if he got a permit ahead of time. Obviously a mistake was made and the Board is trying to take the best approach to correct it and protect the Town's interest, and having the lot built out in the fashion it was presented to the Board should be part of that process. 

D. Steinback, asked if there was a building built and if there is no occupancy permit yet, is it ready to be occupied yet? C. Berry indicated yes. So there is a business that wants to start up, move into a new building and the Board is going to allow this not to happen because we are waiting on a drainage analysis report.

B. Boyer stated to D. Steinback, that the Board is not responsible for this; the Board requested this as it was suppose to have been be presented. This is not the Planning Board fault.

B. Bourdeau state the Board is working with the applicant in trying to resolve this. The applicant is working with the Board, even in this working process we still have to make sure it is right.

B. Boyer stated at the last meeting the Board discussed having the applicant post a bond so an occupancy certificate could be issued as the Board did not want to hold the applicant up. The Board is working to get this occupancy certificated and this is what the Board needs.

D. Mott stated he believes the site has been built exactly as the plan shows. B. Boyer indicated he can not verify that as B. Boyer is not an engineer.

Hank Soucy, Building Inspector, stated there has been a lot of confusion with this site. The Town has had three Land Use Clerks and there has been some confusion about if this plan had been approved or not. The Building Permit was issued; this came up as a result of a complaint from lot 7, who had concerns about the drainage from lot 6.  H. Soucy strongly suggest the Board stand firm and make sure that this goes to a Third Party Review because there has already been some complaint and issues about this lot and H. Soucy stated he is not an engineer. H. Soucy stated to protect the Town he would strongly suggest the review.

L. Lessard asked C. Berry if he had any discussion with the applicant concerning posting a bond. C. Berry indicated he did not. L. Lessard stated the there was discussion at the December meeting with the applicant, and the Board made is clear the Board would work with him, but they needed the applicant to post a bond.

D. Steinbach amended his previous motion to indicate that the Board would allow the Occupancy Permit as soon as the applicant's Bond is posted as discussed in the previous minutes of December 18th, 2007.

L. Lessard Seconded the Motion.

The Chair requested to pull all motions from the table.

D. S. rescinded his motions completely.

C. Berry asked what the applicant was posting a bonded for. Are we bonding for the report, or the infer structure? C. Berry state he was unsure what the applicant was bonding for.

B. Boyer stated the Board was looking for the drainage report, the Board has not seen the report. C. Berry asked if a drainage analysis for this site cost $1500.00 and a review cost $500.00, so the Board is looking for $2,000.00-$2,500.00 dollars to be posted with the Selectmen for the design and review of the property.

B. Bourdeau indicated he would like to see extra added in the bond in case it has not been built out to site. Again, he is going to have the Certificate Occupancy, not only do we need the report, the Board needs some kind of value in case it has not been done right. The Selectmen have final approval; this will have to be justified with the Board of Selectmen.

D. Steinbach asked if the Board needed to come up with a certain amount. L. Lessard indicated it would be at the discretion of the Board of Selectmen.

D. Steinbach asked when was this plan done. B. Boyer state final approval was November, 2006. D. Steinbach asked if the Board needed an additional motion. B. Boyer indicated no addition motion needed at this time.

C. Berry asked if the Drainage Analysis yields a 1% increase or an increase, what the Board is going to do concerning the issue. Because the applicant already has an approved site plan.  The Board indicated to work with issues if they should occur.

D. Steinbach said the Board is asking the applicant to take this action and the Board is allowing an occupancy permit to be issued. B. Boyer agreed, as long as the applicant has posted a bond before an occupancy permit is issued.

C. Berry asked when this application would be continue to, what date? The Chair continued until the next Planning Board Meeting on February 5, 2008.

Susan J. Mummey, Shoreland Permit Application Plan - Map 28 Lot 43 Second Rd. Milton N.H.

The Chair moved the Mummey property discussion up on the agenda. D. Mott was there to represent the Mummey's. Dave indicated at the last meeting it was decided by the Planning Board that all the conditions had been met for the application and there was no signature block on the plan. D. Mott indicated he is no longer doing work as Crown Point Surveying & Engineering, and now doing business as Mott Survey. D. Mott presented the Board with a letter authorizing Mott Survey to submit the plan to the Board. D. Mott basically put his border on the plan and has the revised plan with the added signature block for the Planning Board; he also had smaller copies of the plan. D. Mott indicated he notice the zoning was incorrect on the previous plan and corrected the zoning. The letter submitted to the Board references what D. Mott has completed on the Mummey Plans. 

D. Steinbach reference D. Mott work as housing keeping, as the Board needed the plan accordingly to previous Planning Board Minutes.

Leo Lessard made a motion to accept the plans.

D. Steinbach seconded the motion.

Vote was unanimously

6.         Discussion Re: Index Packing, Inc. Site Plan for property located on 1005 White           Mountain Highway, Milton, NH (Map 27 Lot 11) The Planning Board conditionally        approved the Site Plan Applications on April 4, 2006

The Planning Board conditionally approved the Site Plan Applications on April 4, 2006. The Land Use Clerk spoke with the applicant concerning finalizing the condition and the applicant has contacted Norways Plains Assoc. Charlie Karcher stated Scott was working with Index Packing Inc. and he would check with Scott on the status.

D. Steinback asked the Chair if the Board needs to see the plan again. The Chair indicated no, as long as the notes are on the plan the Chair can sign it. So the plan does not need to go in front of the Board again.

7.         Discussion Re: Charles & Dina Farrell 2-lot Minor Subdivision for property located on Willey Rd. (Map 9 Lot 122)

The Chair verified that all fees had been paid and abutters had been notified. C. Berry, indicated he was representing the applicant of the simply 2 lot sub division located on Willey Rd.  Mark Jacobs locate the poorly drained and very poorly drained land area. The ordinance state the very poorly drainage need to be subtracted from the lot. Both lots are 2 acres lots after you subtract out the very poorly drained land and steep slopes. Lots are in excess of the 200' of frontage and all the appropriate set back is shown.

B. Bourdeau asked if lot 122-1 driveway location is going to have the site distance required by the Town. C. Berry indicated yes, that the location was actually chosen for the site distance requirement.

Pat Smith, Highway Department requested the driveway marked for inspection. Police, Fire Department had no issues; Assessing Department verified the Map and Numbers, Building Inspector and Conservation Committee had no concerns.

D. Steinbach made a Motion to accept application

B. Bourdeau Seconded the Motion

All in Favor - Unanimously

D. Steinbach move to approve the 2 lot subdivision

B. Bourdeau wants to approve subject to the condition of Pat Smith, Highway Department driveway approval.

B. Boyer, the Board will approve the subdivision subject to Pat Smith, Highway Department approval of the driveway location

D. Steinbach move to amend his motion to include approval with the condition of driveway location approval.

B. Bourdeau seconded the motion to approve the 2 lot subdivision

All in Favor - Unanimously

8.         Discussion Re: Subdivision of land for Mark Phillips, Mason Rd - Map 25 Lot 16 request for consideration of a lot consolidation

B. Boyer explained that the Board is reviewing an approved subdivision, now the applicant would like to remove 2 lot lines to create a larger lot before the Board signs the Mylar.

C. Karcher presented to the Board a revised plan to the original plan first submitted to the Board. The revised plan shows the removal of lot lines, creating a larger lot to the plan and removing 2 lots as shown the first plan.

D. Steinbach asked what the 2 lot numbers that are being affected are. C. Karcher indicated Map 25-Lot16-6 and Map 25-Lot 16-2 are removed from the plan.

B. White asked if the lots are going to be renumbered. C Karcher stated it has already been done.

B. Boyer asked if the Board approves the amended subdivision.

B. White moved to approve the amended subdivision.

L. Lessard seconded the motion.

The Chair asked if there was any discussion.

Closed discussion

All in Favor - Unanimously

9.         Discussion Re: Use of Site Identification Card on application sites.

The Board has requested the Land Use Clerk to research Site Identification Cards, when Public

Hearing was held, is it in the Site Plan Regulations.  B. Bourdeau mention contacting Michelle Beauchamp to help with researching information concerning the Site Identification Card. The Board agreed to continue discussion to the next Planning Board Meeting.

10.       Discussion Re: NH Estuaries Project Accepting Applications for 2008 Projects

The Chair reviewed the letter with the Board. L. Lessard suggested if any Board member wanted to review the letter to obtain a copy at the Town Office. B. White suggested if a member wanted to do something with the application a workshop could be held. D. Steinbach indicated he feels it should be passed on to the Conservation Committee and Milton 3 Pond Protection Association. B. White indicated this could be a workshop for Conservation and the Planning Board.

11.       Discussion Re: NHDES Approval for Construction

Agenda Items 11-14 NHDES Approval for Construction are non-agenda items. Board's review not needed.

15.       Discussion Re: NHDES Wetlands File #2005-2859, Three Ponds Investment, LLC Bolan Rd. & Northeast Pond Rd. Milton Tax Map 23 Lot 44 & Lot 149.

The Chair read letter to the Board. The Wetlands Application #2005-2859 had been denied.

16.       Discussion Re: NHDES Approval for Subdivision

Agenda Items 16 - 18 NHDES Approvals are non - agenda items. Board's review not needed.

B. White requested that the items that do not need to be discussed or put on the agenda be stated in the minutes. The Chair indicated the letters are notice of approval of construction, septic system, and operations, they should go to the Health/Building Inspector.

Hank Soucy stated a letter would be going out to DES concerning this.

19.       Discussion Re:  Strafford Regional Planning Commission - Changes in the Comprehensive Shoreland Protection Act.

The Chair stated these changes will be effective April 1, 2008. The Chair indicate this was confusing and they are changes a lot of thing.  C. Karcher state there is two more seminars, one in February and one in March.

The Chair stated a seminar is being held on February 7, 2008 at 7:00 pm at the Dover City Hall Council Chamber.

Charlie Karcher said there are a lot of items that will need to be clarified with this new plan. D. Steinbach agreed, Dan stated there is a lot of loose end that need to be tied up.

The Chair state the last day for public comment to the Commission is January 28th, 2008 and they will have a revised schedule out February 4th, 2008.

20.       Discussion Re:  Strafford Regional Planning Commission - Overdue Invoices for Town of Milton Subdivision Reviews.

The Board has requested the Land Use Clerk to review all invoices and bill applicants with any outstanding cost if needed.

D. Steinbach asked what the total bill from SRPC was. B. Boyer indicated $l,530.00.  D. Steinbach asked if it was in the budget. B. White indicated it was not. B. White agrees to bill the developers and engineers as they were aware they would be billed for the cost incurred from 3rd party billing. B. Boyer indicated some 3rd party reviews that the applicants were never billed.

21.       Discussion Re: NHDES Alteration of Terrain Application - Diamond Heart Properties - McKeagney Rd. - Map 45 Lot 16

Review by the Board, Duly Noted.

22.       Discussion Re:  NHDOT copy of Final Environmental Impact Statement Executive Summary and the Socio-Economic Excerpts of the FEIS for the Newington-Dover 11238NHS-027-1(37) Project.

Summary of the Strafford Turnpike improvements. Review by the Board and Duly Noted.

23.       Discussion Re: Memo from Recreation Director, Christine Collins - Re: Scheduling at Town Offices and Emma Ramsey Community Center.                 

Dates for the 2008 Planning Board Meetings have been submitted to Christine Collins.

24.       Other Business:

            A.  Correspondence from the Assessing Clerk             

The Land Use Clerk has included the Assessing Department on the Land Use Review Form, and the Assessing Department will receive a copy of the application for review, at which time they can make adjustments for map and lot numbers if needed.

            C. Heart & Soul Community Planning Email from          Bruce Woodruff

Chair read an email concerning a small foundation that helps small towns in New England to develop and plan for future growth inspired by their community's heart and soul. If any member wants to review the email, a copy may be obtained from the Land Use Clerk. The email has telephone numbers, email addresses and a web site on it.

The Chair brought up the discussion of Impact Fees? B. Bourdeau said he had spoke with Bruce Woodruff concerning this issue and B. Woodruff indicated it was not complete at this time. The Chair indicated the Board needed to send B. Woodruff a letter, it is important to have this in place as soon as possible. B. Bourdeau stated once development starts again, this will be critical.

B. White stated anything at this point the Board wants update on regulations, ordinances, this is a good time to get thing up to date.

B. White asked the Land Use Clerk if any work had been done on fees. At this time nothing had been done. The Clerk will be contacting area towns for verify their fees and will be working on a comparison, so the fees will be in line with other towns.

B. Bourdeau, inquired on the status of Mike Smith, and attendance on the Board. The members discussed the seat on the Board. The Board requested the Land Use Clerk to contact M. Smith concerning his seat on the Planning Board.

Larry Brown came into the meeting 8:15 PM.

Dan Steinbach asked the Chair is there was anything addition concerning the signs that are in the Town and does not meet the signs ordinances. D. Steinbach understands that the Building Inspector has been removing the signs. D. Steinbach would like the Board to encourage the Board of Selectmen, and the Building Inspector to do anything they can to stop these A1 Firewood signs from going up in the Town. If this means the Town takes the man to court, let's do it. D. Steinbach suggested contacting other Towns dealing with this issue and see if they want to participate in this.

B. Boyer indicated we do have a sign ordinance, and to issue a citation you need to go to District Court. D. Steinbach asked what the procedure was. B. Boyer stated you need to get a cease and decease out, and then you need to take them to court.

Hank Soucy indicated he has talked with surrounding towns and discussed with the town what steps they were taking.

D. Steinbach moves to ask the Selectmen to enforce sign ordinance by fining this specific individual for his signs that are illegally place in our Town.

Leo Lessard seconded the motion.

All in Favor - 3 yes and 2 no by B. White and B. Bourdeau

25.       Adjournment

B. Bourdeau made a motion to adjourn the meeting at 8:25 P.M.

Brian Boyers

Planning Board Chair

Respectfully submitted,

Kathy Wallingford

December 18, 2007

Members Present: Chair Brian Boyers, Vice-Chair Larry Brown, Bette White, Leo Lessard

Absent Members:  Bob Bourdeau and Dan Steinbach.

Alternate Members Present: Mike McDonnell

Others Present: Scott  , Scott

Meeting Called to Order by Brian Boyers 6:37PM

B. Boyers appointed Mike McDonnell to sit in for Dan Steinbach.

1.         Public Input.

B. Boyers opened the Public Input

B. Boyers closed Public Input

2.         Approval of the December 4th 2007 Minutes.

Motion made by Mike McDonnell to accept the minutes of December 4, 2007 . Seconded by Larry Brown; vote: Unanimous

3.         Discussion Re:  New Yankee Homes for a continuance of precedent conditions;    property located on Jug Hill Road (Tax Map 4, Lot 7) in Milton, NH.

L. Lessard stated he would strongly resist making a decision about this property without the full board present..

B. White asked if anyone knew why Chris Berry has not gotten back to us?

L. Brown believed that the town attorney Walt Mitchell wrote a letter where he clearly stated why a subdivision can be revoked and he would try to locate the letter and bring it to the next meeting.

B. White asked why Chris Berry said he will get back to us, and has not.

L. Brown noted that due to the real estate slow down Chris should have time to tie up loose ends.

B. Boyers stated that he felt this is a slap in the face to the Planning Board that he is not here and there is not correspondence.

Motion made by Leo Lessard to continue the Discussion until the next meeting on January 8, 2007 at 6:30PM.  Seconded by Larry Brown; vote: Unanimous

B White asked if the Land Use Clerk and B Boyers can contact Chris Berry and ask why he has not contacted the Planning Board.

4.         Discussion Re: Shortridge Academy, LLC. For property located on 619 Governors Rd.,     Milton, NH (Map 25 Lot 2) The Planning Board approved the Minor Site Plan Application on     September 19th, 2006.

L. Lessard noted that there is a bit of a problem with transfer of companies from Crown Point Survey to David Mott.  The height restriction note is supposed to be on the plan according to the conditions.  D. Mott has done some work with the plans, but is uncomfortable with changing plans that are not in his name.

B. White noted that they were supposed to talk to the ZBA on height restrictions and wanted to know if there was any notes in the folder.

L. Brown asked if Hank Soucy was involved with this and did he measure it as less than 35’.

B. Boyer noted that a surveyor must be used since the building was built on the side of a slope.

L. Brown stated that Shortridge Academy must find an engineer who will survey the land and report back to us.

B. Boyers noted that the building is already built.

L. Brown asked if Shortridge Academy can put a note on the plan from a different Engineer.

B. Boyer asked if they have an occupancy permit?

L. Lessard stated he would like to know the answer to that as well.

B. Boyer took a five minute recess to look in the files, but he did not see an occupancy permit.  He noted this does not mean that one does not exist.

L. Lessard stated that first need to know if there is an occupancy permit.

B Boyers stated that he will contact Kathy tomorrow to find out for sure.

Motion made by Leo Lessard to continue the Discussion until the next meeting on January 8, 2007 at 6:30PM.  Seconded by Bette White; vote: Unanimous

M. McDonnell stated that the applicant should be notified that there is a problem.

5.         Discussion Re: Aerial NDT Inspection, Inc. Industrial Drive, Milton (Map 18 Lot 10.6)                      Final Approval

Scott ???, the owner, is stated that he is here to represent Aerial NDT Inspection.  He passed along apologies on behalf of Mr. Mott that he was unable to attend.  Scott stated that he was not aware that we did not have final approval until a few weeks ago when the Planning Board informed me.  He stated he was unfortunately involved in the fallout with Crown Point Surveying going out of business.

The Planning Board received plans and a letter from Mr. Mott.

B. Boyers asked if Scott is asking the Board to approve this.  He asked what point Scott was at in construction of the buildings.

Scott ?? stated that they are sheet rocking the offices right now and the offices are built.  He stated he was here to find out what he needs to get a drainage report.  He stated that Mr. Mott is not able to do a drainage report.

B. Boyers stated the Board will not hold you up from getting an Occupancy Permit.  If you show the Board that you are going to get a drainage report, we will help you out.  He asked if Scott will be amenable to posting a bond for a drainage study?

Scott ?? stated he would do that.

L. Brown wanted to make sure the minutes will reflect that the Board will work with the applicant, grant extensions as long as you are willing to work with us to rectify the loose ends.  He also wanted to thank the applicant that he will keep the existing landscaping, not cut any more trees and add trees.

Scott ?? noted that the drainage as shown on the plan has been completed.

B. Boyers asked the applicant when they are looking for occupancy.

Scott ?? stated the first of the year.

B. Boyers asked the applicant if he could find an engineer by the next meeting on January 8th.

Motion made by Leo Lessard to continue the Discussion until the next meeting on January 8, 2007 at 6:30PM.  Seconded by Larry Borwn; vote: Unanimous

6.         Discussion Re: Index Packing, Inc. Site Plan for property located on 1005 White     Mountain Highway, Milton, NH (Map 27 Lot 11) The Planning Board conditionally          approved the Site Plan Applications on April 4, 2006

Motion made by Leo Lessard to continue the Discussion until the next meeting on January 8, 2007 at 6:30PM.  Seconded by Bette White; vote: Unanimous

B. Boyers recognized a gentleman on the floor.

Scott ?? , owner of the Ten Rod Road Development Group, stated he was here to talk about the development that is approved on Briar Ridge Road.  He noted that it has been approved by the Board.  He wants to know why he cannot obtain a Building Permit.  He was told by the Building Inspector that he would be at the meeting tonight to discuss this with the Board.  Scott stated that according to Packy Campbell, the cistern has been bonded and approved by the fire department.  P Campbell told Scott other building permits have been issued on several occasions before the cistern was installed.

L. Lessard stated that Hank Soucy  stated at the meeting last night he stated he would be here to discuss this.

M. McDonnell stated that he believed that a cistern was supposed to be in before a Building Permit could be issued and that it is in the regulations.

B. Boyers read the Planning Board meeting minutes of 10-2-07 stating that it was explained to P Campbell he will not get a Buiding Permit until cistern installed.  He agreed that if that was in the regulations, he would have to build the cistern first.

B. Boyers stated he  would like to see the plans and the conditions, but unfortunately at the moment we cannot find them.

B White noted these plans were taken be Chris Berry for recording after they were signed.  In the past, L. Lessard would take them to the County to be recorded or the Land Use Clerk, not the engineer or developer.

B. Boyers stated that he would advise Scott ?? to see the building inspector tomorrow and ask to see the plans and see if there is any conditions regarding the cistern.

M. McDonnell read the Fire Protection Regulations, Chapter IV, Section E., timetables which notes that a Building Permit cannot be issued until the fire cistern is installed.

7.         Discussion Re: Plan NH Charrette Committee:

8.       Discussion Re: Milton Conservation Commission regarding part-time planner.

B. Boyers read the letter from the Conservation Commission.

L. Lessard noted that the Town has put a dollar in the line for a part time planner.  He also recommends they forward the letter to the Budget Committee.  It is tight this year and very doubtful, but the budget process is not over yet.

L. Brown also noted that the budget for the school is a little lower than originally expected.

9.         Discussion Re: Use of Site Identification Card on application sites.

B. Boyers asked if the permit needs a sign permit.

M.McDonnell noted that he has seen this used in the past.  He thought it is a good idea so that people who are not abutters will still be able to see that something may be going on with the property.

B. Boyers asked if it is in our regulations.  If it is, it is required.  He thought this should be discussed further in the next meeting.

10.       Other Business:

            A.         Correspondence from the Assessing Clerk

B. Boyers stated that the Assessing Clerk wants to see the lot numbers and assign them before the lots are recorded. 

L. Brown noted that this would be a good idea to make sure there is no error..

            B.         SRPC & Civil Design Engineering Consultants Invoices (Third Party Invoices)

B. Boyers stated that he spent a long time with the Treasurer and the figured out that the money held in bond was overspent.  He noted that the client’s account did not have money and the client was not billed.

C.                                         Susan Mummey; for property at second Rd Milton, NH (Map 28 Lot 43)

B Boyers handed out a letter and plans from David Mott.

L. Lessard noted that the Board said we needed an updated plan.

L. Brown asked if any action was necessary.

L. Lessard said the Board just asked to see the plans.

L. Brown wanted to make sure the minutes show that the conditions have been met.  He also noted that the rights of the abutters were taken care of with the public meeting.

B. Boyers noted that a copy of the minutes should be sent to Dave stating that the Board agrees that the conditions were met.  Also, note that there is no place to sign the plans.

Motion made by Leo Lessard to accept that all conditions of the application have been met.  Seconded by Mike McDonnell; vote: Unanimous

D.                                         Handouts

B. Boyers noted he would like to change the address where the Operation Approvals for septic are sent.  He noted that they should go to the Health Officer (Building Inspector).

B Boyers also noted that everyone should have a copy of the Planning Board schedule for next year.           

11.                          Adjournment

Motion to adjourn made by Mike McDonnell. Seconded by Larry Brown; Vote: unanimous.

Brian Boyers

Planning Board Chair

Respectfully submitted,

Tim Molinero

December 4, 2007

Members Present: Ex-Officio-Leo Lessard, Elizabeth White, Alternate-Michael McDonnell Alternate-Robert Graham, and Alternate-Lisa Rhys

Members Not Present:  Vice Chair-Larry Brown (Excused), Dan Steinbach (Excused), Brian Boyer Chair (Excused), Michael Smith, and Bob Boudreau

Others Present: Michelle Beauchamp, and Tim Molinero

The Board members present agreed that B. White would step in as the Acting Chair for tonight's meeting.

    The Acting Chair called the meeting to order at 6:38PM.

    The Acting Chair read correspondence from B. Boyer and Dan Steinback, noting that

     they would not be in attendance for the meeting tonight.

    Bette White stood in for Brian Boyer, Chair; Alternate-R.Graham stood in for Dan

    Steinbach and Alternate-M.McDonnell stood in for L.Brown.  

1.  Public Input.

     The Chair opened the meeting for public input. 

     Michelle Beauchamp requested Bruce Wooduff name be removed from the

     December 4th, Planning Board Minutes as not being present. Bruce Wooduff has

     resigned from the Planning Board.

      The Chair closed the meeting for public input. 

2.  Approval of the November 20th 2007 Minutes.

      Leo Lessard made the motion to approve the minutes of November 20th 2007

      with the correction noted.

      Lisa Rhys seconded.  

      Motion passed 5-0-0

3.   Discussion Re: Shortridge Academy, LLC. For property located on 619

      Governors Rd. -Map 25, Lot 2. The Planning Board approved the Minor Site

      Plan Application on September 19th, 2006.

           

       At November 20th Planning Board Meeting, the board discussed the condition 

       missing from the plans, D. Mott noted that he would update the plan with the note

       regarding the height requirement. The Board has not received any updated plan.

        L. Lessard motion to refer to next meeting (December 18th, 2007)

        M. McDonnell second the motion

        Motion passed 5-0-0

4.  Other Business:

      A. Follow-up from Planning Board Ex-Officio regarding A-1 Firewood Signs.

           Leo Lessard indicated that at the Selectmen Meeting on December 3rd, they had

           discussed Richard Lover concerns over the A-1 Firewood Signs. The Selectmen Board has a general agreement that the Town Solicitor be contacted and a    letter sent. If no response, court action will be the next step for the Town. 

       B.  NHDES Drinking Water Source Assessment Report

            The Acting Chair, B. White read letter of assessment report to the board.

            L. Lessard motion to send letter to Water Department

            L. Rhys seconded the motion

            Motion passed 5-0-0

      C. Correspondence from the Assessing Clerk, Kathleen Arnold.

The Acting Chair, B. White, read the letter from Kathleen Arnold, Assessing Clerk, dated November 16th, 2007

"Please be advised that effective immediately, the following form must be implemented in the approval process of all plans involving map and lot numbering prior to final approval of the Planning Board. This has been implemented to avoid incorrect numbering of our tax maps."

The Board Review the discussion of the November 20th, meeting - B. Boyer, Chair felt that this request would require a public hearing to make changes to the procedures in the regulations.  He noted that he would speak with her.

There was a discussion to add this to the Land Use Form presently being use. To be discussed at next Planning Board Meeting.

 D.  Discussion regarding third party review memo presented at November

      20th, Planning Board Meeting.

       The Acting Chair, B. White read the memo to be board: to be

      continued until next meeting.

"In regards the Planning Board Minutes of 11/06/07 under Other Business, the motion for payment of Strafford Regional Planning Commission and Civil Design Engineering Consultants,. Invoices were submitted to the Town Treasurer, and she stated there were no funds in the escrow account."

        E. Review of draft of the Fee Schedule for 2008

             Discussion to review all fees, inquire with area towns to compare their fee to the           Town of Milton.

             L. Lessard wants a larger member count should be present for the review of     fees.

            The Acting Chair, B. White wants to have a workshop concerning the fees and would like the Land Use Clerk to obtain fee charges from area towns; The Acting             Chair B. White gave Land Use Clerk all            information she had acquired           concerning fees. It is noted that the Land Use Fees should cover all boards, ZBA,         Milton Conservation Commission and the Planning Board.  

  F.  Letters to be reviewed by board:

    • Acting Chair, B. White read the following NHDES letter to the Board:

                  Tax Map 23 Lot 44 - Wetlands Complaint File Permit #2005-2859 for Three Ponds Investment, LLC.

                 The Board had no comments at this time, to be filed in applicant's folder.  

    • L. Rhys read the following NHDES letter to the Board:

                  Tax Map 29 Lot 5-1 - Wetlands Permit #2007-2469 for Brian Turgeon

                  The Board had no comments at this time, to be filed in applicant's folder.

    • Acting Chair, B. White read letter from the Plan NH Charrette Committee:

      There was a brief discussion. It was agreed, to put on December 18th,       agenda for a complete review.

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