PLANNING BOARD

Monday November 18, 2002

Belmont Corner Meeting House

Belmont, New Hampshire

Members Present:  Chairman P. Harris; W. Peterson, J. Pike, J. Marden and W. Brunkhardt.

Members Absent:  G. Flack and C. Patten.

Alternates Present:  C. Shibles.

Alternates Absent:  G. Bolduc.

Staff:  C. Daigle, R. Ball and E. Murphy.

Master Plan Subcommittee Members:  J. Bolduc SEA, Town Administrator Don McLelland, Susan Condodemetraky, George Condodemetraky, Doralyn Harper, Richard Ashbaugh, Dr. Pilliod, Judy Pilliod and Elson Moody.

The chairman opened the meeting at 7:05 p.m.

Public Hearing: Proposed amendments to the Master Plan. Amendments include Chapters on Vision, Goals, Community Facilities, Conservation & Preservation of Natural Resources, Construction Materials, Housing, Land Use, Recreation, Transportation, Utility & Public Services and Implementation.

P. Harris thanked everyone for participating in the ongoing process to help preserve the quality of life in Belmont. There have been many changes to the document in the last few months and decisions were made when  new information came to light. He explained that the Economic Development Chapter and the CIP would come in the future. This is an ongoing process with a lot of information to comprehend.

C. Daigle stated that she did receive some editorial and substantive comment during and prior to the posting period. Lakes Region Planning Commission stated that the Master Plan is a very comprehensive document and made some recommendations. She explained that any substantive recommendations she received have been included in file for the upcoming reviews. She stated that she received a memo from K. Knowlton stating his support of the Master Plan. S. Roberts also called to extend her support of the plan. C. Daigle also took time to thank everyone for serving on the committees, Lakes Region Planning for their support, J. Bolduc for all his help and expertise, the staff and Planning Board. With their help and support  the process was made easier.

P. Harris stated that a lot of material has been brought forth including graphs and charts. C. Daigle explained that Mr. Ashbaugh has also submitted additional information on utilities. They are substantive in nature and could be put in the file for the next update. S. Condodemetraky handed the chairman a comment sheet from L. Frawley who was unable to attend tonight’s meeting. P. Harris read the letter into the record and thanked L. Frawley for her involvement in the Master Plan process. He stated that she was a wealth of knowledge and a help throughout the process.

J. Pike stated it is his intention to gather all the names of committee members and run a page advertisement in the Laconia Citizen newspaper to thank them for serving on the committee and being actively involved in the Master Plan process.

P. Harris introduced J. Bolduc and thanked him for the knowledge he brought from outside. J. Bolduc stated that he appreciated the challenges and interaction of the individuals. They have created a more useable document than the previous one. This Master Plan is a workable document and reflects where the people of Belmont want to go. The plan was to have a smaller user-friendly document and to hold to the schedule. The committees were able to meet both those goals. When the schedule got tight the subcommittees stepped up and responded to the need to complete the document in time for the November deadline.

C. Daigle explained that there are five binders of all the reference material substantiating the background information for the Master Plan. These are available in the Land Use office and can be viewed any time.

MOTION:  J. Pike moved to adopt the chapters that were included in the November 7th Master Plan amendment. The motion was seconded by W. Brunkhardt and carried. (6-0)

OTHER BUSINESS:

BOARD'S ACTION-MINUTES:

MOTION:  On a motion by J. Pike seconded by W. Brunkhardt, it was voted to approve the minutes of the October 21, 2002, meeting as submitted. (6-0)

MOTION:  On a motion by J. Pike seconded by W. Brunkhardt, it was voted to approve the minutes of the October 28, 2002, meeting as submitted. (5-0-1) P. Harris abstained. 

BUDGET:

C. Daigle explained that she had put together a packet with the budget outlined since 1991. The Board compared the previous operating and capital budgets. C. Daigle explained that any funds appropriated but not used are returned to the general fund.

J. Pike stated that some of the money in the Capital fund should be used to cover some chapters of the Master Plan that need to be completed. Money is needed to hire consultants to help work on them. He stated that ¾ of the $16,850 could be needed for the Economic Development chapter, noticing and professional advice. C. Daigle stated that she met with LRPC last week to discuss their assistance with growth management information, economic development and the CIP. They will be coming to the December 9^th   worksession. They want to talk to the Board to understand what they want before they can give the Board a cost estimate. J. Pike stated that he wants to make sure there is enough money to finish a project once they get started. 30,000 had been appropriated for the Master Plan and they are asking for half of that figure. W. Peterson stated the Board of Selectmen wanted to know where the Planning Board is heading in the future. J Pike stated that need money to proceed forward on the Master Plan. Money appropriated and not used can be returned. They are asking for about ½ of what they spent on the Master Plan. An Economic Development Chapter and CIP are the two projects that they want to work on. C. Daigle stated that there is a difference between an Economic Development Chapter and an Economic Development initiative. The Board of Selectmen enacts the program. It is important to know where the Board of Selectmen stand on Economic Development before moving forward with an Economic Development Chapter package.

The Board agreed to wait until the December 9^th meeting with Lakes Region Planning to decide on what projects to proceed with and what the budget will be.

ZONING AMENDMENTS:

The Board reviewed the list of possible Zoning Amendments.

Prohibit Uses determined under the Ordinance to be Obnoxious.

The Board discussed the difficulty of trying to define “obnoxious” and they would not like it included in the proposed amendments.

Allow Housing restricted to elderly occupancy to have a higher density in zones in which such housing is allowed.

The Board discussed allowing higher density for elderly housing. There were concerns that if the elderly housing became vacant then it might allow another use of the extra density one not allowed in that area. Zoning was enacted to restrict certain uses in specific areas and increasing density would go against what zoning intended. The Board stated that they would like to do more research and not propose the change.

Telecommunications.

J. Marden stated that he would like to see telecommunication towers on town owned property whenever possible. C. Daigle stated that they could suggest that they be on town owned property if it is in a zone where they are allowed and the town owned property that was suitable. Another way to write it could be that the tower be on town property if it is allowed in that zone unless they applicant can prove it is not suitable before it can be allowed on private property. She will check with Atty. Bates about the legality of these proposals.

Signs.

The Board discussed regulating the height of signs. They agreed to propose to restrict sign height to 25’.

Adult Entertainment.

C. Daigle stated that she would talk to Atty. Bates on how to regulate Adult Entertainment in Belmont. They discussed allowing it in certain areas but will wait until they hear from Atty. Bates.

Cluster Subdivision:

The Board agreed to the proposed changes to the wording in the Cluster Subdivision ordinance.

Parking Calculations.

It was the consensus of the Board to have parking calculations reviewed under the Site Plan regulations instead of Zoning.

Campground.

The Board discussed how campground sites have been turning into permanent structures for some people. Over time people keep adding additions and porches until they want the summer residence to become a permanent home. This is not what campgrounds were designed for. They agreed that there should be restrictions on what can be added to a campground unit.

Variances.

The Board agreed to changing the wording in the hardship requirement so that it comply with the current law.

In-law apartments.

C. Daigle explained that in-law apartments can only be occupied by immediate family. The definition is one or more rooms inside a single-family unit. She is not sure if zoning can restrict the use to only family members. She will talk to Atty. Bates about the legality of the restriction. The Board agreed that they may need to put more in the definition to deal with the physical difference between in-law apartments and duplexes.

Aquifer Protection.

C. Daigle explained that she had a message from S. Roberts stating that she has concerns about the restrictions that would be placed on property as a result of the Aquifer Protection Ordinance as it is currently written. The Board agreed to wait on the Aquifer Ordinance until they see a copy of the proposal.

Hotel/Motel.

C. Daigle explained that hotel and motels are not allowed in industrial zone and the Board could change it so they would only need a Special Exception to have one in that zone. The Board discussed the need to have  quality facilities adequate for the tourist area that the Lakes Region is becoming.

Structure.

The Board discussed the need to clarify the definition and uses of membrane structures. These structures are being erected all over town and need to be regulated.

Nonconforming uses.

C. Daigle explained that most towns do not allow one nonconforming use to change to another nonconforming use. The Board discussed nonconforming uses and that by not allowing them to change to another nonconforming use they are restricting the uses allowed on the property. They talked about the definition of some of the uses and how some are similar and should be allowed to change depending on the definition of the use. R. Ball stated that is why we have zoning regulations to regulate what is allowed in zones and if we continue to allow nonconforming uses to change to other nonconforming uses then they are defeating what zoning is trying to accomplish. C. Daigle stated that conforming uses are not allowed to be changed to a nonconforming use but we are allowing nonconforming uses to change to another nonconforming use. The Board agreed that to treat everyone equally than nonconforming uses cannot be changed to another nonconforming use without getting a variance.

Nonconforming Lots.

The Planning Board agreed to correct the wording of the preexisting nonconforming lot section.

Enforcement.

The Planning Board agreed to raise the maximum fine to what is specified by RSA 676:17.

Building Codes.

The Planning Board agreed to an article to authorize the Board of Selectmen to establish fees for Building permits. They will submit a copy of the proposed fees to the Board of Selectmen.

Reenact Prime Wetlands designation.

It was decided to wait on reestablishing the Prime Wetlands.

Setbacks from wetlands for parking lots.

The Board agreed to establish a 25’ setback from wetlands for parking lots.

STAFF REPORT:

A.        MEDICAL CARDS UPDATE:  The Board updated their medical cards.

B.        RICHARD GAGNE TAX LOT 238-004:    The chairman signed the Gagne subdivision plan.

C.        A.E. MITCHELL TAX LOT 217-096:  The Board signed the restricted use for the apartment in Mitchell’s self-storage facility.

ADJOURNMENT:

MOTION: On a motion by J. Pike, seconded by W. Brunkhardt, it was voted unanimously to adjourn at 9:30p.m. (6-0)

Respectfully submitted,