Thursday, August 11, :00 p.m. at the Academy Building

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1 Town of Gilmanton, New Hampshire Gilmanton Planning Board Academy Building, 503 Province Road PO Box 550 Gilmanton, New Hampshire Phone: (603) Fax: (603) Minutes Wayne Ogni, Chair Marty Martindale, Vice Chair Bill Mahoney, Member Roy Buttrick, Member John Weston, Member Justin Caldon, Member Steve McCormack, Alternate Steve McWhinnie, Selectmen Rep Mike Jean, Alt Selectmen Rep Mark Fougere, Certified Planner Diane Marden Planning Admin APPROVED Thursday, August 11, :00 p.m. at the Academy Building The Gilmanton Planning Board met on Thursday, August 11, Chairman Wayne Ogni called the meeting to order at 7:05 p.m. introduced himself as well as the Board. Members Present: Roy Buttrick, Bill Mahoney, Marty Martindale, Steve McCormack, John Weston, T. Justin Caldon (arriving at 7:20 p.m.) and Selectmen s Representative Steve McWhinnie. Also present was Diane Marden, Planning Administrator Members of the public included: Brett Currier, Brenda Currier, Leonard Swanson, Gary Anderson, Melissa Anderson, Mark Sisti, Grace Sisti, Jane Sisti, Betty Abbott, Nate Abbott, Marshall Bishop, Michael Jean, Michael Hancock, and Don Guarino. Minutes of July 14, 2016 Chairman Wayne Ogni asked Planning Board members to review the minutes of July 14, 2016 for any errors or omissions. Marty Martindale made the motion to accept the minutes of July 14, 2016, seconded by Selectmen s Representative, Steve McWhinnie. Chair Ogni called for a vote to accept the minutes of July 14, Motion to accept the minute s passes on a vote of 6-1. Roy Buttrick abstains, as he was not present at this meeting. Public Hearings Application # Change of Use submitted by Gary Anderson of Bear Investments, LLC to operate Bear Auto NH, a used-car retail business, utilizing office space in Unit #2 and outdoor display at 136 NH Rte 106, Map 421, Lot 018 in the Business Zone. Discussion: Louise Knee spoke on behalf of Gary and Melissa Anderson explaining the history of the property and its former owner of the Accordion Connection. Ms. Knee stated the Planning Board last month had approved unit three as the Chic Dog Hotel for the 45-dog care center. Since the approval, Mr. & Mrs. Anderson have purchased the building. They have created three

2 units within the structure. Ms. Knee continued to say they would be occupying unit number two, using it as an office for the used car sales business. Currently, unit one is used by the Accordion Connection for at least another six months. Ms. Knee stated relative to the change of use asking to park vehicles in the front property line and to park vehicles in the front setbacks. Ms. Knee continued to explain the property originally had been approve for 80 parking spaces, but at least half of that was in the rear of the building. Mr. Anderson would like to cut the trees in the area of the front property line. He is also asking for permission to park the vehicles in setback of the property in the front of the building. Ms. Knee stated the planning board had previously been in agreement with this as long as no signs are placed within this area. The Planning Board had decided to allow fact sheets to be placed on the windows of the vehicles. Ms. Knee asked planning board members if they had any further questions. Chairman Wayne Ogni asked about the setback. Ms. Knee stated there is a 35ft. setback that he would like to put gravel down once the brush is cleared away to park the vehicles upon that area giving the vehicles more visibility from Rt. 106 because there is a 50ft. right-of-way. Chairman Ogni asked if vehicles would be parked in the right-of-way? Ms. Knee stated, No, the state would not allow that. This area would be closer towards Allen s Mills Road, rather than Rt Steve McCormack asked exactly what would be going into the septic? Ms. Knee stated approximately two employees is all he will need. Mr. McCormack stated there would be no need for chemicals, materials, or fluids being dumped in the septic system. Ms. Knee stated no, there would be no fluids from repairs or maintenance of vehicles done on the property; it would strictly be the sales of vehicles. Roy Buttrick commented that he would have the flow on the septic broken down unit by unit, so to document it on paper to cover anything that may come up later down the road. Ms. Knee stated the plans of the septic can be found on the DES website. Chairman Ogni asked if there were any more questions from planning board members. None of the board members had any additional question, Mr. Ogni asked for public discussion, asking anyone who wished to speak may do so, after stating their name. Don Guarino asked if the design showed any details pertaining to lighting? Ms. Knee stated no need to have additional lighting, as the business will not be operating at night. Stating there is currently a pole light on Allens Mills Road, and a small light illuminating a flower garden on the property. Louise Knee stated one other item is that the business has never had more than two businesses on site, nor have they had a need to have signs up until now to identify each unit. She continued they would like to place signs under the currently present lighting to identify Page 2 of 5

3 each unit individually. Chairman Ogni again asked members of the public if they had any additional questions, no additional question were asked. Roy Buttrick asked if anyone has notified the state pertaining to a change of use? Ms. Knee stated a letter has been written to the state letting them know about the change of use and it is currently in the process of being reviewed. Ms. Knee stated Mr. Anderson would need a building permit to reinforce the sign for structural integrity that is currently on the property. Chairman Ogni asked for a motion to accept the Application # for a Change of Use submitted by Gary Anderson of Bear Investments, LLC to operate Bear Auto NH, a used-car retail business, utilizing office space in Unit #2 and outdoor display at 136 NH Rte 106, Map 421, Lot 018 in the Business Zone. Steve McWinnie made the motion to accept the change of use submitted by Gary Anderson of Bear Investments, LLC to operate Bear Auto NH, a used- car retail business. Roy Buttrick seconded the motion. Motion passed on a vote of 8-0. Conceptual Consultation- None Upcoming Business Application # Minor Subdivision submitted by Charles Umanita to divide a 20 acre parcel into 2 lots at 293 Crystal Lake Road, Map 111, Lot 003 currently owned by Charles and Rose Umanita. Discussion: Louise Knee stated the minor subdivision application has not yet been received. Chairman Ogni stated we would skip over this for now, as no one is present to discuss the application. Ms. Knee stated there is an odd number and shape of the front of the lot. The board skipped over discussion on this application. Capital Improvement Plan (CIP) Update Chairman Ogni stated the CIP met on Thursday, August 4, 2016 and the board has requested that the department heads come in to discuss their needs. The next meeting of the CIP will be held on Thursday, August 25, 2016 at 7:00 p.m. upstairs in the meeting room of the Academy Building. Other Business Brenda and Brett Currier submitted A Right-To-Know Request relative to The Winery update. Chairman Ogni stated he spoke to Attorney Paul Fitzgerald regarding the use of the Winery and both agree that the winery can be used as a function hall and winery tasting. Although, it cannot be used as a restaurant at this time. Chair, Ogni stated the attorney would send a letter to Marshall Bishop explaining the circumstances. Chairman, Ogni continued to Page 3 of 5

4 explain it is the intent of the board to get this all straightened out. Marshall Bishop explained he wanted that too, but he did not understand why the planning board granted a dining hall. Mr. Bishop stated he has been operating for 6 years now, and all the sudden he is not doing what he is supposed to. Mr. Bishop stated he is more than willing to take care whatever it may be that he may be doing wrong. Mr. Bishop thanked the board for doing the job that they do. Brenda Currier commented she was supposed to be on the agenda to speak. The Chairman stated she is on the agenda notifying the Planning Board had received a Right-to-Know Request submitted by the Currier s. Brenda stated she would like to speak if she could. The Chairman allowed her to speak to the board. Mrs. Currier stated she started inquiring about signs, upon learning about the signs, she had discovered issues. She continued to say that the plans were never signed or recorded therefore, making any and all activity on the property null and void. Mrs. Currier stated the letter that says, granted with these conditions had not been recorded. Mrs. Currier stated none of the conditions were complied with, including not going to the Zoning Board. Chairman Ogni stated no one is pretending that these issues do not exist. Brett Currier stated this is a matter of right and wrong. Taxpayers were asked do you want restaurants in the rural zone? The majority of taxpayers cast their votes stating NO. Mr. Currier stated it is not his fault someone decided to put a restaurant in a rural zone, he wants to know what it takes to get a cease and deist something that is illegal. Mr. Currier stated if I am told I need an eye test before driving, and then I drive anyway they do not allow me to continue to drive. Mr. Currier stated the Selectmen should have shut this down. Nate Abbott introduced himself as a former Selectmen from , and commented that the Town does give some leeway to residents who have been found in violation of Town Ordinances. Mr. Abbott stated a taxpayer who had not applied for a driveway permit had paved their driveway without a permit, and when the Selectmen found out about this, they met with the taxpayer (not to have them tear it out) but to rectify the error by coming into compliance. The Town gives leeway to those who are by at large complying lawfully, and who are not causing any harm to neighbors or friends. Mr. Abbott stated he thinks that everyone in this situation should be allowed to comply complicity within those ordinances. Vice Chairman, Marty Martindale explained to Brett Currier that his perception of not having a restaurant in a rural zone is understandable explaining that he too perceived some of the same things, although after considering many of the ordinances have been written by attorneys and they leave some things open for interpretation. Page 4 of 5

5 Brenda Currier asked if a variance or special exception would be needed from the Zoning Board? Vice Chair, Martindale stated even though it states you cannot have a restaurant in a rural zone, what it actually means is you cannot unless you have a variance. Vice Chair, Martindale stated the Planning Board is aware of this issue, and that an attorney has been contacted relative to the issue with Mr. Bishop to resolve or correct the issue or he will cease and desist. Mr. Martindale stated once we have the feedback from the attorney the planning board will let you know how we will proceed in the matter. Brenda Currier stated ok. Chairman Ogni stated the board can not tell you any more at this time as they are waiting for the attorney to get back to the board. Mark Sisti addressed planning board members stating he thinks the board is handling these things well. Mr. Sisti stated he thinks the Towns people appreciate that. Mr. Sisti stated the one thing the town is lacking is a tax base. Mr. Sisti stated he feels the Currier s had and excellent point, but he being an attorney also understands the other side as well. He thanked them for a good job. Chairman Ogni stated one last comment relative to the new Planning Administrator, Diane Marden stating he feels she is doing a good job. Ms. Marden thanked him. Zoning Ordinance 2017 Proposed Amendments Planning Administrator, Diane Marden stated Annette Andreozzi wanted to meet the Chairman Wayne Ogni to discuss the 2017 Proposed Zoning Ordinance Amendments on the following dates 8/12, 8/18, 8/19 between the hours of 9 a.m. and 4:30 p.m. Chairman Ogni asked the Administrator to tell Ms. Andreozzi that he would give her a call. Adjournment Marty Martingale made the motion to adjourn at 7:55 p.m. Steve McWinnie seconded the motion. Motion passed on a vote of 8-0. Respectfully Submitted Diane Marden, Planning Administrator Authorized by Date: Wayne Ogni, Chairman Page 5 of 5