Moultonborough Planning Board Minutes June 25th, 2008

                  
                        Present:    Members:    Judy Ryerson, Natt King, Peter Wright, Eric Taussig
                                                            Jim Bakas
                       Excused:    Members:    Keith Nelson, Ed Charest (Selectmen’s Representative)   
                                       Alternates:     Joanne Coppinger, Gary Haracz,
                                                            James Gray (Selectmen’s Alternate)       

    Ms. Ryerson called the meeting to order at 7:30 PM.

I.    Approval of Minutes

                Motion:    Mr. Bakas moved to approve the Planning Board Minutes of June 11, 2008.   
                                Mr. Wright Seconded.
                                Motion Carried – Unanimously.

II.    New Submissions

    None presented.
       
III.    Boundary Line Adjustments

    None presented.
       
IV.    Hearings   

    1.    Kona, Inc. (215-14)(50 Jacobs Road)
           Continued Compliance Hearing

    It was noted for the record that there was no one present to represent Kona, Inc. this evening. Ms. Ryerson stated that this issue has been going on for quite some time. There was no one present representing Kona at the continued hearing on June 11, 2008. A letter was sent to Kona, Inc. and copied to their attorney Jeff Philpot. The letter stated that the nets must be removed, the tee mats removed, the distance signs removed and the posting of no trespassing signs, noting that any other associated paraphernalia must also be removed.

    Ms. Ryerson read into the record a memo dated June 25, 2008 from the Code Enforcement Officer (CEO) stating that the signs appear to be gone, but the nets behind Mr. Scott’s house in the woods were still lying on the ground.

    The board discussed the issue of the nets, noting that it was made very clear during the hearing and was stated in the letter that the nets be removed, not just dropped down to the ground.

    Abutter Linda Scott was present in the audience this evening representing her property and abutter Barbara Gardner. Mrs. Scott stated that she had walked the rear of her property, not crossing into the no trespassing area. Mrs. Scott stated that she could not see the net that was behind their leach field and could not see the others without having to cross onto Kona property.

    The board discussed that in general, the changes that have been made take away the appearance that there is a driving range, so that people are not encouraged to use it.

    Mr. King expressed his concern that the board had required the nets to be removed and feels that they should be removed. His recommendation was that the Planning Board send a letter to the Board of Selectmen (BoS) and act as the enforcing authority in the town regarding this issue. Mr. King questioned how many times does the board hold a compliance hearing on a property, just to be ignored. Mr. King would like to see the BoS levy a fine until such time they comply. Mr. King feels the board is setting a precedent, where they are continuously asking them to come in for a compliance hearing, and that is not good.

        Motion:    Mr. King moved that due to the reluctance on the applicants (Kona, Inc.) to comply
                        with their site plan, the Planning Board asks the Board of Selectmen to act the
                        enforcing agent for the town to see that it is done.

    Mr. Taussig commented that there isn’t anything on their site plan that states they can’t have the nets there and disagreed with Mr. King’s point. Kona did agree that the nets would be removed. They have lowered the nets and have made a reasonable effort to comply. If Kona wishes to store a net on their property by lowering it, having it subject to the elements, and if they ever would like to reopen they would need to by a new net. Does the board really care where the nets are? The problem was to stop having people driving golf balls, which seems to have been done at this time.

    Board Members Mr. Wright and Mr. Bakas noted that they were told to remove the nets and they should be removed. Ms. Ryerson noted the objective was to address the abutter’s problems, which seem to have been addressed. On the other hand, the board made a motion for the nets to be removed and they have not done so. Ms. Ryerson suggested one more letter to be sent to Kona, noting the signs have been removed, but the nets appear to be there and must be removed, and that if they have not been removed by the next meeting this matter will be forwarded to the BoS, asking them to proceed with enforcement action. Board members were in agreement with Ms. Ryerson to send one more letter to Kona, Inc.

    Mr. King withdrew his prior motion.

        Motion:    Mr. King moved to continue the compliance hearing for Kona, Inc. (215-14) to
                        July 9, 2008 and authorize the Land Use Office to send a letter to Kona, Inc. stating
                        that they are still out of compliance. They need to come into compliance by the next
                        meeting, and it is to be verified by the CEO that the nets are to be removed.
                        Mr. Bakas Seconded.
                        Motion Carried – Unanimously with Mr. Taussig abstaining.
   
V.     Informal Discussions

1) Kate Lancor requested to speak to the board on an informal basis regarding the James D. Sutherland Park, located on property of the Town of Moultonborough Tax Map 52 Lot 1.  Mrs. Lancor noted the BoS have implemented Adopt-A-Spot for the gardens on town properties. The Lions Club and Aubuchon Hardware have adopted Sutherland Park. Mrs. Lancor gave a brief history of the park, noting the location for the park was chosen because of the spectacular views of both the Sandwich Range and Berry Pond. Mrs. Lancor stated that the park to be a neglected jewel in the Town of Moultonborough. Presently there is very little one
can see of either due to the overgrowth of foliage, shrubs, etc due to several years of neglect. The proposal to the board as part of Adopt-A-Spot is to bring Sutherland Park back to the jewel it was meant to be. Mrs. Lancor  is looking for the blessing of the board to complete their proposal to return the park to a thing of beauty. They understand the importance of proper preservation and management of wetlands and stated they have no intention of chopping down trees and shrubs, but to trim and prune back much of the vegetation to create a hedge row along the rear of the stone wall, on the pond side of the park, making the Sandwich Range and Berry Pond visible again. They also propose the addition of two Rest Area signs to be placed on both sides of Route 25 identifying the park.
Ms. Ryerson stated that unfortunately the board can not give their blessing of the project as it is not within the jurisdiction of the Planning Board. Ms. Ryerson stated this would require approval from the NH DES, noting the site was previously in violation with the NH DES due to cutting all the vegetation. Ms. Ryerson stated that she feels the project is something that could be approved by NH DES with the proper guidance from the state. Ms. Ryerson offered to contact “Jeff”, a shoreline specialist from DES and work with Mrs. Lancor in obtaining the necessary approvals to complete the project as proposed. Mrs. Lancor thanked the board for their direction to continue with preserving the views from Sutherland Park.

VI.     Unfinished Business

VII.    Other Business/Correspondence

1) An application For and Notice of Voluntary Merger for the Ogden Family Trust (198-28 & 199-35)
was presented to the board. It was noted that there is one dwelling located on Tax Map 198 Lot 28, and that
Tax Map 199 Lot 35 is undeveloped.

        Motion:    Mr. King moved to approve the Voluntary Merger for Ogden Family Trust (198-28 & 199-35).
                        Mr. Bakas Seconded.
                        Motion Carried – Unanimously.

2) Ms. Ryerson noted a letter received June 24, 2008 from J. Peter Hare regarding Bar Harbor Investments,
Inc. Mr. Hare thanked the board for their attention to their request, additionally authorizing a prospective
purchaser to pursue a specific site plan proposal before the board. Ms. Ryerson noted that BHI has filed an
Appeal of An Administrative Decision with the ZBA appealing the decision made by the PB on May 28th.

3) Ms. Ryerson noted that a letter was left on the meeting desk earlier this evening from The Mount Roberts
Alliance noting their concerns regarding Lakes Region Water Co., Inc. (LRW) The letter will become part
of the record for Lakes Region Water Co., Inc. Also included in the board member’s packets was a copy of a
letter addressed to the BoS dated June 12, 2008 with assorted material and maps associated with property of
Lakes Region Water Co., Inc. Tax Map 71 Lot 1, (formerly 83-12B). Ms. Ryerson briefly described the
material, noting the board approved a site plan for LRW. Noted was a letter dated June 9, 2008 addressed to
the BoS from the Code Enforcement Officer. In his letter the CEO noted he had inspected Tax Map 71 Lot 1,
and found that some of the sideline buffer had been removed and that there now is a driveway connecting
Tax Map 71 Lots 1 & 6. For that reason, it was the recommendation that the PB call a compliance hearing on
Tax Map 71 Lot 1, and conduct an on-site visit of the property for violations of the approved site plan. 
Mr. King noted his concerns regarding the well that has been installed on Tax Map 71 Lot 6. While LRW is a
relatively small regional company there is always the possibility of the company being bought out by a larger
company that could lead to further issues at a later date.
The board discussed the fact that the commercial water line was recently installed up the driveway and on 
Tax Map 71 Lot 6, which would require an approval from the ZBA for a special exception and site plan
approval from the PB. The board questioned what vehicle they have to address Tax Map 71 Lot 6.

    Motion:    Mr. King moved to schedule a compliance hearing for Lakes Region Water Co.,
                    Inc. (71-1) for July 9, 2008, for the removal of the sideline buffer and the
                   installation of a driveway from Tax Map 71 Lot 1 to Tax Map 71 Lot 6.
                   Mr. Bakas Seconded.
                    Motion Carried – Unanimously.
   
    The board discussed Tax Map 71 Lot 6 and how they may address the improvements that have been
made to the site, as there has been no special exception granted or site plan approval by the PB. It was the
decision of the board to send a letter to the BoS and ask that this be enforced through the Code Enforcement
Office.

    Motion:    Mr. King made a motion that the Planning Board send a letter to the Board of
                Selectmen, as the enforcing authority in the Town of Moultonborough, to direct
                the Lakes Region Water Co., Inc. to Cease and Desist from any operations other
                than residential uses on Tax Map 71 Lot 6, and that they come before the
                appropriate land use boards for the required approvals.
                Mr. Bakas Seconded.
                Motion Carried – Unanimously.           

4) Mr. King noted that he would be attending the BoS meeting on June 26th, and if any questions were
raised regarding the PB’s position on the Mason lot, would the board like him to reiterate what was discussed
earlier this evening. Ms. Ryerson noted that she will also be attending the BoS meeting and would be happy
to share what was discussed with the BoS. Mr. King stated that he was very sensitive, and makes it very clear
when he speaks, that he is not there as a representative of the Planning Board. If asked, Mr. King or Ms.
Ryerson may reiterate the position of the Planning Board regarding the Mason lot as discussed this evening.

5) Municipal Records Committee Meeting Minutes of June 17, 2008 were noted.

6) Selectmen’s Draft Minutes of June 12, 2008 were noted.

VIII.    Committee Reports

1) Ms. Ryerson noted that a committee of the Master Plan Update had met earlier today. It was noted that
in recent hearings it has been suggested that the Town of Moultonborough should have some sort of Design
Guidelines for Commercial Buildings in our Site Plan Regulations. Ms. Ryerson noted that she had passed
out a tentative idea last week for members to review and think about. Ms. Ryerson went on to say that she
had expanded on the language and provided this language to the board, noting amendments could also be
made to the zoning ordinance, but not until March. The board is able to make design guideline changes to our
site plan regulations now, when a properly notice public hearing is held. The hand out was reviewed by the
board and Ms. Ryerson questioned if this was language the board felt comfortable drafting or if this were
something that and outside consultant could prepare for the board. It was the decision of the board to
authorize Ms. Ryerson to have the language crafted by an outside firm for completion in a timely manner.

    Motion:    Mr. King moved to authorize the Chairperson to work with MRI on language
                    relative to Design Guidelines for Commercial Buildings.
                    Mr. Bakas Seconded.
                    Motion Carried – Unanimously.

    The board further expressed their concerns and ideas relative to design guidelines and the location of
parking for commercial sites.

    Motion:    Mr. King moved to extend the authorization for the Chairperson to work with
                    MRI, Lakes Region Planning Commission or any other resource that she
                    finds appropriate to develop the guidelines.
                    Mr. Bakas Seconded.
                    Motion Carried – Unanimously.

2) Ms. Ryerson noted her draft memo to the Town Administrator regarding the disposal of land. There was
only one minor change made. The memo will be sent to the Town Administrator for the BoS meeting on
Thursday.

IX.    Adjournment

                    Motion:    Mr. King moved to Adjourn at 8:45 P.M.
                                    Mr. Wright Seconded.

                                    Motion Carried - Unanimously.