Planning Board                                                                           

BARNSTEAD PLANNING BOARD

THURSDAY JUNE 17, 2010

TOWN HALL @ 7:00 P.M.

WORK SESSION

MINUTES

Planning Board Minutes from 6/17/10 Meeting

Approved as Written 7/1/10

SITE WALK @ 6:30 P.M. - OSG Paintball 38 Cooke Road

ROLL CALL: David Murley, chairman, William Evans, vice-chair, Michael Kowalski, secretary, Andy Houle, selectmen’s rep. Nancy Carr, Amy Jennings, Clarke Goodrich, Christopher Carazzo, alternate, James Fougere, alternate and Paula Vardaro, recording secretary.

Also present: David Preston, Gordon Preston, Elaine Swinford, Allan Glassman, Brian White and Karen Schacht

David Preston told the Board – under his attorney’s advisement – The Board would not be allowed to walk the wooded part of the playing area. The only part they could walk through is what was visible from the parking lot on North Barnstead Rd. – the ship, lighthouse, boats, etc.

David Preston went through the history of the paintball playing area with the Board starting with the initial approval from the ZBA for a special exception. He explained the additional square footage that was requested and approved, through a site plan review, in 2000 and 2002 from the Planning Board. He pointed out playing fields that were eliminated which actually reduced the playing area by 2,600 square feet.

David Murley told him that in 2004 he was asked to submit an amended site plan because he intended to add junk cars. These cars were not on the original site plan. He added that the only reason they are pursuing this is because a complaint has been filed.

David Preston stated that he has done nothing wrong.

They discussed the hours and days of operation.

David Murley asked about the concession stands.

Andy Houle said they needed a vendor’s license from the Town to operate.

David Preston said that all of his vendors had State licenses.

The Board proceeded to walk through the two story ship.

David Preston told them that they had referees at all times monitoring the games. Only 10 people are allowed on the ship at one time. There are clearly “up” stairs and “down” stairs.

The Board viewed the lighthouse, the boats and the wooden props, while David Preston explained how the games were played.

The Board reconvened at the Town Hall at 7:30 P.M.

CONCEPTUAL CONSULTATION:

MAUREEN HOPKINS – GLOBAL TOWERS & AT&T WIRELESS

Maureen Hopkins introduced herself from Global Tower Partners and Brian Allen from AT & T Wireless. She said they are entering into an agreement with Kenneth and Dorothy Carr at 26 Hartshorn Road. She explained that they would be leasing an area with a 30’ wide utility easement. All the utilities will be underground. She gave the Board members a hand out with diagrams of the location of the proposed tower, showing the access and utility easement, the grading plan, the storm water drainage plan, tower elevation and site layout plan.

Chris Carazzo asked about the natural wetlands going through the driveway.

Maureen Hopkins agreed that there are wetlands.

Andy Houle questioned the wind load.

Brian Allen answered that it would depend on how close they are to the coast, but it really wasn’t an issue.

Maureen Hopkins said they are designed to withstand very high winds and are built according to the manufacturer.

Clarke Goodrich asked if they were self supporting.

Maureen Hopkins said yes they are.

Chris Carazzo asked if they were going to install a Knox box.

 Maureen Hopkins said yes on the gate and a key will be provided to the Fire Department. She added that there will also be a chain-link fence with barb wire on the top.

David Murley informed them that they will need to apply for three permits – the tower, the cement box and the fence. He added that any fence over 6 feet needs an engineered stamp of approval. David Murley asked about a culvert for Hartshorn Road - it appears that they would need one.

Chris Carazzo agreed that a culvert is needed.

David Murley asked if they have taken pictures.

Maureen Hopkins said they have floated the balloon and took aerial photos which she showed the Board.

They discussed the cement base and it being about 6” above ground.

Chris Carazzo asked for them to show the culvert on the plans as well as obtain a driveway permit.

David Murley told them a 911 number would also be needed.

They discussed the lighting issue.

Maureen Hopkins said only the FAA has discretion on the lighting and right now they were told they don’t need any lights for the tower.

Chris Carazzo, looking at the plans, asked about the erosion stone.

David Murley said the plans were printed backwards – it needs to be reversed on the plans.

Brian Allen said they would fix that problem before they obtained a wetlands permit.

Maureen Hopkins said they would be submitting the application very soon.

The Board went back to discussing OSG.

Chris Carazzo asked if David Preston was on the agenda for July.

Paula Vardaro said no a site plan hasn’t been submitted, but she put him on the agenda under old business.

Michael Kowalski stated that we should tell him specifically just what he needs to apply for, the previous site plans do not address the selling of food. He wasn’t sure what else David Preston needs to apply for.

Chris Carazzo said the Planning Board is not the code enforcement. He questioned what action has been taken against Fuzza Freeze and Trailer Tom on Wes Locke Road. That property has changed a great deal. They came in to the Board in March, but we haven’t received any site plan. We should be following up on that also. He compared this with OSG changes.

Paula Vardaro told the Board she spoke with Fuzza Freeze and he said he would be turning in the site plan review packet by the end of next week.

Amy Jennings commented that in 2004 OSG was asked to turn in a revised site plan review but there was no follow up with him. How do we move forward from here? Why can’t he just turn in the revised site plan review?

Michael Kowalski said David Preston did a good job in submitting the three previous site plans.

Amy Jennings stated that David Preston reduced his playing area – so that doesn’t need a site plan. The food and the hours of operation do from what she could tell.

James Fougere questioned a vendor’s license.

Andy Houle said they needed a license from the State and they have to come to the Selectmen and acquire a peddler’s license.

Clarke Goodrich asked if the Health Inspector needed to inspect. It has nothing to do with the State license.

William Evans said yes the Health officer needs to inspect.

David Murley said the site plan review is needed to reflect what they are doing. If they have more people they need to amend the plan.

William Evans said he spoke with Geoff Fossett regarding the structures. He was going to call the State Fire Marshall on a ruling on just what a structure is.

David Murley said they are not props – you don’t run up and down the stairs on props.

Michael Kowalski said there is definitely a difference of opinion. He felt that ladders and stairs are definitely used in props. If the State Fire Marshall comes in and makes a determination why do we need any other opinion- where does it end?

William Evans added that we might say this is what he needs for permits, but the State Fire Marshall would come in and say no you need more or you don’t need them at all.

Andy Houle objected to the fact the State Fire Marshall was called.

David Murley said the State Fire Marshall rules over amusement parks.

They discussed the existing site plans and the original one from 1991.

Andy Houle asked what we were actually looking for from David Preston.

Chris Carazzo said the Board is looking for the hours and days of operation, the play fields, the number of people, props, food and signs.

Andy Houle agreed that was all it should be.

Amy Jennings agreed that there were too many signs.

David Murley added that the current sign ordinance doesn’t allow any off-site signs. He added that signs would be a separate issue.

Paula Vardaro handed out specification regarding permits and structures according to the IBC. She told them that Geoff Fossett wanted the Board to have the definitions and explanations.

Clarke Goodrich read the paragraph regarding permits, construction, occupancy etc. He also read what permits were not needed. He felt the only permit that might be required would be the ship. We should have two columns one stating what he has and column two what he actually needs. It’s simple deduction.

They discussed the woods as a play area and the fields and when they were applied for.

David Murley said the time line he made out was without the first application.        

Michael Kowalski stated that the application in 2002 had incorrect information regarding the acreage – it was human error he should have added the square footage to the existing playing field.

Clarke Goodrich asked where the castle was located.

He was told it was in the woods.

Michael Kowalski added that David Preston thought he was attacked by the Planning Board. If we had attacked this in a different way he felt David Preston would have worked with us better.

Andy Houle wanted to discuss the letter that was sent to David Preston. None of the Board knew David Preston was asked to appear before the Board at the last meeting. He stated that proper procedure was not followed. The Board didn’t know that a letter was even sent to David Preston. There should have been a discussion before the letter was sent.

Chris Carazzo questioned the original parking, the road and the culverts being put in.

Michael Kowalski stated that when David Preston came before the Zoning Board in 1991 only one member went to the property for a site walk, which was Jeff Young. He met with Gordon Preston who explained the driveway on Cooke Road.

They discussed the neighbor’s driveway across the street and its location.

Michael Kowalski stated that the neighbor’s knew what was across the street from them when they purchased the property.

William Evans and Andy Houle discussed the Cherne’s complaint and their visit to the selectmen’s office.

Andy Houle commented on the Planning Boards meeting June 3rd and how some people were allowed to speak and others were not. Andy Houle stated all we should have done, was ask David Preston to come in and fill out an amended application.

Nancy Carr commented it was this kind of B.S. that scares businesses out.

Andy Houle agreed.

William Evans disagreed he thought that was overstating it.

Chris Carazzo also asked if road counts could be done. He also would like to see the number of people, the current footprint of the fields which should be identified and all the parking area. He would like to see the actual facts.

William Evans said some of the issues like the ATV’s and traffic are not Planning Board issues.

Clarke Goodrich said the Planning Board has to be specific in what they are asking David Preston to amend his site plan with.

Amy Jennings stated all we are asking for is the changes that have been made the hours and days of operation, food, number of people - originally had 30, no signage, no structures on original application. Do we list them as structures or props?

Andy Houle said props.

David Murley said he would wait until the State Fire Marshall gave his decision. We should have a ruling in a few days.

Andy Houle asked who contacted the State Fire Marshall’s office.

David Murley said Geoff Fossett did at his request.

Andy Houle stated that he had no right to contact that office without the direction of the selectmen’s authorization. He is under their jurisdiction.

Amy Jennings said that David Preston would just have to complete the forms.

Chris Carazzo said the number of cars and the number of people, buildings and the footprint, (what’s been approved).

Amy Jennings said all we are asking is for an update on what’s there and any subsequent changes he has made.

Chris Carazzo reminded the Board at the site walk – David Preston pointed out the grassy area that has been reduced is going to be the new overflow of play area as needed. If he’s going to use this he should state this.

Michael Kowalski asked why the Board can’t make the determination by the IBC codes. If the State Fire Marshall rules - then the Planning Board should be disbanded.

Andy Houle stated that the Planning Board picks on people. He stated that some of the Planning Board members are prejudice – maybe they would be picking on him later. He felt that the Board should have the power to decide if a structure is a prop.

Amy Jennings added that we would be crippling his business if we didn’t allow him to rotate his props, like the ship.

Michael Kowalski said there were no violations from his insurance company which happens to be Lloyds of London. Michael Kowalski produced a paper from David Preston showing his record for the last three years. He added that he knew how the State Fire Marshalls office worked - if they felt different on any given day that would be the answer you got which shouldn’t be the case.

James Fougere asked what if the State Fire Marshall came back and said the ship needed a permit.

David Murley stated again that the State Fire Marshall oversees all amusement parks – it’s for their own protection. He checks to see if the floors are safe as well as the stairs and they are designed by an engineer.

Andy Houle again stated that this Board should have the say not the Fire Marshall.

William Evans reminded the Board that they adopted the State Law by reference and that pertains to the State.

Andy Houle asked what was the sense of having this Board if they can’t make their own decisions.

Clarke Goodrich said that their decisions are based on what the Sate Fire Marshall says.

David Murley said he asked Geoff Fossett to call the Fire Marshall’s office and get a ruling.

Andy Houle stated half of the Planning Board is so anti-business. He referenced the new business coming into town, stating that if it fell through the Planning Board was to blame. That would cost the town 150-200 jobs.

David Murley continued – Red Ink Investments – Paula Vardaro told them that Fuzza Freeze is supposed to submit the application by the end of next week. She asked if a letter is sent to him does the Board want to view it first.

Michael Kowalski stated that it’s only fair to every Board member that they see every letter that is sent out. We should review them at a work session.

Paula Vardaro said that the letter was sent to David Preston in haste because of the timing issue. We wanted to get him into see the Board quickly and quietly. She agreed that all letters would be e-mailed to the Board members before they’re sent out.

CODE ENFORCEMENT: David Murley stated that there would not be any enforcement of the sign ordinance this year. The goal this year will be to talk with the people and hopefully they will realize the change in the ordinance would help them.

Michael Kowalski he has spoken with someone that has been opposed to the sign ordinance and will be meeting with him shortly.

The Board had a discussion about the off-site signs.

OLD BUSINESS: William Evans said that Fuzza Freeze needs to submit an amended site plan if not he reverts back to the original site plan. William Evans told Chris Carazzo that a letter should be written by Geoff Fossett addressing the issue at Wes Locke Road and sent to Fuzza Freeze with a dead line, if he does not meet the deadline then a cease and desist notice will be placed on the property.

They discussed the letters that were sent by Paul Richardson and Bob Flanders.

Nancy Carr questioned when the complaint was made and suggested that we receive the complaints in writing.

Chris Carazzo stated that the letter should have been sent out a month ago. The Board talked about it when Geoff Fossett became Code Enforcement Officer.

Paula Vardaro asked Andy Houle if Geoff Fossett can write the letter on his own to Fuzza Freeze or does it have to go to the Selectmen first.

Andy Houle said to put it in a memo for them and they would address every issue.

David Murley said the cease and desist has to be issued by Geoff Fossett.

Chris Carazzo stated that the order should come from the Planning Board.

Andy Houle said no, Geoff Fossett has to come before the select board for his directions.

ADJOURNMENT: William Evans made a motion to adjourn the meeting.

Chris Carazzo seconded the motion.

David Murley adjourned the meeting at 9:10 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD

THURSDAY JUNE 3, 2010

TOWN HALL @ 7:00 P.M.

MINUTES

Planning Board Minutes from 6/3/10 Meeting

Approved as Written 7/1/10

CALL TO ORDER: William Evans, vice-chair, called the meeting to order at 7:00 P.M.

ROLL CALL: William Evans, vice-chair, Michael Kowalski, secretary, Andy Houle, selectmen’s rep. Clarke Goodrich, Nancy Carr, Amy Jennings, Christopher Carazzo, alternate, James Fougere, alternate and Paula Vardaro, recording secretary

William Evans asked James Fougere to sit in for David Murley

CONCEPTUAL CONSULTATION:

MAUREEN HOPKINS – GLOBAL TOWERS & AT&T WIRELESS: Maureen Hopkins Introduced herself from Global Tower partners and Brian Allen from AT&T wireless.

She told the Board that they are entering into an agreement with Kenneth and Dorothy Carr, Map 2, Lot 54, 26 Hartshorn Road. They are proposing a 190’ lattice style tower. As the tower developers they will be leasing the space to various wireless carriers, AT&T will be their first carrier. The tower will be able to accommodate up to five carriers. She asked what the application procedure would be.  

William Evans commented that in 1991 MCI proposed a tower, which the Planning Board approved with conditions. He asked if there will be a lease.

Maureen Hopkins said yes, they are leasing a 100’ x 100’ square area and they have secured an easement with the utility service.

Andy Houle asked about the taxes.

William Evans said that was an assessing issue. He added that the MCI approval was voted down by Farmington so they never did receive the benefit for taxes on that. William Evans continued that a non-residential site application and a topo of the area as well as the rendering of what the site would look like would be needed. A photo simulation would be helpful.

Maureen Hopkins questioned the location of the pictures to be taken.

William Evans said – where it is visible. He asked what the elevation was.

Maureen Hopkins said the elevation from the base is 630 feet.

William Evans said we have a registered FAA airfield so he thought they would have to register with them.

Maureen Hopkins agreed that they do have to register with them and will do that and they would install lights if that was needed.

William Evans again referred to the MCI project and said that the emergency responders would have to take additional training. This is something that might be taken up with the new Fire Chief.

The normal site plan review application should be straight forward with the addition of the topo.

Christopher Carazzo commented that he would like to see actual pictures.

William Evans asked if they needed to obtain both State and Federal permits.

Maureen Hopkins said no, but the tower itself had to be registered with the FAA. No other approvals or permits are required.

Brian Allen asked about the abutters list from surrounding towns.

Paula Vardaro told him the towns within a 20 mile site radius would have to be sent a notice and she had the list in the office.

Clarke Goodrich questioned the height of the tower being 190’, was this above the elevation of 630’. He also asked about the easements by the power company.

Maureen Hopkins said the easements would be acquired by the separate utility companies. There would be single phase, 6 gang and have their own easement.

William Evans told her that they could pick up a packet at the office. The work session is scheduled for June 17th so if they want to come they could bring any sketches they would like the Board to see. William Evans told her that as long as it stays conceptual then its non binding. When the application is submitted then it will have to be presented to the Board.

NEW BUSINESS: David Preston from OSG Paintball.

William Evans told him that this was not a permit hearing it was a discussion of the requirements and we don’t hold public hearings until we have the applicant’s application and it’s worked through the process so there will not be any public comments tonight. What we may entertain at the end would be compliance and enforcement issues with Geoffrey Fossett the code enforcement officer.

David Preston asked if he could make a statement. He read a prepared speech regarding his childhood here in Barnstead, his part in the community, volunteering to pick up trash along the roadside.

William Evans stopped him stating that was not the issue tonight but would give him only two more minutes.

David Preston continued after the floods came he helped with the roads. After the tornado he helped with the trees and debris. He felt OSG was a benefit to the town and money was spent locally. He added that he was aware of the slanderous letters that his neighbor has been circulating.

William Evans said we have to go back to what the current permit allows.

David Preston handed out a letter addressing the articles and sections that were cited in the letter he received from Dave Murley on May 19, 2010. It is as follows:

1. “In regards to Zoning Ordinance, Article 8, Section 8-1, OSG Paintball is not a new business in the town of Barnstead. We have been operating our paintball park and employing NH residents with approval from the town and the state for 17 years.

2. In regards to Section 8-1.03, there has been no significant change in the size or nature of our business. We only operate on the areas designated by the town and state. We have, in fact, reduced the total playing area of the Paintball Park by 2,800 square feet, by removing two speedball fields and replacing them with one pirate-themed scenario field. This project began in May 2009. The newly purchased property at 27 Cooke Road is not visible from this field or from any other field at the park. Per request of the former owners of this property, the Whinns, I planted 150 shade trees, approximately 125 trees survived. I also put up “OSG Paintball 500 Feet” signs on either side of our entrance. I have always been open to any reasonable request by any neighbor, as you can see. Additionally, after the 2006 Concord Monitor article, “Building a Bigger Playground,” the town Planning Board asked me to come before them and to discuss the newly renovated castle and for possible habitable buildings. Fields come and go; it was time for the 3-story castle to go, and the new rampart-style castle to be constructed. At the July 2006 Planning Board meeting, the matter was discussed and settled. The Planning Board was in agreement that our scenario props and set piece facades were not classified as buildings or accessory structures. OSG is a playground for children and adults alike ranging from 12 to 75 years old. We have not purchased or expanded unto any land that was not originally discussed with the Planning Board and re-discussed in July 2006.

In regards to the 2009 International Building Code, OSG has not been constructing any “buildings” or “accessory structures” as designated by 2006 or 2009 codes (i.e. buildings and structures with septic, plumbing, electricity, gas, internet, telephone, use for storage or habitation). Our facades are paintball scenario props and we regularly redesign our scenario fields for customers’ enjoyment.”

William Evans agreed that the Paintball Park has brought business to the town – that was not the question. In 2006 there was discussion, but no formal application was filed.

David Preston stated that it was four years ago. If there was an issue why hasn’t the Board approached him sooner?

William Evans stated that there wasn’t any formal application filed four years ago.

David Preston said he wasn’t adding any building structures.

William Evans said the last amendment the Board has is in 2002 which only allows two small playing fields.

David Preston showed the map with the fields, playing area and the parking lot. He stated that he put up 20’ high netting around the pirate ship which he insurance company insists on.

William Evans said the original application stated days of operation were Saturdays and Sundays. Now it appears that it has generated more hours than that.

David Preston said he allows the ROTC as well as the Army to do some training there. They usually come up on a Monday or a Friday.

William Evans asked how many scheduled events do they have.

David Preston said there are 4 main events with bring your own paintballs.

William Evans asked if events are scheduled during the week.

David Preston said no only if the field is rented out for parties or training.

Clarke Goodrich asked if he ever had an approved written plan by the Planning Board.

David Preston said yes in 1993 with the outlines of days, times, and hours of operation.

Clarke Goodrich asked if he ever submitted and had received approval for any changes to the field.

David Preston said yes in 2002 he received approval for the changes in the field

Clarke Goodrich asked if there were any changes to the site since the 2002 approval.

David Preston said no he hasn’t. He said he built the ship which was cited in a magazine and newspaper article. He showed the Board one of the articles. He added that the insurance company audits him and gets an inspection report every month, and he has to do weekly inspections.

Clarke Goodrich asked if he obtained a building permit for this structure.

David Preston said no because he’s not required to do so seeing it’s a recreational structure. The props have no floors or foundations – he showed the Board pictures of his props.

William Evans asked if the ship stays on site.

David Preston yes until that prop is removed and replaced with something else.

William Evans asked since 2002 – nothing has changed?

David Preston said no changes have been made he hasn’t purchased any additional property and hasn’t enlarged the playing field.

William Evans asked about the acreage.

David Preston said it is about 40.1 acres pointing out on his sketch the playing fields and the parking area.

William Evans asked if there were any concession stands.

David Preston said they are handled by a vendor.

William Evans said that was a change.

David Preston said no they don’t need a vendors permit because it’s all prepackaged food. They only need to acquire the permit through the State. His employees are able to cook hamburger and hot dogs for themselves.

William Evans said he remembers in 2000 the concession was only for paintballs and equipment.

David Preston said he has to serve the customers water etc. He didn’t think that was unreasonable.

William Evans greed but it really needs to be discussed. He asked if the Board has ever been to the fields. He thought that a site walk might be in order.

David Preston agreed to let the Planning Board do a site visit.

Andy Houle asked about the land being in current use.

David Preston said he has taken care of this with the assessing office and the land would be going into a discretionary easement.

Brandee Kraft-Lund commented on the traffic on the road.

William Evans said that was a police issue. William Evans stated June 17th the Planning Board has scheduled a work session. He asked if 6:30 would work if we meet at the paintball field.

Michael Kowalski asked how many complaints there actually were against OSG.

Geoffrey Fossett answered he received only one. He added that the language in the complaint had reasonable issues that were certainly worth bringing closure to. The issues were structures if they are legal or not, traffic, usage of property and the number of vehicle

David Preston said these structures are not inhabited; there are no codes for recreational buildings.

Geoffrey Fossett stated that he would like to see these structures too.

Chris Carazzo added that he would like the Police Chief’s opinion on the traffic also. Maybe there should be a traffic study done.

William Evans asked what his busiest times are.

David Preston said the games are from 9:00-4:00 and 12:00-4:00 so between 8:30-9:30 or 12:00 and then at the end at 4:00.

Teri Cherne told the Board that his patrons turn around in her driveway all the time.

Chris Carazzo commented on the 4-wheelers saying that they are a problem. They fly up the road. The police really need to address that issue also.

Karen Schacht stated that she has known the Preston’s’ for a very long time. The buildings have no foundations, they are only props. She continued that she would like to hear the rest of the statement that David Preston prepared for the Board and the Board should discuss it.

William Evans apologized, but told her that she would have to hear the rest of it outside.

He continued that they have heard it before and it wasn’t pertinent to the issue at hand.

William Evans said they weren’t going to listen to the complaints tonight, but he asked the Cherne’s if they had any questions on the enforcement.

Richard Cherne said he was trying to figure out how it works. They had taken their concerns to the selectmen and now the Planning Board. They want to present the information to the various Boards and hopefully action will be taken.

William Evans said the violation of the permit is for the Code Enforcement Officer. If there is a violation it is within Geoffrey Fossett parameters to take action upon this.

Teri Cherne stated that there are many more events, the noise is unbearable, and the traffic is awful, there is such a noise issue with the four-wheelers and they keep turning around in her driveway.

William Evans stated that they moved in after OSG was established.

Teri Cherne said they have been there one year. They were told by the realtor the operations were only Saturday and Sunday – they lied. The hours have been extended.

Michael Kowalski asked if they knew what the paintball was all about. The realtor gave you the wrong information.

Richard Cherne quoted the Zoning Ordinance article 8 section 8-1.03.

Michael Kowalski stated that the Board really needs to investigate if the article and section even apply to this situation. They also have to find out if the buildings are considered structures or props.

Geoffrey Fossett said they presented the concerns and now it’s the Boards obligation to use the complaints as a springboard. We have to go out there and see if there are violations, they may just be civil issues beyond the scope of the issues we govern. We definitely need to go out on a fact finding mission to see if they are code compliant.

Nancy Carr asked if the Cherne’s ever went out to the property on a weekend before they bought the property.

Richard Cherne said they did not, but the fact is there has been significant growth to the property referencing to the Zoning Ordinance. He added that they did not buy in a commercial district. In reviewing the site plan for 2002 all he could see was the permission for a 40,000 square foot playing field used on the 34 acres.

William Evans commented that unfortunately they might have been led astray by the realtor and the previous owners.

Richard Cherne agreed and stated that as long as the business exists there will be issues. He added they are just looking for an answer within the Planning Boards realm.

William Evans said that the Planning Board is not the enforcing body, Geoff Fossett is.

If a decision is made that the operations are now over and above what was approved, then a site plan review application with the expansion must be submitted. Once the application is deemed complete then the abutters will be able to speak on all of the issues.

Nancy Carr asked, on an average, how many players are there at one time and what is the maximum number of people the field will hold at one time.

David Preston said there can be anywhere from 50-150 at one time and the maximum would be 500 people according to the insurance company.

Nancy Carr asked if there was plenty of parking.

David Preston said yes.

Nancy Carr asked about the sanitary facilities.

David Preston said they have port-a-potties which are maintained every week.

Nancy Carr asked how many people he employed.

David Preston said about 20 part-time employees.

Nancy Carr asked about the hours of the operation.

David Preston said the gates open at 8:00 but the games don’t start until 9:30 and the last game ends at 4:00 by the time they clean up, everyone is gone by 5:00 or 5:30. He also added that he allows the Military to train on his fields by appointment only.

Nancy Carr asked if there are any night games.

David Preston said no they are not allowed.

Clarke Goodrich said there were still a lot of unanswered questions.

William Evans said the issues that weren’t addressed can be discussed at the work session and suggested to the Board they should review the prior site plans on file. He also mentioned that issues that weren’t addressed in previous site plans really need to be addressed now.

David Preston said he remembers coming to the Planning Board in July of 2006 and showing them the proposed castle. He said the Planning Board gave him their approval at that time.

William Evans said he remembered David Preston coming in and showing them pictures, but no site plan was ever submitted.

Gordon Preston wanted to be on recorded regarding an e-mail that was sent by the Cherne’s stating “having served as a selectman, he should be leading by example in this town he proudly claims to have “served.” We have approached Mr. Preston and his son David. ” He continued that he only met them once for 10 minutes when they moved in.

He welcomed them to town. The e-mail they sent with the complaints is B.S. he has put time into this operation and takes exception to their complaints.

William Evans told him that most people do appreciate what he has done for the town; unfortunately this is not the issues in front of us tonight. He told the public if they had any further comments they need to take them outside.

CODE ENFORCEMENT

SIGNS: William Evans told the Board that he spoke with Vinney Lupoli (owner of the White Buffalo) he recommended the he and Jim Faiella (owner of the Barnstead Country Store) get together with the sign committee and discuss the sign issue.

Michael Kowalski (going back to OSG) asked why the letter was actually sent to David Preston.

William Evans said complaints came in and the operation is now different from when the 2002 site plan review was filed.

Michael Kowalski asked from whom the complaints were issued.

Paula Vardaro said the Cherne’s came in and spoke with Geoffrey Fossett, and then the letter was sent after the review of the site plans on file.

William Evans stated that the Cherne’s met with the selectmen as well last Tuesday.

There was a discussion regarding the letter that was sent and the site plans should have been referenced in the letter. Also they discussed the issue of props, what the State Fire Marshall’s office allows.

Geoffrey Fossett made an analogy in regards to building a deck (for a family of 4) with a permit versus building props with a 100 people on it without a permit.

Michael Kowalski asked if movie sets with props are inspected. He suggested that the Building Inspector check it out legally.

Kathy Grillo asked what the difference was between accessory structures and props with runways. Her thought is it’s a safety issue.

Geoffrey Fossett said he would obtain a legal opinion. Maybe there was a weight or traffic allowance. He felt this was a contentious issue and would call the town attorney for clarification. He would like to find out if OSG is exempt or not.

William Evans again told the Board members that they need to review the site plan review files before they take this any further.

GRANDFATHERING: Geoffrey Fossett told the Board he received guide lines from the attorney regarding grandfathering. All Board members were e-mailed the attorneys guidelines. Geoffrey Fossett went through the 7 points for enforcement on grandfathering.

They discussed the compliance of the ordinances, having a disregard of the ordinances, using common sense, changing of ordinances, violations that are not in compliance, restrictions of land, non-vested parties, and a gray area – reasonable reliance.

William Evans commented - if a person went to a Board who had no jurisdiction on the subject who’s responsible.

Geoffrey Fossett stated that it’s not the town’s responsibility to prove that we are right – the person in question is obligated to prove they’re right. If they are in violation – they are in violation.

Andy Houle read a section about being unconstitutional in some of the grandfathering issues. He also read about land restrictions and abandonments.

The Board discussed with Rick Duane the procedure he went through when he built his greenhouse. If the public was going to walk through it – it would be classified with different standards.

They discussed the retail agricultural operation and the driveway that Rick Duane had to install.

CORRESPONDENCE: Gail Darrell informed the Board that the Farmer’s market will be moving their location to the parking lot at the Pine Tree.

William Evans said she needs to apply for a peddler’s license from the selectmen.

William Evans read the notice regarding Zoning Board of Adjustment case no. 0510-199 for June 21, 2010 a request for a side set variance for the building of a garage.

PSNH is requesting a public hearing at the July meeting of the Planning Board for the trimming and removal of trees and shrubs along the scenic roads of Hazel Clarke and Pineo Roads.

OLD BUSINESS: Michael Kowalski asked if Fuzza Freeze has contacted the office with regard to the property on Wes Locke Road.

Paula Vardaro said no he hasn’t, she would contact him next week.

The Board agreed to send him a letter, with a 30 day deadline, to submit his site plan review application.

MINUTES - 5/6/10: Clarke Goodrich made a motion to approve the minutes as written.

Nancy Carr seconded the motion.

The Board unanimously voted to approve the minutes as written.

ADJOURNMENT: Michael Kowalski made a motion to adjourn the meeting.

Nancy Carr seconded the motion.

William Evans adjourned the meeting at 9:20 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD

THURSDAY MAY 6, 2010

TOWN HALL @ 7:00 P.M.

MINUTES

Planning Board Minutes from 5/6/10

Approved as Written 6/3/10

CALL TO ORDER: David Murley, chairman, called the meeting to order at 7:00 P.M.

ROLL CALL: David Murley, chair, William Evans, vice-chair, Michael Kowalski, secretary, Andy Houle, selectmen’s rep. Clarke Goodrich, Nancy Carr (arrived at 7:03), Chris Carazzo, alternate, James Fougere, alternate and Paula Vardaro, recording secretary

CONCEPTUAL CONSULTATION: Susan Wheeler of 392 Province Road told the Board that in 2005 she had a subdivision approved by the Planning Board. She now would like to merge two lots (Map 2, Lots 9-1 & 9-2) and give the one parcel to her daughter. The driveway has already been put in according to the new guidelines and approved by the road agent.

David Murley asked what her intentions down the road were.

Susan Wheeler said in the future they would probably do a lot line adjustment which would include the back property.

Michael Kowalski asked how much property was involved.

Susan Wheeler said combined it would be 10.5 acres.

They discussed putting this land into current use and the penalties involved when removing the lot from current use.

Susan Wheeler told the Board that the land would probably not be built on for several years.

William Evans asked if the Board needs to revoke the subdivision.

David Murley said the only thing she needed was to fill out the “notice of voluntary merger” form.

Susan Wheeler agreed and thanked the Board.

ALTERNATE RESIGNATION: David Murley read the resignation of Francesca Latawiec as an alternate member of the Planning Board.

William Evans made a motion to accept the resignation.

Clarke Goodrich seconded the motion.

The Board voted unanimously to accept the resignation of Francesca Latawiec as an alternate member of the Planning Board.

NEW ALTERNATE APPOINTMENT: David Murley told the Board that the person interested in joining the Planning Board as an alternate member was Frank Grow. Unfortunately he had to work so he couldn’t make the meeting, but would attend next month’s meeting.

CONCEPTUAL CONSULTATION

RICHARD LETOURNEAU: Didn’t show up. The Board asked what this was in regards to.

Paula Vardaro told them he was just thinking about (maybe) developing an assisted living complex in the future and wanted some input from the Board.

SIGNAGE AND CODE ENFORCEMENT: David Murley told the Board that code enforcement really needed to be enforced. Today he saw many trees that were being cut down on Varney Road along the lake side. There was no visible permit from DES. He felt that Geoff Fossett should go by there and see what was going on.

James Fougere said if the trees are diseased, they don’t need a permit.

Andy Houle told the Board that there was a house on South Barnstead Road that he received complaints about and wondered if the house was abandoned. He asked Paula Vardaro to check and see if all the taxes were paid.

Paula Vardaro told him that the Code Enforcement Officer has just issued a cease and desist order for not renewing their building permit for the last two years.

William Evans told the Board that the Building Inspector has questioned the renewal of permits. How long can a project be extended for? According to the Building Code the permit can only be renewed for 6 months at a time. Geoff Fossett also questioned the temporary housing while a person is building their house. The Zoning Ordinance states a manufactured home, but doesn’t state a trailer, RV or camper.

David Murley said the Zoning Ordinance was written before they took into consideration the RV’s or mobile homes.

William Evans again asked about the interpretation of manufactured homes. He cited a couple of situations that are occurring.

Paula Vardaro said the Zoning Ordinance states they can keep it there for a period of 1 year. She questioned – when they have finished using it – why can’t they keep it on their lot, why does it have to be removed.

David Murley said the RV has to be registered.

William Evans said they could use it as a bunk house if it was moved away from the dwelling.

The Board discussed this issue in great lengths.

They also discussed the renewal of permits without doing any work on the property during the year. In particular a new home permit with impact fees and building permit fee were paid by a contractor – no work has been done during the year. The Board agreed that the contractor could suspend the permit until he had the lot sold and then only pay for a new building permit – not a renewal fee. The impact fee can only be collected once on a lot.

Andy Houle commented that this is a speculation home and that’s the risk they take.

Clarke Goodrich commented on the 320 square feet and 40 feet long for an RV that is stated in the Zoning Ordinance. He questioned the RV, pop-up and a travel trailer (not hooked up) on a property all year long. Is this legal?

Chris Carazzo said yes, why not.

They discussed utilities tied into it and usage for the amount of time you can keep it on your property.

Clarke Goodrich stated he didn’t have a problem with someone staying in a travel trailer until they finish their house providing that they do substantial work on the home and renew the permit.

William Evans disagreed – he stated that the temporary housing should only be for one year.

Clarke Goodrich referenced a pop-up trailer that is being used only during the summer months for company. He asked if it had to be removed when not in use because it’s not registered. He didn’t have a problem with them using it, but just wanted to know if it was still a law that it had to be removed.

David Murley said he remembered the law, but thought it went away.

They discussed the storage of a pop-up, travel trailer and RV’s being left on lots.

William Evans again brought up the issue that the Zoning Ordinance states manufactured housing. Unless we go with the intent of the ordinance and include RVs, trailers and pop-ups under manufactured homes.

William Evans pointed out that at Barnstead Motorsports they said they are sleeping in the trailer. He stated that the State Fire Marshall will be coming up to look at this situation. He also added that Geoff Fossett can give them a finish date because there are two businesses involved.

The facts regarding a permit that was issued without the impact fee being paid was brought up. The selectmen granted this because of a hardship and told the applicant that the impact fee was to be paid before the Certificate of Occupancy was issued.

David Murley said that was directly against the Zoning Ordinance which states that a building permit cannot be issued without the payment of the impact fee. The selectmen have no right to overrule the ordinance.

Andy Houle said that this case was a hardship case. It was also pointed out that they were charged renovation fee instead of a new building permit fee.

Signs – David Murley said the existing sign ordinance is very strict. Geoff Fossett needs to enforce the signs that are out of compliance which will mean there will be a lot of unhappy business people in town.

Andy Houle said that the selectmen and the planning board never enforced this ordinance for years so the grandfather clause should take effect. We can legally grant grandfathering on existing businesses.

William Evans suggested that Geoff Fossett should contact Mark Puffer, the town attorney, and get an opinion on enforcement, not only signs, but everything. He should find out just from what period of time he can enforce from.

Chris Carazzo pointed out that Boondock Video is advertising in their window for a trash pick-up service. This is clearly a violation on their site plan.

The Board agreed not to do anything until they receive the advice from the attorney.

OLD BUSINESS: The Board questioned if Red Ink Investments on Wes Locke Road have come into the Planning Board office. Paula Vardaro said no she hasn’t heard from them since they came before the Board in March for a conceptual consultation.

The Board suggested that she contact Mr. Freeze to see just what he intended to do.

MINUTES 4/1/10 & 4/15/10: 4/1/10 minutes: William Evans made a motion to approve the minutes as written.

Michael Kowalski seconded the motion.

The Board voted unanimously to approve the minutes as written.

4/15/10 minutes: Michael Kowalski made a motion to approve the minutes as written.

Andy Houle seconded the motion.

The Board voted unanimously to approve the minutes as written.

David Murley announced that there will not be a work session this month.

ADJOURNMENT: Williams Evans made a motion to adjourn the meeting.

Andy Houle seconded the motion.

David Murley adjourned the meeting at 8:20 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

BARNSTEAD PLANNING BOARD

THURSDAY APRIL 15, 2010

TOWN HALL @ 7:00 P.M.

WORK SESSION

MINUTES

Planning Board Minutes from 4/15/10 Meeting

Approved as Written 5/6/10

CALL TO ORDER: David Murley, chairman, called the meeting to order at 7:00 P.M.

ROLL CALL: David Murley, chairman, William Evans, vice-chair, Michael Kowalski, secretary, Andy Houle, selectmen’s rep, Nancy Carr, Amy Jennings, Clarke Goodrich, Christopher Carazzo, alternate and Paula Vardaro, recording secretary

CONCEPTUAL CONSULTATION: A current land owner approached the Board introducing a potential buyer for the property next to him that is part of a current subdivision. This subdivision that they are interested in consists of three lots – which would include installing a cistern. The question was put to the Board – if this potential buyer were to purchase all the lots involved and make the subdivision go away – do they still have to install the cistern?

David Murley said there were actually five lots involved.

The gentleman said he was only interested in three lots which he would merge into one.

David Murley said yes he could purchase the three lots and merge them and the only fee he would encounter would be the filing fee.

Chris Carazzo asked if, years down the road, would they subdivide the one back into three?

The reply was no that was not their intention.

The Board agreed that they did not need to install the cistern if the lots were purchased and merged into one.

SIGNAGE/ GEOFFREY FOSSETT: Paula Vardaro handed out a list of signs, sizes, and locations (dated April 2, 2009) that the previous Building Inspector, Paul Richardson, had submitted.

The Board discussed the sign ordinance that was proposed before the Town but was defeated in a tie vote.

David Murley said most of the businesses would have been brought into compliance if the ordinance had passed. He then asked how much enforcement we wanted to see.

Michael Kowalski added that it is now not just signs, but the enforcement of all the ordinances, which becomes a burden on the people.

Clarke Goodrich asked about the grandfathering.

Andy Houle added that a lot of those signs were old and they have been there for years. It will be hard to enforce the ordinance.

They discussed the enforcement of the ordinances, the lack of it until now, and what they can do.

Geoffrey Fossett, (building inspector/code enforcement officer) suggested that a public hearing be held and invite all the businesses in for their input regarding the signs. Then possibly have another vote on the ordinance in June.

David Murley said to hold a special election would be costly to the Town.

Michael Kowalski said that the committee started with the sign ordinance months before it went on the ballot. It was publicized for months on the agendas and notices. Very few people came to the public hearings and voiced their opinion or provide any input.

Rick Duane commented that people don’t care because the ordinance has never been enforced. Now that we have someone to enforce the ordinance – where do we start?

Michael Kowalski said do we do nothing or start enforcing the ordinance that we spend hours on writing.

Clarke Goodrich agreed to start enforcement now, but added there will be a lot of violations that will come out of it.

Chris Carazzo said this is Pandora’s Box – there are so many violations out there – where do we start. He said we should educate the business owners. Look at their site plan review and then point out that they have not complied with the signs they presented if that’s the case.

A lengthy discussion ensued.

It was suggested that the Town Attorney be called to see if we can actually enforce ordinances that are being violated. The Board agreed the violations the previous Building Inspector issued or wrote letters to - should be pursued.

NEW BUSINESS: David Murley asked to Board if Blueberry Station wanted to sell fried fish where they sold the ice cream – do they have to come in for a new site plan review.

The Board agreed that is was clearly a change of use and they needed to apply for a change of use site plan.

David Murley told the Board that there was a public hearing Tuesday April 20th at 7:00 on bed bottom inspections. This would be a new inspection for new, replacement or in-kind septic systems, requested by Geoffrey Fossett.

Michael Kowalski asked why this was necessary since the D.E.S. already approves the construction and operation of the system.

Geoffrey Fossett answered that the bed bottom is not inspected by the installer, the designer or D.E.S. The systems go into failure if certain criteria like the bed bottom sand, the basil layer, the elevation and the bench markings, aren’t in compliance.

Michael Kowalski asked if there was a fee involved.

Geoffrey Fossett said the fee is only collected when it is a replacement or an in-kind system, a new home would be included in the building permit fee. He recommended that the fee is $50.00 for the inspections for replacement or in-kind systems. The fee will be finalized at the public hearing on Tuesday April 20th.

Chris Carazzo told the Board that he and Paula Vardaro put together a driveway permit to send to applicants. The reason being – when the applicant fills out the application for a driveway permit they are expecting some kind of a permit to post with the road agents approval.

The Board discussed the permit and offered the addition on the bottom “Post in a conspicuous Place”.

CORRESPONDENCE: David Murley told the Board they have received Francesca Latawiec’s resignation by e-mail. He also told the Board that Frank Grow would like to join the Board as an alternate. They will vote on this issue at the May 6th meeting.

ADJOURNMENT: Michael Kowalski made a motion to adjourn the meeting.

Chris Carazzo seconded the motion.

David Murley adjourned the meeting at 8:55 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary

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BARNSTEAD PLANNING BOARD

THURSDAY APRIL 1, 2010

TOWN HALL @ 7:00 P.M.

MINUTES

Planning Board Minutes from 4/1/10 Meeting

Approved as Written 5/6/10

CALL TO ORDER: David Murley, chairman, called the meeting to order at 7:00 P.M.

ROLL CALL: David Murley, chairman, William Evans, vice-chair, Michael Kowalski,  secretary, Andy Houle, selectmen’s rep., Nancy Carr, Amy Jennings, James Fougere, alternate, Christopher Carazzo, alternate and Paula Vardaro, recording secretary

David Murley asked Chris Carazzo to sit in for Clarke Goodrich. David Murley also asked James    Fougere to sit in for Michael Kowalski, because he wasn’t sworn into office as of this evening.

ELECTION OF OFFICERS:

David Murley asked the Board to elect officers for the year.

William Evans nominated David Murley as Chairman.

Andy Houle seconded the motion.

David Murley asked for a vote to close nominations.

William Evans made a motion to close nominations.

Amy Jennings seconded the motion.

The board voted unanimously to elect David Murley as Chairman.

Christopher Carazzo nominated William Evans as Vice-Chairman.

Nancy Carr seconded the motion.

Christopher Carazzo made a motion to close nominations.

Nancy Carr seconded the motion

The Board voted unanimously to elect William Evans as Vice-Chairman.

William Evans nominated Michael Kowalski as Secretary.

Christopher Carazzo seconded the motion.

William Evans made a motion to close nominations.

Christopher Carazzo seconded the motion

The Board voted unanimously to elect Michael Kowalski as Secretary.

David Murley informed the Board that 1 vote was cast for each position.

MINOR SUBDIVISION CONTINUED:

Maryann Kubiatoski Estate             Map 6, Lot 66

Beauty Hill Road                           3 lot subdivision

Paul Darbyshire told the Board he received the report from the NH Division of Historical Resources. There are approximately 30 burial sites reported. He handed copies of the report to the members. He pointed out the 25-foot buffer that has been established around the perimeter of the graveyard which corresponds to sloping faces of the natural terrain and is sufficient to protect the graveyard positioned at the top of the knoll. Also the graveyard boundaries correspond to those depicted on the subdivision plan of October 14, 2009. Paul Darbyshire added that the graveyard was registered in the Graveyard Burial Registration and is known as the Tuttle-Smart Graveyard. He said a note would be added to the plans that signs would be put in the 25-foot buffer on the trees around the graveyard stating that no construction can occur in that area.

David Murley looked at the drawing that was submitted from Stewart “Twink” Merrill, who takes care of the cemetery, pointing out the dimensions of the graveyard and the area. David Murley asked if changes have been made to the plans.

Paul Darbyshire said the only revision was the signs in the 25-foot buffer.

William Evans asked if the permanent monuments have been added.

Paul Darbyshire said yes, they are already in place.

William Evans said he had complied with everything that the Planning Board has asked of him.

Andy Houle asked about the driveway.

Christopher Carazzo said that would be addressed when a building permit was applied for.

William Evans made a motion to approve the subdivision with the condition that (#12) “signs added to the buffer zone” are added to the plans.

Christopher Carazzo seconded the motion.

The Board voted unanimously to approve the subdivision.

David Murley reminded Paul Darbyshire that he needed to submit the Mylar and updated paper copies.

CONCEPTUAL CONSULTATION:

Manon Beetz - Carpenter Road – She showed the Board on a tax map where her house was located on Carpenter Road – Map 5, Lot 34 and is only accessible through an easement that goes between Lot 32 and Lot 33.  Her concern is the owner of lot 33 is talking about subdividing his property which consists of 5 acres and includes the easement into her property.

David Murley questioned the amount of road frontage.              

Manon Beetz told them the frontage is 188’ but the easement of 50 feet (width) would have to be added to the frontage. She asked if he could add the easement into the frontage.

Christopher Carazzo asked what the deed included.

Amy Jennings commented that based on the acreage and frontage lot 32 can be   subdivided.

David Murley looked at one deed that referenced the easements and said yes lot 32 can be subdivided, but he would like to look at the other 2 deeds involved to see if they also referenced the easement. He said they would have to get back to her after they did some research.

CORRESPONDENCE:

David Murley informed the Board that the DOT will be holding a public hearing next Thursday night April 8 @ 7:00 P.M. at Prospect Mountain High School regarding the proposed project for Route 28/Stockbridge Corner intersection safety improvements. He encouraged members to attend the meeting.

A notice was received from Public Service of New Hampshire asking us to assist them in developments with right of ways and easement encroachment review requirements.

David Murley reminded the members about the OEP conference.

David Murley encouraged the Board to read the e-mail that was sent to them regarding senate bill 328. This bill (if passed) prohibits a planning board from treating an application as incomplete solely because it is dependent upon the issuance of permits or approvals from other governmental bodies. This bill also modifies the requirements for conditional approval by the planning board of a plat or application. He added that it hasn’t passed yet, but soon will be voted on.

OLD BUSINESS:

David Murley told the Board after speaking with the town attorney, Wheeler Brook Farm on 83 Wheeler Brook Road and Bill Gosse, are able to subdivide because it passed the 20 year mark.

NEW BUSINESS:

David Murley told the Board that the Town of Barnstead Zoning Ordinance has been updated and proof read. The signature page was passed around for the Board members to sign.

David Murley told the Board that the alternate member Francesca Latawiec has not attended any meetings since August of 2009. He read RSA 673:13 – Regular and alternate members may only be removed from a Board after a public hearing on the matter. In the case of an appointed member, only the appointing authority may remove the member, and only upon written findings of inefficiency, neglect of duty, or malfeasance of office. He added that the term inefficient seemed more appropriate in this matter.

William Evans suggested sending her a certified letter requesting her resignation before a public hearing is held.

The Board agreed.

David Murley told the Board they would have a work session on Aril 15th and will request Geoff Fossett, the Building Inspector, join us to go over the enforcement of the current sign ordinance.

William Evans asked about the bed bottom inspections that Geoff Fossett is requesting.

They discussed the adoption, the discussion with the selectmen and possible a warrant article for next year.

Chris Carazzo questioned the cistern that was supposed to be going in on Cooke Road.

David Murley said the plans that were submitted about 6 months ago weren’t approved by the Fire Chief. He also added that Rusty Downing is currently looking over the cistern specifications and is getting plans together for that site.

MINUTES: 3/4/10:

Andy Houle made a motion to approve the minutes as written

Nancy Carr seconded the motion.

The Board voted unanimously to approve the minutes as written.

ADJOURNMENT:

William Evans made a motion to adjourn the meeting.     

Nancy Carr seconded the motion.

David Murley adjourned the meeting at 8:50 P.M.

Respectfully Submitted

Paula Vardaro

Recording Secretary