MINUTES GILFORD PLANNING BOARD APRIL 21, 2014 CONFERENCE ROOM A 7:00 P.M.

MINUTES GILFORD PLANNING BOARD APRIL 21, 2014 CONFERENCE ROOM A 7:00 P.M. The Gilford Planning Board met in regular session on Monday, April 21, 2014, at 7:00 p.m. in Conference Room A. J. Morgenstern led the Pledge of Allegiance and welcomed everyone. Planning Board Members in attendance were Chair John Morgenstern; Vice Chair Chan Eddy; Selectmen s Representative John O Brien; Regular Member Jerry Gagnon; and Alternate Members Wayne Hall and Norman Silber. Member(s) absent were Secretary Richard Vaillancourt, and Regular Members Polly Sanfacon and Richard Sonia. Alternate Members Wayne Hall and Norman Silber were asked to take the places of Regular Members Richard Sonia and Polly Sanfacon. Also present were John Ayer, Director of Planning and Land Use, and Sandra Hart, Secretary. J. Morgenstern read the Rules of Procedure and introduced the first item on the agenda. APPLICATIONS 1. A TO Z FITNESS, LLC The applicant proposes to create a solar powered electrical generation system by constructing a new 35 tall, 77.8 by 328 (25,518.4 square foot) roof over the existing parking lot with a rack system supporting a photo voltaic (PV) or solar panel array; also by mounting solar panels to the south-facing roof of the existing Gilford Hills Tennis and Fitness Club building; and by making other related site changes. The property is located at 314 Old Lake Shore Road on Tax Map & Lot #224-068.000, in the Resort Commercial (RC) Zone, the Aquifer Protection District, and the Community Character Protection District. Site Plan Review. Application #2014000005. Application was tabled from the March 17, 2014 meeting. Motion made by C. Eddy, seconded by J. O Brien, to take the application off the table. Motion J. Morgenstern referred to Adam Angle s email requesting that the application be tabled again. Motion made by C. Eddy, seconded by J. O Brien, to table this application until the May 19, 2014 meeting. Motion 2. INNS & MOTELS OF THE LAKES REGION The applicant is proposing to install 370 raised solar panel racks holding a total of 1,480 three-foot-by-four-foot (3 x4 ) solar photovoltaic panels within a 1.4-acre portion of the lower field adjacent to NH Route 11-B as a method of generating electricity from an alternative energy source. The property is located at 16 Kimball Road on Tax Map & Lot #215-018.000, in the Single Family Residential (SFR) Zone. Site Plan review. Application #2014000059. Application was tabled from the March 17, 2014 meeting. Minutes 4-21-14 jba x (2).doc PAGE 1 OF 6

Motion made by C. Eddy, seconded by J. Gagnon, to take the application off the table. Motion J. Morgenstern referred to the email from Craig Bailey requesting that the application be tabled to the May 19, 2014 meeting. Motion made by C. Eddy, seconded by J. Gagnon, to table the application to the May 19, 2014 meeting. Motion J. Ayer stated that he did receive information back from the Town Attorney and he explained that opinion to everyone and that he also included that within the Staff Report and he read the following for everyone. Town Counsel has given the opinion that the solar energy use is not a permitted use and that there is no special exception provision for it in the SFR zone. It is not an allowed expansion of the nonconforming use on the property and not an enumerated accessory use. It also does not meet the definition of accessory use as it is not subordinate to the main use on the property, and it is not customarily or habitually associated with the principle use. He notes that it is bigger than the existing uses, it is not connected to the inn, and it is on a separate lot from the inn. It is more of a separate development. The plan for the solar panel use as proposed should be denied. He stated that they could make it an accessory use if they make it an appropriate size and other changes, but the way it stands it seems that this is something that the board could deny. He will be in touch with the supplier and the engineer and discuss this with them. J. Morgenstern stated that Board members have other concerns other than just how much electricity they will be generating. N. Silber asked if it s possible that the racquet club could get a parking lot cover approved and then come back later and get solar panels approved. J. Morgenstern said that is possible. 3. TECH20, INC. The applicant is proposing to add 4,322 square feet to the outdoor display area, a new deck and loading area, and 560 square feet of retail space. The property is located at 1934 Lakeshore Road on Tax Map & Lot #223-414.000 in the Resort Commercial (RC) Zone and the Airport Overlay District. Amended Site Plan review. Application #2014000082. J. Ayer stated that the application was complete and ready to be accepted. Motion made by W. Hall, seconded by C. Eddy, to accept the application as complete. Motion Presentation David Farley, owner of Tech20, Inc. and Diversified Marine, presented the application. He stated that he now owns the property. J. Gagnon stated that he owns a unit at Fireside Inn and wanted to know if he should step down from this application. J. Morgenstern said yes since he is an abutter. D. Farley stated that the building required a lot of work, there was a lot of rot that had to be taken care of and as we went through the winter we discovered leaks. Regarding the retail store area Minutes 4-21-14 jba x (2).doc PAGE 2 OF 6

shown on the plan, he said it is their show room and said they originally thought people could come through the office, but doing so has not worked out well. They have decided to add a covered porch area and a new entry door so that customers can enter directly into the show room without passing through the office. He described this for everyone using the plan. D. Farley said that they are moving some of the display area over to parking spaces 52 through 58. A previous use approved for the site during Motorcycle Week, Spyder motorcycle demo rides, will be discontinued as it will be too crowded on the site. It would not be practical with their larger operation to close down and move things around for that week. He noted, however, that they are proposing two smaller vendor spaces which are shown on the plan he brought to the meeting that night. J. Morgenstern asked about use of the parking lot with regard to Bike Week. J. Ayer stated that they are eliminating that demo ride use, and are proposing two smaller vendor spaces, each of which occupies three (3) parking spaces. D. Farley stated that the back roof that faces Patrick s Pub where the old kitchen was, had been leaking extensively. He also said there was a fire escape door where the hotel rooms were, which he explained. He said the proposal is to put a deck in a nearby covered area and install a regular set of stairs as a fire escape. In the future when they expand to use the upper floor, the area would already have a safe fire exit. D. Farley also explained the loading dock in the back of the building. This is designed to eliminate the need to bring everything through the front of the building. They are going to paint the building and hope to have a grand opening in May. J. Morgenstern stated that he noticed a food truck parked behind the building along Weirs Road. He asked if this would be a vendor he would put out there and if so, when would that be. D. Farley stated that he won t be having anyone out there selling anything unless its during Bike Week or a similar event. J. Morgenstern stated if they wanted to have a food truck out there they would have to have special permits. J. Ayer stated that they would have to get approval for vendor permits. D. Farley stated that they are keeping the vendor spaces small so they won t take up parking spaces for their business. N. Silber stated that he still sees a note on the plan that reads Screened Storage Area - Dock Display Stored Here for Bike Week. J. Ayer stated that the note should be removed. D. Farley stated that they will remove that from the site plan. J. Ayer stated that you have added vendor spaces and those will be taking away some parking spaces. D. Farley stated that they will still have more than enough parking spaces available. J. O Brien asked if the new display area is going to be on the grass. D. Farley stated that there will not be any more paving, but they may display the landscaping work they do, which would include the items that they create and sell so people see it. J. O Brien asked if there was any discussion with regard to this with the owners of the Fire Side Inn. D. Farley stated that they have been working together and that he doesn t see any issues and they both want to make it more attractive for their businesses. C. Eddy asked if the display area will be changing. Yes, that is correct replied D. Farley and he explained the change with regard to newer models, etc. Public Input Larry Litchfield, owner of Sawyers Dairy, said his only concern is about the vendors and he is concerned about people parking across the street at his business and then crossing the street, because it is a busy street and he is concerned about safety. D. Farley agreed that safety is an Minutes 4-21-14 jba x (2).doc PAGE 3 OF 6

issue. He said they have a lot of parking spaces and there will be many boats removed that are there during the winter. He said the key will have 40 or so parking spaces more than what they need, so they shouldn t need to park across the street and walk over. J. Morgenstern asked if anyone had any suggestions about what we might do about the safety issues. J. Gagnon stated that they could discuss this with the state, because it is a state road. D. Farley stated that if they didn t have the parking then he could see it as an issue. He said they walk across to Sawyers, but they just don t feel like driving all around to get there. J. Morgenstern asked them to get together and see if there is something that they can think of that would resolve the issue. J. Ayer stated that he counted 60 spaces on the site plan whereas they are required to have only 41. With no further comments, J. Morgenstern closed the public hearing and introduced the next item. 4. INTERLINE REALTY TRUST The applicant proposes to convert several Commercial Units (Units 4-7, 9-12, 22-24, 26 and 27) within Unit 1 (the Commercial Unit) of the Paugus Bay Plaza Condominium (these units also known as One Gilford Place) and all contiguous common areas totaling approximately 41,800 square feet, to a single space with an open floor plan (a largely unpartitioned commercial space); to change the use for this space to Warehouse; and to make other related changes. The property is located at 131 Lake Street on Tax Map & Lot #201-001.000, in the Commercial (C) Zone and the Aquifer Protection District. Amended Site Plan review. Application #2014000088. J. Ayer stated that the application was complete and ready to be accepted. Motion made by J. Gagnon, seconded by C. Eddy, to accept the application as complete. Motion Presentation Dean Clark of DMC Surveyors stated that he was representing Interline Realty Trust and he then displayed plans for everyone and explained the proposal. He said the hours of operation would be from 6 AM to 6 PM Monday through Friday and occasionally on weekends for deliveries as needed. D. Clark stated that they will take down some interior walls but said the existing restaurant area will remain the same. J. Morgenstern asked what unit #8 was on the floor plan. D. Clark stated that #8 is the mail room that is used by everyone. W. Hall asked if there be a wall to close it off so it will not be part of the storage area. D. Clark said that is correct. D. Clark stated that they have had discussions with the Fire Department about the proposal who expressed concerns with regard to the blocking of sprinklers and he stated that they will make sure that they are not blocked. J. Morgenstern asked if there will be a lot of shelving. D. Clark said there will not but it will be on-the-floor storage and that it ll be in boxes and on pallets, not shelving. J. Gagnon asked if units 14 through 21 are occupied and will their entrance remain on the side (southerly) door. D. Clark said yes and showed them where the existing entrance is on the plan. J. Gagnon asked about the bathrooms. D. Clark showed where those are located and said that they are the main shared bathrooms in the building but they will become part of the storage area so others in the easterly end of the building will be improved to better accommodate more usage. Minutes 4-21-14 jba x (2).doc PAGE 4 OF 6

J. Morgenstern asked if units 25 and 29 are part of the restaurant. D. Clark said they are. J. Gagnon asked where the entrance will be into the storage area. D. Clark explained that the entrance for the warehouse will be in Area 1 as shown on the plan. W. Hall asked if the drainage will stay the same. D. Clark said yes it will remain the same. W. Hall wanted to know if the state/dot would need to be notified with regard to bringing in 18 wheelers. J. Ayer said that is a good point and something the applicant will want to look into. J. Ayer said he thinks this is a good use for the building because it doesn t require a lot of parking area, and it doesn t require good road exposure which this building lacks and which other uses require. J. Morgenstern agreed and said that it also won t likely be as disturbing to the resort condo owners as some other uses might be. Public Input J. Morgenstern called for input from the public. Hearing none he closed the public hearing. DELIBERATIONS TECH20, INC. Motion made by N. Silber, seconded by C. Eddy, to approve the application with the following conditions: a. Eliminate the note providing for seasonal storage behind the building. b. The previous site plan approvals for this site are hereby revoked. c. The applicant shall have the outdoor display areas permanently marked on the ground with survey pins or similar materials to reflect the display area shown on the approved site plan. d. No outdoor display shall be permitted outside the approved areas. e. The site shall be kept well maintained. f. The applicant shall obtain any other federal, state, or local approvals that may be required. g. This approval includes a proposed fire exit stairway at the southeast corner of the building and two (2) 20 x30 vendor spaces as shown on the plan. J. Ayer pointed out that the approved site plan is the one presented at the meeting and not the original one sent out in Board Members packets. Motion INTERLINE REALTY TRUST Motion made by C. Eddy, seconded by N. Silber, to approve the application subject to the applicant obtaining any other federal, state, or local approval that may be required. Motion OTHER BUSINESS Wedding Venue Home Occupation J. Ayer discussed a property on Gilford Avenue at the top of the hill where the owners are thinking about using their property to host weddings as a home occupation. J. Ayer said the property is zoned single family residential, but they own several acres so there would likely be room to park cars. One of his main concerns, however, is traffic since it is a busy road and at the top of the hill the road narrows, there are nearby intersecting roads, and the speed is still 50 mph. N. Silber also expressed concerns with parking, traffic, noise, and impacts on abutters. J. Morgenstern asked if A&B Lock is a home occupation. J. Ayer said it is. Minutes 4-21-14 jba x (2).doc PAGE 5 OF 6

C. Eddy said the concerns could be eliminated if the Board makes it a condition that they have traffic control and limit the number of guests per event. W. Hall said that he drives (as a chauffer) occasionally for a farm in Wolfeboro when they have events and need his services. The people there park along the side of the road during events. He said that may not work here since it s a state road. C. Eddy said that it seems they have enough space for on-site parking. J. Gagnon stated that another problem is that it abuts the Labonte Farm Road neighborhood and the noise would carry up that hill. C. Eddy would like to take a look and see what they are proposing. J. Morgenstern said the zoning ordinance allows people to have home occupations but only ones that don t disturb the neighborhood. J. Ayer summarized that the key issues to address would be hours of operation, noise, parking, and traffic. The Board agreed and said that this use may be hard here given the potential traffic hazards and impacts to nearby residents. Doughnut Trailer J. Ayer stated that Mr. Litchfield, the owner of Sawyers Dairy, would like to add a small trailer to his lot to sell doughnuts. The trailer would be located just off the asphalt near the Intervale Road entrance to the property and would meet the building setback requirements. They would sell doughnuts in the morning when the main restaurant is closed. J. Ayer said they had advised Mr. Litchfield he would need to amend his site plan. J. Morgenstern said that he thinks they need to come in with an amended site plan and other Board members agreed. MINUTES April 7, 2014 Motion made by W. Hall, seconded by C. Eddy, to approve the minutes of April 7, 2014 as amended. Motion J. Morgenstern stated that Richard Sonia, who recently chose to not seek reappointment as a member of the Planning Board, was the Planning Board s representative on the Historic District and Heritage Commission (HDHC). He said that since Mr. Sonia is no longer a Planning Board member, the Board would need to appoint someone else to serve on the HDHC. Motion made by J. Gagnon, seconded by C. Eddy, to appoint R. Vaillancourt as the Planning Board s representative to serve on the Historic District and Heritage Commission. Motion ADJOURNMENT Motion made by W. Hall, seconded by C. Eddy, to adjourn at 8:14 p.m. Motion carried with all in favor. Respectfully submitted, Sandra Hart Secretary Minutes 4-21-14 jba x (2).doc PAGE 6 OF 6