ALTON PLANNING BOARD
Tuesday, December 18, 2018, 6:00 p.m.
ALTON TOWN HALL
AGENDA
Call to Order
Approval of Agenda
1. Public Hearing pursuant to RSA 675:3 on proposed 2019 Zoning Ordinance Amendments
SEE SEPARATE NOTICE ATTACHED
2. Continued from November 20, 2018
Case # P18-27
Nicholas Loring, P.E., of Benchmark Engineering, Inc., Agent for Brian Fortier(1/3), Allyson Shea (1/3), and Deirdre Tibbetts (1/3) of West Alton Marina, Owners
Map 61 Lot 1 and Map 17 Lots 9, 11, 27, 29, & 30, Final Major Site Plan
Lakeshore Residential (LR) and Recreational Service (RS) Zones
West Alton Marina Road/Mauhaut Shores Road
Proposal: To redevelop numerous improvements to the site including relocation of the marine construction, boat storage, boat repair, and boat wash facilities away from the water and onto upland areas of lot 61/1. This relocation will make available space in the marina basin for construction of additional docking facilities, as well as development of a new store, fuel pumps, gate/boathouse, clubhouse, office space, and supporting parking and other site improvements.
3. Design Review
Case # P18-29
Kevin M. Ashe, LLS, of White Mountain Surveying & Engineering, Inc., Agent for Robert Headley, Fernhill Corp., Owner
Map 2 Lots 26-1 & 26-4, Major Subdivision Design Review
Rural (RU), Hollywood Beach Road
Proposal: To merge Lots 26-1 & 26-4 and then submit the resultant 7.45 acre lot to the condominium form of ownership. This application does not propose any change or increase in use of the property.
4. Completeness Review of Application and Public Hearing if Application is Accepted as Complete
Case # P18-30
Paul F. Zuzgo, LLS, of Prospect Mountain Survey, Agent for Gregory Kneeland, Owner
Map 8 Lot 47, Final Minor Subdivision
Residential Commercial (RC), 81 Range Road
Proposal: To subdivide the current Lot 47 into two lots consisting of 5.03 and 7.60 acres each. There are no further plans for development.
Other Business:
1. Old Business:
2. New Business:
a. Approval of the Planning Board 2019 schedule.
b. Discussion regarding billing for Alton Bay Self Storage.
c. Schedule public hearing for zoning petition at January 15, 2019, Planning Board meeting.
3. Approval of Minutes: November 20, 2018
4. Correspondence for the Board's review/discussion/action:
a. Letter from Donald Kelts received on December 14, 2018, to the Planning Board re: an updated estimate from the Town Engineer for Evans Hill Road completion costs.
5. Correspondence for the Board's information:
6. Any Other Business that may come before the Board:
Public Input on Non-Case Specific Local Planning Issues
Adjournment
Roger Sample, Planning Board Chairman
NS/jac
12/7/2018
Amended 12/11/2018
Amended 12/14/2018
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ALTON PLANNING BOARD
NOTICE OF PUBLIC HEARING
Notice is hereby given that the ALTON PLANNING BOARD will hold a PUBLIC HEARING on TUESDAY, December 18, 2018, starting at 6:00 P.M. in the ALTON TOWN HALL, ALTON, NH, to consider proposed amendments to the Alton Zoning Ordinance for 2019 ballot vote, as summarized below:
1. To amend Article 300, General Provisions, Section 320 Non-Conforming Uses, to combine duplicated language that pertains to the continuation of nonconforming uses and structures; to clarify that a nonconforming use is considered abandoned if changed to a conforming use; to clarify that a nonconforming use may not be changed to another nonconforming use; to detail the criteria for the expansion of a nonconforming use; to combine duplicated language that pertains to the destruction of a nonconforming use or structure by fire or natural disaster; to specify the criteria for the expansion of structures for nonconforming uses and the expansion of nonconforming structures beyond existing elevations; to specify where to find the definition of building envelope; and, minor grammatical and housekeeping changes.
2. To amend Article 300, General Provisions, Section 329 Condominiums, to change the number of permitted dwelling units per multi-family building from four to five.
3. To amend Article 300, General Provisions, Section 359 Stormwater Management, Sub-Section C., Applicability, to require the use of stormwater management measures for construction or development of any size that is determined to be allowing runoff to leave the site.
4. To amend Article 200, Definitions, to add a definition of Product Storage Area, to amend Article 300, General Provisions, to add a new Section 322, Product Storage Area, and to amend Article 400, Zoning District Regulations, Section 401 Permitted Uses - Table of Uses, Section D. Retail Business and Service, to add new use #53, Product Storage Area.
5. To amend Article 400, Zoning District Regulations, Section 460 Residential Rural Zone, Section 463 Restrictions Governing Use, Subsection A.1., to clarify that one single family dwelling only is allowed on a lot and the minimum lot area shall be one acre.
Copies of the full text of the 2019 Amendments to the Alton Zoning Ordinance proposed by the Planning Board are available free of charge from the Planning Department during regular business hours, are posted at the Post Office and Town Hall for viewing purposes only, and can be found on the Town of Alton website www.alton.nh.gov.
If inclement weather necessitates cancelling the public hearing, then the public hearing will be continued to a "snow date" of Thursday, December 20, 2018, starting at 6:00 P.M. in the ALTON TOWN HALL, ALTON, NH. A notice shall be posted on the front door of Town Hall announcing the meeting cancellation on December 18th and the continued meeting date of December 20th. 11/29/18 ALTON PLANNING BOARD
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Draft Dated: November 29, 2018 - Final Draft for Public Hearing December 18, 2018
2019 AMENDMENTS TO THE ALTON ZONING ORDINANCE
PROPOSED BY THE ALTON PLANNING BOARD
FOR BALLOT VOTE AT THE 2019 TOWN MEETING
The amendments to the Alton Zoning Ordinance proposed by the Alton Planning Board are outlined below. Additions are shown in bold italic text and the deletions are shown in strikethrough text.
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Amendments #1 - #5 are substantive amendments submitted for the voters’ consideration.
PLANNING BOARD PROPOSED AMENDMENT #1:
1. Amend Article 300, General Provisions, Section 320 Non-Conforming Uses, to combine duplicated language that pertains to the continuation of nonconforming uses and structures; to clarify that a nonconforming use is considered abandoned if changed to a conforming use; to clarify that a nonconforming use may not be changed to another nonconforming use; to detail the criteria for the expansion of a nonconforming use; to combine duplicated language that pertains to the destruction of a nonconforming use or structure by fire or natural disaster; to specify the criteria for the expansion of structures for nonconforming uses and the expansion of nonconforming structures beyond existing elevations; to specify where to find the definition of building envelope; and, minor grammatical and housekeeping changes, as follows:
SECTION 320 NON-CONFORMING USES, STRUCTURES AND LOTS
(As amended 8 March 1983, 11 March 1992) [Sec A moved from Sec 221 by ATM 3/11/97] (As amended 11 March 1998, 14 March 2000, 11 March 2003, March 13, 2012, March 8, 2016)
A. Non-conforming Uses, Structures and Lots:
A.1. Continuation: of use. Any lawful use of land, buildings, or structures which existed prior to the effective date of the ordinance or amendment which made the use nonconforming shall be allowed to continue, subject to the provisions of this Article.
B.2. Abandonment: of use. Any nonconforming use which is abandoned shall not be reestablished or resumed. Abandonment occurs when the nonconforming use is replaced by another use changed to a conforming use, or when the nonconforming use has been discontinued for a period of eighteen months (18 months) with no proven intent on the part of the owner to continue its operation.
C.3. Change of use:. An owner of a A legally existing nonconforming use may not be changed the use to another nonconforming use.
D.4. Expansion of nonconforming use:. An owner of a legally existing nonconforming use may not expand the use without first obtaining a special exception from the ZBA. The
ZBA shall not grant such a special exception unless the proposed expansion is clearly not a new use, will not have an increased detrimental impact on the neighborhood, and will not increase any existing nonconformance (of the building) of setbacks or lot coverage.
Nonconforming uses shall not be altered, expanded or changed, except that minor changes that meet the criteria below, may be permitted by Special Exception. The applicant shall demonstrate that the conditions applicable to Special Exceptions in Section 520 below have been met. In addition to the general Special Exception criteria, the applicant shall demonstrate that the proposed expansion/alteration/change (1) does not substantially change the nature and purpose of the original use; (2) the expansion/alteration/change does not have a substantially different effect on the neighborhood; (3) the expansion/alteration/change does not make any existing conforming building nonconforming within the terms of this ordinance; and, (4) the expansion/alteration/change does not render the premises proportionally less adequate for the use in terms of the requirements of this ordinance.
Non-residential Site Plan Review shall be required in any event for any non-residential use.
E.5. Legal Nonconforming Use destroyed Destruction by Fire or Natural Disaster: Nothing herein shall prevent the restoration, reconstruction and/or replacement by the landowner within 3 years of a building containing a Legal Nonconforming Use nonconforming structure or use destroyed in whole or in part by fire or natural disaster so long as this use the restoration, reconstruction and/or replacement does not result in a new or expanded Nnonconforming structure or use and provided the restoration, reconstruction or replacement complies with all current life safety and building codes through adequate separations, and/or building materials.
F.6. Replacement of Structures for Nonconforming Uses that are Voluntarily Removed: “In kind replacement” of structures for nonconforming uses that are voluntarily removed may be permitted if a Special Exception is approved by the Zoning Board of Adjustment if replacement complies with the following in addition to the criteria outlined in Section 520. “In kind replacement” means keeping the same square footage of building area while allowing the building footprint to be realigned so long as the new structure complies with all setback requirements. If a change from seasonal to year round use is proposed, then approval of a Special Exception is needed from the Zoning Board of Adjustment under Section 320 A. 4. Expansion of Use.
G.7. Expansion of Structures for Nonconforming uses beyond existing building dimensions elevations:. A structure which is part of a nonconforming use may not be expanded upwards, or above the existing roofline or downwards, or below the existing sill foundation, without first obtaining being granted a sSpecial eException from the Zoning Board of Adjustment. The Zoning Board of Adjustment shall not grant such a sSpecial eException unless it finds that the proposed expansion will not have an adverse impact on abutters or other property owners, and that any expansion of the structure for the nonconforming use (such as an increase in the number of bedrooms) will be accommodated by a water supply and sewage disposal system approved by the NHDES Water Supply and Pollution Control Division Subsurface Systems Bureau.
B. Nonconforming Structures:
1. Continuation of nonconforming structures. A structure which existed prior to the effective date of the ordinance or amendment which made the structure nonconforming shall be allowed to remain, subject to the provisions of this Section B.
H.2. Expansion of nonconforming structure:.
a. Alteration. No nonconforming structure may be enlarged or altered in a way which increases nonconformity, except as provided for by this Ordinance.
b. Expansion of footprint. In cases where an entire structure is nonconforming and all of the nonconforming structure is located within the setbacks, the structure may be expanded provided the addition is built towards the building envelope if a Special Exception is approved by the Zoning Board of Adjustment. For clarification, see the figure below:
c. Expansion of building beyond existing boundaries elevations. A structure which
is nonconforming due to a violation of setbacks may not be expanded upwards, or above the existing roofline, or downwards, or below the existing sill
foundation, without first obtaining being granted a sSpecial eException from the ZBA Zoning Board of Adjustment. The ZBA Zoning Board of Adjustment shall not grant such a sSpecial eException unless it finds that the proposed expansion will not have an adverse impact on abutters, and that any expansion of the use structure (such as an increase in the number of bedrooms) will be accommodated by an approved water supply and a sewage disposal system approved by the NHDES Subsurface Systems Bureau. (Amended 10, March 2015)
d. A deck, porch or patio shall not be converted to living space if same is located partially or wholly within any setback area.
I.3. Repairs. Any nonconforming structure may be repaired within the confines of the existing foundation, exterior walls, and roofline to ensure the safe condition of the structure in accordance with existing building regulations.
4. Legal Nonconforming Building or Structure destroyed by Fire or Natural Disaster: Nothing herein shall prevent the restoration, reconstruction and/or replacement by the landowner within 3 years of a Legal Nonconforming Building or Structure destroyed in whole or in part by fire or natural disaster so long as the new structure does not result in a more Nonconforming Building than was originally at the site, and provided the restoration, reconstruction or replacement complies with all current life safety and building codes through adequate separations, and/or building materials.
J.5. Replacement of Nonconforming Structures that are Voluntarily Removed: Replacement of nonconforming structures that are voluntarily removed may be permitted if a Special Exception is approved by the Zoning Board of Adjustment if replacement complies with the following, in addition to the criteria outlined in Section 520:
a. There is no increase in the number of bedrooms;
b. There is no increase in the non-conforming aspect of the structure;
c. The replacement structure would shall not create a new non-conforming aspect
to the structure;
d. The replacement structure would shall be allowed to expand only within the
building envelope as defined in Section 200 of this ordinance;
e. The replacement of a nonconforming structure voluntarily removed shall be relocated, to the extent feasible, to reduce the nonconforming aspect of the
structure; and
f. Further “iIn kind replacement” would shall not permit conversion from seasonal use to year-round use without installation of a year round domestic water supply and installation of a septic system approved by the NH Department of Environmental Services.
C. K. Nonconforming Lots:
1. Continuation. Any lot which was lawfully laid out by plan or deed duly recorded in the Belknap County Registry of Deeds prior to the effective date of the ordinance or amendment which made the lot nonconforming shall be allowed to continue, subject to the provision of this Section 320 CK.
2. Use of nonconforming lots. A single family residence may be erected on any legally existing nonconforming lot provided all necessary state and local permits can be obtained, and the lot has adequate access to a Town approved road. Any other use must also first obtain a sSpecial eException from the ZBA Zoning Board of Adjustment.
RATIONALE:
This proposed amendment would eliminate duplicated language and clarify the requirements for Special Exceptions with regard to nonconforming uses, structures and lots. The amendment also more clearly defines expansion of nonconforming uses.
PLANNING BOARD PROPOSED AMENDMENT #2:
Amend Article 300, General Provisions, Section 329 Condominiums, to change the number of permitted dwelling units per multi-family building from four to five, as follows:
SECTION 329 CONDOMINIUMS
B. New Construction for Condominium Conveyance:
In all zones where multi-family dwellings are permitted uses, the construction of new multi-family dwellings to be conveyed as condominiums shall require Planning Board approval. Construction shall not exceed four five units per building for all multi-family structures built after 2004. The Alton Planning Board's power to approve specifically includes the power to minimize impact on the town services by requiring phasing in appropriate circumstances (RSA 674:36).
RATIONALE:
In the interests of equity between different ownership types, this proposed amendment would make the number of dwelling units allowed in condominium developments the same as the number of dwelling units allowed for multi-family dwellings.
PLANNING BOARD PROPOSED AMENDMENT #3:
Amend Article 300, General Provisions, Section 359 Stormwater Management, Sub-Section C., Applicability, to require the use of stormwater management measures for construction or development of any size that is determined to be allowing runoff to leave the site, as follows:
C. Applicability
The requirements of this article shall apply for building development on any tract of land where:
1. slope of land before or after development is 15% or greater and area disturbed is 1000
square feet or greater; or
2. slope of land is less than 15%, area disturbed is 1000 square feet or greater and disturbed
area is 20 feet or less from the top of a slope of 15% or greater.
All slopes are measured over a horizontal run of 50 feet.
No construction or lot development of any size is permitted to divert or direct additional runoff from the subject property onto any other property. The measures described in this ordinance for stormwater management shall be utilized as needed to collect and treat stormwater runoff. Any construction or lot development of any size that is determined by the Code Enforcement Officer to be allowing runoff to leave the subject property shall be required to follow the application procedures contained herein and to submit such plans and install such permanent stormwater management measures as are necessary.
The following are exempt from the requirements of this article as they are otherwise regulated:
1. Developments subject to Site Plan Review application process;
2. Developments subject to Subdivision application process;
3. Timber harvesting operations;
4. Earth excavations covered by RSA 155-E; and
5. Shoreland Impact Permits under the Shoreland Water Quality Protection Act (RSA 483-B). Shoreland Permits by Notification may be subject to requirements of this article as determined by the Code Official.
RATIONALE:
This proposed amendment would require stormwater management measures to be provided for construction or lot development of any size that allows runoff to leave the subject property.
PLANNING BOARD PROPOSED AMENDMENT #4:
1. Amend Article 200, Definitions, to add a definition of Product Storage Area, as follows:
Product Storage Area - A property for the outdoor storage of products marketed offsite for later distribution to wholesale or retail customers. Examples of these products include, but are not limited to, shipping containers, and other durable goods.
2. Amend Article 300, General Provisions, to add a new Section 322, Product Storage Area.
SECTION 322 PRODUCT STORAGE AREA
A Product Storage Area is a property for the outdoor storage of products marketed offsite for later distribution to wholesale or retail customers. Examples of these products include, but are not limited to, shipping containers, and other durable goods.
Onsite wholesale or retail sales, individual pickup of items, general public access, or terminal facilities for handling freight are not included in this use. Boat storage is not included in this use. Junkyards are not included in this use.
Properties used for a Product Storage Area shall either maintain a minimum 25' vegetative screening buffer to abutting properties, install plantings to achieve the same effect, or install fencing of a design and color that will minimize visual impact to abutting properties and blend as closely as possible with the surroundings. Fences and/or a screening buffer and/or plantings shall be a minimum of six feet in height, and shall completely surround the Product Storage Area.
The use of a structure for an onsite office is permitted, but there shall be no assembly, maintenance or cleaning performed on the stored items. Hours of operation shall be set so as to minimize negative impact on the surrounding neighborhood. Access to the property shall be provided from a Class V or better highway. Non-residential Site Plan Review shall be required.
3. Amend Article 400, Zoning District Regulations, Section 401 Permitted Uses - Table of Uses, Section D. Retail Business and Service, to add new use #53, Product Storage Area, as follows:
Retail Business and Service R LR RC RR RU RS Notes
53. Product Storage Area N N N E Y N
RATIONALE:
This proposed amendment would add a new use to permit the outside storage of products that are not sold from the site but are marketed online or other offsite means and delivered to the purchaser.
PLANNING BOARD PROPOSED AMENDMENT #5:
Amend Article 400, Zoning District Regulations, Section 460 Residential Rural Zone, Section 463 Restrictions Governing Use, Subsection A.1., to clarify that one single family dwelling only is allowed on a lot and the minimum lot area shall be one acre, as follows:
SECTION 463 RESTRICTIONS GOVERNING USE
(As amended 13 March 1983, 13 March 1984, 13 March 1991, 9 March 2004, 14 March 2006, 13 March 2007, 10 March 2009, March 9, 2010)
The following shall govern permitted and all other uses:
A. The minimum lot area shall be:
1. Dwelling –Single Family – one (1) acre per dwelling unit.
RATIONALE:
This proposed amendment would clarify that in the Residential Rural District, one single family dwelling is permitted per lot and requires a minimum lot size of one acre.
NS/
11/29/18