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Planning Board Page 1 of 17 January 16, 2014 Goshen NH Town Of Town of Goshen Planning Board Minutes of January 16, 2014 Members Present: Doug O’Clair, Chair; Bob Bell; Alicea Bursey; Allen Howe; Ed Peckham Chair O’Clair called the meeting to order at 7:00 p.m. and appointed Mr. Howe as a voting member for tonight's meeting. OTHER BUSINESS Mr. Howe updated those present on the recent developments regarding the school district's court case. PUBLIC HEARINGS Chair O'Clair explained the protocol for the public hearing. Explained that this meeting is a continuation of the December 12, 2013 public hearing, at which time there were six amendments to the zoning ordinance proposed. Amendments One, Four and Five were approved by the Planning Board to move forward as proposed for a ballot vote on March 11, 2014. Amendment Six was eliminated for consideration on March 11, 2104 since it was the Board's opinion that the issue needed further study to create a workable amendment. Since substantial changes were agreed to be made to Amendments Two and Three, this meeting will revisit only Amendments Two and Three as reworded from December 12, 2013. Chair O'Clair explained that it is the Planning Board's duty to regularly review all zoning regulations and recommend changes as necessary for ballot vote. Amendment 3 There shall only be one building allowed for residential purposes on a lot; provided however that the Zoning Board of Adjustment may grant a special exception authorizing a second dwelling unit, either contained within or attached to a single-family dwelling, or within a detached accessory building on the same lot. In order to grant such a special exception, the board must find, in addition to other standards contained in this ordinance, that a finding that the following conditions are met. 1. The living space in the second dwelling unit shall not exceed 700 square feet 2. The existing or proposed home is and will remain a single family, owner-occupied structure 3. The existing or proposed home is currently conforming to zoning 4. The existing or proposed home is currently or planned to be owner-occupied 5. The property owner states that the accessory dwelling unit shall not be used as a rental unit 6. The property shall have only one cub cut and driveway 7. The accessory unit shares utilities in common with the primary structure 8. Evidence of adequate septic capacity 9. Adequate vehicle parking and turn-around on site Planning Board Page 1 of 17 January 16, 2014 Goshen NH 10. That a site plan be approved by the planning board to insure that the accessory dwelling unit does not change the character or negatively impact he neighborhood. 11. An agreement is signed with the Board of Selectmen with approval conditions and including a restriction that the accessory dwelling unit hall not be used s a rental be executed prior to the issuance of a building permit. Chair O'Clair the only change made to this proposal from the prior version was to eliminate the requirement that the accessory unit be occupied by a family member only. Ms. Bursey commented in support of the change and explained that based on comment from the audience the change opens up the accessory apartment for close friends and/or others who are not blood related, which is more in the spirit of the intent of this amendment. Question from the public was what if the family member or occupant wants to pay rent. Chair O'Clair explained that the decision to pay their own utilities is an agreement that would be made with the property owner. This amendment as written would prohibit a property owner from advertising the accessory dwelling as a rental unit. Alan Greenhalgh asked if someone turns their home into a two unit dwelling, how do you control the maintenance of the electrical system in a residence that has an accessory apartment. Chair O'Clair explained that there is only one electrical meter allowed. Mr. Greenhalgh commented that there is no enforcement capability with this amendment. It is possible to have a family member share residence and not necessarily need a separate dwelling unit, without negatively impacting the neighborhood. He commented that he feels the Board is opening Pandora's Box by creating a lesser code of building and this practice should not be encouraged. It also creates issues with trying to certify and/or update the capacity of an old septic systems that have no records available on file. How is a homeowner going to get approval for an additional bedroom - who is going to inspect the septic systems? He commented that the Town should leave well enough alone and deal with things issue by issue. Chair O'Clair explained that if someone wants to create an in-law apartment in an accessory building they will need an occupancy permit since it is new construction, which will uphold the building standards. All accessory apartments will need Planning Board approval and have to meet the town regulations. Mr. Greenhalgh commented that if a property owner wants to sell their home and it has an existing in-law apartment, passage of this regulation will make that existing apartment an illegal use and the new homeowner may not be able to get a mortgage because the property won't be on record within the Town as having an accessory dwelling. Expansion of low income living quarters is going to increase the expansion of children, which will in turn result in an increase in the tax rate. Planning Board Page 2 of 17 January 16, 2014 Goshen NH Chair O'Clair commented that the limitation of 700 sq. ft. should eliminate the possibility of large families, which could have a negative impact on the tax rate. Fred Smith commented there are records available on old septic systems going back to 1972 from DES if something can't be find in the local file. Chair O'Clair commented that most towns in the area are creating in-law apartments as a way of trying to be conscientious of the economy and higher living expenses. Much of what is proposed here is similar to that which is already in effect and working in neighboring towns. Mr. Howe commented that this amendment proposes that the record keeping will be filed with the Board of Selectmen regarding conditions and restrictions on use of properties. The Board previously had talked about requiring a deed reference recorded at the registry; but the majority of the Board felt that requirement would be too restrictive and create unnecessary costs on the property owner. Bruce Nadeau commented that if there was an indication in the property deed, then there would be no grey area, everything would be above-board for the buyer, seller, and mortgage lender, and it would also be on the tax records. Chair O'Clair commented that the signed agreement would be in the property file at the Town Office. If the agreement is part of a signed, recorded deed; then the property owner will incur an expense to hire a lawyer to create a new deed. The Board's intent is to try to help reduce costs, and the deed requirement seems contrary to that intent. Chair O'Clair commented that the realtors are following up on the accessory apartments and would make sure there is an approval on file prior to marketing the property. Being no further questions/comments on this amendment, Chair O'Clair closed public input on this amendment and explained the Board will deliberate on this amendment after discussion of proposed Amendment 2. Amendment 2 A.4. Recreation District There shall be a Recreational District to accommodate the needs of year-round recreational and other uses within the leasehold are of Mt. Sunapee Resort. More specifically, the purpose of this district is to: (a) provide for the base and on-mountain facilities necessary to operate the ski mountain; (b) encourage the use of facilities and site for year-round recreational and cultural uses and activities; and (c) allow for commercial and other uses. A.4.a District Boundaries Planning Board Page 3 of 17 January 16, 2014 Goshen NH The initial boundaries of the Mt. Sunapee Recreation District are all of the land owned by the State of New Hampshire within the Town of Goshen Tax Map 411 as Parcel 011, and Tax Map 412, Parcel 32. If a Mount Sunapee Resort 5 year Master Development plan is approved by the New Hampshire Department of Resources and Economic Development ("DRED") for expanding the recreational facilities of Mount Sunapee in Goshen, the following parcels, owned by Mt. Sunapee Resort and shown on the aster Development Plan submitted to DRED, shall automatically be added to the Recreation District: Tax Map 411, Parcels 010,013,015,024,025, and the remainder of Tax Map 412, Parcel 32. A.4.b. Uses Permitted (subject to site plan review approval by the Planning Board) A.4.b.1 Chair and surface lifts, and gondolas; A.4.b.2 Alpine and cross country ski trails, hiking, biking and snowshoe trails; A.4.b.3 Base lodge facilities to accommodate lift ticket sales, ski and bicycle repair, rentals, sales and accessories; ski and bicycle lockers/employee locker room; ski school and ski patrol facilities; restaurant/lodge/banquet facilities; snack bar sales; meeting facilities; offices an facilities ancillary to the Mt. Sunapee Resort including recreational, real estate sales and rental offices, cultural and educational programs; and parking lots; A.4.b.4 Ski racing facilities; A.4.b.5 Snowmaking facilities; A.4.b.6 Outdoor ski and bicycle storage facilities; A.4.b.7 Inline skating and skateboard park; A.4.b.8 Recreational uses and facilities including, but not limited to, parks, playgrounds, play fields, tennis and volleyball courts, swimming pools, and ice rinks; A.4.b.9 Special
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