TOWN OF BETHLEHEM
Planning Board
August 28, 2019
BETHLEHEM TOWN HALL MEETING ROOM
Minutes
6:00 pm
Present: Vice Chair Mike Bruno, Chris McGrath, Marie Stevenson, Kevin Roy, Kim Koprowski, Chris Jensen
Alternates: Anthony Rodrigues and Peter Roy
Excused absence: Chairman Johnathan Stevenson and Student Liaison: Nick Meachen
Vice Chairman Bruno opened the public hearing at 6:00 p.m. All stood for the Pledge of Allegiance. He expressed sympathy for the passing of Sandy Laleme, who had been an ex-officio member of the Planning Board and a Select Board member. He asked for a moment of silence.
Mr. Bruno said that Anthony Rodrigues will be filling in for Johnathan Stevenson. Mr. Rodrigues will be a full voting member this evening.
The public notice was read for a lot line adjustment: Jette/Girouard
The checklist was complete. There was no input from the board
Mike Bruno made a motion to accept the checklist as complete, Chris Jensen second and it passed 7-0.
Gardner Kellogg provided the details. There was no board or public input
Chris McGrath made a motion to accept the Lot Line application as complete for Jette/Girouard. Marie Stevenson seconded, and it passed 7-0.
Arlington Hotel
Joel Margarettem, representing the Arlington Signature Hotel LLC, presented a letter to the Planning Board requesting a waiver of a condition from May 20, 2016 requiring the hotel to “install sound barrier and screening at all rooftop air handlers and around generator.”
In 2016 the Planning Board had approved the site plan for the hotel with five conditions, including the one about sound barriers.
Mr. Margarettem said The Arlington has met the other conditions would like to have the one about noise waived, due to cost and a lack of complaints about noise. He said the hotel would like its certificate of occupancy and the town’s code officer will not provide it because that condition has not been met.
Mr. Bruno then read the August 20, 2019 letter submitted by The Arlington Hotel to the board.
“Attn Planning Chief
Town of Bethlehem NH
As we were directed, following the inspection for our final C of O, we were supposed to install sound barriers at the rooftop air handlers.
Since there were no issues on this matter in the past and it is very complicated and cost effective to install it on an existing roof, I would like to request a waiver for the sound barriers so we can obtain our final Certificate of Occupancy soon.
Thank you,
Benny Wercberger
Arlington Signature Hotel LLC”
Mr. Bruno said he was not aware whether there have been any complaints, but the board does not typically waive conditions.
Mr. McGrath said he voted against this condition originally, but it was on the plans before construction began at the hotel and so it wasn’t a surprise to the owners.
Mr. Jensen said the Select Board has not taken any action on this and is waiting to see what happens with the planning board. He also said the hotel promised to do this and for two years it wasn’t done. He said he did not see the point of having a condition if the applicant can come back two years later and ask it be canceled.
Mr. Jensen said he does not understand why it has not been done and sees no reason to waive it.
Mr. Kevin Roy said once a condition is agreed to, it should be done.
Mr. McGrath said he visited the area and talked to neighbors and they said they do hear the equipment.
Mr. Jensen said he had an email from the owners of 42 Maple Street saying it is a serious problem. He now says he misspoke and wishes to correct that. The address was 42 Lewis Hill Road.
Ms. Stevenson said she wondered who was responsible for this condition not being met after two years and somewhere, somebody dropped the ball. She said it is unfair to place all the blame on the hotel for the condition not being met since the town did not do anything.
Mr. Jensen said he checked with a lawyer at the New Hampshire Municipal Association and there is no state time limit for when conditions should be met. The lawyer said it is up to the town to set a limit.
Mr. Jensen said there should be a process to make sure when conditions are set that they are met.
Mr. Bruno said it should be clear that checking is not the job of the planning board. It is the responsibility of the Select Board and its Code Officer to enforce such conditions. Allowing a waiver would be a “slippery slope” for other projects, he said.
Mr. Peter Roy wondered whether the planning board could give the hotel a few more months to meet the condition and support a local business, but Mr. Bruno said he does not think the board has that authority.
Mr. Bruno opened the meeting up to public comments.
Neil Brody spoke about the noise coming from the HVAC unit. He explained that he has gone to the Arlington to speak about this. He was told that no one was available to speak with him on several occasions and he has not gotten any help from the town.
Carol Hayward of 42 Lewis Hill Road said she can no longer open her windows after 30 years of doing so. Her 98-year-old dad lives there also, and he tells her about the noise and how it interferes with his sleep.
Scott Lequere said that he is at the top of the street and he hears the HVAC unit and the generator at all hours. The lights are still extremely bright, and the Arlington traffic turns around in his driveway. He said the hotel needs a sound barrier.
Matt Kristoff said he can hear all the noise from the units but is just no sure who to call.
Rita Farrell said that it was a condition and either the hotel has laws or it doesn’t.
Mr. Jensen said it is important to support businesses, but it is also important to support residents, the condition should have been met long ago and he made a motion to reject the request for the waiver.
Kim Koprowski seconded the motion and it passed 6-1, with Marie Stevenson abstaining.
Neil Brody asked about the Arlington lights issue. Mr. Bruno told him that was not an issue on the agenda and he should raise it with the Select Board. They are responsible for enforcement actions.
Mr. Jensen said he would talk to the Select Board about a way to make sure the code officer regularly checks to see that conditions are met. He also said it is possible the Arlington issue could be brought up Friday at noon at a meeting of the Select Board.
Rules of Procedure
The board went over the final additions to the document which details how the board goes about making its decisions.
One change was removing a three-minute limit on how long members of the public may speak. Instead, the chair will decide what is reasonable based on the circumstances.
It was determined that the public hearing for the final document will be September 25, 2019 at 6pm.
The proposed changes will also be posted on the town website and noted in The Town Newsletter.
Minutes from July 24, 2019
Mr. Bruno motion to accept minutes from July 24, 2019 Chris Jensen second 5-2 motion passes Kevin Roy and Chris McGrath abstained
Board Business
Mr. McGrath asked about having a Bethlehem student as another liaison. Ms. Koprowski said that she would look into that.
Chris Jensen asked about the board considering limits on construction hours when it considers site plans in the future. He noted complaints from neighbors about the AHEAD project.
Mr. Kevin Roy said it is important to consider how construction companies have a limited amount of time in which to work.
Mr. Jensen agreed that is a concern, but said it was also important to protect residents from their lives being disrupted for months and months.
There was a discussion about considering such limits during future site plan reviews. Mr. Bruno said the board can consider that issue.
Rita Farrell said that the town has a noise ordinance from many years ago. Mr. Jensen said the police chief said there is no ordinance because the previous select board rejected that proposal. Ms. Farrell said she will find it.
Marie Stevenson spoke on how she had to sit in traffic for over 20 minutes at the AHEAD project. Shouldn’t there be a state engineer on project?
Mike Bruno asked if Debbie could look into state and private work hours.
The board asked about sand pit inspection and was told the paperwork will be delivered to Ms. Bayley. There was also a discussion about the process for sand pit inspections when a pit is closed?
Mr. Brody asked who to talk to about garbage at the Arlington Hotel attracting animals. He was directed to the Select Board.
I didn’t get this guy’s name said he lives at 2433 Main Street and he worried about a water retention pond from AHEAD that is close to his home and whether it would drain quickly enough. He also said he was worried about his driveway washing out and he just wanted his concerns noted. Mr. Jensen told him if the pond is not draining, he should bring that to the attention of the select board.
Peter Roy asked about name tags. He was told they have been ordered.
Ms. Stevenson made a motion to adjourn and Ms. Koprowski seconded. It passed 7-0.
Adjourned 7:45
Respectfully submitted
Debbie Bayley
P/Z clerk
