Planning Board

Minutes

May 8, 2008

Official as of June 12, 2008

Chair Nikki Roy calls the work session to order at 7:00 p.m. 

PRESENT: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, Alternate Victoria Parmele, and Town Planner Elaine Planchet.

VOTING DESIGNATION: Chair Nikki Roy, Vice-chair Robert Fletcher, Selectmen Representative Ken Curley, Pete Jones, Roger LeClerc, and Alternate Victoria Parmele.

ABSENT: George Jabre and Herb Johnson

PUBLIC: Lucy Edwards; Joe McCaffrey; Eric Reitter; Bob Strobel; Scott Campbell; Rick Wolf. 

Alternate Members:
A discussion is held regarding the process of conducting interviews. Ms. Roy references RSA 91-A and suggests that the board not enter into a non-public session. Other board members express their opinions as to the process. Mr. Curley explains the selectmen’s process of interviews. After discussion, Ken Curley makes a motion, second by Bob Fletcher, to go into non-public session under RSA 91-A:3(II)(c). With a roll call vote, the motion passes unanimously; 6/0 at 7:07 p.m.

Ken Curley makes a motion, second by Nikki Roy, to come out of the non-public session. With a roll call vote, the motion passes unanimously; 6/0 at 8:45 p.m.

Nikki Roy makes a motion to appoint Eric Reitter as an alternate for a two year term to expire March 2010. Ken Curley seconds. Motion passes; 5/1. Mr. Fletcher is opposed.

Nikki Roy makes a motion to appoint Scott Campbell as an alternate for a three year term to expire March 2011. Ken Curley seconds. Motion passes unanimously; 6/0.

Ms. Roy thanks the residents for their interest in the town and the board. She adds that it was a difficult decision for the board to make. 

Ms. Roy invites Mr. Reitter and Mr. Campbell to join the board; however, recognizing that they are unable to vote at this time until they have been sworn in.  They are seated at the table. 

Pete Jones leaves the room.
Water Resources Subcommittee
Karen Smith is here representing the subcommittee. Requests for Qualifications (RFQ) on Stormwater grant project are distributed and reviewed.

Ms. Smith provides an overview of the work that the subcommittee has done over the past two years. She explains the matching grant received from the NH Estuaries last year with matching funds from the planning board to total $10,000. She explains that Strafford Regional Planning Commission was chosen for the stormwater management grant.

Ms. Smith explains that for the second grant, six responses were received and the subcommittee met and reviewed all submissions. Their first recommendation is for TTG because the committee felt that they really understood what the request was, clearly outlined their approach, timeline, emphasis on education, and had the most experience in stormwater design.

The second choice was SFC. The subcommittee felt that they too grasped the proposal; however, it appears that they feel that the shoreline work is included. Also, the subcommittee felt that SFC may have thought there were specific areas for stormwater. Ms. Smith notes that SFC have strong experience, and communication skills.

The third choice was Provan and Lorber.

Ken Curley makes a motion to accept the recommendation of the subcommittee for TTG for the stormwater proposal. Bob Fletcher seconds. Motion passes; 5/0/1. Mr. Jones abstains as he was out of the room for the discussion.

Ms. Karen Smith will send letters as necessary to the submitters.

Ms. K. Smith states that a new volunteer joined their subcommittee discussions and would like to have him appointed to the subcommittee.  The subcommittee will send a letter to the planning board requesting his appointment.

New Applications:
CASE 08-03: John Harvey House Properties, LLC/U.S. Housing Consultants, Marc Precourt, 931 First NH Turnpike. Map 217; Lot 3. Applicant seeks to amend site plan to change use from retail to office. Property owned by Marc and Scott Precourt.

Ms. Planchet states that the TRC meeting has been held and comments were noted regarding the changes within the structure. Concerns were identified with building and fire code requirements given a change from residential to office use since office equipment is heavier than household contents.

Discussion was held relative to the number of parking spaces and the driveway and site distances from that location. The applicant has indicated that their proposed use would be limited to a small number of employees without any traffic from the general public. Concerns were noted relative to whether deliveries and repair companies would enter the site. Additional discussion is held regarding the waiver requests for all items. Ms. Planchet explains that this is a lesser use than was present with residential/retail. The board had earlier discussed this was a less intense use but that site plan review was necessary because it is a change. 

The board agrees to request an updated plan delineating specific parking space locations and that site distances be shown. Ms. Roy notes that the board may not have enough information to proceed if an updated plan is not provided. She believes that a plan should be accurately drawn to scale. Ms. Planchet will notify the applicant.

CASE 08-04: David and Deborah Church, 227 Ridge Rd. Map 219; Lot 4. Applicants seek to subdivide 7.3 acre into two lots; 3.48 acs. and 3.81 acs. 
Mr. LeClerc recuses himself from this case due to a conflict of interest since he has the listing.

Ms. Planchet states that the TRC met and refers to the notes provided from that meeting.  The access to the lot is not shown. She refers to RSA 674:41 and notes an agreement with the selectmen has been provided. She explains her comments as a result from her review. The calculations for the buildable land should be provided along with any wetlands, steep slopes, and agricultural soils and districts. Mr. Reitter notes that a wetlands scientist stamp is also required.

A discussion is held regarding private roads and the RSA 674:41 process. Ms. Planchet explains that the town regulations have been met as there is 150’ of frontage on Ridge Road. However, if the access is to be on Range Rd., then RSA 674:41 comes into play and the Ridge Road frontage would not apply.

Further discussion is held regarding the status of Range Road as it applies to this lot. The board would like to see where the status changes on the road.  Ms. Roy suggests that an inset may be necessary to show the differences in the classes of Range Road. The board also wants to see the actual notations as to the buildable land shown on the plan. Extensive discussion is held regarding the proposal and the agreement from the selectmen with the Churchs and the access issues.  It is suggested that the board request an opinion form town counsel regarding the access off of Range Rd. Mr. Curley makes a motion, second by Nikki Roy, to obtain a legal opinion regarding the BOS agreement and RSA 674:41 for the Church application, Case: 08-04. Motion passes unanimously; 5/0.

Ms. Planchet will provide notes to the applicant.

CASE 08-05: Robert and Suzanna Fletcher, 172 Harmony Rd. Map 123; Lot 8. Applicants seek to subdivide 8.5 acres into two lots; 5.71 acs. and 2.82 acs.

Bob Fletcher and Roger LeClerc have recused themselves.

Ms. Planchet notes her comments and the TRC comments. She states that the proposed lot was withdrawn from a subdivision proposal in 2005. This appears to be an odd shaped lot. The site distance is not shown. The board reviews the plans.

The board requests that additional information be obtained from the applicant relative to the driveway, location of well and well radius going over the property boundary, wetlands conservation district boundary should be better delineated, note any overlay districts in the area, copies of state and federal permits must be provided, contiguous buildable areas, proposed structures.

Discussion is held regarding the steep slope area. Ms. Roy notes that the setback to the wetlands may not be accurate. Mr. Reitter notes that the driveway appears to be over the septic system. Mr. Fletcher is asked for clarification and he explains the lot layout. He states that the 25% slope could be eliminated and the house could be closer to the road; however, more trees would need to be removed.

Ms. Roy refers to Section 5.01(F) for development purposes. She asks for Linda Smith’s comments regarding buildable land and why it was changed. Mr. Fletcher states that the one acre contiguous includes the 25% slope; however, the 25% slope cannot be built on. The wetlands can be used as long as they are not prime wetlands. He notes that a variance is not necessary.

The board requests grading and drainage details for the driveway.

Ms. Planchet will provide the applicant with the board’s comments.
Mr. Fletcher and Mr. LeClerc return to the board.

OLD CASES:
CASE: 08-01: Millstone Realty Trust, Jacqueline & David Docko, 1090 First NH Turnpike. Map 217; Lot 35.  Applicant proposes adding retail sales to existing business. Application was accepted 3/27/08. 65-day 5/31/08. Continued from 3/27/07.

Ms. Planchet states that a written request to withdraw was received from the applicant. However, since the case was continued to the May 22 meeting, the board could not act on the letter at this time.

CASE 08-02: William Porritt, 1 Overlook Rd. Map 210/Lot 19; Michael and Kathryn Reid, Bennetts Bridge Rd. Map 210/Lot 18. Applicants seek a boundary line adjustment to adjust property lines to accommodate the 20’ setback.

Ms. Planchet states that it was realized that the minimum lot width requirement is in the subdivision regulations, not the town’s ordinance. Therefore, a waiver will be required by the planning board not a variance from the ZBA.   

Minutes
March 4, 2008: Nikki Roy makes a motion, second by Pete Jones, to approve the March 4, 2008 minutes, as written. Motion passes unanimously; 6/0.

March 13, 2008: Nikki Roy makes a motion, second by Pete Jones, to approve the March 13, 2008 minutes, as amended as follows:
Page 2: Change: …amount… to …number…
Motion passes; 4/0/2. Ken Curley and Bob Fletcher abstain as they were not present.

March 27, 2008: The March 27 minutes are postponed for information and clarification regarding wording of a discussion held. The issue will be further addressed at the next meeting.

April 10, 2008:
Page 2: Amend paragraph 1: …by not granting…
Page 2: Amend paragraph 2: …engineers to become licensed and yearly criteria to maintain the license.
Page 2: Amend paragraph 2: … this change in use could exacerbate it.
Nikki Roy makes a motion, second by Bob Fletcher, to approve the April 10, 2008 minutes, as amended. Motion passes; 6/0.

Adjournment
Nikki Roy makes a motion, second by Roger LeClerc, to adjourn at 10:45 p.m. Motion passes unanimously; 6/0.

Respectfully submitted,

Lisa Fellows-Weaver
Board Secretary