Planning Board

Minutes

August 28, 2008

Official as of November 13, 2008

Chair Nikki Roy calls the work session to order at 6:30 p.m. 

PRESENT: Chair Nikki Roy, Roger LeClerc, Herb Johnson, Alternate Scott Campbell, Town Planner Elaine Planchet, and Board Secretary Lisa Fellows-Weaver. Selectmen Representative Ken Curley, and Alternate Eric Reitter arrives at 6:35 p.m.

VOTING DESIGNATION: Chair Nikki Roy, Roger LeClerc, Herb Johnson, Alternate Scott Campbell. Selectmen Representative Ken Curley, and Alternate Eric Reitter (6:35 p.m.). 

ABSENT: Vice-chair Robert Fletcher, Pete Jones, George Jabre, and Alternate Victoria Parmele.

MINUTES: 8/11/08 are distributed.

July 10, 2008: Ken Curley makes a motion, second by Herb Johnson, to approve the minutes of July 10, 2008, as amended as follows:
Page 2: Restate as follows: Ms. Planchet explains that a note from Mr. Church said that he … Motion passes; 5/0/1. Mr. Reitter abstains.

OTHER BUSINESS:
Planner’s Items
Irving Oil Facility 
Ms. Planchet explains that Mr. Hickey has received a plan from the Irving Oil Station regarding adding a 10,000 gallon diesel tank which would replace the existing 6,000 tank. Mr. Hickey has asked if Irving would need to come in to meet before the board. Ms. Planchet states that the site will look the same after the addition as this expansion is in quantity not in use.

The board reviews the plans and Mr. Reitter states that he would prefer to meet with Irving and have the board review plans further. He would like to see the reasons for the underground storage tank and he believes that the board should take this opportunity to have an inspection performed by the town and bring an outside inspector in as well considering all of the issues that there have been with gas stations in town. Mr. Reitter believes that this is a function of the board and it would be a benefit for all for this issue to be viewed and discussed.
 
Mr. LeClerc adds that this is an appropriate time for the board to check to make sure that all of the maintenance and installation has been done correctly. With some additional discussion, the board agrees that this is an expansion of use and a minor site plan would be required. Ms. Roy notes that it is the town’s procedure for the board to have input.

Strafford Regional Planning Commission (SRPC)
Ms. Planchet notes that she has received an email from SRPC noting that Julie LaBranche has resigned effective September 5. She adds that Ms. LaBranche will continue on a part time consultant basis through October in order to continue with the buffer ordinance project for Northwood.
 
Water Resources Subcommittee/Karen Smith
Ms. Planchet explains that Karen Smith has requested a meeting with the planning board to review and discuss the buffer recommendations. Ms. Planchet will schedule the meeting.

Starting Times for Regular Meetings
A discussion is held regarding the attendance at meetings and quorums and if the board should change the starting times. Discussion ensues and the board agrees that all meetings will begin at 7:00 p.m. beginning in September. 

Holiday Meeting Schedule
The board agrees to the following change in schedule due to holidays:
  Due to Thanksgiving, November 27, the November regular meeting will be November 20, 2008 and will begin at 7:00 p.m.
  Due to Christmas, December 25, the regular meeting will be held December 18, 2008 at 7:00 p.m.

Proposed Ordinance Changes
Ms. Planchet suggests that the process of proposed ordinances should begin at the next work session, 9/11. Ms. Planchet mentions that the board previously expressed an interest in establishing impact fees as well as an ordinance change relative to a moratorium for the Gulf Road area. 

Capital Improvement Plan
Ms. Planchet states that she has been in contact with Marion Knox regarding establishing a meeting with the planning board and the facilities committee to discuss capital improvement projects for the town. Ms. Knox indicated that the facilities committee is scheduled to meet September 3 and will discuss the request at that time. 

NH Land Surveyors Association
Ms. Planchet explains that a letter that has been received from the surveyors association noting regulations for certified plot plans and boundary plans regarding to setbacks. The association believes that only licensed land surveyors are qualified to do this and requests that town regulations be changed accordingly. Ms. Roy states that she believes that the board’s regulations address this matter. Ms. Planchet will further review.

7:00 p.m. and Ms. Roy closes the work session and opens the public hearing. 

VOTING DESIGNATION: Chair Nikki Roy, Selectmen Representative Ken Curley, Roger LeClerc, Herb Johnson and Alternates Scott Campbell and Eric Reitter. 

NEW CASE:
CASE 08-09: Stephen Czarnecki & Linda Cunningham, 958 First NH Turnpike. Map 217/Lot 59. Applicants seek site plan review for two businesses: motor vehicle repair and dog training with breeding business. Property owned by Theresa Canejo-Mosher.

Ms. Planchet explains that a phone message was received from Linda Cunningham requesting that they not continue with the process as they were not successful with the purchase of the property. She states that she returned the call and left a message requesting written communication and has not heard back until today. She states that Ms. Cunningham left another message today noting that they are still trying to work out the purchase details and requested to put the application on hold.

Ms. Planchet states that a technical review committee was held and notes were generated. She reminds the board that at the work session the board reviewed the information and a significant list of items was created noting outstanding information that would have submitted for a given deadline. The board indicated that if the necessary information was not provided then the board could deem the application incomplete. She states nothing else has been received since the work session.

Ms. Planchet states that she has received communications via email from an abutter relative to the case stating that they would not be able to attend. Ms. Planchet states that she replied to the abutter noting that the applicant has notified staff that they would be withdrawing the case. Additional discussion is held regarding the application.

Mr. Curley makes a motion, second by Nikki Roy, to not accept the application. Mr. Curley makes an amendment to the motion, second by Nikki Roy, to not accept the application due to the lack of information provided. Motion passes unanimously; 6/0.

Some public is present for this case; however, the abutters list was not read as the application was not accepted.

DISCUSSION:
Chesley Memorial Library, Parking Lot Expansion
Mr. Curley explains that the selectmen have approved a proposed plan for the parking lot at the library. He explains that the plan was approved so that the board could proceed with the project by putting it out to bid as this is a time sensitive issue and this would expedite the process. In addition, Mr. Curley states that the BOS began this project due to safety issues and crossing of Rte 4 from the park-and-ride to the library. He adds that there were high snow banks this year which also were a problem. He explains that the selectmen are aware that they are not required to meet with the board; however, they want the planning board to have input relative to the town’s regulations to make sure that the project is done correctly. 

A discussion is held regarding the expansion of the parking lot and if it is a change of use. Mr. Reitter notes that this is similar to the ball fields project in where it was a courtesy that the planning board was involved. Ms. Roy notes that this review follows the board’s regulations and this project would fall under site plan regulations as the parking area is an expansion of use.

Ms. Planchet refers to RSA 674:54, which requires notification to the planning board for review and comments. She states that the board would need to decide if the proposal of adding 8 parking spaces is a substantial use. She states that previous practice has been that the board has required notification to the abutters. Ms. Planchet notes that there may be drainage issues and the area is close to the cemetery setbacks.  There may also be specific requirements for cemeteries.
Underwood Engineering’s recommendations and plans are reviewed.  The board identifies the following items of concern that should be addressed:
 Setbacks to be delineated and considered.  The southwest and southeast edges of the parking lot are within the 20 foot setback;
 Location of cemetery to be reviewed and delineated as well as the 25’ setbacks;
 Parking dimension requirements should be reviewed as 8’ spaces are shown when 9’ width is required;
 Address landscaping requirements (i.e. trees to be planted along Rte. 43, revised regulations for lots with 20 or more parking spaces);
 Stormwater regulations have not been met: post-development runoff and infiltration are not to exceed pre-development levels;
 Permeable pavement should be considered;
 Question on leach field being placed under pavement;
 Check handicapped parking dimensions shown;
 Note that the existing sidewalk on the northwesterly side is over the abutter’s property line. (May require “Equitable Waiver for Dimensional Requirements” RSA 674:33-a.)
 Abutter notifications; public notice; completion of site plan application;
 Amount of spaces to be determined; 19 are numbered and 20 are shown on the plan.
 
In general, the board believes that this is an opportunity for the town to do the project right and apply the newly adopted site plan regulations.

Mr. Curley states that the selectmen will contact Underwood Engineering regarding the plan and the recommended items. He requested a memo be sent to the town administrator noting the specific issues. 

APPLICATION TO BUILD ON A CLASS VI ROAD:
Dennis and Linda Sullivan, 17 Summer St. Map 116; Lot 6.
Ms. Roy explains that the application is a request to build a 12’x22’ addition to a seasonal dwelling.

A discussion is held regarding the emergency issues within the Gulf Road area.  The recent tornado is mentioned as an example of what happens in an emergency. Mr. Reitter believes that with that issue the board has the authority to stop building in the Gulf Road area as the area hit by the tornado is similar to this and people were cut off.

Ms. Roy states that the tornado is a good example and a reminder as a practical reality. She notes that the first responders will do what ever it takes to get to the area. She is comfortable with not recommending this permit. 

Mr. LeClerc states that the home is seasonal and the owners should be happy that they have the seasonal dwelling. Mr. Reitter agrees. Mr. LeClerc states that when you add on to a structure there will be more people and more traffic.

Mr. Johnson agrees and adds that once approved for the addition the owner could then turn around and insulate the structure and it becomes a year round residence, which would be a large structure for the area.

Ms. Roy states that if the board is going to change the recommendations then it is important that the board is consistent with future projects. She states that to her the size does not matter; the point is that there is a safety issue in the Gulf Road area and the tornado is an example of the issues of access. Mr. Reitter adds that this will apply to all subdivisions, all lots of record; the board must be consistent.
 
Ms. Planchet asks what the board will do if they take this position now to not approve anything else in the Gulf Road area. Ms. Roy states that the Master Plan states that the Gulf Road area needs to be addressed. She notes that the Master Plan suggests that a moratorium be placed on building until the issues are rectified. Ms. Planchet suggests that the board discuss this as a change to the ordinances.

Mr. Reitter makes a motion that the planning board recommends that the selectmen do not approve the building permit for the aforementioned reasons, road conditions, and effects that occurred due to the tornado. Mr. Reitter withdraws his motion due to the fact that has previously recused himself from issues relative to the Gulf Road area.

Nikki Roy makes a motion to recommend that the selectmen do not grant a building permit, citing the recent natural disaster as an example of a situation when the significant safety concerns relative to the inadequate access in the Gulf area could have been catastrophic. Ms. Roy also cited the Master Plan, where the Gulf area is identified as an area of significant concern with regard to the safety of access. In addition, the home owner currently has an existing useable dwelling on the property. Mr. Curley seconds. The motion passes; 5/0/1.  Mr. Reitter abstains.

EASEMENT PLAN:
Peter and Thomas Johnson, 1334 First NH Tpke. Map 110; Lots 28 & 29.
The board reviews the easement plan and the information will be forwarded to the town’s assessing department.

SIGNATURE/PENDING FILES:
CASE: 06-08: Franklin and Sandra Bean, 36 Bean Rd. Map 234, Lot 12-2. Subdivision of 4 lots. Conditional approval 11/6/06. Extension approved on 9/27/07 for one year.

Ms. Planchet states that she sent a certified, return receipt requested letter to the Beans on August 28 to remind them of their subdivision extension. She explains that the notice of decision requires that the pavement must be completed by 11/6/08 otherwise the planning board will revoke the subdivision approval.

CASE: 07-10: Sarah & Emily Low, First NH Tpke. Map 221; Lot 40. Subdivision of 100 Acs. to create 69.972 Ac. back lot for conservation and water resource protection purposes.
Ms. Planchet explains that on August 12 the Lows’ attorney sent revised documents to town counsel. She has received an email acknowledging receipt of the documents from Atty. Mitchell on August 21 and now we are awaiting town counsel’s review. She notes that the three exhibits were not provided.

CASE 08-03: John Harvey House Properties, LLC/U.S. Housing Consultants, Marc Precourt, 931 First NH Turnpike. Map 217; Lot 3. Site plan to change use from retail to office. Property owned by Marc and Scott Precourt. Conditional approval 5/22/08. No additional information has been provided.
 
CASE 08-08: Misty Leah, LLC – The Cottages at Harvey Lake, Eleazer (Lee) Carver, 977 First NH Turnpike. Map 217/Lot 9. Applicant seeks minor subdivision for condominium conveyance. Conditional approval 8/11/08.

Ms. Planchet states that Tom from True Engineering is looking into the Comprehensive Shoreland Protection Act (CSPA) to see if that is an issue for them. She adds that Mr. True provided an e-mail re: his discussion with  NHDES noting that the CSPA should not be an issue since the septic system was previously approved. She adds that she has still requested that something be provided in writing from NHDES.

CASE 08-07: Gail A. and Russell L. Martell, 298 First NH Turnpike. Map 231/Lot 41. Applicant seeks a site plan review for proposed family group day care. Conditional approval 8/11/08. No additional has been provided.

OTHER BUSINESS:
Planner’s Items Continued
Legislative Changes with Planning Board Implications
1. Small Wind Energy Systems (ch. 357)
2. Workforce housing (ch 299)
3. Right to Know (ch 303)
4. Growth Management Ordinance (ch 360)
5. Outdoor Wood-fired hydronic heaters (ch. 362)

Ms. Planchet will prepare a summary of these changes for the board review.

Planner’s Hours
Ms. Planchet is requesting a change of her schedule. She explains that in the summer she worked a full day on Thursdays and also worked at home. She continues to have access to phone messages and to communications via email. She is requesting to continue with just one day per week in the office; Wednesdays, for 5 hours; 8:30-1:30.

Further discussion is held regarding hours open to the public and adjustable hours of working at home. Mr. Reitter expresses concern with the actual amount of hours available to the public in town hall. He would prefer to not reduce the availability.  Mr. LeClerc inquired about whether the BOS has a say in this matter.  Mr. Curley states that the planner works for the planning board; however, the selectmen have final approval.  Mr. Johnson states that everything is covered. Mr. LeClerc states that this will help the planner out with her schedule and save on fuel as well. Ms. Roy states that she is okay with the adjustable hours. Nikki Roy makes a motion to support the hours requested by the planner at this time; however, should the work load increase or when there are projects, the planner continue to be available and adjustable with the hours. Herb Johnson seconds. Motion passes; 5/1. Mr. Reitter is opposed.

CORRESPONDENCE
All correspondence is reviewed and no actions are required.

OTHER
Mr. Reitter requests that the board fees be reviewed and the board’s revenues also be provided for review.

ADJOURNMENT
Motion to adjourn is made by Herb Johnson, second by Ken Curley. Motion passes unanimously at 8:49 p.m.

Respectfully submitted,
Lisa Fellows-Weaver
Board Secretary