PRESENT – Rob Graham, Mike Morasco, Greg
Tillman, Tom Dwyer, Jr.; Selectmen’s Representative Susan McGeough; Alternate
Steve Colby; Planner Clay Mitchell; Secretary Phyllis McDonough.
CALL TO ORDER – Chairman Graham called the meeting to order at 7:00 p.m.
The Chairman announced the
Board will hear the Industrial Communications application. Morasco reminded the Chairman that at the
last meeting the abutters for the Lavoie application were told they would be
first on the agenda. After a brief
discussion the Chairman called for a motion on the order of the agenda.
Morasco move, Selectman
McGeough seconded to hear the Lavoie hearing first. The motion carried unanimously.
SITE PLAN & SPECIAL (CONDITIONAL) USE PERMIT –
INDUSTRIAL COMMUNICATIONS –
Chairman Graham read notice for a 150 foot Telecommunications Facility and
accompanying equipment area. Parcel is
located at
Mitchell explained a
questioned was raised to him on the nature of Dwyer working for Dig Safe. Dwyer explained he has his own business. Statutes are clear if there a pecuniary
interest in the outcome of the application.
He raised the issue as it was raised to him and for the Board to
discuss. Dwyer asked the Board if they
had any issues with him sitting on this application. The Board as a whole stated they have no
objection.
Chairman Graham brought to
the attention of the Board that a document had just been received from Mr.
Maxson from ?? that the Board has not had a chance to review the document. He asked the applicant if they have had a
chance to review the document. Attorney Beliveau
explained he had just received the document this morning and has read over it
quickly and the applicant has just received it.
The Chairman explained the intent was not to open the hearing to an hour
long presentation on both sides. The
Chairman asked the applicant if he would like to continue the meeting to have
time to respond to Maxson’s document.
Attorney Beliveau stated if the document comes into the record they will
need time to respond. Chairman Graham
explained in his opinion the meeting should be continued.
Morasco asked Mitchell his
opinion on the submittal of any documents coming into the file for a hearing. Mitchell explained it is fair to consider the
issue of the document coming in late. He
then referred to the Rules of Procedure Section 9, b) & c) SUBMITTAL OF APPLICATION MATERIALS.
Attorney Beliveau recommended
to the Board if the hearing is continued the Board set a deadline to two weeks
prior to the hearing for any further information going into the record. He also added the applicant is willing to do
whatever the Board suggests.
The Chairman asked the
applicant how much time he would need to respond to tonight’s submittal by Mr.
Maxson. Attorney Beliveau stated he will
have his response by the January 31. Attorney Beliveau asked the Board if they
will be accepting materials just from the applicant. Chairman Graham stated that is correct, the
Board will only accept the response from the applicant to Maxson’s document.
Morasco moved, Dwyer seconded
the motion to continue the hearing to March 6, 2008 with the last day of
submittal from the applicant being January 31, 2008. The motion carried unanimously.
SITE PLAN -- LORRAINE & JACK LAVOIE, TRUSTEE,
Graham stepped down and Vice
Chairman Tillman appointed Colby to sit in Graham’s seat.
Joe Coronati from Jones &
Beach came before the Board and explained this site is two properties approximately
24 acres. He explained the proposal is
for 20, two bedroom units with a disturbed area of 2/12 acres. Coronati explained the roadway width is 20 wide
and a 700 foot long road private access to the units all units have garage on
bottom, second floor kitchen and dining room and third floor with two
bedrooms. Coronati explained he has talked
with the fire chief, and road agent, and that the project has been reviewed by
Altus Engineering, RPC. Coronati
explained 15 of the units are being serviced and 5 with water
Coronati explained the
dumpster is fenced and a fence along the retaining wall from unit 18 to 14.
Coronati explained the
entrance to the site onto
Selectman McGeough explained
she is still not happy with the entrance and feels it should be further down as
it is impacting the abutters too strongly.
Dwyer asked about the distance
from the road to the nearest to the house on
Coronati spoke on the concern
of the location of the road and explained they had both locations looked at for
safety and based on the design he feels it is safe. Coronati explained going in at Lavoie’s house
the development would be more spread out.
Selectman McGeough explained
her concerns are the two homes that will be affected by this development every
day.
Abutter Maureen Robbins explained
she bought the house with
Robbins presented an
appraisal of her property which states her house would take 90 to 100 percent
loss in value. She explained the appraiser’s
concern when erecting the wall it would put Robbins property in a box.
Robbins noted the Town’s Site
Plan Regulations call for a cul-de-sac for a site this size, and reminded the
Board that the former fire chief came before the Board and explained what hazards
he felt hammer heads are. Robbins showed
photos of other subdivisions in town with cul-de-sacs.
Robbins explained she asked Jones
& Beach to sit with them to explain their methodology, and informed the
board that no one has responded to their request.
Robbins asked what will
happen to the row of trees that are approximately 100 year old maples along her
house. Coronati explained they will be not
be disturbed.
Robbins asked if the entrance is a driveway or a private roadway as the Town has taken over private roads. Colby explained this is a condominium association that will be getting review from the Attorney General's office. The owners only own the interior walls. The owners pay monthly dues to an association and the association owns the exterior walls, the grounds, lighting, improvements and the road to the property. Should the owners wish to turn the road over to the town they would have to request the association to do it.
Robbins explained when coming
out of the proposed road onto
Robbins explained she does
not think a decision should be made until a decision has been made in court or
the right of way has been decided. She
asked that before the plan is approved the developer sit with the abutters, and
that she would like a fence all along the side of the road and by her house. Robbins asked about the snow and when it
melts if it will drain into her house.
Abutter Judy Forrest speaking
for abutters’ Robbins and Bernier came before the board. She noted that the wetlands permit stated
that in the application the road access is in the least intrusive spot. Forrest explained she disagrees and stated it
is lot 22 that leads to Lavoie’s property.
She explained there is seven acres of uplands. Forrest referred to RSA 155E-4a, etc. Forrest submitted a conflict of interest
document and a study that shows the noise damage the volume of traffic the
result of toxic fumes which create problems.
Forrest referred to the Altus
Engineers document which stated “that in some cases the plan did not meet the
standard regulations…..some plans were not sufficiently explained or not drawn
out where details need to include drawings……”
Forrest spoke of the NH alteration
of Terrain Permit which is required if construction disturbs more than 100,000
sq. ft., She stated the developer
calculated the area to be 98,000 ft. or 2.2.5 acres. She explained for the same area on the
surface coverage her calculation is 31 percent or 2.27 acres. She asked the board to ask the developer to
re-measure the area to be disrupted and be directed to apply for the permit.
Forrest spoke of the
applicant moving the stone wall eight feet from the property line in response
to the
Forrest spoke to the Board
about “other issues” (part of file):
Forrest stated that the
Planning Board cannot approve a plan which violates any zoning ordinance. She stated that the plan cannot meet the
seventy five foot setback and the well placement is in that setback.
A corner lot created by subdivision
article 6:13 must provide a side yard equal to the front setback; therefore
developer must apply for a variance.
Forrest asked that revised
plan meet standards be reviewed for compliance and feasibility by
Coronati addressed the
questions and concerns of the abutters.
He referred to the appraisal and explained the use is allowed in the
zone and does not feel the property will lose value. Coronati stated that the entire area was
surveyed by a licensed land surveyor and intend to record the surveyed plan if
approved . Coronati explained the cul-de-sac
can be done but would required pushing two units and the hammerhead back. He explained there will be curbing both sides
of the road so any storm water will not run off into Robbins site and the trees
will stay. Coronati explained that turning
in and out of the road he showed fire trucks turning around on the hammerhead
and did not run over property lines.
Coronati addressed the concern with safety in the area he felt it is
more blinding by a neighboring house.
Coronati stated that Forrest
brought up RSA 155 which is excavation for gravel pits, nothing to do with
site. He explained the Altus Engineering
concern which have been addressed. He
explained how they address disturbed areas by calculations. Coronati explained there will be no
destruction of any stone walls, and the site distance at this location is 260
feet.
Coronati explained waivers
are being requested for the length of the parking stalls and the width of the
road to reduced 9 x 18 and the width of the road to 20 feet with two foot
shoulders. Coronati explained the issue
of moving the hydrant is that every unit on site is within 1,000 feet on
Morosco asked for comment on Altus
Engineering noted on the plan. Coronati explained
there is a note on the plan on the disturbed area and explained there is a
decrease in storm water on site, a culvert on units one through five, and added
catch basin at the hammer head. Coronati
explained they provided grading a 2 percent and the slope away from the
foundations. Maximum driveway grades are
all less than the 10 % as requested.
Coronati explained the minimum
setback of 100 feet and a variance was received and a Conditional Use Permit
for the wetlands buffer, and a retaining wall does not constitute a building. Coronati explained the corner lot by
subdivision requires setback, and there are no setback on private roads. Coronati showed access to the project, the
area the applicant has the right to develop in and stated there is no right to
develop on any other site only in certain areas.
Dwyer asked for further
information on the hammerhead. Coronati explained
he showed a plan with a cul-de-sac and showed where there would not be room for
four of the condos. Dwyer reminded the
board that the fire chief stated they would rather see cul-de-sacs. Dwyer explained he remembered that the
wetlands and cul-de-sac were discussed
Tillman asked Mitchell about
wetlands buffering impact. Mitchell
explained it does impact the wetlands buffer.
He explained the requirement is that the deed restrictions on the other
properties will be part of the mitigation.
Morasco asked about the snow
removal Coronati noted it is shown on
the site plan on sheet C3. Morasco asked
what will prevent the snow from going into their property. Coronati explained it shows on the TOPO that
it will be going toward the wetlands.
Morosco asked how safe it will be for kids walking to school. Coronati explained this type of development
is a slow moving community and will be very safe.
Dwyer asked how wide it is from
Bernier to the Robbins house. Coronati
explained it is approximately 65 feet at the narrowest.
Mitchell explained this
proposal is within the zoning ordinance
The issue is what the Board has to deal with our regulations are a goal
and not a black and whit mandate. He
explained the legislature intended the waivers have to give and take. He explained some issues are in compliance and
some are not therefore the Board has to balance those.
Tillman explained the reason
the Board asked for the move of the unit is to reduce wetlands impact, which he
stated he would prefer.
Morasco questioned the
precedence of the cul-de-sac/hammerhead.
Mitchell explained this is not a public road and the reason cul-de-sacs
on public roads is it’s more efficient to turn around. Morasco asked about the safety study which
was brought up by the abutters. Mitchell
stated a conclusion to this site would not happen with a traffic study as it would
only look at intersections. Mitchell
explained putting striping on the road may help with safety. He reminded the Board the applicant has
proposed $20,000 mitigation amount to address traffic related matters.
Selectman McGeough stated she
has never heard a traffic study that gave any good information and explained
that waivers have been given and the waivers asked for are not unusual. She continued to state her concern is the two
abutters and their quality of life.
Selectman McGeough stated she feels there should be a sign, private road,
going in to avoid cars that don’t belong in that area.
Dwyer asked about utilities
on site. Tillman explained well water
for 15 of the 20 units and town water for the other 5, and Town sewer for all
of them.
Selectman McGeough asked
about the legal issue brought up by Forrest.
Mitchell explained unless the Court says the Board has to stop on
proceedings the hearing has to go forward.
Tillman stated if he a
traffic report would help the safety he would suggest that be done. He explained if he was abutter on
Mitchell explained if the
variance before the Court is struck down the Board’s approval goes away.
Mitchell advised fencing with
planting in front and along both sides of the road. Mitchell explained he will draft a notice of
decision which has to be available in seven days. He explained he will not add his own
opinions.
Morasco moved, Colby seconded
the motion to approve the parking stall waiver of 9 x 18 instead 10 x 20. The motion carried unanimously.
Selectman McGeough moved, Morasco
seconded the motion to approve the Road width waiver of 20 feet road instead of
22 feet. The motion carried 4 - to - 1
with Dwyer opposed.
Tillman spoke on the
Conditional Use Permit for wetlands crossing and wetlands buffers as specified
on the plan. He explained the
Conservation Commission’s opinion is that the wetlands crossing is minimal in
the preferred area and that the deed restriction and rest of site has more than
adequate mitigation.
Colby moved, Tillman seconded
the motion to grant the Conditional Use Permit.
The motion carried 4 - to -1 with Dwyer opposed.
Tillman moved, Colby seconded
the motion to approve the Site Plan with conditions of approval: $20,000 for
safety improvements given to the Board of Selectmen to administer at their
discretion, deed restriction, sign at entrance for private road, pre flagging
clearing area. The Motion carried 3 - to
- 2 with Selectman McGeough and Dwyer opposed.
Morosco asked Dwyer what led
him to vote against the motions. He
explained he feels giving the waivers means approval of the plan. He explained he voted against the application
is he feels the abutter Robbins is not taken into enough consideration
PUBLIC HEARING ZONING ORDINANCES – Tillman moved, Dwyer
seconded the motion to submit the language for warrant.
CENTURY OAKS SUBDIVISION – RE: BOND REDUCTION -- Tillman moved, Selectman McGeough seconded the
motion to reduce the bond of $313,005.70, leaving $516,782.60. The motion carried unanimously.
ADJOURNMENT
– Selectman McGeough moved, Colby seconded the motion to adjourn the meeting at
10:50 P.M. The motion carried
unanimously.
Respectfully Submitted,
Phyllis McDonough,
Planning Board Secretary
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