PRESENT – Greg Tillman, Mike Morasco, Tom Dwyer Jr.; Steve Colby; Selectman’s Representative Karen Sott; Planner Clay Mitchell; Secretary Phyllis McDonough.
CALL TO ORDER – Chairman Tillman called the meeting to order at 6:00 p.m.
Chairman Tillman explained a Memorandum of Understanding before the Board regarding the agreement between the Town and KJ France to do work behind the Town Hall, which the Selectmen have agreed to. The Chairman explained the Town Administrator has signed the document; the Chairman needs to sign the document and then forward the document to KJ France.
Dwyer moved, Colby seconded the motion for Chairman Tillman to sign the document. The motion carried unanimously.
SUBDIVISION & SITE PLAN FEE SCHEDULE: Dwyer moved, Colby seconded the motion to remove the Newspaper Publication fee from the Subdivision and Site Plan fee schedule, because newspaper publication of notices are not required by the regulations. The motion passed unanimously.
DISCUSSION: Plans reviewed by Fire Department
Parties: Mark Nickerson
Mark Nickerson came before the Board to discuss issues that the fire department has with new businesses in town and residential developments and asked that the fire department receive copies of plans on any new developments or businesses for their review and comments. Nickerson explained their concerns are some of the cul-de-sacs and areas that are too small for their trucks.
Nickerson explained one of the developments he feels there is a problem with is The Orchards where big loops are bad for the fire department with no water supply at that development. Chairman Tillman explained that the Board brought up cisterns at one time and the feedback from the fire department was against them. Nickerson explained the reasons why cisterns would not be acceptable, but said dry hydrants should be considered.
Chairman Tillman directed the secretary to mail the agenda to the fire department and get an extra set of plans from the developer for the fire department.
Chairman Tillman directed Mitchell to add to the Board’s punchlist a revision to the Town’s regulations to have applicant meet with the fire department. Tillman explained many of the issues the fire department has problems with are outside of the Boards ability to alter due to the regulations, and suggested that the fire department should review the regulations for general concerns, to help reduce issues before the site plans are received. The Fire Chief agreed to do so.
Chairman Tillman asked what sites in town the fire
department has a problem with. Nickerson
explained one is the
DISCUSSION: Notice of Decision,
Location: High Road - Map 004 –
Mitchell explained there is one change to the Notice of Decision from the document that was requested by the Board during the review on April 3: It is the opinion of the Board that visual impacts are minimized by putting a tower where people expect to see it. That change has been made.
Chairman Tillman moved, Selectman Sott seconded the motion to ratify the previous vote and approve final form of the Notice. The motion carried 4 – to 1, with Dwyer abstaining.
DISCUSSION: Request for Waiver of Site Plan
Review
Parties: PSNH
Location:
George Ferdette on behalf of PSNH came before the Board to explain the proposal to replace a 120 foot tower on Route 125. He explained the use is for the public service use to communicate with the maintenance and repair staff. They will be upgrading their equipment to have digital meter reading. Chairman Tillman explained he felt this would need a public hearing and that he has no problem with a tower on Route 125 but would not support a waiver to bypass site-plan review on this proposal. The Board concurred.
DISCUSSION: Questions on property
Parties: Paul Gatchell
Location:
Paul Gatchell came before the Board with his proposal. He explained the property in question is 1 ¾ acres in the High Density Residential Zone that he would like to develop. He explained the property is level out back, and he is able to achieve the 25 foot setbacks. Gatchell explained he would like to put three, four unit apartment buildings, and stated there would be little to no disturbance to the lot.
Morasco questioned if Gatchell would put a walkway to the school. Gatchell stated one already exists.
Gatchell stated he would need a letter from the Board to go to the Zoning Board. Mitchell stated this density is consistent on what’s been trying to be achieved. Mitchell explained the nature of the process is that the Board finds no objection so the Zoning Board can do their process then Gatchell would come back to the Board.
Selectman Sott inquired if the proposal will be rentals or condos. Gatchell explained they will be apartment rentals.
Morasco asked about the fire department trucks. Gatchell stated he feels there is plenty of room for the trucks.
Selectman Sott asked Gatchell if he will be removing the existing house. Gatchell answered that house will stay. Tillman caution that if it stayed, it would become part of the plan, subject to site plan review.
Mitchell stated if CEO Kramer tells Gatchell that he needs a Special Exception the Board would inform the Zoning Board that they have reviewed the proposal and find no objection to the proposed development and will address their concerns in the site plan review process. The Board asked Mitchell to look at whether this awkward process can be streamlined, but agreed that as long as it is required, the Board should not stand in the way of the applicant applying to the ZBA.
Gatchell was told the Board will be looking at lighting, architecture, landscaping, curbing, parking and any other issues that come under the site plan review.
Gatchell was also informed after he goes through the Zoning Board he would need to meet with the fire department and water and sewer as well as coming back to the Planning Board.
Dwyer moved, Colby seconded the motion to write the letter with the required language to the Zoning Board. The motion carried unanimously.
DISCUSSION: Update
Owner/Developer: David & Maureen Kennedy (Holy Grail).
Location:
Chairman Tillman stated this discussion is postpone to next meeting, and directed Mitchell to look into the decibel information.
PUBLIC HEARING: Continuation - Site Plan
Owner/Developer: NM Cook Development, LLC
Location: RR. Ave., NH 125 &
Chairman Tillman announced this hearing is continued to August 14.
PUBLIC HEARING: Continuation - Site Plan Review,
Owner/Developer:
Location:
Morasco moved, Colby seconded the motion to continue the hearing to July 10. The motion carried unanimously.
PUBLIC HEARING: Three-Lot Subdivision
Owner/Developer Howard
Location:
Penny Lewis came before the Board
with the proposal. She explained she had
been before the Board with a conceptual plan where there were two questions
raised regarding a shared driveway for 3 families shared driveways off Beede
Road and has been in touch with her father’s attorney who will be attaching
the appropriate easement language. She
explained the other issue raised is regarding the oversize lots so each of the
deeds will carry restrictions and legal descriptions will also be drawn up based
on the plans. She explained she has
been to the Zoning Board where she was granted a variance for no less than 50
feet of frontage on
Mitchell stated his only comment
is regulating the location of the driveways on the particular lots, and the
building location on lot 3. He asked if
there is any concern that there may or may not be a septic area for the rear
portion of lot 3 or will there be a pipe running to the front portion of the
lot. Lewis explained the only reason
it was done like that is because they originally had done test pits in the
front area and the back is high ground.
Lewis explained she has a copy of the test pits that were done. She said no septic piping would cross the
wetlands.
A discussion ensued regarding the pending Wetlands Dredge
and Fill application which is awaiting review and approval at the DES. Chairman Tillman noted that the Epping
Conservation Commission had reviewed the proposed wetlands impact and concluded
that the impact might be an improvement as the culverts would be larger than
the ones currently in place.
Chairman Tillman asked if a
conditional use permit is required for the driveway. Mitchell stated it is.
Chairman Tillman opened the
public hearing. As there were no
abutters present, Chairman Tillman closed the public hearing.
Chairman Tillman explained his
concern is there should be some way to access the back land and eventually
create an access to
Chairman Tillman questioned how
this would work as far as creating an easement.
Mitchell explained if a proposed road dead ends in a large lot you would
draw a connection to the next land.
Mitchell explained the difference with this is there is no road in this
plan.
Morasco moved, Selectman Sott
seconded the motion to accept the plans.
The motion carried unanimously.
Dwyer moved, Colby seconded the
motion to approve the Conditional Use Permit for the wetlands impact. The motion carried unanimously.
Comments were made regarding the “Proposed Use and Enjoyment” Easement noted on the plan. Chairman Tillman indicated that this was a private matter.
Dwyer moved, Selectman Sott
seconded the motion to approve the plan with the addition of the note on the
plan for lot 1 and 2 driveways will stay within the easement as displayed on
the plan. The motion carried
unanimously.
The LUPF was duly signed.
PUBLIC HEARING: Site Plan
Owner/Developer: Roy
Hurlbert
Location:
Gerry
Morello and Paul Brown came before the board with the proposal. Brown explained the plan has been to the Board
of Selectmen for approval regarding expanding the island in the road right of
way, which was granted.
Selectman
Sott asked the applicant of the intent.
Brown explained the intent, when ask for change of use, will be selling
cars, parts and repair and cannot do it because of the 2,000 foot rule. Morello explained the plan is that he is
buying Brown out of the car sales business so there are not conflicting
automobile dealerships in the zone. Morello
explained when Hurlberts came in they had every intention of going into this
property.
Tillman
spoke of the 2,000 foot rule and how it relates to moving the business to this
site, and reminded the applicant at last meeting the Board talked about
lighting, wetlands retention pond moved off the public right of way, parking in
the back on where the wetlands began, keeping the tree line, improvements to
the plans to read easier, and the parking to be defined.
Morello
showed on the plan where the parking is defined making it much cleaner, and
stated by doing that there have been three spaces lost. He showed where the customer parking lot and
another area facing Route 27.
Chairman
Tillman explained the Town's Ordinance prohibits car dealerships within 2,000
feet of each other. Brown explained he
is waiving all rights to do auto sales on his site.
Morasco
asked Mitchell for an explanation on the transferal of the grandfathered
business. Mitchell explained the Board
needs to look at the intent of the ordinance which was intended to prevent the
proliferation of these types of businesses within a certain distance of each
other so as they are not right next to each other.
Morello
brought up the issues of the retention pond and explained there is no room to
back that up off the town right of way.
Dwyer withdrew his request for that, in part because the retention pond
also helps with road drainage.
The
efficacy of the retention pond was questioned.
Mitchell explained there are two issues with a retention pond, volume
and velocity. He stated with this so
close to the Lamprey his suggestion would be to increase the detention pond.
The
Board specified their concerns and informed Morello what they will be looking
for at the next hearing:
·
Improvements to retention pond when applicants come back.
·
Bring the drainage up to the original intent or propose improved
alternatives.
·
Work on a plan to maintain drainage in back and flow test on the
pipe.
·
Need delineation for parking around the edge and in the back of
the site.
·
Granite curbing in the front entrance.
·
Sheds deleted from the plan if they are coming down.
·
Note on plan, no parking on the grassy area only where approved on
the plan.
·
Dumpsters out back shown on plan.
·
Show lighting fixtures to Mitchell for his review.
·
Show the plan to Reinhold regarding the curbing along the road.
·
More variety of landscaping, know the names of the plantings.
Morasco
moved, Selectman Sott seconded the motion to approve the transfer of the
grandfathered business. The motion
carried unanimously.
Morello
explained he would like to have two granite posts out by Route 27 for signage
and understands the low illumination.
The Board advised him to show a plan of his proposal.
Morasco
moved, Colby seconded the motion to continue the hearing to July 10. The motion carried unanimously.
MINUTES OF MAY 8, 2008 FOR APPROVAL – Dwyer moved, Colby seconded the motion to approve the minutes as amended. The motion carried 4 – to – 1 with Selectman Sott abstaining.
MINUTES OF MAY 22, 2008 FOR APPROVAL – Chairman Tillman announced the Board will address the minutes at the June 26 meeting.
CORRESPONDENCE
FROM CODE ENFORCEMENT OFFICER RE: HURLBERT
CORRESPONDENCE
FROM JOHN BARRY & NANCY CARVER ,
ADJOURNMENT – The meeting adjourned at 8:30 P.M.
Respectfully Submitted,
Phyllis McDonough,
Planning Board Secretary
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