PLANNING BOARD MEETING
TUESDAY, AUGUST 3, 2004
356 Main Street
Members Present: Charlie King, Hiram Watson, Norman Russell, Troy Robidas, Gerald White, Bob Talon,
(Don MacVane called in absent)
Selectmen’s Rep: Paul Parker
Staff Present: Fran Osborne
Public Present: Randy Tetreault, Randy Orvis, David DeJager, Richard Maloon, Tony Alcorn, Bruce Cartwright, Cathy Brouin, Kerry (Walker Consultants), Kevin Willey (Police Dept.), R. Hamel & Susan Pretty, Kimberly Richard, John Huckins, Karoly Mathieu & Kathy King, others not signed in
· Chairman Charlie King called the meeting to order at 7:05 p. m. The minutes of July 20, 2004 were reviewed and Norm Russell made a motion to accept the minutes as presented, Gerald White 2nd, Bob Talon made motion to amend page 2 – line 14 from the bottom, change “doesn’t” to does recommend, Troy Robidas abstained, motion carried.
· Plaques to be awarded to Bill Tsiros and Jim Horgan will be presented to them personally by Chairman King.
· New Business:
1. Natalie Vickery (Tax Map R11, Lot 3), Meaderboro Rd. Proposed 2-lot subdivision. Randy Tetreault is here for a conceptual plan review of this proposal. He presented full-scale plans for discussion purposes. He is here to see what the feel is for what they are proposing. The property is 160 acres on the Meaderboro Rd. almost into Rochester. Bill Vickery passed away last year. The building on the property is rented and there is an orchard all around it. There is 250’ on the road. This is a minor 2-lot subdivision. He is subdividing 62 acres from the entire parcel. The Vickery’s
would like to avoid an entire land boundary survey and I am trying to avoid the remainder of the parcel having the boundary survey.
Norm Russell – delineating 40,000 s. f. of contiguous uplands and test pits front and back was discussed. Randy said this has been done. Discussion on a possible wetland crossing and permit for same. Norm said the 50’ right-of-way exceeds 900’. If they want to sell in the future, this would have to be addressed. There is no easy potential for future subdivision.
Hiram Watson – no problem with the 50’ right-of-way or requesting a boundary survey on the remainder of the property.
Bob Talon – it is a legitimate request and the property has natural boundaries.
Paul Parker – asked about the home. Randy Tetreault – it is a 4-unit apartment building, the 2nd lot may have one single-family home on it.
Charlie King – discussion on plan submission and what to include. The 2nd lot would need a survey if more than one home is done. Permit for access will be requested.
2. New Dam (Tax Map R49, Lots 48 & 58 and R60, Lot 18), 200+ acres, to develop 120± lots to sell in phases (phase I to be 18 lots). Richard Malone, Tony Alcorn and Bruce Cartwright are here for New Dam as partners to make their rough conceptual plan review proposal.
Paul Parker – I’m objecting to hearing this now because we the ZAMPS subcommittee of the Planning Board are in the process of changing the subdivision regulations and it may be putting the town at risk, Troy Robidas, Gerald White, Bob Talon and Norm Russell agree with Paul Parker. Hiram Watson sees no problem.
Tony Alcorn (partner of property). We bought the property in 1956 and started two years ago on the topo and how lots would be laid out. We are trying to do a good, sensible subdivision. They are
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here at the Planning Board Chairman’s suggestion and we are opening up the reason for not discussing it because of ordinances and regulations being re-written.
Randy Orvis – get direction on how to proceed. We need direction.
Paul Parker – made a motion to schedule New Dam partners to come to the Planning Board the first date after the IGMO (Interim Growth Management Ordinance) is determined, Troy Robidas 2nd. Discussion.
Bob Talon – there are not a lot of conceptual proposals beforehand. This is a good opportunity to have for insight and input from the board. I hope this is a right decision, Hiram Watson agreed. Paul Parker agreed, but we’re in the process of changing subdivision regulations.
Vote is Paul Parker, Troy Robidas, Gerald White and Norm Russell in favor, Bob Talon and Hiram Watson against, motion carried.
· Private Road Building Permit Applications:
(1) Jay Michitson, Lancelot Shores – Chairman brought this to the board’s attention to complete suggestions made by the board at the previous meetings. A Voluntary Merger has been applied and paid for and we would like to process this to be able to have Mr. Michitson move forward . Motion was made by Bob Talon to consider the voluntary merger before them for merging R6, Lot 59 and R6, Lot 76, Hiram Watson 2nd, motion carried. Norm Russell made a motion to approve the Voluntary Merger for R6, Lot 59 and R6, Lot 76, Bob Talon 2nd, motion carried.
(2) Todd Cain, private road building permit for Tax Map R6, Lot 65), Lancelot Shores Development.
(3) Todd Cain, private road building permit for Tax Map R6, Lot 101), Lancelot Shores Development.
Chairman King asked the board members if they wanted to discuss legal counsel letter presented for this meeting (attached). A narrative has been supplied with a letter from the association, a letter from Clark Hackett checking the driveway location, all information is in the file for the building permit. Discussion. On Tax Map R6, Lot 65 - Bob Talon feels the issue is the setback requirement, everything else is O. K. He would recommend to go to the ZBA for a variance from dimensional setbacks. Hiram – lot size is not an issue. No other concerns. On Tax Map R6, Lot 101 – Bob Talon feels the lot presents the same issue of dimensional setback requirements. Legal counsel says they still have to make dimensional setbacks or request a variance
by the ZBA. Paul Parker feels if it doesn’t meet setbacks, the correct procedure is to go to the ZBA. Norm Russell – discussion on sending the building permit to CEO (Code Enforcement Officer) for setback compliance, then to ZBA.
Norm Russell made a motion that the Planning Board recommend forwarding these two building permits for Todd Cain to the Selectmen for approval after the Code Enforcement Officer reviews them for dimensional setbacks based on current legal opinion received, if dimensional setbacks are not met schedule for ZBA meeting to apply for a variance, Paul Parker 2nd, motion carried.
(4) Robert Kelley, private road building permit for Tax Map R44, Lot 13, Yonder Ridge Development. Bob Talon is recused from this application. Narrative and file reviewed for completeness and compliance. After discussion on setbacks being met and file complete, Norm Russell made a motion that the Planning Board recommend forwarding this building permit for Robert Kelley to the Selectmen for their approval, Troy Robidas 2nd, motion carried.
Gerald White made a motion to recess for 5 minutes at 7:55 p. m., Norm Russell 2nd, motion carried. Chairman King called the meeting reconvened at 8:00.
Public Hearing 7:30 p. m.
· Scenic Road Tree Cutting/Trimming by Public Service Company of N. H. on Poor Farm Road.
Discussion on letter/narrative submitted (see attached). Dave Crane, representative and arborist from PSNH is here for hearing. Randy Orvis asked what road? Dave Crane – Poor Farm Road. Paul Parker
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sees no problem. Notification to abutters to the road are included in the file for review. A couple of trees will be removed at the request of a landowner. Dave Crane PSNH - trees 15” diameter and 4’ above the ground trees will be addressed. Discussion on work being done.
Paul Parker made motion to allow Public Service of N. H. to cut trees and trim brush according to narrative submitted, Norm Russell 2nd, motion carried. Troy Robidas recommended amendment that Mr. Sanborn’s trees not be cut as presented in the file, Norm 2nd, all in favor, motion carried.
· John & Virginia Huckins, 2-lot Subdivision, (Tax Map R16, Lot 7), Chestnut Hill Road, subdivide a 2-acre lot from 78.57 acres. Randy Orvis is representing this proposal. This is a 2-lot subdivision with 2 acres being removed from the 78.57 acres which currently has a home on it owned by Karoly Mathieu. Randy presented plans and read the narrative (attached). Norm Russell asked about remaining frontage. Randy Orvis – about 1800’. Norm – this has the potential for re-subdivision. Discussion on driveway location for new lot.
Charlie King – why isn’t the existing home shown on the subdivision plan? Randy – it would be way off the sheet.
Troy Robidas – concerned about future subdivisions and following the rules of the subdivision regulations because of future subdivisions. Section 4.09 of the subdivision regulations was discussed. John Huckins son, John Huckins Jr. – this lot is being taken out to sell as my parents may need the income for taxes, etc. in the future.
Paul Parker – the original land was Tax Map R16, Lot 17-2 (2 lots done in April 2003.) John Huckins – with the IGMO in place, he knows he has to address the threshold of what a major subdivision is.
Norm Russell – read the definition of a minor subdivision as follows: The subdivision of land into four or fewer lots, with no potential for re-subdivision, and requiring no roads, utilities or other municipal improvements. Discussion on potential for future subdivision and not qualifying. Randy Orvis – at the present time there is a 2-lot limit on subdivision according to the IGMO (Interim Growth Management Ordinance) in place.
John Huckins, Jr. – a major subdivision is not in the works in the next year.
Paul Parker – people just keep coming in for 1 or 2-lot subdivisions and it may not be in the best interest for the town. Where does it cross the line.
Troy Robidas – we also have open space requirements.
Charlie King – it’s not required for one lot.
Norm Russell – in the case of a major subdivision, 10% open space is required. Discussion on Section 4.14 of Subdivision Regulations (Open Space) definition read by chairman as follows: The Board may, where it deems essential, require that the plat show one or more sites of character, size, shape and location suitable to be used as community open space or park, in area not to exceed 15 percent (15%) of the total area of the subdivision. Such area of open space, whether privately or publicly owned shall have a sufficient legal restriction recorded in the Town land records to assure permanent use of open space. Open space land in private ownership shall be deeded in such a way that will assure operation or maintenance of the land in an orderly manner suitable for the purpose
intended. This provision shall not be applied to minor subdivisions.
Randy Orvis – we met with The TRC at a meeting. Clark asked about the driveway location.
Norm Russell – ask for waiver of major subdivision because of the IGMO in place. Randy Orvis will submit waiver in writing. Norm – in regulations, we can consider a waiver if requested. Board discussion. Hiram made a motion to table this to later in the meeting for the waiver, Paul Parker 2nd, all in favor, motion carried.
· Victor Lapierre, 2-lot Subdivision, (Tax Map R19, Lot 4), off Chestnut Hill Road. Randy Tetreault presented 2-sheet full scale plans showing a 1.29 acre lot being subdivided from the total 16.66 acres parcel. This is on the northerly side of the Peaceful Pines Mobile Home Park. They are subdividing out
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the existing double-wide mobile home from the 16.66 acres, the mobile home is owned by Charles & Karoly Mathieu. The 2nd sheet shows how the lot would be cut out. The purpose is for them to own their own land with the mobile home. I’d be asking for conditional approval because the State has not completed the site check – they are behind. There is 41,000 s. f. contiguous uplands shown and a new test pit done. A 3-bedroom home is existing on a slab. The TRC reviewed and there were no particular concerns. We did soils and wetland delineation plus existing remaining and new lot, 300’ frontage on Chestnut Hill Road. Abutter notification required us to notify the Mobile Home Park owners and mobile home owners abutting this
property. This was a new law that was passed.
Charlie King asked about public input. No public input was received.
Paul Parker – subsurface site is under 5 acres and needs site approval which is pending. They are behind. Hiram questioned the well. Randy – there are 2 proposed so as to provide for an alternate well location (one left front corner which is an artesian well).
Norm Russell – no test pit done on the remaining land. Randy Tetreault – given the soil type, I didn’t feel it was necessary. The whole front of the house is at least 40,000 s. f. of contiguous uplands (41,700 s. f.) and is greater than 41,700 s. f. on the remaining land. Randy can put note or box to define. Discussion.
Bob Talon – if subdivision is less than 5 acres, it doesn’t need to be on the plan, just a note so as to not clutter the recorded plan. Discussion on subdivision and test pitting.
Norm Russell – potential for re-subdivision. I don’t think this qualifies as a minor subdivision. Ask for a waiver to the requirement as a major subdivision (both lots to be perc tested) because of the current IGMO.
Randy Tetreault – I will draft a waiver regarding Section 4.07 of the subdivision regulations regarding the requirement of soil testing on each lot. Given that the remaining area is currently occupied and has an existing well & septic system capabilities we would request that relief from this requirement be granted.
Hiram Watson made a motion to table this to later in the meeting to prepare 2 waivers, make a note on the 40,000 s. f. of contiguous uplands. Ask for a major subdivision waiver because of the present IGMO (Interim Growth Management Ordinance) in place resulting in an inability to do a major subdivision, Bob Talon 2nd, motion carried. Discussion.
· Site Review Application by Elm Street Farmington LLC (David DeJager) for 24 Elm St. (Tax Map U6, Lot 68-1), to add commercial space in an existing apartment building for Juvenile Court Diversion Services. David DeJager is doing his presentation. He explained this is a continuation to find a location for this service in town. He is trying to locate this in the (UR) Urban Residential district. The site plan is shown with ample parking space configuration, existing lot dimensions & features, existing building configuration on the lot & a map of neighboring structures and uses. A letter of assurance from present neighbors
attesting to minimal local impact of this agency/service where it is located who stated they didn’t even know they were there. Letters of support from local Police & Fire Dept. in favor of support of this service & the benefits of the service to the town. Dave DeJager consulted with the CEO and Dept. Heads at the TRC meeting regarding the proposed use of this building.
David submitted waivers as follows:
(1) Waiver of Site Review Regulations Section 3.01, Article E & Section 3.02, Article A
Item 7. Finish floor elevations – justification: No change of pre-existing floor elevations.
(2) Waiver of Site Review Regulations Section 3.01, Article E & Section 3.02, Article A
Item 8. Grade Contours – justification: Very minor grounds changes proposed.
(3) Waiver of Site Review Regulations Section 3.01, Article E & Section 3.02, Article A
Item 13. NH Surveyor Stamp – not changing the exterior dimensions of the structure(s) or lot configuration in any way.
(4) Waiver of Site Review Regulations Section 3.01, Article E & Section 3.02, Article A
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Item 14. Written Engineering Report on Runoff – very minor ground composition changes that will not affect any abutters property or town services.
David presented plans. He will locate this service in the lower back barn portion of the building. Abutters, parking and existing features were pointed out.
Chairman King opened the meeting up to the public.
Suzanne Pretty Hamel, 14 Elm St. asked what this service entailed? Dave DeJager & Kevin Willey of the Police Dept. came before you previously . This is a clinical type office setting doing individual & group therapy with adolescents in recovery, smoking, drugs, stealing, etc. Therapy is usually in the afternoon. Offender mediation is after school and no later than 7:00 p. m. Latest hours 7:00 to 8:00 p. m. Kids do not want to hang out – they are there for appointment only. We have serviced about 200 in the last 2 years. We’ve only been called twice to the location. The effective rate is an 82 – 83% success rate, it’s effective. We see kids from New Durham, Middleton, Milton, Farmington and others in the area & we are expanding. No other outfit in Strafford County provides this service. We are relocating because the present building is being renovated. We will not be a noisy neighbor. Meeting opened up to board members by chairman King.
Paul Parker – to Kevin Willey - most clients are under 16 and will be walking. The kids we deal with are responsible & walk that area all the time. Some do come with parents. I don’t really have any concerns. They could come Crowley & My St. but I don’t know how abutters would feel. David DeJager owns that property & they could access through the rear.
Paul Parker – there is provision to respond in less than one minute if the need does arise, 9.1-1 speed dial is in place.
Discussion on grade contours waiver. Dave DeJager – in back is a fire escape at the easterly end of the building. There could be a drainage issue & I’ve raised the area as much as a foot. Dry wells have been put in and driveways are in place.
Troy Robidas – discussion on parking spaces. Dave DeJager said they are existing and he is in the process of renovating the building. This is a 7-unit building. There is a handicap parking space. Existing pavement is gone just as you come in. Discussion on entrance and exit.
Norm Russell made a motion that the Site Review Application is complete. Waivers are submitted with the plan for completion, Gerald White 2nd, no discussion, motion carried.
Gerald White – discussion on abutter concerns.
Bob Talon – proposed rear contours are now existing contours. Discussion on drainage – this is underground.
Dave DeJager – we’ve had a good season of rain and no problems yet.
Hiram Watson – open space discussion. It is a public way so it could be used.
Norm Russell – discussed leaving the parking lot as gravel vs. paving and minor composition changes.
David DeJager – under the fire escape we put in soils to run water away from the building.
Charlie King – discussion on traffic pattern – where do you come in & out? Dave DeJager – you come in on the right side & turn to the left to the building or right to the Laundromat or go around the building. There is no problem with traffic coming in and out as it is all open. Charlie King suggested clearing up and clarifying changes on the plan. Discuss extension of parking space & handicap access. Retaining walls represent lines on the plan. The dumpster location was discussed. My dumpster will be located in the rear for tenants of the building.
The change of use is creating commercial space for a service. Dave DeJager – we have searched out 14 sites for this service.
Charlie King – clean up the plan.
Paul Parker – parking is dedicated to tenants and they will have an assigned parking area. The plan is confusing. David DeJager will make corrections. Discussion of parking spaces.
Charlie King – the original submission took into account the potential for being paved.
Troy Robidas – people entering on Barry Elliott’s property discussion. David DeJager – I have an agreement with Barry Elliott on crossing his property. I will bring in a copy of the agreement for this
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accessibility. What about handicap parking and paving? David DeJager – the space is what is required, not paving. The entrance way will be modified for handicap access.
Charlie King – handicap space is 12’ (1 over from access). Discussion on waiver for finished floor elevation. Bob Talon – based on my opinion the floor elevation is on the plan. It is the same level as the rest of the building.
Troy Robidas made a motion to accept the waiver as presented for the finished floor elevation, Hiram 2nd, all in favor, motion carried.
Discussion on waiver for grade contours proposed. Bob Talon – they are on the plan. Just do it on the plan, waiver really not needed.
Charlie King – make the recommended changes to the plan and not require waiver, a waiver is not required.
Discussion on waiver for NH surveyors stamp. Show the stamp.
Charlie King – show parking.
Bob Talon made motion to make required changes on what is existing and proposed and information on the runoff, Paul Parker 2nd, Troy Robidas amended to furnish agreement with Barry Elliott to cross his property, Bob Talon 2nd, motion carried. Continue to the September 7, 2004 Planning Board meeting to complete changes on the plan.
· John & Virginia Huckins, 2-Lot Subdivision, (Tax Map R16, Lot 7,) subdivide a 2-acre lot from 78.57 acres, Chestnut Hill Road. Randy Orvis presented a written waiver request of the subdivision regulation requirements for a major subdivision, specifically topographic mapping, wetlands delineation and perimeter survey of the remaining parcel. At the present time, we feel the requirement is excessive. The existing home on the remaining parcel is recent construction. Septic system plans are on file in the Code Enforcement Office. There is in excess of 1,800 remaining feet of frontage.
Hiram Watson made a motion to accept the waiver as submitted, Bob Talon 2nd. Norm Russell would support this under current IGMO conditions. Otherwise I would not support it as an incremental subdivision. It is not fair to hold the applicant’s feet to the fire, Paul Parker agrees with Norm Russell.
Norm Russell made a motion to amend due to the current IGMO in place, we will consider this waiver, Hiram Watson 2nd, discussion, motion carried.
Norm Russell made a motion to accept the application as complete, Hiram Watson 2nd, motion carried. Discussion.
Charlie King – state subdivision has been applied for. Randy Orvis – it could be contingent on setting pins and state approval.
Hiram Watson made a motion to accept the subdivision review application for John & Virginia Huckins contingent on State approval, Bob Talon 2nd, all in favor, motion carried.
· Victor Lapierre, 2-Lot Subdivision, (Tax Map R19, Lot 4), Chestnut Hill Road, subdivide a 1.29 acre lot from the 16.66 total acres. Randy Tetreault is representing Victor Lapierre to subdivide a 1.29 acre-parcel from the total 16.66 acre parcel. Randy has submitted waiver from Section 4.07 of the Subdivision regulations regarding the requirement of soil testing on each lot, and a waiver to the requirements regarding the major subdivision requirement as outlined in Section 2.15 of the subdivision regulations. The request is made due to the existing interim growth ordinance restriction. This restriction would not allow for any future
subdivision at this time.
Norm Russell made a motion to accept the application as complete, Gerald White 2nd, motion carried. Discussion. Norm Russell – knowing the soils on this property, they could find a place for an alternate septic system, Norm made a motion to accept the waiver, Bob Talon 2nd, motion carried.
Paul Parker made a motion to extend the meeting 10 minutes at 10:07 p. m., Troy Robidas 2nd, motion carried.
Norm Russell made a motion to accept the waiver for Section 2.15 regarding a major subdivision not being allowed, Bob Talon 2nd, motion carried.
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Discussion of lot 1, (Tax Map R19, Lot 4), have met the 40,000 s. f. of contiguous uplands of our Zoning Ordinance.
Hiram Watson made a motion to accept the waivers as submitted and the subdivision application review for Victor Lapierre contingent on State approval, Bob Talon 2nd, motion carried.
· With no further business to discuss, Troy Robidas made a motion to adjourn at 10:30 p.m., Gerald White 2nd, motion carried.
Charlie King, Chairman Date