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Planning Board Minutes 02/03/2005
(603) 798-4350

FEBRUARY 3, 2005

PRESENT: Chairman Tracy Scott, Joanna McIntosh, Mike Stamowlaros, Brad Towle, Tom Jameson, Skip Lawrence and Secretary Andrea Deachman

Chairman Scott introduced the Board, and announced that the meeting is recorded for the purpose of creating the minutes only and are copied over after the minutes have been accepted.

Chairman Scott requested the Board review the minutes of January 6, 2005.
Changes were made as follows:

Bottom of Page 2, Gagne Public Hearing: motion was made by Chairman Scott to accept the requirements from the December 2 hearing as listed.

Both Lots on the Plan
Soil Types on the smaller lot to ensure the lot does not become substandard
Locust map needs the site specified
Soil Scientist stamp for wetlands delineation
Robert W. Gagne as additional owner of record
Note describing the project

with the exception of Soil Scientist Stamp for wetlands delineation, Seconded by Richard DeBold

1 yes 5 no (motion failed)

Minutes from January 6, 2005 were accepted with the additions.

        Lawrence/McIntosh                               (Passed)


PUBLIC HEARING: Robert & Kathleen Gagne
                        Lot Line Adjustment
        Map 7, Lot 12, Ferrin Road
Continued from January 6, 2005

Abutters present: Mark Fornier, David Dobbson, Barbara & Ed Ferman, Brandon Giuda, Richard & Dolly Mackin.

Chairman Scott asked Mr. Noyes if all of the items that were requested in December were on the plan, Mr. Noyes stated no, but most of the items requested in January are on the plan. Chairman Scott asked what items requested in January are not on the plan? Mr. Noyes stated that the wetlands delineation was not on the plan. Chairman Scott decided to move forward as Mr. Noyes would like to explain.

Mr. Noyes would like to summarize why the wetlands delineation is not on the plan. Mr. Noyes referred to the letter that was sent to the Gagnes with the list of missing items by the Board. Mr. Noyes stated that the zoning doesn’t state that wetlands delineation is required, Chairman Scott noted that the Board has been requesting wetlands delineation on lot line adjustments, subdivisions and site review, because of issues that had transpired in the past. Mr. Noyes presented the Board with a letter from a soil/wetlands scientist stating that additional land annexed to the smaller lot would be of no use to the lot beyond the 5.62 acres because of the wetlands that are there crossing the entire lot and there for it wouldn’t be justified to use for a septic system.  Chairman Scott asked what the septic system had to do with the fact that the Board requested wetlands delineation for zoning compliance.  Board is concerned with creating a substandard lot and based on the discussion of wetlands crossing the entire lot with no indication of where, the board is still requiring the wetlands be delineated on the smaller lot to prove that it is compliant with current zoning and the 90% buildable soils as stated in the zoning. Mr. Noyes requested the Board to waive the requirement and Chairman Scott made note that he tried to waive that requirement last month and the Board voted 1 to 5 to deny the waiver. Therefore the requirement will not be waived. The Gagnes need to prove that they are not creating a substandard lot by means of wetlands delineation and proof of 90% buildable soils, they have not shown the Board that this lot has 90% buildable soils and the Board can not approve substandard lots. Chairman Scott reminded Mr. Noyes that this was a requirement requested by the Board in December and again in January. The Board needs proof of 90% buildable soils with the wetlands delineated and the soil scientist stamp.

Motion was made to deny the project based on lack of wetlands delineation with a soil scientist stamp to prove that the lot line adjustment will not create a substandard lot, the note about the project is also missing.

        Stamowlaros/Lawrence    (Passed)


DESIGN REVIEW:  Richard & Dorothy Mackin
        Map 7, Lot 9-2, Ferrin Road

Barbara & Ed Ferman, Robert W. Gagne, Kathy Gagne, David Dobson, Mark Fornier

Dennis Rialland presented plans to the Board with soil types but without a soil scientist stamp. The wetlands scientist will not sign the plan with the old soil types and the Board cannot accept the plans with the new soil types because they have not been approved by the state.

Mr. Rialland would like to try to continue to get approval with the lack of the soil scientist stamp. The town needs to have the old soil types as listed in the current zoning and the Board will not approve the plan without the current zoning soils listed and a stamp. The Board understands that work has gone into new soil types for the state but until the soils have been adopted by the state and the town we must continue to use the Merrimack County Soils

Tracy asked how they arrived at proper buildable soils, lot 7-9-2,  5.674 acres, 45,000 square feet of wetlands as listed on the plan are at 20% non-buildable soils 7-9-2A is 44,000 square feet of wetlands 20% wetlands on this lot. This would create substandard lots and the Board is unable to approve substandard lots.

Mr. Rialland would request a variance for the 20% wetlands, the Board cannot grant a variance.

Design Review closed

PUBLIC HEARING: Richard & Dorothy Mackin
        Map 7, Lot 9-2, Ferrin Road

Barbara & Ed Ferman, Robert W. Gagne, Kathy Gagne, David Dobson, Mark Fornier

Concerns are with the soil types and the non-buildable soils creating sub-standard lots.

If the soil scientist is willing to create a conversion chart to give the Board documentation on the soils and wetlands.

Motion to deny based on soil types, calculations on buildable soils creating substandard lots and lack of soil scientist refusal to sign plan with Merrimack County Soils of 1965 as stated in the town zoning.

        Lawrence/McIntosh       (Passed)

Question was asked who has the power to change the zoning?
Answer the Planning Board brings items to the table holds public hearings and the items go on the ballot for town vote. A petition can be brought to the selectmen with 25 voting town members and a public hearing will be held and the item will be voted on by ballot.

DESIGN REVIEW:  Edward & Susan Coffey
        Map 4, Lot 171,
No abutters present.    Smith Sanborn Road & Lovers Lane

Ronald Wareing presented the Board with plans for this 2-lot subdivision. Calculations for buildable soils are based on OSS, RA, and R, Lot 171A showing 271,000  square feet, 6.22 acres, showing 50,000 square feet of that is wet, which is 20% of the lot. None of the wetlands are included in the calculations for buildable soils. All of the soils in each the 5-acre lots are buildable soils.

The driveway needs to be on a class V road. Needs to find out from the Selectmen if Lovers Lane has been approved as a class V road. Lot 4-1-71 existing drive is off Smith Sanborn Road.

Soils are new soils on the plan and the state has not approved the new soils and until that time the Board needs to work with the soils as printed in the current towns zoning. A conversion chart of soil types is on the plan.  The Board requests a letter of explanation from Peter Schauer and a chart explaining which soils equal our soils.

Continue to March 3, 2005

PUBLIC HEARING: Edward & Susan Coffey
        Map 4, Lot 171,
        Smith Sanborn Road & Lovers Lane

Continued to March 3, 2005


        Home Occupation – Riding School
        Map 7, Lot 35, Ferrin Road
Continued from January 6, 2005

Abutters Present: Edward & Barbara Ferman

Ms. Brown presented the Board with a drawing of the building and area for the riding school.

Chairman Scott asked the abutters if they had comments, they were pleased with the project.

There being no further discussion.

Motion was made to approve the Home Occupation.

        Lawrence/Towle          (Passed)

DISCUSSION:     Sharon Weston/Cecil & Florence White Property
          In- Law Apartment
           Map 4, Lot 57, Lane Road

Ms. Weston would like to add on to the existing building extra rooms. There is a state RSA that states what an in-law apartment is. The Board will try to get clarification, otherwise it would be a two family dwelling and the lot is only 1.6 acres. Needs to go to building inspector and be denied based on acreage, then she could go to the Board of Adjustment.

DISCUSSION:     Michelle Walton
        In-Law Apartment
        Map 9, Lot 106A, Martel Road

Did not attend, no action taken.

DISCUSSION:     Jeanne Viall – Marc Chronis Property
        Site Review
        Map 4, Lot 155B, Dover & Cross Roads

Ms. Viall has come to the Board tonight to inform the Board that Mr. Chronis will be working with the Viall’s to pave the area at the front of the lot just left of the entrance as requested and approved at a prior Planning Board meeting.


Ms. Viall has spoken with Gorham Tractor, Bob Cat, MTS and White Mountain Cable on the waste drainage bin for the wash bay for heavy equipment and other vehicles. There is great area toward the rear of the building which they would consider for the wash bay, they would need an impervious surface at the wash bay.

Ms. Viall is in agreement that they need to go through site review for the equipment rentals, and she needs to be aware of the wetlands 100 foot setbacks. She will have the area reviewed, and follow the site review checklist.

Ms. Viall has agreed not to clean any vehicles or equipment on the site until the wash bay is up and running.

DISCUSSION:     Lindsey Smith
        Map 7, Lot 24
        Durgin Road

Mark Sargent presented plans to the Board, this is a 10.67 acre lot dividing into two parcels. New lot would be 4.06 acres with 200 foot of frontage and the remaining lot is  6.61 acres with 281 foot frontage. The entire lot is residential soils and a wetlands scientist has walked the lot and a letter is forthcoming and she will stamp the plan with the old soils as well.

Setbacks, soil types, well and septic all need to be on the plan. There will be a driveway access easement which at such time as the Smiths sell the property the driveway will have to be relocated.

Pole barn will be removed along with the woods road leading to it.

Design Review/Public Hearing set for March 3, 2005

DISCUSSION:     Brandon Giuda
        Site Review
        Map 10, Lot 9, Pleasant Street

Mr. Giuda would like to reduce the golf course to a 18 hole executive course and create a retirement community around the rest of the area. Would like to subdivide the property to maintain the character of the town. This will be a large project, housing will not be inexpensive, this will be a prime location for older residents to make it a valuable asset for Chichester. There will be trails for public use on and off the golf course.


Mr. Giuda discussed with the Board about cluster zoning and would like to be on the subcommittee working with the Board to create a zoning ordinance for ideas of saving open space.

Mr. Giuda would prefer to conserve some land which means a new Open Space Conservation Ordinances, these ordinances are now in most towns. The senior housing deeds would state no children in development. Discussion with Conservation Commission and Selectmen are needed to consider forming subcommittees.

Andrea to talk with Central NH Regional Planning Commission to ask for other towns Open Space Conservation Ordinances and help create a performance part to the zoning, and also to discuss the issue of new soil types.

Motion was made to adjourn.


Meeting adjourned at 10:45pm

                                        Respectfully submitted,

                                        Tracy Scott

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