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Planning Board Minutes 09/01/2005
TOWN OF CHICHESTER
PLANNING BOARD
54 MAIN STREET
CHICHESTER, NH  03258
(603) 798-4350

MINUTES OF MEETING
SEPTEMBER 1, 2005


Present: Chairman Tracy Scott, Stan Brehm, Joanna McIntosh, Tom Jameson, Mike Stamowlaros, Mike Paveglio, Richard DeBold, Brad Towle, Peter Wade and Secretary Andrea Deachman

Chairman Scott introduced the Board and requested the Board Review the minutes of August 4, 2005, and asked for corrections.

The only items for discussion on the minutes were the attachments of the items brought forth to the Board. The Board would like attachment #3 to be solely for Peter & Cheryl Kollett e- mail and add attachment #4 for Mike Porier’s e-mail and attachment #5 for the report from the Town Engineer, Bill Rollins, of Vollmer Associates.

Motion was made to accept the minutes with the attachment numbers changed and the Town Engineer’s report as a new attachment.

                Brehm/DeBold                    (Passed)


DISCUSSION:     Road Agent

The Road Agent was unable to attend.
        

DESIGN REVIEW/  Canterbury Cove Development
PUBLIC HEARING: Subdivision – Epsom
        Possible Hillview Drive Connection      
        Epsom Map U6, Lots 9 & 9-1, Dover Road

Requested to continued to October 6, 2005


DESIGN REVIEW/  Paul & Michelle Carter – Fox Property
PUBLIC HEARING: Site Review – Capitol Glass
        Map 3, Lot 4, Dover Road

Needs to continue

Mr. Carter explained to the Board that he doesn’t have enough time to get the building up to run the business out of it at this time. Mr. Carter would like to just run the office out of the smaller
building until he can get everything completed. He has already rented space in Concord for repairs.
TOWN OF CHICHESTER PLANNING BOARD MEETING 9/1/05          PAGE 2

The Board was in agreement that Mr. Carter still needs to complete a site review and have a plan with a surveyors stamp on it.

PUBLIC HEARING: Eugene & Marie Mongan
        Home Occupation – Hypnobirthing
        Map 7, Lot 26-1-T, Ferrin Road
Abutters: None Present

Mr. & Mrs. Mongan presented a drawing and permit for a Home Occupation to be run from their basement on Ferrin Road. The Board is learning tonight that this is temporary housing for elderly relations but is on a foundation. The selectmen have an agreement with the son who is the property owner that when Mr. & Mrs. Mongan no longer reside in the home it will be removed from the property. Discussion took place on the word in the zoning “solely” as it was written in the elderly housing mobil home section, does it pertain to the residence or to the relations. Meaning could the temporary housing be used solely as a residence or solely for elderly relations. A Board member pointed out that the Board of Selectmen have a written agreement with the land owner that the house will be removed once the elderly relations are no longer residing in the home and the Home Occupation follows the applicant so when the relations leave the home occupation no longer exists. A member of the general audience stated that the intention of temporary housing for the elderly was so the family could take care of the ill or frail and this should not be allowed.

The Mongan’s did state that they will have 2 employees not related as allowed for under Home Occupation. The Mongan’s do travel extensively and feel that it is unfair to state that the Elderly Housing was only meant for frail or ill relations to be taken care of by the family member residing in the permanent structure. Mrs. Mongan stated that she is very fortunate to have good health and no where does the zoning state for the ill or frail. Mrs. Mongan feels that she is still in control of the business whether or not she is at the home every day and this is her business and would like to have it at her home and work from there. The business is mostly done by computer, phone and United States mail.

The Board was in agreement that the issue at hand is the Home Occupation and felt that the applicant meets the requirements of such.

Motion was made to accept the home occupation.

        Paveglio/Stamowlaros            (Passed)


PUBLIC HEARING: ZONING SUBCOMMITTEE
        Changes to zoning and Site Review &
        Subdivision Regulations.
        Wetlands & Lighting

Site Review – Lighting

The proposal of the Lighting requirements in the Site Review Regulations were discussed and the attachment of August 4, 2005 minutes of the Planning Board and as posted for public hearing was again reviewed. The proposal will stand except for Section V. F. Illumination, F. Outdoor Lighting, #3 Shall now read:  
TOWN OF CHICHESTER PLANNING BOARD MEETING 9/1/05          PAGE 3

3. Moving, fluttering, blinking or flashing lights or signs are not permitted. Electronic message signs are also not permitted.

Motion was made to accept the proposal for the lighting requirements in the Site Review Regulations with the change.

        McIntosh/DeBold         (Passed)

Zoning – Wetlands

The proposal of the wetlands ordinance for inclusion in the March Ballot for public vote, was an attachment to the August 4, 2005 minutes of the Planning Board and as posted for public hearing was again reviewed and will stand except for:

         3. a. i. shall now read: 100 feet from second and higher order streams (as determined by United States Geological Survey) and from any ponds located on or within 100 feet of the thread of said streams.
        3. a. ii. Shall now read: 50 feet from wetlands greater than or equal to .25 acre, including areas of contiguous wetlands on adjacent parcels.

        5. first sentence needs to be changed from 4. f. to 4.g.

There being no further discussion motion was made to accept the changes to the wetlands ordinance and have it placed on the Ballot for the March town meeting.

                Stamowlaros/Jameson             (Passed)



DISCUSSION:     Theresa Brown
        Subdivision
        Map 7, Lot 35-3, Ferrin Road

Earl Weir presented the Board with plans for this proposed subdivision. He is here to get information from the Board on requirements he needs to get this project completed. The two parcels would like to have a shared driveway if possible; the Board didn’t feel that was a problem.

The Board advised Mr. Weir of the following items that would need to be on the final plan:

Setbacks, signature block, registry block, title block changed to read Ferrin Road not Durgin Road, well and septic for existing house and wetlands delineated on the entire parcel.

Would like to proceed next month to Design Review and Public Hearing.
DISCUSSION:     Theresa Brown
        Site Review – Therapeutic Riding Center
        Map 7, Lot 35-3, Ferrin Road


TOWN OF CHICHESTER PLANNING BOARD MEETING 9/1/05          PAGE 4

The clientele will be disabled persons and the riding center will be located on the new lot created from the subdivision proposed. A Board member questioned if this was an agricultural business, the Board was in agreement that the site review should be followed as best it can.

Discussion will continue next month when plans can be presented.


DISCUSSION:     Don Peterman
        Site Review – Retail Business
        Map 4, Lot 158, Dover Road

Mr. Peterman would like to have a retail Fireworks store in Chichester. The building would be between 2000 and 2400 square feet and will have setbacks of 50 feet to any property line as state mandated. He would also like to move the original house to the rear of the lot and utilize the multiuse zoning. The state has many requirements and Mr. Peterman explained to the Board that he has to meet great standards set forth by the state and federal government, he would have sprinkler systems and the building would be metal for greater protection. The Board explained to Mr. Peterman that they could not give him a decision as to whether or not the proposal would be allowed on the lot but did advise him to review the Site Review checklist and regulations and have a plan done by a surveyor.

Mr. Peterman will call the secretary when ready to continue…


DISCUSSION:     Ted Sanborn
        Subdivision
        Map 1, Lot 10, Blackman Road

Mr. Sanborn would like to subdivide his property and divide off 2 acres. The tax map shows the property with 7.7 acres and 200 feet of frontage on each of two roads. Mr. Sanborn is of the understanding that he owns 6.9 acres and 250 feet of frontage on Short Falls Road and 188 feet of frontage on Blackman Road. He would like to subdivide off a two acre lot and give it 200 feet of frontage on Short Falls Road leaving 50 feet of frontage on Short Falls Road and 188 feet of frontage on Blackman Road. The Board is concerned that the frontage on the existing lot will not be contiguous. The subdivision may also have an issue with the 200 foot block as noted in the zoning. The secretary will contact the town’s attorney for review.




NEW BUSINESS:


Richard will fix the driveway permission letter.

A letter from Jim Mullaney was sent to the Board, the secretary forward on the letter to the town’s attorney for his review.



TOWN OF CHICHESTER PLANNING BOARD MEETING 9/1/05          PAGE 5

Motion was made to adjourn.

        Jameson/Towle                           (Passed)

Meeting adjourned at 10:40 pm

                                                Respectfully submitted,



                                                Tracy Scott
                                                Chairman








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