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Planning Board Minutes 12/01/2005
TOWN OF CHICHESTER
PLANNING BOARD
54 MAIN STREET
CHICHESTER, NH  03258
(603) 798-4350

MINUTES OF MEETING
DECEMBER 1, 2005



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

Chairman Scott introduced the Board and requested the Board Review the minutes of November 3, 2005, and asked for corrections. The following items were corrected in the minutes.

Page 1, Design Review, Canterbury Cove Development, first sentence end at secretary and begin a new sentence with “A”

Page 2, Design Review, Mark Drew, third line after radius remove “was” and add “is located”

Motion was made to accept the minutes with the changes.

                McIntosh/Paveglio                       (Passed)

PUBLIC HEARING:                 Zoning Subcommittee
                                        Town of Chichester Planning Board
                                        Changes & Additions to Zoning, site reviews
                                        Subdivision Regulations
                                        
All revisions were made available to the public at the Town Hall, Town Library and on the Official Town Website. Copies were available to the attending public. Lucy St. John was present to discuss the concerns of Central New Hampshire Regional Planning Commission (CNHRPC).

Wetlands:                               See attachment of full wording

This is the same document that was brought to the town earlier and due to regulations the Planning Board with the advice of the Town Attorney and Central New Hampshire Regional Planning Commission (CNHRPC) chose to rehear as to not cause any error in adopting the new zoning.

There is a letter from the Town Attorney and CNHRPC with comments on the proposed zoning. Tracy requested Brad begin the discussion considering he was the chairman of the subcommittee. Brad discussed the wetlands and how the wording had not changed since the Board had reviewed it prior. A review of the letter from the Town Attorney it was agreed to make copies for the public to review even though the letter states “Attorney Client Privilege” the meeting was suspended for the secretary to make copies.

Tracy read the proposed wetlands ordinance and the Attorney letter was made available. Lucy St. John was requested to review her response with the Board and the public, the complete review is attached. Some specific information about referencing RSA: 674:55 needs to be in the proposed new zoning because this is the new reference. The reference to the streams was a concern because there are some streams that are not named, therefore the use of second order or higher is used. Ms. St. John is concerned with the items allowed in the wetlands and wetlands buffers under “permitted use” such as septic, wells and recreation use.  Septic systems could be detriment to wetlands if there is a failure, wells could cause undue harm to the wetlands just by having the equipment to drill or dig the well could damage the wetlands. Recreation use should have some guidelines on what these uses are. Ms. St. John suggests that the town should also state as allowed by State of New Hampshire Department of Environmental Services (NHDES). Concerns with rewording on preexisting conditions was discussed and reviewed, did we want a harder rule as was in the zoning previously. Several discussions ensued during the review. The Board sees some issues that need to be addressed and the subcommittee will meet again to make some adjustments to the proposal. Public Hearing to continue to January 5, 2006 meeting. The subcommittee will deliver the new document to the Planning Secretary for distribution for ample time for Board review and posting.

Because of the length of the agenda and the time it has taken the discussion on just the first of four zoning issues. Chairman Scott proposed the following: He will read thru the proposal, read the Town Attorney’s comments, have CNHRPC discuss their concerns then move to the Board then on to the public. Chairman Scott will recognize each person and the person recognized will have the floor. There will be no interruptions or remarks while someone is speaking and everyone was requested to be considerate.

Outdoor Lighting:

Chairman Scott read the proposed Outdoor Lighting Ordinance change and the Town Attorney’s comments, then requested Lucy St. John to speak on CNHRPC behalf. Discussion that this Board and its subcommittee needs to be aware of other sites within the zoning that may also need to be changed due to the new ordinance.

A concern of the Town Attorney is the town requiring that preexisting sites be made in compliance by 2011. The courts have in the past found for the preexisting sites when such items have come before them. CNHRPC has the same concern preexisting property is already in compliance of the zoning. The Board was in agreement that page 2 #4 Exceptions (i) should be reworded to state 90 days with possible extension through the Board of Selectmen.

Motion was made to change page 2 #4 Exceptions (i) to be reworded to state (not to exceed 90 days), extensions may be granted through the Board of Selectmen. Also remove the word “and” at the end of (iii)

                Jameson/Towle                   (Passed)

Motion was made to accept the proposed Outdoor lighting with the change.

                Towle/Stamowlaros                       (Passed)

Lighting ordinance will be placed on the Ballot for town vote in March, 2006

Open Space Conservation Development:

Chairman Scott read the proposed Ordinance, the Town Attorney comments and requested CNHRPC comment on the proposal. The Board had several comments and concerns. Brad Towle gave a brief presentation on what the Subcommittee envisioned during the creation of the proposal. The concept of the new development is new to the town for residential building, we do have a similar type development within the commercial zone. Concerns about how the building permit numbers were arrived at. There was discussion that we cannot try to play catch-up and grant more permits to this particular development if it is deemed elderly. There was also discussion that this type of development if deemed elderly could be allowed 50% of the regular permits granted in Chichester following the computations preformed by CNHRPC, so if the towns regular permits were 12 an additional 6 would be available for elderly within the Open Space Conservation Development. With all the comments from CNHRPC and the Town Attorney, the subcommittee has been asked to review the documents and make changes. The subcommittee will review make changes as suggested by the Planning board and general public. The building permits, roads, setbacks are some of the items of concern. Public Hearing to continue to January 5, 2006 meeting. The subcommittee will deliver the new document to the Planning Secretary for distribution for ample time for Board review and posting.

Growth Management:

Chairman Scott read the proposal, the Town Attorney’s comments and requested CNHRPC discuss their comments. The largest concern is the amount of growth being allowed for elderly housing. There was discussion that we cannot play catch-up for a specific age group. CNHRPC will be recalculating the growth for the town, Several members of the Board had suggested that an additional 50% of the regular permits granted for elderly was acceptable. Therefore if the regular permits in the town figure out to be 12, 6 additional permits will be available for elderly housing within the Open Space Conservation Development. The subcommittee will review make changes as suggested by the Planning board and general public Public Hearing to continue to January 5, 2006 meeting. The subcommittee will deliver the new document to the Planning Secretary for distribution for ample time for Board review and posting.


DESIGN REVIEW:                          Chichester Congregational Church
                                                Site Review – Parking area
                                                Map 5, Lot 2, Main Street

Abutters present: None

Mark Vanson presented the plans for the proposal of 36 new parking spaces, this is a gravel parking area. They are not intending to use the access at the parsonage to connect to the proposed parking. This parking lot will be utilized less as the remainder of the project proceeds. The Board requested that a paved apron on both entrances be at least 20 feet deep into the property from the edge of the pavement and 24 feet wide and 14 feet wide respectfully or meeting the requirements of New Hampshire Department of Transportation, District 5 if greater. The Board requests either a letter or Driveway permit from DOT with the new proposed parking.

Design review closed.

PUBLIC HEARING:                         Chichester Congregational Church
                                                Site Review – Parking area
                                                Map 5, Lot 2, Main Street

Abutters present: None

There being no further discussion.

Motion was made to accept the proposed parking area with 36 new parking spaces, the paved aprons at the existing entrances will be paved no later than May 15, 2006.

                Stamowlaros/Towle                       (Passed)

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

Mr. Peterman presented the Board with a plan of his proposal along with drawings of the building. Mr. Peterman would like the Board to consider this a multi use proposal for retail sales and a residence. Mr. Peterman explained to the Board although the lot doesn’t seem to have wetlands on it the property abutting this one does. He has filed with the Board of Adjustment for a land variance for wetlands setbacks. He would like to present to the Board in January 2006 his final proposal.  The Board agreed that Design Review and Public Hearing could be heard the same night.

DISCUSSION:                     Russ Abbott/Jim Fidolfi Property  
                                        Lot Line Adjustment/New Business
                                        Map 3, Lots 32 & 34, Dover Road

Mr. Abbott would like to expand the property of the Business and the residence. He will be adding on two additions to the building 36 X 60 feet and 13 X 68 feet, he will also be removing the second floor of the business.

Mr. Abbott would like to have dealer permits and auction permits. Mr. Abbott has been talking with DOT about the existing curb cut and the traffic flow into the property.

Mr. Abbott needs a letter stating that his businesses are permitted uses for this property.

Design Review/ Public Hearing set for January, 2006

Motion was made to adjourn.

                Towle/McIntosh                  (Passed)

Meeting adjourned at 12:25 am.


                                        Respectfully submitted,



                                        Tracy Scott
                                        Chairman

Attachments:  Attorney Letter regarding zoning changes
                CNHRPC Letter regarding zoning changes






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