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Planning Board Minutes 09/06/2007
Town of Chichester
Planning Board
DRAFT
Minutes of Meeting
September 6, 2007

Members Present:  Chairman Brad Towle, Ex-Officio Richard DeBold, Joanna McIntosh, Tom Jameson, Richard Arell, Chris Weir (alt), David Kenneally (alt), Richard Moore (alt), Secretaries Andrea Deachman and Jamie Pike.

Chairman Towle called the meeting to order at 6:38pm.

Mr. Pike was introduced to the Board.  Mr. Pike has been retained as the new Selectmen/Planning Board Administrative Assistant.

Pursuant to RSA 673:11, Chairman Towle designated alternate members David Kenneally and Richard Moore to act in the absence of Board members Stan Brehm and Fred Ruoff.

The minutes of August 2nd were reviewed and the following corrections were made.

Page 2 Paragraph 5 - Any additions to the original dwelling units will be required to go to the building inspector of for a building permit.  Also Home Occupations with restrictions as stated in the association documents will need Planning Board approval line any other Home Occupation in town.

Page 2 Paragraph 9 - Mr. Adams wanted to go on the record, stating that he believes that this development is considered spot zoning as defined by the state and has life safety issues, therefore the project should be stopped and for further investigation on the subject should proceed so the town does not make a mistake and set a president precedent.  The Board Chairman thanked Mr. Adams for his comments.

Page 3 Paragraph 3 - There is the possibility that several years down the road that the association could dissolve and all the houses could turn into regular residential dwellings, but only with the Planning Board’s recommendation as well as approval of the Board of Selectmen and the Condominium Association.

Page 4 Paragraph 4 - CIP – we have received all except for Recreation which Mr. DeBold had assured us we will have by the weekend.  The committee will consist of Richard Moore, Richard DeBold and Brad Towle; the secretary will copy documents and prepare for a working meeting.

Being no further corrections, a motion was made by Ms. McIntosh and seconded by Mr.  Kenneally to accept the minutes as corrected.  Motion passes.

The minutes of August 26th were reviewed and the following corrections were made.

Page 1 Paragraph 1 – Prior to the meeting being called to order, abutter Paul Adams was confronted by the landowners and was asked to leave.  Mr. Adams refused until he talked to the Planning Board Chairman.  He approached the Chairman who told Mr. Adams that due to liability reasons and the landowners denying him access, he could not walk the properties with the Planning Board.  He was removed from the premises for trespassing by the Chichester Police Department prior to the start of the meeting.  The Planning Board Chairman Brad Towle opened the meeting at 1:15pm.  Chairman Towle introduced the members of the Planning Board. Abutter Paul Adams approached the Chairman, started to demand and was called out of order and removed from the property.  All other names of participating towns’ people were recorded.  

Mr. Weir raised the question of the legality of the meeting, and the denial of public access.  Chairman Towle stated that he has had correspondence with Town Counsel and that members of the public shall have access to the minutes of the meeting.  Ms. Deachman stated that all abutters were notified of the meeting, but the landowners could not be forced to allow persons to access the property.

Being no further corrections, a motion was made by Mr. Arrell and seconded by Ms. McIntosh to accept the minutes as corrected.  Motion passes.

Mr. DeBold brought forward a concern from the Building Inspector in regards to an non-sided barn.  The Board of Selectmen has requested advisement from the Planning Board concerning regulations and enforcement in relation to such cases in the future.  Chairman Towle shall request verbiage from the Building Inspector.

PUBLIC HEARING:         Hillcrest Campground
                                        Site Review – Self Storage Facility
Continued from August 2, 2007   U-Haul Rentals, Office and House
                                        Map 4, Lot 156, Dover Road

An E-mail correspondence dated September 6, 2007 from Mr. David Jordan of SFC Engineering was submitted.  “We have only just received the review comments from NHDES Alteration of Terrain program last week.  Now that we have those, we are in a position to address CLD’s comments from July 12th.  We are working with the owner to try to have revised plans ready late next week or early the following week.  Because of these outstanding items with CLD, we would like to request a continuance to the October 4th Planning Board meeting.  I thank you in advance for your consideration of this request.  David”

The Board shall request a 60 day extension. The Public Hearing shall be continued to October 4, 2007.




DESIGN REVIEW/                  L&K Equipment
PUBLIC HEARING:         Site Review- Parking Lot
                                        Map 3, Lot 29A, Dover Road

Mr. Wroblewski presented the Board with updated plans for the existing parking lot. The Board had previously requested the plans to include; New Hampshire Registered Land Surveyor Stamp, New Hampshire Wetlands Scientist Stamp, and NHDES Dredge and Fill approval numbers.  The plans brought forward do not include the Surveyor Stamp.  Mr. Wroblewski stated that his Engineer Mr. Kent Brown said that a surveyor stamp was not required.  Ms. Deachman shall contact Mr. Brown in regards to this requirement.  The Board has additionally requested the Board of Adjustment decision and the County Registrar recording area be added to the plans.  

Being no further discussion, the Design Review/Public Hearing will be continued until the meeting of October 4, 2007.

PUBLIC HEARING:         Frank & Sue Merrill
                                        Subdivision – Elderly Housing
                                        Map 10, Lot 2, Pleasant St. & Healey Pasture Rd.

Abutters present:  Brandon & Katrina Giuda, Paul Adams, Lorne Boulet, Karl Merrill

Initial discussion ensued concerning the events of the August 26th Working Meeting.  Mr. DeBold stated that Town Counsel advisement is currently being sought concerning any errors that were made during said meeting and how to correct these, if any, in the future.

For the purposes of this hearing, Mr. Brandon Giuda spoke for the Merrills.  Mr. Giuda requested a meeting with CLD Engineering to discuss their concerns and resolve them in a more time appropriate manner.  

Mr. Giuda explained that the addition of a Right-of-Way across the land of Mr. Maguire will be included in the next set of plans.  This Right-of-Way will be deeded next week and shall be deeded to the Town of Chichester for the purpose of extending Perry Brook Rd.

Discussion ensued concerning the traffic impact to Pleasant Street, Kelly Corner Road, Perry Brook Road, Hilliard Road, and Swiggey Brook Road.  Mr. Giuda stated that there will be a de minimus impact of less than 1 (one) car per minute during peak times.  

The traffic memorandum shall be forwarded to CLD for review.  It was not known as to why this had not been previously submitted.

Mr. Paul Adams requested permission to speak and receive a copy of the recording of the meeting.  Mr. Adams presented the Board with a memorandum subjecting questions and comments for the Planning Board meeting.  



Specific Concerns Brought Forward –
1.      The non-compliance of Mr. Giuda to allow the Chichester Conservation Commission to properly assess the High-Value wetland areas.  
2.      Documentation of how the land use change tax is to be determined and collected.
3.      The traffic impact upon Perry Brook Road, Hilliard Road and Swiggey Brook Road.
4.      The need to review the number of allowed lots in this development.

Mr. DeBold stated that those areas of concern that are relevant to the Planning Board have been reviewed and such documents are available for public review.

Ms. McIntosh raised a question concerning the well radius for lots 10-2-A6 and 10-2-A7.  The proposed roadway passes thru the 75 foot required radius for this well.  Mr. Giuda stated that the town would be indemnified of any liability concerning this well.

Mr. Moore raised questions as to the delineated building envelopes.  Mr. Giuda showed the members of the Board the delineation of these envelopes on the plans.

Being no further discussion, and the need for additional review and updated plans, this Public Hearing was continued until the October 4th meeting for consideration.

PUBLIC HEARING:                 Brandon and Katrina Giuda
                                        Subdivision – Elderly Housing
                                        With Golf Course
                                        Map 10, Lot 9, Pleasant St. & Healy Pasture Rd.

Abutters Present:  Lorne Boulet, Karl Merrill, Frank & Sue Merrill

Mr. Giuda explained that the Fishing Pond has been removed for the purposes of community access, yet the physical attribute shall remain for the use of the Fire Department.

Mr. Giuda requested a meeting with between himself, his engineering firm and CLD Engineering, the Town’s engineering firm.

Mr. Giuda presented the Board with the requested changes to the previously submitted Condominium Declaration.

Mr. Kenneally requested what applicants intent was to improve the existing roads which are to be impacted by this development.  Mr. Giuda stated that there were no intentions to improve the existing roads, and that with the added taxable value to town, this expense should be absorbed by the Town.
                                                        
Being no further discussion, and the need for additional review and updated plans, this Public Hearing was continued until the October 4th meeting for consideration.



DESIGN REVIEW:                  Tom Saneoth
                                        763 Second Street, LLC
                                        Site Review – Multi Use
Continued from August 2, 2007   New Business – Used Car Dealership with
                                        Showroom, Repair Shop, and Apartment.
                                        Map 4, Lot 159, Dover Road

Abutter Present:  Doug Peterman

Mr. Saneoth presented the Board with updated plans including preliminary building designs.

Mr. Peterman requested an exchange of contact information with the applicant for the purposes of discussing the proposed buffer and privacy of his residence.

Mr. Saneoth made the decision to remove apartment item from the application.  The application was changed by Mr. Saneoth to reflect this change.

Being no further discussion, a motion was made by Mr. Jameson and seconded by Mr. Kenneally to accept the Site Review Application as complete.  Motion Passed.

PUBLIC HEARING:         Tom Saneoth
                                        763 Second Street, LLC
                                        Site Review – Multi Use
                                        New Business – Used Car Dealership with
                                        Showroom, Repair Shop, and Apartment.
                                        Map 4, Lot 159, Dover Road

Abutter Present:  Doug Peterman

Mr. Saneoth stated that he had yet received acceptance of his driveway from Department of Transportation.

Being no further discussion, a motion was made by Mr. Jameson and seconded by Mr. Kenneally to conditionally approve the Site Review Application contingent upon Department of Transportation Acceptance of the Driveway Permit and the presentation of this acceptance to the office of the Planning Board.  Motion Passes.

DISCUSSION:                     Lewis Family Rev. Trust/Donald Sorrentino
                                        Site Review – Retail Business
                                        Map 2, Lot 81, Dover Road
The applicant was not present.

DISCUSSION:                     Mark Blasko – Chucksters
                                        Site Review – Proposed Future Development
                                        Map 2, Lot 81, Bailey Rd. and Dover Rd.
The applicant was not present.
NEW BUSINESS:

Fire Chief Vien reported to the Board that in the Town of Epsom has experience an average of one (1) service call per day for a 55+ elderly housing development.

Discussion ensued concerning the review of the Impact Fee Schedule.

Mr. Pike was directed to make two (2) copies of the audio recording of the meeting and supply them to Mr. Adams and Mr. Giuda.

Mr. Pike was directed to follow-up on correspondence to the Board of Selectmen regarding the business known as EastCoast Wholesalers.

The Board discussed the need for upgrades to existing roads contingent with the Giuda/Merrill proposals.  Mr. Kenneally was directed to draft a preliminary document detailing the upgrades needed for Perry Brook Rd., Hilliard Rd. Swiggey Brook Rd, Pleasant St., and Kelly’s Corner Road.

Being no further discussion, a motion was made by Mr. Kenneally and seconded by Mr. Jameson to adjourn the meeting at 10:50pm.  Motion Passes.

Respectfully submitted:



                                                                        
Jamie Pike,                                                             
Secretary                                               



_______________________
Bradley J. Towle, Chairman





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