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Planning Board Minutes 10/04/2007
OCTOBER 4, 2007

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

Chairman Towle called the meeting to order at 6:35pm.

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

The minutes of September 6th were reviewed and the following corrections were made.

Page 4 Paragraph 9 – Mr. Kenneally requested what the applicants intent was to improve the existing roads which are to be impacted by this development.

Page 6 Paragraph 4 – Mr. Pike was directed to follow-up on correspondence to the Board of Selectmen regarding the business known as EastCoast East Coast Wholesalers.

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

The minutes of September 17th were reviewed and the following correction was made.

Page 1 Paragraph 1 – Members Present:  Chairman Brad Towle, Jonna Joanna McIntosh, Fred Ruoff, Chris Weir (alt), David Kenneally (alt), Richard Moore (alt), Secretaries Andrea Deachman and Jamie Pike.

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

Chairman Towle reviewed an e-mail from Board Member Stan Brehm inquiring as to his possible need to resign from the Planning Board do to current personal responsibilities resulting in subsequent meeting absences.  The consensus of the Board is to allow Mr. Brehm to remain a member of the Board for the time being, to determine if such conditions should improve.

Mr. Fred Chagnon came before the Board to inquire as to the extent of Phase I of the Congregational Church expansion.  It was explained to Mr. Chagnon that construction of the primary building and parking lot, as well as the reconstruction of Meetinghouse Road was included in Phase I of the project.

Mr. Walter Sanborn came before the Board to inquire of a Home Occupation Permit for the Law Office of Mr. J. Brandon Giuda being operated from his home at 81 Pleasant Street in the Town of Chichester.  It was stated to Mr. Sanborn, that Mr. Giuda has not come before the Board and submitted an application for such.  The Board shall forward this information to the Board of Selectmen for their enforcement.

Chairman Towle introduced the Members of the Board to the attending public.

DESIGN REVIEW/  L & K Equipment
PUBLIC HEARING: Site Review – Parking Lot
Continued from September 6, 2007        Map 3, Lot 29A, Dover Road

The applicant was not present.  The Design Review and Public Hearing shall be continued to a Meeting of the Planning Board on November 1, 2007 at the Chichester Grange Hall.

PUBLIC HEARING: Hillcrest Campground
Continued from September 6, 2007        Site Review – Self Storage Facility
        U-Haul Rentals, Office and Apartment
        Map 4, Lot 156, Dover Road

The applicant, Mr. Cavacco, expressed to Mr. Pike on October 3rd that he was in the process of retaining a new engineer for his project and would not be present at the meeting on October 4th.  
The Public Hearing shall be continued to a Meeting of the Planning Board on November 1, 2007 at the Chichester Grange Hall.

PUBLIC HEARING: Frank & Sue Merrill
Continued from September 6, 2007        Subdivision – Elderly Housing
        Map 10, Lot 2, Pleasant Street &        
        Healy Pasture Road

Abutters Present:  Paul & Gwen Adams, Karl Merrill, J. Brandon Giuda, Lorne Boulet, and Linda Booth.

For the purpose of this hearing, Mr. J. Brandon Giuda spoke for the Merrills.

Mr. Giuda presented the Board with an Access Easement Deed granted to Mr. Merrill and himself from Mr. Maguire, for the benefit of ingress and egress of abutting or nearly located properties.

Mr. DeBold stated for the record the Board of Selectmen has approved and accepted Healy Pasture Road as a Class V town road.

Mr. Giuda presented the Board with a Trip Distribution and Traffic Assignment Study for the purposes of determining the net PM peak hour impacts on the adjacent street system.

Mr. Stephen G Pernaw of Stephen G. Pernaw & Company, Inc presented the Board with an overview of this study.

The previous trip generation report indicated that net PM peak hour traffic impact would result in 49 trips.  Using current census data, Mr. Pernaw concluded that 69% or 34 of these trips would use Perry Brook Road for the purposes of commuting south of the development.  This conclusion was based solely on travel time to a fixed point on Route 28 and may be high in estimate, but this is his independent assessment.  

Mr. Pernaw stated that if Perry Brook Road were to be gated, this would of course send all 49 generated trips out Healy Pasture Road to Pleasant Street.

With the included review of adjacent street system widths, Mr. Pernaw recommended the gating of Perry Brook Road due to its narrowness.

Also included in this study were the sight-distances of adjacent street intersections including:
        Perry Brook Road/Hilliard Road
        Hilliard Road/Swiggey Brook Road
        Healy Pasture Road/Pleasant Street
        Pleasant Street/Kelly’s Corner Road

Mr. Pernaw stated that all sight distances were of sufficient value, but could be improved with the removal of vegetation along the roadside.

Mr. Moore inquired as to the total traffic impact of the proposed development.  Mr. Pernaw stated that over an average 24 hour period, there would be 242 ingress and 242 egress trips generated.

If all trips were to travel by way of Healy Pasture Road, at peak hour, the impact would be of less than one car per minute, which would not lead to congestion or unsafe driving conditions on Pleasant Street and adjoining streets.

Fire Chief Vien recommended to the Board that the connection to Perry Brook Road not be gated.  He noted that surrounding towns have had issues with such gates relating to the accessibility of emergency and maintenance equipment.  Mr. Giuda stated proposed either a knock-down gate or a gate with an attached Knox Box allowing for emergency access, and that such gate could remain open during the winter months for the purpose of road maintenance.

The Board requested that the traffic study received be sent to NH DOT for review and comment.

Several public members expressed their concerns of the traffic impact this development would make to the adjacent streets.

Mr. Brian Menard of Hilliard Road, submitted to the Board a petition from the citizens of Perry Brook Road and Hilliard Road.  Mr. Menard stated the purpose of this petition being the support of gating of Perry Brook Road at the connection to Healy Pasture Road.

Ms. Gwen Adams of Kelly’s Corner Road expressed concerns with the doubling of residences on Pleasant Street and how the related traffic would impact the making of a northbound turn onto Route 28.

Mr. Moore stated his lack of comfort with a road extending more than 3000ft without a second access point for emergency vehicles.  Mr. Merrill stated that the gate will be able to be opened in the case of an emergency.

Mr. Giuda stated that as an alternative, a road could be provided for across his property exiting onto Pleasant Street.  He also stated that this would not alleviate accessibility in the case of an emergency on Pleasant Street.

Mr. Giuda stated that if a gate was not to be placed at the connection of Healy Pasture Road and Perry Brook Road, that Perry Brook Road as well as connecting roads would require significant improvement, and this would only lead to the encouragement of their use.

Fire Chief Vien stated that in the case of an emergency, the department approaches the incident by way of the shortest travel route possible.  In the situation of an emergency within the development, this shortest route possible is by way of Perry Brook Road from Hilliard Road.

Mr. DeBold stated that discussion of the proposed gate has been entertained by the Board of Selectmen, and that it is in their consensus that the connection of Perry Brook Road and Healy Pasture Road is not to be gated.

Mr. Giuda again stated that the adjacent roads do not conform to current Town standards, and if opened to increased traffic that there will be life safety concerns.

Chairman Towle explained to Mr. Giuda that the proposed indemnity agreement for the well radii that coincide with the rights-of-way is not advised and shall not be accepted by the Planning Board.  Mr. Giuda stated that he shall find an alternative to these locations.

Chairman Towle expressed concern with the proposed grade of Perry Brook Road.  Mr. Giuda stated that the normal acceptable grade of 8.0% was forfeited for the allowance of a longer landing area.  This was done under the advisement of the Town Engineer.

Mr. Giuda stated that the State of New Hampshire, Department of Environmental Services have been supplied with an updated set of plans.

Discussion ensued as to the architecture of the proposed units.  Mr. Giuda explained that he has not completed architectural designs, but will be consistent with New England styling, and restrictions are within the Condominium Declaration as to the exteriors of the structures.  Mr. Giuda stated to the Board that he had forwarded a copy of the Condominium Declaration to the Town’s counsel for review.  Mr. Pike was directed to follow-up with counsel concerning the Declaration and to forward the Access Easement received.

In the interest of requesting a conditional approval, Mr. Giuda submitted various case-laws regarding the issuance of conditional approvals.  Mr. Giuda stated that he shall forward to the Board a request for conditional approval detailing such points that must be met.

Mr. Paul Adams presented the Board with colored plans depicting the wetlands contained on the properties of Mr. Giuda and Mr. Merrill, and expressed concern with encroachment upon such wetlands and recommended the involvement of the Conservation Commission to insure to protection of these wetlands.

Mr. Giuda stated that he agreed with Mr. Adams in the respect to the protection of wetlands and that everything possible has been done to provide the least impact upon such.

Ms. Jane Welch presented the Board with various questions regarding vernal pools, street lights, clothes lines, and performance bonds.  Mr. Giuda was allowed to address all questions.

Being no further discussion, a motion was made by Mr. Kenneally and seconded by Mr. DeBold to accept the waiver of the 65 day time limit for action by the Planning Board and the 30 day extension concluding on November 5, 2007 as presented by Mr. Giuda.  Motion passes.

The Public Hearing shall be continued to a Meeting of the Planning Board on November 1, 2007 at the Chichester Grange Hall.

Continued from September 6, 2007        Brandon & Katrina Giuda
        Subdivision – Elderly Housing
        Map 10, Lot 9, Pleasant Street &
        Healy Pasture Road

Abutters Present:  Lorne Boulet, Karl Merrill, Frank & Sue Merrill, and Gordon Jones.

A motion was made by Mr. Kenneally and seconded by Mr. DeBold to continue this Public Hearing to a Meeting of the Planning Board on November 1, 2007 at the Chichester Grange Hall.  Motion passes.

DISCUSSION:     Mark Blasko – Chucksters
        Site Review – Proposed Future Development
        Map 2, Lot 81, Bailey and Dover Roads

Mr. Blasko presented to the Board a conceptual design for the expansion of Chucksters to include additional parking and a go-kart track.

Mr. Blasko has been polling guests to his facility regarding what they would like to see for improvements and expansions.  It has been the consensus that a go-kart track would be feasible.

The go-kart track would feature 12-14 karts that travel approximately 18mph along an 800ft. track.

Mr. Blasko submitted plans for the proposed expansion.

The road connecting the parking lot area to the go-karts would be built suitable for emergency vehicle access, but shall be gated and only allow pedestrian traffic.

Mr. Blasko detailed lot line and wetland buffer encroachments.

Mr. & Mrs. William Stevens expressed concern about the potential noise level and deteriorated value that there dwelling would incur.  Mr. Blasko stated that all reasonable efforts would be made as to not diminish the Stevens’ quality of life.  

The Board discussed the additional traffic created by the expansion and raised concern as to the potential ground pollution from the maintenance of the karts.  

The Board advised Mr. Blasko to apply to Board of Adjustment for the variances required for the proposed project.


A motion was made by Mr. Weir and seconded by Mr. Kenneally to not allow the gating of the Perry Brook Road connection to Healy Pasture Road.

Discussion ensued concerning the gating of this connection.  It was reiterated that the gate would be accessible to emergency and maintenance vehicles.  Mr. Kenneally stated that Perry Brook Road is safe for only the current amount of traffic.  Any additional traffic to this road would reduce the safety of the road.  Mr. Weir stated that the cost of road maintenance would be increased due to the increased time accessing the gate.  A “hammer-head” dead end was considered for each side of the gate to provide for the turn-around of maintenance vehicles.  The Board concluded that this would be unacceptable as 60ft cul-de-sacs are the only permitted road endings.  Mr. Kenneally stated that if not gated, Perry Brook Road and Hilliard Road would require improvements, specifically road width and sight distances, but if gated, Pleasant Street and Kelly’s Corner Road would require upgrades to handle the additional traffic.

Mr. Weir withdraws the motion to not allow the gating of the Perry Brook Road connection to Healy Pasture Road.

The Board shall schedule a work-session following the receipt of the Town Engineers review of all updated and recently submitted documents and plans.

Mr. Pike advised the Board that all Landscape Architects in the State of New Hampshire must now be licensed.

Being no further business, a motion was made by Mr. Weir and seconded by Mr. Kenneally to adjourn the meeting at 11:30pm.  Motion passes.

Respectfully submitted,

Jamie A Pike, Secretary

_____________________________    Approved as Written 11/01/07
Bradley J Towle, Chairman

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