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Planning Board Minutes 10/25/2007
Town of Chichester
Planning Board
Minutes of Meeting
October 25, 2007

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

Chairman Towle opened the meeting at 6:40pm.

The Board reviewed a proposed budget for the ensuing fiscal year.  Questions were raised concerning the budget for Legal and Secretarial expenses.  A motion was made by Mr. DeBold and seconded by Ms. McIntosh to accept the budget as proposed for submittal to the Board of Selectmen and Budget Committee.  Motion Passes

Planning Budget Worksheet
07 Budget
08 Proposed
4191-00 Planning & Zoning
4191-10 Planning Recording Fees
4191-11 PB Chairman Stipend
4191-15 PB Professional Fees
4191-16 Planning Expenses
4191-17 Planning Communications
4191-19 Planning Legal Expenses
4191-22 Mileage
Total 4191-00 Planning & Zoning
4197-12 Planning Board Advertising
4197-13 CNHRP/NH Login/NH Munic./NH AAO

Discussion :    763 Second Street, LLC
                Site Plan Review

Chairman Towle and Mr. Pike explained the site-plan changes that have been made following the conditional approval given on Sept. 6, 2007.  It was noted that the driveway had been widened by request of NHDOT, the retaining wall along the abutting property of Lakeside Trading, LLC has been lengthened and vegetative screenage added at the request of the abutter, and the retention pond was eliminated and replaced by graveled area and the installation of an underground retention area was designed at the request of NHDES.

Mr. Weir states that these are significant changes and are an argument against the giving of conditional approvals.  Mr. Kenneally questioned at what detail is a change minor or substantial.  Mr. Weir also raised that questions at what constitutes construction upon a site.  It was stated that site-work is generally not considered construction until physical elements of the building are placed and requiring the issuance of a building permit.

It was also stated that the graveled area be noted that it will not be used for the parking of any vehicles.

A motion was made by Ms. McIntosh and seconded by Mr. Ruoff to reopen the public hearing on December 6, 2007 to consider the application for approval.  Motion passes.

Discussion:     French Hill/Brandon & Katrina Giuda M10 L9
                Frank & Sue Merrill M10 L2
                Open-Space Subdivisions with Elderly Housing

Discussion ensued as to the proposed gating of the Perry Brook Road connection.

Mr. Pike reviewed comments from Sean Twomey of the Concord Fire Department of their views of gating roads.  It is explained that the CFD’s preferred gating system is the use of a 3M Opti-con Operating System, but does not recommend the gating of any Fire Access Lane or Public-way.

Several views were stated as to concerns over the maintenance of the proposed gate and which party would be responsible.  Questions were also raised as to what the intent of the 3000 foot ordinance was.  Presumably it was intended for life-safety.

Mr. DeBold states that it is his opinion to make the connection and authorize its gating as he has not heard a compelling argument from any Department.

Mr. Weir questions under whose authority it is to make such a decision.

Chairman Towle calls for an informal roll call of each members opinion towards the gating of Perry Brook Road.
        David Kenneally –       Opposed.
        Chris Weir -            Opposed.
        Richard Arell -         Opposed.
        Tom Jameson -   Unopposed.
        Richard DeBold -        Unopposed.
        Brad Towle -            Opposed.
        Fred Ruoff -            Opposed.
        Joanna McIntosh -       Opposed.
        Stan Brehm -            Opposed.

Mr. Weir submitted a review for the record:

Requested Information that is still not on the most Current Plan Set.

The most current plans are dated 9/27/07 and the most recent review of these Plans by CLD is dated 10/17/07.
1.      No soil scientist stamp
2.      Lot Numbers are incorrect
3.      Floor plans not submitted (RSA 356-B)
4.      Well radius still in ROW (9A-4b & 9A-22)
5.      Note #3 on plans is incorrect (30 feet set back from front)
6.      Ledger on Map 10 Lot 2 Plan Set is incorrect. (Lot line is different then depicted on ledger)
7.      Association Club House still located inside set backs
8.      The Drafting Pit Pipe has not been corrected on plan set from 15 inch to 24 inch

The Board studied each, the current CLD Engineering Review, the Steven Cummings, PE response and the above cited review from Mr. Weir.  Each note was discussed and noted if it had not yet been corrected or been responded to by the applicants.  The Board directed Mr. Pike to compose and submit a letter to the applicants with each of their requests and concerns.

Mr. Pike reviewed with the Board a proposed Impact Fee Schedule for the subdivisions in question.  It was noted that pursuant to RSA 674:21 and the Chichester Zoning Ordinances Section M, IVa that Impact Fees are to be assessed at the time of subdivision approval.  The proposed Impact Fee Schedule references both the municipal and development proportional share of the Capital Facilities Roads expense, as well as those proportional shares of the Police, Fire, and Ambulance departments.

In relation to the “note” within Mr. Weir’s review, the Board has directed Mr. Pike to compose and submit to Town Counsel the question if the Board can make a decision upon this application due to the described circumstances.  Such submittal shall be reviewed by Chairman Towle prior to submission.

The Board directed Mr. Pike to request an additional extension from Mr. Giuda and Mr. Merrill for the purposes of making a decision regarding the referenced subdivisions.

Being no further discussion, a motion was made to adjourn the meeting at 9:40pm by Mr. Jameson and seconded by Mr. DeBold.

Respectfully submitted,

Jamie A Pike, Secretary

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

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