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Planning Board Minutes 12/06/2007
CHICHESTER PLANNING BOARD
MINUTES OF MEETING
December 6, 2007

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

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

Pursuant to RSA 673:11, Chairman Towle designated alternate member Chris Weir to act in the absence of Board member Richard Arell.

The minutes of November 1st were reviewed and the following corrections were made.

Page 3 Paragraph 3  Mr. Giuda stated that proposed floor plans shall be included as an exhibit to the condominium declaration that shall be submitted to the Attorney General’s office flowing following final approval from the Planning Board.

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

The minutes of November 19th were reviewed. and the following correction was made.

Being no corrections, a motion was made by Mr. Ruoff and seconded by Mr. Brehm to accept the minutes as written.  Motion passes.

Ex-Officio Mr. DeBold brought forward a serious concern from the Board of Selectmen regarding the procedure followed for the assessment of the Impact Fee Schedule upon the developments of Mr. Giuda and Mr. Merrill.  Upon approval of the subdivisions on November 1, 2007, it was noted that there were corrections to be made to the Impact Fee Schedule.  Secretary Mr. Pike and other office staff reviewed the Impact Fee Schedule and found a calculation error within the formula resulting in an increase of the fees reviewed in November.  This corrected Schedule was assessed to the applicants at the time of the Notice of Decision.  The applicants responded to the Chairman of the Board, noting that the assessed Fees were significantly higher than anticipated and were not acceptable.  Upon discussion with Mr. Pike, Chairman Towle made the decision to re-assess the Impact Fees at the lower amount more in-line with what was reviewed at the Planning Board meeting on November 1, 2007.  The primary concern is that the Chairman acted upon this assessment without the review of the Board.  Concerns were also brought forward that precedence may be set inferring the Planning Board is willing to negotiate with applicants.  It was noted that Mr. Merrill has accepted and acknowledged the lower of the assessed fees.




A motion was made by Mr. Brehm and seconded by Richard DeBold to approve and assess the following Impact Fee Schedule.  Motion Passes.


Open Space Conservation Development/Subdivision
Map 10 Lots 9 and 2, Map 9 Lot 32
~
~
Impact Fee Schedule Per Type of Dwelling Unit
~
~
~
Single-Family Age Restricted
~
Roads
2,342.42
Police
193.67
Fire/Ambulance
414.79
Administration**
48.85
Total
2,999.73
~
~
Condominium Age Restricted
~
Roads
2,342.42
Police
193.67
Fire/Ambulance
414.79
Administration**
48.85
Total
2,999.73
~
~
Single-Family Non-Age Restricted
~
Roads
2,342.42
Police
223.34
Fire/Ambulance
526.45
School District**
2,091.60
Administration**
48.85
Total
$5,232.66
~
~
Notes
~
*Per State of NH OEP  **Per Yr2000 IFS  
~

Chairman Towle introduced the Members of the Board to the attending public and opened the Public Hearing session of the meeting at 7:10pm

PUBLIC HEARING: Tom Sanuth
Re-opened from September 6, 2007        763 Second Street, LLC
        Site Review – Multi Use
        New Business -Used Car Dealership with
        Showroom, and Repair Shop
        Map 4, Lot 159, Dover Road

Tom Sanuth and Mark DeGrace were present to discuss the application.

Abutters Present: Don Peterman, Lakeside Trading Co. LLC, Map 4 Lot 158

Mr. DeGrace explained to the Board the various changes within the plan set from those that were presented on September 6, 2007.  It was stated that the detention basin was moved to a below ground drainage system and the retaining wall was maintained to allow for more productive use of the land.  The new plan set depicts the existing foundation foot print.  The driveway was widened to 33’ at the request of the Department of Transportation.  It was noted that the current ditch elevations are not sufficient to allow for proper drainage flow and new plans have been designed to correct this issue.  At this time this revised set of plans has not been submitted to DOT or to the Planning Board.  The applicant stated that verbal approval has been received from DOT for the Driveway Permit and such permit is to be issued within approximately one (1) week.  This verbal approval was provided by Rich Radwanski of DOT District V.

Chairman Towle asked the applicant that since the previous detention basin has been changed to a flat graveled area, what the intentions of this area are.   The applicant stated that this area will be used for the storage and sale of Heavy Equipment.  The engineer stated that for the purposes of producing the drainage calculation report, this area was treated as an impervious surface.

Mr. Weir asked the applicant why there were so many significant changes to the plan following the September 6th meeting if the only condition of approval was an approved DOT Driveway Permit.  The applicant answered that they had received confusing direction from DOT concerning their needs and that the existing foundation was not useable.

Questions arose about Fire Department access to the rear of the building.  Mr. Towle stated that the Fire Chief does not require access to the rear of the building because there is not any interior access located on that side of the building.

Mr. Kenneally questioned as to why the applicant is currently developing the site without approval from the Planning Board.

Mr. DeBold stated the Board of Selectmen is currently moving forward with the enforcement of the zoning ordinances and any such violations do not sit with the authority of the Planning Board.

Mr. Weir questioned if the proposed retaining wall would be considered a structure and should be placed outside of the building setback.  Discussion ensued as to a new location for the retaining wall and how such would affect the elevation and drainage of the property.

Mr. Peterson stated that he would prefer not to see the retaining wall from his home, but would concede if the wall were sufficiently screened with various types of vegetation.

A motion was made by Mr. DeBold and seconded by Ms. McIntosh to deny the current application on the merits that the condition set on September 6th had not been met and the significant changes within the plan set including the removal of the detention basin, the proposition of an underground drainage system, the alteration of the building configuration, the alteration of the driveway, the alteration of the retaining wall and related screenage, and the change in intended use to include that of Heavy Equipment sales.  Motion passes.
Mr. Sanoth and Mr. DeGrace were directed that if they wished to be included on the January 3, 2008 agenda that they would need to file a new application and plan set before the close of business on the 13th of December, 2007.

PUBLIC HEARING: Hillcrest Campground
Continued from November 1, 2007 Site Review – Self Storage Facility
        U-Haul Rentals, Office and Apartment
        Map 4, Lot 156, Dover Road

Jennifer McCourt of McCourt Engineering Associates, PLLC and Pat Cavacco were present to speak on behalf of the applicant.  Ms. McCourt introduced herself to the Board and explained that she had been retained by the Cavaccos to redo the previous plans completed by SFC Engineering.  Ms. McCourt presented the Board with preliminary concepts of the Subdivision and Site Plan to be submitted for the February 7, 2008 agenda.  

The Cavaccos are also proposing a 20 foot extension to the existing office/store building.  Mr. Weir read the minutes of the February 1, 2007 meeting stating: “The Board will require a site plan with the new addition drawn on for the Boards file.”

The Board requested that an informal site plan be completed for the proposed addition for the purposes of filing with the Planning Office and that the formal Site Plan Review process would not be required and such plan would not be recorded with the Merrimack County Registry of Deeds.

Ms. McCourt acknowledges that final approval time, ninety (90) days, has lapsed since the conditional approval of the subdivision on May 3, 2007, and also wishes to withdraw the current Site Plan Review Application with the intention of submitting new applications for both the Subdivision and Site Plan Review.

Ms. McCourt requested a waiver of both the Site Review and Subdivision application fees for the new submission and agrees to pay all other fees associated with the applications.

Pursuant to RSA 673:11, Chairman Towle rescinded alternate member Chris Weir’s appointment to act in the absence of Board member Richard Arell as Mr. Arell arrived later during the meeting.

A motion was made by Mr. Jameson and seconded by Mr. Arell to grant the requested waiver.  Motion passes.








DESIGN REVIEW   David & Roberta Marsh
        Jens Knudsen & Ulla Rasmussen
Continued from November 1, 2007 Lot Line Adjustment
        Map 4 Lots 58F and 58F-3
        Lane Road & Short Falls Road

Mr. Ron Wareing of Eric Mitchell & Associates was present to act upon the behalf of the applicants.  Mr. Wareing explained to the Board the changes that were made to the preliminary plan to comply with the requests of the Board from the meeting of
November 1, 2007.

A motion was made by Mr. DeBold and seconded by Ms. McIntosh to accept the Subdivision Application as complete.  Motion passes.

PUBLIC HEARING  David & Roberta Marsh
        Jens Knudsen & Ulla Rasmussen
        Lot Line Adjustment
        Map 4 Lots 58F and 58F-3
        Lane Road & Short Falls Road

A motion was made by Mr. DeBold and seconded by Mr. Ruoff to approve the proposed lot line adjustment as presented.  Motion passes.

Mr. Wareing was directed to file the plan in Recordable Mylar format and four (4) copies of the plan with the Planning Office for recording with the Merrimack County Registry of Deeds.

REVIEW/ADOPTION Capital Improvements Program

Mr. Pike provided the Board with information regarding any revisions made within the CIP as originally submitted on October 22, 2007.

A motion was made by Mr. Brehm and seconded by Mr. Jameson to adopt the Capital Improvements Program as revised and corrected.  Motion Passes.

Discussion On Proposed Changes to:
        Zoning Ordinances

The Board voted to submit the following Zoning Ordinance changes and amendments for Public Hearing on January 3, 2007 and to Town Counsel for review.

Article III  Section F  Home Occupation
This change involves a revision of the entire section including the definition, requirements, special exceptions and expiration.


Article III Section Q Floodplain Development Ordinance
This revision includes grammatical corrections as well as mandatory changes received from the Environmental Protection Agency and the NH Office of Energy and Planning.

Road Frontage
It is proposed to change each occurrence through out the Zoning Ordinances relative to road frontage requirements to call for such road frontage to be contiguous.

Requirement for Site Review
It shall be referred to Town Counsel for clarification and definition of a new or altered use and such language to be inserted in to the Ordinances where required.

Article III Section M (III) Administration
It is proposed to provide clarification of who shall collect, administer and disperse impact fees with the additional language of “or their duly authorized agent” to conform with Section M IV:A.

Article III Section S Homeowners Associations (b)
It is proposed to revise language to “shall be filed with the Planning Board following final approval” to conform with the timing of approvals from State of NH Attorney General’s Office.

Article V (c) Enforcement
It is proposed to replace this language with that of the Building Regulations Section 2, to provide conformance with regulations.

Article III Section A Rebuilding After A Fire
It is proposed to insert language that the owner/occupant shall be required to acquire all necessary permits and application prior to rebuilding.

Article II Commercial Village and Article III Section N Telecommunications (Waivers)
It is proposed to seek Town Counsel advice on the clarification of these waivers and as to their applicability, removal, and adding such as General Provisions.

Article III Section N (3) Growth Management Ordinance: Subdivisions
It is proposed to remove this entire paragraph and renumber the ordinance accordingly.

Mr. Pike asked the Board for clarification if the business known as East Coast Wholesalers would be required to file a Site Plan Review application for consideration by the Board.  
The Board was in agreement that East Coast Wholesalers would need to complete the Site Review process.  Mr. Pike shall inform East Coast Wholesalers of their need to file for Site Plan Review.        

The full language of the changes will be submitted as an attachment to these minutes upon preparation and shall be available for public inspection on or before December 19, 2007 in accordance with RSA 675:3 and RSA 675:7.
Being no further business, a motion was made by Mr. Brehm and seconded by  
Ms. McIntosh to adjourn the meeting at 10:40pm.  Motion passes.

Respectfully submitted,



Jamie A Pike, Secretary


Bradley J Towle
_____________________________   Approved As Corrected
Bradley J Towle, Chairman



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