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Planning Board Minutes 11/01/2007
CHICHESTER PLANNING BOARD
MINUTES OF MEETING
November 1, 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 6:30pm.

The minutes of October 4th were reviewed and the following corrections were made.

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

The minutes of October 25th were reviewed and the following correction was made.

Page 2 Paragraph 1  It was also stated that the ….

Page 2 Paragraph 2  reopen the public hearing on November 12, December 6, 2007….

Page 3 Paragraphs 1 & 2  Mr. Weir retracted submission of these two paragraphs.

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

Mr. Mike Martineau, owner of TimberArt, Map 4, Lot 157, Dover Road, came before the Board to question if he could display equipment for Northwood Power Equipment on his property.  Mr. Martineau stated that he will not be selling any equipment on his property.  It is the consensus of the Board to allow the display of not more than 4 units, and there shall be no sales or rentals of such equipment upon the property of Mr. Martineau.

Mr. Kenneally provided each of the Board members with a copy of the DOT road guidelines adopted by the Town.  CLD is using these guidelines as a part of their review process.

Mr. Pike provided each of the Board members with a copy of the proposed Impact Fee Schedules for the Merrill and Giuda subdivisions.  Mr. Pike also explained how these fees were calculated and the referenced calculating data.

Mr. Richard DeBold presented the Board with a petition that was received by the Board of Selectmen on October 30, 2007.  Mr. DeBold read the petition into the record.  

We the undersigned are opposed to the gating of Perry Brook Road,
as Healy Pasture Road, Pleasant Street, and Kelly Corner Road should
not bear the entire burden of traffic from the Giuda-Merrill subdivision.
Mr. DeBold stated that the petition was signed by 27 residents of the mentioned roads and by 2 residents of other roads within the Town.

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

DESIGN REVIEW:  L & K Equipment
        Site Review – Parking Lot
Continued from October 4, 2007  Map 3, Lot 29A, Dover Road

Mr. Ron Wroblewski requested the Planning Board to waive the requirement of recording the plans at the Merrimack Registry of Deeds due to the lack of a Land Surveyor Stamp on the plans.

It was stated that the original surveyor has deceased and Brown Engineering tied into the original survey for the purposes of creating the plan.  It was noted that there are copies of the original survey on file with the Town and at the Registry.

Chairman Towle accepted the application as complete and closed the Design Review.

PUBLIC HEARING: L & K Equipment
        Site Review – Parking Lot
        Map 3, Lot 29A, Dover Road

There were no abutters present.

A motion to grant the waiver request to not record the plans was made by Mr. DeBold and seconded by Ms. McIntosh.  Motion passes.

A motion was made to accept the site plan as prescribed by Mr. Brehm and seconded by Mr. Jameson.  Motion passes.

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

The applicant, Mr. Cavacco, has retained a new engineer, Jennifer McCourt, for this project and has granted an additional waiver of time constraint to extend to January 3, 2007.  Mr. Cavacco will also be reopening public hearing on the previously conditionally approved subdivision to make changes to the plan.

The Public Hearing shall be continued to a Meeting of the Planning Board on December 6, 2007 at the Chichester Grange Hall.



PUBLIC HEARING: Frank & Sue Merrill
Continued from October 4, 2007  Subdivision – Elderly Housing
        Map 10, Lot 2, Pleasant Street &        
        Healy Pasture Road

Abutters Present:  Paul & Gwen Adams, Karl Merrill, J. Brandon & Katrina Giuda.

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

Mr. Giuda addressed the points of the October 29th letter from the Planning Board.

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 following final approval from the Planning Board.

Mr. Giuda stated that the final plans submitted for signature and recording will be stamped by a licensed soil scientist and all required professionals.  

Mr. Giuda inquired as to the need of a fence around the Fire Pond.  It is noted on the plan that a fence will be present at the requirement of the Town.  After reviewing the plans and location of the pond in relation to the roadway, the Board consensus is to not require a fence around the fire pond and maintain the rural atmosphere of the project.

Question arose from the Board regarding the need to have CLD Engineering review the latest set of plans prior to approval.  Chairman Towle called for an informal roll-call vote to gather the opinion of the voting members as whether to send or to not send the plans to CLD for review.
        Mr. Brehm –     Do not send.
        Mr. Ruoff -     Do not send.
        Ms. McIntosh -  Do not send.
        Mr. Towle -     Do not send.
        Mr. DeBold -    Do not send.
        Mr. Jameson -   Do not send.
        Mr. Arrel -     Do not send.

Concerning the assessment of Impact Fees, question arose concerning the Road Improvement portion of the Impact Fee Schedule.  If both Hilliard Road and Perry Brook Road were to be improved and paved the total cost of the improvement is $349,100.00.  Mr. Kenneally stated that this cost does not include the addition of three new bridge spans over Perry Brook or price inflation if project is to be completed over ensuing years.    The Board has received a memo from the Board of Selectmen encouraging the assessment to include the total cost for improving the roads.  It is also noted that the municipal proportionate share of this cost is approximately one-third.  Mr. Jameson references the Master Plan, in that it states, to maintain the rural characteristics of the Town, current gravel roads should remain gravel.  

Chairman Towle called for a roll call vote of the Board to determine which roads and how should be improved.

        Mr. Brehm –     Pave both Hilliard and Perry Brook Roads
        Mr. Ruoff -     Pave both Hilliard and Perry Brook Roads
        Ms. McIntosh -  Pave both Hilliard and Perry Brook Roads
        Mr. Towle -     Pave Hilliard Road and Gravel Perry Brook Road
        Mr. DeBold -    Pave Hilliard Road and Gravel Perry Brook Road
        Mr. Jameson -   Pave Hilliard Road and Gravel Perry Brook Road
        Mr. Arell -     Pave both Hilliard and Perry Brook Roads

By a majority vote of the Board, the decision is to pave both Hilliard and Perry Brook Roads and assess the Impact Fee accordingly.

It was noted that the Impact Fee Schedule distributed still needed adjustment and correction.

Chairman Towle stated each of the proposed conditions for the approval of the subdivision:
1.      Notation of all required DES Permits
2.      Official Stamps and Signatures of all Engineers and Soil Scientists
3.      Acknowledgement of the Assessed Impact Fee Schedule
4.      The provision of Floor Plans for the Condominium Association

Chairman Towle also added that, not as a condition of approval, the final Condominium Declaration shall be filed with the Town following its approval by the Attorney General.

A motion to approve the proposed Open Space Conservation Development/Subdivision as prescribed with the above noted conditions was made by Mr. Brehm and seconded by Mr. DeBold.  Motion passes.

PUBLIC HEARING: French Hill
Continued from October 4, 2007  Brandon & Katrina Giuda
        Subdivision – Elderly Housing
        Map 10, Lot 9, Pleasant Street &
        Healy Pasture Road

Abutters Present:  Karl Merrill, Frank Merrill.

Mr. Giuda addressed the points of the October 29th letter from the Planning Board.






Chairman Towle stated each of the proposed conditions for the approval of the subdivision:
1.      Notation of all required DES Permits
2.      Official Stamps and Signatures of all Engineers and Soil Scientists
3.      Acknowledgement of the Assessed Impact Fee Schedule
4.      The provision of Floor Plans for the Condominium Association
5.      Compliance with Town of Chichester Subdivision Regulations Section IV:n, the posting of a bond in an amount sufficient to cover the cost of the preparation of new streets.

Chairman Towle again added that, not as a condition of approval, the final Condominium Declaration shall be filed with the Town following its approval by the Attorney General.

A motion to approve the proposed Open Space Conservation Development/Subdivision as prescribed with the above noted conditions was made by Mr. Brehm and seconded by Mr. Arell.  Motion passes.


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

Mr. Ronald Wareing spoke on the behalf of the applicants.  

Mr. Wareing acknowledged that he had spoken with the Planning Board Secretary in regards to the review completed on October 31, 2007.    This review states that the proposed new lot is located in the Rural Agricultural zone and shall require 300 feet of road frontage.  Mr. Wareing stated that the road frontage of the proposed lot is located within the Residential Zone.  It is explained to Mr. Wareing that within the Residential Zone a minimum of 1.8 acres of residential soils are required.

Mr. Wareing stated that the Planning Board has previously approved a subdivision of the land in 2002 with less than the required 300ft of road frontage, and then was modified with a lot line adjustment in 2003 to its current representation.

It is explained to Mr. Wareing that the Board is bound to its current zoning ordinances and any waiver would have to be granted by the Board of Adjustment.

Mr. Wareing is directed to correct all findings of the Planning Board Review and to either appeal to the Board of Adjustment for an area variance or to have a High Intensity Soils Survey conducted to determine the area of soil types.

The Design Review and Public Hearing shall be continued to a Meeting of the Planning Board on December 6, 2007 at the Chichester Grange Hall.
BOARD DISCUSSION:

The Board discussed the review of plans prior to meeting.  Chairman Towle is to prepare a schedule for each month to determine which member shall complete the reviews.

There shall be a working session scheduled for Monday, November 19, 2007 for the review of  Zoning Ordinance changes and adoption of the CIP.

Being no further business, a motion was made by Mr. DeBold and seconded by Mr. Arell to adjourn the meeting at 11:07pm.  Motion passes.

Respectfully submitted,



Jamie A Pike, Secretary


Bradley J Towle
_____________________________    
Bradley J Towle, Chairman



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