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Planning Board Minutes 02/07/2008
CHICHESTER PLANNING BOARD
MINUTES OF MEETING
February 7, 2008

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

Chairman Towle called the meeting to order at 6:32pm.

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

The minutes of January 3, 2008 were reviewed and corrected as follows:

Page 1 Paragraph 9 – Mark DeGrace of Holderness Holden Engineering…..
Page 2 Paragraph 6 – …to remove the word “proposed” form from the application……..
Page 3 Paragraph 5 – …stating that he does no feel the application is not complete.
Page 3 Paragraph 8 - Mark DeGrace of Holderness Holden Engineering…..
Page 4 Paragraph 1 – Mr. Peterson Peterman….

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

The minutes of January 14, 2008 were reviewed.

Being no corrections, a motion was made to approve the minutes as written by Mr. DeBold and seconded by Mr. Jameson.  Motion passes by unanimous vote.

The minutes of January 31, 2008 were reviewed and corrected as follows:

Page 3 Paragraph 10 – The Board reviewed completed technical checklist reviews of 4 plan-sets.

Being no  further corrections, a motion was made to approve the minutes as corrected by Mr. DeBold and seconded by Ms. McIntosh.  Motion passes by unanimous vote.

The Board reviewed other mail and a correspondence from Lisa Stevens, Town Administrator.

The Board reviewed the proposed flyer to be inserted into the Suncook Sun for delivery to Chichester residents.  Changes were discussed and Mr. Pike was directed to forward to the Board via e-mail a corrected version prior to printing.  A copy of this corrected flyer shall be attached to these minutes.

Chairman Towle opened the Public Hearing session of the meeting at 7:00pm.
Chairman Towle introduced the Members of the Board to the public in attendance.





Public Hearing: Tom Sanoth
Continued from January 3, 2008  763 Second Street, LLC
        Site Review –
        Vehicle Sales & Repair
        Map 4, Lot 159, Dover Road
Abutters Present:  Mr. Don Peterman

Mark DeGrace from Holden Engineering was present to speak on behalf of Mr. Sanoth whom was also in attendance.

Those items from the January 3rd meeting that were to be addressed were reviewed by Chairman Towle.

?       The provision of a gate for Fire Department access to the rear of the building.
                Mr. DeGrace provided for this gate at the southwest corner of the building.

?       The provision of catch basin designs suitable to withstand vehicular weight of not      less than 35,000 pounds.
                Mr. DeGrace has detailed the construction of the catch basin which has a NHDOT load                     rating of HS-20 which Mr. Towle explained provided for 32,000 lbs. of dual wheeled                      load capacity.  Chief Vien was accepting of this provision.

?       The provision of the location of the proposed propane utility line from the proposed propane tank location to the building.
                Mr. DeGrace has provided for this location on the plan and showed its presence to the                   Board.

?       The provision of an approved DOT Driveway Permit.
        Mr. Pike stated that the Driveway Permit had been received.

?       The provision for the future expansion of water supply and septic disposal facilities on the site in the form of a note on the plan.
                Mr. DeGrace explained to the Board that a note (#15) has been added to the plan-set                     stating; “There is no proposed alteration or expansion of existing water and sewer                              services.”

Being no further discussion, Chairman Towle closed the Public Hearing and a motion was made to approve the Site Review as proposed by Mr. Weir and seconded by Mr. DeBold.  Motion passes by unanimous vote.

Mr. DeGrace was directed to provide one (1) recordable mylar and three (3) paper copies of the plan-set to the Planning Office for signature and recording.  Mr. DeGrace explained to the Board that some markings were to be removed from the plan for acceptance by the Register of Deeds.






DESIGN REVIEW:  Edward & Vickie O’Brien
        Subdivision-
        Map 3 Lots 43 & 45
        Dover Road

Chris Tymula of MHF Design and Frank Alexander of Primax Properties were present to speak on behalf of Mr. O’Brien, whom was also present.

Mr. Tymula presented the updated plan-set to the Board.  The title block was changed to be that of the O’Briens.  Mr. Tymula also explained to the Board that for the purposes of this subdivision and to account for previous assessing and mapping issues, Mr. O’Brien would voluntarily merge Lots 43 and 45.  The new lot would be numbered Lot 43-1.  It was noted that the access easement and driveway were added to the plans and that a second sheet was added to detail the USGS datum, proposed 4k septic area and the proposed well radius.  The numbering of the notations was also corrected, and the plans also provided for a wetlands scientist’s stamp.  The Board raised concern over the absence of the existing septic for the home of Mr. O’Brien.  Mr. O’Brien stated that to the best of his knowledge his septic was to the rear of his house.  As brought forward by CLD Engineering, Mr. Towle asked if there was any future intent of the access road becoming a Town Road, Mr. Tymula stated no.  Mr. Moore questioned of the possibility of the alignment of the proposed access with that of the business across Route 4.  Mr. Tymula stated that it is the intent to use the existing curb-cut.

Being no further discussion, Chairman Towle closed the Design Review and opened the Public Hearing to consider the same.

PUBLIC HEARING: Edward & Vickie O’Brien
        Subdivision-
        Map 3 Lot 43
        Dover Road

Motion was made to accept the Application as complete by Mr. DeBold and seconded by Ms. McIntosh.  Motion passes by unanimous vote.

Being no further discussion, motion was made to approve the subdivision as proposed by Mr. Weir and seconded by Mr. DeBold.  Motion passes by unanimous vote.

DESIGN REVIEW:  Primax Properties, LLC
        Site Review-
        Retail Sales
        Map 3 Lot 43-1
        Dover Road

Chris Tymula of MHF Design and Frank Alexander of Primax Properties were present to speak on the merits of the application.

Mr. Tymula requested the waiver of the requirement to locate the well and septic located on Map 3 Lot 41.  Mr. DeBold questioned as to the buffer distances to the existing house.  Mr. Tymula stated that the house is 27 feet from the boundary line and the development buffer is 65 -70 feet.  

Motion was made to waive the requirement to locate the well and septic of Map 3 Lot 41 by Mr. Weir and seconded by Mr. DeBold.  Motion passes by unanimous vote.

Being no further discussion, Chairman Towle closed the Design Review and opened the Public Hearing to consider the same.

PUBLIC HEARING: Primax Properties, LLC
        Site Review-
        Retail Sales
        Map 3 Lot 43-1
        Dover Road
Abutters present:  Ed O’Brien

Motion to accept the application as complete made by Mr. DeBold and seconded by Mr. Weir.  Motion passes by unanimous vote.

Chairman Towle brought forward those points for discussion from CLD Engineering’s (the Town’s Engineer) and the Board’s reviews.  Each of these points was responded to by the applicant.

Lighting encroachment – Mr. Tymula stated that the lighting plan was designed so to provide lighting over the proposed access road for safety purposes and that the plans show typical lighting fixtures and those of Tractor Supply will be similar in design.

Driveway encroachment upon wetlands buffer – It was noted that this encroachment is allowed within the Chichester Zoning Ordinances.

ADA Compliance – Mr. Tymula stated that confirmatory notes will be added to the plans.

Treatment Swale (SW1) – Mr. Tymula discussed the referenced DES e-mail #018.  It was noted that although DES recommends alternate dimensions, the proposed swale meets the requirements of DES and that DES is currently reviewing the “Alteration of Terrain” application.

Height of Retention Pond – Chairman Towle discussed concern of the height of the bottom of the proposed retention pond.  Mr. Tymula stated that the pond will be equipped with a “low flow” orifice to drain the pond completely, and a debris separation shall be installed.  The bottom of the pond is at such an elevation to allow for continued drainage.

Pond Bottom Stabilization – Mr. Tymula shall add a note to the plan in reference to the stabilization of the pond during construction.  

Utility Lines – Mr. Tymula stated that the utility lines along the roadway are above ground and the utilities will run underground to the rear of the building, and there are markings on the plan depicting their location.

Sight Distance – It was noted that sight –distance information is to be added to the plan.

Snow storage – Mr. Tymula stated that the distance from the proposed snow storage area to the ROW should provide for sufficient sight distances for exiting traffic.

Cistern location – Mr. Tymula stated that the design specifics of the Cistern are still in the works.

Traffic Report – Mr. Tymula stated that a traffic plan is currently being worked on by Peterson.
Chairman Towle explained to the applicant that those items required for moving forward with the project are:

        Signage Variance
        Cistern Plan
        Satisfaction of all CLD comments

Mr. Moore questioned the determination of the size of the adjacent wetland being less than _ acre for the provision of the 25-foot buffer.  Mr. Tymula stated that their wetlands scientist determined these values.

Mr. Alexander explained to the Board the details of the construction of the portable loading dock structure.

Being no further discussion the Public Hearing shall be continued to a meeting of the Planning  Board on March 6, 2008 at 7:00pm at the Grange Hall.

DESIGN REVIEW:  Chuckster’s, LLC
        Site Review-
        Go-Kart Track
        Map 2 Lot 81
        Bailey Road

Chuck Breton of Chuckster’s LLC and Anthony Costello of AC Engineering were present to speak on the merits of the application.

Mr. Breton presented the Board with the details of the proposal, stating that from overwhelming response of the customers that they wish to add the attraction of go-karts to the existing mini-golf course.  The proposed construction of the track and building do not encroach upon the wetland buffers.  Mr. Breton stated that he feels the proposal is permissible within the CI/MF zoning district and that the concerns of the abutters have been addressed.  It was stated that they propose to use 6.5 HP Honda engines rather than the industry standard 8.0 HP motors and are also adding a “super –silent” exhaust system to further reduce the noise level.  Mr. Breton explained that they had previously gone before the ZBA to be granted area variances to encroach upon the Wetland buffers and were subsequently denied.  They have altered the track to remain outside the buffer zones, reducing the track to approximately 600 feet in length.  Chuckster’s is proposing to open the track one-hour later and close one-hour earlier than the golf course to further address issues of the abutting property owners.  The proposal also includes the expansion of the parking facilities to add 26 parking spaces towards the boundary of the Stevens’ property.  It was determined by their professionals that the site would only require an additional 10 parking spaces.  Mr. Breton provided the Board with a layout of the proposed retaining wall, fence and screenage along the Stevens’ property.  It was noted that the height of the proposed lighting is below the height of the fence and screenage.

Chairman Towle stated that details were needed for the proposed type of lighting fixture.
Mr. DeBold brought forward concern over the noise level of the go-karts.  Mr. Breton provided the Board with a letter detailing the noise level of the proposed engines at varying distances along with the noise level of comparable equipment.  A copy of this letter shall be maintained with the Planning Board file.

Mr. Jameson asked how many cars would be running on the track at any one time, and what the noise level would be from those cars.  Mr. Breton explained that there would be a maximum of 10 cars running on the track at any one time, but most likely to be only 8.  Mr. Breton did not know the cumulative decibel level.

Chairman Towle questioned about the specifics of the drywells located within the track.  Mr. Costello explained they are in the process of researching grease and oil separators for these wells.

Mr. Moore questioned the need of expansion of the exiting septic system, how the parking requirement was determined and if there was to be any additional proposed signage?  Mr. Breton believes the existing septic system is more than adequate to handle the added traffic, but will confirm this statement.  The parking requirements were determined by the applicant’s traffic consultant.  Mr. Breton explained that they may change the current signage to reflect the addition of the attraction and also to place directional signage on the property to direct traffic to the track.  It was noted that the site is currently at its maximum allowable signage.

Mr. Jameson stated that he felt keeping customers on the property necessitated additional parking and feels the expansion of 26 spaces versus the prescribed 10 is more conducive.  Mr. Jameson suggested the addition of barriers and or fencing to better delineate the proposed parking.

Mr. DeBold stated that the Town may be able to discontinue part of the existing Right of Way to provide more parking.  Mr. Breton explained that they have not pursued this option.

Mr. Breton acknowledged the parking issues that were present upon the opening of the facility.  Initially there was a 2-hour waiting period which reduced to 1-hour following, and was thought to be more acceptable.

Being no further comments from the Board, Chairman Towle opened the discussion to those abutters present.  It was explained to those present that the Board was aware of the parking issues relating to this property and that such were enforcement issues and were not to be entertained in this forum.

Leslie Walker of 14 Bailey Road stated that she had originally been in support of the family use of the property and its use of natural features.  She is now faced with an asphalt track with go-karts.  Ms. Walker stated that this proposed use would be an annoyance and non-friendly towards the abutters.  Ms. Walker also stated that there was insufficient on-site parking for 6 out 7 days of operation and that adding customers would only increase this insufficiency.  Roadside parking prohibited access for safety vehicles to the surrounding community.  Ms. Walker is also concerned about the noise level of the go-karts and feels the added use in no longer appropriate for the area.

Patricia Tiernan of 20 Bailey Road expressed to the Board that the customers of the course continuously threw their trash along the side of the road, and that on one day there were 15 cars parked on both sides of the road and that an ambulance had difficulty entering her driveway for an emergency response.

Michael Cwikla of 17 Bailey Road stated that he was not in favor of the development and the Board needed to review the issues of lighting glare, noise, gas fumes, and parking.

Ewen MacKinnon of 37 Bailey Road provided to the Board four (4) pictures of Bailey Road during the third week of operation of the golf course showing cars parked along both sides of the road.

Paul Twomey representative for William and Diane Stevens of 15 Bailey Road explained to the Board that the Chichester Zoning Ordinance (CZO) states that land use shall not be detrimental to land or the abutting public.  Mr. Twomey stated that offsite parking requires persons to cross a road to access the property.  Mr. Twomey added that noise is cumulative and people have the right to enjoy their property for the whole day, not just when an abutting business in not in operation.  Mr. Twomey feels the site is too small for the proposed use and that seeing as the applicant has attempted to mitigate any obnoxious use concerns, they acknowledged the potential.  It was also stated that noise is detrimental to not only physical health but to psychological health as well.

Carolyn Smith of 57 Bailey Road expressed concern to the Board about the traffic, roadside trash and noise of the proposed development of the property.

Janet Labbe of 27 Bailey Road feels that the traffic entering and exiting the property and Route 4 creates a public safety issue.  She has stated that past customers have unsafely made u-turns on Route 4 and have used area driveways to turn around.  Ms. Labbe feels that the added traffic to this site will make the proposed parking insufficient and is also concerned about the current littering problem and its increase due to the additional traffic.

Diane Stevens of 15 Bailey Road brought to the attention of the Board that the comparable decibel levels provided by the applicant do not take into account the cumulative noise level of 8 to 10 go-karts operating at the same time 7 days a week.  Ms. Stevens stated that sound travels and does not feel the proposed screenage will be sufficient to mitigate the noise and expects the Board to protect the residents of the community.  Ms. Stevens also shared concerns about the possibility of fuel spillage, current light encroachment upon the property and into the house as well as the unsafe use of the turn-around area across Bailey Road on the property of the Weathervane.  Ms. Stevens also submitted to the Board a letter from her Real Estate agent, Suzanne Walsh, stating that the proposed use of the applicant’s property as a go-kart track will have a negative impact on the value of the Steven’s property and that the gas fumes and noise will deter many potential buyers.

Bruce Merrill of 22 Trap Road expressed concern of the current lighting and night glow from the property and the potential of increased noise as he can now hear the batting cages from his home.  Mr. Merrill also expressed concern of the increased traffic to an already dangerous traffic volume, and of safety access to the property.

Glen Walker of 14 Bailey Road expressed to Board his concern of the customers parking along Bailey Road and of the congregation (loitering) of the same.

Paul Twomey stated that in his opinion the property is currently an obnoxious use of the land.

Mike Cwikla asked the applicant about the length of the track.  Mr. Breton explained to those present that an ideal track length would be 1200 feet but was reduced to 800 feet.  At this size, they were unable to acquire an area variance and further reduced the track to 600 feet in length.  Mr. Cwikla also stated that he does not believe that the trees will provide a sufficient noise buffer to the abutting properties.

Bill Stevens of 15 Bailey Road expressed to the Board that his big issues concerning the use of the property were lighting, glare, parking and the inability of the property to provide sufficient additional parking.

Diane Stevens stated that there is insufficient space available for adequate parking and that the initial parking requirement studies for the applicant were insufficient.  Ms. Stevens also stated that enforcement is a primary issue of the Board.

Mr. Weir stated to the public present that the function of the Planning Board is to ensure the applicants proposal is compliant with the Zoning Ordinance of the Town.  Any appeal or concern of the use being obnoxious would need to be presented to the Zoning Board of Adjustment and not the Planning Board.  Mr. Weir also acknowledged that parking is an issue and that the applicant has provided professional review of the parking needs and has exceeded the recommendation of 10 additional spaces by providing 26 spaces.  Mr. Weir also expressed to the public members present that he feels their concerns are valid.

Paul Twomey stated that he agrees that the Planning Board has no jurisdiction over the obnoxious use and that this issue would need to go before the ZBA.

Mr. DeBold stated that it is incumbent upon the Board to address the parking, lighting, and traffic of the proposed development.  Mr. DeBold also stated that he feels this proposal should be sent to the Town Engineer (CLD) for review.  Mr. DeBold also asked those present if there was a parking issue all summer?   The public responded that there were parking issues on the weekends for the duration of the summer months.

It was noted that there are 50 designated parking spots currently on the property and that without delineation; these may not be effective.

It was the consensus of the Board that the proposal be sent to CLD Engineering for review and that all of the public concerns are to be submitted consideration as well.

Being no further discussion the Design Review shall be continued to a meeting of the Planning  Board on March 6, 2008 at 7:00pm at the Grange Hall.

Chairman Towle recessed the meeting for 10 minutes, and called the meeting back to order at 10:20pm.

DISCUSSION:     East Coast Wholesalers
        Site Review-
        General Merchandise Retail
        Map 9 Lot 91
        Kelley’s Corner Road

Mr. Alan William was present to speak on the merits of the proposal.

At the direction of the Board of Selectmen at the result of a zoning complaint filed against the property, Mr. William is before the Board to determine the need of Site Review for his business located at 81 Kelley’s Corner Road.  Mr. Pike provided to the Board an approved site plan for the property that was approved by the Planning Board on October 1, 1992.  Mr. William explained to the Board that the only change to the site is the type of items being sold.  Mr. William submitted to the Board a drawing of the proposed modification to the signage on the site, and stated that it has not been completed yet due to the season.  Mr. William does not believe there is any additional impact to the site, as his current traffic count is minimal during the week and between 8 and 20 vehicles on the weekends.  Mr. William also asked the Board if he would need to complete the site review process to perform extensive exterior maintenance to the building.  Mr. William was directed to contact the Building Inspector for the proper permits to complete this maintenance.  It was the consensus of the Board, that Mr. William did not need to complete the Site Review process for the change in business.  The plan for the signage will be maintained on file with the Planning Board and a letter is to be sent to Mr. William as to the results of this discussion.

DISCUSSION:     Douglas Wade
        Site Review-
        Self-Storage Units
        Map 8 Lot 17
        Suncook Valley Highway

Mr. Doug Wade was present to speak on the merits of the proposal.

Mr. Wade provided the Board with a sketch of the proposed structures on the site.  It is the intention to replace the house with 5 Self-Storage buildings and to relocate the house to the NE corner of the property.  Mr. Wade explained that the storage units and the house would each have their own driveways using both of the curb cuts on the property.  The proposed storage buildings are each 100 feet long and are built with pitched roofs.  

Mr. Weir stated that there are forthcoming changes to the Shoreline Protection Act that will require a setback of 250 feet, and directed Mr. Wade to contact DES concerning this issue.  

Mr. Wade was directed that if this proposal was to go forward that the use would require Site Review by the Planning Board.

DISCUSSION:     Patricia Humphrey
        Garvins Hill Road
        Map 1 Lot 42

Ms. Patricia Humphrey and Mr. Alan Head were present to speak on the merits of the proposal.

Mr. Head explained to the Board that the intent of the proposal is to remodel the existing office space in the detached barn into a temporary living space for the son of Ms. Humphrey for 1- 2 years as a new house is built.  It was stated that the barn is 20 feet away from the primary dwelling.

Mr. Weir stated that he believes that multiple single-family dwellings may be contained on a lot that meets the minimum frontage and acreage requirements for each in accordance with the way the Zoning Ordinance is written stating that the permitted uses for land in the RA zone are “single and two family dwellings.

Mr. DeBold stated that he does not agree with Mr. Weir, explaining to the Board that other areas of the Ordinance specify that permitted uses are “a single family dwelling.”  Mr. DeBold also stated that in the past the Board has not permitted two (2) single family dwellings on a lot.

It was stated that the proposal is only adding a bathroom and a kitchen to the existing office.

Mr. Weir expressed to the Board that he feels the questions regarding this proposal should go to Town Counsel.

Mr. Jameson stated that the Board needs to decide if this use is allowable.

Mr. Weir stated that the addition of a dwelling unit falls under the jurisdiction of the GMO and would require a residential building permit.

Ms. McIntosh asked those present if the existing water supply and septic systems were adequate to handle the increased use.  Ms. Humphrey stated that the existing systems were large in size and should handle the increase.

DISCUSSION:     RV Solutions
        Site Review
        Snack Bar and RV Rentals
        Map 4 Lot 166
        Dover Road

Karen and Bill Towle were present to speak on the merits of the proposal.

Mr. Towle provided to the Board the existing site plan for the property approved by the Planning Board on July 23, 2005.  RV Solutions is currently located at Lugg Plaza on Dover Road and desires to move to this available location.  It was stated that there will be no changes to the property and it is the intent to maintain the driving range and pro-shop and to add a snack bar within the existing building and to allow for the display of RV’s for rent.  The Towle’s currently own 5 motor homes and 15 travel trailers.  There is to be no new outside construction, but only remodel of the existing building to provide for the snack bar.  

The Towles were directed to move forward with the Site Review process and to indicate all proposed uses on the application and plan.

The Board entered discussion concerning the letter to be drafted to Town Counsel concerning the proposal of Ms. Patricia Humphrey.  A copy of this letter shall be attached to these minutes.

Chairman Towle reviewed with the Board some “lessons” that were learned subsequent to the recent ZBA Hearing.

     -Need of providing a better recorder for preparing minutes.

     -When closing an agenda item, to make sure any action to be taken or motion to be made is clear and                                                                               specific.

Chairman Towle expressed to the Board that he would be resigning from his position on the Board effective March 31, 2008, and that this would make four (4) vacancies on the Board for the ensuing year.  Each member whose term is ending this year was directed to express their desire to be reappointed to the Board of Selectmen.

Being no further discussion, a motion was made by Chairman Towle and seconded by Mr. Ruoff to adjourn the meeting at 11:20pm.  Motion passes by unanimous vote.

Respectfully submitted,



Jamie A Pike, Secretary



____Bradley J Towle_____________Approved as Corrected March 6, 2008
Bradley J Towle, Chairman



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