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Planning Board Minutes 04/03/2008
CHICHESTER PLANNING BOARD
Minutes of Meeting
April 3, 2008
 
Members Present:  Ex-Officio Richard DeBold, Tom Jameson, Chris Weir, David Kenneally, Stan Brehm, Richard Arell, Joanna McIntosh, Richard Moore (alt), and Secretary Jamie Pike.
 
Mr. Pike opened the meeting at 6:30pm. 
 
Mr. Brehm was sworn into office by Mr. DeBold.
 
After expressing interest in becoming the Chairman of the Board, both Mr. Weir and Mr. Jameson explained how they would like to see the Board move forward more effectively.
 
A nomination was made by Mr. DeBold and seconded by Ms. McIntosh for Mr. Jameson.
 
A nomination was made by Mr. Kenneally for Mr. Weir.
 
A motion was made by Mr. Weir to allow the alternate member and secretary act as voting members for the purposes of electing the Chairman.  There was much discussion on this issue, the Bylaws and RSA’s were referred to for proper procedure.  It was determined that only full voting members of the Board may vote.  Mr. Weir retracted his motion.
 
The role of Chairman was voted upon by secret written ballot.  The two candidates were Mr. Jameson and Mr. Weir.  Mr. Jameson was elected Chairman 5:2.
 
Mr. Weir expressed interest in fulfilling the duties of Vice-Chairman.  Mr. Weir was appointed Vice-Chairman by a unanimous vote of the Board.
 
The minutes of the March 6, 2008 meeting were reviewed and the following corrections were made:
 
            Page 3 Paragraph 1 – ….that due to the excess……
 
            Page 3 Paragraph 2 - The parking of RV’s for advertising their rental would be limited…..
 
Page 3 Paragraph 3 - Add:  The Towles were also directed to contact NHDOT concerning the required setback from Route 4.
 
Page 3 Add Paragraph - Mr. Brehm suggested the moving of the serving window to the Westerly                     side of the building.  Mr. Brehm also brought forward concern that the rental of RV’s does not fit within the restrictions of the Commercial Village District zoning.
 
Being no further correction, a motion was made by Mr. DeBold and seconded by Ms. McIntosh to approve the minutes as corrected.  Motion passes by unanimous vote.
 
The minutes of the March 17, 2008 meeting were reviewed and the following correction was made:
 
            Page 1 Paragraph3 – …as a commission member at as the result…
 
Being no further correction, a motion was made by Mr. Brehm and seconded by Mr. DeBold to approve the minutes as corrected.  Motion passes by unanimous vote.
 
Public Hearing – Subdivision Regulations
 
The Board reviewed the final draft copy of the Subdivision Regulations and Application.
 
A motion was made by Mr. DeBold and seconded by Mr. Kenneally to adopt the Subdivision Regulations and Application as presented.  Motion passes by unanimous vote.
 
Public Hearing – Bylaws and Rules of Procedure
 
The Board reviewed the final draft copy of the Bylaws and Rules of Procedure.
 
A motion was made by Mr. Kenneally and seconded by Ms. McIntosh to adopt the Bylaws and Rules of Procedure as presented.  Motion passes by unanimous vote.
 
Public Hearing – Primax Properties, Site Review
 
There were no abutters present.  Chris Tymula was present to speak on behalf of the applicant upon the merits of the proposal.
 
Mr. Tymula reviewed those changes that were made in response to CLD’s comments.  It was also stated to the Board that the applicant had received its approvals from NHDES for the Alteration of Terrain and Septic permits.
 
Mr. Tymula, feeling confident that all CLD comments were addressed, requested a conditional approval with such conditions being the provision of a NHDOT Driveway Permit and the settling of any further CLD comments.  It was explained to the Board that any site construction by Primax Properties would not disturb those areas of NHDOT concern.
 
Mr. Moore expressed concern about the granting of an approval without a review of CLD’s comments and also had questions concerning the ZBA hearing of March 26, 2008.
 
The Board was informed that a variance was granted by the ZBA to the applicant for the provision of a 120 sq/ft sign on the building and a 75 sq/ft sign to be place roadside.  Both signs are to be internally illuminated.
 
Mr. Jameson stated that he was uncomfortable not hearing final comments from CLD and the results of any NHDOT mitigation.
 
Mr. Jeff Santacruce of Greenman-Pederman, Inc explained to the Board that preliminary NHDOT mitigation shall include a widening treatment of Rte 4 to allow for a right turning lane.
 
Mr. Tymula asked the Board is a letter from NHDOT, providing a reserved permit # would be acceptable to the Board.
 
Chrmn. Jameson requested a consensus of the Board in regards to granting a conditional approval contingent upon the receipt of an approved NHDOT permit if documents were provided from NHDOT that a permit has been reserved for the applicant.  The Board was in agreement 5:2.
 
Being no further discussion the Public Hearing shall be continued to a meeting of the Planning Board on May 1, 2008 at the Grange Hall at 7pm.
 
Design Review – Chucksters, LLC
 
The applicant requested to continue the meeting, awaiting the review from CLD.
 
Being no further discussion the Design Review shall be continued to a meeting of the Planning Board on May 1, 2008 at the Grange Hall at 7pm.
 
Design Review – RV Solutions, Site Review
 
Mr. Bill Towle was present to speak on the merits of the proposal.
 
Mr. Towle explained to the Board that the existing septic system was designed to handle 592 gallons of sewage per day.  A system must be designed to handle a minimum of 35 gallons per person per day. 
 
Mr. Towle continued to inform the Board that upon conversation with NHDOT, a new Driveway Permit would be required due to the expansion of the business and that the NHDOT set back is 40 feet from the Right-of-Way, but they do not have any restrictions of what may occur in the setback.  Through discussion of the Board, it was determined that current zoning only places restrictions within 30 feet of the Right-of-Way of the State maintained highway per CZO III-E2.  Per this information, a deck would be allowed off the front of the building, as it would not encroach upon the 30 foot setback.
 
Mr. Towle proposed additional signage of 32 sq/ft atop of the ice-cream shop.  The site currently has 32 sq/ft of signage.  The total signage shall be 64 sq/ft.  The roof-top sign shall not be illuminated.
 
Proposed additions to the building are a 5 foot raised walkway along the front of the building and a 16X17 foot deck at the westerly end of the building.
 
In conversation with NHDES, Mr. Towle determined that there would not be necessary additional public restrooms, because the business is primarily take-out in nature.  Mr. Towle stated that there is a public restroom in the pro-shop and he plans on adding an additional restroom to the interior of the ice cream shop for employee use.  There had been previous discussion of the use of portable toilets to the rear of the building for public use.  This is no longer under consideration by the applicant.
 
Mr. Towle explained to the Board that the RV’s parked at the location would be limited to 5, one for each style they rent, and would be for advertising purposed only.  The units would not be rented from this location.
 
Mr. Brehm stated that he objects to the parking of the RV’s at this location due to its inclusion within the Commercial Village zone, and that this is not a permitted use within the zone.
 
Public Hearing – RV Solutions, Site Review
 
There were no abutters present.
 
A motion was made by Mr. Weir and seconded by Mr. Kenneally to accept the application as complete.  Motion passes by a split vote of 6:1.
 
Mr. Towle explained to the Board that the Driveway Permit has been applied for, and should be received in the near future as this is only an administrative permit as there will not be any changes to the site required. 
 
Being no further discussion the Public Hearing shall be continued to a meeting of the Planning Board on May 1, 2008 at the Grange Hall at 7pm.
Design Review - Patricia Humphrey, Subdivision
 
Mr. Jeff Green presented the Board with revised plans for the subdivision of the parcel.  Mr. Greene explained that this was a minor subdivision of a 155.13 acre parcel.  The lot to be annexed contains 30.508 acres leaving 122.6 acres of the original parcel.  The new lot will have 950 feet of road frontage and the remaining lot will have 3307 feet of road frontage.  Mr. Green has had the wetlands around the building site mapped, and created the remaining soils from the 1965 Merrimack County Soil Survey.
 
The applicant is proposing a driveway easement across the primary lot extending from the end of Garvins Hill Road to the rear of the existing buildings.
 
The soil scientist, Peter Schauer, was unavailable to stamp the revised plans this day.
 
It was also noted that there was not a proposed lot number on the plan for the new parcel.  Mr. Pike explained to the Board that the assessing office prefers the sub lot to be a number and not alpha-numeric.  Mr. Greene was directed to label the sub lot Map 1 Lot 42-1. 
 
Mr. Moore questioned the applicant if the abutting property was a valid abutter due to its joint ownership with the applicant.  It was noted that the adopted definition of an abutter does not exclude parcels of contiguous ownership.
 
Public Hearing- Patricia Humphrey, Subdivision
 
There were no abutters present.
 
 A motion was made by Mr. Brehm and seconded by Mr. DeBold to accept the application as complete.  Motion passes by unanimous vote.
 
Jeff Greene and Steve Bedard were present to speak on the merits of the proposal.
 
Mr. Greene requested approval of the subdivision baring the absence of a stamp from the soil scientist and the proper numbering of the sub lot.
 
Mr. Brehm feels that the conditions set forth are suitable for approval.
 
The Board discussed the granting of a conditional approval and determined that in light of past experiences and precedence that it would not be prudent to allow a conditional approval.
 
 A motion was made by Mr. Kenneally and seconded by Mr. Weir to recess the Public Hearing until 9pm to allow the applicant sufficient time to have the plans stamped by the soil scientist and to make the necessary numbering changes to the plan.  Motion passes by unanimous vote.
 

 
Public Hearing – Thomas Houle, Home Occupation
 
Pursuant to RSA 673:14, Mr. Kenneally disqualified himself as a voting member for the purposes of this Public Hearing.
 
Pursuant to RSA 673:11, Chrmn. Jameson appointed alternate member Richard Moore as a voting member to act in the disqualification of Mr. Kenneally.
 
Abutters present:  David Kenneally
 
Mr. Houle was present to speak on the merits of the proposal.
 
It was explained to the Board the business known as “Grateful Sleds” is currently an existing business and that the applicant is before the Board to not only comply with Town regulations, but that a permit from the Town is required to seek approval from the State to become an inspection agent for motorcycles.  There is no proposed expansion to the business or facilities.
 
Mr. Moore reviewed and verified each of the requirements of CZO III-F1 with the applicant.
 
A motion was made by Mr. Weir and seconded by Mr. Brehm to approve the Home Occupation as proposed.  Motion passes by unanimous vote.
 
Public Hearing – Patricia Humphrey, Subdivision (Continued)
 
There were no abutters present.
 
Mr. Greene provided the Board with a revised plan for the subject subdivision with the corrected lot number and a signed stamp from the soil scientist.
 
A motion was made by Mr. Kenneally and seconded by Mr. Weir to approve the subdivision as proposed. Motion passes by unanimous vote.
 
Mr. Pike reviewed with the Board those documents that required review for the next meeting.
 
Mr. Pike asked the Board for permission to request from the Selectmen the authorization to expend Cable Franchise Fees for the purpose of purchasing a new microphone for recording the meetings.  The microphone recommended by Mr. Pike was the Voice Tracker Array Microphone from Acoustic Magic, Inc.  This microphone has been determined to be the best overall solution to provide clarity of audio and ease of use. 
 
A motion was made by Ms. McIntosh and seconded by Mr. Moore to authorize Mr. Pike to request funding from Cable Franchise Fees to purchase the Voice Tracker microphone from the Board of Selectmen.  Motion passes by unanimous vote.
 
A motion was made by Mr. Kenneally and seconded by Mr. Brehm to adjourn the meeting at 9:50pm.  Motion passes by unanimous vote.
 
Respectfully submitted,
                                                                                               
                                                                                                Approved as Corrected
Jamie A Pike, Secretary      

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