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Planning Board Minutes 06/01/2008
CHICHESTER PLANNING BOARD
Minutes of Meeting
May 1, 2008

Members Present:  Chairman Thomas Jameson, Vice-Chairman Chris Weir, Ex-Officio Richard DeBold, Richard Arell, David Kenneally, Joanna McIntosh, Stan Brehm, Richard Moore (Alt.) and Secretary Jamie Pike.

Chairman Jameson opened the meeting at 6:35pm.

The minutes of April 3, 2008 were reviewed and minor grammatical corrections were made.
A motion was made to approve the minutes as corrected by Mr. Brehm and seconded by Ms. McIntosh.  
Motion passes by Unanimous Vote.

Discussion:  Ron Wroblewski, L & K Truck Bodies
Mr. DeBold explained to the Board that Selectman MacCleery had brought to the attention of the Selectmen that Mr. Wroblewski’s Site Plan Approval had lapsed due to the fact that the parking lot had not been paved within 90 days of approval nor had Mr. Wroblewski applied for an extension.  Mr. Pike presented the Board with the DES permit approval providing for a condition that the applicant perform all work in accordance with the submitted Site Plan.  The submitted Site Plan indicated that the parking lot would be paved.  Mr. MacCleery explained that discussion of the parking lot being paved had occurred during the ZBA hearing concerning the project.   Mr. Wroblewski stated that at the last meeting of the Planning Board there was discussion about not paving the parking lot as the storm drainage would adversely affect the surrounding wetlands.  Mr. Wroblewski was directed to contact DES about the requirement for paving of the parking lot and to inform the Board of any findings.

Chairman Jameson opened the Public Hearing session of the Meeting at 6:55pm.  The members of the Board were introduced to those present in the audience and the Agenda was read.

Public Hearing:  Primax Properties, Site Review
Abutters Present:  Mr. Ed O’Brien

Mike Malynowski of MHF Design and Jeff Santacruce of Greenman-Pederman were present to speak on the merits of the application.

Mr. Malynowski presented a brief recap of the proposal and has reviewed and addressed all of the latest comments from CLD.  Mr. Santacruce updated the Board in reference to the DOT driveway permit.  It was explained that a right turn treatment will have to be added to Route 4.  There will be no left turn treatment required.  It was also stated that the applicant shall post a bond for all work on Route 4.  Mr. Santacruce presented the Board with a letter from DOT stating that Permit# 05-059-0001 has been reserved for this project.

Being no further discussion, a motion was made by Mr. Kenneally and seconded by Mr. Weir to approve the Site Plan as presented.  Motion passes by unanimous vote.

Design Review:  Chucksters, LLC, Site Review
In accordance with RSA 673:14, Mr. DeBold disqualified himself from the proceedings of this application.
In accordance with RSA 673:11, Chairman Jameson appointed Alternate Ex-Officio MacCleery to fill the position.

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

Mr. Costello explained to the Board that he had no contention with the latest set of review comments from CLD.  One change that is being required by DES is the minimizing of the width of the access road to the track.  The Fire Chief will be contacted to determine if this new width is adequate.

The CLD comments were reviewed by the members of the Board.

Items of concern included the fueling station.  Mr. Costello explained that there will be a 2-story maintenance building with the fuel storage in the lower level.  The go-karts will be brought to a grooved pad area through a removable section of the track barrier.  The cars would require refueling no more than once per day at a maximum and most probably every other day.

The treatment swale shall be designed in conjunction with the Alteration of Terrain permit.  New drainage calculations will be provided to CLD for review.  A new clear solution septic system will be used to reduce the size of the leaching field and the new system will be able to support 4 times the current load.

There was much discussion of the sound level of the site.  Mr. Costello asked the Board to decide on a suitable level of sound trespass from the property.   After a review of the materials submitted by the applicant it was determined that the approximate level of sound trespass without any buffers would be approximately 68 dB or the level of normal conversation.  Mr. Jameson and Mr. MacCleery suggest that no level of sound be permitted to trespass onto abutting properties.  Mr. Weir and Mr. Brehm suggest that the level of sound trespass to be limited to that of normal conversation.  Mr. MacCleery mentioned that it is not only the level of sound but that the duration of the sound must also be taken into consideration.  Some members felt that it would be appropriate for the applicant to provide a test of the 16 cars to determine the actual sound level.  The applicant stated that there are no comparable tracks in the area that could be used to determine the sound level.  A letter will be directed to CLD to ask the question of what would be a normally acceptable level of sound trespass and to recommend sufficient screenage to mitigate the sound level from the site.

Mr. MacCleery requested that Chairman Jameson open the floor to those abutters present.  

Paul Twomey, counsel for Bill and Diane Stevens of 15 Bailey Road, questioned the number of cars to be permitted on the track at any one time.  The minutes of February 8, 2008 stated that there would be no more than 10 cars on the track at any one time.  Mr. Twomey explained to the Board that sounds affects the health of persons.  Mr. Twomey also explained that it is the requirement of the Board to protect the rights of the abutting homeowners and that a sound level equal to normal conversation or 60 dB will not be acceptable.

Leslie Walker of 14 Bailey Road, stated that it should be documented as to the number of permissible karts to be in use and that the applicant should be required to provide detailed studies of the specific engine being used.  Ms. Walker also stated that the Board did not properly document all the requirements of the previous approval.

Glen Walker of 14 Bailey Road stated that he believed the applicant should take the risk of purchasing the 16 cars to test the sound level.  Mr. Walker also stated that his house is elevated from the proposed site and that he does not understand how the dB level will be affected.

Bill Stevens of 15 Bailey Road, stated that no additional sound from the site will be acceptable nor will he tolerate being able to hear the go-karts at all.

Diane Stevens of 15 Bailey Road suggested that the Planning Board visit her house on a typical weekend evening to hear the sound level coming from the site.  Ms. Stevens also stated that she has to keep her windows closed, is unable to use her deck and that her living space is being affected by the site.

Janet Labbe, representative of Mike Cwikla, stated that no noise increase would be acceptable.

Mr. Blasko stated that the weekend operation hours of the golf course will be until 11pm and the track would close at 10pm.

Being no further discussion this Design Review shall be continued to a meeting of the Planning Board on June 5, 2008 at 7pm in the Grange Hall.

Public Hearing: RV Solutions, Site Review
Abutters Present:  Robert Cavacco, Sr.

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

It was stated that the Towle’s were only awaiting an approved driveway permit from DOT.  Mr. Towle provided the Board with an approved DOT driveway permit.

Being no further discussion, a motion was made by Mr. Weir and seconded by Mr. Kenneally to approve the Site Plan as presented.  Motion passes by unanimous vote.

Design Review:  Robert Cavacco, Sr., Subdivision
Ms. Jennifer McCourt of McCourt Engineering Associates was present to speak on the merits of the application.  Ms. McCourt provided a brief over view of the proposal to the Board.  It was noted that changes were made to the plans following the preliminary review by Mr. Pike.  The parcel, described as Map 4 Lot 156 is to be divided into 2 parcels.  A well location has been identified and test pits were dug on the new lot, and an existing driveway permit has been re-submitted to DOT for review.

Being no further discussion, a motion was made by Mr. DeBold and seconded by Mr. Arell to accept the application as complete.  Motion passes by unanimous vote.

Public Hearing:  Robert Cavacco, Sr., Subdivision
Abutters Present:  James Wilson and William Harris

Being no discussion on the Subdivision Application, a motion was made by Mr. DeBold and seconded by Mr. Weir to approve the application as presented.  Motion passes by unanimous vote.

Design Review:  Robert Cavacco, Sr., Site Review

Ms. Jennifer McCourt of McCourt Engineering was present to speak on the merits of the proposal.  It was explained to the Board that the purpose of this Site Review is for the construction of a Self-Storage facility and a 2-family dwelling for owner occupancy on Map 4 Lot 156-1.

The site plan details the location of each storage building and dwellings.  The site provides for 4 parking spaces for employees and customers including handicapped parking spaces.  The site also provides parking spaces for U-haul rental trucks.  The dwelling units shall have 4 parking spaces each, 2 of which shall be in the attached garages.  There shall be one well on the site to provide water supply to both the dwelling and offices, and there shall be 2 septic systems, one for the dwelling and one for the storage office.  The septic systems have been submitted to DES, review comments have been received and revised and awaiting final approval.
All permeable surfaces will drain into a detention pond and result in no increase to post development drainage.  Construction erosion will be deterred by a mulch berm versus silt fencing.  
The applicant has requested a waiver from the requirement to locate and site the wells and septic systems of the abutting properties.  Waiver Granted.
A lighting plan was provided.  Lights will be mounted at 7.5 feet on the doors of the buildings and at a height of 10 feet on the ends of the building.  There will be no light trespass at any boundary.  Lighting is kept to a minimum and will be for security purposes only.  
Minor landscaping is proposed along the driveway.  The driveways shall be gated and will be coded as is the campground.

Being no further discussion, a motion was made by Mr. DeBold and seconded by Ms. McIntosh to accept the application as complete.  Motion passes by unanimous vote.



Public Hearing:  Robert Cavacco, Sr., Site Review
Abutters Present:  James Wilson and William Harris

Mr. Wilson of 26 Cross Road wanted to be certain that water drainage from the site is restricted from any direct impact to Marsh Pond.  It was explained that pre-development and post-development drainage calculations are equal.  All drainage from the post-development of the site will be detained by a pond at the rear of the property.

Mr. Harris of 74 Dover Road questioned as to the number of units and the hours of operation.  It was explained that the individual units can be modified to ones as small as 10 feet in width.  The interior walls are removable to accommodate larger unit availability.  It was also explained that the hours of operation will be from 9am to 8pm during the summer and with less hours in the winter.

It was requested by the Board that the application be sent to CLD for review.

Being no further discussion the Public Hearing shall be continued to a meeting of the Planning Board on June 5, 2008 at 7pm at the Grange Hall.

Design Review:  Chester Briggs, Subdivision
Paul Zuzgo and Douglas Briggs were present to speak on the merits of the application.

It was explained to the Board, that this minor subdivision will be to divide the original parcel in half for the purpose of sale of the property.

Mr. Brehm inquired of the applicant as to the delineation of the wetlands.  Such delineation would be required to determine that there are sufficient buildable soils within the property.  It was noted that the applicant had referenced the 1965 Merrimack County Soils Maps for the delineation, but in accordance with CZO III:P 3(c), all subdivisions submitted to the Planning Board shall have the wetlands delineated and be signed by a NH certified wetlands scientist.

The applicant explained to the Board that they will get the wetlands delineated and also add a lot line adjustment to the plan for an abutting property also owned by the applicant.

Being no further discussion the Design Review shall be continued to a meeting of the Planning Board on June 5, 2008 at 7pm at the Grange Hall.

It was requested by Ms. McIntosh that the July 3rd meeting be rescheduled to July 10th.  The Board was in agreement.

Discussion ensued concerning the letter to be sent to CLD concerning the sound level at the Chuckster’s site.  This letter will be part of the public record file.

Being no further discussion, a motion was made by Mr. Kenneally and seconded by Ms. McIntosh to adjourn the meeting at 11:16pm.  Motion passes by unanimous vote.

Respectfully submitted,




Jamie A Pike, Secretary




Thomas Jameson, Chairman


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