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Planning Board Minutes 06/05/2008
Chichester Planning Board
Minutes of Meeting
June 5, 2008

Members Present:  Chairman Thomas Jameson, Vice-Chairman Chris Weir, David Kenneally, Joanna McIntosh, Richard Arell, Stan Brehm and Secretary Jamie Pike.

Chairman Jameson called the meeting to order at 6:40pm

The minutes of May 1, 2008 were reviewed and minor grammatical corrections were made.  A motion was made by Ms. McIntosh and seconded by Mr. Weir to approve the minutes of May 1, 2008 as corrected.  Motion Passes by Unanimous Vote

Pursuant to RSA 673:11, Chairman Jameson appointed Selectman MacCleery to act as Ex-Officio in the absence of Selectman DeBold.

Mr. Weir asked the Board what direction should be taken concerning the approval of the Giuda-Merrill Subdivisions such that pursuant to SubRR III:7; if all conditions have not been met within 90 days, the preliminary approval shall lapse.  It was also brought forward that should this come back before the Board for re-approval that the known issue of correctly assessed Impact Fees will have to be taken up.  Those conditions that have not been met include: provision of floor plans, DES permits, Engineering and Surveyor signatures and seals and the posting of a bond for the construction of new streets.  Mr. MacCleery stated that the Selectmen already have a similar question before Town Counsel concerning a similar matter.  Mr. Pike was directed to follow up with Ms. Lisa Stevens concerning this matter.  Chairman Jameson permitted Mr. Pike to seek clarification from Town Counsel if needed.

L&K Equipment:  Following the meeting on May 1, 2008, Mr. Wroblewski was directed to contact DES concerning the requirement to pave his parking lot.  DES has followed up with a letter stating that it will not be required of Mr. Wroblewski to pave the parking lot.  Having no further comment, the Board shall direct this letter to the Board of Selectmen.

Design Review:  Chucksters LLC, Map 2 Lot 81

Mr. Breton and Mr. Costello of AC Engineering were present to speak on the merits of the application.

Selectman Jeffrey Jordan requested that Mr. David Kenneally recuse himself from the Board for the purposes of hearing, deliberating, or voting on the present application on the grounds of certain comments that were made by Mr. Kenneally during a meeting of the Board of Selectmen on May 27, 2008.

Pursuant to RSA 673:14, Mr. Kenneally recused himself from the Board for the purposes of hearing, deliberating, or voting on the present application.

Mr. Breton stated to the Board that they have decided to change their proposal to electric go-karts versus gas-powered karts.  Such change shall eliminate any concerns of noise, fumes, and fuel storage issues.  The design of the maintenance building has been altered to accommodate the needs of the newly proposed karts.  Other modifications were made to the design that pertained solely to the use of gas-powered karts.

Each of CLD’s final comments has been addressed by the applicant.  A note has been added to the plans stating that 20 Electric Karts are proposed for the site.  The applicant is still awaiting final approval on all DES permits.  The applicant is continuing to propose a clear solution septic system.  Consultation and designs are still being pursued for this alteration to the existing system.  The applicant has added a waiver request to the plan set concerning the requirement to submit a landscaping plan.  All landscaping is included in the plan set on other sheets.

Mr. MacCleery asked the applicant if there is any noise level realized from the electric go-karts.  The applicant said that any noise from the karts’ normal operation would be equal to that of a golf-kart and minimal.

A motion was made by Mr. MacCleery and seconded by Mr. Weir to accept the application.  
Motion passes by unanimous vote.

Public Hearing:  Chucksters, LLC, Map 2 Lot 81

Abutters Present:  Bill Stevens, Diane Stevens, Leslie Walker, Glen Walker, Bob Boudreau, Ewen MacKinnon

Mr. Chuck Breton and Mr. Anthony Costello were present to speak on the merits of the application.

Mr. Stevens explained to the Board that he had two concerns with the applicant’s proposal: the noise and the proposed parking lot with its proximity to his property line.  Mr. Stevens stated that the expansion of the parking lot will increase the visibility of the site from his residence and will decrease the value of his property.

Mr. Breton explained to Mr. Stevens how the parking lot will be laid out with a retaining wall, an earthen berm, fencing and plantings to provide screenage for the site.  It was also explained to Mr. Stevens that under the current site approval, an allowance is made for the removal of more trees for the expansion of the lot.

Mr. Walker brought forward concerns about the previously approved pavilions.

Mr. MacKinnon brought forward concerns about the glare from the property, the requested waiver for the provision of a landscaping plan and the lack of final approvals from DES.  Mr. MacKinnon also brought forward that the applicant had entered into a verbal agreement with the Stevens and the Walkers that the parking lot would not be expanded towards their property.

Mr. Walker stated that there had not been any parking noticed along Bailey Road, but turn-around traffic in his driveway had increased and there was increased parking on the Weathervane lot.

Ms. Stevens formally requested that the Planning Board conduct a site visit to her home to view the site from the inside of the house.   Mr. Stevens stated that you cannot judge or visualize the site from the presented paper plans and that the Board needs to see how the expanded parking lot will decrease the value of his property.  The consensus of the Board was that a site visit would not add any information that would have any effect on their decision.

The question arose of how long the lighting will be on during the weekend operations.  On Friday and Saturday nights the lights could be on as late as 11:30pm.

Mr. MacCleery questioned the applicant if the previous site review application addressed the light trespass and sky glow issues.  The Zoning says that sky glow shall be addressed and he is concerned about the existing lights.

Ms. Walker asked the Board if that as a part of the approval, will it be stipulated that the track can only be used for electric karts.  It was noted that note #9 on the plans state that the use of electric karts is proposed for the project.

Previously it had been stated that the go-kart track would close an hour earlier than the golf course due to the anticipated noise level.  Now that the proposal has changed to electric karts, Mr. Breton has proposed that the track have the same operating hours as the golf course.

Ms. Walker asked the Board to limit the number of karts to be allowed on the track at any one time to 10 karts.  Mr. Breton explained that due to charging requirements, there would most likely be only 10 karts on the track at one time, but wished to not be restricted to this number.

Mr. MacKinnon asked about the maximum speed of the proposed electric karts, because how can the applicant say that there will be no noise from the track as there will be squealing of tires.  Mr. Breton stated that the maximum speed of the karts is approximately 18 mph.

Ms. Stevens asked about the proposed lighting along the walkway and the track.  It was stated that the proposed lighting for the walkway and track are shielded units mounted at a height of 16 feet and all are directed down and away from the property of the Stevens’.

Mr. Stevens continued to state that the expansion of the parking lot will increase his visibility of the site due to the steep grade from his home.  Mr. Brehm stated that there are no restrictions on the applicant from expanding the parking to the property line and that due to the topography the applicant has attempted to mitigate the visibility with the proposal of a retaining wall, earthen berm, fencing, vegetative screenage and buffering the parking lot to a minimum of 15 feet from the property line.

Chairman Jameson added that the Town’s engineer has reviewed the submitted data and stated that the proposed parking is sufficient for the proposed use.

Mr. MacCleery asked how tall the proposed trees were to be and if the applicant was amenable to increasing the height of the trees.  The applicant stated that the proposed tree height is 6 feet and that he is willing to look at the financial feasibility of planting taller trees.

Mr. Weir stated that traditionally the Board has granted conditional approvals to projects that are only awaiting state permits.  

Being no further discussion, a motion was made by Mr. Weir and seconded by Mr. Brehm to approve the application with precedent conditions being the provision of a DES Subsurface Permit, a DES Dredge and Fill Permit, a DES Alteration of Terrain Permit, and that a note be added to Sheet D3 that trees of at least 6 feet in height shall be planted in such a way as to offer maximum screenage.  Motion passes by a vote of 5:1

Public Hearing:  Robert Cavacco, Sr., Map 4 Lot 156-1
Abutters Present:  Joann Luikmil

Ms. Jennifer McCourt of McCourt Engineering and Mr. Robert Cavacco Sr. were present to speak on the merits of the application.

Ms. McCourt explained to the Board that she had received the final comments from CLD concerning the project and that all comments were addressed.  One of the comments requested information regarding the storing of hazardous materials on the site.  As part of the rules and regulations of the storage facility, it shall not be permitted to store any hazardous materials within the units.

Chief Vien brought forward the concern of the turning radius of the driveway leading down to the dwellings.  Ms. McCourt  showed that she had changed this radius to 37 feet as requested by Chief Vien.  Chief Vien also pointed out a typo on the plans concerning the size of one of the proposed structures.  It was noted that this will be corrected.

CLD had requested the applicant request a waiver from SiteRR 5:J I(c) regarding the encroachment of the wetland setback for the entrance to the site.  The applicant has added this waiver request to the plan set, and it was noted that the Site Review Regulations have not caught up with zoning changes in this aspect.

Mr. Brehm asked what design was proposed for the storage units, it was noted that no design details had been submitted as part of this application.  Ms. McCourt supplied the Board with the design of the storage units proposed to be used on the site.

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

Design Review:  Chester Briggs, Lot Line Adjustment, Map 9 Lots 63 & 75

Paul Zuzgo, Surveyor and Douglas Briggs were present to speak on the merits of the application.

Plans were presented and it was explained to the Board that the lot line adjustment was being done to afford for the availability of current use assessment on Map 9 Lot 75 and to align the boundaries with the existing stone walls.

Mr. Brehm asked if building setback lines were shown on the plan.  Mr. Zuzgo explained that the setbacks are notated in the notes section.

With further review it was determined that several items included in the checklist were not present on the plans, those items being;  the provision of existing buildings, existing water supply and septic, proposed water supply and septic, and the building setback line.

Mr. Zuzgo was directed to add the preceding items to the plan set, and being no further discussion, the Design Review shall be continued to a meeting of the Planning Board on July 10, 2008, at 7:00pm at the Grange Hall.

Design Review:  Chester Briggs, Subdivision, Map 9 Lot 63

Paul Zuzgo, Surveyor and Douglas Briggs were present to speak on the merits of the application.

Plans were presented and it was explained to the Board that the subdivision was being done to afford the creation of two building lots.  The first lot shall be of 14.3ac with 9.4ac of upland soils.  The second lot shall be on 16.8ac with 7.3ac of upland soils.  

Mr. Zuzgo was directed to provide for the proposed water supply and septic, the building setback lines, and the acreage of upland soils to be notated on the plan.  

Being no further discussion, the Design Review shall be continued to a meeting of the Planning Board on July 10, 2008, at 7:00pm at the Grange Hall.

Discussion: Mark Drew, Site Development, Map 4 Lot 167B

Mr. Mark Drew was not present at this meeting.  Ex-Officio MacCleery shall bring this information back to the Board of Selectmen.

Being no further business, a motion was made by Mr. MacCleery and seconded by Mr. Weir to adjourn the meeting at 10:20pm.  Motion passes by unanimous vote.

Respectfully submitted,

Jamie A Pike, Secretary                 Thomas Jameson, Chairman                Accepted as written.



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