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Planning Board Minutes 06/04/2009
Chichester Planning Board
Minutes of Meeting
June 4, 2009

Members present:  Tom Jameson, Richard DeBold, Stan Brehm, Richard Moore. Kevin Mara and Jamie Pike, Secretary.

Chairman Jameson opened the meeting at 6:40pm.

The minutes of the May 7th meeting were reviewed and a motion was made to approve the minutes as written by Mr. DeBold and seconded by Mr. Brehm.  Motion passes.

The Scope of Work regarding the impact fee was reviewed and amended to include language that an amended schedule be submitted as part of the final report.

The Board discussed an e-mail sent to the Town Hall by one of the members.  It was made clear that if member wishes to act a Board Member that such action should be discussed with the Board as a whole.  Such does not preclude a member acting as an individual on their personal accord.

Joseph Austin, Site Development, Map 3 Lot 68B

Mr. Austin presented the Board with two conceptual plans for the development of his property located on Route 4.  The first proposal was for an apartment building complex with a total of 9 structures containing 34 units.  Each unit was to be comprised of 2 bedrooms, with kitchen and sanitation facilities.  The second proposal was for an assisted living facility consisting of 5 structures containing a total of 68 units.  Each unit was to be comprised of 1 bedroom with kitchen and sanitation facilities.

The question before the Board this evening was a determination of how the Growth Management Ordinance would apply to either of these proposals.  Mr. Austin stated that he feels each of the proposals constitutes a commercial use of the property.

There was much discussion about this concern with some members stating that the GMO would apply to the development and others unsure as multi-family development is encouraged within the zone but appears prohibited by the GMO.  The Board referred to the Minutes of August 7, 2008 when a similar question was referred to Town Counsel.  It was determined that Town Counsel opinion was unclear.  Mr. Pike was directed to further question Town Counsel on the application of the GMO in relation to the proposed assisted living facility and how it would apply to apartment buildings.

Doug Hall, Lot Line Adjustment, Map 4 Lots 60 & 63

Mr. Hall presented the Board with conceptual plans for the realignment of the existing property line between his two lots on Lane Road.  Presented were aerial photographs, hand drawn maps, and an original survey of the property from the early 20th century.  The Board was generally in favor of the proposal and directed Mr. Hall to follow thru with the subdivision process.

J. Brandon Guida, Noise Ordinance

Mr. Guida was present this evening to discuss the noise ordinance that was adopted in March of the current year.  Mr. Guida stated that approximately 40 years ago there was no ambient human caused noise within the community.  Today ambient noise consists of area highways, businesses, and industrial development.   Mr. Guida feels that the noise ordinance was not designed to protect the residential areas of the town.  Near his home, a large industrial water pump has been installed as a part of an irrigation system for a nearby business.  This pump creates a substantial amount of ambient noise.  Mr. Guida is asking the Board to modify the ordinance to include all commercial uses in all zones.  Mr. Guida volunteered his efforts to be a part of a advisory committee to work on any amendment to the ordinance.   Chairman Jameson recommended that such a sub-committee be formed to not look at only the noise ordinance but all zoning ordinances.

James Kersch, Healthy Buffalo, Site Development, Map 3 Lot 29-1

Mr. Kersch was present this to propose an expanded use of his business to include the preparation and sale of prepared foods either at a lunch counter within the store or out of a catering truck.  There is proposed to be minimal if any seating available for customer use and be primarily a take-out type business.  
The Board informed Mr. Kersch that such proposal would be considered a change in use and substantial expansion and would require site review by the Board.


The following minutes were prepared by Vice-Chairman Richard Moore.  Secretary Jamie Pike was the representing party for the following discussion.

Jamie Pike, Subdivision, Map 7 Lot 21

Jamie Pike presented preliminary plans to the planning board for discussion.  Mr. Pikes plans are to extend approximately 600 feet of class 6 Durgin Road and subdivide his approximately 26 acres into 3 ñ 4 building lots.  The Chichester subdivision regulations indicate that a 50 foot ROW for subdivision roads, Mr. Pike asked if a 25 foot wide ROW would be acceptable since the existing Durgin Rd is a 25 ft ROW.    The board deferred the discussion of Class 6 road to the Selectmen per RSA, after the Selectmen decide the Class 6 issue and any associated items the Planning Board will review the updated plans.  Mr. Pike also asked if the Chichester Subdivision Regulations associated with topographic details could be met by overlaying existing USGS data onto his plans as suggested by his engineering and survey consultants instead of surveying for new topographic data.  The Planning Board was receptive to using USGS overlay data.

Other Business

The Board discussed the holding of a meeting on July 2nd due to the holiday.  Those members confirming availability for the meeting were Mr. DeBold, Mr. Moore, Mr. Brehm and Dr. Mara.  

Being no further business a motion to adjourn the meeting at 9:50pm was made by Mr. Brehm and seconded by Dr. Mara.  Motion passes.

Respectfully submitted,



Jamie A Pike, Secretary


Approved as amended.

Thomas Jameson, Chairman


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