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Planning Board Minutes 07/02/2015
Chichester Planning Board
Minutes of Meeting
Thursday, July 2, 2015

Members Present:  Chairman Kevin Mara, Vice-Chairman Tom Jameson, Ex-Officio Jeffrey Jordan, Stan Brehm, Thomas Houle, Allen Mayville, Richard Moore, Craig McIntosh (late arrival) and Jamie A Pike, Secretary.

Others Present:  Chris and Tina Drew, Jon Kalinoski, Jeffrey Green, LLS, Steven MacCleery, Sr., Robert Shaw, Emiko Conway, Ann Davis, John Conway, Brandon Giuda and others.

Chairman Mara called the meeting to order at 6:31pm.

The minutes of June 4, 2015 were reviewed.  A motion was made by Mr. Brehm and seconded by Mr. Jordan to approve the minutes noting that Mr. Jameson took chairmanship upon arrival.  Motion passes.

Waiver of Innovative Land Use Provision:  Map 4, Lot 167B, 9 Horse Corner Road

Mr. Jonathan Kalinoski was present to speak on the merits of the request:

1.      To seek relief from Article II Section 2.04(F); Commercial Village District; Subsection (VIII), to permit the development of a heavy machinery sales and service establishment where such is not explicitly permitted.
2.       To seek relief from Article II Section 2.04(f); Commercial Village District; Subsection (VI), Paragraph 12: to permit the construction of a building with a footprint of 7,500 sq/ft where a limit of 5,000 sq/ft is allowed.

Mr. Kalinoski presented in written form (attached), his arguments in favor of granting the waivers requested and explained to the audience members present, the general operations of the business.  

Mr. Moore reviewed the applications for each waiver request using the guidelines set by ordinance. Mr. Moore finds that there would not be a detriment to the general public safety, health or welfare as the proposed development is located off Route 4, the primary operations of the business occur within the building and the outside areas are used for storage only.  Regarding any variance to the intent of the master plan, the building shall be designed and the site shall be developed to create an attractive appearance conforming to the architectural design standards of the district. There would not be any substantial compromise to the goals of the Commercial Village District as the business promotes a mix of uses within the district and other standards of the district will be maintained in the design of the site.  The proposed use would be reasonable and appropriate due to the scale and size of the project because the overall impact of the development upon the district and surrounding properties would be consistent with existing uses.  Natural features of the property would be protected through mitigated surface runoff, energy efficient design and environmental sensitivity during the construction of the proposed development.

Waiver #1 USE-  A motion was made by Mr. Mayville and seconded by Mr. Jameson to grant the requested waiver based on the findings of the Board as previously stated.  Roll Call Vote: KM – Yes; TJ – Yes; JJ – Yes, SB – Yes; TH – Yes; AM – Yes; RM – Yes.  Motion passes.

The Board reviewed the criterion further, specifically to the second waiver request.  Mr. Brandon Giuda commented that he would prefer to see a full site design prior to the granting of the waiver whereas the site is abutting residential uses.  Mr. Kalinoski explained that his design goal of the site is to setback the building at least 100 feet from the frontage and the planting of shade trees to provide a buffer to the neighboring properties.

Waiver #2 SIZE– A motion was made by Mr. Mayville and seconded by Mr. Moore to grant the requested waiver conditioned that all other architectural design standards of the Commercial Village District are maintained. Roll Call Vote: KM – Yes; TJ – Yes; JJ – Yes, SB – Yes; TH – Yes; AM – Yes; RM – Yes.  Motion passes.

Site Review:  Golden Paw Dog Grooming, Map 4 Lot 31, 154 Dover Road
Chris and Tina Drew and Surveyor Jeff Greene were present to speak on the merits of the proposal.

The purpose of this application is to seek approval to convert the existing single family home into a mixed use (commercial/residential) facility to house a dog grooming business (Golden Paw Dog Grooming) and a single family residence.  The proposed business will be owner/occupant operated.

Mr. Moore reviewed the Site Plan checklist and the conformance of the application with the Town’s site review regulations.  The applicant requested a waiver to not require the detailed survey of the rear of the property as it has no bearing on the proposed development.   Finding no substantial deficiency, a motion was made by Mr. Jameson and seconded by Mr. Jordan to accept the application.  Motion passes.

Chairman Mara called the Public Hearing upon the application to order.
Abutters present:  John & Emiko Conway,

Ms. Conway asked if there have been any changes to the site plan since the original submission.  Mr. Greene explained that there has been included a depiction of the abutters frontage.  Ms. Conway explained that while Ed and Beverly Drew were alive, there was no dispute of the boundary.  Upon occupation by Chris and Tina Drew, there has been a dispute over the location of the boundary.  Ms. Conway further explained that the deed and plan references depicted on the plan are inaccurate and relate to another parcel owned/previously owned by the estates of Ed and Beverly Drew.  Mr. Greene explained that while there have been boundary issues that arose during the process of the survey, these have been finalized and accurately shown.  Mr. Greene stated that the deed and plan references he has depicted on the site plan are those that his research has been conducted upon, and Mr. Greene stands behind his certification that the information depicted is correct.    Ms. Conway further questioned the accuracy of the survey of the frontage of the property and asserts that the deed references are incorrect.  Dr. Mara explained to Ms. Conway that without contradictory certified evidence, the Board has not any choice but to accept what is presented to them by the applicant.  Dr. Mara asked if there were any other questions from the audience regarding the proposed development.  

Being no further questions from the audience a motion was made by Mr. Jordan and seconded by Mr. Brehm to approved the Site Plan conditioned that the applicant provide an updated or renewed driveway permit issued by the State of New Hampshire DOT for the new use.  Motion passes.

Conceptual Review: Subdivision, Map 8 Lot 34-3, Carpenter Road
Steven MacCleery Sr. and Surveyor Jeff Green were present to speak on the merits of the proposal.

The purpose of the application is to create a new lot of 2± acres with at least 200 feet of frontage along the northern portion of the property.  The Board reviewed the necessary steps required to bring forward the application for formal consideration.

Home Occupation: Map 3 Lot 98, 202 Canterbury Road

The Board reviewed the renewal application as submitted by Mr. Houle for the renewal of a Home Occupation Permit.  

A motion was made by Mr. Jameson and seconded by Mr.  Brehm to approve the Home Occupation renewal for Grateful Sleds.  Motion passes.

CNHRPC update – Mr. Brehm spoke with Director Mike Tardiff regarding the village district and workforce housing.  Mr. Brehm shall invite Mr. Tardiff to a meeting with the Board at the September meeting.  There was continued discussion regarding the Village District. Mr. Jameson spoke to the fact that in the past ten years, there has not been any proposals within the district for the intended use and design standards of the district and that the Board may possibly want to eliminate the district.  Dr.  Mara spoke against the abolishment of the district.  Mr. Houle feels the intent and plan of the district was a “pipe dream”.  Mr. Jameson stated that he want the Board to look at amending the uses of the district to better reflect the realities of the current economy and pre-existing uses within the district.  

Being no further discussion, a motion was made by Mr. Jameson and seconded by Mr. Houle to adjourn the meeting at 8:10pm.

Respectfully submitted,

Jamie A Pike

                                                Not approved until signed.

Kevin J Mara, DVM    

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