Chichester Planning Board
Minutes of Meeting
Thursday, January 7 2016
Members Present: Ex-Officio Jeffrey Jordan, Kevin Mara, Tom Jameson, Stan Brehm, Thomas Houle, Allen Mayville, Richard Moore, Matt Cole, Ann Davis and Kristy McIntosh, Secretary.
Others Present: Richard DeBold, Doug Hall, Chief Quimby, Donna Chagnon, Fred Chagnon, Carolee Davison, Stephen McCleery, Joe Austin, Lucille Noel, Mr. & Mrs. Rauter, John & Emmie Conway, Doug Fisher, Ben Kubat, Paul Twomey, and other members of the public.
Chairman Mara called the meeting to order at 6:30pm.
Subdivision of 376 Dover Rd. Shirley Waters Estate-
Meridan came to offer slightly different plans than they submitted previously for a sub division of Dover Rd. It is a 27 acre lot and they are sub dividing off 7 acres with the house on it. Mr. Moore had questions right away whether or not both lots were buildable. Mr. Moore stated that he thought more information would be needed.
Going through the checklist, number 13 was not completed. The Planning Board needs a buildable survey showing a conforming lot.
Mr. Mara stated that the application on the subdivision was not complete. A vote was made to table the project for the January 21, 2016 meeting.
Site Plan Review-
376 Dover Rd. Mr. Corey Fitz is proposing a site plan for his business, Over the Top Shelters. He would like to have a 4x8 sign on Dover Rd. Mr. Mara explained that he needed to add sign to the site plan.
Rt. 4 will be the main entrance for the business and will be a one way.
After going through the checklist the Planning Board stated that number 13 was incomplete and they needed first floor elevation and relate to the contours on plan. #14 was also incomplete. They also need distance to boundary lines. He also needs to show wetland buffer to the ponds and streams.
Parking will be upper tar and lower crushed stone. Mr. Mara stated that they needed the number of spaces and for it to be shown on plan.
The board stated that a wetland stamp was needed.
Abutters showed concern reguarding whether the culvert is strong enough to support the traffic.
A Petition by citizen is being heard for a lighting amendment.
Attorney Paul Twomey spoke about legal points he wanted to make. He mentioned flags can be flown anywhere and that they can also be taken down at night and folded. He also felt that the wording needed to be cleaned up before it hit the ballot. He stated that US Supreme Court ruled that zoning cannot be based on content. You can't treat flags differently. He also stated that he spoke with Attorney Branden Giuda. Mr. Giuda felt that it favors certain types of speech and under our current amendment it cannot be lit.
Mr. DeBold stated that the Planning Board has to vote if they support it and it has to go on the ballot as its written now. He recommended the Town speak to the Attorney and ask if the petitioner were proposing something unconstitutional, would we be able to change wording?
Linda Rauter spoke about how the flag is stunning, but too large. She feels Campers World went about putting it up in a sneaky way without checking with the town. She feels they should consider a smaller flag and take it in at night.
Mr. Mara feels they should have applied for a site plan review.
Doug , the general manager for Camping World, spoke about how he has been with the company for 12 years and how proud he is to be a part of the community. The CEO has pride in our country. The Flag is based and implemented in many locations. He wanted to make it clear that it was no way meant to be sneaky or stick it to the Town. He feels there is a way to resolve this and is committed to doing so. He stated the flag is on private property and the size of the flag is their choice. He stated the Town office was contacted and they were told there were no permits for flag poles. He wants to work this out with the Town.
Mr. Mara stated the Town does not allow up lighting, it must be down lit.
Doug Hall stated that no up lighting applies to all businesses. He asks that the discussion be about lighting and not the Flag. He feels the flag should be taken down at night. Mr. Hall also distributed a letter written by himself strongly urging people to vote against supporting the proposed amendment.
Ben Kubat spoke about how proud he was of the flag and about all the attention the Flag has received on social media.
Mr. Mara stated as of 1/1/16 an ordinance is in place that everyone needs to be compliant with. If everyone was compliant, the sky glow would be much less visible.
Mr. Rauter spoke about his experiences with Camping World. He loves them and has done business with them. With that said, he doesnít want to see route 4 look like a sea of lights from afar. He wonders if a light on the Flag would cause interference with the Concord airport.
Mr. Hall stated that the light ordinance needs to be enforced. Hess changed out their lighting and is in full compliance. Weathervane also redirected light in the parking lot. Tractor supply also complied. Campers World is still not in compliance as of now. He intends to file a formal complaint with the Board of Selectmen.
A resident pointed out that even the Town Hall flag was not lit.
Ruth a resident that lives across the street from Chichester Commons complained about the lighting situation she has to look at. She stated if they are allowed to have their lights on then the Flag should be lit also.
Mr. DeBold told the resident that she can make a formal complaint and would be investigated.
Mr. Jameson read an excerpt from the Mater Plan and stated it goes against our current Master Plan under #3 restrict further lighting. He also stated the attorney suggest a site plan review for safety reasons.
Doug Fisher stated that Flag pole is no more an issue than the tall pine tree across the street.
Mr. Mara made a motion to vote to see if the Planning Board is in support of the petition for the lighting amendment. Mr. Jordan seconds. Roll call vote. Mara, no. Jameson, no. Moore, no. Brehm, no. Mayville, yes. Jordan, yes. Houle, yes. 4-3 vote. The Planning Board does not recommend the petition.
Mr DeBold wanted it on record that the Town Hall flag is not directly lit but it does have a soft glow from the parking light.
Web Stout/Joe Austin conceptual meeting-moving of the fire pond
Mr. Stout stated that permits were approved for a fire pond but Mr. Austin already has a private pond and would like to make his private pond the fire pond.
Mr. Cole said he would like to see a 30,000 gallon fire pond.
Mr. Brehm wondered if the density equation would be affected.
Mr. Austin stated that the Town attorney said his permits were in good standing and they are good until late 2016.
Mr. Mayville asked chief Quimby is the pond was suitable.
Chief Quimby stated it was and that he was working with Mr. Austin to make it work.
Mr. Mara asked if the permits were still valid since it was upwards of 12 years ago.
Mr. Jameson asked if permit was still valid since he was adding a road.
Mr. Cole asked the length of the access road.
Mr. Stout said it was 800ft.
Mr. Cole stated he wanted a push system from truck to pond.
Mr. Houle asked about the contaminated soil that was dumped on the property.
Mr. Austin stated it was dirty dirt and it was Okíd by the state.
Mr. Mara stated that we need out attorneys input. He also said that Gretchel Drive needs to be added to the plan.
Next meeting will be on Thursday January 21, 2016 for tabled matters and the Master Plan workshop.
Being no further discussion, a motion was made by Mr. Brehm and seconded by Mr. Jordan to adjourn the meeting at 9:03pm.
Not approved until signed.