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Planning Board Minutes 02/04/2016
Chichester Planning Board
Minutes of Meeting
Thursday, February 4, 2016

Members Present: Chairman Kevin Mara, Ex-Officio Jeffrey Jordan, Tom Jameson, Stan Brehm, Thomas Houle, Allen Mayville, Richard Moore, Ann Davis, Craig McIntosh and Kristy McIntosh, Secretary.

Others Present: Joseph Wichert, Joe Austin, Harold & Kristen Losey, Richard DeBold, Michelle Haftmen, and other members of the public.
Chairman Mara called the meeting to order at 6:30 pm.

Application for Subdivision- 45 & 71 Hillard Rd. Mr. & Mrs. Lavertu-

The Board went through the Subdivision application checklist. Mr. Mara asked if there were any questions pertaining to the subdivision.  

Mr. Jameson asked what the width of the road is.

Mr. Wichert stated it is 50 ft. and the frontage is 201 ft.

Mr. Brehm stated that it’s in the residential zone, and part of is wetland. He asked Mr. Wichert if he could say that at least 1.8 acres is buildable lot and if the test pit data is noted.

Mr. Wichert answered yes to both and stated the test pit was noted with approval number. He will show on another plan that the lot is buildable.   

Mr. Brehm made a motion to accept the application for subdivision contingent on the new parcel being documented with 90% buildable soil.

Mr. Jordan seconded the motion.

All in favor, Aye.  Motion passes.

Mr. Mayville makes a motion to approve the application for subdivision contingent to the new parcel being documented with 90% buildable soil which is at least 1.8 acres.  

Mr. Houle seconded the motion.  All in favor, Aye. Motion passes.  

Harold and Kristen Losey Conceptual for Map 6, Lot 35 addition/renovations-

Mr. Losey stated that he wanted to expand a home he just purchased on 249 Bear Hill Rd located in the Rural/Agricultural zone.  His intention is to make dramatic changes and add handicap accessible for his elderly parents. The foundation has large cracks and the septic pumps fluid up to a higher level.  He wants to increase the size of the home but will stay inside the setbacks.  They would like to deconstruct or demolish property and build a new house.  

Mr. Jameson asked that they determine if there are wetlands.  They answered negative.

Mr. Jordan stated that it is a lot of record.  

Mr. Moore stated that the next step would be a building permit and that they should contact environmental services.  

Web Stout/Joe Austin. Conceptual. Permits & fire pond-

Mr. Austin presented a letter from DES requiring the road be paved by summer of 2016.

Mr. Houle provided a letter and aske Ms. McIntosh to read it.  Ms. McIntosh read the letter in its entirety from ESMI.  The letter in surmise was that ESMI had Mr. Austin sign a re-use agreement that was violated and they could no longer deliver soil to the property because it was residential.  

Mr. Austin presented a letter from DES stated that as long as he put fabric on top of the soil and covered it was ok to use.

The Board questioned whether or not the subdivision and all the permits were still valid.  They also need to discuss whether or not moving the fire pond changes the subdivision.

Mr. McIntosh asked if there has been enough work completed or has the permits expired and if it is vested.  

Mr. Stout stated that the plan was approved in 2005.  

Mr. Jameson asked about whether or not kids are allowed to reside on the property.

Mr. Austin stated that yes, the attorney gave him a document that said a certain percentage can be any

Mr. Jameson stated that he sat through all presentations and he didn’t recall children residing there being talked about.  

Mr. Austin stated that Federal Law states 10% of the condos available need to be available for younger people with children.

Mr. Brehm looks like the dirt situation is all set.  He read the letter out loud from DES and stated that it looked like this was taken care of in 2006.

Mr. McIntosh stated that he had been to numerous town meetings where it was stated that the Town didn’t want the property due to this “dirty dirt”.   He thinks it should be retested.

Mr. Houle stated that Mr. Austin is playing both sides down the line.  

Mr. Mara will contact Kevin Wheeler to get more information.  

The pond is already in its new place.  A copy will be made and will be filed with the Merrimack County Registry of Deeds.  

Mr. Brehm stated that the road needs to be paved this summer.

Mr. Mara asked Mr. Jordan and Mr. DeBold if they were worried as Board of Selectmen that this property was uninhabitable?  

Mr. DeBold stated that he was worried that the Town would not be able to sell the property if it was deeded in a tax sale.  

Bob Bates and Patricia J. Luoma-Hutchinson Rd.-

Mr. Bates stated that he and his sister were listing the properties on Hutchinson. One is a home and one is a lot that does not meet the road frontage to be a buildable lot.  He wants to know from the Board if it would be grandfathered since the subdivision was done so long ago.  He wonders if it’s a lot of record.  

The Board advised Mr. Bates that if it was subdivided before 1963 it would be grandfathered, if it was after he would need to see the ZBA.

Mr. Bates also questioned the in-law apartment being a legal accessory dwelling.  

The Board suggested he contact Avitar to be re-accessed and also to see Matt Cole, Assistant Building Inspector to schedule an inspection of the accessory dwelling.  

Business Meeting-

Mr. Brehm makes a motion to accept the meeting minutes from January 7 & 21, 2016.

Mr. Jordan seconds the motion. All in favor, Aye. Motion passes.

Mr. Brehm asked if we could apply for the grant that was found and listed in NH Town and City and possibly piggy back and use the grant writer.  

Mr. DeBold stated that he hopes that the Planning Board members speak up at Town meeting in support of the warrant article.  

Master Plan Survey-

Mr. Moore read from the NH Planning and Land Use Regulation book on page 369.   He pointed out that we need to touch upon three things.  Population, economic capacity and future land use.  He would like to send the survey to CNHRPC for review.  Mr. Moore would also see the zoning types brought up towards the front of the survey.  

Mr. DeBold asked whether or not taxes should even be brought into the Master Plan.  

Mr. Houle stated that he thinks the opposite.  He thinks you need to look at the taxes and the whole picture.  Fire and Police have doubled.  

Mr. Brehm stated that we need adequate Fire and Police if you want people to come to town.  

Ms. McIntosh will send out a draft of the survey for review.  

Next meeting will be February 18th, 2016 to approve the survey.  

Adjournment-Being no further discussion, a motion was made by Mr. Brehm and seconded by Mr. Jordan to adjourn the meeting at 9:09 pm.

Respectfully submitted,

Kristy McIntosh

                                                Not approved until signed.

Chairman Kevin Mara D.V.M.

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