Chichester Planning Board
Minutes of Meeting
Thursday, March 3, 2016
Others Present: Matt Cole, Ann Davis, Richard Moore, Tom Jameson, Chairman Keven Mara DVM., Jeff Jordan, Tom Houle, Alan Mayville, Craig McIntosh, and Kristy McIntosh, Secretary.
Chairman Mara called the meeting to order at 6:30pm
Site Plan Review-William Young Properties-
Mr. Brehm stated that he had reviewed the plan and everything seemed to be in order. Mr. Young will be adding a small addition to the current building. Nothing has changed besides the addition.
Mr. Jameson asked about the setbacks. Mr. Brehm stated that they are not on this plan, however they are on his previous plan that he did review. The representative for William Young Properties stated that he would add the setbacks to the plan.
Mr. Jordan makes a motion to accept the application for site review for William Young Properties. Mr. Jameson seconds it. All in favor, Aye. Motion passes.
Mr. Brehm makes a motion and Mr. Jameson seconds the motion to approve the application for site review for William Young Properties. Motion passes.
Mr. Valley came to the Board for a conceptual to ask questions about a property he is looking to buy in Chichester. He currently has a business in another Town that he would like to move here since he now lives in Chichester. He wants to see if the Town would allow the property located at 313 Dover Rd. to continue use as a junkyard. The property is located next to Tractor Supply.
Mr. Moore asked if the property currently held a valid junkyard license. He wondered if this was a matter for the Zoning Board of Adjustments per RSA 336:115.
It was determined that there was not a current junkyard license, however there has been one issued at the property for many years up until approximately two years ago.
Mr. Valley asked if they would be willing to allow for this location to continue operating as a junkyard.
Mr. Jordan stated that this is an established business as a junkyard and not a change of use.
Mr. Mara stated that it was a junkyard recently, you can dismiss the Zoning Board of Adjustments. He would like to see Vicki O’Brian update her junkyard license and then see Mr. Vallee back for a site plan review for his business.
Mr Brehm talked about the conservation steepland. When it comes to the commercial zone, follow the setbacks and other regulations.
Reed Health, realtor for Vicki O’Brien asked if he was to operate his business where it says open space, can he operate his business on that part of the property.
Mr. Brehm stated that he can operate his business up to where it’s in the commercial zone.
Gary Anderson-164 Dover Rd. Car dealership conceptual-
Mr. Anderson would like to get a special exception in the commercial village for a car dealership.
Mr. Brehm stated that he would have to do the waivers.
The Planning Board is the one who would grant waivers for the commercial village. The waivers are located in the Chichester Zoning manual on page 18, number 13 in the book.
Mr. Jameson stated that there are lots questions and you would want to make sure you don't stray from the master plan of Chichester.
Mr. Houle stated that the whole idea of the Village Commercial district was not to have a bunch of dealerships.
Mr. Brehm stated that he looks across the street and sees Campers World and Concord Motor Sports, so if it looks as nice he wouldn't have a huge problem with it.
Mr. Mara stated that the Board would want to see what the building and landscaping would look like, The Board wouldn’t allow Mr. Anderson to level and tar the property.
Mr. Moore stated that the Commercial Village zoning was developed to have properties with architectural features, buffers and trees.
Mr. Anderson’s stated that he wanted to make the master bedroom of house be the office of the dealership for now, and down the road put up building and garage.
Mr. Jameson stated that he thought Mr. Anderson would have a hard time with all the waivers.
Mr. Anderson asked if he needed the owner’s signature. He currently has no mutually signed purchase and sales agreement
Mr. Mara stated that he would need permission from the owner.
Joe Austin/Web Stout-Fire pond approval plans, other-
Last month Kevin didn't have all the information required from the Town Attorney so he apologized, but he since talked to the attorney and received answers.
He asked the Town attorney about being vested. The initial site plan from 2004 that was approved is considered vested.
Mr. Mara also spoke with NHDES, and received two letters. The only concern from NHDES was that the ESMI soil could possibly leach into pond and they request that the “dirty dirt” be at least 75ft away from the pond.
Due to the change in location we will now need to do new abutters notices, have a public hearing, and new plans filed at Merrimack County Registry of Deeds.
Mr. Austin indicated that this needs to be done so he can file condo docs.
Mr Brehm asked how far away from the pond is the “dirty dirt”
Mr. Stout stated that it’s approximately 800ft away.
Mr. Mara stated that according to the Town attorney, Mr. Austin can make it a 55 and older condos.
Mr. Austin stated that he have no problem with that but he thought that it was federal law to have certain amount available for any age.
Mr. Mara stated that all permits are good, but some parts of road need to be regraded and paved. Some parts also need to be mowed.
Mr. Stout added that there used to be a dam and wetland permit to put in the fire pond but over the years he has built his own.
Mr. Brehm would like to see a note added to the plan saying that the “dirty dirt” exceeds the 75ft buffer from the fire pond.
Mr. Austin stated that he took everyone around the whole property from NHDES.
Mr. Stout stated that they are making an application to come before this board to get the new pond approved. He will also put a note on the plan that this plan supersedes the old one.
Mr. Brehm asked about having the town engineer to supervise this plan. He thinks the engineer should revisit it and make sure it meets proper specs.
Mr. Stout stated that he will get the site plan amendment application in to the office so the abutter’s notices and a legal notice can be done.
Mr. Moore asked what exactly the scope of this application was.
Mr. Stout stated that it would be strictly the movement of the fire pond,
Mr. Austin stated that the attorney is waiting for the condo documents, is it possible to have this signed next month?
Mr. Mara stated if it was approved it can be signed that night.
Mr. McIntosh stated that he was under impression that permits expire. He noted that nothing happened in 7-8 years, how can they still valid.
Mr. Mara stated that the project is still viable and he is vested.
Mr. Brehm stated that the engineer has to approve the as-built.
Mr. Austin stated he just wanted this approval so he can get the condo docs.
Mr. Mara stated that we may want to have an engineer look at this first.
Bob Bates and Patricia J. Luoma, Hutchinson Rd.-
Mr. Bates and Mrs. Luoma came in last meeting to talk about a property on Hutchinson Rd. They would like to know if it’s going to be grandfathered as a lot of record.
Mr. Stout is also here to speak with them about this matter.
Mrs. Luoma stated that she and her brother want to sell the property and we want to be clear.
Mr. Mara stated that he felt this was made to be a buildable existing lot of record.
Mr. Stout stated that the plan reflects a surveyed lot line adjustment back in 1978 which was then transferred to John and Edith Bates. This created new lots.
Mr. Bates and Mrs. Luoma recently inherited the estate from their late mother Mrs. Edith Bates.
The Planning Board took a vote as to whether or not they felt it was an existing lot of record. All in favor, Aye. Opposed, none.
It was the agreement of the Board that the property on Hutchinson Rd, owned by Mr. Bates and Mrs. Luoma are an existing lot of record.
Mr. Bates asked Mr. Cole about the letter of requirements needed to make his accessory dwelling legal.
Ms. McIntosh indicated that she had mailed the letter out.
K+B Crushing, LLC.-
Ms. McIntosh stated that she had received a letter form D.O.T. inquiring about K+B Crushing. K+B Crushing Equipment, LLC located at 200 Suncook Valley Rd would like to become an inspection station with the State of NH.
The Board did not know about the business being opened or the new structure they put up recently. They Board is questioning whether or not it’s a change of use.
The Board requested that Ms. McIntosh send K+B Crushing Equipment, LLC a letter to make an appointment with the Planning Board and hold on to the paperwork from the D.O.T. until the Board reviews this further.
Ms. McIntosh stated that she had just met with CNHRPC to review the survey. They did offer some suggestions about trimming down some questions but nothing else major.
Mr. Houle also added that they mentioned putting in side notes to help explain things.
Ms. McIntosh stated that all the changes would need to made tonight so the survey could be approved and flyers could be sent to the Suncook Valley Sun to be in next week’s paper.
The Survey was approved as is and the due date will be April 15, 2016.
Adjournment-Being no further discussion, a motion was made by Mr. Moore and seconded by Mr. Mayville to adjourn the meeting at 7:38 pm.
Not approved until signed.
Chairman Dr. Kevin Mara