Chichester Planning Board
Minutes of Meeting
Thursday July 7, 2016
Co-Chairman Stan Brehm, Jeff Jordan, Richard Moore, Tom Houle, Ann Davis, Craig McIntosh, Michael Williams and Kristy Barnouski, Secretary.
Others present: Joe Austin, Troy & Chris Houghton and Tom Jameson.
Co-Chairman Brehm called the meeting to order at 6:30pm
Troy and Chris Houghton-Conceptual meeting-
The Houghton’s are proposing a used car dealership, Jonah Auto, located at 320 Dover Rd. They were unsure of the process and whether or not it would be considered a change of use and require a Site Plan Review. They are planning on renting multiple bays in the plaza for different functions of the dealership.
Mr. Brehm asked if they were planning to pave the lot and mentioned there were a lot of cars in disrepair in the lot now.
Mr. Houghton stated they planned on cleaning up the lot and paving in the future.
Mr. Houghton stated that he planned on having a dealership down the road do repairs for his dealership temporarily and applying for his inspection license in the near future so he can sell and service his own vehicles.
Mr. McIntosh asked how he would transport cars from the auction to his location on Dover Rd.
Mr. Houghton stated he may use a small trailer or a tractor trailer depending on the number of vehicles purchased.
Mr. McIntosh stated that he was concerned about tractor trailers pulling out of that location with the traffic.
Mr. Houghton stated that he could make it a requirement for his drivers to only turn right out of the plaza so they wouldn’t be crossing lanes on Route 4.
Mr. Houghton provided some old site plans to show the Board his plans for his business utilizing the building. He stated that ninety percent of the parking lot is already paved.
The building and bays have been used for many things including an auto body shop, consignment shop and personal garage.
Mr. Brehm stated that since they are not adding anything to the building and it has been used as an auto sales/repair shop before so it’s not anything new to the location so he did not see it as a change in impact.
Mr. Moore stated that Mr. Houghton may want to talk to District 5 to update his driveway permit due to the increase in traffic and to make sure they are comfortable.
Mr. Jordan made a motion and Ms. Davis seconds that the Planning Board is comfortable with Mr. and Mrs. Houghton putting a used car dealership at 320 Dover Rd, in the Lugg Plaza. Motion passes.
Joe Austin-Condo documents
Mr. Austin stated that his attorney came across some typos in the previous drafted condo documents and he needed clarification on a few items so the new ones could be filed properly.
One of the typos is that it states in the document that it’s a “56 and older” community which is clearly a typo and was meant to be 55 and older.
The consensus of the Board was that it was a typo and agreed it was meant to be 55 and older.
The other error in the documents is that there are conflicting statements in the documents regarding whether both spouses or partners had to be 55 or older or just one person.
The past minutes for 2004-05 do not reflect a decision other than it was meant to be a 55 and older community.
Mr. Austin went to all of the previous Board members’ homes who are still living and asked them for their recollection of the approval and what which version was meant to be approved.
Mr. Brehm wanted it on the record that Mr. Austin did show up at his private residence the morning of the meeting. Mr. Brehm stated that he listened to Mr. Austin but made no comments and explained to Mr. Austin that it was totally inappropriate to show up at his home to discuss Town business.
Mr. Austin wanted to introduce these signed statements of recollection into the file which indicate that only one person had to be fifty five years of age or older. In the event that the older person passed away, they would have to remarry someone older or sell the condo and move out of the community.
Mr. Brehm stated that everyone had copies of minutes from September 2, 2004 in which it states “the Attorney General’s office is responsible for the contract of the association and to see that the project is finished. This will be listed as a fifty five and older development but there is a clause that states a smaller percentage needs to be available to other ages”.
Mr. Brehm stated that at the time Chichester did not have cluster zoning which Chichester has now adopted. At the time, the computation that was used to develop the number of homes appropriate for the acreage available was very similar.
In Chichester’s current zoning open space conservation of development, the definition of elderly housing is: dwelling units that are owned and occupied solely by persons at least fifty five years of age.
Mr. Brehm stated that the Town attorney suggested he review the condo documents that were previously submitted. In doing so he found that they state “The White Birches of Chichester will include seventeen individual residential, fifty five and older condominiums, located on 13.53 acres on submitted land located in Chichester NH”.
Mr. Brehm went on to read several more pages of the condo documents including the “elderly housing covenants”.
Mr. Brehm stated that it refers quite often to all parties being fifty five or older, and the only time the ninety percent comes in to play is if a foreclosure happens.
Mr. Brehm stated that it was the Town attorney’s suggestion that it be worded ninety percent of the units being exclusively occupied by individuals all of whom are ages fifty five and older, which clarifies the intent of the development.
Mr. Austin stated that he has no problem with both partners being fifty five or older and would rather have that scenario.
Mr. Jordan made a motion that the White Birches of Chichester Condominium Association be ninety percent of the units exclusively occupied by individuals all of whom are ages fifty five and older. Ms. Davis seconds the motion. Motion passes.
J&T Wood Grinding-
Mr. Kalinowski did not show up for his scheduled meeting however Mr. Brehm stated that he did have some concerns about the plan. Originally, Chairman Mara had signed the site plan but after review by the Fire Department it was decided that a pond needed to be placed on site for fire suppression. Mr. Brehm wanted to be sure that the revised plan was signed and on file.
Mrs. Barnouski stated that she did have a plan in the office with the fire pond but it needed to be signed.
Mrs. Barnouski stated that Mr. Kalinowski asked to be placed on the agenda tonight because he didn’t feel it was necessary to put in the pond at his location.
Chief Quimby and Deputy Chief Cole were both on an emergency call and not able to attend the meeting. Mrs. Barnouski stated that she was advised by them both that either the fire pond previously agreed upon or the cistern with a sprinkler system needed to be installed per the code due to the square footage of the building.
Mr. Brehm stated that he did not see this was a Planning Board issue and that the Building Inspector and Fire Department has to enforce the code.
Mr. McIntosh didn’t feel that an empty building only filled with machinery needed to be enforced so strongly.
Mr. Brehm stated that it is state code that has to be followed.
Mr. Moore stated that he does see the code reading clearly that they need to have the fire suppression system. He also stated if they choose to appeal it, the RSA states that the Zoning Board of Adjustments shall act the appeals Board.
CNHRPC proposed contract-
Discussion was had about the need of the Central NH Regional Planning Commission and the need for their help with the Master Plan. The Board discussed whether or not there was a need for help with a transportation chapter which was mentioned in the proposed contract.
Mr. Williams felt strongly that spending the money that is already scarce on vision statement was not wise and that a smaller Master Plan Committee would be able to work on and make progress on the Master Plan.
The Planning Board decided not to sign the proposed contract at this time from CNHRPC and work on the Master Plan as a Committee until further notice.
The next Master Plan Committee meeting will be held on July 21, 2016 at 6pm. The Master Plan Committee will consist of Tom Houle, Ann Davis and Michael Williams as official members.
Adjournment-Being no further discussion, a motion was made by Mr. Brehm and seconded by Ms. Davis to adjourn the meeting at 8:40pm.
Not approved until signed.
Co-Chairman Stan Brehm