Chichester Planning Board
Minutes of Meeting
July 10, 2008
Members present: Chairman Thomas Jameson, Vice-Chairman Chris Weir, Ex-Officio Richard DeBold, Stan Brehm, Joanna McIntosh, Richard Arell, David Kenneally, Richard Moore (Alt.) and Secretary Jamie Pike
Chairman Jameson called the meeting to order at 6:36pm.
Concerning the approval extension request from Mr. J Brandon Giuda and Town Counsel opinion there was much discussion of whether such extension should be granted and what is in the best interest of the Town. Mr. Weir stated that although over a year has been spend on this approval, it should be noted that in previous cases where the approval had lapsed, the applicant was required to start the application process anew. The question also arose concerning the assessment of Impact Fees if the application were started anew and which zoning ordinances would need to be followed in such a situation if the approval were considered lapsed. Reading Town Counsel opinion, Mr. Jameson noted that the Town would be within its right to consider the approval lapsed, but would be better served to allow the applicant ample
opportunity to request an extension.
The minutes of June 5, 2008 were reviewed. Being no corrections, a motion was made to accept the minutes as written by Mr. Brehm and seconded by Mr. Kenneally. Motion passes.
Design Review – Chester Briggs- Lot Line Adjustment – Map 9 Lots 63 & 75
Mr. Paul Zuzgo, surveyor and Mr. Douglas Briggs were present to speak on the merits of the application.
Mr. Zuzgo presented the Board with amended plans for the lot line adjustment with those corrections required by the Board at the meeting on June 5, 2008.
After reviewing the plans, a motion was made to accept the application by Mr. Weir and seconded by Ms. McIntosh. Motion passes.
Public Hearing – Chester Briggs – Lot Line Adjustment – Map 9 Lots 63 & 75
Mr. Paul Zuzgo, surveyor and Mr. Douglas Briggs were present to speak on the merits of the application.
There were no abutters present.
Being no further discussion on the application, a motion was made to approve the application for Lot Line Adjustment of Map 9 Lots 63 & 75 as presented by Mr. Weir and seconded by Mr. Brehm. Motion passes.
Design Review – Chester Briggs – Subdivision – Map 9 lot 63
Mr. Paul Zuzgo, surveyor and Mr. Douglas Briggs were present to speak on the merits of the application.
Mr. Zuzgo presented the Board with amended plans for the subdivision with those corrections required by the Board at the meeting on June 5, 2008.
After reviewing the plans a motion was made to accept the application by Mr. Kenneally and seconded by Mr. DeBold. Motion passes.
Public Hearing – Chester Briggs – Subdivision – Map 9 Lot 63
Mr. Paul Zuzgo, surveyor and Mr. Douglas Briggs were present to speak on the merits of the application.
There were no abutters present.
Being no further discussion on the application, a motion was made to approve the application for Subdivision of Map 9 Lot 63 as presented by Mr. Kenneally and seconded by Mr. Weir. Motion passes.
Discussion – Mark Drew – Site Development – Map 4 Lot 167B
Pursuant to RSA 673:14, Mr. Weir recused himself from the Board for the purposes of participating in any deliberation on this proposal.
Pursuant to RSA 673:11, Mr. Moore was designated to act in the absence of Mr. Weir.
Mr. Jameson explained the procedures required to operate a new business in Town to Mr. Drew. It was explained that there is an application and guideline to follow. Mr. Drew stated that he has not yet begun the process and has appeared before the Board at the direction of the Selectmen. Mr. Jameson stated to Mr. Drew that he needs to move forward with the process to avoid a “Cease and Desist” order from the Selectmen.
Mr. DeBold stated that it appears that Mr. Drew is operating a business on his property and that any new business, or change in use of the property requires Site Review and approval by the Planning Board. The Board of Selectmen sent an initial letter, delivered by Jeff Jordan, and a follow-up letter was hand delivered during a Selectmen’s meeting on June 7th requesting that he appear before the Planning Board. This letter stated that it is of the opinion of the Selectmen that Mr. Drew is in violation of the zoning ordinances and directed Mr. Drew to contact the Planning Board Secretary to make appointment to appear before the Planning Board.
Mr. Drew requested to know why Mr. Weir recused himself from the Board. Mr. Weir stated it was for personal reasons and Mr. Jameson informed Mr. Drew stated that he does not have the right to that personal information.
Mr. Drew asked if he was to remove the sign and take the cash register from the property, would he have to continue through the process of a Site Review. Mr. Jameson informed Mr. Drew that if he wishes to continue to operate a business, he would be required to go through the Site Review process.
Mr. DeBold stated that if Mr. Drew were to cease the operation of his business, it is of his opinion that Mr. Drew would no longer be violating the zoning ordinance.
Mr. Drew stated that last summer he leased the property to Weaver Brothers Construction and they were storing and selling the product to the State of NH. Were they in violation of the zoning? Mr. Jameson noted that this is not the reason for this discussion and that any enforcement questions would have to be directed to the Selectmen.
Mr. Drew acknowledged that he understood the Site Review process and that if he has to add a septic system and provide water supply on the property it would not be conducive of the business to do this. It was noted that Mr. Drew had heard that the use of porta-potties was not allowed and he feels these are suitable for this use of the property and that if the Board is not going to use “common sense” he will not return to the Board. Mr. DeBold noted that since this business is seasonal, the use of porta-potties may be appropriate. Mr. Kenneally stated that Zoning Ordinance II:6(e)v. requires adequate on-site sewage disposal approved by NHDES.
Mr. Drew stated that he currently has one employee besides himself working on Fridays and Saturdays.
Mr. Jameson directed Mr. Drew to prepare a site plan and application and submit them to the Secretary if he wishes to move forward. Mr. Drew stated that he is willing to work with the Board and that he will weigh his 2 options of either ceasing the operation or moving forward with the Site Review process and decide what to do. Mr. Moore mentioned that it may behoove Mr. Drew to contact NHDES concerning any required septic.
Mr. Drew stated that he has a good track record of developing property and doing it right.
Discussion – J Brandon Giuda – Approval Extension
Mr. Giuda had previously presented the Board with a letter requesting a 90-day extension on the conditional approvals for Mr. Merrill’s and his subdivisions. Mr. Giuda appeared to speak on the merits of this request.
Mr. Giuda stated his frustration with the Board for not having called the applicants prior to seeking Town Counsel opinion and direction on the lapsed approval. Mr. Giuda submitted to the Board those permits which had been granted to include:
Alteration of Terrain Permit WPS-8041
Wetlands and Non-Site Specific Permit 2007-01630
NH Programmatic General Permit NAE-2007-461
Mr. Giuda stated that he feels the requested additional 90-days will be sufficient to acquire and submit to the Board those remaining items pursuant to the Conditional Approvals.
A motion was made to grant a 90-day extension to the Conditional Approval as granted on November 1, 2007 by Mr. Brehm and seconded by Ms. McIntosh. Motion passes.
Discussion – Joseph Austin – Site Development – Map 3 Lot 68B
Mr. Austin explained to the Board that the “55 and over” housing market is diminishing and may make his current approval not worthy of further pursuit. Mr. Austin has been speaking to a developer about the construction of an assisted-living facility. Such a facility would be encompassed in a single structure with 34 individual units and common areas. There was much discussion amongst the Board of whether such a facility would be treated as a commercial entity or a multi-family entity for processing. Town Counsel opinion shall be sought to determine the appropriate course of action.
Mr. Austin also brought up for discussion that he intends to submit an Application for Subdivision to separate out the front 2 acres of the property for sale as an individual commercial lot. Such subdivision shall also contain a deeded right-of-way to the rear property.
Mr. Austin was directed to submit his subdivision application to the Secretary prior to July 18th for inclusion on the August agenda.
Other Business
Mr. Pike brought forward a request from the CNHRPC for a matching fund support of $1400.00 for the Route 28 Corridor Study. This will provide Chichester’s share of a 20% match required for the receipt of a federal grant. This request was previously denied by the Board of Selectmen. There was much discussion as to the usefulness of any information gained through this project and should prove to be valuable as was the Route 4 Corridor Study. This study will consider all of Route 28 from the Alton Traffic Circle to the Epsom Traffic Circle. A motion was made to approve the contribution of $1400.00 by Mr. Brehm and seconded by Mr. Jameson. Motion passes 6:1.
Mr. Pike informed the Board of the awarding of the HCPP Grant from the Office of Energy and Planning. This grant will provide funding to complete necessary steps in the preparation of Chichester’s Master Plan. The grant award was in the amount of $9348.00 and will be matched by in-kind service by the community.
Mr. Brehm and Ms. McIntosh brought forward concerns with the development of RV Solutions on Dover Road. There appears to be more RV’s stored on the property than allowed and the colors used for the Dairy Bar area were questioned as to their compliance with the Commercial Village zoning. There was no action taken.
Mr. Brehm suggested that maybe an amendment was necessary to the zoning to allow seasonal business to use porta-potties as an alternate means of sewage disposal. Mr. Pike was directed to contact DES concerning this matter.
Mr. Weir informed the Board that he has started an informational web site “chichestertaxpayers.com”. Mr. Weir has been recording the Selectmen meetings and will soon be recording all public meetings and such recordings will be hosted on this website as well as provide a discussion forum.
Mr. Moore brought forward the discussion of requiring deed presentation at the Planning Board level from the “Plan-Link” discussion forum. The discussion included the requirement for deeds to contain some of the specific information in relation to set-backs and buffers versus just being on the plan.
Mr. DeBold asked the members to bring names forward for recruitment purposes to fill the 2 alternate vacancies on the Board.
Mr. Brehm brought forward a concern over the maintenance of the sidewalks. Mr. Kenneally informed the Board that the Selectmen are currently working maintenance policy for the sidewalks, to include what type of maintenance will and will not be performed.
Being no further discussion, a motion to adjourn the meeting at 10:15pm was made by Mr. Kenneally and seconded by Mr. Jameson. Motion passes.
Respectfully submitted,
Jamie Pike, Secretary
Thomas Jameson, Chairman Approved as corrected.
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