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Planning Board Minutes 02/24/04

The meeting was called to order at 7:10pm by Chairman Peter Hogan. Present were regular members James Nordstrom and Christopher Johnson; and, ex-officio Christine Quirk. Also present was Planning Coordinator Nicola Strong and Recording Clerk Suzanne O'Brien.

Present in the audience for all or part of the meeting, were Brandy Mitroff, Robert Todd, Kristi and Paul Citak, Thomas and Christine Quirk, Linda Morrison, Steve Hunt, Tony Ferm and Cynthia Ferm.

CITAK, KRISTI                                                   Adjourned from 01/06/04
Submission of Application/Public Hearing
Non-Residential Site Plan Review/Beauty Salon Home Business
Location: 45 Woodbury Road
Tax Map/Lot  #2/47
Residential-Agricultural “R-A’ District

        The Chairman read the public hearing notice. Present in the audience were Kristi and Paul Citak, and Robert Todd, LLS.  No abutters were present.
        Kristi Citak explained that she was proposing a beauty salon in the basement area of her home which had formerly been an in-law apartment.  She submitted revised site plans that incorporated the check list corrections.  Her hours of operation, by appointment only, would be 9am-2pm Tuesday, Wednesday and Friday. The Chairman noted that it would be in her best interest to extend the hours of operation in order to give herself ample coverage to meet the needs of her home business and avoid being in violation of the site plan once approved with the above hours. A broader range of hours would also prevent the future need of a meeting to request such additional hours. With that suggestion, Ms. Citak requested hours of 9am-8pm Monday through Saturday.  The Chairman noted that the hours could be changed by hand.
        The Chairman noted that the sufficiency of the interior drawing on the site plan was a building inspector issue and went on to question sufficient access to the parking areas (i.e. would a sign be required to prevent patrons from backing out of the driveway).  Paul Citak commented that he did not feel there was any need for such a sign as they live on a cul-de-sac.  James Nordstrom suggested they might verbally mention to clients that they should pull out forward from the parking area.  The Chairman went on to ask about appropriate parking signs for clients and sufficient lighting.  Mr. Citak said he would provide this along with a sign on the side of the garage directing clients to the salon entrance.  He also noted that he wished to improve the walkway with new landscaping.
       James Nordstrom asked if the entrance to the salon was a conventional bulkhead.
Paul Citak replied that it was a fully raised bulkhead.
        The Chairman went over the requirements of Zoning Ordinance Section 319-319.9: Home Business and Expanded Home Business, adding that, in his opinion, the applicant had no difficulties in meeting these requirements.
        Christopher Johnson had been on the site walk and commented that the driveway had been worked on very satisfactorily.

CITAK, KRISTI, cont.

        James Nordstrom questioned if any septic system improvements had been made.  Paul Citak replied that improvement plans were in place and applications submitted to the State to have on hand should the need arise in the future.  The Chairman noted that he did not feel this was a concern at this time.

        James Nordstrom MOVED to accept the application for Kristi and Paul Citak, Site Plan    Review Application, 45 Woodbury Road, Tax/Map Lot #2/47, as complete.  Christine        Quirk seconded the motion and it PASSED unanimously.

        The Chairman asked how the parking spaces would be delineated, noting that some applicants used railroad ties.  Paul Citak stated that he would be willing to do that for the two parking spaces.  The Chairman noted those should be added to the plan.
        Paul Citak expressed concern regarding the seasonal time frame of completing the walkway landscaping versus a delayed opening of the business and asked if the household entrance be used until such completion.  The Planning Coordinator explained that any revisions to the site plan must be completed, the site work done, followed by a site walk and compliance hearing before a certificate of occupancy could be released.  The Chairman concurred that final approval required all work be completed on-site, but added that the existing walkway may already be in compliance according to the plans regardless of any modifications the applicants may like to add later.  The Planning Coordinator added that the Board should be confident of safe access.  She noted that if a different entrance was to be used temporarily, that should be carefully noted on the site plan.  The applicants did not foresee a problem with access on the walkway where it would be passable albeit slightly muddy in the spring.  James Nordstrom offered that he could not see any potential issues with the walkway.
        The Chairman asked if the applicants had a permit for signage to which the applicants responded they were waiting for the Board’s approval prior to submitting that form.  The Chairman then went on to conclude the terms of Section 319, noting that the business would occupy less than 20% of the dwelling, and entertained a motion for approval.

        James Nordstrom MOVED to approve the site plan for Kristi and Paul Citak, to operate a  beauty salon home business from 420 s.f. of the existing basement in the dwelling at 45         Woodbury Road, Tax Map/Lot #2/47, subject to the following conditions.

        CONDITION(S) PRECEDENT:
1.      Submission of a minimum of three(3) copies of the revised site plan that include all checklist corrections and the following conditions noted at this hearing:
a.      Modification of hours of operation
b.      Delineate parking spaces with 6X6 landscape ties
2.      Execution of a Site Review Agreement regarding the condition(s) subsequent;
        The deadline for complying with the condition(s) precedent shall be March 10, 2004; the

CITAK, KRISTI, cont.

        confirmation of which shall be an administrative act, not requiring further action by the       Board.  Should compliance not be confirmed by the deadline date, and a written request  for extension is not submitted prior to that date, an administrative NOTICE OF DENIAL   shall be issued without further action of the Board being required.

        CONDITION(S) SUBSEQUENT:
1.      All of the site improvements are to be completed per the approved site plan.
2.      The Town of New Boston Planning Department shall be notified by the applicant that all improvements have been satisfactorily completed, and are ready for final inspection, prior to scheduling a compliance hearing on those improvements, a minimum of three (3) weeks prior to the anticipated date of compliance hearing and the opening of the business on the site.
3.      Any outstanding fees related to the site plan application compliance shall be submitted prior to the compliance hearing;
4.      A compliance hearing shall be held to determine that the site improvements have been satisfactorily completed, prior to releasing the hold on the issuance of Permit to Operate.  The 420 s.f. of the existing basement cannot be used or occupied for the business until the compliance hearing has been held, and an affirmative finding made by the Planning Board.
        The deadline for complying with the Conditions Subsequent shall be April 15, 2004, the  confirmation of which shall be determined at a compliance hearing on same as described  in item 4 above.
        Christine Quirk seconded the motion and it PASSED unanimously.

CLARK HILL REALTY, LLC                          Adjourned from 2/10/04
Work Session/Design Review
Non-Residential Site Plan Review/Multi-Family Development
Location: Clark Hill Road
Tax Map/Lot #8/118
Residential One “R-1” District

        The Chairman read the public hearing notice for the record.  No one was present for the hearing.  By letter of 2/23/04, the applicant requested an adjournment to March 23, 2004.
The Chairman preferred a later date in the interest of having enough time set aside on the agenda for this session.

        James Nordstrom MOVED to adjourn the work session for Clark Hill Realty, LLC, Tax       Map/Lot #8/118 to April 13, 2004 at 7:00pm.
        Christopher Johnson seconded the motion and it PASSED unanimously.


MISCELLANEOUS BUSINESS, cont.

        Christine Quirk recused herself from the Board at 8:00pm in anticipation of Gordon Carlstrom’s arrival, as her application was scheduled next.

        There being time before the next scheduled hearing, the Planning Board took up Miscellaneous Business.

MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF FEBRUARY 24, 2004

1.      The minutes of March 25, 2003 were distributed for approval at the meeting of      February 24, 2004 with or without changes.

2.      Driveway Permit Application for Melora Mehlhorn, 4 Simons Farm Road, Tax Map/Lot #3/42, for proposed driveway, for the Board’s action.
(Board to drive by prior to meeting)

The Coordinator noted that there was some permit confusion regarding this item as this access will actually be onto a right-of-way, not a town road, therefore there was no need of a town permit but the neighbor should be contacted to make sure any private concerns were addressed.

3.      Driveway Permit Application for RJ Moreau Communities LLC, Wilson Hill Road, Tax Map/Lot #06/32-1, for proposed driveway, for the Board’s action.
(Board to drive by prior to meeting)

4.      Driveway Permit Application for RJ Moreau Communities LLC, Wilson Hill Road, Tax Map/Lot #06/32, for proposed driveway, for the Board’s action.
(Board to drive by prior to meeting)

James Nordstrom MOVED to approve permit applications 04-010, 04-011 off of Wilson       Hill Road with the Standard Planning Board Requirements:  the driveway shall have two   inches (2”) of winter binder (pavement) to be applied to the driveway to a minimal      distance of twenty five feet (25ft) from the centerline of the road; the driveway       intersection with the road shall be joined by curves of twenty foot (20’) radii minimum         and the driveway shall intersect with the road at an angle of 60-90 degrees.
        Christopher Johnson seconded the motion and it PASSED unanimously.

5.      Driveway Permit Application for RJ Moreau Communities LLC, Inkberry Road, Tax Map/Lot#06/41-50, for proposed driveway, for the Board’s action.
(Board to drive by prior to meeting)

MISCELLANEOUS BUSINESS, cont.

James Nordstrom MOVED to approve permit applications 04-012, Inkberry Road      with the Standard Planning Board Requirements:  the driveway shall have two inches      (2”) of winter binder (pavement) to be applied to the driveway to a minimal distance of         twenty five feet (25ft) from the centerline of the road; the driveway intersection with the     road shall be joined by curves of twenty foot (20’) radii minimum and the driveway shall        intersect with the road at an angle of 60-90 degrees.
        Christopher Johnson seconded the motion and it PASSED unanimously.

6.      Letter dated February 15, 2004 from CVI Development, to the Board, Re: Bright’s Grove (Fraser Drive) subdivision be extended to May 30, 2004, for the Board’s review and discussion.

        The Coordinator explained that as CVI’s deadline had expired, she had requested a letter from them to ask for an extension.

        James Nordstrom MOVED to grant CVI Development LLC’s request for an extension to        the deadline for completion of Fraser Drive based on the letter dated February 15, 2004,        to May 30, 2004.  Christopher Johnson seconded the motion and it PASSED unanimously.
        
7.      Email received February 9, 2004 from Dan Macdonald, Board of Fire Wards, to Planning Board, Re: Subdivision recommendations by the Board of Fire Wards, for the Board’s Review and discussion.

        The Chairman mentioned the apparent confusion between the contractor’s representations of their project to the Board of Fire Wards and what the Planning Board heard.  The Coordinator stated that the issue was that the Fire Wards did not seem to know what to do with the site plans and subdivision plans sent for their review.  She noted that a list of questions specific to each department had never been sent.  James Nordstrom thought that a list of specific questions might limit the ability of the Fire Wards to comment on an aspect of the plan that may not be directly related to fire or safety.  He noted that the Fire Wards should be simply asked to review the plans for issues relative to fire fighting and personal safety.  
        The Chairman thought that a list of issues should be prepared, including things such as: was the fire fighting water supply system appropriate for the application; the roads and driveways; density of houses; percentage of woods; access to the neighborhood, and so on.  He noted that the Fire Wards should be told that this list was by no means exclusive.
        The Coordinator offered to draft a letter for the Board’s review for the next meeting.
The Board agreed.

8.      Email copy dated February 5, 2004 from Andrew Sullivan, Esq. to Reggie Moreau, Re:

MISCELLANEOUS BUSINESS, cont.

Declaration of Limitation of Municipal Liability, for the Board’s review and discussion.

        The Coordinator noted that this letter was regarding Lot 45 on Inkberry Road and that she thought the Release of Liability was unsatisfactory as it released the town from liability without mentioning the previous concerns with drainage, maintenance or plowing.  The Board agreed that further work was needed to clarify this document.

9.      Letter copy dated February 5, 2004 from Gottesman and Hollis, to Board of Selectman, Re; Waldorf Estates III, Foxberry Drive, Tax Map/Lot #8/84, for the Board’s review and discussion.

        The Coordinator explained that this item was regarding the No Trespassing signs that had been placed on Foxberry Drive.  She noted that the Selectmen met with Dave Walker of Bedford Designs and the sign changes discussed had not yet been made.  The Selectmen were writing to Morgan Hollis, Esq., and the situation was in limbo at the moment. The Board questioned Christine Quirk (from the audience) as to the Selectmen’s attorney’s response to this situation.  Christine Quirk stated that the attorneys or engineers advised not to push the issue at this time unless someone was detained from entering the property. The Police Chief had not been stopped. James Nordstrom commented that the signs were posting public land (town property) as no trespassing.
        
10.     Daily road inspection reports dated January 14th, January 21st, and January 23rd from Dufresne-Henry, Re: Waldorf Estates were distributed for the Board’s information.

11.     Notice of receipt, Re: Nonpoint Source Pollution book from the Department of Environmental Services January 2004, for the Board’s information. (Book available for review in Planning Department).

        As Gordon Carlstrom was not yet present to sit on the Board, it was decided to continue with the Quirk’s hearing.

QUIRK, THOMAS & CHRISTINE
Submission of Application/Public Hearing
Major Subdivision/Ten Tent Sites
Location: Cochran Hill Road
Tax Map/Lot #7/11
Residential-Agricultural “R-A” District

        The Chairman read the public hearing notice.  Tom and Christine Quirk were present in the audience. No abutters were present.

QUIRK, THOMAS & CHRISTINE, cont.

        Christine Quirk explained that there was controversy over their approval for ten tent sites, regarding whether their application was submitted too late.  She noted that the Board appeared to think that the application for tent sites had been canceled, when in fact they believed it to always be in ongoing status in two phases: toilet facility and ten tent sites. Her chronological explanation follows:

May 5, 2003:
submitted plans for preliminary hearing on ten tent sites and toilet building expansion (plans dated 1/12/03)-placed on agenda for July 8, 2003

June 27, 2003:
received letter from Planning Board for application fee of $1,460.00 which was paid three days later

July 8, 2003:
Hearing takes place; phases were suggested as Town Counsel’s review was needed for the matter of the road within the buffer for the subdivision of ten tent sites. The Board agreed and planned site walk for July 12, 2003. James Nordstrom motioned to adjourn the submission of the application for subdivision portion of the tent site installation to a later time to be determined.

July 12, 2003:
Planning Board site walk done on toilet building area. Planning Board also took a walk by the proposed site of the ten tents area.

August 12, 2003:
Met with Planning Board. At this time Town Counsel’s opinion was that the ordinance in its present form did not prohibit construction of roads in a buffer area. Christine Quirk asked if the toilet building expansion could be approved and subdivision for the ten tent sites handled as a separate phase. The Coordinator explained that the applications for both were submitted as preliminary, therefore, no decision could be rendered. The Board had no comments on the site walk but the Coordinator stated that the road was already in and the tent sites cleared.  Christine Quirk stated that the Board had, therefore, acknowledged the sites and the road.

August 28, 2003:
Applicants’ engineer presents Planning Board with application form for final approval for the toilet building site plan.  State Subdivision Approval number was still needed for the application for the ten tent sites.



QUIRK, THOMAS & CHRISTINE, cont.

September 5, 2003;
Received invoice for application fee for public hearing on expansion for $364.00 which was paid.

September 23, 2003;
Planning Board meets on submission of application for toilet building approval. Coordinator stated that the overall site plan attached to specific site plan for toilet building expansion showed ten tent sites not yet approved.  Application for toilet building was accepted as complete and site plan approved with conditions.

December 8, 2003:
State Subdivision approval was received by applicants with this date.

December 20, 2003:
Applicants received Recreational Campground Compliance Certificate

January 26, 2004:
Applicants receive letter from Planning Board stating there were no other outstanding items with the toilet building expansion site plan.

        Christine Quirk stated there was never any intent to drop the plans for the subdivision and that she had always been under the impression it would be done in two phases. She added had the application not needed to go to Town Counsel, it would already be approved. The application fee for the tent sites was paid in June, 2003, before discussion of placing Article 4 on the town warrant. After getting State Subdivision approval on everything, they were now past their deadline for Planning Board’s approval due to the December 23, 2003, amendment posting and were requesting relief.
        James Nordstrom asked if a motion was ever made to accept the subdivision application as complete.  The Coordinator said no such motion was made. The Chairman added that the application was never denied, simply set aside. Christine Quirk asked the Board if there was anything they could do.  James Nordstrom went on to add that the only thing that relieved an applicant from a posted Zoning Ordinance amendment was an affirmative motion to accept the application as complete before the amendment was posted.  He noted that, as far as he knew, the ZBA could not grant a variance to a posted amendment, nor could the Planning Board accept the application because they had to consider the amendment as approved until ballot vote.
        The Coordinator explained the difficultly for the applicants to meet their submission deadline as they did not receive State Subdivision Approval until December 8, 2003, and the finalization for posting the Zoning ordinance amendments was the same day the application would have needed acceptance for completion. It was, however, the applicants’ responsibility to submit a complete application.

QUIRK, THOMAS & CHRISTINE, cont.

        The Chairman stated that it was not the Planning Board’s intention to slight a business with this proposed amendment.  He thought that the applicants deserved relief.  The Coordinator pointed out that the ballot vote was on March 9th, so the applicants might just as well wait for the results and then submit a variance application to the ZBA if necessary.  
        The Chairman thought that the application should be accepted and denied to allow the Quirks to apply for a variance.  James Nordstrom stated that the board could not accept the application because it did not meet zoning.  
        The Chairman then suggested that the Board write a memo to the ZBA explaining the history of the application and that it was not the Planning Board’s intent to exclude this phase of the expansion of the campground and to recommend that the ZBA grant relief.  He noted that there would then be no denial and the ZBA should be able to resolve it.
        James Nordstrom noted that there was significant history to the application and that it was not uncommon during zoning amendment season for an applicant or two to get caught out by proposed changes.
        Bob Todd, LLS, stated that it almost appeared as if the applicant was vested.  The Coordinator quickly pointed out that there was no accepted completed application, therefore, no vesting could be claimed.
        The Coordinator stated she would draft a memo to the ZBA regarding the chronology of the application and the Planning Board's view of the situation, and forward same to the Chairman for his review.
        
        James Nordstrom MOVED to adjourn the Submission of Application, Thomas and      Christine Quirk, Public Hearing, Major Subdivision/Ten Tent Sites at the location of    Cochran Hill Road, Tax Map/Lot #7/11 to such a time as a resolution is made relative to         the posted zoning amendment in March/April.  The motion was seconded by         Christopher Johnson and it PASSED unanimously.

13-15 HOPKINS ROAD, INC (APPLICANT)
SWIEZYNSKI, JOSEPH (OWNER)
Submission of Application/Preliminary Hearing/Design Review
Major Subdivision/9 Lots
Location: Salisbury and Hopkins Roads
Tax Map/Lot #13/15
Residential-Agricultural “R-A” District

        The Chairman read the public hearing notice. Robert Todd, LLS, represented the applicant. No abutters were present.

        Mr. Todd, LLS, stated he had completed the boundary plans, surveys, topography, soil tests, fiscal study and road design for the cul-de-sac, and had submitted corrections to plans from

13-15 HOPKINS ROAD, INC., cont.

the check-list, request for waivers and declaration for protective easement. Since submission of this application he had received State Subdivision Approval.
        Mr. Todd, LLS, went on to discuss the soils which were classified as Group 1, rated best for development and excessively drained. There was a glacial outwash area with a kettle hole, along with wetlands and discharge areas. The water table was within 15 inches of the surface. The 50 scale drawing encompassed 30.9 acres of landed bounded on the north by Hopkins Road and bounded on the west by Salisbury Road.  The property was to include nine lots described as wooded with white pine. Two lots would front on Hopkins Road, one would front on Salisbury Road and the remaining would be on the cul-de-sac which was 400’ in length. The land owner desired four bedroom duplex homes, each side with separate septic and well, noted by Mr. Todd, LLS, as a considerable expense and unusual request.
        Appropriately, Mr. Todd, LLS, did two test pits on two 4k areas on each lot for septic design and submission for State approval.  The State replied that they did not have administrative rules that dealt with this combination and requested to approve on the basis of one 4k area and one well.  After approval the State noted that additional wells/septic could be added if that was the desire.
        Bob Todd, LLS, noted again that the fiscal impact study had been submitted and a list of waivers to be considered had been submitted.  He noted that the Board may prefer a site walk first. With that said Mr. Todd, LLS, stated that he thought he was ready for final submission of application.  The Chairman noted he preferred to hold a site walk first.
        Mr. Todd, LLS, noted the owner was willing to pay for gravel improvements and removal of trees on the east side of Salisbury Road right-of-way to widen the area of travel and would use the road/lot contractor for that work. The Chairman asked if deeding had been considered. Mr. Todd, LLS, suggested the owner dedicate by deed, a portion of land parallel to and 25’ easterly of the centerline of the Salisbury Road traveled way to give room for road improvement. Some slope easements would also need to be attached to the dedication. A gravel pit on the lot that had never been graded or closed would also benefit by being leveled off.  There were very few areas of 35% slope.
        Mr. Todd, LLS, then requested a waiver discussion. Regarding environmental factors, he could not see a big impact, other than on the forest. The Coordinator asked if Mr. Todd, LLS, was confident that the soil could handle the septic systems to which he replied there were few restrictions because of the soil types.  The Chairman asked what the environmental impact/effective difference was between 1,000 gal/week flow on one system per lot and 500 gal/week flow on a two system lot. Mr. Todd, LLS, replied the two lot system would disperse over a larger area allowing more opportunity for treatment. The limit is 2,000 gpd on this soil type – a small multiplier. The State would allow 4,000 gpd and the application proposed only 1200 gpd.
        James Nordstrom asked how Mr. Todd, LLS, was approached by the owner and had the owner given thought to keeping the same lot density without road construction. Mr. Todd, LLS, replied that he received the usual request to get as many lots as possible. He had suggested

13-15 HOPKINS ROAD, INC., cont.

clustering which the owner did not want. The Coordinator remarked that a 400’ road might be an issue for the Highway Department and Mr. Todd, LLS, agreed the department would be picking up additional maintenance.
        The Chairman thought a site walk was needed and suggested an adjournment to a work session for April 13, 2004. Mr. Todd, LLS, said the final application would be in ahead of that date and he would also seek recommendations from the Board regarding Salisbury Road
improvements. The Chairman then asked if the owner would be willing to pay improvement impacts as the highway department would most likely recommend paving due to the traffic
volume. James Nordstrom suggested improvements between Hopkins Road and the cul-de-sac and the Chairman added that deeding a strip of land to the town line would give reasonable
width.  The Coordinator suggested a site walk for March 20, 2004, at 8:30am.  The Board agreed.
Mr. Todd, LLS, then stated he would have time to develop a Storm Water Pollution Prevention Plan (SWPPP) and asked if the Board would be willing to accept this in lieu of the Green Book outline. James Nordstrom replied that relative to erosion and sediment control, he would have no problem entertaining a waiver to the Certified Erosion and Sediment Control Plan, with the understanding that a SWPPP plan was being done.  He added that the waiver for DES approval was obviously going to be withdrawn.   The Chairman added that he did not think it necessary to go through the remaining waivers at this time as there was another work session scheduled.
The Board did not see a need for a full traffic study but did agree that a superficial analysis on the intersection of Hopkins Road and the 2nd NH Turnpike was warranted. Mr. Todd, LLS, agreed to engage that study, adding it could be used as a reasonable baseline for upcoming items, since he did not believe that area had ever been evaluated.
Mr. Todd, LLS, stated he would now begin work on cost estimates and bring designs to contractor/engineers for estimates in time for the next session.

        James Nordstrom MOVED to adjourn the Submission of Application/Preliminary      Hearing/Design Review, Major Subdivision/9 Lots, Location: Salisbury and Hopkins        Roads, Tax Map/Lot #13/15 to a work session on April 13, 2004, at 7:30pm. Christopher   Johnson seconded the motion and it PASSED unanimously.

        The Coordinator reminded Bob Todd, LLS, of the items to have flagged for the site walk: centerline of road and driveway locations; lot corners; wetlands and wetland crossings.  Bob Todd, LLS, confirmed the site would be so marked.
        
FERM, CYNTHIA & MORRISON, LINDA
Submission of Application/Public Hearing
Minor Subdivision/Lot Line Adjustment
Location: Bedford Road

FERM/MORRISON, cont.

Tax Map/Lot #12/69 & 12/70
Residential-Agricultural “R-A” District

        The Chairman read the public hearing notice. Present in the audience were Cynthia Ferm, Tony Ferm, Linda Morrison, Steve Hunt and Robert Todd, LLS. No abutters were present.

        Mr. Todd, LLS, described the land as ¼ mile from Klondike Corner, subdivided from the Ferm property in the mid 1980’s. The proposal was to create a new line between the Ferm and Morrison lots which would extend out to the top right corner of the Morrison lot. Parcel A (from Ferm lot) was proposed to be 16.2 acres. With the line change the Morrison lot would change from 2.9 acres to 18.59 acres with wetlands on the west side.  The well and septic system on the Ferm lot were close to the house so Mr. Todd, LLS, saw no need to locate them.
        The Chairman asked the reason for the exchange to which Steve Hunt expressed his concern over building development projects in the area and that he wanted to protect some open space. The area was large but no frontage was being added to this lot.  Mr. Todd, LLS, added that this would also keep Cynthia Ferm from possibly close abutters in the future. The Chairman asked what the frontage length was on lot #12/69, to which Mr. Todd, LLS, replied 308 feet. The Chairman then commented this was enough for a subdivision in the future and was Steve Hunt willing to have language added that would prevent it. Steve Hunt replied he did not wish to
do that as it could devalue his property should he ever wish to sell, although this was not his intent at this time. The property was under current use assessment at this time.
        The Chairman thought that traffic, fiscal or environmental studies would not be required.

       James Nordstrom MOVED to accept and grant waivers inclusive of the memo                         dated 1/29/04 from Bob Todd, LLS, containing five sections of waivers to various                sections in the ordinance: these sections were fiscal impact study; traffic impact study;       environmental impact study; error of closure; and expressing the lot area in square     feet. Christine Quirk seconded the motion and it PASSED unanimously.

        James Nordstrom MOVED to accept the Submission of Application/Public Hearing,   Minor Subdivision/Lot Line Adjustment, Location: Bedford Road, Tax Map/Lot #12/69       & 12/70 as complete.  Christine Quirk seconded the motion and it PASSED         unanimously.

        James Nordstrom MOVED to approve the Application, Minor Subdivision/Lot Line    Adjustment, Location: Bedford Road, Tax Map/Lot #12/69 & 12/70, such that Parcel A      of 16.2 +/- acres is annexed from Tax Map/Lot #12/70 to Tax/Map/Lot #12/69, subject to:

        CONDITIONS PRECEDENT:
        1.      Submission of a minimum of four (4) blue/blackline copies of the revised plat,  

FERM/MORRISON, cont.

                including all checklist corrections and any corrections as noted at this hearing,                       including waivers granted;
        2.      Submission of the mylar for recording at the HCRD.
        3.      Payment of any of the outstanding fees including the cost of recording the mylar                        at the HCRD.    The deadline date for compliance with the conditions precedent                  shall be March 10, 2004, confirmation of which shall be an administrative act, not              requiring further action by the Board. Should compliance not be confirmed by the                         deadline date, and a written request for extension is not submitted by that date, the           applicant is hereby put on notice that the Planning Board may convene a hearing                         under RSA 676:4-a to revoke the approval.
        Christine Quirk seconded the motion and it PASSED unanimously.

        The informational session for Dana and Joni Haley for discussion of a potential subdivision of a 5 acre lot from Tax Map/Lot #14/1, South Hill, McCollum & Meadow Roads, scheduled for 9:20 PM +/- was canceled by the applicant.

         The Board then continued with Miscellaneous Business.

12.     The minutes of December 23, 2003, and January 6, 2004, were distributed for approval at the meeting on March 23, 2004, with or without changes.

13.     Letter dated February 19, 2004, from Amy Alexander, Dufresne-Henry, Inc., with attached letter dated February 17, 2004, from Geotechnical Services, Inc., re: Redi-Rock wall design proposed for Waldorf Estates Phase III, for the Board’s review and discussion.

        The Coordinator pointed out that more information and design work was necessary.  The Board agreed that a letter should be sent to Bedford Design confirming that they would address the issues raised in Dufresne Henry Inc.’s letter.

14.     Standard Dredge & Fill Application for R.J. Moreau Companies, Tax Map/Lot #6/41-39 & 6/41-45, to fill 3,075 s.f. of wetlands with three separate wetlands crossings, Inkberry Road, for the Board’s review and discussion.      

        The Coordinator noted that at the time of the 2001 permit, the request did not go through the CUP process. This time the Board agreed that a letter should be sent stating that local requirements must be followed and noting that state permits are a prerequisite to the local permit.

15.     Letter dated February 15, 2004, from Michael Nolin, Commissioner, NH DES, re:  
        Piscataquog River Local Advisory Committee in need of three members from New

MISCELLANEOUS BUSINESS, cont.

        Boston.

        The Chairman would like information on the meeting schedules.

16.     NOTICE: Joint meeting of ZBA and Planning Board scheduled for MARCH 16, 2004 AT 7:00P.M. TOWN HALL, re: special exceptions and site plans.  (No copies.)

17.           Endorse St. John site plan, Tax Map/Lot #10/3-1 and 10/4, Butterfield Mill Road.

        The Chairman and Secretary signed the subdivision plan, all conditions having been met.

        James Nordstrom MOVED to adjourn the meeting at 10:10pm. Christopher Johnson    seconded the motion and it PASSED unanimously.

Respectfully submitted,

Suzanne O’Brien
Minutes approved: