The meeting was called to order at 7:10pm by Chairman Peter Hogan. Present were regular members James Nordstrom, Christopher Johnson, Travis Daniels; ex-officio Christine Quirk; and, alternate Bob Furey. Also present were Planning Coordinator Nicola Strong and Recording Clerk Suzanne O'Brien.
Present in the audience for all or part of the meeting, were Brandy Mitroff, Brian Holt, Robert Duval, Paul Carideo, PE, Kathy Bradfield, Ray Shea, Mitch Larochelle, Neil Smith, Dave Elliott, Jay Marden, Mark LeBlanc, Earney Mayo, Dean Glow, Dana Lorden, Jonathan Willard, Joel Savilonis, Randy Haight, LLS, Dave Plantier, Don Duhaime, Paul Scopa, Terry O’Connor, June and Bob Edwards and Robert and Susan Fehsinger .
VISTA ROAD, LLC Adjourned from 02/10/04
Work Session/Design Review
Major Subdivision/14 Lots
Location: Inkberry and Wilson Hill Roads
Tax Map/Lot #6/40-5
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were Brian Holt and Robert Duval of T.F. Moran. An abutter present was Kathy Bradfield.
Brian Holt briefly reviewed the project location and noted that the proposed road for this subdivision was 3,300 feet in length running from Inkberry Road to Wilson Hill Road at the Highland Hills subdivision where an intersection would be formed. He added that Wilson Hill Road was going to be upgraded from a Class VI road to a Class V road. The proposed 14 lots would be built off of roads sloping between 2% up to 10%. Mr. Holt stated he had addressed the Road Committee’s questions and concerns on the road layout and design and had given plans and documentation back to John Riendeau, Road Agent. Major items had been: road slopes, side slopes, and queuing (safe stopping distance). Brian Holt noted that Bob Duval, T.F. Moran, an expert on
traffic could address such questions. Brian Holt also said they were working closely with the Road Committee regarding the removal of as much 10% slope as possible, with 3 to 1 side slopes where possible, and in some areas, 2 to 1 side slopes due to location.
The Chairman asked what specific aspects of the plan had been changed since the last meeting with the Board. Brian Holt replied that the Inkberry and Hutchinson Road entrance ramps or intersections had been flattened out, which created longer ramps. As this had been a major concern of the Planning Board, Road Committee and Selectmen’s Office, a vertical curve was lengthened to create more room with a lesser slope, varying between 2% to 3%. Mr. Holt stated they also opened up the radius at the intersections for plowing, which had been a specific concern of Mr. Riendeau. Mr. Holt pointed out that the plan’s view illustrated exaggerated profiles of steepness. The amount of 10% slope areas, previously 300 feet, was reduced 50% to 150
feet. He believed the Road Committee was pleased with this result.
The engineer for the Road Committee had expressed concern regarding side slopes as they had two 3 to1 side slopes in cut areas. Brian Holt told the engineer that they could not have 3 to 1 side slopes in areas between the house lots on Inkberry Road that had already been sold.
Brian Holt pointed out added features on the plan not requested by the Road Committee,
VISTA ROAD, LLC, cont.
namely closed drainage, guard rails and two foot extra pavement in the 10% area which would aid in plowing and curve negotiation by the plowing trucks. Overall, Brian Holt believed the Road Committee was very pleased with their thorough overview of items.
The Chairman asked what the regulations were on guard rails involving 3 to 1 slope areas. Brian Holt stated that the criteria used were Town and AASHTO regulations.
Brian Holt then addressed the fiscal impact and traffic studies. The Chairman asked if the traffic study incorporated the intersection of Bedford Road and Wilson Hill Road. Brian Holt replied that the traffic study looked at obvious impacts to Inkberry Road and Wilson Hill Road, along with the intersection of Route 13 at Byam Road and Wilson Hill Road at Labree Road. Brian Holt stated that the traffic study was done by the same individual who had done traffic studies for the Highland Hills subdivision. The findings of the study showed no changes in service levels with the addition of the Vista Road development.
Brian Holt then presented to the Board, for their information, letter copies from Subsurface Systems which stated their approval pending Site Specific and Dredge and Fill. The Dredge and Fill permit was pending some wetlands items, but Mr. Holt felt that all these items were in order and that permits usually are issued for them at the same time as they are dependent on each other. Brian Holt then handed in the newly revised plans which incorporated the Road Committee’s comments.
Christine Quirk asked the Chairman if she could address some questions to Brian Holt from the Road Committee’s meeting at which she had been present. The Chairman then asked her to elaborate. Christine Quirk asked if fire trucks were able to complete turns into every driveway according to the plan design. Brian Holt stated that they addressed the turning radius for each driveway and this item appeared on each individual lot’s drawn plan. Christine Quirk then mentioned that the Road Committee desired an increase to the size of the culvert at the beginning of Inkberry Road on the right hand side. Brian Holt stated that it was on file to increase the size of the culvert and that, possibly, two culverts would be added to better handle water
volumes. Christine Quirk said another Road Committee concern was whether or not the catch basins could handle the run-offs of water and snow, to which Brian Holt replied they could indeed as there were run-off collection areas planned for each Phase of the development. Christine Quirk then asked about the curve area on the plans which noted a 10% slope at the curve and whether they were able to achieve an 8% slope. Brian Holt said that it was very difficult to achieve an 8% slope without disturbing the wetlands on Lot #6/40-5-12. He noted the entire wetland impact for the project was just less than 3,000 square feet. An added concern of Mr. Holt was to keep the cuts and fills on a balanced level and this item was also addressed in a letter to Mr. Riendeau, who had also asked the same question.
The Chairman asked if the Board had any more questions. James Nordstrom asked if the intent was for two phases of construction. Brian Holt replied it was the intent, firstly from a construction viewpoint, as two phases allowed better flows for material handling, obtaining building permits and overall work zone safety. Secondly, it was a specific request from the
Planning Board as well. James Nordstrom asked if the plan would be a two year build. Brian Holt said it would be.
VISTA ROAD, LLC, cont.
The Chairman then asked the Board whether they felt the changes made to the plan addressed the issues of the Planning Board or was the design still viewed as a poor one. Christine Quirk felt that the Road Committee should review the new plans to see all the changes that had been done. Brian Holt noted that the Road Committee had these plans. The Chairman added that the Board had not yet received comments back from the Road Committee.
Bob Duval of T.F. Moran asked the Board if he might respond to the Chairman’s comment on the plan’s poor design. Mr. Duvall felt that the design was very good, given the landscape, and noted that it met all Town regulations, and comfortably exceeded AASHTO minimum standards as well with generous radii, widths, and good tangents between curves. Mr. Duvall said that in his opinion, there were no waivers or design deficiencies and he believed any highway engineer would be in agreement.
The Chairman asked what the building style phasing would be, to which Brian Holt replied seven houses for the first Phase and seven houses for the second Phase.
The Chairman asked if there were any abutters. Abutter Kathy Bradfield asked Brian Holt about the need for a double culvert under her driveway. Brian Holt explained that the two culverts, which would be either 12” or 15” widths, would safely allow water to travel through, not over, the driveway. Brian Holt was aware that currently, this abutter had a treatment swale which was used to collect and slow water flow, removing sediments as well. The addition of culverts would better control this flow and not interrupt driveway travel in any way.
The Chairman asked if there were any other questions. James Nordstrom inquired who was going to complete the inspections, knowing of Thibeault Corp.’s past negative issues with Dufresne-Henry, Inc. The Chairman noted he was aware, from past Planning Board meetings with this applicant that their preference was to use Holden over Dufresne-Henry, Inc. He noted that Dufresne-Henry, Inc. was the Town’s standard inspection company, and although he had no objection to using Holden for this project, he wanted the Board’s opinion tonight as more members were present for a consensus. James Nordstrom offered that the applicant seemed to have a good relationship with Holden, however, with such a unique build, wondered if Dufresne-Henry, Inc. would be
a better choice. The Chairman agreed that Dufresne-Henry, Inc. was aware of the Town’s standards and regulations, and going forward, some inspection consistency would be appropriate, especially for future uniquely designed subdivisions. Mr. Holt agreed that he has had a very good relationship with Holden and past experience with Dufresne-Henry, Inc. had been negative, mainly due to their excessive hours on inspections jobs, which amounted to higher billings. Comparatively, Brian Holt said Holden did the same types of inspections in a condensed time frame, therefore, Thibeault Corp. felt that Dufresne-Henry, Inc. had taken advantage. Additionally Thibeault Corp. was not seeing the bills from the escrow account for ninety days in some instances and this was a further point of frustration.
The Chairman offered that the Town had not had many issues with Dufresne-Henry, Inc. for some time and had been receiving their inspection sheets in a timely manner. The Chairman
went on to say that he believed Thibeault Corp.’s past concerns to be legitimate and that the Planning Board had met with Dufresne-Henry, Inc. and contractors to discuss such issues.
Brian Holt stated that he would use Dufresne-Henry, Inc. if it was the desire of the Board,
VISTA ROAD, LLC, cont.
but would like some kind of stop gap mechanism in place to curtail the problem concerning the 90 day billings. The Chairman asked the Coordinator if she had seen such 90 day billings recently to which she replied not for some time.
The Chairman then asked for more opinions from the Board. Travis Daniels replied he was in agreement with James Nordstrom as to keeping inspections consistent going forward. The Chairman told Brian Holt to bring any items with Dufresne-Henry, Inc. such as billing problems to the Board’s attention as soon as they occurred.
Bob Furey returned to a layout question on a the steep slope radius curve and asked Brian Holt if increased tangents or increased overall road lengthening could aid in decreasing such a slope and still afford for a buildable lot on the opposite side of the curve. Brian Holt said by doing that more wetlands would be affected, while the current design minimized wetland impact as much possible. Bob Furey questioned if the embankment on the north side of the curve impacted the wetlands. Brian Holt replied it did not and that moving or shortening it would cause more disturbances for only a decimal percentage change in grade. Brian Holt expressed that the ultimate goal was to strike a balance between optimum grade and minimal disturbance of wetlands,
and that many disciplines were used in creating this design.
The Chairman asked the Coordinator to address Brian Holt on her meeting involving the Police Chief, Fire Chief and Road Agent regarding future road networking. The Coordinator explained that the meeting dealt with the future development of other large parcels of land in this area and that those at the meeting felt another access point would eventually be needed in the area at the bottom of Wilson Hill Road to accomplish such developments. The Coordinator then explained that bus stops would be designated at the end of Hutchinson Road at Wilson Hill Road and possibly into Inkberry Road. Brian Holt stated that he had a plexiglass bus stop and that he would meet with the Principal, facilitated through the Coordinator, to ask about placement of said enclosure. The Chairman asked the Coordinator to seek affirmation from the Principal on his desire for these structures, and questioned if they were really necessary.
The Chairman asked the Coordinator what items were pending as it appeared another work session would be in order. The Coordinator replied the Board was still waiting to hear comments from the Road Committee, Road Agent and Bill Drescher, Esq.
Brian Holt asked if it was possible to have preliminary approval at this meeting. The Chairman said it was not, as the Board was still waiting to receive information back, but that the Final Application approval would go more smoothly by having these details covered in preliminary sessions such as this one. Brian Holt asked if any additional information from him was needed. The Coordinator replied that Brian Holt could begin addressing the checklist on regulations for Final Application approval at this point so he would be prepared as it approached. Brian Holt expressed concern regarding questions that might be returned by the involved agencies for the next meeting. He asked if he could be privy to such items ahead of time in order to address
them more quickly. The Coordinator answered that items from the Town attorney
directed only to the Board could not be released without the Board’s permission; however any written comments from the Road Agent or Road Committee could certainly be forwarded to Brian Holt.
VISTA ROAD, LLC, cont.
Abutter Kathy Bradfield informed the Chairman that ice had been collecting on top of her driveway and wondered if there would be further effects once the road and culverts were constructed. Brian Holt responded that ice buildups should be eliminated by additional culverts. The Chairman pointed out that culverts would solve ice buildups on either side of a driveway but not on top and was not sure what the abutter’s ice issue was. The Chairman added that when the road was regraded, this might inadvertently solve the problem anyway. Brian Holt said that in checking the report which contained information on the culverts, one culvert was at only 25% capacity while the addition of a second culvert would reduce that further, therefore, the abutter’s situation should be greatly improved after these additions.
James Nordstrom MOVED to adjourn the Vista Road, LLC, Work Session/Design Review, Major Subdivision/14 Lots on Inkberry and Wilson Hill Roads, Tax Map/Lot #6/40-5 to April 27, 2004, at 7:00p.m.
Christine Quirk seconded the motion and it PASSED unanimously.
HARVEY DUPUIS FAMILY TRUST Adjourned from 02/10/04
Work Session/Design Review
Major Subdivision/16 Lots
Location: Carriage Road
Tax Map/Lot #12/93, 93-19, 93-21 & 93-22
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were Paul Carideo, PE, Dave Elliott, Mitch Larochelle, and Neil Smith. Also present were Jay Marden and Mark LeBlanc.
Paul Carideo, PE, gave an overview of the proposal of three new roadways into this 16 lot subdivision which comprised 60.13 acres. Paul Carideo, PE, stated the first road was 1,169 lineal feet, the second road was 514 lineal feet and the third road was 1,621 lineal feet. Per the request of the Planning Board, Paul Carideo, PE, stated he had coordinated with abutters regarding future road connections, agreed to two Phases of eight lots and eight lots, and would provide fire sprinklers on each lot. Paul Carideo, PE, had completed the two preliminary checklist items from the Board which involved adding the address of the Wetlands Scientist to the plans and providing two 200’ squares to Lot 12/93-21. This was achieved by revising the lot line
between Lots 93-21 and 93-19 in order to accommodate the second square.
Paul Carideo, PE, believed he had met all other conditions for future networking of roads and believed there were no other outstanding items at this time.
Christine Quirk asked if the phasing aspects had been added to the plans. Paul Carideo, PE, replied they had not, but could be added with either a line or note on the plans, or notes
could be added to the covenants of the development. The Chairman stated that a note would be needed on the plans.
The Chairman assumed, and the Board gave consensus, that Environmental, Fiscal
HARVEY DUPUIS FAMILY TRUST, cont.
Impact and Traffic Studies (inclusive of Bedford Road) would be required by the Board
The Chairman added that reports on Certified Erosion and Sediment Control were required as well, by regulation.
The Chairman then asked the Coordinator to go over the specifics on bus stop requirements for this plan and questioned if provisions for a bus shed were necessary. The Coordinator stated that the bus would most likely make a trip around Carriage Road with stops at each end and that no bus sheds were required for this plan. The Coordinator added that the Road Agent requested Harvey Lane be classified as “temporary” and plan notes and legal documents regarding this needed to be drawn up so the town attorney could review them.
The Chairman asked the Board if they felt the conceptual plan was a good one. James Nordstrom offered that he thought the plan contained a good level of detail. The Chairman added that this level of detail was appreciated, and asked the Board if they were ready to conditionally approve this concept. James Nordstrom then asked about State permits. Paul Carideo, PE, stated the permits were pending comments on Wetlands and Site Specific. The Chairman asked if anyone had any other comments.
From the audience, Ray Shea of Sandford Survey asked Mr. Carideo, PE, about access provisions, as he was involved with Indian Falls, LLC. Paul Carideo, PE, stated that they fully intended to provide access in this phase of the subdivision between lots # 14 & 15. He noted that these items would be addressed by the time of final application. Ray Shea commented to the Board that he felt they were working well together.
James Nordstrom MOVED to conditionally approve the concept of the preliminary plan for Harvey Dupuis Family Trust, Major Subdivision/16 Lots, Location: Carriage Road, Tax Map/Lot #12/93, 93-19, 93-21 and 93-22, and to inform the applicant to submit a completed application, pursuant to the Subdivision Regulations. It is hereby pointed out to the applicant that the "Conditional approval of a preliminary plan shall be valid for a period of one (1) year from the date of such conditional approval, at which time it shall become null and void, unless the condition has been performed or met, or
unless extended in writing by the Board." (Subdivision Regulations, Section IV-E, 9.)
Christopher Johnson seconded the motion and it PASSED unanimously.
Paul Carideo, PE, told the Board that as he wanted to make connections work better, he would like to obtain a final approval for the first phase to avoid delays on that project. The Chairman did not see a concern with this. Neil Smith of the Dupuis Family Trust added that land swaps might be necessary in the future for the second phase and that they wanted to move ahead on the first eight lots which they already had good control over. The Chairman responded that it
appeared from their wording that they would need to do a separate application for each phase.
Paul Carideo, PE, noted that this was their intent and that they simply did not want to surprise the Board when the applicant returned with a separate application for the first phase.
NISSITISSIT DEVELOPMENT, LLC (APPLICANT) Adjourned from 02/10/04
FREDERICK & CELIA LORDEN, TRUSTEES (OWNER)
Public Hearing/Major Subdivision/14 Lots
Location: McCurdy Road
Tax Map/Lot #12/17, 18 & 19
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Randy Haight, LLS represented the applicant. Present were Dana Lorden and Dean Glow. Also present was Jay Marden. No abutters were present.
Randy Haight, LLS, stated that the traffic report and level of service report on the two intersections had been updated. Mr. Haight, LLS, then submitted to the Board, copies of the reply letter which addressed the concerns indicated in Dufresne-Henry, Inc.’s plan review report dated March 1, 2004. Mr. Haight, LLS, requested clarification from the Board on several items in Dufresne-Henry’s report:
1. There were three areas on the plan that did not scale out to within 400’ (feet) of the perimeter in consideration of highlighting drainage areas for the sites in the southwest and northwest corners. Randy Haight, LLS, stated that the proposed building sites for these areas were outside the 400’ and that, if needed, the plan could be redrawn to a 200 scale, but preferred a waiver from the Board if possible.
2. A proposed driveway on the plan accessed McCurdy Road in an area of 9.7% slope which was higher than the standard regulation of 8%. Randy Haight, LLS, stated that he could locate the driveway off McCurdy Road at a lower grade, but he would need to place it at an angle to alleviate the sloping issue. As it stood now, the drive was straight with nice access to the proposed house site, therefore he requested a waiver on this item as well.
3. The report stated that Warren Road exceeded 600’ (feet) in length. Randy Haight, LLS, stated that the road was between 594’ and 595’ in length before the beginning of the cul-de-sac and was not sure how to interpret this finding. Randy Haight, LLS, thought that if the interpretation was a literal one, where the measure was done by stationing, the road would appear longer, or possibly it was meant to say that the cul-de-sac could not begin further on the road than 600’. However, Randy Haight, LLS, believed the road met the Town’s requirements.
The Chairman asked if the Board had any questions. Christopher Johnson remarked that it was one of the shortest cul-de-sacs he had seen in a while. Travis Daniels stated he had no issues with the cul-de-sac or the driveway. James Nordstrom noted that he thought the Board had previously agreed on other projects that the dead end length started before the cul-de-sac
began, and that because theoretically there were two means of access out of the cul-de-sac, he did not see it as an issue for waiver of the regulations, and thought the design as presented met the intent of the ordinance.
The Chairman asked the Coordinator if she had any issues that should be discussed. The Coordinator stated that there was letter from Bill Drescher, Esq. which commented on the legal
NISSITISSIT DEVELOPMENT, LLC, cont.
documents. This letter could be released in its present form to the applicant or the Coordinator could paraphrase it. The Chairman scanned the letter and commented he was inclined to have it released in its present form and save the Coordinator the extra time in paraphrasing.
James Nordstrom asked the Coordinator if she saw any items of question. The Coordinator stated she did not, but that the Board needed to address the following items:
-On page 3, Mr. Drescher, Esq., questioned whether the drainage easement for a retention basin on Lot #9 would be maintained by the town or privately between the two lots it served. Randy Haight, LLS, commented he thought it would be privately maintained with the easement being on an adjoining lot. The Chairman stated this should be noted on the plans.
-Page 4 discussed a conservation easement where a restrictive covenant would be acceptable, unless it was the intent for regulatory power to go to a Board or Town Agency. In this case, clarification on the plans was needed. Randy Haight, LLS, said they were amenable to the Planning Board’s decision on this item. The Chairman thought the intent was to keep the easement in its natural state and that there was not a preservation plan, therefore, a simple restrictive covenant was adequate.
-The above question also applied to the old foundation on Lot #12-19 and the restriction was there, but if it was intended that the town be able to enforce the condition, then language was needed in the documents. Randy Haight, LLS, stated that if the Board wanted the town to have enforcement rights, then language could be added. The Chairman thought that this was valid for this location. The Coordinator explained to Randy Haight, LLS, that he should use this letter when making his changes
Travis Daniels MOVED to release a copy of the March 7, 2004 letter from Bill Drescher, Esq., regarding review of legal documents for Nissitissit Development, LLC, to Randy Haight, LLS. Christopher Johnson seconded the motion and it PASSED unanimously.
James Nordstrom stated he had driven by the driveways in the development and viewed the stakes which he believed were in the same staked locations as previously. Randy Haight, LLS, stated that Dufresne-Henry, Inc., suggested opinion from the Board regarding the driveway for Lot #6 which was off of Warren Drive versus McCurdy Road, as the house would face McCurdy Road. The Chairman asked which way was better. Randy Haight, LLS, said it would be the Board’s decision. The Chairman asked if this was the lot that had minimum tree coverage. Randy Haight, LLS, stated that it was and that as the plans for the drive stood, the minimum tree coverage looked good. The Chairman asked Randy Haight, LLS, what his preference was to which he replied
that he preferred to leave things as they were as the driveway
permits had already been applied for. James Nordstrom asked which option afforded the greatest
separation between intersections. Randy Haight, LLS, replied that the options were equal in that regard and it did not appear that one would get further from the intersection if the driveway cornered off of McCurdy Road. The Chairman said the eventual owner could always apply for a driveway permit if they desired to change the location and that it was not a technical issue.
The Chairman then asked the Coordinator what other items were needed. The
NISSITISSIT DEVELOPMENT, LLC, cont.
Coordinator replied that one legal document was missing: a sample deed which included language for the sprinkler systems. The Chairman added that Randy Haight, LLS’s letter would be forwarded Dufresne-Henry, Inc.
Travis Daniels MOVED to adjourn Nissitissit Development, LLC, Submission of Application, Major Subdivision/14 Lots, Location: McCurdy Road, Tax Map/Lot #12/17, 18 & 19, to April 27, 2004, at 7:30p.m. Christopher Johnson seconded the motion and it PASSED unanimously.
INDIAN FALLS, LLC
Submission of Application/Public Hearing/Major Subdivision/13 lots
Location: Bedford Road
Tax Map/Lot# 12/89
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Raymond Shea of Sandford Survey represented the applicant. Present were Mark LeBlanc and Earney Mayo of Indian Falls, LLC. Abutters present were Dave Plantier, Paul Scopa, Don Duhaime, Jonathan Willard and Joel Savilonis. An interested party was Jay Marden.
Ray Shea stated they had received preliminary approval from the Board a few months prior and had since made some technical drafting changes that he wanted to discuss. The first draft of the preliminary application for this subdivision involved a proposed road with a length of 1,200’ (feet). Eleven lots on this road were in fairly tight building areas, due to the extensive wetlands along the front of the property and the Board had asked for some consolidation in that area, while allowing extra length to the road. Thirteen lots were now on the proposed road 1,500’ in length, with one lot fronting on McCurdy Road and the remaining 43 acre parcel at the south end of the property.
Since the last meeting, Ray Shea had submitted and received State Subdivision Approval, Site Specific and Dredge and Fill permits for three wetland impacts. The wetlands impact was just over 5,000 square feet. One 3,000 square foot area of wetlands was located at the main access point along with two small driveway impacts.
Ray Shea had received the Coordinator’s checklist and felt that quite a few of these issues had been addressed, along with some minor technical drafting issues that were then corrected on the plan. He submitted a Declaration of Covenants and Restrictions that now addressed
sprinklers (instead of the previous cistern) and the road bond estimate. Ray Shea thought that the proposed road’s name was still being decided upon by the Selectmen’s Office. Christine Quirk
stated that the Selectmen’s Office was in the process of addressing that issue and that she was pretty sure the name of the road would be Indian Falls Road.
Ray Shea then added that they were missing one town driveway permit application for the lot on McCurdy Road which was submitted to the Coordinator and that the Bedford Road entry permit had already been submitted. Ray Shea went on to say that abutters had mentioned a
INDIAN FALLS, LLC, cont.
lot line error. An original survey done on 130 acres in the early 1990’s had been used in preparation of this plan and they had, therefore, missed a small lot line adjustment on some property on Bedford Road that had been done later. This parcel had originally bordered along a stone wall until abutters made an adjustment and the new corrections have only resulted in the plan losing 0.4 acres.
Ray Shea then wished to discuss the placement of conservation easements on the majority of wetlands for the previous subdivision of 12/89-1, 2 & 3 which abutted the eastern lot lines and wanted to propose similar easements on 8 to 10 acres of wetlands for this subdivision. He believed the easements covered wetlands, 30’ building setbacks from wetlands, and 20’ no-cut zones from wetlands. Ray Shea wanted to add this language to the plans and stated he would submit copies of sample legal documents to the Coordinator, Town Counsel and the Conservation Commission for review.
Ray Shea then addressed the traffic overview, stating that as they did not know for certain at the time of the study, the final placement of the proposed road, they merely did some preliminary traffic counts and included some general remarks on the traffic that would be generated from this subdivision.
Some future plans which addressed proposals on the remaining 43 acres located to the south of the property were submitted to the Board. Ray Shea stated that meetings with the Dupuis Family Trust and abutters were ongoing in order to meet required approvals. Ray Shea stated that nine lots could be added as a result of extending the proposed road to the south. This was also dependent on a tie in to another outlet road to the Dupuis land and at the preliminary hearing it was discussed that they would only go so far until they secured an additional outlet. Ray Shea then added he could discuss overall traffic if it was desired by the Board. The Chairman said he wanted discussion on that item.
Ray Shea noted that the red areas on the plans were related to tonight’s submission and the blue area was 150 acres of property owned by the Bussiere family which highlighted Bedford Road at Klondike Corner and frontage on Carriage Road. Based on discussions with T.F. Moran and Dupuis family representatives, this layout seemed a reasonable one for the long term future and this would also be discussed with Mr. Bussiere. Ray Shea believed that working with the three main land owners on road connections would eliminate the need for a cul-de-sac on Indian Falls, LLC’s proposed road and give them an additional outlet for their subdivisions as well. The Chairman stated that it seemed the advent of this road was not in the too distant future. Ray
Shea replied that it was several phases away, possibly two to three years.
James Nordstrom asked if Ray Shea could go over the traffic study again, to which he replied they made a first attempt on it, not knowing the exact placement of their proposed road. Based on a road with a cul-de-sac, a traffic engineer did a two page summary for each lot and
this totaled 140 trips per day for the subdivision. Bedford Road had 2,500 trips per day, therefore, this subdivision would increase that by 4-5%. He noted that 80% of traffic on McCurdy Road and Bedford Road headed towards the town of Bedford. Ray Shea suggested it would probably be wise to pool information from other subdivisions doing common traffic study
work in that area. James Nordstrom noted the traffic study previously submitted would need to
INDIAN FALLS, LLC, cont.
be embellished in the future and Ray Shea agreed.
Abutter Dave Plantier asked how much land was conservation land. Ray Shea replied it was about 25 acres. Dave Plantier expressed concerns over possible disruption to a stream and the effects on stream flow with lots that had 20’ of frontage in that area. Ray Shea said he did not believe there would be any harsh effects to this stream, noting that its flow was currently restricted due to the fact that a 60” culvert under McCurdy Road drained into an 18” culvert which could not take the volume. He added that road construction would improve the flow. Mr. Plantier asked about the areas of Campbell Pond Road and its stream effects. Ray Shea replied that they would not be building directly in that area.
The Chairman asked if any other abutters had questions. Abutter Don Duhaime asked what the regulations were on boundaries and granite markers and who checked them. The Coordinator added that Don Duhaime had called the Planning Board office and expressed concern that he could not locate his markers on Bedford Road. The Chairman stated that boundary and granite markers were required to be set on all new subdivisions. Ray Shea offered that he was working with the developers to make sure all markers were properly set.
Abutter Paul Scopa asked if the construction on all 14 house lots would be completed before the construction on the second phase began. Ray Shea replied he was not sure and that it was dependent on how fast the building went and how soon they could tie into the road on the property owned by the Dupuis family. Mr. Scopa asked if the road could be extended before the tie-in happened, to which Ray Shea replied it could not. The Chairman added that the road was as long as it could be without an outlet.
Interested party, Jay Marden, said he had noticed that there was conservation land on this plan and asked if developers were required to set aside land in subdivisions for playground or recreational use as he thought that the Juniper Hill area had done. The Chairman replied that there were no requirements to do that. Abutter Dave Plantier agreed that a playground area would be a good idea. James Nordstrom agreed with both statements but added that documentation that governed division of land that the town had adopted did not have such provisions in place, therefore, the Board could not impose them. He added that the best effort would be to suggest such an idea to a developer, giving compensation for recreational space. Dave Plantier felt that
recreational services in the down town area were stressed and having such areas in these new neighborhoods would ease traffic loads. The Chairman asked who would be
responsible for building and maintaining such a recreational area. Ray Shea added that there were questions of suitable land, what would be installed on it and would the town maintain such
remote properties, noting that some towns collected recreational fees per house lot to upgrade existing facilities or to purchase suitable land. Jay Marden claimed that in previous hearings he had attended, proponents requested waivers from the Board, and if the Board found a suitable
site, it could be done, especially as this proposed site was a large one. Jay Marden spoke of instances of commercial development on South River Road in Bedford where land area for sub-fire stations and schools were part of the development scheme. Dave Plantier remarked that the safety situation should be considered for children who would ride bikes on Bedford Road versus
gathering on a local field or lot at a subdivision. He added that the town’s recreational facilities
INDIAN FALLS, LLC, cont.
were lacking and a local field or lot would not require much maintenance.
Joel Savilonis asked what the home sizes were slated to be. Ray Shea said although there were no provisions in the covenants, he assumed square footage would range from 2,000 to 2,500 square feet, which most buyers desired. Joel Savilonis asked if duplexes were considered. Ray Schea replied he did not know of any proposed.
The Chairman asked if the application was complete. Ray Shea stated that Fiscal Impact and Environmental studies had not been discussed at the previous meeting therefore he was not sure if they were required, but that he had spoken with Dupuis and T.F. Moran representatives regarding a pooled effort to come up with these as a whole and everyone was fully prepared to work together. Ray Shea asked if the application could be accepted and these studies prepared afterward to which the Chairman replied it could not because the application could not be considered as complete. The Chairman replied that these items were not waived too often, therefore, the application could be denied in its current form, a common practice by the Board in such a situation, or the
application could be withdrawn until complete. The Chairman asked the Coordinator if there was an option to withdraw and resubmit to which she replied it was up to the Board to deny or adjourn an application. The Chairman commented the tendency was to avoid adjourning incomplete applications. Ray Shea stated they would withdraw and resubmit for the sake of cooperation, which the Board so recognized.
RIGHTWAY BUILDERS, RICK MARTIN
This will be an informational session to discuss a site plan of a site plan for a multi-
family development on Pulpit Road, Tax Map/Lot #12/65.
This session was canceled by the applicant by phone. The Coordinator noted that Rick Martin had applied for a wetlands setback variance which had been denied, rendering the need for an informational session moot.
EDWARDS, JUNE
Submission of Application/Preliminary Hearing/Design Review
Major Subdivision/ 6 lots
Location: Dougherty Lane & Tucker Mill Road
Tax Map/Lot #2/17
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Terry O’Connor of Granite State Survey
represented the applicant. Present were June and Bob Edwards. Abutters present were Robert and Susan Fehsinger.
Terry O’Connor stated the proposed subdivision consisted of two back lots and four front lots. Previously, Mr. O’Connor received the check list items from the Coordinator and these following items were addressed and revised on the plan:
EDWARDS, JUNE, cont.
ü North point and scale were added to vicinity map and the location now shown as North of Dougherty Lane and East of Tucker Mill Road
ü Clerical errors regarding abutters were addressed and corrected
ü Name and address and professional seal of surveyor
ü Wetland Scientist Seal will be addressed on the final application
ü Area of parcel missing was added to note #3 and the total area was listed as “18.2 acres under current use”
ü Back lots had requirements for exactly 50’ and the previous plan’s east lot had 54.38’. Terry O’Connor noted this had been corrected.
ü Acreage breakdown for wetlands had been revised.
ü The Coordinator explained that two 200’ squares were needed on the lot on the corner of Tucker Mill Road and Dougherty Lane as the plan had double frontage at that location. Terry O’Connor said he had misunderstood this item and would make the appropriate correction to the plans.
ü Classify roads and widths “Dirt”/Tucker Mill Rd.:17’/Dougherty Lane:14’
ü A 20’ wide drainage easement was added along with proposed culverts to Tax Map/Lot 2/17-4.
ü Notes regarding Soil Erosion and Sediment Control and outline of watershed drainage. Terry O’Connor desired clarification by the Board on this item.
ü Terry O’Connor had added Standard Planning Board Notes to the plan, specifically notes #1, #5b and #6(1-4).
Abutter Robert Fehsinger asked if there were other driveways on the plans besides those on the back lots. Terry O’Connor highlighted areas on the lots where the land rose and fell with visibility in both directions and stated that is was common practice to have driveway accesses at these points. Mr. Fehsinger added his concern, as an abutter, about the cross roads of Dougherty Lane and Tucker Mill Road where there was limited visibility when turning to the left due to a
dip in the road and stated that placing a driveway near this area could pose a problem. He then asked if road improvements would be required due to traffic increases. On the latter question, the Chairman stated that would be determined during the site walk on the property.
From the audience, Brandy Mitroff remarked that she heard from John Riendeau that the road entrance near Saunders Hill Road would soon be closed for bridge repairs. Ms. Mitroff thought this might hinder access to the construction site for the subdivision. Terry O’Connor replied that this bridge was at the opposite end from their access point and would not be an issue.
The Chairman asked if the Board had any questions. James Nordstrom stated that it appeared the land indicated a Right-of-Way dedication and asked if there had been any discussion of work to the roads. Terry O’Connor replied that it had not been discussed as of yet, however, a discussion between the Road Agent and the owner of Granite State Survey yielded a decision to place the right of way toward the inner side of the property versus outer because of heavy ledge. The same placement would be on the other side, with culverts areas lowered.
James Nordstrom summarized that the goal seemed to be to have the right-of-ways reworked
EDWARDS, JUNE, cont.
based on what was more suitable for the town’s maintenance.
The Chairman stated he would like to do a site walk and asked if the area was properly flagged for centerline of driveways, road and right-of-ways, approximate lot corners and flagged wetlands. Terry O’Connor replied that this was not yet done. The Chairman asked if a Wetlands Study had been completed and Terry O’Connor stated that Merrimack Soil Consultants had mapped the wetlands. The Chairman added that notification needed to go to Betsy Dodge of the Conservation Commission and then asked when the flagging could be done for a site walk. Terry O’Connor asked if toward the end of April would be suitable and the Chairman agreed. Terry O’Connor then asked if the Board desired flagging on the right-of-ways on Dougherty Lane
as well to which the Chairman replied yes.
The site walk was scheduled for Saturday, April 17, 2004 at 8:30a.m.
James Nordstrom MOVED to adjourn the Submission of Application/ Preliminary Hearing/ Design Review, Major Subdivision/ 6 lots: Dougherty Lane and Tucker Mill Road, Tax Map/Lot #2/17 to April 27, 2004 at 8:00p.m.
Christine Quirk seconded the motion and it PASSED unanimously.
Abutter Robert Fehsinger asked if he could attend the site walk. Robert Edwards asked for clarification on this question and the definition of an “abutter”. Terry O’Connor stated that the abutter requested to site walk the location which meant he would walk the property with the Board and a representative of Granite State Survey. He added that the definition of an abutter was someone who adjoined the property or lived across the street in a diagonal location from the corner of the lot. The latter was true for Mr. Fehsinger. The owner stated he had no problem with Mr. Fehsinger joining the site walk.
MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF MARCH 24, 2004
1. Approval of minutes of March 25, 2003 and December 23, 2003, with or without changes. (Distributed at the February 24th meeting)
James Nordstrom MOVED to approve the minutes of March 25, 2003, as written. Christine Quirk seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to approve the minutes of December 23, 2003, as written. Christopher Johnson seconded the motion and it PASSED unanimously.
2. The minutes of January 6, 2004, & February 24, 2004, were distributed for approval at the meeting of April 13, 2004, with or without changes.
3. Memorandum dated March 10, 2004, from MaryAnn Manoogian, Director, to Municipal
MISCELLANEOUS BUSINESS, cont.
Land Use Boards, Re: 11th Annual Spring Planning Conference, for the Board’s review and discussion.
The Coordinator stated the Board should inform her if they had interest in attending and noted that the town would pay registration fees for attendees. The Coordinator also added that registration forms should be returned to her as soon as possible with their first and second course choices listed.
4. Consideration of appointment of Board Officers to be made at April 13, 2004, meeting.
The Coordinator stated this was a yearly requirement and suggested to the Board that as this was the first item on the agenda for April 13, 2004, it could be acted on before scheduled hearings began if members could arrive by 6:50 p.m. The Coordinator stressed the need for the election of a formal Vice-Chairman this year.
5. Driveway Permit Application for Mitch Construction, 27 Old Coach Road, Tax Map/Lot #16/27, for proposed driveway, for the Board’s action. (Board to drive by prior to meeting)
Travis Daniels said he had seen the grade stakes, which appeared to look more like house corner stakes. Christopher Johnson had also viewed the stakes and questioned the placement, but wondered if plowing trucks had inadvertently misplaced some of them. The Coordinator added that John Riendeau had submitted his approval.
Travis Daniels MOVED to approve Driveway Permit Application #04-014 for Mitch Construction, 27 Old Coach Road, Tax Map/Lot #16/27, for proposed driveway, 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. Driveway permit Application for Richard and Diane Vaccari, 48 Town Farm Road, Tax Map/Lot # 7/43, for proposed driveway, for the Board’s action. (Board to drive by prior to meeting)
James Nordstrom commented that John Riendeau had not yet signed off on this, however this application appeared to be straight forward. The Coordinator stated that the existing driveway would be moved 35’, and the area of the previous driveway would be returned to a natural condition by the applicants.
MISCELLANEOUS BUSINESS, cont.
James Nordstrom MOVED to approve Driveway Permit Application #04-105 for Richard and Diane Vaccari, 48 Town Farm Road, Tax Map/Lot # 7/43, for proposed
driveway, 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.
Christine Quirk seconded the motion and it PASSED unanimously.
7. Endorsement of a Lot Line Adjustment Plan for Timothy White and Cheryl Christner, Tax Map/Lot #2/81, 86, 87 and #5/38.
The Chairman noted that he and the Secretary would sign the plans after the meeting.
8. Endorsement of a Lot Line Adjustment Plan for Linda Morrison and Cynthia Ferm, Tax Map/lot #12/69 & 12/70.
The Chairman noted that he and the Secretary would sign the plans after the meeting.
9. Letter dated March 7, 2004, from Bill Drescher, Esq., to Nicola Strong, Planning Coordinator, Re: subdivision, document review, South Hill Commons/Pearson Lane, Tax Map/Lot # 13/42, for the Board’s review and discussion.
The Coordinator stated that the Board could vote to release the whole letter to Rick Martin if they deemed it appropriate. Items had been delivered to Bill Drescher, Esq., without the Coordinator’s knowledge of what was included, otherwise she would have said the information was unacceptable as the deed was incomplete and needed to be rewritten.
James Nordstrom MOVED to release the March 7, 2004, letter from Bill Drescher, Esq., to South Hill Commons representatives.
Christine Quirk seconded the motion and it PASSED unanimously.
10. Letter dated March 5, 2004, from Bill Drescher, Esq., to Nicola Strong, Planning Coordinator, Re: AT&T Wireless Services, document review, bond and landscape easement, for the Board’s review and discussion.
The Coordinator stated that Bill Drescher, Esq., had some suggestions for language to be added to the bond. Also there were no landscape easements and although AT&T Wireless Services claimed their landlords (Thompson) would provide this, the Coordinator still did not have them.
MISCELLANEOUS BUSINESS, cont.
Christine Quirk MOVED to release the letter dated March 5, 2004 from Bill Drescher,
Esq., to AT&T Wireless Services. Christopher Johnson seconded the motion and it PASSED unanimously.
11. Draft Memorandum dated March 24, 2004, from Nicola Strong, Planning Coordinator, to Dan MacDonald, Fire Chief and Board of Fire Wards, Re: request for comment on subdivision/site plans, for the Board’s review and discussion.
James Nordstrom said this memo looked most satisfactory and the Chairman agreed. The Board noted that this memo should be sent to the Fire Wards.
12. Letter dated February 24, 2004, from Dufresne-Henry, to Nicola Strong, Planning Coordinator, Re: AT&T Wireless Development construction monitoring estimate, for the Board’s review and discussion.
The Chairman suggested 25% cost be added to this estimate. The Coordinator commented that this situation was on going. A site walk was done by Amy Alexander of Dufresne-Henry, Dave Woodbury, John Riendeau and James Burgess of AT&T along with an engineer. During the site walk, Amy Alexander noticed wetlands flagging done by Thibeault Corp. for their project and there was now an issue with an intermittent stream that crossed Wilson Hill Rd. This stream needed to be filled and rerouted down the side of Wilson Hill Road. The Planning Board was still waiting for engineered plans and a host of ongoing issues remained. The Chairman suggested the estimate be sent back to Amy Alexander stating that the cost estimate was not realistic until the
plans were complete. James Nordstrom asked about the approval status. The Coordinator stated the approval was extended on precedent conditions until July 2004.
13. Copy of Memorandum dated February 27, 2004, from Burton Reynolds, Town Administrator, to Board of Selectman, Re: Vista Road, Thibeault Subdivision Road, for the Board’s information.
The Coordinator stated that this letter summarized the conversations between Town Administrator, Burton Reynolds and Bill Drescher, Esq., stating that subdivision plans could be denied even if they were designed per regulation if the Board had serious issues with road requirements or if Dufresne-Henry, Inc., said certain requirements were not being met.
14. Copy of letter dated March 5, 2004, from Thibeault Corporation, to John Riendeau, Town Road Agent, Re: proposed Hutchinson Road, committee comments, for the Board’s information. (Plans will be available at the meeting).
Christine Quirk commented that this letter basically dealt with the questions the Road
MISCELLANEOUS BUSINESS, cont.
Committee had for the applicant which had been reviewed during tonight’s hearing.
15. Copy of letter dated February 19, 2004, from Ron Johnson, Vice Chair, Piscataquog River Local Advisory Committee, to Commissioner Michael Nolin, Department of Environmental Services, Re: Thibeault, Inc, Inkberry Road violations, for the Board’s information.
The Coordinator stated she had not seen a response from DES and that the last time she spoke with Ridgely Mauck at Site Specific, he stated this next phase would be reviewed more
closely. Bob Furey asked if the same organization had made formal comments on the Vista Road project as well. The Coordinator replied they had.
16. Copy of letter dated February 25, 2004, from DES Wetlands Bureau, to RJ Moreau Co, Re: Standard Dredge & Fill Application for Tax Map/Lot #6/39 & 45, Inkberry Road, for the Board’s information.
The Coordinator explained that a Conditional Use permit would be needed for these lots. She noted that the Conservation Commission had conducted a site walk and that Lot 39 needed more wetlands mapping as the area was larger than was originally stated.
17. Letter dated March 9, 2004, from Thibeault Corporation, to Nicola Strong, Planning Coordinator, Re: Inkberry Road startup, for the Board’s review and discussion.
The Coordinator stated she had received a fax from Bill Rosignol of Holden, which detailed the estimates to complete inspections, specifically, a punch list for the site in the spring, final paving coats and inspections with the town. The estimate was $5,000.00 to do this.
The Coordinator noted the numbers of inspections had increased from 18 to 30 and more money had been spent than originally estimated.
18. Copy of letter dated March 3, 2004, from David Walker, Bedford Design Consultants, to Amy Alexander, Dufresne-Henry, Re: Hammer Head Design/Waldorf Estates-Phase III, for the Board’s information.
The Coordinator stated that this item related to the next item (#19).
19. Letter dated February 24, 2004 from Amy Alexander, Dufresne-Henry, to Nicola Strong, Planning Coordinator, Re: Waldorf Estates Phase III, temporary Hammerhead, for the Board’s review and discussion.
The Coordinator stated that Bedford Design had proposed a hammer head turnaround for
Foxberry Drive, and wanted to do this in between two phases of the construction in order to get
MISCELLANEOUS BUSINESS, cont.
their building permits started. Amy Alexander of Dufresne-Henry, Inc., wanted to know how
this fit into their construction schedule. Bedford Design replied to Amy Alexander and she was now satisfied with this proposal. The Board noted that Bedford Design Consultants should be informed that the proposal was acceptable.
20. Copy of letter dated March 2, 2004, from the Board of Selectman, to Mr. Morgan Hollis, Gottesman & Hollis, Re: Waldorf Estates, Foxberry Drive, for the Board’s information.
The Coordinator stated that since this letter, someone had been stopped on the property. This had become an issue and the State Police were involved. The Coordinator had given information to the State Police: copies of minutes from the town meeting when the road was accepted, copies from “A Hard Road to Travel” which explained the dedication and acceptance process, file copies showing when the initial paving was done, a Completion Requirements checklist from 1988, and documents detailing the money needed to finish the road and
acceptance by the Selectmen in 1993. The Coordinator added she kept copies of everything given to the State Police trooper for the file.
The Chairman noted that the town owned the road and John Bunting was illegally detained, asking who called the State Police. The Coordinator replied that Joe Foistner called the State Police. The Chairman asked if the Selectmen had received a response to their letter dealing with this issue. The Coordinator said no response had been received from the developer’s lawyer. Christine Quirk remarked that the Town attorney would be going to court to file an injunction against this party, and noted that the applicant had also applied to the Board of Selectmen for a trailer on the site.
21. Copy of letter dated March 10, 2004, from Linda Ray Wilson, New Hampshire Division of Historic Resources, to Jason M. Roback, ATC Associates, Inc, Re: Proposed Telecommunications Collocation, 281 Wilson Hill Road, New Boston, NH, for the Board’s information.
The Coordinator commented that this was the first notice the Town had that more antennas would be added to the proposed tower on Wilson Hill Road.
22. Copy of letter dated March 10, 2004, from Linda Ray Wilson, New Hampshire Division of Historic Resources, to Jason M. Roback, ATC Associates, Inc, Re: Proposed Telecommunications Tower, Cochran Hill Road, New Boston, NH, for the Board’s information.
The Coordinator stated that this issue was causing some discontent in the neighborhood, because the initial proposal had been for the Cardone property but it was her understanding that opponents of that proposal, the Van Tassells, were now going to apply for the tower on their lot. She noted that this was the first notice the Town had that an application might be forthcoming.
MISCELLANEOUS BUSINESS, cont.
23. Copy of letter dated March 9, 2004, from Arlene Allen, DES Wetlands Bureau, to Joseph and Cora Trimbur, Re: Wetlands Bureau complaint, 127 Helena Drive, Tax Map/Lot # 3/2, New Boston, NH, for the Board’s information.
24. Copy of letter dated February 26, 2004, from Amy Alexander, Dufresne-Henry, to David Walker, Bedford Design Consultants, Re: Waldorf Estates Phase III, driveway, Tax Map/Lot 8/84-38, for the Board’s information.
The Coordinator stated she had not heard of any progress on this. The Chairman suggested Amy Alexander be contacted.
25. Daily road inspection reports dated January 26th, January 28th, February 2nd, February 5th, February 9th, February 10th, February 11th, February 12th, February 13th, February 16th, February 18th, February 19th, February 20th, February 23rd, February 24th, February 25th, February 26th, February 27th from Dufresne-Henry, Re:
Waldorf Estates, for the Board’s information.
The Chairman asked who had done the site walks. The Coordinator replied that the
inspector was Seth Potter. The Chairman thought it interesting that Dufresne-Henry, Inc.’s access was not denied.
26. Daily road inspection reports dated January 29th, February 2nd, February 9th, February 13th, February 17th, February 18th, February 19th, February 20th, February 23rd, February 24th, February 25th, February 27th from Dufresne-Henry, Re: Highland Hills, for the Board’s information.
The Chairman asked how progress was going on this development. The Coordinator replied it was going well, although more ledge was encountered and the developer’s self imposed deadline for paving might not be met.
27. Letter dated February 26, 2004, from Michael Castagna, Chairman, Plan NH, to Nicola Strong, Planning Coordinator, Re: Charrette proposal, for the Board’s information.
28. Fax received March 2, 2004, to Nicola Strong, Planning Coordinator, from Dufresne- Henry, Re: New Boston under-drain detail, for the Board’s information.
The Coordinator stated this was an FYI as to what John Riendeau wanted to see going forward for subdivision regulations. The Chairman asked how this was to be updated. The Coordinator replied that a public hearing was required. She added that proper legal notice for the hearing was required.
MISCELLANEOUS BUSINESS, cont.
29. Memorandum dated March 2, 2004, from Nicola Strong, Planning Coordinator, to Burton
Reynolds, Town Administrator, Board of Selectmen, Planning Board, Re: Michele Brown, Planning Board Assistant, probation period ending, for the Board’s information.
30. Letter dated March 2004, from US Environmental Protection Agency, to Municipal Officials, Re: new Federal requirements dealing with storm water and construction activity, for the Board’s information.
The Coordinator explained that this is what was sent to the Building Dept and most likely the Selectmen’s Office, detailing requirements for SWPPP plans. This was what Bob Todd, LLS, had been working with and it did seem to work well for satisfying the Town’s Erosion and Sediment Control requirements.
31. Email copy dated March 10, 2004, from Bob Landman, to Seacoast Newsletter, Re: N.H. population aging, for the Board’s information.
32. Article copy from Land and Water January/February 2004 issue, Re: design for steep embankments, for the Board’s information.
33. Read File: Email dated March 12, 2004, Re: Town articles on open space funding.
34. Read File: Copy of notice of decision dated March 8, 2004, from Burton Reynolds, Town Administrator, Re: Town taking ownership and responsibility for Moss Road.
35. The minutes of January 20, 2004 and February 10, 2004, were distributed for approval at
the meeting of April 13, 2004, with or without changes.
36. Endorsement of a Site Review Agreement for Kristi and Paul Citak, Tax Map/Lot #2/47, by the Planning Board Chairman.
The Chairman noted that he would sign this agreement after the meeting.
37. Copy of the Declaration of Limitation of Municipal Liability for Tax Map/Lot #6/41-45, Inkberry Road, for the Board’s review and discussion.
The Coordinator commented that she had received many phone calls from the developer’s lawyer regarding documentation on this item and had sent him the minutes of the Planning Board discussions that dealt with this. The issue was that the driveway on this lot ran through the Town’s easement and that the Town could be held liable for damages to the driveway.
The Board decided that the revised document should be sent to Bill Drescher, Esq., to see
MISCELLANEOUS BUSINESS, cont.
if he thought it was appropriate
38. Copy of a letter dated March 17, 2003 from State of NH, Department of Environmental Services, to Timothy V. Trimbur, Re: wetlands bureau complaint at 127 Helena Drive, Tax Map/Lot #3/21-1, for the Board’s information.
The Chairman asked if they could find out who the complainant was. The Coordinator replied that she believed that information was kept confidential by the DES.
39. Copy of the Zoning Board of Adjustment minutes of March 16, 2003, Re: Right Way Builders, Rick Martin, Pulpit and Bedford Roads, Tax Map/Lot #12/65, for the Board’s information.
The Coordinator stated this dealt with the denial of variance which was the reason for not coming to their scheduled hearing tonight.
40. Research on Fiscal Impact Studies.
The Coordinator presented the Board with research she had done regarding Fiscal Impact Studies. While all studies recently received by the Board showed a positive impact to the town, she felt it was unrealistic to think that the combination of multiple subdivisions coming in at the same time could always have such a positive effect and thought that the way the standard studies were done needed to be scrutinized more closely to present a truer picture. The Coordinator added that possibly a third party could be hired to review the studies as a whole.
Travis Daniels noted that some developments had started working together on information gathering such as this and, asked if the studies could be extended out 5 to 10 years ahead instead of simply the first year. This would give a better impact picture. The Coordinator added that a town wide impact study could be done also, which could result possibly, in impact fees or ordinances that included phasing, but as it stood now, these studies were not much use to the Town.
James Nordstrom added that if the studies showed a net balance in revenues that would be fine, however, what would the course of action be if the study showed a deficiency. Should the Town seek compensation from developer in that case. James Nordstrom expressed concern over having no trustworthy baseline for this information and the Planning Board also had no means to question the validity of the studies.
When the Chairman asked what a good solution would be, the Coordinator offered that the Town could be better served by a town wide study and a means to have impacts tied into an ordinance or growth management regulation, building permit cap per year or impact fees. Regardless of the choice, a consultant's fee for this type of research could be approximately $20,000.00 but it would be worth the cost to have a true baseline that could be followed.
MISCELLANEOUS BUSINESS, cont.
James Nordstrom asked if the requirements were pretty general in these studies. The Coordinator replied that they were vague and the Chairman added that the base numbers for beginning the process of calculation seemed erroneous (i.e. #of houses, # of family members,
# of children attending school).
Bob Furey questioned if State statute contained information on moratoriums on building permits. The Coordinator replied that the developments would have to be causing an emergency situation by stressing the town’s facilities and that was not the case. The Chairman read excerpts from a recent fiscal study dated 10/01/03 which stated the New Boston Central School, Goffstown Middle School and Goffstown High School were approaching their saturation point in student capacities. Travis Daniels commented that this report tied in with his prior thoughts on expanding the impact studies out more years than just one.
41. New Boston Speaks conference is April 2nd and 3rd.
The Coordinator encouraged as many Board members as possible to attend this important
event.
42. The Coordinator’s Maternity Leave.
The Coordinator stated she thought her maternity leave would begin at the beginning of September and wanted to start preparing coverage for certain tasks she performed. More coordination between the Planning Board and the office would be required with one or two members acting as liaisons to Michele Brown. The Southern New Hampshire Planning Commission had given permission for Michele to call with any questions. Although Michele was very adept at handling the daily office routines, there were still certain tasks that she was not as familiar with such as preparing for meetings, correspondence, site walks (although she would be attending them in the Coordinator’s absence), cover sheet preparations and plan reviews. Dufresne-Henry, Inc., said they
could do plan reviews at $80. There was some confusion as to if this was per plan or per hour and the Coordinator stated she would check on that.
The Coordinator added that the Board may benefit from one additional meeting each month without hearings to better organize these tasks. She noted a liaison would also be required to make certain appropriate responses were returned on certain correspondences that came into the office.
James Nordstrom stated he would be able to somehow help out and the Chairman added he was readily reachable via email.
The Coordinator needed to approach the Selectmen’s Office to decide on the length of her leave but preferred September to year end and return to work in January 2005.
The Board stated that they would pitch in and help as needed.
At 11:10p.m., Christopher Johnson MOVED to adjourn the meeting
Christine Quirk seconded the motion and it PASSED unanimously.
Respectfully submitted by Suzanne O’Brien, Recording Clerk Minutes Approved: 4/27/04
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