New Boston, NH - Planning Board Minutes 05/11/04

Planning Board Minutes 05/11/04

The meeting was called to order at 7:00 p.m. by Chairman Peter Hogan. Present were regular members James Nordstrom and Travis Daniels; ex-officio Christine Quirk; and, alternate Don Duhaime. Also present was Planning Coordinator Nicola Strong.

Present in the audience, for all or part of the meeting, were Brandy Mitroff, Todd Connors, PE, Steve April, Rob Camaan, Bob Todd, LLS, Joseph Swiezynski, Victor Parrish, Kevin and Jenny Bourgeois, Patty Gale, Paul Nett, Jacqui and Jeffrey Fillmore, Keith O'Halloran, Donna Duldulao, Andre Olivier, Tracey Tebo, John Wawrzyniak, Mike Dahlberg, LLS, Paul Sizemore, Harlan Hadley, Richard and Annrose Freeman, Tom Noel and Barbara Stewart, Mark Moser, PE, Wayne Charrest, Barry Charrest, Jim & Claire Dodge, Heather & Kim Dane, Laurel Flax, and Julie Dillon.

CLARK HILL REALTY, LLC Adjourned from 04/13/04

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. Present for the applicant were Steve April and Rob Camaan. Todd Connors, PE, was also present. No abutters were in attendance.

The Chairman noted that the Board had not yet heard in writing from Town Counsel, but he had verbally informed the office that subdivision would be needed for the condominium project and that the no further subdivision restriction was a private covenant that was not enforceable by the Town. Todd Connors, PE, thanked the Chairman for the "heads-up" on these issues. He noted that he was interested in moving to a final application, and pointed out that he did not intend to make any changes to the plans until he submitted them as final at which time they would include any changes that he had discussed at the last Planning Board meeting. Todd Connors, PE, asked if the Board had to vote to move the application to final. The Chairman stated that the Board would work with the applicant to the point that both sides thought they were ready for final.

Todd Connors, PE, asked if there was anything that had not been submitted or that the Planning Board wanted resolved before the application was submitted as a final. James Nordstrom did not think there were any unresolved issues relative to the site, only the legal document review issues. The Chairman thought that more detail was needed regarding the water supply. Todd Connors, PE, stated that he could submit further documentation with the final application.

Todd Connors, PE, stated that he intended to meet with the Fire Wards to discuss the issues that they had raised. He noted that their comments on the sprinklers, cistern and driveway geometry were all acceptable. He went on to say that the Coordinator had checked into the request that the building be two six-unit buildings rather than one large building and the answer was that the buildings had to be joined by a roof. He noted that he would submit plans that showed two six-unit buildings with a 20' space between them connected by a covered porch area

CLARK HILL REALTY, LLC, cont.

or similar. The Board questioned this item, noting that the Zoning Ordinance required that the building be one building. The Coordinator clarified that she had addressed this situation with Dennis Sarette, Building Inspector and Code Enforcement Official, who determined that two six-unit buildings connected by a roof would meet the intent of the ordinance.

Todd Connors, PE, next noted other of the Fire Wards' comments to do with the need for an annunciator panel connected to a fire alarm. He noted that many of the issues were to do with life safety and fire code and he had a slightly different interpretation of the requirements. Todd Connors, PE, stated that he would clarify these issue with the Fire Wards.

Todd Connors, PE, next noted that he would also be arranging to meet with the Board of Selectmen regarding the land on Old Coach Road that was in dispute.

Todd Connors, PE, noted that his next step would be to tidy up the remaining housekeeping items with the plan and application, get Town Counsel's written response and come back for one last work session before submitting as a final application. He asked if the plans could be sent to the town's consulting engineer at this point. The Board stated that plans would not be sent to the engineers until a final application was accepted as complete.

James Nordstrom MOVED to adjourn the hearing for Clark Hill Realty, LLC, Tax Map/Lot #8/118, Clark Hill Road, Non-Residential Site Plan Review, Multi-Family Development, to June 8, 2004, at 7:30 p.m. Travis Daniels seconded the motion and it PASSED unanimously.

There being time before the next scheduled hearing, the Board moved on to Miscellaneous Business.

MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF MAY 11, 2004

1. Approval of minutes of June 10, 2003, and April 13, 2004, with or without changes. (Distributed at the April 27^th meeting.)

Christine Quirk pointed out that on page 13 of the April 13, 2004, minutes to do with the hearing for the Friendly Beaver Campground, only one of the parties listed as abutters actually abutted the campground. The Coordinator suggested that the words "and interested parties" could be added to describe the other people that were present. The Board agreed.

James Nordstrom MOVED to approve the minutes of June 10, 2003, as written and April 13, 2004, as amended. Travis Daniels seconded the motion and it PASSED unanimously.

2. The minutes of April 27, 2004, were distributed for approval at the meeting of May 25, 2004, with or without changes.

MISCELLANEOUS BUSINESS, cont.

3. Driveway Permit Applications for Seff Enterprises & Holdings, 3 Foxberry Drive, Tax Map/Lot #8/84-32, 8/84-33, 8/84-34, 8/84-35, 8/84-36, 8/84-37, 8/84-38, 8/84-43, 8/84- 44, for proposed driveway, for the Board’s action. (Board to drive by prior to meeting.)

The Coordinator noted that Dave Walker, PE, the design engineer for the project, had told her that he would have the lot development sketches for each of the proposed driveways as listed ready for this meeting. He did not have them prepared, however, so had called to request that the permits that did have lot development sketches be approved at this time and the rest would be done at a later date.

The Planning Board reviewed the lot development sketches for Lots #8/84-36, -37 & -38. There were serious concerns from the Board regarding what would happen if the houses were built in locations other than that shown in the sketches. It was noted that changing the house location could impact the geometry of the driveway considerably. It was also noted that while the sketches were labeled "non-binding" the Board needed to make those sketches part of the approval to ensure that the driveway would be built in the location shown. Any changes from the layout of the driveway during construction would have to come back to the Board for approval. The Chairman noted that the Planning Board would be reviewing the driveway installation to determine compliance with the approved permit and plans.

James Nordstrom MOVED to approve Driveway Permit Applications for Seff Enterprises and Holdings, LLC, with the standard Planning Board requirements: 1) two inches (2") of winter binder (pavement) shall be applied to the driveway to a minimal distance of twenty-five feet (25') from the centerline of the road; 2) the driveway shall intersect with the road at an angle of 60 - 90 degrees; and, 3) the driveway intersection with the road shall be joined by curves of twenty foot (20') radii minimum. In addition the two following stipulations will apply: 1) the driveway construction must be in accordance with the plans attached, dated 9/27/02, which depict the driveway location, grading, and house location. Any significant deviation in the field shall require resubmittal to the Planning Board; and, 2) the Planning Board or its agent shall inspect the driveways for compliance. Christine Quirk seconded the motion and it PASSED unanimously.

James Nordstrom asked that the Coordinator emphasize to the applicant that the Planning Board would be inspecting the driveways after construction to confirm compliance with the approved permit and plans.

4. A copy of a letter dated April 27, 2004, from Nobis Engineering, Inc, to Amy Alexander, Dufresne-Henry, Inc, Re: Waldorf Estates-Phase III retaining walls, was distributed for the Board’s review and discussion.

5. Memorandum dated May 5, 2004, from Nic Strong, Planning Coordinator, to Burton

MISCELLANEOUS BUSINESS, cont.

Reynolds, Town Administrator, Board of Selectmen, John Riendeau, Road Agent, Dan MacDonald, Fire Chief, Greg Begin, Police Chief, New Boston Road Committee, Re: Vista Road, LLC, Road Design Concerns, for the Board’s review and discussion.

The Coordinator noted that she had written this memo to give the listed departments an idea of how to present their concerns to the Planning Board on Vista Road, LLC's plans, so that the questions and concerns could be passed on to Dufresne-Henry, Inc., during their plan review. James Nordstrom noted that this was an excellent idea.

6. Memorandum dated May 6, 2004, from Nic Strong, Planning Coordinator, to Peter Hogan, Chair, Planning Board, Re: New Boston Master Plan Steering Committee, for the Board’s review and discussion.

The Coordinator noted that two Planning Board members would have to volunteer to be members of the Master Plan Steering Committee by May 31, 2004, so the details could be discussed at the May 25, 2004, meeting.

7. The Daily road inspection reports dated March 29^th, April 5^th, April 9^th, April 13^th, April 20^th, and April 22^nd, from Dufresne-Henry, Re: Highland Hills, were distributed for the Board’s information.

8. The Daily road inspection reports dated March 30^th, April 7^th, April 8^th, April 9^th, April 12^th, April 13^th, April 19^th, April 20^th, April 21^st, April 22^nd, and April 23^rd, from Dufresne-Henry, Re: Waldorf Estates Phase III, were distributed for the Board’s information.

9a. Letter dated May 5, 2004, to the Board, from Thomas A. Welch, Hobbins & Gardner, LLC, Re: AT&T Wireless Services, Inc.’s request for extension for the Town Hall cell tower application, for the Board’s review and discussion.

9b. Letter dated May 6, 2004, to the Board, from Thomas A. Welch, Hobbins & Gardner, LLC, Re: AT&T Wireless Services, Inc.’s request for extension for all their cell tower applications in New Boston, for the Board’s review and discussion.

The Coordinator noted that these letters indicated that AT&T were requesting that the deadlines for their applications that were currently pending be extended by 90 days. She noted that the letters specifically referred to the Wilson Hill Road and the Town Hall cell towers, which both still had outstanding conditions precedent. The deadline for complying for those two sites was June 1, 2004. The Coordinator noted, however, that AT&T were working on the conditions subsequent for the cell tower on the Dodge property. The deadline for that site was

July 1, 2004. She suggested that the Board grant a 90 day extension to all three applications

MISCELLANEOUS BUSINESS, cont.

from the latest pending deadline of 7/1/04. This would make the new deadline October 1, 2004.

The Board agreed that an extension would be granted but noted that this would be the only extension and if, for some reason, AT&T could not meet the new deadline, a representative would be required to attend a Planning Board meeting to explain why.

James Nordstrom MOVED to grant the extension requested by AT&T to the deadline for compliance with the conditions precedent to the approval of the cell tower applications for Wilson Hill Road and the Town Hall and the conditions subsequent to the approval of the application for the Dodge property to October 1, 2004. The one stipulation is that this is a one extension process and per the Planning Board's discussion, should AT&T not be able to fulfill the conditions by that date, a representative for the company must appear in person before the Board to explain why. Christine Quirk seconded the motion and it PASSED unanimously.

13-15 HOPKINS ROAD, INC (APPLICANT) Adjourned from 04/13/04

SWIEZYNSKI, JOSEPH (OWNER)

Work Session/Design Review

Major Subdivision/9 Lots

Location: Salisbury & Hopkins Roads

Tax Map/Lot #13/15

Residential-Agricultural “R-A” District

The Chairman read the public hearing notice. Present was owner Joseph Swiezynski and his surveyor Bob Todd, LLS. Abutters and interested parties present were Victor Parrish, Kevin and Jenny Bourgeois, Patty Gale, Paul Nett, Jacqui and Jeffrey Fillmore, Keith O'Halloran, Donna Duldulao, Andre Olivier, Tracey Tebo, and John Wawrzyniak.

The Chairman noted the number of people in the audience and explained the procedure for addressing the Chairman with any questions, and asked everyone to identify themselves for the record when they were called upon. He then asked Bob Todd, LLS, for his presentation.

Bob Todd, LLS, explained that this application was in the design review stage for a 9 lot subdivision at the intersection of Salisbury and Hopkins Roads. He noted that the site was approximately 30 acres and explained the topography and wetland layout on the property. He went on to say that of the nine lots proposed two would front on Hopkins Road, one would front on Salisbury Road and the rest would front on the proposed new road. Bob Todd, LLS, stated that the new road would be approximately 300 - 350' in length.

Bob Todd, LLS, stated that the applicant had received State Subdivision Approval for the project. He also stated that the applicant had submitted a traffic study and a fiscal impact report to the Board. He noted that the traffic study had been submitted since the last work session, and summarized its findings by noting that the intersection functions of the major intersections studied would not be impacted by this subdivision. Bob Todd, LLS, stated that the intersections included in the report were Salisbury/Hopkins Roads and Hopkins Road/2^nd NH Turnpike. He

13-15 HOPKINS ROAD, INC. cont.

noted that the report recommended the installation of a stop sign at the Salisbury/Hopkins Road intersection and that Salisbury Road be upgraded. Bob Todd, LLS, noted that there had been a site walk on Salisbury Road attended by himself, the applicant, the Selectmen, Town Administrator, and Road Agent. The Coordinator distributed a memo received that day from the Town Administrator regarding the items agreed to by the Board and the applicant. Bob Todd, LLS, began by reading the memo from the Town Administrator, but elaborated in certain areas. The agreement reached between the applicant and the Selectmen was that Mr. Swiezynski would dedicate a 25' strip parallel to the centerline of Salisbury Road, the length of his property's frontage, for road improvements, would clear and stump that strip, would remove some trees on Hopkins Road for sight distance, and would shave an existing knoll on Salisbury Road to the north of the proposed Harding Lane to get approximately 400' of sight distance. Bob Todd, LLS, referred to the memo again, noting that the specifics of the project would be provided by the Road Agent, and the improvements described would be done at the applicant's expense.

Bob Todd, LLS, next noted that the soils types were Order 1 soils as defined by DES Administrative Rules and were the best for building with a high infiltration rate. He also noted that there were no problems with interference with the water table, in fact, lawns in the area might be hard to grow due to the well drained soils. He noted that the proposal was for duplex development and the sewage loading was proposed at 1,200 gallons per day. Bob Todd, LLS, explained that the applicant was not in the business of lot development himself and would be looking to sell the lots only. He further noted that the applicant wanted the duplex design as a marketing tool. Bob Todd, LLS, stated that the applicant thought the market would dictate the style of building that would take place on the lots and he would not restrict that in any way. He further stated that the applicant had no plans to phase the project, noting that the market demand would spread the development out over a period of years anyway.

Bob Todd, LLS, pointed out one interesting land feature on the property, a kettle hole that was formed when a chunk of ice came off the glacier and sand and gravel that was deposited around that chunk caused a sinkhole. He noted that there was a small wetland in the bottom of the hole with sedges and blueberries in evidence but no standing water. He also noted that the steep side slopes provided a natural physical attraction for building to be sited around the edges.

The Chairman commented that this feature should be protected somehow. Bob Todd, LLS, initially thought that the steep slopes themselves would prevent people from building on them, but thought that it could provide an easy area for a dump, noting that he had seen similar areas in the past where vehicles had been rolled down in the hole. The Chairman thought that this feature warranted some protection from dumping and disturbance. He thought that Bob Todd, LLS, could work out some kind of creative protection mechanism as he had with the area on Pearson Lane. James Nordstrom agreed, noting that a deed restriction or covenant with an accompanying note on the plan would probably be appropriate. The Chairman wondered if the Town could enforce the restriction, but Bob Todd, LLS, noted that an easement would need to be monitored by whoever accepted said easement. James Nordstrom thought that a 50 - 75' non-disturbance buffer around the kettle hole, cited in the individual deeds and shown graphically on the plan would serve the purpose. Bob Todd, LLS, agreed that a covenant would be the most

13-15 HOPKINS ROAD, INC., cont.

practical way to handle the issue. Joseph Swiezynski stated that he would not want to limit people from cutting trees in the area and noted that he would discuss the matter with Bob Todd, LLS, and present something that would be acceptable to the Board.

The Chairman asked if any abutters or interested parties had questions. Victor Parrish stated that he had lived on Hopkins Road for 10 years and he had only seen a police presence three times during those years. He was concerned that having the neighborhood double in size, when the town had not approved a new cruiser at the past town vote, and when the development was proposed for duplexes which had a certain reputation for the renters not taking great pride in their residences, would have a great impact on the existing residents. He further noted that when Hopkins Road was recently paved the speed of traffic had doubled and he was concerned from a safety point of view with the increased traffic. Victor Parrish asked if the town was prepared to do what was necessary in terms of police and fire services, noting also that duplex development increased the odds of fire.

The Chairman explained that the Planning Board had to compare the application presented to them against the current town Zoning Ordinance. He noted that if the applicant was able to safely meet all the requirements of the Zoning Ordinance, the Planning Board did not have a lot of choice but to approve the application, no matter how much the neighbors did not like the idea of the development. He went on to say that it should be anticipated that property will be developed over time and reiterated that the development had to be done within the provisions of the Zoning Ordinance while also being as safe and attractive as possible.

James Nordstrom stated that he would be curious to get a response from the Police Department to Mr. Parrish's question as to whether the Police Department would be able to provide adequate protection to an area such as this. The Chairman noted that input would be received from all departments and that input would be factored into the Board's decision. In response to a question from Victor Parrish, the Chairman introduced the Planning Board members.

Kevin Bourgeois stated that he agreed with Victor Parrish's concerns and asked why the development was proposed as duplexes. The Chairman pointed out that this was the choice of the applicant who thought this was a niche market to develop. Patty Gale asked if there was a way to limit the size of the duplexes since they would appear to be out of character with the neighborhood. The Chairman noted that there was no size restriction contained in the Zoning Ordinance. Patty Gale went on to ask about the need for a cistern. The Chairman stated that the development would be sprinklered.

Patty Gale next asked about the traffic count. Bob Todd, LLS, referred to the traffic study prepared by Laurie Rauseo, PE, and noted that there would be 20 trips per day in the evening peak hour expected from the development, and 17 trips per day in the morning peak hour at a duplex buildout. In response to questions from the audience it was noted that a trip was one-way. Bob Todd, LLS, went into greater detail regarding the trips per day calculation, noting that Laurie Rauseo had referred to the ITE trip generation manual to calculate that there would be 100 entries and 100 exits to and from the development on an average weekday. Patty Gale thought that 20 additional trips per day was considerable for the existing neighborhood and asked

13-15 HOPKINS ROAD, INC., cont.

if the Board could request a buffer around the development. Bob Todd, LLS, stated that this was not a site plan and no landscaping was either required or proposed. The Chairman pointed out that the Board did not have requirements on what the building should look like either.

Patty Gale asked why the subdivision was not proposed with an open space concept. Bob Todd, LLS, stated that was not the applicant's preferred choice of subdivision style. Patty Gale stated that she worked in the Goffstown Planning Department and thought that New Boston would benefit from more open space developments. She stated that she was surprised to see that duplexes were allowed on the same size lots as single family dwellings and thought the minimum duplex lot size should be three acres.

The Chairman pointed out that the ideas being expressed for changes to Zoning Ordinance requirements would be beneficial to the Master Plan update committee and suggested that those interested audience members become involved in that process. He explained that the Master Plan was the backbone to the ordinances and regulations in town and the first step to making sweeping changes was to change the Master Plan.

Patty Gale asked if there was a required wetland setback. The Chairman explained that one had been worked on but had never passed the Board vote to make it to the ballot, citing the fact that there seemed to be only arbitrary setback measurements proposed. He noted that the Planning Board had been successful in getting applicants to agree to buffers during the subdivision process.

Patty Gale did not think that duplexes would be built on this property because of the distance from town. James Nordstrom stated that the bottom line was that the land was zoned to allow for duplex development, as was all Residential-Agricultural land in town. Paul Nett asked if there was any way to reverse that ordinance. James Nordstrom explained that a petition to change the Zoning Ordinance would be required to be voted on at the ballot vote in March.

Jacqui Fillmore asked about the driveways to the development, wondering if there would be a driveway to each unit and if adequate parking would be provided for cars on the property. Bob Todd, LLS, stated that there would be one driveway to each lot but the parking area could be common. The Chairman stated that they would have to be designed to be saleable. Jeffrey Fillmore stated that three of the lots appeared to be non-conforming in terms of frontage and the building square requirements. Bob Todd, LLS, stated that the lots met all the Zoning Ordinance requirements for frontage. The Chairman pointed out that the 200' square was a frontage tool not a building envelope.

Keith O'Halloran asked when the traffic study was performed and whether or not gravel trucks were running at the time. The Coordinator noted that the engineer who had performed the study had contacted Granite State Concrete to find out what the average number of trucks would be. This was greeted with skepticism by the audience members as to whether or not accurate numbers would have been contributed by Granite State. Patty Gale stated that ordinarily trucks were lined up outside the pit at 7:00 a.m. Keith O'Halloran stated that he had similar concerns as Victor Parrish about the police presence, noting an incident when he reported activity in the pit late at night and called the New Boston Police Department who referred him to the Mont Vernon

Police Department. He stated that no one came out and all the loader windows were broken that

13-15 HOPKINS ROAD, INC., cont.

night. He noted that they were isolated in that area of town.

Victor Parrish returned to the phasing question, asking why the applicant would not be phasing the implementation of the project. Bob Todd, LLS, stated that the applicant thought the market would determine the phasing of the project. Victor Parrish stated that the lots could in fact all be sold on the same day. He asked if the applicant could be forced to phase. The Chairman stated that the Board had asked him if he was willing to phase and the applicant stated that he was not.

Donna Duldulao asked how in the future the neighborhood could put up a fight against something like this proposed subdivision. Mrs. Bourgeois asked why she had not received notice of the hearings. It was explained that she was not a direct abutter to the property in question.

Patty Gale asked about wildlife impact from the subdivision on the deer and turkeys, for example. She noted that this was a sensitive area to wildlife. Bob Todd, LLS, explained that the best way to provide for wildlife in town was to identify corridors with natural attributes like wetlands, streams, ridge paths, etc., that were on large parcels of land. He noted that it was by linking those large undeveloped parcels of land together that wildlife habitat could be protected, not by stopping residential development on 30 acre parcels. Bob Todd, LLS, stated that in his personal opinion, all residential development should be as clustered groupings of buildings with open space protected.

Andre Olivier stated that the neighbors felt powerless because it seemed that the Board was just accepting the application. He thought that everyone would be happy if the development was single family dwellings only. Don Duhaime asked if the Board could ask the applicant to have three or four lots be for single family only. The Chairman asked Joseph Swiezynski if there was any reason why the lots were all proposed for duplexes. Mr. Swiezynski stated that it was all for marketing, but noted that most inquiries so far had been for single family homes. He noted that the duplexes could be condexed in the future.

Tracey Tebo stated that the entire neighborhood was concerned with this development and asked if there was a way to have a special town meeting to change the ordinance. The Chairman thought that there was probably a way to do that but noted that it would be too late for this application. Mrs. Bourgeois asked what they could do to help stop other neighborhoods from having a terrible application like this one happen in the future. The Chairman reiterated that the Master Plan update committee would welcome additional assistance and recommended that they contact Brandy Mitroff for details. He again noted that the Master Plan had to lay out a vision for the whole town that would then be incorporated into regulations and ordinances. Brandy Mitroff offered to meet with interested parties in the lobby after the hearing.

John Wawrzyniak asked for further details on how the kettle hole would be protected. Bob Todd, LLS, stated that he had to discuss the matter with his client and would present an idea to the Board at a future hearing. John Wawrzyniak noted that he had not received notice of the hearing although he was a direct abutter, explaining that he lived on the Romano's old property. The Coordinator noted that at the time the abutters list was prepared the town's tax rolls did not have Mr. Wawrzyniak's name. She noted that a recorded deed would be required in order to make a change to the tax records.

13-15 HOPKINS ROAD, INC., cont.

Several abutters were interested in the sales price of the lots, however, Mr. Swiezynski was in negotiations with a potential buyer and declined to divulge the asking price of the lots.

Bob Todd, LLS, stated that it appeared the design review phase was over and asked the Board to consider approving the application for final consideration.

James Nordstrom MOVED to conditionally approve the concept of the preliminary plan for 13-15 Hopkins Road, Inc. by Joseph Swiezynski, Salisbury and Hopkins Roads, Tax Map/Lot #13/15, Residential- Agricultural "R-A" District, 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.) Christine Quirk seconded the motion and it PASSED unanimously.

SIZEMORE, MARILYN & RONALD (OWNERS) Adjourned from 04/13/04

SIZEMORE, PAUL (APPLICANT)

Submission of Application/Public Hearing

NRSPR Amend & Expand Existing Gravel Display/Sales for existing Truck &Auto Repair Business.

Location: NH Route 77 a/k/a Weare Road

Tax Map/Lot #5/29-1

Commercial “Com” District

The Chairman read the public hearing notice. Present were Paul Sizemore and Mike Dahlberg, LLS. Also present was abutter Harlan Hadley.

Mike Dahlberg, LLS, stated that he had not attended the site walk but had discussed the walk with the Coordinator. He noted that he had added a note regarding protecting as many trees as possible along the stone walls around the proposed display area to the east of the property. He also noted that he had added the parking spaces to the north of the driveway entrance in accordance with the already approved site plan.

The Chairman asked if there were any questions from the abutter. Harlan Hadley asked if the old road between the Sizemore property and the Hadley property was thrown up completely or subject to gates and bars. He wondered where the property lines were measured from. The Coordinator confirmed that the road was closed subject to gates and bars. Mike Dahlberg, LLS, stated that the property lines had been taken from a survey of the Hadley farm and other recorded plans that show the property lines down the center of the road. Harlan Hadley was also interested in where the buffer measurement started from. Mike Dahlberg, LLS, stated that there was to be a 25' buffer measured from the lot line in accordance with the town's Zoning Ordinance. He noted that within that buffer the vegetation would not be touched. He further

pointed out that the slope was a 3:1 and the setback was required to be 40', so there would be no

SIZEMORE, cont.

construction within 40' of the lot line.

James Nordstrom MOVED to accept the application of Ronald & Marilyn Sizemore (Owners) and Paul Sizemore (Applicant), for the expansion of existing gravel display/sales areas for an existing truck and auto repair business, N.H. Route 77 a/k/a Weare Road, Tax Map/Lot #5/29-1, Commercial "COM" District, as complete. Travis Daniels seconded the motion and it PASSED unanimously.

James Nordstrom had two observations from the site walk. He noted that he had been somewhat concerned with the proximity of the parking area to the residence to the east, but was now comfortable that the plans showed a buffer in compliance with the Zoning Ordinance requirements. His other observation was that it appeared that during winter snow plowing some materials had been inadvertently pushed into a small wetland area on the property that needed to be cleaned up. Paul Sizemore stated that he had done some work since the Board had been on-site and that was no longer an issue.

The Chairman asked about lighting. Mike Dahlberg, LLS, stated that Note #17 specified the type of lighting that would be used, and the detail was shown on sheet 3 of the site plan. The Chairman asked if this was intended as display lighting. Paul Sizemore stated that it was not, but would be used if he needed to access the areas at night. He noted that the lighting would not be automatic but would be switched.

The Chairman noted that the hours of operation were listed in Note #15. Mike Dahlberg, LLS, stated that the proposed hours were Monday to Friday, 7am to 9pm; Saturday, 7am to 6pm; and Sunday, sales only, 9am to 12noon.

James Nordstrom MOVED to approve the Non-Residential Site Plan Application by Paul Sizemore on land of Ronald & Marilyn Sizemore, Tax Map/Lot #5/29-1, N.H. Route 77 a/k/a Weare Road, to expand the gravel sales and display areas for an existing truck and auto business, subject to:

CONDITIONS PRECEDENT:

1. Submission of a minimum of four (4) revised site plans that include any and all checklist corrections and any corrections as noted at this hearing, all phasing has to be clearly delineated on the plan

2. Execution of a Site Review Agreement

The deadline date for compliance with the conditions precedent shall be May 25, 2004,

confirmation of which shall be an administrative act, requiring no 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.

SIZEMORE, cont.

CONDITIONS SUBSEQUENT:

1. All site improvements are to be completed as per the approved site plans.

2. The Town of New Boston Planning Department shall be notified by the applicant that all improvements have been completed, and are ready for final inspection, prior to scheduling a compliance hearing on those improvements, that should be done a minimum of three (3) weeks prior to the anticipated date of compliance hearing;

3. Any outstanding fees related to the site plan application compliance shall be submitted;

4. A compliance hearing shall be held for each phase of the project to determine that the site improvements for the individual phases have been satisfactorily completed, prior to releasing the hold on the issuance of any Permit to Operate/Certificate of Occupancy, or both, for that phase. No occupancy/use of any of the areas shall be permitted until the site improvements as noted have been completed, and a site inspection and compliance hearing held.

The deadline for complying with the Conditions Subsequent for the first phase of this project shall be November 30, 2004, the confirmation of which shall be determined at a compliance hearing for that phase. Each subsequent phase will be given a one year calendar period from the previously approved phase.

Christine Quirk seconded the motion and it PASSED unanimously.

R & A FREEMAN & M. NADOLNY, TRUSTEES Adjourned from 04/13/04

FREEMAN IRREVOCABLE TRUST

Public Hearing/Minor Subdivision/2 lots

Location: 240 Riverdale Road

Tax Map/Lot# 3/54

Residential-Agricultural “R-A” District

The Chairman read the public hearing notice. Present were Richard and Annrose Freeman, and Mike Dahlberg, LLS. Also present were abutters Barbara Stewart and Tom Nole.

Mike Dahlberg, LLS, submitted revised plans. He noted that Note #9 now reflected the discussion at the last hearing regarding no further subdivision. He also noted that the driveway location to proposed lot #3/54-1 had been shown on the plans. Mike Dahlberg, LLS, went on to say that draft copies of the deeds and declaration of covenants had been submitted, and the test pit log that was missing had now been supplied.

The Chairman noted that those at the site walk had concerns with the driveway being able to achieve a 3% negative grade 25' from the centerline of the road. He noted that the Planning Board would perform the final inspection to verify that the negative grade was in place.

The Chairman noted that a waiver request to the fiscal, environmental and traffic studies had been granted at the last hearing and the required written request had since been submitted. He next noted that the guardrail had been under discussion. Mike Dahlberg, LLS, stated that the

FREEMAN, RICHARD & ANNROSE, cont.

proposed guardrail would be replaced with a boulder barrier and the revised engineered plans would show that detail.

The Coordinator stated that the Road Agent had indicated his requirements on the driveway that day. She noted that he required a 15" culvert under the driveway and a 15" culvert under Riverdale Road. She further noted that the Road Agent would prefer to see 6" minus rock used in the stone check dams in the rip rap ditches alongside the driveway. Mike Dahlberg, LLS, stated that the Road Agent had met on-site with the contractor who would be constructing the driveway and these items had been discussed. He noted that there was no problem with these requirements.

Some discussion took place over the wisdom of diverting water from one side of Riverdale Road only to bring it back again in a cross culvert a few hundred yards further down the road. However, the Board deferred to the Road Agent's request. James Nordstrom suggested that the town may need to review the existing road crossing culvert as well, and the Chairman pointed out that he had looked at it and it appeared to be collapsing at the inlet.

The Chairman asked how long the proposed driveway was. Mike Dahlberg, LLS, stated that the driveway was between 250' and 280' from beginning to end. The Chairman asked who would monitor erosion control during the project, and whether or not Dufresne-Henry, Inc., should be involved. It was determined that the Road Agent would be inspecting the installation of the culvert under the road and could view the rest of the construction as well. It was also noted that the Planning Board would be conducting the final inspection prior to sign off.

It was noted that the legal documents would be sent to Town Counsel for his review.

Barbara Stewart asked about the potential for blasting the new well or cellar hole to disrupt her well. Travis Daniels responded from his experience in the blasting business that the amount of explosives used and the amount of material removed would not affect the Stewarts' property, although the process itself might be noisy. Mike Dahlberg, LLS, stated that he did not find any ledge when digging the test pit for the new leach field, so did not think this would be a problem.

James Nordstrom MOVED to approve the Subdivision Plat of Land of Richard and Annrose Freeman, Minor Subdivision, 2 Lots, on Riverdale Road, Tax Map/Lot #3/54, subject to:

CONDITIONS PRECEDENT:

1. Submission of a minimum of four (4) blue/blackline copies of the revised plat, and engineered driveway plan including any and all checklist corrections and any corrections as noted at this hearing;

2. Submission of a suitable mylar for recording at the HCRD.

3. Payment of any outstanding fees related to the subdivision application, including the cost of recording the mylar and legal documents at the HCRD.

4. Approval of the language of the Declaration of Covenants regarding no further subdivision and the easement deeds regarding the protective well radius and

FREEMAN, RICHARD & ANNROSE, cont.

septic system by Town Counsel, the cost of which review shall be borne by the applicant.

5. Submission of the executed legal documents once reviewed and approved by Town Counsel for recording at the HCRD.

6. Execution of a Subdivision Agreement regarding the conditions subsequent to approval.

The deadline date for compliance with the conditions precedent shall be July 17, 2004,

CONDITIONS SUBSEQUENT:

1. The driveway shall be constructed per the approved plans. Said driveway to be inspected and approved by either the Road Agent or an agent of the Planning Board, prior to the release of any Certificate of Occupancy for the lot.

2. Payment of any fees related to the subdivision application.

The deadline for complying with the Conditions Subsequent shall be November 30, 2004, the confirmation of which shall be determined at a compliance hearing, prior to the release of any Certificates of Occupancy for Lot #3/54-1.

Christine Quirk seconded the motion and it PASSED unanimously.

James Nordstrom MOVED to approve the Driveway Permit for Richard & Annrose Freeman, Tax Map/Lot #3/54-1, Riverdale Road, with the standard Planning Board requirements: 1) the driveway shall intersect with the road at an angle of 60 - 90 degrees; and, 2) the driveway intersection with the road shall be joined by curves of twenty foot (20') radii minimum. Additionally, the Planning Board shall perform a final inspection of the driveway. Christine Quirk seconded the motion and it PASSED unanimously.

The Board took a ten minute break before resuming with the next hearing at 9:40 p.m.

QUIRK, THOMAS & CHRISTINE Adjourned from 04/13/04

Public Hearing/Major Subdivision/Ten Tent Sites

Location: Cochran Hill Road

Tax Map/Lot #7/11

Residential-Agricultural “R-A” District

Christine Quirk recused herself from the Board as she was the applicant for the hearing. She took a seat in the audience.

The Chairman read the public hearing notice. Present were Christine Quirk, Wayne Charrest, Barry Charrest and Mark Moser, PE.

QUIRK, THOMAS & CHRISTINE, cont.

Mark Moser, PE, stated that since the last hearing, the Quirks had proposed a toilet building to cover the proposed new tent sites. Christine Quirk stated that they were giving up a campsite to put the toilet building on, and would have that site join the other three that were "floating" until some future date when they would be relocated elsewhere in the campground. Mark Moser, PE, submitted floor plans of the proposed toilet building and a septic approval. The Chairman asked if the building would be pre-fab. Christine Quirk replied that it would not, but they had decided to use the plans of a pre-fab building because the size and layout met their requirements. She noted that the building would be for summer use only and that there were a number of other toilet buildings available at the campground.

James Nordstrom asked if the layout of the proposed tent sites had changed. Mark Moser, PE, replied that they had not. He noted that he had added two sheets to the original submittal package to show a detailed blowup of where the toilet building would go and a wetlands map of that area.

James Nordstrom MOVED to accept the Non-Residential Site Plan Review portion of this application of Thomas & Christine Quirk, Friendly Beaver Campground, ten tent sites, Tax Map/Lot #7/11, Cochran Hill Road, with the information submitted this evening, as complete. Travis Daniels seconded the motion and it PASSED unanimously.

The Chairman noted that a site walk of the new toilet building area had not been done. He asked the Board if they needed to do a site walk. James Nordstrom stated that he had seen the tent site location and did not feel compelled to view the location of the new toilet building. He noted that the Board would be viewing it at compliance.

The Coordinator pointed out that the note on the plans regarding the floating campsites should be amended to include the fourth site. Mark Moser, PE, stated that had been taken care of already.

James Nordstrom MOVED to approve the Subdivision Plan for Additional Camp Sites 1 thru 10, Thomas P. Quirk, Tax Map 7 Lot 11, Cochran Hill Road, and subsequently approve the Site Plan prepared for Thomas P. and Christine Quirk, Proposed Expansion Phase II at Friendly Beaver Campground, subject to:

CONDITIONS PRECEDENT:

1. Submission of a minimum of four (4) blue/blackline copies of the revised subdivision plat, including all checklist corrections and any corrections as noted at this hearing.

2. Submission of a suitable mylar for recording at the HCRD.

3. Submission of a minimum of three (3) blue/blackline copies of the revised site plan, including any and all checklist corrections and any corrections as noted at this hearing.

4. Execution of a Site Review Agreement regarding the conditions subsequent.

QUIRK, THOMAS & CHRISTINE, cont.

5. Payment of any outstanding fees related to the subdivision or site plan review application and/or the recording of documents with the HCRD.

6. Upon completion of the conditions precedent, the final subdivision plans and mylar shall be signed by the Board and forwarded for recording at the HCRD.

The deadline date for compliance with the conditions precedent shall be August 1, 2004,

CONDITIONS SUBSEQUENT:

1. All site improvements are to be completed as per the approved site plans.

2. The Town of New Boston Planning Department shall be notified by the applicant that all improvements have been 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;

3. Any outstanding fees related to the site plan application compliance shall be submitted;

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 any Permit to Operate/Certificate of Occupancy, or both. No occupancy/use of the toilet building or the tent sites shall be permitted until the site improvements as noted have been completed, and a site inspection and compliance hearing held.

The deadline for complying with the Conditions Subsequent shall be May 31, 2006, the

confirmation of which shall be determined at a compliance hearing as noted in item #4 above.

Travis Daniels seconded the motion and it PASSED unanimously.

DODGE, JAMES & RUTH (Owners)

DODGE, JAMES (Applicant)

Submission of Application/Public Hearing

NRSPR/Garden & Ice Cream Stand

Location: NH Route 77 a/k/a Weare Road

Tax Map/Lot #5/21

Commercial “Com” District

The Chairman read the public hearing notice. Christine Quirk returned to her seat on the Board. Present were James and Claire Dodge and Heather and Kim Dane. Also present was abutter Laurel Flax.

Claire Dodge explained that the proposal was for a mobile seasonal stand run by family members with a couple of part time helpers. She noted that a new State Driveway Permit had

DODGE, JAMES, cont.

been applied for and Scott Looney, NH DOT, had approved the permit with one minor change to the plans required. She noted that she had delivered the revised plans that day.

Claire Dodge stated that she had submitted a waiver request for the site plan to be considered minor rather than major. She noted that it was a seasonal and agricultural use, there would be no fixed structure, no fixed utilities, water would be carried in and out, and it would be self-contained and portable.

Travis Daniels MOVED to grant the waiver request that the site plan for James Dodge, garden and ice cream stand, Tax Map/Lot #5/21, N.H. Route 77 a/k/a Weare Road, be considered a minor site plan. James Nordstrom seconded the motion and it PASSED unanimously.

The Chairman asked where the site was located. James Nordstrom stated that the plans showed the site 100' below the bark mulch driveway. The Chairman next asked what use the application would fall under. Claire Dodge stated that the proposal for the garden stand would be agricultural which was a permitted use. She noted that the Coordinator was going to research what the New Boston Pizza store was classified as. The Coordinator stated that the New Boston Pizza store had been granted a Special Exception in 1986 under the old Zoning Ordinance and was called "take-out food service". She noted that this title was carried forward on all subsequent site plans for the building. The Coordinator further noted that there was no definition today for that use. Claire Dodge stated that she did not know what else to call it but a restaurant. She noted that the same permits from the State were required for the ice cream stand as for a restaurant. The Chairman suggested that the use be called "Restaurant" and no Planning Board members dissented.

The Chairman asked if the building was hardwired. Jim Dodge stated that the building was hardwired but there was a cord to the meter because the building had to be movable.

The Chairman asked what the hours of operation were proposed to be. He read from the letter from Claire Dodge dated May 10, 2004, that the business would operate from May 1^st to October 31^st and from 11 am to 10 pm, 7 days a week. The Chairman noted that those hours would have to be added to the plans. Claire Dodge noted that there would be a sign on the building but she was not sure if there would be a freestanding sign by the road. The Chairman noted that the Building Inspector approved sign permits.

The Chairman asked the Board if they had any traffic concerns with this site. James Nordstrom asked what the DOT's change to the permit application had been. Claire Dodge stated that she had not shown edge of pavement or right-of-way width which she had now included.

The Chairman asked what was proposed for parking delineation and whether or not signs would be needed to stop people from backing onto the highway. Claire Dodge stated that it would be extremely difficult for anyone to want to back down the driveway onto the highway.

The Chairman asked if a site walk was needed. James Nordstrom stated that he was not

intimately familiar with the area but knew the land form and did not think there was anything he

DODGE, JAMES, cont.

needed to look at. Christine Quirk stated that she knew the area.

The Chairman asked if the abutter had any questions. Laurel Flax stated that she had a concern with the speed of traffic on Route 77, noting that cars often traveled faster than 50 mph and passed each other on that stretch of road.

The Chairman noted that the only thing missing was the state driveway permit and asked if the Board would consider making that a condition precedent. He noted that there was no motion included in the cover sheet. The Coordinator explained that she had not written one because the Planning Board ordinarily conducted site walks on commercial property.

The Chairman asked when the business planned to open. Claire Dodge stated that June 1, 2004, would be good. The Board noted that their next meeting was June 8, 2004. The Coordinator stated that the Board was conducting site walks on May 22, 2004, which would enable the Dodge site plan to be scheduled for compliance hearing on June 8, 2004. Claire Dodge stated that was a date to try for and requested that the site walk be scheduled and the compliance hearing on June 8, 2004. The site walk was scheduled for 9:00 a.m. +/-.

Travis Daniels MOVED to approve the application of James Dodge to operate a garden and ice cream stand from property located on NH Route 77, a/k/a Weare Road, Tax Map/Lot # 5/21, subject to:

CONDITIONS PRECEDENT:

1. Hand amendment to be made to the site plans on file to indicate hours of operation and any other agreed-upon conditions from this hearing;

2. Execution of a Site Review Agreement regarding the condition (s) subsequent;

3. Submission of approved driveway permit from NH DOT.

The deadline date for compliance with the conditions precedent shall be May 31, 2004,

CONDITIONS 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 completed, and are ready for final inspection, prior to scheduling a compliance hearing on those improvements, a minimum of (3) three 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

DODGE, JAMES, cont.

to Operate or Certificate of Occupancy, or both. The garden & ice cream stand cannot be used or occupied for the business until the compliance hearing has been held, and an affirmative find made by the Planning Board.

The deadline for complying with the Conditions Subsequent shall be June 8, 2004, the

confirmation of which shall be determined at a compliance hearing for each phase as noted in item 4 above.

James Nordstrom seconded the motion and it PASSED unanimously.

Christine Quirk stated that she would not be able to attend the site walks on May 22, 2004, but would try to get another Selectmen to attend in her place.

This will be an informational session with Julie A. Dillon to discuss a potential site plan for a boarding/riding stable @ 422 Riverdale Road, Tax Map/Lot #3/71.

The Chairman read the public notice. Julie Dillon was present in the audience. Julie Dillon handed out preliminary drafts of a brochure for the business that she had started prior to moving to New England that she would like to continue here. She stated that she was present to ask for the Board's advice on where to go from here to comply with the town's requirements.

The Chairman asked Julie Dillon if her proposal was to operate a horse stable. Julie Dillon stated that there would be no boarding. The Coordinator noted that she would be a riding stable. Julie Dillon asked if that was the same as a riding academy. The Chairman noted that there was no definition for riding academy but riding stable would be considered the same thing.

The Chairman stated that Julie Dillon should review the Zoning Ordinance under riding stable, then submit a Non-Residential Site Plan Review application. He noted that the Board would need a drawing of the area with details of the proposed business. He noted that there was no reason for the plans to be professionally drawn. The Chairman further noted that the Planning Board reviewed exterior features of the site, the driveway, parking, landscaping, manure storage, lighting, and so on. Julie Dillon asked if the Board would prefer a photograph over a drawing. The Chairman stated that photos would not take the place of a blueprint.

Julie Dillon noted that she would submit a minor site plan. The Chairman pointed out that an agricultural site plan could expect a more streamlined process as the town was trying hard to stay agricultural. In response to a comment from Julie Dillon the Chairman noted that she was not supposed to conduct the business until she had a site plan approval. Julie Dillon asked what the fastest way was to get an approval. The Coordinator noted that, as she had explained to Julie Dillon when she stopped by the office, a site plan should be prepared in accordance with the regulations and submitted 15 days prior to the date of the meeting at which she would like to be scheduled. She noted that meetings were filling up very quickly and Julie Dillon would be advised to submit her application as soon as she could. Julie Dillon stated that she would set herself a personal deadline of Friday, May 14, 2004, to submit the application to the Planning Board.

The Chairman noted that keeping horses in the R-A District was permitted and Julie

DILLON, JULIE, cont.

Dillon could continue her hobby but could not operate a business prior to receiving site plan approval from the Board.

The Board returned to miscellaneous business.

10. Copy of letter dated May 4, 2004, to Christine Quirk, Board of Selectmen, from James M. Denesevich and Donna M. Mombourquette, Re: 41 West Lull Place, Lull Road Corporation, Tax Map/Lot #3/5, for the Board’s information.

Christine Quirk noted that the Board of Selectmen were having Burton Reynolds, Town Administrator, send back a letter advising James Denesevich and Donna Mombourquette that the issues raised in their letter were issues to do with zoning that would be handled during the Planning Board's process with the application, and had nothing to do with the Board of Selectmen at this time.

11. Memorandum dated May 11, 2004, from Nicola Strong, Planning Coordinator, to Burton Reynolds, Town Administrator, John Riendeau, Road Agent and Road Committee, Dan MacDonald, Fire Chief and Board of Fire Wards, Greg Begin, Police Chief, and Betsey Dodge, Chair, and Conservation Commission Members, for the Board’s information.

The Coordinator noted that she had put together this memo because she had a conversation with Burton Reynolds, Town Administrator, during which he mentioned that if the Road Committee had not spent so long with the Vista Road, LLC, design plans, the Planning Board would not have received the expert advice that they needed. The Coordinator noted that she wanted to let the listed departments know how the Planning Board's procedures worked, and when plans were sent out for review.

The Coordinator next noted that Burton Reynolds intended to write a memo to the Planning Board requesting that the road plans be reviewed by Dufresne-Henry, Inc., but before the final report was written up, the Road Committee information be sent to them to make sure that all the items were included in Dufresne-Henry, Inc.'s review.

James Nordstrom did not think that this suggestion was fair to Dufresne-Henry, Inc., the Planning Board or the Planning Department. He noted that it was not fair as a test of the system. He did not think that any information should be withheld at the start of the review and thought that all details should be sent to Dufresne-Henry, Inc., at the beginning.

The Chairman thought that until he knew what the information was he would have a hard time giving a decision on this matter. He was concerned about who would pay for a two step review such as that described. He thought that the Planning Board should look at the information and compare the Road Committee's comments to the report received from Dufresne-Henry, Inc. The Planning Board could then point out to Dufresne-Henry, Inc., if something seemed to have been missed. The Chairman noted that he did not want to set up the town engineer as he had found them competent in their plan reviews in the past.

MISCELLANEOUS BUSINESS, cont.

Christine Quirk stated that the Selectmen thought that if Dufresne-Henry, Inc., picked up

on the same items as the Road Committee everyone would feel as if the process was working.

James Nordstrom stated that if the idea was to use this situation as a test of the system he thought the Planning Board would be the ones to manage it. Christine Quirk stated that it was not a test. The Coordinator stated that Burton Reynolds had described it to her as a test of the system.

Don Duhaime asked why the town did not use the AASHTO and NH DOT standards for road and bridge construction. The Coordinator stated that Dufresne-Henry, Inc., used all of those standards over and above the town's own regulations, it just was not written anywhere.

James Nordstrom stated that the Town had to be careful because if the road design met the criteria in the subdivision regulations and a question of safety was raised because of a standard contained in the regulations, then a denial based on a road design that technically complied with the regulations would in essence be calling the safety of the town's regulations into question. The Coordinator stated that the uniqueness of the property would be the deciding factor, in that a regulation was written to stand for all properties but a certain piece of property may not be able to be developed that way because of a particular unique feature.

Don Duhaime asked why Dufresne-Henry, Inc., could not meet with the Road Committee. The Coordinator noted that someone needed to pay for Dufresne-Henry, Inc.'s time. Don Duhaime stated that the applicant paid for the review process. The Coordinator noted that if the town had always been satisfied in the past with Dufresne-Henry, Inc.'s review services then it did not seem fair to make an applicant pay for a meeting with the Road Committee.

The Chairman stated that the Planning Board needed to find out what the Road Committee had for comments and then contrast that with Dufresne-Henry, Inc.'s review.

12. The draft minutes of the Planning/Zoning/Growth Action Group from Community Profile, May 6, 2004, were distributed for the Board’s information.

13. Information from the New Hampshire Office of Energy & Planning’s Annual Spring Planning and Zoning Conference on May 8, 2004, Re: 2004 Land Use Law Update, of interest cases on page 27, 29 & 42, was distributed for the Board’s information.

The Coordinator noted that the next three items had not been listed on the agenda.

14. The Coordinator distributed a letter and attached document from the Road Committee that suggested some changes to the Master Plan and Subdivision Regulations to do with road design. She asked the Board to read same to be discussed at a future meeting.

15. The Coordinator distributed the second draft of the proposed Driveway Regulations and asked the Board to read them for discussion at the next meeting.

16. The Coordinator asked the Board if they would be willing to schedule a site walk for the 2 wetland crossings required for Tim White on land on Beard Road so that the hearing

MISCELLANEOUS BUSINESS, cont.

could be held on June 8, 2004. The Board agreed and the site walk was scheduled for May 22, 2004, at 9:30 a.m. +/-.

At 11:00 p.m., Travis Daniels MOVED to adjourn. Christine Quirk seconded the motion and it PASSED unanimously.

Respectfully submitted,

Nicola Strong

Planning Coordinator

Minutes approved: June 8, 2004, as amended.