The meeting was called to order at 7:00 p.m. by Chairman Peter Hogan. Present were regular member Christopher Johnson; ex-officio Dave Woodbury; and, alternate Bob Furey. Also present was Planning Coordinator Nicola Strong.
Present in the audience, for all or part of the meeting, were Brian Holt, Brandy Mitroff, Maralyn Wiley and Joe Segien, Paul Carideo, PE, Dave Elliott, Suzanne O'Brien, Dan Donovan, Jr., Dan Donovan, II, Mitch Larochelle, Scott McCaskill, Emile Bussiere, Michael Fallet, Steve Hunt, Paul Halvatzes, Mark LeBlanc, Joel Savilonis, Jim Bono, Bob Dever, Paul Scopa, Sue Covino, Jen Donofrio, Matt Haddad, Bill Vanark, Randy Haight, LLS, Morgan Hollis, Esq., Dana Lorden, Michael Morrison, Tom Sumner, Brian Ridge, Mike Brown, Charles Cleary, Esq., and Craig Francisco, LLS.
CLARK HILL REALTY, LLC Adjourned from 12/23/03
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 in the audience were abutters Maralyn Wiley and Joe Segien.
The Chairman noted that the applicants had sent a letter requesting that the hearing be adjourned to February 24, 2004.
Dave Woodbury MOVED to adjourn the hearing for Clark Hill Realty, LLC, Clark Hill Road, Tax Map/Lot #8/118, per the applicant's request, to February 24, 2004, at 7:30 p.m. Christopher Johnson seconded the motion and it PASSED unanimously.
The Chairman appointed Bob Furey as a voting member in James Nordstrom's absence.
The Chairman wanted to discuss some recent decisions from the ZBA. The Coordinator noted that items 6 & 12 from Miscellaneous Business were related to this discussion.
6. Memorandum dated January 27, 2004 from Nicola Strong, Planning Coordinator, to Planning Board, Zoning Board Adjustment, and Board of Selectmen, Re: special exception and site plan procedures, for the Board’s review and discussion.
12. Copy of the January 20, 2004 minutes of the Zoning Board of Adjustment meeting, for the Board’s information.
The Chairman noted that the Board would expect at some point to received a site plan for New Boston Truck & Auto for the move into the proposed new building. He noted that the intention always was to move the truck business into the new building as a transition before the
MISCELLANEOUS BUSINESS, cont.
tractor business became successful, but that it would certainly require a site plan review by the Planning Board.
The Coordinator explained that the Planning Board had had questions recently regarding the ZBA's decisions on special exceptions, their authority to set hours of operation, etc. She noted that she had prepared this memo for all the Boards to give everyone a better understanding of the roles and responsibilities of each board and to suggest some possible ideas to make joint meetings more productive.
The Chairman noted one of his concerns was that the ZBA set conditions that were unenforceable or unworkable, for example, the trucking hours set by polling the neighbors for the rock removal business on Summit Drive. The Chairman thought that with all the site plans that the Planning Board dealt with, that Board was in a better position to know how to come up with what to do.
The Chairman thought that perhaps the ZBA could ask the Planning Board to, for instance, take steps to limit traffic but leave it to the Planning Board to set the details. The same could be accomplished if the ZBA thought a barrier was necessary between the site and neighboring properties. He noted, for instance, the case of the berm for George Merrill's storage buildings.
Dave Woodbury asked if the Planning Board could make ZBA requirements more restrictive. The Chairman responded that they could but could not relax them.
Dave Woodbury thought that a joint meeting to discuss these issues may be a good idea and asked if the ZBA had seen the Coordinator's memo. The Coordinator confirmed that the memo had been distributed to both boards.
The Chairman noted that he was surprised that the ZBA decision on the New Boston Truck & Auto special exception had not included any conditions. In particular, he was interested that the ZBA had not specified that any further expansion would require further review. The Chairman pointed out that the storage building site plans had this condition attached and he was concerned about consistency.
The Planning Board decided that the Coordinator should get in touch with the ZBA and schedule a joint meeting to discuss the memo in March.
VISTA ROAD, LLC Adjourned from 1/06/04
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 Paul Carideo, PE, Brian Holt and Dave Elliott.
Brian Holt noted that he was new to the project for this evening's meeting. He noted that the checklist review items had been taken care of and submitted revised plans. Paul Carideo, PE,
VISTA ROAD, LLC, cont.
stated that the plans had been changed per discussion at the last meeting to show all the lots being sprinklered; the lot line between Lots #6/40-5-13 and #6/40-5-14 had been changed to allow the driveway to remain on Lot 13; double frontage on Lot #6/40-5-2 had been removed as two 200' squares would not fit; street lines, right-of-way widths and administrative classifications had been added to the roads; and, the engineer, surveyor and soil scientist seals had been added to the plans.
Brian Holt stated that Paul Dugas had submitted a letter regarding working with R.J. Moreau on the improvements to Wilson Hill Road.
The Chairman stated that the Board was in receipt of a memo from Burton Reynolds, Town Administrator, in which he requested the help of Dufresne-Henry, Inc., and the Road Committee because of issues with the road design. Dave Woodbury explained that the Fire Chief and Police Chief were concerned about getting equipment up the road in severe weather because of the corners and grade. He noted that the Road Agent was concerned with the maintenance of the steep cuts and fills. Dave Woodbury noted that the Road Committee was made up of several engineers as well as other residents and the Board of Selectmen agreed that extra review was warranted. He noted that the Fire Chief, Police Chief, Road Agent and Board of Selectmen thought that the road as designed
had a series of drawbacks and highway professionals should get involved at this early stage.
Brian Holt stated that Vista Road, LLC, had highly professional engineers working for them and that the road had been designed to meet the criteria of the Town of New Boston's Subdivision Regulations.
Dave Woodbury stated that the road design seemed to be pushing the envelope in a number of different dimensions at the same time and in the same place. Brian Holt stated that they had looked at the grade of the property which was 15 - 20% throughout and which forced the road to take a circuitous route through the lot. He stated that they had followed the rules so as not to go over certain grades or make the curves too tight. He further noted that they had sometimes worked with Holden Engineering on issues and would do so again if the Town wanted them to.
Brian Holt noted that the road had been made longer to get up the grade, but noted that they could look at the cuts and fills because they did not want any unnecessary cuts and fills. Dave Woodbury stated that in some cases land may be simply unbuildable. Brian Holt stated that land may be unbuildable at a certain expense but that almost anything could be done if one was willing to spend the money to do it. He stated that he could understand why the Boards wanted to have review now and that he would be available to meet anytime.
The Chairman noted that environmental, fiscal and traffic impact studies would be required for final application but those things should wait until the road layout was finalized. Brian Holt asked where he could find information on those studies. The Coordinator explained that the Subdivision Regulations gave an outline of what was expected but usually what worked best was to have a scope of work prepared and have that approved by the Planning Board before having the study performed.
The Chairman asked if the applicant had considered phasing. Brian Holt stated that they
VISTA ROAD, LLC, cont.
had not intended to phase the project. The Chairman stated that it would be helpful to the Town if the applicant considered phasing over 2 years, for example, to avoid having another 14 lots available in the first year.
The Chairman next discussed engineering inspections, noting that the Town used Dufresne-Henry, Inc. as the consulting engineering firm. He noted that he understood that Thibeault Corp. had issues with Dufresne-Henry, Inc. from the Byam Road subdivision but pointed out that most of the people had left the company since then. Brian Holt stated that he would rather stick with Holden Engineering who had been doing the Inkberry Road subdivision. There was a brief discussion among the Board about which company might be better for this project but no strong opinions. The Board decided to defer discussion until the next hearing on the application.
Dave Woodbury stated that the Board of Selectmen had a legal question regarding subdivision designs. They were wondering what discretion the Planning Board had in judging a plan that met the technical letter of the regulations but still gave department heads or other town officials pause due to safety concerns, for example. He noted that the Board of Selectmen would be asking Bill Drescher, Esq., for his opinion on this and would let the Planning Board know his answer.
The Chairman suggested that the Road Committee review the plans with Brian Holt before sending it out for engineering review. It was confirmed that Burton Reynolds would arrange a meeting of the Road Committee and let everyone know when it was.
Brian Holt asked what the studies were that he needed to submit. The Chairman reiterated that traffic, fiscal and environmental studies would be required, but it might make sense to wait for the discussion about the road design to take place first.
Brian Holt then asked about the letter that had been submitted regarding the Wilson Hill Road improvements and how Vista Road, LLC, may be able to work with R.J. Moreau on that issue. The Coordinator stated that the letter was with Town Counsel for review.
Dave Woodbury MOVED to adjourn the hearing for Vista Road, LLC, Tax Map/Lot #6/40-5, to March 23, 2004, at 7:00 p.m. Christopher Johnson seconded the motion and it PASSED unanimously.
HARVEY DUPUIS FAMILY TRUST Adjourned from 01/06/04
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 were Paul Carideo, PE, Mitch Larochelle and Dave Elliott. Also present were abutters and interested parties Emile Bussiere,
Scott McCaskill, Michael Fallet, Steve Hunt, Paul Halvatzes, Mark LeBlanc, Joel Savilonis, Jim
HARVEY DUPUIS FAMILY TRUST, cont.
Bono, Bob Dever, Paul Scopa, Sue Covino, Jen Donofrio, Matt Haddad and Bill Vanark.
Paul Carideo, PE, explained that the proposal before the Board was for a continuation of Carriage Road into Tax Map/Lot #12/93. He noted that the Board had questioned the potential future extension onto other land of the Dupuis Family Trust, Tax Map/Lot #15/15.
Paul Carideo, PE, presented a map on which he had taken the tax maps and overlaid the USGS maps at 20' contours, shown existing development and plotted potential development. He went on to say that he had met with Dana Lorden, representatives of Indian Falls, LLC, and Mr. Bussiere and had figured out access to this phase of the Dupuis subdivision rather than waiting until subdivision of Tax Map/Lot #15/15 which had been the original proposal.
Paul Carideo, PE, noted that the surveyor working with Indian Falls, LLC, and Emile Bussiere had laid out road networks on their land, Lots #12/88, 12/89, 15/17, and 15/16 and the roads into Lot #12/93 appeared as if they would work out well. He noted that the Lordens were in the process of looking at their lot, #12/96, and there was a possible road tie in to that lot from the Dupuis subdivision as well.
Paul Carideo, PE, noted that even with allowing for two rights-of-way to abutting properties, the lots in the Dupuis subdivision of #12/93 still had the required frontage. He noted that they had done everything the Board had asked of them for this phase of the application.
Dave Woodbury agreed that this applicant had addressed many of the Board's questions. He acknowledged that the abutting developers still had work to do because their plans were not quite as firm as the Dupuis plans. Paul Carideo, PE, stated that he had met with representatives of those abutting developers and they were willing to work with the concept he had presented. He noted that all parties had to compromise somewhat in their ideas in order to achieve the plan. Paul Carideo, PE, stated that the only property owner they had not spoken to was Cyndie Wilson, but they would be approaching her.
Dave Woodbury noted that if any cars were expected to get from these subdivisions to Laurel Lane everyone should be aware that significant improvements to Laurel Lane would be required. Paul Carideo, PE, pointed out that the Lordens were in the very preliminary stages of looking at Lot #12/96 and once more technical data was available the potential road layout on that property could look a lot different.
Dave Woodbury stated that the Road Agent had expressed concern with the short connector road shown on the subdivision plan for Lot #12/93. He noted that it would be better as far as the Road Agent was concerned if that connector was removed once the next phase of the Dupuis subdivision on Tax Map/Lot #15/15 was completed. Paul Carideo, PE, explained that he had designed it to prevent two long cul-de-sacs from being built instead, but that the connector could certainly be removed once Lot #15/15 was developed.
Paul Carideo, PE, stated that wetlands on the property limited the places that roads could be constructed and wetland crossing installed. He also noted that the land got very steep in locations. He further noted that the concept he had presented was designed to create a road network that gave access to Bedford Road by Klondike Corner. Paul Carideo, PE, stated that the intersection location where he showed it allowed for 400' sight distance in each direction.
Dave Woodbury reiterated that the application currently before the Board was just one
DUPUIS FAMILY TRUST, cont.
piece of the whole scheme and the Planning Board had to take it on faith that the other developers would do what they said they would do.
The Chairman asked if the applicant had considered phasing. Mitch Larochelle stated that it would be done in two phases, the northerly road would be one phase and the southerly road, the other. He stated this would give them 7 or 8 lots per year which was comparable to the previous subdivision.
The Chairman asked if the abutters had any questions. Michael Fallet was concerned about development of Tax Map/Lot #12/18, owned by the Lorden family because it abutted his property. He wondered about access to the parcel. Dave Woodbury stated that the current plan before the Board by Nissitissit Development, LLC, was for Tax Map/Lot #12/19 and as part of that subdivision access was being provided to Lot #12/18 which was currently landlocked. He noted that the access provided was not suitable for a subdivision and a way out to Bedford Road may, therefore, be desirable to Nissitissit Development.
Scott McCaskill asked how many new roads and homes were being discussed as part of the concept presented to the Board at this meeting. Paul Carideo, PE, estimated that there may be 10 new roads and some cul-de-sacs. Mitch Larochelle stated that their previous subdivision had got 30 houses on about 100 acres, so if Lorden owned 200 acres there may be the potential for 60 houses. Paul Carideo, PE, noted that the land owned by the Dupuis family got rougher in the back with ledge pockets and finger wetlands, so the lots would have to be bigger than a two acre minimum. He noted that some may not be worth putting a road in to access them.
Scott McCaskill asked if the Board thought that the roads through the subdivisions would be as busy as Bedford Road. Dave Woodbury stated that Bedford Road was a major feeder road and it should be taken for granted that it would continue to be the major route in and out of town to Manchester. The Board did not think that the roads through the various subdivisions would necessarily present attractive alternatives or even shorter routes than sticking to McCurdy and Bedford Roads. Paul Carideo, PE, stated that it was not the Board's intent, nor the applicant's, to make the roads shown on the conceptual plan as alternatives to Bedford Road. He noted that there would be curves, stop signs and intersections throughout the subdivisions.
Steve Hunt was very concerned with the proposed location of the new road onto Bedford Road near Klondike Corner. He did not think that the sight distance was adequate and was surprised that the Board had not discussed improvements that would almost certainly be needed to Bedford Road. Steve Hunt was also concerned with so many lots being built on the aquifer area and what may happen to existing wells when blasting had to take place. He thought that the concept should not be relied upon because it did not seem to have any technical data to back it up.
Dave Woodbury stated that the issues of access onto Bedford Road in this location may not become reality for many years. He noted that his applicant had worked out his best concept but it was not his responsibility to build that road. The Chairman pointed out that at the time this part of the conceptual plan was going to be built a traffic study would be done and, obviously, much more detail would be required.
Joel Savilonis stated that his concern was with the land owned by Indian Falls, LLC, and
DUPUIS FAMILY TRUST, cont.
how it tied into the Carriage Road subdivision. He was concerned that one part of the plan may get built and it could take 25 years for the next piece to be done. The Chairman noted that the Board was endeavoring to do the proper planning now to ensure emergency vehicles would have adequate access, for example. Dave Woodbury stated that different builders would have different schedules but with this overall concept, the town would not be left with a bunch of dead end roads, bad traffic flow and lack of safety access.
Dave Woodbury asked what the abutting developers thought of the concept. Mark LeBlanc of Indian Falls, LLC, stated that he was all for the plan and willing to move forward with it. Emile Bussier stated that he had instructed his representatives to work hand in glove with the other parties involved to make the proper road connections.
Dave Woodbury MOVED to adjourn the hearing for the Dupuis Family Trust, Tax Map/Lot #12/93, 12/93-19, 12/93-21 & 12/93-22, Carriage Road, to March 23, 2004, at 7:30 p.m. Christopher Johnson seconded the motion and it PASSED unanimously.
NISSITISSIT DEVELOPMENT, LLC (APPLICANT) Adjourned from 01/20/04
FREDERICK & CELIA LORDEN, TRUSTEES (OWNER)
Submission of Application/ 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. Present were Dana Lorden, Randy Haight, LLS, and Morgan Hollis, Esq. Also present were Paul Halvatzes, Dan Donovan, II, and Dan Donovan, Jr.
Randy Haight, LLS, stated that the plans had been revised to remove the cistern and add some notes. He also added that the restrictive covenants had been revised. Randy Haight, LLS, stated that a traffic study had been submitted and the estimate from Dufresne-Henry, Inc. for the plan review had been received and the fee submitted.
The Chairman stated that a determination of completeness could be made, noting that a letter requesting a waiver to the fiscal impact study had been received.
Dave Woodbury MOVED to grant the waiver request for the fiscal impact study per the letter of 1/29/04 from Randy Haight, LLS, Project Manager. Christopher Johnson seconded the motion and it PASSED unanimously.
Dave Woodbury MOVED to accept the application for Nissitissit Development, LLC, Tax Map/Lot #12/17, 12/18 & 12/19, McCurdy Road, as complete. Christopher Johnson seconded the motion and it PASSED unanimously.
NISSITISSIT DEVELOPMENT, LLC, cont.
The Chairman asked if anyone had questions on the traffic study. The Coordinator stated that the study did not mention the Level of Service of the intersection of Bedford and McCurdy Road which she thought would be necessary information. Randy Haight, LLS, sated that Level of Service could be addressed. He did not think that the 14 lots proposed would make a big change to the traffic patterns or Level of Service currently in the area.
The Coordinator noted that one of the legal documents submitted was not clear to her and asked Randy Haight, LLS, if he knew what it was intended to accomplish. Randy Haight, LLS, thought that the deed was necessary because due to the relocation of the road the town owned McCurdy Road in fee in some parts and by easement only in others. He stated that this deed was intended to deed the rest of McCurdy Road in front of this subdivision to the Town. The Board was not sure that this deed was necessary and thought it should be sent to Bill Drescher, Esq., for review along with the other legal documents that had been submitted.
The Coordinator next asked why one of the Declarations was listed under McCurdy Development, LLC, instead of Nissitissit or Lorden. Dana Lorden stated that the new company name for the building company for this subdivision would be McCurdy Development, LLC.
It was noted that the review of the plans from Dufresne-Henry, Inc. was not yet in hand.
Dave Woodbury MOVED to adjourn the hearing for Nissitissit Development, LLC, Tax Map/Lot #12/17, 12/18 & 12/19, McCurdy Road, to March 23, 2004, at 8:00 p.m. Christopher Johnson seconded the motion and it PASSED unanimously.
CIMRAY HOMES, LLC
Compliance Hearing/Major Subdivision/5 lots
Location: Moss Drive off Parker Road
Tax Map/Lot# 3/121
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Christopher Johnson recused himself as a resident of Moss Drive and took a seat in the audience.
Present was Mike Brown. Also present were Brian Ridge, Michael Morrison, and Tom Sumner, residents of Moss Drive.
The Chairman noted that there were two items that remained outstanding: repainting the cistern piping; and, reloaming and seeding the road shoulders. He noted that Dufresne-Henry, Inc. had suggested that a $2,000 security would cover the cost of those items.
Dave Woodbury MOVED to confirm compliance with the conditions subsequent to the approval of the Major Subdivision/5 Lots of Tax Map/Lot #3/121 and to release the financial security being held for the subdivision, subject to:
The two remaining site work items: minor cistern repairs and grass growth on the roadside shoulders shall be secured by a $2,000.00 cash security. This security shall be
CIMRAY HOMES, LLC, cont.
held until the conditions are confirmed as satisfactorily completed by Dufresne-Henry, Inc. and at least three members of the Planning Board, by no later than July 1, 2004.
Bob Furey seconded the motion and it PASSED unanimously.
The Coordinator explained to the abutters that the road was not yet accepted because that could only be done by the Board of Selectmen. She instructed Mike Brown to get in touch with the Town Administrator to schedule the required hearing.
DONOVAN, DANIEL, II
This will be an informational session to discuss the proposed subdivision of Tax Map/Lot #9/63, Bedford Road.
The Chairman read the public notice. Present were Dan Donovan, II, and Dan Donovan, Jr.
Dan Donovan, Jr., stated that he wanted to know what the Board thought of his revising the plans for subdividing Tax Map/Lot #9/63 from a 3 lot to a 2 lot subdivision. He noted that by creating one backlot only using the existing causeway that had a Dredge & Fill Permit from 1985 he would be limiting the impact to the wetlands.
Dave Woodbury stated that he had no problem with the concept of reducing the number of lots. Dan Donovan, Jr., asked about the need for traffic, fiscal and environmental impact studies. Dave Woodbury stated that because of the particular history of the wetlands on this property, he would not be willing to forego the studies.
The Chairman stated that, conceptually speaking, the idea of one larger backlot with less impact to the wetlands was better than the plan initially presented. He stated that an environmental study would be required for the revised application, but the traffic and fiscal studies were probably less important for fewer lots. He noted that waivers could be requested for those studies.
The Chairman suggested that the applicant could consider submitting as a preliminary application to allow all the work to get done so the final application would be easier.
Dan Donovan, Jr., asked if he still needed to get a driveway permit now that the Dredge and Fill Permit had been found. Dave Woodbury stated that a Driveway Permit would be required and the Road Agent and Planning Board would both review that application.
The Coordinator explained that Dan Donovan, Jr., had approached DES about getting a second Dredge & Fill for a second driveway alongside the existing one but they would not approve that. She noted that she had explained to Dan Donovan the Zoning Ordinance requirement regarding backlots having to be able to have a driveway in the 50' strip and that had led Dan Donovan, Jr., to approach the Board with this new configuration.
The Chairman thought the new idea would certainly satisfy the zoning requirements more easily. Dan Donovan, Jr., asked if his next step was to get an environmental study done and revise the plans and resubmit them. The Coordinator stated that a whole new application would have to be made.
MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF FEBRUARY 10, 2004
The Board then moved on to Miscellaneous Business.
4. Letter dated January 29, 2004 from Charles F. Cleary, Wadleigh, Starr, and Peters, P.L.L.C., to Nicola Strong, Planning Coordinator, Re: property off East Lull Road, for the Board’s review and discussion.
Present for this item were Charles Cleary, Esq., and Craig Francisco, LLS.
Charles Cleary, Esq., noted that the lots in question, Tax Map/Lot #3/5 and 2/80, on East Lull Place had been the subject of a plan drawn in 1968 to divide off Parcel A (now 2/80) from the larger lot (3/5). Unfortunately, a formal subdivision by the Planning Board was never performed, even though Subdivision Regulations were in place by then. He noted that his clients, Lull Road Corp., had got to closing on Lot #3/5 and discovered this problem with the title.
Charles Cleary, Esq., stated that he had a brief telephone conversation with Bill Drescher, Esq., and had discussed the fact that the lots had been taxed separately for 35 years and Parcel A was owned by a different person than Lot #3/5.
Charles Cleary, Esq., noted that the length of time that the lots had been owned separately created a defacto subdivision, in his opinion. He stated that the surveyor for the potential development of Lot #3/5 could re-do the 1968 plan with notes added so neither property owner could claim grandfathered status. Alternatively, an Equitable Waiver of Dimensional Requirements could be sought from the ZBA since this was a mistake that had only just been discovered.
Dave Woodbury asked why the plan could not be resubmitted to today's standards. Charles Cleary, Esq., noted that the smaller lot that was referred to as Parcel A on the 1968 plan, was only 1 1/2 acres and could not meet the current standards.
Dave Woodbury did not think it was a wise move for the Planning Board to approve a subdivision in a pro forma fashion and thought the plan should be thoroughly reviewed. Charles Cleary, Esq., stated that Bill Drescher, Esq., did not think it was really subdividing. He stated that the Board would be confirming the 1968 plan to get it of record. He further stated that no one knew who had seen the plan but it had somehow been adopted into the tax maps.
The Chairman stated that he wanted to see Bill Drescher, Esq.'s opinion on his and review the deeds. Dave Woodbury stated that he had no problem going along with the idea but wanted to make sure it was done right.
Charles Cleary, Esq., stated that he wanted to avoid causing Mr. Brooks, the owner of Tax Map/Lot #2/80, from having to spend a lot of money to confirm something that everybody knew. Dave Woodbury suggested that the lot line between the two lots be adjusted to give the smaller lot 2 acres. Charles Cleary, Esq., stated that would enter everyone into fierce negotiations. Dave Woodbury did not think that was a reason to discount his suggestion.
Craig Francisco, LLS, stated that he did not want to resurvey the plan. He stated that the property lines were quite clear and he just wanted to get the old plan recorded. He thought it
MISCELLANEOUS BUSINESS, cont.
would create more confusion if a more accurate plan was prepared than the 1968 plan. Craig Francisco, LLS, stated that he would like to add a locus plan and a retracing note, but not do any surveying. Charles Cleary, Esq., stated that this plan could be recorded with a new title block and notes added to prevent anyone from thinking that it was an approved subdivision.
Dave Woodbury reiterated that the Board would need to get direction from Bill Drescher, Esq., as to how to proceed.
1. Signature required for notice of merger for New Boston Community Church Tax/Map # 19/23, 24, and 25, by the Planning Board Chairman and Secretary.
Dave Woodbury recused himself from discussion of this item due to his long-term involvement with the church.
Christopher Johnson MOVED to approve the Voluntary Notice of Merger for the New Boston Community Church for Tax Map/Lot #19/23, 19/24 & 19/25. Bob Furey seconded the motion and it PASSED unanimously.
2. Letter dated February 2, 2004 from Nicholas Bulka, 6 Chamberlain Road, to the Board, Re: intent to operate a home business, for the Board’s review and discussion.
The Planning Board determined that the standard letter would be sent to Nicholas Bulka informing him that, at this time, no site plan review would be required, but should conditions change he should contact the Board again to see if such a review would be needed.
3. Memorandum dated January 28, 2004 from Nicola Strong, Planning Coordinator, to the Board, Re: Christine Quirk and Zoning Ordinance Amendment, for the Board’s review and discussion.
The Board determined that they would wait and see if the proposed Zoning Ordinance amendment passed and noted that the Quirks could request relief from the ZBA if the amendment went through.
The Board acknowledged the Coordinator's concern that Christine Quirk was upset that she did not receive personal notification of the upcoming Zoning amendment but stated that the Board and Department had followed standard operating procedures and would not ordinarily notify applicants of pending amendments.
5a. Copy of letter dated January 27, 2004 from Brian P. Holt, Thibeault Corp. of N.E., to William Rossignol, Holden Engineering, Re: Lot 45’s driveway construction and grading on Inkberry Road, for the Board’s review and discussion.
5b. Copy of memo dated February 3, 2004 from William Rossignol, Holden Engineering, to
MISCELLANEOUS BUSINESS, cont.
Brian P. Holt, Thibeault Corp, Re: Lot 45, Inkberry Road, for the Board’s review and discussion.
The Board noted these two items and agreed that Holden Engineering's suggestions for construction of the driveway and guardrail installation due to the slopes were appropriate.
7. Copy of a memorandum dated December 10, 2003 from Gary Flaherty, Gary Flaherty & Associates, to Richard Herget, and Carol Hayse, Re: Hergert/Hayse’s Storm Water Pollution Prevention Plan, for the Board’s review and discussion.
Dave Woodbury recused himself from discussion of this item as an abutter to the property in question.
The remaining Board members' consensus was that this memo met their requirements and the Erosion & Sediment Control plan for the rock removal site plan of Carol Hayse and Rick Herget on Summit Drive could be considered complete.
8. Memorandum dated January 26, 2004 from Nicola Strong, Planning Coordinator, to Peter Hogan, Chairman, and Planning Board Members, Re: Community Profile, for the Board’s information.
The Coordinator noted that the Board members should try to make it to the profile in April.
9. Copy of the January 23, 2004 preconstruction meeting regarding Highland Hills from Amy Alexander, Dufresne-Henry, for the Board’s information.
The Coordinator noted that construction had already begun and they hoped to be done by the end of May.
10. Daily road inspection reports dated December 22nd, 23rd, 24th, 29th, 31st of 2003 and January 5th, 7th, and 8th of 2004, from Dufresne-Henry, Re: Waldorf Estates, were distributed for the Board’s information.
11. A letter dated February 3, 2004 from Donald A. Chapman, to Nicola Strong, Planning Coordinator, Re: concern expressed at the deliberative session about Paradis Dam, was distributed for the Board’s information.
12. A copy of the January 20, 2004 minutes of the Zoning Board of Adjustment meeting, was distributed for the Board’s information.
13. A copy of Union Leader article of February 03, 2004, Re: Verizon cell tower in
MISCELLANEOUS BUSINESS, cont.
Montpelier, Vermont, was distributed for the Board’s information.
The Chairman endorsed the next four items.
Page 2, 1. Endorsement of a lot line adjustment for Joseph and Marion Thompson and Vista Road, Tax Map/Lot # 6/35 & 6/40-2, by the Planning Board Chairman.
Page 2, 2. Endorsement of a lot line adjustment for C.V.I. Development and Timothy and Suzanne O’Brien, Tax Map/Lot #8/62-7 & 8/62-8, by the Planning Board Chairman.
Page 2, 3. Endorsement of a lot line adjustment for William H. & Sharon Elliott and Herbert G. Jr. & Verna Elliott, Tax Map/Lot # 4/20 & 4/17, by the Planning Board Chairman.
Page 2, 4. Signature required for the approval of the Site Review Agreement for New Boston Community Church, by Planning Board Chairman.
Page 2, 5. READ FILE: 11th Annual Spring Planning & Zoning Conference, Saturday, May 8, 2004, Center of New Hampshire, Manchester.
Page 3 ,1 Fax received February 9, 2004 from Thomas A. Welch, Hobbins & Gardner, LLC, to Michele Brown, Planning Board Assistant, Re: AT&T Wireless Services, Inc.’s request for extension to their conditions precedent, Wilson Hill Road, for the Board’s review and discussion.
The Coordinator noted that in addition to the items listed in Tom Welch, Esq.'s letter, the Board was also still waiting for plans of the proposed Wilson Hill Road improvements. She suggested a longer deadline than the April 1, 2004, dated requested.
Dave Woodbury MOVED to extend the deadline for completion of the conditions precedent to the approval of the site plan for a Personal Wireless Service Facility for AT&T on land of Joseph & Marion Thompson, Tax Map/Lot #6/35, Wilson Hill Road, to July 1, 2004. Christopher Johnson seconded the motion and it PASSED unanimously.
At 10:15 p.m., Dave Woodbury MOVED to adjourn. Bob Furey seconded the motion and it PASSED unanimously.
Respectfully submitted,
Nicola Strong
Planning Coordinator Minutes approved:
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