Planning Board – 09/12/2006
The meeting was called to order at 7:00 p.m. by Chairman Peter Hogan. Present were regular members, James Nordstrom, Bob Furey; ex-officio Gordon Carlstrom and alternate Douglas Hill. Also present were Planning Coordinator Nic Strong, Planning Assistant Michele Brown and Recording Clerk Suzanne O’Brien (who arrived at 8:40 p.m.).
Present in the audience, for all or part of the meeting, were Dave Ely, Jack Munn, Southern New Hampshire Planning Commission, Joan and Bill McDonald, Brandy Mitroff, Cyndie Wilson, Sandi Van Scoyoc, Binny Clark, Janet White, Ken Lombard, Rod Hansen, Bud Piper, Bob Todd, LLS, Albert and Carol LaChance, Keith Diaz, Mike Carter, Greg Mattison, James and Matt Eggers, Dan MacDonald, Margaret McGann, Linda Shea, Rosemary Gallagher, Rob Starace, Ray Shea, Al Bell, Jim Bath, Roch Larochelle, Jim and Claire Dodge, Mil Philippy, and Carolyn Mohan.
Public Hearing for Master Plan Adoption
Present for this discussion were Master Plan Committee members Dave Ely, Joan McDonald, Binny Clark and Ken Lombard. Also present was Jack Munn, Southern New Hampshire Planning Commission (SNHPC).
The Chairman stated that he would not go over the plan in detail as that had been covered at earlier meetings unless someone had something in particular they would like explained. There being no comment, he asked the Board if they had any modifications to the plan as submitted. James Nordstrom stated that he had no modifications but he did have some suggestions for future regulation updates that he thought would more appropriately be discussed under the Board's 7:30 p.m. agenda item.
Bob Furey stated that he had read through the plan and thought it very comprehensive and would not change anything. He noted that he appreciated everyone's hard work and thought the recommendations in the Master Plan could be used to do good things with the Zoning Ordinance, something the Planning Board had been waiting a long time for.
The Chairman asked if anyone in the audience had any comments, noting that he was sure everyone was anxious to see the plan adopted. Sandi Van Scoyoc stated that she had been involved on a minor level with the Master Plan as part of the Livable Walkable Communities committee and she was present to show her support for the fantastic work that the Master Plan Committee did.
The Chairman stated that he would close the Public Hearing and enter into deliberations. There being no comments he stated that he would entertain a motion to adopt the Master Plan as presented at tonight's hearing. Gordon Carlstrom first offered his sincere thanks for the hard and good work of the committee. James Nordstrom also offered the Planning Board's thanks for the committee's efforts.
James Nordstrom MOVED to adopt the 2006 update to the Town of New Boston Master Plan, as presented at the public hearing.
Bob Furey seconded the motion and it PASSED unanimously.
MISCELLANEOUS BUSINESS AND CORRESPONDENCE FOR THE MEETING OF SEPTEMBER 12, 2006
1. Approval of minutes of August 8, 2006, distributed at the August 22, 2006, meeting, with or without changes. (No Copies)
James Nordstrom MOVED to approve the minutes of August 8, 2006, as written. Bob Furey seconded the motion and it PASSED unanimously.
2. The minutes of August 22, 2006, were distributed for approval at the meeting of September 26, 2006, with or without changes.
3. Driveway Permit application for Stephen Curtis, 283 Old Coach Road, Tax Map/Lot #7/67-1, for the Board’s action. (Stephen Curtis to be present)
Because Mr. Curtis was expected to be present later in the evening for this item the Board determined that they would address it then.
4. Endorsement of a Site Review Agreement for Damian and Sonia Martineau, River Road,
(NH RT 13) Tax Map/Lot #3/127, by the Planning Board Chairman.
The Chairman signed this Site Review Agreement.
5. Endorsement of a Site Plan for Jonathan and Jessica Willard, Little People’s Depot, 20 River Road, (NH RT 13) Tax Map/Lot #3/127, by the Planning Board Chairman and Secretary.
The Board determined that this plan would be signed at the end of the meeting due to multiple sheets requiring signature.
6. A copy of a letter dated August 30, 2006, Confidential and Privileged from William R. Drescher, Drescher & Dokmo, Professional Association, to New Boston Planning Department, Re: Circular Driveway, Tax Map/Lot #12/93-30, Carriage Road, New Boston, was distributed for the Board’s review and discussion.
The Coordinator noted that she was waiting to hear back from John Riendeau, Road Agent, before determining how to proceed in this matter. Gordon Carlstrom asked if the letter would remain confidential and privileged. The Coordinator replied that she thought so and the Board agreed.
7. A copy of a memorandum from Nicola Strong, Planning Coordinator, dated August 25, to Planning Board Members, Re: Driveway Regulations Section 7.11, was distributed for the Board’s review and discussion.
The Board determined that the idea of allowing a foundation only permit to be issued without need of a driveway permit was not a bad idea as might be the initial reaction upon reading the above-noted driveway regulations section. They did note, however, that some kind of acknowledgment from the applicant should be required in writing before the foundation only permit could be issued. The Board stated that they did not want someone to be able to say that they were issued a foundation permit therefore the driveway must be OK.
The Board asked the Coordinator to draft some language that would be signed by the applicant acknowledging that the foundation only permit was being issued at their own risk and did not guarantee either the ultimate issuance of a building permit or a driveway permit.
8. A copy of a letter from David J. Preece, AICP, Southern New Hampshire Planning Commission, to Burton Reynolds, Town Administrator, Re: SNHPC Dues for FY 2007/Invoice, was distributed for the Board’s information.
9. Information and registration for the 31st Annual Municipal Law Lecture Series, was distributed for the Board’s information.
The Coordinator noted that anyone interested in attending should let the office know as soon as possible.
10. Announcement of the 2006 Fall Planning & Zoning Conference, Saturday, October 28, 2006, was distributed for the Board’s information.
The Coordinator noted that anyone interested in attending should let the office know as soon as possible.
11. A copy of a newspaper article from the New York Times, dated Sunday, August 27,
2006, Why Some Towns Place Roadblocks on Cul-de-Sacs, was distributed for the
Board’s information.
12. Daily road inspection reports dated, April 21st, May 1st, 3rd, 10th, 15th, 18th, June 6th and
27th, 2006, from Dufresne-Henry, Inc., Re: Hutchinson Road, were distributed for the
Board’s information.
13. Daily road inspection reports dated, May 18th, 26th, June 22nd, July 7th, and 10th, 2006,
from Dufresne-Henry, Inc., Re: Highland Hills, were distributed for the Board’s
information.
14. Daily road inspection reports dated, July 7th, 17th, 2006, from Stantec, Re: Indian Falls,
were distributed for the Board’s information.
There was some discussion as to the length of time it appeared to be taking to receive these daily road inspection reports. The Coordinator noted that the ones from April were certainly old. She further noted that they were received at the same time as the invoices for the inspections performed so that the two could be compared. She also noted that if anything came up during the inspections Stantec would immediately let her know and not wait for the daily reports to be written up and sent to the town.
15. Read File: Notice of Public Hearing from the Town of Lyndeborough, Re: Granite State Concrete Co., Inc.: Salisbury Road; Tax Map/Lot #7/47; renewal of a two year excavation permit.
16. Read File: Notice of Public Hearing from the Town of Weare, Re: Public Service of New Hampshire, Norris Road, Tax Map/Lot #412/222, site plan.
17. Read File: Notice of Public Hearing from the Town of Weare, Re: High Rock Development, Daniels & Twin Bridge Roads, Tax Map/Lot #110-077, subdivision.
Discuss Smart Growth Regulation Audit and possible schedule of Regulation updates.
The Chairman asked what would be discussed under this heading. The Coordinator stated that at the last meeting Jack Munn, SNHPC, had requested that the Board review the Master Plan and the Smart Growth Audit to see what changes to regulations they would propose and to prioritize the areas that the Board should work on first - affordable housing, open space and conservation, economic development, etc.
Gordon Carlstrom began by noting that he thought it most important to have Open Space as a top priority to include providing space in new neighborhoods for recreational use. He thought that all the issues mentioned by the Coordinator were viable, noting that in discussing the need for affordable housing the higher density that could be afforded by Open Space development might solve two issues at once. He also noted that as the town grew the Board should keep in mind the need for sites for a new school or fire substations and so on.
James Nordstrom stated that he had reviewed the Audit and the Master Plan update and found the following to be the important things to address:
1. Open Space Development - update the cluster ordinance and, as Gordon Carlstrom mentioned, remember the need for acreage for municipal infrastructure be it a school, recreation space, etc.
2. Affordable housing - promote the need for affordable housing considering such tools as Transfer of Development Rights and Density Bonuses to do so.
3. Town Center Overlay - allow mixed uses while maintaining the architectural characteristics of the existing town center.
4. Protect shoreland along rivers and streams not protected by the State's Shoreland Protection Act possibly with a town ordinance or overlay district.
Bob Furey agreed with James Nordstrom's list. He thought that water quality was an important issue and perhaps there were newer or better Best Management Practices that could be included in the town's regulations to prevent erosion. He agreed with the need to think about a new school in the future.
Doug Hill also agreed with James Nordstrom's list. He noted that the conventional subdivision regulations in New Boston directly contributed to sprawl and Open Space Development regulations should be crafted to allow more density of dwellings while protecting the open space. The Chairman asked Jack Munn what was the best way to make sure the open space that was set aside did not get developed later. Jack Munn stated that towns could either have the land deeded to them, get a conservation easement, or the land could be deeded in share to the property owners in the subdivision. It was noted that quite often the land set aside as open space was basically worthless and it was hard to get organizations willing to take on the work of monitoring a conservation easement.
The Coordinator noted that her priority list of things for the Board to look at now the Master Plan update was completed was: having SNHPC craft an Open Space Plan as Jack Munn had offered at the last meeting; updating the cluster development regulations; updating the Wetlands Conservation District, the Water Resources Management Plan and the Groundwater Resources Conservation District; discussing a Phasing Ordinance; discussing Impact Fees; updating the Road Standards in the Subdivision Regulations; and, considering Mixed Use Development and Multi-Family Housing.
Jack Munn stated that SNHPC would certainly be able to do the Open Space Plan at no cost to the town. He noted that such a plan inventoried existing conservation lands and delineated the ownership thereof and would also look at other resources in town such as the FLESA plan. He then noted that those areas would be presented as areas the town would like to see protected in the future. Jack Munn went on to say that the plan would then identify connections and how the areas could be maintained in the future. He noted that the plan would help with future ordinance revisions and could be used to help direct housing density to different areas of town while protecting other areas. Ken Lombard pointed out that it was important to inventory town owned land to see what
was important to keep for potential future infrastructure needs and what should be protected in perpetuity. It was noted that the Town of New Boston did not generally sell land that they owned but that other towns and particularly cities often did to generate income and that cities in fact took it upon themselves to develop pieces of land and sell them. Doug Hill thought it important to look not only at town owned land but also land owned by private individuals to figure out a way to protect the land from development while still keeping the value of the property for the owner. Jack Munn reiterated that SNHPC would prepare the Open Space Plan as a separate issue from the Zoning Ordinance amendments and that it would be at no cost to the Town.
Jack Munn asked what the Board thought should be a priority to focus on for regulation changes in 2007. Bob Furey thought that the idea of wetland buffers was important and that it was also important to come up with a way for the Board to handle traffic studies to encourage developers to look at the big picture not just their subdivision. Jack Munn noted that was a common problem and the Commission could help the Board.
Jack Munn noted that Groundwater Protection was an important area to consider and the EPA had grant monies available through NH DES for Sourcewater Protection Grants. He noted that SNHPC would write the grant for the town and the funds could be used to study the village center's wells and septage issues in order to protect drinking water supplies. He further noted that it was a competitive grant and the proposals were due in November.
As far as Impact Fees were concerned Jack Munn said that topics was certainly worthy of the Board's discussion and SNHPC could certainly facilitate that discussion. He noted that Bruce Mayberry was the "go to" person for Impact Fee Studies and he would encourage the Board to hire Mr. Mayberry if they decided they wanted to go that far. Jack Munn went on to say that Mixed Use Development could be included as part of the village area study. He then noted that affordable housing was a tough topic and could be approached with the Open Space development piece and also with the multi-family overlay district recommendation from the Master Plan Update.
Jack Munn stated that he would like the Board to pick two main topic areas as there were really only three months in which to work on potential zoning ordinance amendments in order to meet the statutory deadlines for public hearings. He thought that the Open Space Development seemed to be a major topic for the Board and thought that was doable in the time available. He noted that two further areas could be identified for work next year and there would be several more topics for changes to the subdivision and site plan review regulations.
Gordon Carlstrom thought that the other logical area to focus on was the town center or shoreland protection. The Coordinator noted that her pick would be updating the Wetlands Conservation District. Jack Munn noted that a new state definition should be incorporated into the ordinance. He noted that the Commission was working with two other towns, Candia and Deerfield, on developing buffers for Class II streams and suggested waiting until that work was done because it could be adapted for New Boston. He also noted, however, that it could be tackled as part of work on the wetlands district and potential setbacks. It was noted that the Town of New Boston had trouble in the past getting any buffers established due to public input against the proposed setbacks.
The Chairman thought the top priority would be the Open Space Development regulations so that the town encouraged such development. Doug Hill agreed, noting that currently it was more financially viable for a developer to proposed a conventional subdivision in New Boston. Gordon Carlstrom noted that it was important to provide incentives to encourage open space development but it was equally important to consider disincentives to conventional subdivisions.
Jack Munn suggested that later in the meeting the Board should set up a committee to focus on the open space issue over the next few months. He noted the following schedule:
-September - establish committee;
-October - first committee meeting; public workshop; ideas for changes to the existing ordinance;
-November - draft ordinance to the Planning Board; get comment; send draft back to committee;
-December - final draft ready for public hearing.
Ken Lombard noted that the Open Space Committee would be happy to help. Jack Munn noted the need for developers on the committee as well. He noted that he took the Board's top priorities to be Open Space Development/update existing Cluster regulations and wetlands/ shorelands issues. The Board agreed and thanked him for his time.
ONE CHESTNUT HILL DEVELOPMENT, LLC Adjourned from 08/08/06
Work Session/Design Review/Major Subdivision/8 Lots
Location: Susan Road
Tax Map/Lot # 12/93-38
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were Ray Shea of Sandford Surveying and Engineering and applicants Al Bell and Jim Bath. Interested parties present were Cyndie Wilson, Conservation Commission, Brandy Mitroff, and Roch Larochelle.
The Chairman noted that since the last meeting the Planning Board had conducted their site walk. Cyndie Wilson noted that the Conservation Commission requested that the developer guarantee in some fashion that the houses to be constructed on Lots #12/93-38, -41, -42, & -44 be placed away from the wetlands on those lots by at least 50'. She noted that there were other parcels in the Carriage Road subdivision on which the houses were within 20' of the wetlands and there was no room for a decent yard or for the homeowners to carry on many activities without fear of encroaching on the wetlands. Cyndie Wilson went on to say, as a near abutter to the property, that she hoped the new owners of this property would consider leaving as many big trees as possible, especially near
the wetlands. She noted that the forest in this area was only about 16 years old, the property having been logged off prior to the beginning of the Carriage Road development.
Ray Shea stated that the applicants would look at viable house sites and would not build right next to the wetlands. He noted that he would talk to the developers in more detail about these issues and could not commit at this meeting but noted that these were reasonable requests. He further noted that most home buyers preferred to see trees on the lots and that the timber was not particularly marketable being, as Cyndie Wilson had pointed out, fairly new growth.
Doug Hill was interested in the time frame for the subdivision of the next piece of land, Tax Map/Lot #15/15, noting that the intersection layout of Susan Road and Harvey Lane would be a little strange if left as the plans depicted it. He wondered why Susan Road would not continue as the through road to connect to the Bussiere lot, #12/88, and the road to #15/15 be a connector road at a later date. Ray Shea stated that the applicant was actively pursuing the subdivision of #15/15 and a preliminary application would soon be submitted. He noted that the design of Harvey Lane as a road between Indian Falls Road and Susan Road was intended to provide some traffic calming by making people have to stop at the Harvey Lane/Susan Road intersection rather than be able to make a
smooth corner and continue to Carriage Road.
Ray Shea went on to say that the Indian Falls/Bussiere applications were almost ready to be submitted and they were just waiting for the studies to be completed. Roch Larochelle asked if the traffic study would look at the potential buildout for the whole area as the Road Committee had previously asked in a letter. A copy of said letter was provided to Ray Shea. Ray Shea noted that the buildout and potential connection to Klondike Corner would be looked at but probably not in too much detail because the subdivision of Mr. Bussiere's next piece of land was a long way off. Roch Larochelle noted that the Road Committee was most interested in the diversion of volumes of traffic from McCurdy Road out to Klondike Corner. Gordon Carlstrom noted that the Selectmen's
concern was with the standards to which Bedford Road should be rebuilt in that location knowing that considerably more traffic may be using that road in the future. Ray Shea again noted that the idea would be discussed in the traffic studies for the upcoming subdivisions but it would not be in much detail because it was too conceptual at this time.
The Coordinator asked what the applicant proposed for fire fighting water supply since it was not noted on the plans. Al Bell noted that the houses would be sprinklered and Ray Shea stated that would be added to the final plans. The Chairman noted that the three studies would be required for the final application and Ray Shea stated that he was working on them.
Bob Furey noted that the New Boston Central School Principal had responded in a memo to the Board (a copy of which was provided to Ray Shea) that the school bus was likely to access Carriage Road and stop at Susan Road but would not enter Susan Road. The principal suggested that some kind of safe area at that intersection should be provided for the children to stand while waiting for the bus.
There being no further comment, James Nordstrom MOVED to conditionally approve the concept of the preliminary plan of One Chestnut Hill, Tax Map/Lot #12/38, Susan Road, and the applicant is informed to submit a completed application, pursuant to the Subdivision Regulations. It should be 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.)
Bob Furey seconded the motion and it PASSED unanimously.
LACHANCE, CAROL & ALBERT J.
Submission of Application/Public Hearing/Major Subdivision/9 Lots
Location: NH Route 77 aka Weare Road, Lull Road & Middle Branch Roads
Tax Map/Lot #2/112-2
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were Bob Todd, LLS, Earl Sandford, LLS, PE, Mike Coon, and the applicants Carol and Albert LaChance.
Abutters present were Jim & Claire Dodge. Interested parties present included Roch Larochelle, Road Committee, Brandy Mitroff, and Rod Hansen.
Bob Todd, LLS, described the location of the property as having frontage on N.H. Route 77 a/k/a Weare Road, Middle Branch and Lull Roads. He noted that the proposal was for a cluster subdivision of 9 lots proposed on 44.8 acres in the “R-A” District with Steep Slopes and Wetland District overlays. Bob Todd, LLS, noted that 3 of the lots proposed would be accessed off 500' of improvements on Lull Road, 4 from a proposed 550’ cul-de-sac off NH Route 77, and 2 with individual driveways off Middle Branch Road. He stated that the site was located in a low density residential area 2.5 miles from the Fire Department and bounded on the west by open space and New Boston Town Forest. Bob Todd, LLS, explained that the soils mapping was prepared by Peter
Schauer and had been submitted to the Board along with a narrative report. He noted that the northern and southern portions of the site were distinctly clarified by a 50’ wide connector with the northern section composed of moderately deep, well drained soils (Group 3) and an average percolation rate of 8 minutes per inch considered to be moderately rapid. Bob Todd, LLS, added that the southern section of the site had slopes under 15% with small areas in the 15% range (less than 1,000 s.f). He noted that there was also a 15% slope along a valley area in the northern section with its toe bordering the Middle Branch of the Piscataquog River. Bob Todd, LLS, stated that aerial topographic mapping was done for the site along with some instrumental surveying. He added that when the site was owned by Charlie Houghton the northern section had been heavily logged leaving it with random white pines and dense areas of saplings. He further added that
the southern section had a well distributed mix of hard and soft woods averaging 14” in diameter. Bob Todd, LLS, stated that the wetlands were in drainage swales and surface depressions which ran into the main drainage off the Siemeze lot owned by the Town out of the Dodge Pond wetland area following a drainage swale through the southern section into land owned by Mr. LaChance and onward to the northern section and down the valley side to Middle Branch Road into roadside ditches and culverts terminating in the Middle Branch of the Piscataquog River. He noted that another source of hydrology came from the east and ran in a culvert under NH Route 77 then mostly back under NH Route 77 also to adjacent properties and the Piscataquog River. He added that there was a divide that allowed flows to come back, therefore, there was quite a network on site. Bob Todd, LLS, stated that because no grantee could be secured for a conservation easement to wetlands
located on the open space the applicant would propose covenants managed by a homeowners association that stipulated no disturbance of this area. The only wetland permit needed required that a 4’ X 12’ open precast conduit with a naturalized substrate bottom be installed to mimic present conditions. Bob Todd, LLS, added that there were no flood zones on site.
Bob Todd, LLS, stated that the cluster lots would average 1.2 to 3.2 acres with open space of 26.5 acres and that each lot would have its own well, septic system and each house would be installed with fire sprinklers. He noted that the site was approved by NHDES and the wetland crossings by the NH Wetlands Bureau and Army Corp of Engineers. Bob Todd, LLS, further noted that NHDOT had approved a State driveway permit for the lots being accessed off NH Route 77.
Bob Todd, LLS, then explained the algorithm for figuring the lot density: 44.8 acres and 20% set aside per the Cluster Regulations = 8.9 acres with 40% required as developable = 3.58 acres. 26 acres of open space were proposed for this subdivision and 36.72 acres are developable less 15% for roads and utilities which is 6.72 acres, therefore, 30 acres of net developable land divided by 2 acres = a maximum of 15 lots. Assuming that the total net developable land was 17.4 acres this would mean that 12.528 acres were developable in the open space which was three times the minimum requirement.
Bob Todd, LLS, noted that various waiver requests required the Board's discussion and that Earl Sandford, LLS, PE, and Mike Coon would discuss engineering topics. The Chairman asked where the Class V portion of Lull Road ended. Bob Todd, LLS, replied that it ended 200’ east of the site’s property line, therefore, 600’ of the road would require widening and surfacing with processed materials and a turnaround would be installed to facilitate vehicle turning. The Chairman asked why the last lot proposed with access of Lull Road was beyond the end of the Class V road. Bob Todd, LLS, replied that they were required to show at least 50’ of frontage off a Class V road or better and this lot had over 100’. The Chairman asked what the lot
beyond that one was. Bob Todd, LLS, replied that this was part of the open space proposed.
Earl Sandford, LLS, PE, stated that 4 of the proposed lots would be served by a 600’ long cul-de-sac, Pumpkin Lane, off NH Route 77. He added that the proposed road was at a -3% grade for 75’-100’ then increased to 8% as it approached the cul-de-sac which offered a fairly level design. Earl Sandford, LLS, PE, noted that there was an issue of an approximate 10’ cut in one area of the road but that the road plan offered grading to accommodate it so that all standards could be met. He added that the proposed driveways of the subdivision also met the Town’s standards. Earl Sandford, LLS, PE, stated that the drainage design used vegetated filter strips and culverts to accommodate drainage as noted in the drainage report. He reiterated
that the proposed cul-de-sac and its engineered design met Town regulations. Douglas Hill asked about existing ledge on the site. Earl Sanford, LLS, PE, replied that the site had a fair amount of ledge in the area of the proposed road. Bob Todd, LLS, added that they had not yet dug a test hole for the road but this was well advised if the plan was approved.
James Nordstrom asked if the area due west of the proposed cul-de-sac had wetlands. Earl Sandford, LLS, PE, replied that it did but that a conservation boundary around the property assured that it would not be impacted. James Nordstrom asked if an easement would be drawn up. Bob Todd, LLS, replied that a wetland protection zone would be proposed for the deed for the 3 lots on Lull Road. He compared this to another application whose site involved a kettle hole formation. Bob Todd, LLS, noted that the area would be staked so that people were aware of its boundaries.
Bob Furey referred to Earl Sandford, LLS, PE’s earlier comment that the proposed driveways conformed to the Town’s regulations. He thought that the proposed driveway of the first long thin lot on the cul-de-sac appeared challenging. Earl Sandford, LLS, PE, replied that a common curb cut was proposed here with a three-way split but this could be reworked with minimal grading and conflict with an existing slope. The Chairman wished to clarify that a three-way split was being proposed. Earl Sandford, LLS, PE, replied that it was as he understood the Cluster Regulations to be different that the conventional Subdivision Regulations which called for a maximum common driveway split of two. He noted that if this were an issue it could certainly be
discussed. The Chairman stated that he was not aware of that difference between the regulations. Bob Todd, LLS, stated that another option was to construct a driveway on each of their 50’ strips. James Nordstrom wondered if each of the lots in question could support a driveway through their frontage. Earl Sandford, LLS, PE, replied that he thought this could be done.
The Chairman stated that the covenants drawn up for the proposed subdivision seemed very restrictive and noted that one restriction was that nothing over a half ton truck was allowed on site which meant that vehicles such as plow trucks and UPS would not be allowed. Mr. LaChance replied that he was not aware that the covenants were that restrictive and if so, they would need to be reviewed. He added that his main goal in having the covenants drawn up was for the ecological protection of the site. Mr. LaChance felt that the covenants should go back to the attorney that drafted them for a recheck. The Coordinator wished to note that other than items involving the proposed driveways or sprinklers, etc., the terms of covenants were not Planning Board issues. The
Chairman asked how long the proposed common curb cut extended before it split to three driveways. Mike Coon replied that the common portion was 100’. James Nordstrom asked again if the lots in question could support their own driveways. Earl Sandford, LLS, PE, felt that one would have no issues while another had a 6’ to 8’ embankment that would need to be addressed. James Nordstrom stated that a Dredge and Fill Permit might be required. Earl Sandford, LLS, PE, added that an easement was also an option to bring the driveway location down lower. Gordon Carlstrom agreed that if the common curb cut turned out to be an issue then assurance should be provided that each lot could support its own driveway. The Chairman added that the Subdivision Regulations stipulated that if an individual driveway could not be supported on a lot a lot did not exist.
The Chairman asked if the site was properly flagged. Bob Todd, LLS, replied that the flagging should be rechecked which would take about a week. A site walk was scheduled for September 23, 2006, at 8:30 a.m.
The Chairman asked if any abutters had questions. Jim Dodge stated that he had no questions or comments regarding the plan at this time but then asked how the turn around on the proposed cul-de-sac would be designed. Bob Todd, LLS, replied that it would be a half hammerhead design. The Chairman noted that, although proposed, the Road Agent may prefer a different design. Roch Larochelle, Road Committee, stated that the Road Committee had not yet seen the roadway plans for this application and that the Road Committee may have input to offer regarding the feasibility of the proposed turnaround and whether driveways constructed off it should be shared. He asked if the property on which the turnaround would be built was deeded Town property. Bob Todd, LLS,
replied that an easement would be needed. The Chairman asked if this would be located in the same area as the proposed driveway. Michael Coon added that the driveway off the turnaround on Lull Road entered off the corner of the public way. Earl Sandford, LLS, PE, noted that this would allow snow plows to push snow directly out without impacting those driveways. Roch Larochelle stated that his main concern was that the public might park in the Town owned portion of the turnaround. Bob Furey wondered if, as designed, the turnaround was large enough for a school bus turnaround. Mike Coon stated that he would check the requirement for school bus turning radii.
The Chairman stated that the applicant had waiver requests for consideration. James Nordstrom stated that he had no issue with the waiver request for the requirement of a Fiscal Impact Study and was also ok with granting a waiver for the Environmental Impact Study given the submittals of the Site Specific maps and the existing Dredge and Fill Permit. He added that in consideration of the Traffic Study requirement he did not think that 9 lots off 3 roads would generate the same impact as 9 lots on the same road, therefore, he had no issue with that waiver either and felt that Bob Todd, LLS’s justifications for these waivers were satisfactory. Bob Furey added that another justification for granting the waiver for an Environmental Impact Study was that the hydrology of
the site looked relatively undisturbed by the plan due to the open space proposed. Bob Todd, LLS, noted that the State had required the applicant to do indepth analysis of alternative designs and 4 different layouts all showed more indirect impacts to the river than the plan submitted. He noted the other designs focused the development towards Middle Branch Road which increased the risk to the river. This plan allowed any sediment or runoff to settle out by the time it reached the river by traveling over a longer route with lesser slopes. Douglas Hill stated that he also had no issues with the waiver requests presented.
James Nordstrom MOVED to grant the waivers requested for the requirement of a
Traffic, Fiscal and Environmental Impact Study as presented in a letter by Bob Todd,
LLS, dated August 7, 2006. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of Carol S. & Albert J. LaChance,
Major Subdivision, 9 Lots, Location: NH Route 77 aka Weare Road, Lull Road and
Middle Branch Road, Tax Map/Lot #2/112-2, Residential-Agricultural “R-A” District, as
complete. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to adjourn the application of Carol S. & Albert J. LaChance,
Major Subdivision, 9 Lots, Location: NH Route 77 a/k/a Weare Road, Lull Road and
Middle Branch Road, Tax Map/Lot #2/112-2, Residential-Agricultural “R-A” District, to
October 10, 2006, at 7:00 p.m. Bob Furey seconded the motion and it PASSED unanimously.
At 9:15 p.m. the Planning Board took a 15 minute break.
MOHAN, THOMAS A. & CAROLYN H.
Submission of Application/Public Hearing/Major Subdivision/3 Lots
Location: NH Route 13 a/k/a Mont Vernon Road
Tax Map/Lot #14/84
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience was Bob Todd, LLS, who represented the applicant, Carolyn Mohan, who was also present. Interested parties present were Cyndie Wilson, Conservation Commission, Brandy Mitroff and Roch Larochelle.
Bob Todd, LLS, stated that this property was located on the western and eastern sides of Mont Vernon Road south of its intersection with Meadow Road. He added that the site contained Wetland Conservation and Steep Slope Overlay Districts but no flood zones. Bob Todd, LLS, stated that when last reviewed by the Board this site had been approved to subdivide the existing home and farm structures onto 4 acres leaving the remaining 158 acres which were unsurveyed. He noted that 2 of the 3 proposed lots were nearly opposite each other on the western and eastern sides of Mont Vernon Road. Bob Todd, LLS, added that the site was in a low density area with high average lot sizes 2.7 miles from the Town center. He continued with the soils overview noting that they were
predominantly Paxton with a restrictive layer of 2’ and classified as Group 3. Bob Todd, LLS, added that the 3 test pits dug had also been consistent with Paxton soils and that the perched water tables were found to be 24”, 25” and 27”. He noted that the percolation rates were 7 and 8 minutes per inch and there was no refusal down to 80” and 74”. Bob Todd, LLS, stated that the topography of the site included 15% slopes and the building site was bounded by sloped areas with a view to the northwest. He added that the suitable building area of Lot #14/84-3 was 0.864 acres with 3+ acres of contiguous upland. Bob Todd, LLS, further added that the remaining proposed lot had a suitable building envelope of 1.19 acres with 3.2 acres of contiguous upland using the 50’ contiguous formula. He explained that on each lot there were some wetlands that drained to the north toward the Meadow Brook Wetland complex and
eventually into the southern branch of the Piscataquog River.
Bob Todd, LLS, stated that the objective of the proposal was to create 2 new lots with no further subdivision planned for the site but rather to protect the remaining acreage with a conservation easement. He noted that both of the proposed new lots had been permitted by NHDES and that fire sprinkler systems, deed language and set bounds were also noted with the plan. Bob Todd, LLS, further noted that the applicant had requests for waivers. Douglas Hill asked for clarification on the 2 proposed new lots relative to the existing house lot. The Coordinator explained that the existing house lot had been subdivided off last year and that the remaining acreage was where the two new proposed lots were coming from now. Douglas Hill asked if the owner had any future
plans to subdivide again from the site. Bob Todd, LLS, replied that the owners had contacted the Open Space Committee previously regarding a possible easement for the entire site but the appraisal of the property had not been that good, therefore, to meet their financial objective after subdividing these 2 lots they would they be in a position to discuss the Town purchasing an easement on the remaining acreage. James Nordstrom asked if there was a restriction on future subdivision anyway based on the number of driveway permits the applicant had applied for on a State road. Bob Todd, LLS, replied that there was. James Nordstrom clarified that given the applicant’s NHDOT status the site could be considered built
out with this plan. Bob Todd, LLS, replied that was correct, however, wished to note that there were Class VI highways through the property which could afford possibilities in the future.
Cyndie Wilson, Conservation Commission, asked if Lot #14/98 abutted the open space on the applicant’s site. Bob Todd, LLS, explained that this site was one tract of record even though it was fragmented by Mont Vernon Road and that it did abut Lot #14/98. Cyndie Wilson noted that Lot #14/98 was the Eisenhaure property and the Conservation Commission were helping with a conservation easement on that land. She went on to ask where Mont Vernon Road (NH Route 13) was on the plan. Bob Todd, LLS, noted it to be in a north west/south easterly direction as it related to the site. He noted that there was an existing driveway on the site that had the potential to be a future conversion to a road. Douglas Hill asked if the State’s Driveway Permit had
required that any vegetation be removed or grading done along NH Route 13 to accommodate sight distance. Bob Todd, LLS, replied that there had been no such stipulations and that the plans showed that there was 400’ of sight distance in either direction with no obstructions for the driveways proposed. He added that the State wanted the applicant to stop using the old Route 13 area as a driveway, therefore, grass would need to be planted there.
The Chairman stated that waiver requests had been submitted for the Certified Erosion and Sediment Control Plan given that a Stormwater Management Plan was provided. He added that waiver requests for the Traffic, Fiscal and Environmental Impact Studies were also requested by the applicant. The Chairman stated that he had no issues with the waiver requests. James Nordstrom and Bob Furey concurred.
James Nordstrom MOVED to grant the waivers requested for the Traffic, Fiscal and
Environmental Impact Studies. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of Carolyn H. Mohan, Major
Subdivision, 3 Lots, Location: NH Route 13, a/k/a Mont Vernon Road, Tax Map/Lot
#14/84, Residential-Agricultural “R-A” District, as complete. Bob Furey seconded the
motion and it PASSED unanimously.
In response to a question from James Nordstrom, the Coordinator wished to note that a Certified Erosion and Sediment Control Plan was not needed for the whole subdivision proposal and that the applicant had submitted a Stormwater management Plan for the impact of a proposed driveway for Lot #14/84-3. The Chairman stated that waivers to Planning Department checklist item #’s 49, 50 and 52 still need to be acted upon.
James Nordstrom MOVED to grant the 3 remaining waivers requested relative to the locus map scale, topographical features and Watershed Outline & Drainage Computation. Bob Furey seconded the motion and it PASSED unanimously.
The Chairman did not feel that a site walk was necessary as he was familiar with the
property. James Nordstrom agreed. The Chairman then asked if there were any outstanding fees for the application. The Coordinator replied that there were not.
James Nordstrom MOVED to approve the Subdivision Plat of Land of Carolyn H. Mohan, Tax Map/Lot #14/84, N.H. Route 13 a/k/a Mont Vernon Road, for the subdivision of three lots, subject to:
CONDITIONS PRECEDENT:
1. Submission of a minimum of five (5) blue/blackline copies of the revised plat,
including all checklist corrections, notes of waivers granted and any corrections as noted at this hearing.
2. Submission of a suitable mylar for recording at the HCRD.
3. Submission of an executed Declaration of Covenants and Restrictions regarding sprinkler systems and the fee for recording same at the Hillsborough County Registry of Deeds.
4. Submission of security for the SWMP bond in the amount of $8,761.50 for Tax Map/Lot# 14/84-3, in a form acceptable by the Planning Board.
5. Payment of any outstanding fees related to the subdivision application and/or the
recording of documents with the HCRD (if necessary).
The deadline date for compliance with the conditions precedent shall be October 15,2006,
the confirmation of which shall be an administrative act, not requiring further action by the Board. Should compliance not be confirmed by the deadline date and a written request for extension is not submitted by that date, the applicant is hereby put on notice that the Planning Board may convene a hearing under RSA 676:4-a to revoke the approval. Bob Furey seconded the motion and it PASSED unanimously.
DIAZ, KENNETH P. & LINDA T.
Submission of Application/Public Hearing/Minor Subdivision/2 Lots
Location: Arrowwood Road
Tax map/Lot #12/35-10
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience were Mike Carter of Bob Todd Land Use Services and the applicant, Kenneth Diaz and his son Keith Diaz. An abutter present was Greg Mattison.
Mike Carter stated that the applicant proposed to subdivide 10.14 acres into 2 lots keeping the existing house with Lot #12/35-10 which would retain 5.09 acres and 244.9’ feet of frontage and a suitable building envelope of over 0.6 acres. He added that the new proposed lot, Lot #12/35-10-1, would then have 5.05 acres and 229.9’ of frontage with a suitable building envelope of 0.074 acres. Mike Carter noted that pre-engineered stormwater management plans had been drawn up for a three bedroom home which would be for the applicant’s son and his wife. He added that the majority of the site was not forested and mostly flat with slopes to the east. Mike Carter noted that there were two areas of wetlands connected by a narrow channel, therefore, the
applicant proposed that the driveway to the new lot be constructed parallel to the edge, cross at the narrowest point and go directly onto the building site. He further noted that each lot could support its own driveway.
Mike Carter stated that four waiver requests for the application were being requested. The first was for the requirement of the Certified Erosion and Sediment Control Plan. The second was for the high intensity soils survey as the soils maps showed 2 soil types, one which was Canton (fine & sandy) with no refusal to 80”. The third waiver request was for the Watershed Outline and Drainage Computation as there was only one lot being added and the on site slope was directed away from the lot onto the forested land. He added that the fourth waiver request was for the requirement of Traffic, Fiscal and Environmental Impact studies. Mike Carter stated that he had updated plans with Bob Prokop’s address and that note #15 which had previously stated
that the home on the new lot would have fire sprinklers installed was revised to note that a 30,000 gallon cistern was located on Bedford Road 1,440’ from the proposed lot. Regarding bounds to be set he stated that the applicant preferred to leave that item until the plan was approved.
Bob Furey asked if the proposed driveway had satisfactory sight distance. Mike Carter replied that it did.
James Nordstrom MOVED to grant the waivers requested in a letter dated August 3,
2006, by Bob Todd, LLS, for the requirement of a Certified Erosion and Sediment
Control Plan, three paper print copies of a soils map, and Traffic Fiscal and Environmental Impact Studies. Bob Furey seconded the motion and it PASSED unanimously.
James Nordstrom MOVED to accept the application of Kenneth P. and Linda T. Diaz,
Minor Subdivision, 2 Lots, Location: Arrow Wood Road, Tax Map/Lot #12/35-10,
Residential-Agricultural “R-A” District, as complete. Bob Furey seconded the motion
and it PASSED unanimously.
The Chairman asked if there were any questions from abutters. Abutter Greg Mattison stated that he did not have any questions or comments. The Chairman wished to note that Cyndie Wilson, Conservation Commission had informed him earlier before she left the meeting that they had been on site and had no issues. Bob Furey stated that it appeared that the beginning portion of the proposed driveway would be constructed through a critical area. Mike Carter replied that as you came off Arrowwood Road there was a young pine forest area and a small slope where the land had most likely been built up to create Arrowwood Road followed by a small delineated wetland. Bob Furey asked if fill would then be required to construct the proposed driveway to the new lot. Mike
Carter replied that it would. Douglas Hill asked where the house on the proposed lot would sit. Mike Carter noted the area on the plan. James Nordstrom asked why the wetlands on site had not been delineated by Bob Todd’s offices. Keith
Diaz replied that he had been previously recommended to Bob Prokop by a business associate who did the delineation and was later recommended by Mr. Prokop to Bob Todd’s offices, however, did not feel that the delineation needed to then be repeated at that point. Douglas Hill thought that a 10% grade over 100’ of the proposed driveway was substantial. A site walk was scheduled for September 23, 2006, at 9:30 a.m. +/-.
James Nordstrom MOVED to adjourn the application of Kenneth P. and Linda T. Diaz,
Minor Subdivision, 2 Lots, Location: Arrowwood Road, Tax Map/Lot #12/35-10,
Residential-Agricultural “R-A” District, to October 10, 2006, at 7:30 p.m. Bob Furey
seconded the motion and it PASSED unanimously.
RAGAMUFEN’S PROPERTIES, LLC Adjourned from 8/08/06
by James Eggers
Submission of Application/Public Hearing
NRSPR/Restaurant
Location: 35 Mont Vernon Road
Tax Map/Lot #19/6
Commercial “Com” District
The Chairman read the public hearing notice. Present in the audience were the applicant James Eggers and his son Matt Eggers. Abutters and interested parties present were Dan & Marie MacDonald, Margaret McGann, Linda Shea, Rosemary Gallagher, Bill Foster, Brandy Mitroff, Rod Hansen, Roch Larochelle, and Bob Todd, LLS.
Matt Eggers stated that he wished to update the Board regarding the issue of the site’s septic system discussed at the last meeting. He explained that they had employed Rick Kohler from the offices of Bob Todd Land Use Services and that he had approached the State. Matt Eggers added that Bill Evans of NHDES had given conditional approval for the proposed sports bar to open with its existing septic system as long as comparative meter numbers from other similar establishments were gathered and a backup plan was in place to replace the system should it fail in the future. He further added that a formal letter from NHDES regarding this approval was forthcoming. The Chairman noted that the Town still had no record of the existing septic system’s approval.
James Eggers stated that he had found the original drawings of the septic system. The Chairman noted that something in writing from the State would still be required. James Eggers replied that they would have that item by now if Rick Kohler had not been called away on emergency business.
James Nordstrom MOVED to accept the application of Ragamufen’s Properties, LLC, by James Eggers, NRSPR, Restaurant, Location: 35 Mont Vernon Road, Tax Map/Lot #19/6, Commercial “Com” District, as complete. Bob Furey seconded the motion and it PASSED unanimously.
The Chairman asked if the plans had been revised since July 11, 2006. James Eggers replied that they had not because he was holding off on doing the redline revisions until this meeting. The Chairman noted that the size of the existing structure and hours of operation proposed for the sports bar were still not noted on the plan. Bob Furey asked if the wording regarding the gravel parking lot had been changed. Matt Eggers replied that the note now read: “…to be graveled…” instead of “future gravel parking lot”.
The Chairman stated that a noise sampling had been taken during the recent site walk and he had no concerns with noise inside the proposed sports bar emanating outside. Douglas Hill agreed. Gordon Carlstrom noted that this was provided that all windows and doors in the structure were closed and the building sealed. The Chairman added that even without having the double doors suggested in a previous meeting any noise being generated from the main room of Neville Mill Hall was indiscernible once you were in the foyer area which was 10’ to 20’ away. The Coordinator asked if parking would be delineated for the gravel parking area in the middle of the field on site as railroad ties would not work well in marking these areas during the winter season.
James Eggers replied that he did not prefer railroad ties and would use something that would exceed 6” and also assured that fencing would properly delineate parking after snow plowing. Douglas Hill asked about the configuration of the traffic flow. James Eggers replied that traffic would enter the parking lot to the right of the existing restaurant sign and exit out to the left of it. Matt Eggers added that it had since been determined that headlights from patrons’ vehicles would not shine into the gap in vegetation of the abutting property. The Chairman asked when the septic system information would be finalized. Matt Eggers replied that he thought this would be done in two weeks time.
The Chairman asked if there were any comments from abutters. Dan MacDonald, who owned and rented out an abutting property, asked if the Police Department should contact the Planning Board if they received a noise complaint from his tenants since they were the ones who took the noise sampling and found it to be satisfactory. The Chairman replied that the Selectmen would be the entity to contact. Dan MacDonald stated that many residents felt that the Board had moved forward with this application without listening to their concerns. He asked Gordon Carlstrom as a Selectman representative to the Board what concerns the Selectmen had concerning this plan. Gordon Carlstrom replied that the Selectmen’s main concern had been the lack of coverage by the Police
Department from 11:00 p.m. to closing time at the proposed sports bar. He added that although outside noise on site would be an issue as with other establishments, noise coming from within the sports bar (Neville Mill Hall) was determined to be well contained and not an issue for the Planning Board. Interested party Margaret McGann wished to note that assumed biker traffic from the proposed sports bar would be traveling down NH Route 13 between 1:30 and 2:30 a.m. and this was not in keeping with the Town’s character as it was introducing a different element of people on the roads. The Chairman noted that he had been to similar sports bars in Milford as the one proposed by the applicant and found that there was no one like the element Margaret McGann described at such hours. Margaret McGann reiterated that the proposed sports bar would affect the Town’s character. Interested party Linda Shea noted that the recent fair held in the Town
made her think of the traffic consequences that would result from the proposed sports bar as motorcycles from that fair were on the road between the hours of 12:30 a.m. and 1:30 a.m. She added that her main concern was hearing traffic like this on week nights when people were trying to get their sleep for the next work day. Douglas Hill commented that he agreed with Linda Shea’s remarks and was also concerned about late business hours and traffic, however, the applicant’s establishment had been in business for a long time and because the existing restaurant already had a bar that carried some weight with this application and the owners had the right to try and make money with the addition of the proposed sports bar. The Chairman noted that he was not concerned with the owners making money but stressed that Town ordinances allowed the business to run. He noted that the hours of operation proposed were not necessarily what would be approved by the
Board who might opt to adjust them. The Chairman further noted that there were other businesses in Town that were struggling because they were not situated in a location that made them obvious to traffic which was already minimal. Margaret McGann noted that those were different businesses and further noted that the applicant was proposing an additional bar on his site, therefore, his needs should be weighed with the rules set in place by the town. She reiterated that one of her main concerns was preserving the Town’s character. Matt Eggers wished to noted that not all residents felt that the proposal was contrary to the Town’s character and instead felt that people needed another outlet of activity. He added that he lived on the site and was open to any concerns that people voiced. Matt Eggers stated that they were responsible business owners and had had no problems at the restaurant or its bar since they assumed ownership. He
added that they too wished to preserve the integrity of the Town as they were also residents. The Chairman asked Matt Eggers what his reply was to the motorcycle traffic issue raised by an interested party. Matt Eggers replied that in the past 9 to 10 months there had been a minimal amount of motorcycle traffic that left the restaurant parking lot past 11:00 p.m. The Chairman asked what the existing restaurant’s closing time was currently. Matt Eggers replied that it was between 12:30 a.m. and 1:00 a.m. on weekends and, at that time, there were usually only 3 to 4 cars remaining. He noted that a blues band had played at the restaurant bar previously and it was the band members who were on motorcycles, not the patrons. Margaret McGann noted that if a sports bar was introduced on site it would attract more people and more motorcycles given the late hours of operation. The Chairman felt that loud motorcycles with potentially drunk
operators would not be leaving an establishment at 1:30 a.m. for fear of getting pulled over. Margaret McGann noted that the Town had no local police coverage after 11:00 p.m. Gordon Carlstrom asked what the proposed hours of operation were for the sports bar. Matt Eggers replied that it would be open 7 days a week, 12:00 p.m. to midnight Sunday through Thursday and until 1:30 a.m. on Fridays and Saturdays. He noted that these hours were not definite and would have to be set according to how the business ran. Gordon Carlstrom asked what the restaurant hours were. Matt Eggers replied that they were the same as what he was proposing for the sports bar.
Interested party Rosemary Gallagher stated that the Town’s ordinance stated that the current use was for a restaurant and asked if the proposal of a sports bar conflicted with that usage and if Town Counsel’s opinion should be sought. The Chairman replied that it was the consensus of the Board that the bar was an extension of the existing restaurant and that Town Counsel's opinion was not needed. The Coordinator noted that any conflicts in interpreting Zoning would first go before the Zoning Board of Adjustment (ZBA).
Linda Shea asked if the NH Liquor Commission had approved the proposal. Matt Eggers replied that they had. Linda Shea noted that she had contacted the NH Liquor Commission and was told that they did not have any paperwork on this applicant and had only had preliminary discussions with them. Matt Eggers replied that this was correct and that their approval was pending receipt of that paperwork.
Dan MacDonald stated that it seemed as though the Board was now closely driven by the Town’s ordinances, so he could assume that, going forward, there would not be any more cul-de-sac’s allowed past the maximum stated 1,000’. The Chairman explained that the Board administered the ordinances and also had the authority to waive certain requirements. Dan MacDonald noted that boards of the Town were charged with caring for the Town and he did not always feel that this was being carried out. He added that New Boston was at a critical time regarding its growth and the effect that Board's decisions had on the Town needed to be scrutinized. The Chairman replied that this was why certain Boards had specialties and they weighed the appropriateness of an
applicant’s proposal in conjunction with how ordinances should be applied. He added that so far the Boards they had heard from regarding this application such as the Police Department and Highway Department had no issues. He added that when the Fire Department came forward and recommended certain safety measures the Planning Board added those stipulations to the plan. The Chairman further added that unless compelling reasons were brought forth the Board was required to continue with the progression
of the application if it met the intent of the law. Dan MacDonald noted that the Planning Board
was the most powerful Board in the Town, therefore, they had the most responsibility.
James Nordstrom MOVED to adjourn the application of Ragamufen’s Properties, LLC, by James Eggers, NRSPR, Restaurant, Location: 35 Mont Vernon Road, Tax Map/Lot #19/6, Commercial “Com” District, to October 10, 2006, at 8:00 p.m. Bob Furey
seconded the motion and it PASSED unanimously.
LOCUS FIELD, LLC
Compliance Hearing/Subdivision/NRSPR/Condominium
Location: Salisbury Road
Tax Map/Lot # 13/15-2
Residential-Agricultural “R-A” District
The Chairman read the public hearing notice. Present in the audience was Bob Todd, LLS, and Rob Starace of Locus Field, LLC. James Nordstrom and Bob Furey stated that they had both viewed the site and found it to be compliant.
James Nordstrom MOVED to confirm that Locus Field, LLC, has complied with the conditions precedent and subsequent to the approval of the condominium subdivision and site plan, Unit A & Unit B, Tax Map/Lot #13/15-2, Salisbury Road and to release the hold on the Certificate of Occupancy/Use Permit to be issued by the Building Department. Bob Furey seconded the motion and it PASSED unanimously.
MISCELLANEOUS BUSINESS, cont.
3. Driveway Permit application for Stephen Curtis, 283 Old Coach Road, Tax Map/Lot #7/67-1, for the Board’s action. (Stephen Curtis to be present)
Stephen Curtis was present for this item. He stated that he had widened an existing secondary access on his property to the back of his garage/barn and because the Road Agent had told him that he saw no drainage issues he did not think that a Driveway permit was required. Gordon Carlstrom noted that Mr. Curtis could still have access to his barn without a secondary driveway. Stephen Curtis asked if it would be acceptable to the Board if he installed two small fences and a 4’ path as a byway. Gordon Carlstrom thought this would be fine as long as Mr. Curtis also loamed up to the stone wall on site and removed the street sign. He explained that when Mr. Curtis graveled the secondary access it looked like a standard driveway, therefore, an acceptable
solution would be to keep the benefit of an access but not have it look like a driveway.
18. Driveway Permit Application for Peter Baudanza, 337 Cochran Hill Road, Tax Map/Lot
#10/62, for the Board’s action.
The Coordinator noted that this was the first Driveway Permit Application submitted under the new Driveway Regulations. She added that there were no administrative or land use issues.
James Nordstrom MOVED to approve Driveway Permit Application #06-036 for a
proposed driveway, with the Standard Planning Board Requirements: the driveway
intersection with the road shall be joined by curves of twenty foot (20’) radii minimum;
and, the driveway shall intersect with the road at an angle of 60-90 degrees. Bob Furey
seconded the motion and it PASSED unanimously.
19. Faxed letter dated August 25, 2006, to New Boston Planning Board, from Earl J. Sandford, L.L.S., Re: driveway compliance for Tax Map/Lot #6/32-30, Swanson Road, for the Board’s action.
The Planning Assistant noted that there was a Certificate of Occupancy issued for the above noted property. Gordon Carlstrom noted that the issue here was that the driveway’s
compliance seemed negligible. The Chairman stated that Sandford Survey and Engineering needed to certify compliance, not “basic” compliance. The Coordinator stated that she would get in touch with Earl Sandford, LLS, PE, for better clarification on the compliance.
20. Daily road inspection reports dated, April 25th, May 5th, 15th, 26th, 31st, June 1st and 2nd,
2006, from Dufresne-Henry, Inc., Re: Daylily Lane, were distributed for the Board’s
information.
21. Read File: Notice of Public Hearing from the Town of Dublin, Re: Cell Tower extension.
22. A copy of a letter dated September 7, 2006, from Dwight Sowerby, Drescher & Dokmo, to Michele Brown, Planning Board Assistant, Re: David & Alexis Plantier, Bedford Road, Tax Map/Lot #12/71 & 12/71-3, Declaration of Common Driveway Easement & Maintenance Easement, was distributed for the Board’s review and discussion.
The Chairman stated that the plan did not seem to match the description in the above noted letter. The Coordinator stated that she would forward a letter stating this to the applicant.
23. Discussion, Re: engineering proposals.
The Coordinator stated that after conferring with James Nordstrom and Bob Furey the three top applicants were North Point, CLD and Stantec. She added that the Board might prefer to interview these candidates before making a decision and she was unsure if an extra meeting night should be added to the agenda to do so, otherwise there would be no time until the end of October, 2006. James Nordstrom stated that he was open to an extra meeting night to proceed with this matter. Bob Furey agreed. The Board determined that a meeting date of October 3, 2006, would be added to their agenda. The Planning Assistant asked if this would be a formal posting. The Coordinator replied that it would be.
24. Discussion, Re: change to RSA 676:12, VI.
The Coordinator explained that up to now an applicant was exempt from changes made to the Zoning Ordinance, Subdivision and Site Plan Regulations once the application was accepted as complete by the Planning Board. She noted that this statutory change granted that exemption once the application received its first public notice. The Coordinator also noted that this applied to preliminary applications as long as the final application was submitted within 12 months.
25. Discussion, Re: letter to Master Plan Committee.
The Coordinator asked that each Board member sign this letter of thanks which would be forwarded to the Master Plan Committee members.
26. A copy of a letter dated August 22, 2006, from John F. Bisson, Cronin & Bisson, P.C., to John M Safford, Clerk, Hillsborough County Superior Court, Re: Vista Road, LLC and Concerned Land Owners of New Boston, LLC v. Town of New Boston, was distributed for the Board’s information.
27. A copy of a letter dated September 11, 2006, from the Board of Selectmen, to Rick Martin, Right Way Builders, Re: Dam/Retention Pond, Beard Road Project, was distributed for the Board’s information.
The Chairman and Secretary endorsed the Site Plan noted earlier in item #5 and the condex plans for Locus Field, LLC, Tax Map/Lot #13/15-2..
At 11:17 p.m. James Nordstrom MOVED to adjourn. Bob Furey seconded the motion and it PASSED unanimously.
Respectfully submitted,
Suzanne O’Brien, Recording Clerk Minutes Approved:
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