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PB Meeting Minutes 02/01/2006
Town of Plaistow, NH
Office of the Planning Board
145 Main Street, Plaistow, NH 03865

PLANNING BOARD
FEBRUARY 01, 2006

The meeting was called to order at 6:30 p.m.

Roll Call: Tim Moore, Chairman; Steven Ranlett, Vice-Chairman; Ernest Sheltry; Robert Zukas; Michelle Curran, Selectmen Ex-Officio (arrived at 6:49 p.m.) and Barry Weymouth, Alternate (arrived 6:36 p.m.)

Also present: Leigh G. Komornick, Planning Coordinator and P. Michael Dorman, Building Inspector/Code Enforcement Officer

Minutes of the January 18, 2006, meeting

circlebullet.jpgR. Zukas moved, second by E. Sheltry, to approve the minutes of the January 18, 2006, meeting.  There was no discussion on the motion.  The vote was 3-0-1 (Ranlett abstaining).

Brief Discussion with Ron Brown re: Brown Hill Estates Subdivision

Ron Brown, owner Brown Hill Estates, was present for the discussion.

L. Komornick noted that Mr. Brown had been in the office with changes to his subdivision plan and was here before the Board looking for guidance.

R. Brown explained that he would like to shift the house over on the existing single family lot and then move the entrance to his 15-lot single-family housing development.  He noted that doing so would still allow enough property for the existing dwelling as well as provide the required 400 feet of sight line for Gunstock Road where it connects to Sweet Hill Road, without disturbing the neighbor’s properties.

S. Ranlett asked if Mr. Brown owned the single-family home.

R. Brown said that one of his companies, different from the one that owned the 15-lot subdivision, did.  He noted there would 400 ft of sight-line in each direction and the slope of the road would not exceed 9°.  Mr. Brown added that as part of an amended subdivision plan he would also have to do a lot line adjustment.  He offered that he had not yet determined exactly where to relocate the house on the property.

T. Moore offered that he did not have a problem with the concept, but that he would have to see the proposed changes as part of an amended site plan, as well as a new New Hampshire Department of Transportation (NHDOT) driveway permit.

R. Brown asked if a public hearing would be required for an amended site plan.

T. Moore replied that it would be.

Barry Weymouth arrived at 6:36 p.m.

R. Brown questioned if there were any issues that the Board could see that he should be looking at for this amendment.

T. Moore said the he would like to see the NHDOT driveway permit for what alterations would be required for Sweet Hill Road.

R. Brown explained that the abutters and the need for easements come out of play and there would be minimal alterations to Sweet Hill Road.

M. Dorman noted that until an amended plan has been received and reviewed, he didn’t want to close the door to review by other boards or committees, including the Zoning Board of Adjustment (ZBA).

The consensus of the Board was that the concept seemed good, but no final determinations would be made without seeing an amended plan and holding a public hearing.

Workshop on AEHC (Affordable Elderly Housing Community) with Planning Board Attorney, Bruce Marshall

Attorney Bruce Marshall and Paralegal Brandi Hurd, from Getman, Stacey, Schulthess and Steere, PA, presented a workshop for the Board.  The topic was elderly housing and what the Board should be doing as far as review and zoning changes.  The recommendation was that the Board take a look at the overall needs of the Town and determine what kind (private v. public funding; free standing dwelling v. complex style; high-end v. lower-income) of elderly housing is needed and wanted by the residents and then make changes to the zoning ordinances that reflect that research.

M. Curran arrived at 6:49 p.m.

There was discussion of the ideas proposed by Mr. Marshall, including what kinds of incentives the Town should be offering to encourage developers to propose the type of elderly housing needed by the Town.

Stephen Dougherty, developer from Massachusetts with property interests on the Haverhill/Plaistow line, cautioned that while the Board is looking at the needs of the community, the should also look at whether or not any changes they decide to make will be reasonable and cost effective for a developer to implement.

M. Dorman offered to reach out to PlanLink (online planning community) to see what other towns may be using for ordinance language to see if there was anything that would be helpful to the Board.

T. Moore noted that it had been ten to twelve years since the ordinance had been reviewed,  He added that it was time for a needs assessment and changes to be made, which would then be presented to the voters at a Town Meeting.

B. Marshall said that he would work with the Board and staff in an effort to make the elderly housing ordinances fit the needs of the Plaistow community.

There was also a short discussion of the need for other kinds of housing, particularly rental in the Town.

Review/Discussion of Brandy Brow Petition re: Discontinuance of Old Portion of Route 108

T. Moore explained that this topic had come up at the last Board of Selectmen (BOS) meeting.

M. Dorman showed the portion of the old Route 108 in question, noting that it had been blocked off many years ago and people were using it as a dumping ground.  He explained the owners of Brandy Brow Auto Salvage wanted the property to be turned over to them at which point in time they would allow it to return to its natural state.  Mike reminded that any changes they would want to make to their site, to include use of this portion of the property, would require Planning Board review of an amended site plan.  He added the property couldn’t be used without major conservation review.

R. Zukas noted the he had been talking with Frank Leandro, owner of Brandy Brow, who told him that he eventually would be coming before the Board to revise his site plan.  Bob said Mr. Leandro said he would like to raze the existing building and come back with a new plan.  He added that Mr. Leandro was not looking to put any more cars out on the property but reconfigure the lot to look more attractive.

S. Ranlett offered that the property looked much better than it did when they first came to town.

R. Zukas added that they just wanted to be able to stop people from dumping on the property, noting that they were considering fencing in the property.

circlebullet.jpgS. Ranlett moved, second by. R. Zukas, to recommend approval of the petition from Brandy Brow Auto Salvage to discontinue a portion of old Newton Road.  There was no discussion on the motion.  The vote was 5-0-0 U/A.

Other Business – Signage

M. Dorman noted that he had sent a notice of violation to a local person who had a sign up advertising an apartment for rent without a permit.  He said the owner of the property came back saying the ordinance didn’t specifically state rental signs, only real estate (for sale) signs, and he would like to clarify the Board’s intent on this matter.  Mike said that it was his recollection that the intent of the change was for all real estate signs, whether they were sale or rental.

M. Curran offered that when she brought forth the change her intent was for the regulation of real estate for sale signs only.

There was discussion about the intent of the ordinance change.  Some members of the Board felt that the ordinance should apply to all real estate (rental or sale) regardless of whether or not there was the name of a real estate company on the sign.  It was noted that someone could make a sign that used the distinct colors and design of a certain real estate company without putting the name of that company on the sign to circumvent the ordinance.  It was also noted that Article IX. §220-65A states that all regulated signs require a permit and a rental sign was listed as a regulated sign.

R. Zukas suggested that there was enough in the ordinance to stand on for enforcement, but that it should be clarified in next year’s zoning changes.  There was agreement among most of the Board.

M. Dorman noted there was another memo in the members’ packets regarding signage.  He noted that the question of defining “wall space” under Article IX, §220-59A continues to be an issue.  Mike said that in his memo he suggested that it be defined as the foundation to the roofline, minus any glass, noting that glass could already be used without a permit.

There was consensus of the Board that this was the appropriate working definition and it should be noted to be included in future zoning changes.

Other Business – NHDES (New Hampshire Department of Environmental Services) memo

A memo from NHDES regarding violations at Brown Hill Estates was noted.

Other Business – 11 Lynwood Street

T. Moore noted that a public hearing would be held at the next meeting to allow for review of an application for a municipal liability waiver for property located at 11 Lynwood Street.

Other Business – 207 Main Street

A letter from the neighbors of 207 Main Street was read.  It noted a number of issues that were of concern regarding the property.

M. Dorman noted the he was already pursuing many of the issues noted in the letter, such as the fence, driveway access on Walton Road, reported burning on the property and the storage trailers.  He added that he had talked to the property owner and was informed that he will soon be submitting a site plan for review.

Other Business – Engineering Assignments

L. Komornick noted a list of engineering assignments that would transition from Underwood Engineers to CLD Engineering.

Other Business – Timberlane School Career Day

It was noted there was an invitation from the Timberlane School District for participation in their Career Day and job shadow program.

Other Business – Bond Summary Sheet

L. Komornick noted the bond summary sheet showing activity for the year 2005.

Other Business – Condo Conversion Projects

L. Komornick reported that she had received an answer from legal counsel as to whether or not a condo conversion project required State Subdivision approval, noting that it was his opinion that the approval was necessary.  She said that she would be sending letters to recent conversions that had not shown such approval cautioning them to submit to the State.

Other Business – Additional Regulation Amendments

L. Komornick asked the Board if they wanted to schedule a public hearing to discuss any additional changes to Site Plan or Subdivision Regulations.

M. Dorman suggested that changes be discussed at a regular work session before a public hearing is posted.  The Board agreed.

The meeting was adjourned at 8:30 p.m.


Respectfully Submitted,


Dee Voss
Recording Secretary