Town of Plaistow, NH
Office of the Planning Board
145 Main Street, Plaistow, NH 03865
PLANNING BOARD
June 7, 2006
The meeting was called to order at 6:34 p.m.
Roll Call: Tim Moore, Chairman; Robert Zukas Vice-Chairman; Steve Ranlett; Barry Weymouth; and Michelle Curran, Selectmen Ex-Officio.
Also present: Leigh G. Komornick, Planning Coordinator and P. Michael Dorman, Building Inspector/Code Enforcement Officer.
Minutes of May 17, 2006, meeting
 M. Curran moved, second by R. Zukas, to approve the minutes of the May 17, 2006, meeting. There was no discussion on the motion. The vote was 5-0-0 U/A.
Minor Site Plan Review for “Hot Tubs and More”
There was no representation for this item and after a brief discussion the Board decided that there were too many issues that would need clarification from the business owner before any action could be taken on this request.
Some of the issues noted were:
- Whether or not some of the display would be in the State of New Hampshire right-of-way
- Placement of proposed temporary tent for tent sales
- How frequently there would be tent sales and how to monitor the temporary tent permitting
- Amount of merchandize in the grassed area
 S. Ranlett moved, second by M. Curran, to continue the minor site plan review for “Hot Tubs and More” to the June 21 meeting. There was no discussion on the motion. The vote was 5-0-0 U/A.
Review of letter of request from Ashley MacLeod regarding use of a 2,000 square foot space attached and behind Allen’s Wayside Furniture at 97 Plaistow Road for a Dance Studio
T. Moore read a letter from Ashley MacLeod noting her intention to renovate the space at the back of 97 Plaistow Road for use as a dance studio.
There was a brief discussion to confirm that the use would be allowable and there was adequate parking. Consensus was that it was an appropriate use of the space and that Ms. MacLeod could work with M. Dorman for occupancy.
Request for Occupancy by Speech and Language Therapy at 5 Elm Street
Todd and Kathleen McKechnie were present for the discussion.
T. Moore read a letter from Kathleen McKechnie stating her intent to use part of the building at 5 Elm Street to open a speech and language therapy services office. The other part of the building would be leased as office space.
There was discussion regarding the parking, it was noted there were three to four spaces available for off-street parking. It was also noted that the septic was an alarmed holding tank and for that reason the building could not be used residentially. The consensus was that it was a good use of the property and it was better than it being left vacant.
Construction Bond Reduction Request by Little River Village
It was noted the request for the bond reduction had been on the previous meeting’s agenda but the Board was waiting for comment from Underwood Engineering Inc. (UEI).
There was discussion of the work that had been completed at the Little River Village project and review of the work sheet provided by Phil MacDonald of UEI. There was also discussion on how best to word the motion for release of some of the funds.
 S. Ranlett moved, second by M. Curran, to reduce the construction bond being held for Little River Village to $309,160.20 as suggested by UEI. There was no discussion on the motion. The vote was 5-0-0 U/A.
Construction Bond Approval for NE Team Sports Complex (175 Plaistow Road) and Associated Notes from Phil MacDonald for same
There was review of the bond estimate sheet provided by P. MacDonald of UEI.
 M. Curran moved, second by S. Ranlett, to set the construction bond amount for the sports complex project at 175 Plaistow Road at $227,800.00 as recommended by UEI. There was no discussion on the motion. The vote was 5-0-0 U/A.
Construction Bond Release request for 126 Plaistow Road
T. Moore read a request from JJAMBS, LLC, owners of the property at 126 Plaistow Road requesting final release of their construction bond. He asked M. Dorman to confirm that the work had been completed.
M. Dorman noted the only items that were left to be done were the final paving and striping, which were both completed. He noted there was one tree that needed to be addressed but he was confident that he would be able to work with the owner on the matter.
 R. Zukas moved, second by M. Curran, to release the balance of the funds being held in the construction bond account for 126 Plaistow Road. There was no discussion on the motion. The vote was 5-0-0 U/A.
Discussion of Town of Plaistow Impact Fee Ordinance versus State RSAs and Letter from Code Enforcement Officer re: Blinn’s Auto Body Addition Site Plan.
T. Moore read a memo from M. Dorman regarding whether or not the site plan for 40 Main Street should be assessed impact fees. The memo reminded that, although the Board voted to allow a building permit to be issued, despite the fact that the plan was more than four years old and had nothing had started; nothing had been discussed or decided regarding the imposition of impact fees. The impact fees were determined to be the only applicable zoning changes that had occurred in the four years since the original site plan approval.
T. Moore noted the history of the plan and the offered that he didn’t see any benefit in asking that the plan be resubmitted for approval, since the only zoning changes were the impact fees. He added that he did think the Public Safety Impact Fee (PSIF) would be applicable, but he didn’t agree with the Water Line Impact Fee (WLIF) being assessed in this instance since the water line is no longer planned to go to this location. T. Moore suggested that the Board should look at the impact fees and amend them as needed for changes such as these.
The Board discussed whether or not impact fees should be applicable in this case. Comparisons were made to the situation when the plan for 149 Plaistow Road (Zoo Creatures) had passed the four year limit on protection from zoning changes. It was also noted there was some confusion regarding the date when the four-year protection had expired.
M. Dorman offered that he didn’t have an opinion as to whether or not the Board should waive the impact fees, he just felt it should be an on the record decision made by the whole board.
There was a brief discussion regarding when the impact fees should be calculated and disclosed to applicants.
L. Komornick noted that the RSAs describe a specific timetable for assessing impact fees. She added that she had consulted legal counsel regarding 40 Main Street and was advised that the impact fees would be applicable.
 S. Ranlett moved, second by R. Zukas, to waive the WLIF for the site plan at 40 Main Street conditioned on the submission of a written request for waiver received by June 9, 2006. There was no discussion on the motion. The vote was 5-0-0 U/A.
There was discussion on ways to better track plans to make sure they do not pass important deadlines. It was noted that the site at 1 Hilldale Ave (Paley) had long since passed the four year protection and nothing has been done with the site plan.
There was discussion on how best to proceed with regard to the site. It was decided that a letter would be sent to the owner to inform him that the Board would be holding a public hearing to revoke his site plan at the July 19, 2006, meeting.
Revision to Stan Bastek Condo Plan and Signature of Plans
L. Komornick noted for the record that there had been some slight revisions to the condo plans and the new plans were to be signed at this meeting.
Other Business – Letter & Information from Sumner Kalman re: Court Cases applicable to Chart (144 Main Street)
L. Komornick noted information provided by Attorney Sumner Kalman that may be of importance when considering plans that may come for the Chart property at 144 Main Street. She also noted that there may be a letter from a potential tenant that deals in bio-diesel products.
M. Dorman added that he had spoken with the same people and asked them to submit literature that could be reviewed in advance.
Other Business
M. Dorman noted a letter from the residents on Walton Road with reference to 207 Main Street. He offered that the enforcement issue was continuing to be dealt with and he was seeking authority to spend money on legal fees.
T. Moore noted for a record a letter from Fran Mahoney, 5 Hillcrest Ave, expressing concern and opposition to plans for a 55+ housing development on the Plaistow/Haverhill (MA) line.
R. Zukas questioned the person selling tomato plants at the Petroking site (119 Plaistow Road). It was noted that they were sent a cease and desist order.
M. Curran asked about the flower stand at the Hampstead end of Main Street and asked that it be checked to see whether or not she was running a business from the property.
It was noted that T. Moore and R. Zukas would be unable to attend the June 21 meeting. S. Ranlett, next in seniority, will chair that meeting.
T. Moore noted that the Capital Improvement Plan (CIP) committee would begin meeting in July. He asked the members to think about what kinds of updating they would like to have in order for the Board to be fully informed before being asked to vote on the updated plan. It was noted that B. Weymouth would continue to be the second Board representative to the committee, joining T. Moore.
 M. Curran moved, second by R. Zukas, to adjourn the meeting at 7:31 p.m. There was no discussion on the motion. The vote was 5-0-0 U/A.
Respectfully Submitted,
Dee Voss
Recording Secretary
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