Town of Plaistow, NH
Office of the Planning Board
145 Main Street, Plaistow, NH 03865
PLANNING BOARD
November 15, 2006
The meeting was called to order at 6:35 p.m.
Roll Call: Tim Moore, Chairman; Robert Zukas, Vice-Chairman; and Michelle Curran, Selectmen Ex-Officio were present. Barry Weymouth was excused and Steve Ranlett was absent.
Also present: Leigh G. Komornick, Planning Coordinator and P. Michael Dorman, Building Inspector/Code Enforcement Officer.
Discussion only: Zoning Boundary Changed for CI zone. Purpose would be to come to a consensus for final wording to be posted for a public hearing on December 6, 2006
Adam Pappalardo, Little River Properties, 23 Atkinson Depot Road, questioned what changes the Board was reviewing that might affect his property and how those proposed changes might affect the uses of his rental property.
T. Moore explained where the Board was looking at changing the CI district to I (Industrial). He noted that whatever uses currently existed would be grandfathered and lesser uses were generally permitted. T. Moore added that changing the zoning would probably increase, not restrict the allowable uses for the property.
There was discussion of other parcels in the area that were proposed to be changed.
Discussion only: Report on progress on zoning changes to AEHC ordinance.
DRAFT REWRITE:
§220-51. Objectives and purpose.
A.To provide housing for the elderly (55 years or older) residents of the Town of
Plaistow in a clustered development that fits the characteristics of the surrounding
area.
B.Elderly Housing Districts shall be permitted in the CII, MDR, LDR and ICR Zones. Unless otherwise noted, the provisions of this Article shall supersede those in the zone where this overlay district is being applied.
C. To the extent possible, the objective shall be to make these housing opportunities available to Plaistow residents and to make certain a minimum percentage of the units affordable and to make a certain minimum percentage of the units available as rental units. Affordability and rentability are exclusive, that is, any one unit may be counted as both rentable and affordable if all the criteria established in this Article are met. Covenants shall be written into the unit deeds that will ensure the minimum percentages for affordability and rentability continue in perpetuity.
D. Nursing homes, convalescent homes, or assisted living facilities are not allowed in this district.
E. All projects being submitted using this overlay district must submit a Site Plan. Additionally if any subdivision of land or ownership (condominiums) occurs then a subdivision plan must also be submitted.
Replace Section 220-52 in its entirety with the following new section:
§220-52. Definitions.
As used in this article, the following terms shall have the meanings indicated:
AFFORDABLE HOUSING UNIT - A 1 or 2 bedroom dwelling unit where at least 1 occupant (owner/renter) is 55 years of age or older and where the mortgage/rent does not exceed 30% of combined income of all adult (21 years of age or older) occupants in the dwelling unit.
ELDERLY HOUSING UNIT – A 1 or 2 bedroom dwelling unit where at least 1 occupant (owner/renter) is 55 years of age or older.
Replace Section 220-53 in its entirety with the following new section:
§220-53. Building and Site Design Requirements
A. Site Design Requirements
1. Site must have 150 feet of frontage on an existing or proposed Town of Plaistow Class V or better road.
2. Roadways must be a minimum of 24 feet wide plus a 5 foot sidewalk (paved or concrete) and a 5 foot grass median between the road and sidewalk.
3. A. One (1) parking space must be provided for each dwelling unit.
B. One (1) additional space for every 2 units must be provided where 1-20 units provided or 1 additional space for every 3 units must be provided where over 20 units are constructed. Handicapped spaces must be provided to meet all ADA requirements.
4. The minimum lot size shall be 160,000 square feet. At least 50% open space must be provided and no more than 30% of which can be in a wetlands district or have slopes greater than 15%. Open space shall be owned in common by all unit owners. The Elderly Housing Complex and its open space must be on a single lot.
5. A 50 foot buffer must be provided on all side and perimeter lot lines. A 50 foot front buffer must also be provided, however it must not interfere with driveway site distance. Buffers may consist of natural vegetation or planted vegetation. At the discretion of the Planning Board, a fence may be used in place of or in addition to a portion of the vegetation.
6. No dwelling unit may front any existing public street and may not directly access an existing public street.
B. Building Design Requirements:
1. For elderly communities with nine or more bedrooms, a social room having 15
square feet per resident shall be provided
2. Building height may not exceed 45 feet
3. All dwelling units shall have a maximum of 2 bedrooms
4. All Elderly Housing Communities may contain any number of 1 or 2 bedroom units by may not contain more than 80% of any 1 type
5. Units may not exceed 1,200 square feet
6. All dwelling units must be equipped with washer and dryer hook ups.
7. All dwelling units must have an at grade or elevator access
8. All buildings must have any emergency egress plan that must be submitted to the Planning Board, reviewed and approved by the Plaistow Fire Department, and copies made available to all building occupants
9. All units must be able to meet all ADA guidelines
Replace Section 220-54 in its entirety with the following new section:
§220-54. Density
A. All plans submitted under this ordinance must show calculations for the maximum number of bedrooms permitted on the site by NHDES septic loading criteria. This is to be used as a theoretical maximum number of bedrooms. Other criteria may significantly lower the number of bedrooms permitted.
B. A maximum of four, 1 or 2 bedroom units may be constructed per 40,000 square feet.
C. An additional bonus of 2 dwelling units per 40,000 square feet may be constructed if they are to remain rental units in perpetuity.
D. An additional bonus of 2 dwelling units per 40,000 square feet may be constructed if they are to provide affordable units for the elderly occupants.
E. No more than 2 bonus dwelling units may be constructed per 40,000 square feet.
End of Proposed Elderly Housing ordinance.
11) Update the Plaistow Impact Fee Schedule for Public Safety, Schools, and Recreation. No change in calculation methodology, updates based on increase in cost of materials and or building costs per square foot.
T. Moore explained that there had been a little more research done and facts gathered but nothing had been put into specific verbiage. He noted there following
- Laundry rooms in each unit was preferable to a common laundry area
- 1500 to 1800 sq. ft. was the target for the living space, not the current 1200 sq. ft. 2000 sq. ft. was thought to be excessive for the type of downsized housing proposed
- 2-stall garages were preferred, but it was important to have at least one garage
- 2-bedroom units were preferred. There was discussion as to whether or not it was important to set a limit that required a certain percentage of units be one-bedroom or to let the developer or market determine the need.
There was discussion of other criteria for this type of housing. Some of the items discussed were:
- Minimum of 4 contiguous acres would be required for development and the number of units to be determined by septic loading requirements, soils and slopes.
- How many units must be reserved as affordable
It was noted that there may be a need for two different changes to the ordinance. One that would insure a certain percentage of units would be available and maintained as “affordable” and what that would be defined as and another ordinance that would set criteria, including benefits for development of “elder” housing for those who were looking to downsize, but maintain a certain standard of living. There was discussion as to what each of these changes should be and how to balance what would be reasonable for developers with the best interests of the Town.
There was also discussion as to whether or not there should be some kind of cap on the number of either of these types of developments that could be built in Plaistow and how that should be determined.
There was discussion regarding the need for making units handicap accessible.
Ron, Brown, owner of property on Sweet Hill Road referred to as Brown Hill Estates, noted that requiring each unit be handicap accessible would mean a ramp for each building. He offered that this was unnecessary and would make units less desirable on the open market.
M. Dorman offered that the wording be that each unit should be built to be easily adapted to handicap accessible if needs be. He noted that such requirements would include widths of doorways, heights of entries and sizes of bathrooms. He added that it would no require that counters be at certain heights or the handles be installed in bathrooms but that the units be constructed in such a way that should a need arise to make a unit handicap accessible it could be reasonably done.
There was additional discussion as to what would need to be included as a minimum handicap accessibility requirement in a proposed ordinance change. It was suggested that a smart builder would be willing to include future handicap accessibility considerations. There was caution expressed as to how far accessibility considerations should be taken.
R. Zukas expressed concern that if too many accessibility spatial considerations were required to be included in the construction then the maximum square footage would need to be increased.
Larry Craig, consultant on 55+ housing, present the Board with handouts regarding such construction in other communities and offered assistance in the crafting of any ordinance.
There was a discussion regarding project financing and how certain requirements affected that availability. What administrative assistance, both for development and maintenance of these developments, and under what scenarios each were available was also discussed.
There was continued discussion regarding capping the number of units that can be built over time in Plaistow and what factors should be considered in calculating that maximum. It was again noted that perhaps two separate ordinances needed to be constructed, one that would focus on the affordability aspect and another that would provide criteria for construction of housing the while being for people 55 and older would be more of an upscale community. Sizing and layouts (such as a cluster arrangement) of each development was again discussed. It was noted that not all areas of town would be suitable or desirable for these types of communities. Traffic and proximity to amenities were highlighted as determining factors for the location of any project.
M. Curran noted that, while she had compassion for the needs of any developer in being able to make a profit on a project, her focus was on the long range needs of the Town. She noted that seniors were eligible for certain tax breaks.
T. Moore suggested that more work needed to be done before the changes were ready to be posted. He offered that another draft could be put together and posted for public hearing and provided there were not significant changes, they could be made the night of the hearing and posted to the warrant.
Discussion only: Zoning Boundary Changed for CI zone. Purpose would be to come to a consensus for final wording to be posted for a public hearing on December 6, 2006
Discussion only: Zoning Boundary Changed for CII zone. Purpose would be to come to a consensus for final wording to be posted for a public hearing on December 6, 2006
Discussion only: Zoning Boundary Changed for VC zone. Purpose would be to come to a consensus for final wording to be posted for a public hearing on December 6, 2006
The Board reviewed prepared maps that showed existing zoning district lines and proposed changes to those lines to follow property boundaries. Where the boundaries for the new Village Center District would be were also reviewed.
John Blinn, owner of property on Westville Road, was present and requested that the current zoning on a certain property that he owned not be changed from CI to MDR.
The Board discussed the pros and cons of changing the zoning of the subject property. It was consensus that considering the location, the surrounding uses and the traffic that it didn’t make good planning sense to change the zoning on the property.
There was a brief discussion of the need for improvements to Westville Road.
L. Komornick offered that an unexpected bonus to the review of where to change zoning lines was the identification of areas that should be looked at for betterment. She added that it was recognized that Westville Road would become a major east/west passage with the proposed improvements to Route 125, making the need for upgrading even greater
Discussion only: Subdivision and Site Plan Review Changes. Purpose would be to come to a consensus for final working to be posted for a public hearing on December 6, 2006
1) Amend Chapter 230, Site Plan Review, Article IV, Fire Protection, by adding a new Section 230-26 as follows:
§230-26 Waterline Fire Suppression System.
For all new site plans and for those showing major renovations or improvements and that have frontage on Route 125, the Planning Board shall require that the applicant tie into the existing fire suppression system or make provisions for such tie in at a future date. All plans for such tie in shall be reviewed and approved by the Water Superintendent and/or Fire Chief. All such improvements must also be consistent with the NH Department of Transportation, NHDOT, Route125 improvement plan. The NHDOT Route 125 improvement plan is available at the Planning Board Office. Improvements may include, but not be limited to, the following:
A. Installation of waterline along the frontage of Route 125.
B. Installation of a fire hydrant.
C. Cross over – waterline installed under Route 125 such that a connection to an active
or proposed waterline can be made on the opposite side of Route 125.
Discussion:
It was noted that this would eliminated the waterline impact fee in favor of physical construction.
R. Zukas questioned if there were any restrictions on digging up recently resurfaced roads and cautioned that should be considered for each site plan when water line additions or alterations are proposed.
M. Dorman noted the State will not allow a new road to be cut for five years.
T. Moore suggested that whenever possible installation of the Town’s fire suppression line should coincide with the State’s plan for road redevelopment.
M. Curran offered that there was coordination with the New Hampshire Department of Transportation (NHDOT) as part of the Route 125 redevelopment.
T. Moore noted there was a reserve fund in place to pay for needed construction.
« M. Curran moved, second by R. Zukas, to post the proposed change for public hearing. There was no discussion on the motion. The vote was 3-0-0 U/A.
Amend Chapter 235, Subdivision of Land, Article V, Plats and Data for Final Approval, Section 235-23 by changing all occurrences of “Town Engineer” to “Planning Board Engineer”.
2) Amend Chapter 235, Subdivision of Land, Exhibit A, “Town of Plaistow Typical Road Cross Section,” by replacing it with a revised one that provides for sidewalks and a grassy median strip between the road and the sidewalk.
« M. Curran moved, second by R. Zukas, to post the proposed change for public hearing. There was no discussion on the motion. The vote was 3-0-0 U/A.
3) Amend Chapter 235, Subdivision of Land, Article V., Plats and Data for Final Approval, Section 235-23, Construction Bonds, by replacing letter A. as follows:
« R. Zukas moved, second by M. Curran, to post the proposed change for public hearing. There was no discussion on the motion. The vote was 3-0-0 U/A.
Upon final approval of a subdivision and prior to the Planning Board’s signature of a mylar, the applicant shall furnish a construction bond within 45 days in an amount that equals 10% of the total cost of construction. Subsequently, prior to a building permit being issued, work not completed in the right-of-way shall be bonded 100% per paragraph B. below.
The purpose of the construction bond shall be to hold an amount of money sufficient to insure that the health, safety, drainage, potential erosion and wetlands issues can be successfully addressed with no cost to the town.
The Planning Board reserves the right to require more than 10% total cost of construction, but, as a minimum, the following items must be bonded:
1. Make safe/secure all unfinished structures.
2. Restoration of the 25-foot “No-Cut, No-Disturb” wetlands buffer to its natural state,
including planting wetlands vegetation.
3. Loam and hydroseed all disturbed areas.
« M. Curran moved, second by R. Zukas, to post the proposed change for public hearing. There was no discussion on the motion. The vote was 3-0-0 U/A.
Discussion only: Changes to bonding requirements, excavation permits, and other miscellaneous coning changes. Purpose would be to come to a consensus for final wording to be posted for a public hearing on December 6, 2006
Article Z-1 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, Section
§ 220-28., Establishment of Districts, by revising it as follows:
The Town of Plaistow is divided into the following districts as shown on the Zoning Map:
RC Residential-Conservation
LDR Low Density Residential
MDR Medium Density Residential
CII Commercial II
CI Commercial I
IND Industrial
ICR Integrated Commercial-Residential
The official Zoning Map is generated by a Geographic Information System (GIS) and is on
file in the Department of Building Safety and Planning Board offices in the Plaistow Town
Hall.
Amend Article V., Establishment of Districts and District Regulations, Section §220-29., Zoning Map, by removing it.
The purpose of this amendment is to eliminate redundant text between §220-28 and §220-29.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-2 Are you in favor of the adoption of an amendment as proposed by the Planning Board for the Plaistow Zoning Ordinance as follows:
Amend Article V, Establishment of Districts and District Regulations, Table 220-32I,
Minimum Dimensions for All Districts, by adding a note at the end of the table that states, “For Commercial and Industrial site plans also see Chapter 230, Site Plan Review Regulations, Article III, Landscaping, Section 230-23, for additional buffer requirements for open space, screening, and landscaping.”
The purpose of this amendment is to add a reference to the site plan and subdivision regulations.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-3 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, by revising the CI district boundaries on the zoning map to correspond with property lines as shown on the proposed diagram below:
The purpose of this amendment is to ensure that each parcel of land is contained in no more than one zone.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-4 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, by revising the CII district boundaries on the zoning map to correspond with property lines as shown on the proposed diagram below:
The purpose of this amendment is to ensure that each parcel of land is contained in no more than one zone.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-5 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, by revising the CI district boundaries on the zoning map along Westville Road as follows:
The purpose this amendment is to……
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-6 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, by adding a new “Village Center (VC) District” to the list of districts in Section 220-28 and adding a new Table 220-32D to read as follows:
Table 220-32D
“VC” – Village Center
A. Objectives and characteristics. The purpose of the District is to provide a pedestrian-friendly area where residents may live, shop, work, and conduct town business. Where possible traffic calming techniques should be applied throughout the district and sidewalks should be provided on both sides of the street. The District boundaries are shown in the diagram below.
B. Uses.
Permitted Uses Allowed by Special Exception
1. Retail business (maximum 12. Day-care center
2,000 square feet per lot) 13. Home occupation
2. Place of worship 14. In-law apartment
3. Business/professional office (owner-occupied only)
4. Funeral establishment
5. Public use, limited to
public safety and service
6. Single-family residence/duplex
7. Accessory use
8. Essential service
9. AEHC (Affordable Elderly Housing Community)
10. Multifamily
11. Mixed use where an owner-occupant may reside and establish a business in building(s)on the same lot.
C. Areas and dimensions.
(1) Minimum lot size:
(a) Area: 40,000 square feet (per family).
(b) Frontage: 150 feet. Exception: Duplex uses require 200 feet of frontage.
(2) Minimum yard dimensions: refer to Table 220-32I.
(3) Maximum lot coverage: 30%.
(4) Maximum height: 45 feet or three stories, whichever is less.
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, Table 220-32I by replacing the text that says “Where Commercial II land…” with “Where Commercial II or Village Center land…”
The purpose of this amendment is to create a “Village Center” District.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-7 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article V, Establishment of Districts and District Regulations, by adding a new district, Residential Conservation II (RC II) and by renaming the existing Residential Conservation district to Residential Conservation I; all occurrences of Residential Conservation in Section 220 shall be changed to Residential Conservation I.
Amend Article V, Section 220-38 by adding the new RC II district to the list of districts.
Amend Article V, Section 220-32 by adding the new RC II district to Table 220-32 by renumbering Table 220-32I to Table 220-32J and by adding a new Table 220-32I as follows:
Table 220-32I
Residential Conservation II
A. Objectives and characteristics. The purpose of this district shall be to make the most efficient use of the land and provide large contiguous areas for wildlife habitats. All plans submitted in this district will follow the PRD guidelines as specified in Section 220, Article VI.
B. Uses.
Permitted Uses Allowed by Special
Exception
1. Single-family and duplex 11. Nursing and convalescent
dwellings homes
2. Multifamily housing in 12. Home occupation
a PRD* 13. Fraternal, service and
3. Manufactured housing in charitable uses.
a PRD* 14. In-law apartment in
4. Accessory buildings owner-occupied
5. Private/public nonprofit single-family dwelling*
recreation
6. Essential services
7. Agriculture
8. Forestry
9. Churches
10. Cemetery/burial site and mausoleum
10.1. AEHC (Affordable Elderly
Housing Community)
*See Article VIII.
C. Areas and dimensions. The same as those required for a PRD project in the LDR district.
Amend Article V., Establishment of Districts and District Regulations, §220-28., Establishment of Districts, Table 220, Minimum Dimensions for All Districts, by replacing “Where Residential Conservation abuts any other land use,” with “Where Residential Conservation I or II abuts any other land use.”
This table is currently labeled 32I but is proposed to become Table 32J.
The purpose of this amendment is to make the most efficient use of the land and provide large contiguous areas for wildlife habitats.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-8 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows: Amend Chapter 220-2, Definitions, by adding the following new definitions:
PROCESSED RECYCLABLE MATERIAL - A recyclable material which has been physically sorted and separated by material type, formed into bales or otherwise physically processed and packaged in a manner satisfying the specifications for transportation to and acceptance by a market that will use the material for the production of certified waste-derived products.
RECYCLING – Means “recycling” as defined by RSA 149-M:4, XX, namely “the collection, storage, processing and redistribution of recyclable materials.” The term excludes the redistribution of recyclable materials for any purpose constituting disposal as defined in RSA 149-M:4, VI, incineration or another purpose not directly related to the production of certified waste-derived products.
RECYCLING FACILITY -- A collection, storage and transfer facility which collects, stores and prepares recyclable materials for market and transfers processed recyclable materials to markets for recycling. The term includes “recycling center.”
RECYCLABLE MATERIALS – Means “recyclable materials” as defined in RSA 149-M:4, XIX, namely “materials that can be used to produce marketable goods, including but not limited
to separate clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, and paper.” The term does not include:
(a) Hazardous waste, hazardous air pollutants, and other waste not regulated as solid waste, as identified in Env-Wm 101.03;
(b) Waste identified as non-reusable in Env-Wm 2600, including asbestos and infectious waste; and
(c) Wastes from an unspecified production or generation process, such as municipal solid waste incinerator ash and contaminated soils or absorbent media.
SELECT RECYCLABLE MATERIAL – A recyclable material comprised of one of the following materials: paper, cardboard, glass, plastic, ferrous metal, non-ferrous metal, or textile materials.
The purpose of this amendment is to provide necessary definitions for particular uses.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-9 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article XIV, Section 220-100 F, “Imposition of waterline fire suppression system capital expenditures impact fee”, by removing it. The expansion of the fire suppression system will be covered in Site Plan Review regulations by adding a new paragraph to Section 230.
The purpose of this amendment is to move requirements from zoning to Section 230-26 of the site plan review regulations.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-10 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article VII, Affordable Elderly Housing Community (AEHC),
The purpose of this amendment is to amend the AEHC ordinance.
(RECOMMENDED BY THE PLANNING BOARD)
Article Z-11 Are you in favor of the adoption of an amendment as proposed by the planning board for the Plaistow Zoning Ordinance as follows:
Amend Article XI, Excavations, Section 220-70, Permit Required, Paragraph C, Other Exceptions, as follows:
1. Modify paragraph 1 to clarify the reference to the permit so that it reads, “No State permit …”.
2. Modify paragraph 2 to clarify the reference to the permit so that it reads, “No State permit …”.
3. Add a new paragraph 3 to read as follows:
(3). In cases where a State permit is not required for reasons specified in Paragraph C, a Local Excavation permit is required.
(a). The Local Excavation permit form shall be specified in the Subdivision regulations.
(b). All Local Excavation permits shall require a public hearing except for those cases where the applicant is also applying for site plan or subdivision approval in which cases the discussion and review of the excavation information will take plan during the normal site plan/subdivision approval process.
(c). In all cases a separate drawing must show the reclamation to be done at the completion of the excavation.
(d). In cases where excavation is coincident with site plan or subdivision approval, no excavation can take place until the site plan and/or subdivision has been approved and all conditions of approval have been met.
(RECOMMENDED BY THE PLANNING BOARD)
« R. Zukas moved, second by M. Curran, to post all the proposed changes, with the exception of Article Z-10 (AEHC) for public hearing on December 6, 2006.
It was noted that these changes had been previous discussed a number of times and the members were familiar with the language.
There was no additional discussion on the motion. The vote was 3-0-0 U/A.
T. Moore noted that all items discussed at this meeting are available at the Planning Office.
The chairman adjourned the meeting at 9:00 p.m.
Respectfully submitted,
Dee Voss
Recording Secretary
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