PLANNING BOARD MEETING MINUTES
DATE:~ 02/20/2008
CALL TO ORDER: 6:30 pm
Roll Call:~Chairman Timothy Moore, Robert Zukas, Selectmen’s Representative Michelle Curran and alternates Neal Morin and Merilyn Senter
Unexcused: Steven Ranlett, Barry Weymouth
T. Moore states the minutes from the 2/6/08 Planning Board meeting are not available for distribution this evening.
T. Moore states the Staff report to the Planning Board on Agenda Item 4 and that the applicant has requested a formal, written continuation as attached.
T. Moore states Item 5 on the Agenda will be the first issue addressed. States this is a condo conversion application for the Westville Road Business Park Site Plan approved and under construction. States the applicant, D & H Construction, desires to convert the units from rental units into owner- occupied units through the process of condominium conversion. This process is addressed through State Law RSA 356-B and the Town of Plaistow Subdivision Regulations section 235-15.1. A special checklist has been adopted by the Planning Board and was utilized by the applicant in preparing the condo plans.
M. Curran asks if the back is all open and one level.
Charlie Zilch of SEC Companies states yes it is all open and one level.
L. Komornick states the report that is in the packet explains the process it went through and we do have extensive requirements when it comes to condo conversions. States the difference with this process is that the site plan was done by another company so the notes that are on the site plan did not get recorded. States the best method is to put a note that ties it back to that site plan.
R. Zukas asks if these plans go with the previous plans.
L. Komornick states these are not meant to replace the site plan it is only the venue for changing the structure.
L. Komornick states these are not meant to replace the site plan, before they can file for occupancy, they will use this site plan.
Ø Motion by M. Curran to conditionally approve the conversion to condos based on the receipt of the condo docs and State of New Hampshire doc approval; Second R. Zukas
Vote: 5-0-0 (U/A)
T. Moore states the next discussion will be the Staff Report to the Planning Board on Agenda Item 6.
T. Moore states this is a Final Site Plan Review Hearing on the proposed storage of containers on a portion of the site located at 214 Plaistow Road. States the plans being reviewed are a compilation of various site plans that have been developed over the years for various portions of the site which includes numerous parcels. States this process allowed the Town to require a complete set of site plans with all of the approval dates and specific information related to the approval of the various uses. States the approval being requested at this time is for the storage of the box containers and use of a portion of the building for this use. States Ron Pica will present the overview of the plans and proposals.
R. Pica from Pica Engineering representing Michael Panniello.
Attorney Robert Welts who is representing Mr. Panniello is also present
R. Pica states the site plan was never filed and there will be one available at the Registry now.
R. Pica states Century Leasing Group would like to use gravel pit area for box trailers and containers with purpose of leasing. States they will utilize existing building.
R. Pica states it will be a 400 x 400 foot area. States the minimal grade will be 15.8 and all of the parking will be on gravel. States the boxes are empty and they are not cleaned here, they are cleaned somewhere else
R. Pica states they are limiting the use to light maintenance inside the building and they will be doing light repairs of his towing vehicles.
R. Pica states two years ago coming into Planning Board, he worked with DES to see if they wanted them to do anything or if they needed to be re-permitted. States at that time they were told it was left up to the Town. States he once again spoke to DES and made sure all permits are in order. States DES met with their people, and decided it was a good idea to permit. States he received an email stating this would be expedited and they will be meeting with Conservation tomorrow.
M. Curran asks about what kind of maintenance will be done there
Mr. Panniello states regular vehicle maintenance would be done.
M. Curran asks if they are bringing in gravel or use what is there.
R. Pica states they are going to try to use what is there.
M. Curran states one of her concerns is there will be alot of dust. Asks what they are going to do about dust control.
R. Pica states they have not given much thought to dust control. States there will not be a lot of moving around. States this has been moved around before and there was not an issue with it then. States it is sand but it is not a dry sand. As soon as the weather provides there will be enough water content in the soil to not have that dust problem; but, if there does end up being one, they can handle it at that time.
M. Curran states she is wondering if they should consider paving it.
R. Pica states there will be a stabilized construction entrance and it will constantly be maintained
R. Pica states there are only two vehicles that transport these things.
M. Curran asks if there will only be two delivery vehicles going in and out of them.
Mr. Panniello states there will only be two. States they are out on rent for 18 months, they are not coming and going every day
M. Curran states she would like to see a note on the plan. States we don’t want to encourage bad practices back. States we want to make sure the facility is equipped properly to handle this.
Attorney Welts states all the tenants are all tenants at will. States there are no leases.
M. Curran states there is a threshold when you start becoming a truck terminal.
R. Pica states he will add “not a truck terminal” onto notes.
R. Zukas asks if they are utilizing the gate.
R. Pica states they are utilizing the gate. States there will be two gates.
R. Zukas asks about the soil and will it be a problem come spring time. Asks if trailers will be sinking in the mud.
R. Pica states no, they will not; but, if they have to, they can bring in more gravel.
M. Curran asks M. Dorman when they gave them their occupancy permit did they check on the work that was being done.
M. Dorman states they wanted to know where the oil was going and they submitted that satisfactorily.
R. Pica makes his recommendation about the waiver.
Ø Motion by M. Senter to conditionally approve the site plan upon receipt of the state of NHDES Site Specific/Reclamation approval with the condition of “not a truck terminal” added into notes section, Second by M. Curran
Vote: 5-0-0 (U/A)
T. Moore states they will now review the Waivers.
1.) Article 1 Section 230-11.b
To allow site plan approval without requiring drainage calculations.
Ø Motion by M. Curran to grant waiver on Article 1 Section 230-11.b; second by B. Zukas
Vote: 5-0-0 (U/A)
2.) Article 1 Section 230-12.H (2) (f)
To allow driveway and trailer/container storage area to have a gravel surface.
Ø Motion by R. Zukas to grant waiver on Article 1 Section 230-12.H; Second by N. Morin
Vote: 5-0-0 (U/A)
3.) Article 1 Section 230-14.S
To allow drawing scale to be 1” = 100’ for plans showing all lots
Motion by M. Curran to grant waiver on Article 1 Section 230-14.S, Second by B. Zukas
Vote: 5-0-0 (U/A)
4.) Article 1, Section 230-14.BB & Article 1, Section 230-14.CC
To allow site plan approval without showing buildings, septic systems, and wells on abutting properties
Ø Motion by M. Curran to grant waiver on Article 1 Section 230-14.BB and Article 1 Section 230-14.CC; Second by B. Zukas
Vote: 5-0-0 (U/A)
5.) Article 1, section 230-14.HH & Article 1, Section 230-23
To allow plan to be approved with existing natural screening and landscaping.
Motion by M. Curran to grant waiver on Article 1, section 230-14.HH & Article 1, Section 230-23; Second by R. Zukas
Vote: 5-0-0 (U/A)
6.) Article 1, Section 230-14.II & Article 1, Section 230-22
To allow plan to be approved without lighting candle power profile and luminaire design
Motion by M. Curran to grant waiver on Article 1, Section 230-14.II & Article 1, Section 230-22; second by R. Zukas
Vote: 5-0-0 (U/A)
7.) Article 5, Section 235-18.E (6)
To allow plan to be approved without having to install and describe lot corner monuments
B. Zukas asks if the monuments are in place.
R. Pica states he assumes not all the monuments are in place.
B. Zukas states there should be some monuments shown on this particular lot.
L. Komornick states that it is not required for lots of record to show monumentation.
Motion by M. Curran to grant waiver on Article 5, Section 235-18.E (6); Second by R. Zukas
Vote: 5-0-0 (U/A)
Ø Motion by M. Curran to conditionally approve all waivers; Second by B. Zukas
Vote: 5-0-0 (U/A)
T. Moore calls a ten minute recess: 7:53 pm
Call to order: 8:02 pm
R. Pica asks if the Board is going to waive the 14 day requirement.
T. Moore states he does not see why they would not send the letter right away.
T. Moore states the Board will discuss Wal-Mart and the four proposals for Charity events on the site brought before them.
T. Moore states these will be Non profit Fundraising Special events at the Business Locations in the town of Plaistow as follows:
1.) Harvest Fair Oct 4th 10 – 2 to raise money for Children’s Hospital
M. Curran states she has two issues with this. States this is the busiest day which is Saturday and the amount of traffic. States she does not think it is a good idea to encourage use of the sidewalk during this time.
T. Rodriguez states these events take place on the sidewalk. States they are four feet from the sidewalk from where they stand. States it does not bring more people.
M. Curran states that cannot be said because it will be advertised and people will be stopping out of curiosity.
M. Curran states the site plan was not approved this.
T. Rodriguez states they do not block entrances. States they are normally 30 feet from the entrances
B. Zukas states that by doing events on the sidewalk, you are encouraging people to linger. States when you start putting tables there during the peak of your business, people walking along the sidewalk will be forced down.
M. Senter points out the fact that placing the events far away from the doorway makes it difficult for people with disabilities. States there is no handicap parking between the main entrance and down by the Garden Center where these events take place.
L. Komornick asks about the liability.
T. Rodriguez states it is covered by their legal team and needed permission by both owners.
States there is no liability to the Town for anything that they do.
T. Moore states his opinion is that as long as there is a police officer there, he does not see an issue with it. States the vote would be contingent upon a police officer being there.
Vote: 3-2
(Opposed: M. Curran, R. Zukas)
2.) July 11-13th – Raise the Roof Fundraiser
T. Rodiguez states this would take place from Friday 5 pm – Sunday at 11 am.
M. Curran asks what would be in the tents and tables.
T. Rodriguez states it will be face painting, a band, games, water balloons, raffles, and fill the bucket.
M. Curran states she would be more comfortable if this was proposed every year and change it to a one time event.
Vote: 5-0-0 (U/A)
3.) Lawn & Garden Center Opening Cook Out
Vote: 5-0-0 (U/ A)
4.) Car Show & Cookout 4 – 9 pm
B. Zukas asks if the Associates are being moved to the back.
T. Rodriguez states they will be moved to the back.
M. Senter states he would like to see designated handicap parking spots near the Garden Center itself.
R. Zukas states he agrees and would also like to see handicap parking.
M. Curran states she would like to see police detail and to note that it is a one time event. States she would like them to come back before the board again before another event.
T. Rodriguez states she can come back after the event and give the Planning Board details on how the event went.
Vote: 5-0-0 (U/A)
Ø Motion by R. Zukas to approve Special Event requests, with changes, by Wal-Mart; Second M. Curran
Other Business:
Request for Payment on the Public Safety Impact Fee in the amount of $180.00.
Ø Motion by M. Curran to concur that this is in accordance for the expenditures related to the expansion of the Public Safety Complex and recommend to the Board of Selectmen to withdraw and pay $180.00 from Public Impact fees; Second by R. Zukas
Vote: 5-0-0 (U/A)
ADJOURNEMENT:
T. Moore adjourns meeting at 8:43 pm.
Respectfully submitted by,
Selwa Moured
Recording Secretary
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