PLANNING BOARD MINUTES
September 17, 2008
Call to Order: 6:32 p.m.
ROLL CALL: Present for the Planning Board were: Steven Ranlett, Vice-Chairman; Peter Bealo; Robert Gray, Selectmen Ex-Officio; and Neal Morin, Alternate. Timothy E. Moore, Chairman, and Barry Weymouth were excused.
Also present was Leigh Komornick (arrived at 7:04 p.m.), Planner, and P. Michael Dorman, Chief Building Official.
N. Morin was appointed as a voting member in place of B. Weymouth.
Minutes of the September 3, 2008, Meeting
P. Bealo moved, second by R. Gray, to approve the minutes of the September 03, 2008, meeting. There was no discussion on the motion. The vote was 4-0-0 U/A.
A Public Hearing on a site plan amendment for a property previously approved for a contractor’s yard (including associated outside storage, office and warehouse space), and future tenant spaces for tradesmen and others utilizing a mix of office and warehouse space. ~The proposal is to reassign a portion of the existing building(s) and site for the manufacture of concrete building panels, and another portion for refurbishing mechanical equipment and the fabrication and assembly of mechanical equipment (including storage, office space, and warehouse/commercial space for both uses). ~~~The property is located in the industrial zone at 144 Main Street, Tax Map 41, Lots 12 and 13, totaling 37+/- acres. The owner of record is Testa Realty, LLC.
Present for the application were: Terry Trudel, SEC and Associates; Attorney Stephen Cicatelli, Massachusetts Counsel for Testa Corp.; Abdi ***** ; and John Green, Green Machine (proposed tenant).
S. Cicatelli reminded of some of the outstanding issues with reference to the application from Green Machine, including additional information regarding the evaporating equipment, which he reported had been submitted to the Planning Office. He added that L. Komornick and Bernard Campbell (New Hampshire Attorney for Testa, Corp.) had met with officials at NHDES (New Hampshire Department of Environmental Services) in reference to the permitting procedures for the painting spray booth and had worked out some notes regarding that process. Mr. Cicatelli offered that a video was produced of Mr. Green’s facility in New York as the Board had requested and that they were seeking conditional approval this meeting.
P. Bealo noted that it wasn’t the Board who specifically requested the video but suggested that a way be found to show residents and abutters the operation. He added that as of 1:00 p.m. on the previous Monday the information regarding the evaporating equipment had not been received, according to the Planning Office, but he was not going to hold up things at this meeting for not having seen the information.
A short video of Green Machine’s operations in New York was shown.
P. Bealo offered that the operations didn’t appear to be much different than what someone might see at Richard’s Steel and Iron Works or at Dan Poliquin’s shop.
R. Gray noted there was a pile of debris at the back of the property in the video.
J. Green explained that they did not own the property and it was not their debris.
R. Gray asked if there was a note on the plan that there was to be no outside storage.
T. Trudel replied that it was his understanding that there was.
S. Cicatelli added that Green Machine was leasing 5,110 sq. ft. of office space and Bay A only, no outside space.
T. Trudel read the notes on the plan that restricted the use to storage and assembly within the building.
P. Bealo asked if the new wording on the plan had been reviewed.
S. Cicatelli offered that they had not changed any of the notes.
R. Gray asked if the driveway questions had been resolved.
M. Dorman suggested that it still needed to be discussed, specifically the applicant’s request to do the paving in phases as tenants fill the building.
S. Cicatelli offered that the contract for paving is out to four pavers for bidding and they expected to have it taken care of by January 1 (2009) and to have the entire site completed next spring. He added that the work on the driveway was completed.
M. Dorman agreed that the Town’s portion of the driveway was improved but he didn’t know if the Board was satisfied that it was sufficient.
S. Cicatelli offered that the driveway had been resurfaced and if potholes were to appear it would be fixed.
There was discussion regarding the pavement and how much would need to be resurfaced in order for Green Machine to be granted a certificate of occupancy (CO). A plan was discussed that showed all the areas to be used by Green Machine for access and employee parking as being resurfaced. It was noted that, at a minimum, areas to be used by specific tenants would have to be paved prior to them receiving a CO.
S. Cicatelli offered that they would agree to do a skim coat of pavement at this time and continue to monitor and repair as the need is demonstrated.
P. Bealo moved, second by N. Morin, to accept the plan for Green Machine at 144 Main Street as complete. There was no discussion on the motion. The vote was 4-0-0 U/A.
It was noted for the record that the requested waivers were approved at a previous meeting.
There was a discussion regarding the notes that were written by staff in conjunction with Attorney Campbell. The suggested notes to be added to the plan were:
Green Machine may not take delivery of, install or operate any equipment associated with a spray booth or spray painting of materials or equipment without receiving a permit from the NH Department of Environmental Services Air Resources Division, or a written determination that such a permit is not needed. If, after calculations performed as described above, and a permit is not required, the applicant would then only be required to pay $500.00 to NHDES and the applicant will agree to allow a NHDES inspector to view the site to check the spray booth out after it is set up and assure that it is functioning properly.
S. Cicatelli suggested that the words “take delivery of, install or” be removed from this note as he didn’t believe it would be possible for NHDES to inspect the equipment to issue the permit without it being delivered and installed. He further suggested that the amount of $500.00 be changed to “necessary fees” should there be a change in the NHDES at any time.
The Board agreed to delete the suggested portion but left the notation of the $500.00 fee.
The applicant must register with NHDES on the Hazardous Waste Materials. (Hazardous Waste Limited Permit). NHDES had referred the applicant to the appropriate NHDES official to determine if this process will be required. It is unknown at this time if this will be required until NHDES receives additional information about the materials being used, possibly the residue after the evaporation process.
S. Cicatelli suggested that the words “if required” be inserted at the beginning of the note as the rest of the note implies the possibility that such a permit may not be required. The Board agreed to the change.
If there is to be any sandblasting outside of the building, the applicant will pursue the necessary permits from NHDES. (NHDES noted that if they perform sandblasting inside, then there is no permit required.)
S. Cicatelli suggested that the note was not necessary as the Green Machine lease did not include any outside uses. The Board scratched the note in favor of a note on the plan that disallows any outside activities.
Addition of State of NH Department of Transportation Driveway Permit Number listed on the plan.
S. Cicatelli agreed that the NHDOT driveway permit number would be added to the plan.
After brief discussion a note regarding resurfacing the pavement was added.
R. Gray moved, second by N. Morin, to approve the site plan for Green Machine at 144 Main Street with the following conditions:
- Green Machine may not operate any equipment associated with a spray booth or spray painting of materials or equipment without receiving a permit from the NH Department of Environmental Services Air Resources Division, or a written determination that such a permit is not needed. If, after calculations performed as described above, a permit is not required, the applicant would then only be required to pay $500.00 to NHDES and the applicant will agree to allow a NHDES inspector to view the site to check the spray booth out after it is set up and assure that it is functioning properly.
- The applicant, if required, must register with NHDES on the Hazardous Waste Materials. (Hazardous Waste Limited Permit). NHDES had referred the applicant to the appropriate NHDES official to determine if this process will be required. It is unknown at this time if this will be required until NHDES receives additional information about the materials being used, possibly the residue after the evaporation process.
- Addition of State of NH Department of Transportation Driveway Permit Number listed on the plan.
- A skim coat (1” to 1½”) of pavement will be added from Route 121A (Main Street) to the guard shack/gate and noted plan improvements for this specific tenant.
There was no further discussion on the motion. The vote was 4-0-0 U/A.
Discussion with Nick’s Garage re: his property on Duston Avenue
Nick Pichowicz, owner of property on Duston Ave., explained that he had purchased the property because it was located in the Commercial II (CII) District, with the thought that he might some day be able to use the property commercially. He added that he had not been aware that the property was re-zoned and requested that the Board consider changing it back so it would retain the original value and potential for future use.
R. Gray noted that the Board did not have the authority to rezone property.
M. Dorman offered that Mr. Pichowicz was directed here in hopes that the Board would consider proposing the zoning change as a warrant article.
P. Bealo asked what kinds of uses were on either side of the property.
N. Pichowicz offered that on one side there was a business and on the other there was a residential use.
P. Bealo noted that, should this property be re-zoned, and the property was converted to a commercial use, it would be a similar situation, just one property farther up Duston Ave.
L. Komornick arrived at 7:04 p.m.
N. Morin offered that he would like more background information, including maps, to have a better idea of the impact of such a change.
L. Komornick explained how and why the property was initially rezoned from CII to its current MDR (Medium Density Residential) status, reminded that it was part of the complete review of the CII District to change the district lines to follow the property lines and not an arbitrary 500 feet from the center line of Route 121A. She explained that there was no obligation to notify individual property owners and it was on the Town Meeting ballot.
S. Ranlett offered that the property owner also had the option of applying for a variance.
M. Dorman noted that a variance required demonstrating a hardship in the land and that may be difficult in this instance.
There was discussion regarding the specific location of this property. It was noted that the request would be considered and discussed with the rest of the changes the Board would be reviewing this year. The Board requested that zoning maps (then and now) be provided for that discussion.
L. Komornick suggested that Board members drive by the property to see it in perspective.
Discussion with Owners of Camp Wesley re: Possible new site for their “Doggie Daycare”
Cindy Stein and Jennifer Lee, owners of Camp Wesley Dog Day Care (as a home occupation) at 9 Garden Road, explained that they were looking into the possibility of purchasing 118 Sweet Hill Road to open another Camp Wesley Dog Day Care, but as a full commercial venture, not a home occupation, and where they would be able to offer kenneling.
The Board discussed some of the potential issues with the parcel, such as the wetlands, septic and condition of the dwelling. It was noted that it is a permitted use in the district. It was further noted that the intent was to offer kenneling for between 10 and 14 dogs and there would be a small room on the site for third shift staff to sleep while caring for the dogs. Issues that could arise, such as how to control barking, were discussed. Ms. Stein and Ms. Lee were advised to consult with an engineer and develop a site plan for the Board to review.
L. Komornick offered that the women had spoken with her regarding developing a dog park.
J. Lee explained other dog parks that she had been to and offered that she was looking into the legalities of how it might work in Plaistow. She added that access to the park would be on a membership basis and she hoped that putting it all together would be done by donation. Ms. Lee also added that it was an excellent setting to offer educational programs.
Status of Legal Proceedings of Ron Brown and Associated Letter from our Attorney, Craig Donais
L. Komornick offered that there would be a hearing in the Ron Brown (elderly housing project on Gunstock Road) court challenge on Monday, September 22, 2008, at Rockingham County Courthouse.
S. Ranlett added that it was his understanding that this was to lay out the case and that there would be no live testimony offered.
Letter from RPC re: reappointment of RPC Commissioner Representative
It was the consensus of the Board to recommend to the Board of Selectmen (BOS) that Merilyn Senter and Tim Moore be reappointed as representatives to Rockingham Planning Commission (RPC).
R. Gray noted that the BOS had already made the appointments during their reorganization meeting in March.
There was discussion about how to bring this process into sync with the BOS process.
Receipt of funds from NHDOT for Westville Road Widening Project and Status of Rite Aid Conditional Approval
L. Komornick noted the State of New Hampshire still had $15,000.00, which was given to them as part of the Home Depot project in Plaistow, that it would now be earmarked for the widening of Westville Road where it intersects with Route 125.
P. Bealo asked for a rough number on how much the widening project would cost.
L. Komornick replied that the approximate number was $78,000.00 and this money would help mitigate that expense.
Final Charter of the Highway Safety Committee approved by the Selectmen
It was noted that there was a copy of the final Highway Safety Committee Charter adopted by the BOS. It was noted that the Planning Board’s suggested changes had been incorporated in the final document.
Staff Updates on various projects and issues
L. Komornick noted that she had received official word that the Courts had released the elderly housing projects for Chandler Ave and Route 108, allowing them to proceed. She added that Ron Pica, engineer for the Chandler Ave project, is not able to attend any meetings in October and, considering that after that the Board will be in full swing considering zoning changes and other projects, she would like to schedule a meeting on October 29. The only agenda item for this meeting would be the Chandler Ave project.
There was a brief discussion regarding how much progress had previously been made with the plan review. It was noted that the only outstanding issue had been accessibility. It was also noted that a few of the current board members were not on the board when the plan was reviewed and they would need to be brought up to speed.
The consensus was that the meeting on October 29, for this item only, would be okay.
Misc. Notices, Letters, and other Correspondence from Dept. of Building Safety, Planning and ZBA
It was noted that there was an item on the upcoming Zoning Board of Adjustment (ZBA) agenda regarding Town Fair Tire at 42 Plaistow Road. The application is for a special exception to expand on a non-conforming lot.
Any Other Business;
Electronic Submissions
R. Gray suggested that the Board, as part of their zoning ordinance review, begin looking into what requirements would have to be in place in order for them to mandate electronic applications.
M. Dorman offered that the Board might want to include that in their Site Plan and Subdivision Regulations, which would mean they could consider those changes at any time during the year.
R. Gray noted that it was important to begin the discussions now to determine the need whether or not to include laptops in the upcoming budget.
L. Komornick informed that there were re-negotiations happening with People’s GIS and she would need to find out the criteria needed for electronic filings from them.
P. Bealo added that electronic filings would allow members the ability to review plans at home prior to a meeting. He noted there were no-cost, off-the-shelf software programs available.
R. Gray noted it would be important that those viewing not be able to make changes to the plans.
L. Komornick offered there were two different processes being discussed, the first was online and onscreen viewing at a meeting and the other was the ability to incorporate the approved changes into other official documents, such as the tax maps.
R. Gray said that his priority was ability to view at a meeting. He suggested that costs could be included in the Board’s fee schedule, recouping the costs of upgrading.
Wave Runners/Flags
M. Dorman requested the Board give him clarification regarding wave runners that look like the American Flag and whether or not they were acceptable or a violation.
P. Bealo offered that they only looked like they were not American flags and shouldn’t be allowed. He added that if they were allowed a thousand of them would sprout on Route 125.
M. Dorman reported that all others were pretty much gone, but he was seeking clarification of the red, white and blue wave runners. He noted that he would not tell anyone that they had to remove any American flag or any Military flags.
There was discussion regarding whether or not the American Flag-like wave runners were acceptable. Some members said they wouldn’t regulate any displays of patriotism; others suggesting the wave runners were a device to draw attention to the business, not to display of patriotism. All members seem to be in agreement that traditional American and Military flags should be allowed.
L. Komornick offered that the Town of Tilton took MB Tractor to court regarding an American flag the outcome of which was that the flag could be flown.
P. Bealo reminded that the question was not about American flags, but was about wave runners.
Seeing that the discussion was equally split the Board deferred further discussion until the return of T. Moore.
P. Bealo suggested that businesses be made aware that no final determination has been made and if they purchased any additional wave runners they were doing so at their own risk.
There was no further business before the board and the vice-chairman adjourned the meeting at 7:45 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
________________________
Timothy Moore, Chairman
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