PLANNING BOARD MINUTES
May 7, 2008
Call to Order: 6:30 p.m.
ROLL CALL: Present were: Timothy E. Moore, Chairman; Steven Ranlett, Vice-Chairman (left meeting at 9:42 p.m.); Peter Bealo; Robert Gray, Selectmen Ex- Officio. Barry Weymouth; Neal Morin, Alternate; and Merilyn Senter, Alternate, were excused.
Also present were Leigh G. Komornick, Planner, and P. Michael Dorman, Building Inspector/Code Enforcement Officer.
T. Moore noted that there would be a meeting next Wednesday (May 14, 2008) of the Rockingham Planning Commission (RPC) at the Plaistow Public Library.
Minutes of April 16, 2008, Planning Board Meeting
R. Gray moved, second by P. Bealo, to accept the minutes from the April 16, 2008, meeting as written. There was no discussion on the motion. The vote was 4-0-0 U/A.
Discussion with Irene Ray re: 157 Plaistow Road – Status of Site Plan and Existing Activities
Irene and David Ray, 157 Plaistow Road, were present for the discussion.
I. Ray explained that they came before the Board in 1995 to amend the site plan to show a replacement garage. The garage was to replace one that had been burned in a fire. She offered they didn’t pay as close attention as they should have and didn’t notice that one of their uses of the site, motor vehicle sales, was inadvertently omitted from the plan. I. Ray noted that they had a motor vehicle dealer’s license and had been selling motor vehicles on the site for many years.
M. Dorman offered that this discussion was as a result of his discussion with a real estate agent whom he had told that, since motor vehicle sales were not included on the site plan, Mr. Ray would be the only one grandfathered to have motor vehicle sales on the site. M. Dorman verified there had been motor vehicle sales of approximately 10-12 cars on the property at least since the 1980’s. He added that he had suggested to them that they come before the Board to modify the site plan.
L. Komornick noted that the modification would be to clarify and rectify the issue on the plan.
S. Ranlett agreed that they had been selling cars on the site for thirty (30) years.
L. Komornick offered that the Rays were coming to the Board for the discussion to make sure there were no issues before spending money on revising the site plan.
R. Gray asked if the there were already motor vehicle sales on the property when the 1995 site plan revision was being reviewed by the Board. He added that it should be easy to address and change the plan.
P. Bealo inquired if a two-bay garage was approved with the plan.
I. Ray confirmed that it was.
L. Komornick noted that there had also been an approval for a car wash.
I. Ray offered that they had never put the car wash on the site.
There was a discussion regarding the number of spaces that were being used for motor vehicle sales and what parking, including customer, display, and employee parking on the revised site plan.
R. Gray asked if the parking areas were paved.
I. Ray noted that some of them were existing gravel.
There was discussion as to what areas would need to be paved for parking.
T. Moore noted that areas for the garage would need to be paved. He added that the minutes, from the meeting where the plan was approved, needed to be reviewed to make sure there were no conflicts.
T. Moore asked if it was consensus of the Board that revising the plan to show the current motor vehicle sales used would be appropriate. All members of the Board agreed.
Minor Site Plan Review for Antique Car Show(s) at 160 Plaistow Road
Peg Marcelonis, owner of Stillwell’s Ice Cream, 160 Plaistow Road, was present for the discussion.
T. Moore offered the suggestion that this could be handled like other similar applications recently reviewed by the Board where it would be tried out for one year to see how well it works before making it a permanent change to the site plan.
P. Marcelonis noted that this wasn’t intended to be a huge festival but for a small group of enthusiast to gather. She added that they had done it last year, not realizing that permission of the Board was required, and there were no incidents.
P. Bealo offered that he did see the event the previous year and didn’t see any problems at that time.
L. Komornick informed that this time Early Bird Café was thinking about being open evenings of the shows.
S. Ranlett moved, second by P. Bealo, to approve antique car shows at 160 Plaistow Road, for this year only.
R. Gray agreed that this should be for this year only, for every Wednesday until mid-September. He questioned how many times the Board had approved a minor site plan revision for that many days.
T. Moore noted that they had been approving these ideas with a time frame until they are comfortable that there are no issues, such as need for police details or other traffic concerns. He added that after that they approve it as a minor site plan update and the applicant no longer needs to come back for Board review.
S. Ranlett amended his motion, second by P. Bealo, to allow the antique car shows at 160 Plaistow Road for one (1) year.
R. Gray offered that it was strange to him to allow so many occurrences of an event without it being on the site plan.
S. Ranlett reminded that was the intent of a minor site plan review.
L. Komornick explained that she does route the applications to the appropriate departments to allow them the chance to make any suggestions or comments. She added that the applicant is made aware that they could be required to get a police detail if it was determined to be necessary.
P. Marcelonis offered that she would be the onsite contact should there be any questions or concerns.
There was no further discussion on the motion. The vote was 4-0-0 U/A.
Continuation of a Public Hearing on a Voluntary Lot Merger (Consolidation)/Lot Line Adjustment for four (4) existing lots of record including Tax Map 26, Lots 49, 50 and 51, and 52, resulting in two (2) parcels with proposed lot areas of 2.11 acres and 3.13 acres. The owner of record of all properties is Soraghan Realty Trust.
Continuation of a Final Site Plan Review Application Public Hearing for property located in the CI Zone at the intersection of Plaistow Road and Westville Road, Tax Map 26, Lots 49 (portion of), 50 & 51, involving the redevelopment of the property including a new 14,673 square foot Rite Aid Pharmacy retail store. The owner of record is Soraghan Realty Trust and the entirety of this project will be located on a lot of record created through a voluntary lot merger (consolidation)/lot line adjustment as noticed above totaling 2.11 acres.
Continuation of a Final Site Plan Review Application Hearing for property located in the CI Zone at the intersection of Plaistow Road and Garden Road, Tax Map 26, Lots 49 (portion of) and 52, involving the redevelopment of the property including a new 14,329 square foot retail building. The owner of record is Soraghan Realty Trust and the entirety of this project will be located on a lot of record created through a voluntary lot merger (consolidation)/lot line adjustment as noticed above totaling 3.13 acres
Present for the application were: David Sanderson, Newland Development Corp.; Michael Todd, Excel Construction Management, LLC; and Jack Soraghan, property owner.
M. Todd explained that there had been a good work session with NHDOT (New Hampshire Department of Transportation). He added that he had submitted all the Hydrogeological Study information found at NHDES (New Hampshire Department of Environmental Services). M. Todd explained the process for gathering the information in the Hydrogeological report and noted that water on this site was under extreme scrutiny.
M. Todd gave a synopsis of the before and after construction picture on this site with reference to water and septic usage. He noted that the state-of-the-art septic system would be an improvement over an already well-functioning septic system. M. Todd gave some information on the migration of the ground water and what that meant in terms of water quality to the site. He offered that all the information presented in the Hydrogeological Study should address that issue for the Board and they were hoping for approval of the waivers and conditional approval of the site plans for this project.
T. Moore noted that the Board needed to dispense with the lot line adjustment before considered approval of the two site plans.
S. Ranlett moved, second by P. Bealo, to accept the plan for a lot line adjustment for four (4) existing lots of recording including Tax Map 25, Lots 49, 50, 51 and 52 resulting in two (2) parcels with proposed lot areas of 2.11 acres and 3.13 acres, as complete. There was no discussion on the motion. The vote was 4-0-0 U/A.
S. Ranlett moved, second by P. Bealo, to approve the plan for a lot line adjustment for four (4) existing lots of recording including Tax Map 25, Lots 49, 50, 51 and 52 resulting in two (2) parcels with proposed lot areas of 2.11 acres and 3.13 acres. There was no discussion on the motion. The vote was 4-0-0 U/A.
S. Ranlett moved, second by P. Bealo, to accept the site plan to redevelop a newly created lot from a portion of Tax Map 26, Lot 49 and Tax Map 26, Lots 50 and 51 for a new 14,673 square foot retail store (Rite Aid), as complete.
P. Bealo asked if the outdoor lighting plan had updated.
M. Todd offered that he had requested the chance to meet with P. Bealo to review that plan.
L. Komornick noted that she had received a copy of the letter from the condo association (Southview Condos) regarding the easement.
M. Todd added that they were aware they needed to submit an executed copy of the easements. He noted other outstanding permits and agreements, that were in process and letters to that effect had been giving to L. Komornick. M. Todd acknowledged that all permits would need to be submitted before final approval of the site plan.
R. Gray reminded that acceptance of the plan put the applicant on the clock to submit everything within a tight time frame.
There was discussion regarding what time frames could effect final approval of the site plan and what the consequences of not meeting those deadlines would mean for the applicant, including potential re-application.
L. Komornick noted that there were some procedural issues with NHDOT, particularly since there had been a change in personnel there. She offered that these changes had delayed approval of these plans. L. Komornick suggested that it could be important for the Town to sit with NHDOT and come to an understanding of each other’s perspectives.
R. Gray offered that if the applicant was confident that they could meet the deadlines acceptance of the plan would put into place then he would be okay with accepting the plan.
There was no further discussion of the motion. The vote was 4-0-0 U/A.
Waivers
§230-23A – 10 Foot Landscaping Buffer
S. Ranlett moved, second by P. Bealo, to grant the request for a waiver from §230-23A. It was noted that this was the shared property line between the two (2) sites and was through the middle of the parking lot.
There was no discussion on the motion. The vote was 4-0-0 U/A.
§230-22A(2) – Height of light poles
S. Ranlett moved, second by P. Bealo, to grant the request for a waiver from §230-22A(2).
P. Bealo offered he would like to see this tied into the final outdoor lighting plan.
M. Todd noted that they needed approval of this waiver in order to include it in the lighting plan.
L. Komornick added this would also address the CLD comment on the same issue.
P. Bealo also added that the issue of shielding the lights in such a way as there be no light trespass to abutting lots needed to be included in the final lighting plan.
There was no discussion on the motion. The vote was 4-0-0 U/A.
S. Ranlett moved, second by P. Bealo, to accept the site plan to redevelop a newly created lot from a portion of Tax Map 26, Lot 49 and Tax Map 26, Lot 52 for a new 14,329 square foot retail building, as complete. There was no discussion on the motion. The vote was 4-0-0.
§230-23A – 10 Foot Landscaping Buffer
S. Ranlett moved, second by P. Bealo, to grant the request for a waiver from §230-23A. It was noted that this was the same lot line as was referenced in the waiver for the other site plan. There was no discussion on the motion. The vote was 4-0-0 U/A.
§230-23A – 10 Foot Landscaping Buffer
S. Ranlett moved, second by P. Bealo, to grant the request for a waiver from §230-23A. It was noted that this was on the southern boundary of the property along a retaining wall. There was no discussion on the motion. The vote was 4-0-0 U/A.
§230-22A(2) – Height of light poles
S. Ranlett moved, second by P. Bealo, to grant the request for a waiver from §230-22A(2). It was noted that this was the same request as the waiver in the other site plan. There was no discussion on the motion. The vote was 4-0-0 U/A.
There was a discussion regarding what items should be listed that would allow the Board to conditionally approve these site plans. The current status of the process to meet some of the conditions was noted.
S. Ranlett moved, second by R. Gray, to approve both the noted site plans as advertised with the following conditions:
- Copy of the newly executed easement plan as agreed to by the condominium association
- NHDOT Driveway Permit and all associated issues resolved
- NHDES Septic Approval and copy of plan sent to CLD
- NHDES Well Permit Approval
- NHDES Alteration of Terrain Permit Approval
- EPA Notice of Intent re: Stormwater
- Review of Hydrogeological Study by the Plaistow Conservation Commission
- Letter with the certified engineering calculations to support the drainage discharge as specified in Attorney Donais’s written ruling (to cover the issue of not acquiring a written easement from the abutter)
- Payment of all Escrow Fees
- Submittal and Recording of the Town’s Required Lot Merger Form
- Impact Fees to be specified in writing (It was noted that these cannot be accessed until the time of the Certificate of Occupancy, but they would be spelled out clearly in the Notice of Decision)
- Favorable Review of Lighting Plan
(Originally the bond estimate and approval of bond amount by CLD and pre-construction meeting were included on the list of conditions. It was noted that these are events that have to have an approved plan in order to take place and they were removed from the list of conditions.)
R. Gray noted that he had additional discussions with the Board of Selectmen (BOS) regarding the potential widening of the intersection of Westville Road with Route125. He explained that there would be discussions with the Highway Department as to whether or not to do work in conjunction with this project but that it would be handled as a separate issue.
P. Bealo asked if the BOS had taken a position on the Planning Board’s authority.
R. Gray replied that it had been researched and that it was determined that if the road itself is to be altered (either narrowed or widened) that would have to be approved by the BOS; if only re-striping of a roadway is involved, then the Planning Board can approve such a change.
There was no further discussion regarding the motion. The vote was 4-0-0 U/A.
There was a brief discussion of the potential construction sequence for both sites so that Casey’s Diner will continue to operate.
Other Business – Reappointment of RPC Commissioners
T. Moore noted that M. Senter’s term as an RPC Commissioner had expired.
S. Ranlett moved, second by P. Bealo, that M. Senter be re-appointed as RPC Commission representing Plaistow. There was no discussion on the motion. The vote was 3-0-0 U/A (It should be noted that R. Gray had momentarily left the meeting for this discussion and vote)
Other Business – Bond Release Request for Ethan Allen
T. Moore read a letter from the property owner requesting the release of the bond funds being held.
L. Komornick noted that all the site work for the project, which is what the bond money was being held for, had been done. She added that the addition to the Ethan Allen building had not yet been done.
S. Ranlett moved, second by P. Bealo, that the bond amount of $6,464.00 being held for Ethan Allen be released as requested. There was no discussion on the motion. The vote was 4-0-0 U/A.
R. Gray was informed of the vote regarding re-appointing M. Senter as RPC Commissioner. He noted that the BOS had already made that appointment.
Other Business – B&J Auto Body Bond/Escrow Release
T. Moore read a letter of request from B&J Auto Body to release the bond and escrow funds being held for 40 Main Street.
S. Ranlett moved, second by P. Bealo, that the bond amount and escrow monies being held for B&J Auto be released.
M. Dorman noted that there were still a couple signs that needed to be installed but he was comfortable that they would be.
There was no further discussion on the motion. The vote was 4-0-0 U/A.
Workshop on MasterPlan
S. Ranlett and M. Dorman left the meeting at 7:36 p.m.
Population and Housing Chapter
The Board discussed the process for updating the Population and Housing Chapter of the MasterPlan. It was noted that an intern had been hired to help in the review and updating process. There was discussion of the dated nature of some of the information and if/when updates would be available.
The Board talked about the way the housing data was compiled and whether or not current trends in the housing market and the economy would change the assumptions made in the interpretation of the information. The Board discussed whether or not proposed elderly housing project, now in a limbo status, as well as how this chapter would affect review of other things such as the impact fees and the Build-out Analysis.
There was additional discussion of aging of the population in New Hampshire verses other states.
The Board will continue to review the chapter update and discuss at a future meeting.
Other Business – School Sidewalk Project
L. Komornick updated the Board of the proposal to bring sidewalks from the Timberlane Regional Schools, down Greenough Road and then down Danville Road to the proposed redeveloped intersection with Route 125. She noted that a Task Force had been formed and that she was in the process of making a grant application to provide some of the matching funds that the Town would need for the project. L. Komornick noted that bringing the sidewalk the entire distance would be done as two separate projects and that Cumberland Farms was also being approached for financial contributions to the project.
R. Gray asked if the Town Manager had approved town employees working on the project. He also requested written information on the project and the grant application so that he could report to the BOS.
L. Komornick confirmed that Jason Hoch was being frequently informed on the progress of the project. She added that employee time spent on the project was being tracked in a separate log for reimbursement purposes.
There was discussion regarding future potential projects including an extension of the sidewalk north on Danville Road as well as creation of a walking access to East Road.
Other Business - Technology
The Board discussed what kind of technological advances they would like to see in future applications to the Board, including electronic applications that could be directly broadcast on the cable channel; viewed on laptops by the members; and on an overhead projector for abutters and others in the gallery at meetings.
The Board also discussed the possibility of recording all broadcasts for potential re-broadcasting for those unable to watch the meeting live.
There was no other business before the Board and the chairman adjourned the meeting at 8:06 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
________________________
Timothy Moore, Chairman
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
________________________
Timothy Moore, Chairman
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