PLANNING BOARD MINUTES
July 15, 2009
Call to Order: 6:30 p.m.
ROLL CALL: Present were: Steven Ranlett, Chairman; Timothy E, Moore, Vice-Chairman; Peter Bealo; Larry Gil; Robert Gray, Selectmen Ex-Officio; Neal Morin, Alternate; and Charles Lanza, Alternate.
Also present were Leigh Komornick, Planner and P. Michael Dorman, Building Inspector/Code Enforcement Officer.
Minutes of June 24, 2009, Planning Board Meeting
P. Bealo moved, second by T. Moore, to approve the minutes from the June 24, 2009, meeting. There was no discussion on the motion the vote was 3-0-2 (Gil and Gray abstaining).
A Public Hearing on a Final Site Plan amendment for the proposed addition of 1,440 square feet to the existing “Colonial Auto Body” shop located at 231 Main Street, Tax Map 31, Lot 22. The property is located in the MDR Zone and is .92 acres with 168 feet of frontage. The owner of record is “Bodies by Borges Colonial, Inc.”
Charlie Zilch, SEC and Associates, Inc. and Steve and Donna Borges, property owners, were present for the application.
C. Zilch noted the following about the existing site:
- Site of the current Colonial Auto Body Shop building constructed in 1996 and operating as an auto body repair business
- Existing building in 6400 sq ft; 1300 sq ft is office, 300 sq. ft. is mechanical and bathroom space and 4800 sq ft of auto body repair shop
- Serviced by own well and septic
- Parking is to the right of the building on the street side and in a rear parking lot
- Damaged vehicles are brought to the site by flatbed or wrecker and is brought into the shop through an easterly entrance, the vehicle is dropped off and the wrecker or flatbed continues to circulate through the building, exiting through a westerly door
- There are two (2) detention basins for drainage
R. Gray noted that the hours of operation were listed as Monday through Friday from 8:00 a.m. to 5:00 p.m. and by appointment. He asked what hours those appointments were scheduled.
It was noted that the appointment hours were usually on a Saturday or a rare Sunday during the same hours.
R. Gray asked that it specifically be stated on the plan that Saturday “by appointment” hours of operation are also between the hours of 8:00 a.m. to 5:00 p.m. so that there would be no late night appointments.
C. Zilch outlined the proposed amendments to the site plan, noting the following:
- The proposed addition is 60’ X 24’ (1440 sq ft) to provide additional storage and work area within the building
- There will be no increase in the number of employees
- The additional will have the same roofline and slab elevation as the existing building, just extending twenty-four (24) feet farther back
- Some parking spaces will need to be relocated so as not to interfere with the truck turning radii
- There is a slight increase, 970 sq ft, in impermeable surfaces, where the addition will extend past existing paved area
- Jim Hanley, Civil Design Consultants, has reviewed the drainage and has determined that the existing drainage basins will be sufficient for the slight increase and is report is part of the application package
- There will be no increase in employees or traffic so no additional State permits are required
- Relief was required from the ZBA (Zoning Board of Adjustment) in the form of a special exception to expand the non-conforming lot (the property, once zoned CI, was rezoned to MDR, making the use non-conforming) and a variance for a setback intrusion, both of which were granted
N. Morin reminded that at an early public hearing there was an abutter looking for a fence to be added to the plan. He asked where that fence was located on the plan.
C. Zilch replied that Mr. Borges had spoken with that neighbor and they decided on where the stockade fence should be located. He added that there was also a substantial stand of trees between the lots.
S. Borges added that the stockade fence would start at the back of 2 Kelley Road and continue to connect to an existing fence.
T. Moore asked if they would be using the same septic and well currently being used.
C. Zilch answered that they would be and that he had provided those calculations to the Planning Office.
R. Gray questioned if there would be lighting on the back of the building.
C. Zilch responded that there was currently a flood light on the back of the building and it would be moved out with the expansion of the building.
R. Gray asked if there would be any changes to the landscaping.
M. Dorman said that it currently was in good shape and he wasn’t aware of any plans to change it. He added that it was up to this Board to decide if any changes were warranted.
S. Ranlett offered that he thought it looked good at the present time.
R. Gray asked if the landscaping met all the current requirements.
C. Zilch replied that it was all existing and was in good condition.
S. Ranlett asked if there were any abutters with questions or concerns.
Tim Lewis, 4 Kelley Road, inquired if the stockade fence was a sure thing and where the catch basins were located.
S. Borges stated that there would be stockade fence from the back of 2 Kelley Road and extending to meet the current fence.
T. Lewis questioned if the drainage and septic plans had been checked by an engineer to make sure that they would not foul his septic or water.
C. Zilch confirmed that they had been.
T. Moore moved, second by L. Gil, to accept the amended site plan for 231 Main Street as complete.
M. Dorman asked who the existing chain link fence belonged to.
S. Borges answered that it belonged to Mr. Lewis.
M. Dorman questioned if it was going to be replaced with stockade.
S. Borges replied that he would put the new stockade fence along the property line, which would put it inside the chain link fence, and Mr. Lewis could decide whether or not to retain the chain link fence at that time.
There was no additional discussion on the motion. The vote was 5-0-0 U/A.
WAIVERS
T. Moore moved, second by P. Bealo, to approve the request for a waiver from §230-14FF (loading and unloading area).
It was noted that all loading and unloading was done within the building.
There was no additional discussion on the motion. The vote was 5-0-0 U/A.
P. Bealo moved, second by T. Moore, to approve the request for a waiver from §230-14II (separate lighting plan).
It was noted that all lighting is existing and shown on other pages of the plan set.
There was no additional discussion on the motion. The vote was 5-0-0 U/A.
T. Moore moved, second by L. Gil, to approve the request for a waiver from §230-14HH (separate landscaping plan).
It was noted that the landscaping was pre-existing and was indicated on other pages of the plan set.
There was no further discussion on the motion. The vote was 4-1-0 (Gray dissenting). The motion passed.
T. Moore questioned whether or not there should be a waiver request for the location of offsite wells and septics.
C. Zilch explained that they were noted on the plan they just weren’t close enough to be within the “plan view area.”
T. Moore offered that was sufficient for him.
P. Bealo moved, second by T. Moore, to approve the amended site plan for 231 Main Street with the following condition:
- The hours of operation, particularly those times for “by appointment” be clearly defined as being Monday through Saturday, 8:00 a.m. to 5:00 p.m.
There was no discussion on the motion. The vote was 4-1-0 (Gray dissenting), and the motion carried.
Letter from Dave Sanderson regarding request a “Request if Waiver” from the Waterline Impact Fee
S. Ranlett read a letter from Dave Sanderson, Newland Development Corp. (Rite-Aid project, 31 Garden Road) requesting, since they are installing a number of other fire suppression and protection measure, that the Waterline Impact Fee be waived.
L. Komornick noted that she had received a verbal approval of the waiver from the Fire Chief, who would be sending written approval.
T. Moore moved, second by P. Bealo, to grant the request to waive the Waterline Impact Fees for the Rite-Aid project at 31 Garden Road. There was no discussion on the motion. The vote was 4-0-1 (Gray abstaining).
Requested Discussion with Jay Davey regarding a proposed car dealership at 71 Plaistow Road
It was noted that Jay Davey was not yet at the meeting but he was looking to come in to discuss with the Board the possibility of selling used cars from his property at 71 Plaistow Road.
S. Ranlett said that he would have to say no to any used car sales within 1,000 feet of another motor vehicle dealership, noting there was one located directly across the street.
P. Bealo suggested that there should be no discussion without some kind of a plan for the Board to look at.
S. Ranlett reminded that the current site is not vested for the approved site plan.
T. Moore reminded that people had come before the Board in the past to discuss general topics.
P. Bealo noted that they couldn’t send an applicant to the ZBA without first seeing a plan.
L. Komornick agreed that the Board would need to see a plan before sending Mr. Davey to the ZBA.
The discussion was tabled until Mr. Davey arrived.
Written request for a building yard sale at the Tech Building 73 Newton Road
S. Ranlett read letters from Ann Marie Simpson (AAK Corporation) and Elaine DiPrimo (property owner) requesting permission to have a one day yard sale.
It was noted that the building would be closed for business and the yard sale would take only a portion of the parking area.
The consensus of the Board was that there was no problem allowing a one (1) day yard sale at 73 Newton Road.
Other Business – Pichowicz Letter
S. Ranlett noted there was a letter from Joan and Nick Pichowicz, 24 Chandler Avenue, in the member’s folders. He suggested that any comments on the letter be forwarded to L. Komornick.
P. Bealo, noting that the request was for the Pichowicz’s pond to be drained and cleaned, asked if there was any legal reason why the Town should be doing so.
L. Gil asked if their complaints were legitimate and whether or not they had ever been addressed.
M. Dorman replied that their complaints have been addressed. He noted that at one time there was a failed septic at the Shaw’s Plaza that may have initially impacted the Pichowicz property. M. Dorman added that the situation was immediately rectified. He explained that the detention area has also been reconstructed and is working properly, reminding that there had not been a tenant in the former Shaw’s unit for quite some time.
R. Gray said it was important to assess what the Town’s liability in the matter would be.
M. Dorman said at the time of the septic failure they were pumping daily and he was observing and monitoring nearly constantly. He added that was some time ago and that each and every time the Pichowiczs would make another complaint, and even in between, he would inspect the site and could find nothing amiss. M. Dorman offered that he had even recently brought Sean Fitzgerald, Town Manager, to the site so that he could see the situation first hand. He noted there was some debris on the slope that could be cleaned up but nothing of a hazardous nature.
S. Ranlett asked if there were any violations at this time.
M. Dorman said that there were none; nothing is leaving the site.
Requested Discussion with Jay Davey regarding a proposed car dealership at 71 Plaistow Road - CONTINUED
Jay Davey arrived for the discussion. He explained that he was experiencing financial difficulty and was looking at other options for his property located at 71 Plaistow Road, one of which was the possibility of a motor vehicle dealership. Mr. Davey explained that it wasn’t his first choice of professions and would only be a short term remedy until the economy turned around.
J. Davey noted that following about his site and his situation:
- The existing building is 2,000 sq ft and was intended as office space
- There was a foundation installed for a 4,000 sq ft addition, also intended to be used for office
- He would like to temporarily put up a steel building, which would be the least expensive to be erected and could be dismantled and even possibly relocated when he no longer needed it
- He has other rental property where he is also experiencing economic issues
- He acknowledge that the Town did not want Route 125 to become an eyesore of used car dealers but noted there were a number of vacant dealerships on the strip where he could fill that gap
- He asked if the Town could see their way to allow him to make minimal short term changes to the site plan just to get him through these hard times. He offered that he had spoken to an attorney, who advised him that the Town may be able to grant a special exception to allow a temporary motor vehicle dealership on the property
- He would like to deal in cars that would retail for between $3,000 and $10,000
- He is fifteen (15) years into the property and is trying to find a way to hold on to it and get through
S. Ranlett reminded that the restriction on motor vehicle dealerships not being within 1,000 feet of each other is a Zoning Ordinance and can only be remedied by getting a variance from the ZBA.
M. Dorman added that the first step would be to modify the site plan to include a car dealership and then bring it back to the Planning Board to be denied and then sent to the ZBA and then, if the variance is granted, back to the Planning Board for plan review.
P. Bealo noted that it would not be a special exception, but a variance, that would be needed. He reminded that variances go with the property and are forever.
L. Gil offered that because it was a commercial site plan it had to go through all the steps in the process.
J. Davey noted that he was just going from what he had been advised by others to do by coming in for the discussion with the Board.
There was a brief discussion of the process to inform Mr. Davey of what steps he would have to take to try and modify the plan.
L. Komornick suggested that Mr. Davey should also be addressing the current situation on his site; that being the fact that he is not yet vested in his current site plan.
R. Gray reminded that if a site is not vested the Planning Board can revoke the plan and ask that the site be restored.
J. Davey asked what he would have to do to be vested.
It was suggested that Mr. Davey come into the Planning Office to discuss with L. Komornick and M. Dorman what was needed to be done to vest and protect his property.
Other Business – Reappointment of Commissioner to Rockingham Planning Commission (RPC)
It was noted that T. Moore’s appointment to the RPC expired in May 2009, and the Planning Board needed to nominate him for reappointment by the Board of Selectmen. It was noted that this was not the same as the Board of Selectmen’s recent appointment of T. Moore to RPC’s TAC (Technical Advisory Committee).
P. Bealo moved, second by L. Gil, to nominate T. Moore to RPC. There was no discussion on the motion. The vote was 4-0-1 (Moore abstaining).
Other Business – CIP Update
S. Ranlett noted that the next meeting for the CIP Committee is July 16, 2009, in the Town Manager’s office.
Other Business – Misc. Notices
L. Gil noted a copy of a letter to Allen & Majors regarding the completion of the clean up of the detention area. He asked if it had anything to do with the Pichowicz complaint.
M. Dorman replied that it was just a sign off letter certifying that the work had been completed satisfactorily.
Other Business – Update on Brown Court Matter
L. Komornick noted that both the Planning Board and ZBA matters with reference to the Ron Brown lawsuit had been consolidated by the Court and would now be handled by one lead attorney.
T. Moore offered that it made sense to do it that way and that hopefully when the outcome of the matter was resolved, the Court will clearly state the number of units that Mr. Brown can make application for so the review process can move forward.
Other Business – Clock Tower Repairs
It was noted that a letter was received from New Hampshire Division of Historical Resources denying the Town’s application for a grant to make repairs to the Town Hall Clock Tower.
Other Business – Misc.
There was a brief discussion about plans that have reached their limit for either being vested or for four-year protection from zoning changes. L. Komornick is to work on a list of such plans.
P. Bealo noted that the Governor has signed into law HB585, a lighting efficiency standard for the State and municipalities. He added that recommended lighting was similar to that mandated in the Plaistow regulations.
M. Dorman and T. Moore will be getting together the next Friday to work with the GPS equipment in hopes of mapping outfalls for MS-4 reporting.
It was noted that the next board meeting would be August 19, 2009.
There were no additional matters before the Board and the meeting was adjourned at 7:40 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
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Steven Ranlett, Chairman
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