PLANNING BOARD MINUTES
September 02, 2009
Call to Order: 6:33 p.m.
ROLL CALL: Present were: Steven Ranlett, Chairman; Timothy E, Moore, Vice-Chairman; Peter Bealo; Robert Gray, Selectmen Ex-Officio; and Charles Lanza, Alternate. Larry Gil was absent.
Also present was Leigh Komornick, Planner. P. Michael Dorman, Building Inspector/Code Enforcement Officer was excused.
C. Lanza was appointed as a voting member for the meeting.
Minutes of August 19, 2009, Planning Board Meeting
P. Bealo moved, second by T. Moore, to approve the minutes from the August 19, 2009, meeting. There was no discussion on the motion the vote was 5-0-0 U/A.
Minor Site Plan Review Application by “Mountain Dogs” for a Tent Sale at 12 Plaistow Road
L. Komornick explained that Mountain Dogs had relocated from 5 Plaistow Road to 12 Plaistow Road and would like to continue to have periodic tent sales at the new location. She reminded that the Board had typically approved such applications on a trial basis and as long as there were no issues the applicant did not have to return to the Board for permission each time.
The Board discussed the proposed location of the tent. It was noted that the dates for the tent sale were September 3 through 7.
P. Bealo moved, second by T. Moore, to temporarily approve the tent sale for Mountain Dogs at 12 Plaistow Road. Provided there are no problems, the tent sale can continue annually.
T. Moore noted that since the application was for a minor site plan review it should be accepted as completed, then the waivers should be voted on and then there should be a vote whether or not to approve it.
P. Bealo withdrew his motion, T. Moore withdrew his second.
There was discussion as to how best proceed with the approval of the tent sale and whether or not the change would have to be recorded at the Registry of Deeds once approved.
R. Gray expressed concern over binding future boards to this proposed change without it being part of a recorded site plan amendment.
L. Komornick reminded that was the purpose of a minor site plan change; to allow applicants to make insignificant changes to a site plan and not require that it be recorded. If there are major changes proposed to the site plan in the future this minor change would then be included in the recordable amended site plan.
T. Moore moved, second by P. Bealo, to accept the minor site plan change to permit a tent sale for Mountain Dogs at 12 Plaistow Road, as complete. There was no discussion on the motion. The vote was 5-0-0 U/A.
T. Moore moved, second by P. Bealo, to grant all requested waivers (Perimeter Survey, Mylar, Engineering Review and Abutter Notification). There was no discussion on the motion. The vote was 5-0-0 U/A.
T. Moore moved, second by C. Lanza, to approve the minor site plan to allow a tent sale for Mountain Dogs at 12 Plaistow Road with the following condition:
- If there are no complaints regarding the event then it will be allowed to continue into the future without returning to the Planning Board each time
There was no discussion on the motion. The vote was 5-0-0 U/A.
S. Ranlett asked L. Komornick to send notice to the Plaistow Police Department to make them aware of the event.
Presentation of Smart Code Training
L. Komornick reported to the Board about a recent form-based training that she had attended in Exeter called “Smart Code.” The training was put on by RPC (Rockingham Planning Commission) and offered more concise and detailed descriptions of what would and wouldn’t be allowed in particular zoning districts. She explained some of the exercises that they did as part of the workshop. L. Komornick noted that this particular type of coding within a district may not be well suited to the entire Town but there may be specific areas that could benefit. She suggested that more study of the drawbacks and benefits of the program would be needed before its suitability in Plaistow could be determined.
T. Moore added that the concept of Smart Code had been brought up a few times at RPC meetings by the Town Planner in Stratham. He offered that it provided transition zones from one district to another. T. Moore noted that he didn’t see that any changes should be looked at for this year’s zoning season but the Board should take a look at the concept for workability here in Plaistow.
Draft Stormwater Management Ordinance
L. Komornick noted there was a draft of a stormwater management ordinance in the members’ packets. She explained that it was drawn up to bring the Town into compliance with federal EPA (Environmental Protection Agency) MS4 (Municipal Separate Storm Sewer System) reporting requirements. L. Komornick added that there would be a discussion at the next meeting.
CIP (Capital Improvement Plan) and Master Plan Update (Status)
It was reported there would be a CIP committee meeting on September 8 at 6:30 and that the plan was nearly ready to go to the Board of Selectmen and Planning Board for approval.
L. Komornick noted that there would need to be another meeting of the Master Plan Committee. Recommendations for updates to chapters would be sent out to the members for review. She added that the ultimate goal was to have projects that are suggested in the Master Plan be included in the CIP so that both planning tools work together.
Other Business – Day Break Drive Bond Release
This item had been carried over pending comment from Dan Garlington, Plaistow Highway Supervisor. An e-mail from D. Garlington, noting no issues with the condition of Day Break Drive, was read for the record.
R. Gray moved, second by P. Bealo to release the balance of the monies being held relating to the construct of Day Break Drive. There was no discussion on the motion. The vote was 5-0-0 U/A.
Other Business – Letter from Joan and Nick Pichowicz 24 Chandler Avenue
This item had been carried over from a previous meeting to allow the members a chance to review the letter submitted by Nick and Joan Pichowicz, 24 Chandler Avenue. Their letter noted a number of issues with their property that they considered to be caused by an abutting commercial property and asked the Town for certain relief. It was noted that the Building Inspector had been to the commercial site many times over the past months and years and there was nothing of a hazardous nature leaving that site.
P. Bealo offered that he didn’t see how this was the Town’s problem when the letter from the Pichowiczs seemed to indicate that much of their problems were coming from a dam on their own property. He added they should just get rid of the dam.
R. Gray added that N. Pichowicz had been in to speak with Sean Fitzgerald, Town Manager, and was told that there was nothing that the Town could do for them.
The Board discussed the type of response they would make to the letter from Nick and Joan Pichowicz. It was noted that this was a civil matter and the response to the letter would be short and to that point.
T. Moore gave a brief history of the history of the problems with the Pichowicz site. He noted that the retention pond at the abutting commercial site had been reconstructed and M. Dorman had been closely monitoring the site. T. Moore noted that snow storage on the site had always been an issue and the Board may want to consider addressing how that is handled.
It was noted that the Building Inspector and Health Officer had been to the Pichowicz property to collect water to send to the State labs for testing.
R. Gray, notied that one of the requests in the letter was to lower the Pichowicz’s tax burden. He noted that neither the Planning Board nor Board of Selectmen had the power to do that and suggested that they be directed to meet with the Assessor.
It was decided that L. Komornick would work with M. Dorman to get information and draft a letter that would go out to the members for review before being sent out to the Pichowiczs.
Other Business – Upcoming Meetings/Hearings
It was noted that there will be a GACIT (Governor’s Advisory Commission on Intermodal Transportation) meeting at the Plaistow Town Hall on October 1. The 2011-2020 Ten Year Transportation Plan projects for the Plaistow area will be the topic of the discussion.
T. Moore noted that the GACIT holds public meetings and hearings throughout the State for local comment on the Ten Year Transportation Plan.
Other Business – Ron Brown Court Matter
It was noted that the ZBA’s decision in the Ron Brown (Elderly Housing unit cap) matter was affirmed in Rockingham County Superior Court. An appeal of that decision is expected.
There was a discussion of the next steps in the process.
L. Komornick reminded that the Board had discussed scheduling a revocation hearing for the site plan approval for the fifteen (15) lot subdivision in October, since the project is not yet vested. She offered that Mr. Brown believes that the court proceedings stayed the Town’s ability to revoke the plan.
S. Ranlett noted that the road would be in the same location and be the same design whether the fifteen (15) lot subdivision or the elderly housing development was what was ultimately built.
R. Gray suggested that the Board seek advice of council before scheduling a revocation hearing of the fifteen (15) lot subdivision to make sure any revocation hearing would not open the Board to being sued.
L. Komornick offered that she had spoken to the Board’s Counsel in this matter and they were on solid ground if they decided to revoke the site plan for the fifteen (15) lot subdivision.
T. Moore noted that, although there may be no legal consequences to revoking the plan, he didn’t see that there was much of a gain to doing so before the proceedings in the court were complete.
S. Ranlett offered that he didn’t see a problem with waiting for the court proceedings to work their way through the process. He added it would save the Board in attorney fees defending a decision to revoke the site plan for the fifteen (15) lot subdivision.
P. Bealo asked if there would be any unintended consequences, such as creating a new “drag raceway” by pushing for the road to be paved at this time.
C. Lanza reminded that the window for paving in this year was quickly closing.
Other Business – Wal-Mart Holiday Hours
S. Ranlett read a letter from Wal-Mart, 58 Plaistow Road, noting they would like to be open 24-hours a day from November 21 to December 24 for the holiday shopping season.
The consensus of the Board was that this was not a problem. R. Gray abstained from the consensus.
Other Business – Letter of Resignation
S. Ranlett read a letter from Neal Morin tendering his resignation from the Board as an alternate.
Other Business – Request to Become Alternate
S. Ranlett noted an application from Barry Weymouth to become an alternate to the Planning Board.
There was a discussion of Mr. Weymouth’s record of attendance as a previous Board member. It was requested the he be asked to come in and have a discussion with the Board as to why he wanted to serve again.
Other Business – Misc. Notices, Letters and other Correspondence from Department of Building Safety (DBA), Planning, Zoning Board of Adjustment (ZBA) and City of Haverhill
There was a public hearing notice from the City of Haverhill regarding their upcoming Planning Board agenda in the member’s packets.
There were no additional matters before the Board and the meeting was adjourned at 7:26 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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