PLANNING BOARD MINUTES
April 01, 2009
Call to Order: 6:30 p.m.
ROLL CALL: Present for the Planning Board 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 was Leigh Komornick, Planner.
Minutes of March 18, 2009, Planning Board Meeting
P. Bealo moved, second by R. Gray, to approve the minutes from the March 18. There was no discussion on the motion the vote was 5-0-0.
A Public Hearing on a conceptual site plan for an automotive garage/repair facility to be constructed on an established residential lot. The property is located at 3 Duston Avenue, Tax Map 41, Lot 53. The total lot is 1.98 acres and has 295 +/- feet of frontage. The site and building are located in the CII/Village Districts. The owners of record are Nicholas Pichowicz and Angela Lanciani.
Terry Trudel, SEC Associates, and Nicholas Pichowicz were present for the application.
T. Trudel noted that they were showing a conceptual plan for an automotive repair garage at 3 Duston Avenue. He explained that the property was recently rezone (by vote at Town Meeting) to be completely in the Commercial II (CII) and Village Center (VC) overlay districts. Automotive repair facilities are allowed in the Commercial I (CI) district but not in the CII district and therefore a variance would be needed for the site and that was the primary reason for presenting the conceptual layout at this meeting.
T. Trudel pointed out the following features of the plan:
- Location of garage
- Parking
- Wetlands
- Location on residential dwelling
T. Trudel offered they were seeking denial of this plan (for the non-permitted use) so that they could go to the Zoning Board of Adjustment (ZBA) to seek their variance. He offered that they were also looking for abutter's initial comments on the plan, noting that abutter's would have additional chances to have their voices heard at a ZBA hearing as well as through the site plan review process should the variance be granted.
(It was noted that all plans needed to be submitted in PDF format as well as paper)
S. Ranlett asked if the existing leach field was adequate for the business as well as the residence.
T. Trudel noted that the septic system was designed for the residential dwelling only and that they had not gone that far into the site plan development process since they didn't know if the variance for the use was going to be granted or not.
S. Ranlett asked how many employees.
N. Pichowicz answered there would be two (2).
R. Gray inquired what the hours of operation would be.
N. Pichowicz responded he would be open 8:00 a.m. to 5:00 p.m., Monday through Friday and 8:00 a.m. to 12:00 p.m. on Saturday; noting that at this time he didn't see the need to open on Saturdays but may in the future.
L. Gil asked if there had been problems with flooding on the property.
N. Pichowicz noted that he had not had any on this property.
L. Gil offered that there were issues with water on other locations on the street.
Jacquie Allison, 149 Main Street, offered that she had problems with water running down Duston Avenue. She added that this property was once part of her lot. Ms. Allison explained that when the (now Pichowicz) house was built it was determined that the current location of the house was the one and only place for the structure, due to the numerous wetland areas on the parcel and there were issues of flooding.
Ms. Allison pointed out the areas that she knew to be wet on the parcel and where the runoff flow routes were.
P. Bealo asked Ms. Allison if she had a copy of the drawing that showed all the wetlands areas. She replied that she would try to find it.
L. Komornick reminded that all current wetlands would have to be located and noted on the new site plan.
T. Trudel noted that his company had done the original subdivision of Ms. Allison's property.
J. Allison added that at the time of the subdivision request she had asked for two (2) buildable lots and was denied because of the wetlands.
There was a discussion regarding the location of wetlands on the property and what kinds of soils there may be out there now. It was noted that over time changes had been made as far as the development of Duston Avenue as well as road improvements that had changed the character of wetlands on the property.
L. Komornick noted that it would have to be shown that all the drainage calculations worked for the business on the property as well.
T. Trudel offered that they have had a soil scientist (Tim Ferwerda) take a preliminary look at the property. He noted that T. Ferwerda was the soil scientist who did the original evaluation when they were looking to put a residential septic system on the property. Mr. Trudel explained that not only had the wetlands changed on the property itself but the requirements for the designation of wetlands areas had changed since the initial subdivision as well. He noted that the soil scientist would be in to explain the wetlands and drainage to the Planning Board at the time of site plan review.
There was a discussion about some of the drainage work that the Town had done along Duston Avenue in recent years to try and help with the water problems.
S. Ranlett asked where all the runoff water would be directed.
T. Trudel replied that they had not addressed that as yet since they had not yet received ZBA approval for the use and he did not want to cost Mr. Pichowicz additional monies until they had that approval. He assured that all those issues would be addressed in the site plan review process.
R. Gray asked what the specific application to the ZBA would be.
T. Trudel noted that this property was located in the CII District and this was not a permitted use.
L. Komornick clarified that this property was also in the VC District overlay and certain combined (residential/commercial) uses were allowed, but automotive repairs was not one of those allowed uses.
T. Trudel pointed out a number of uses around the subject property that he felt were comparable uses that he planned to note for the ZBA.
William Hallahan, 7 Duston Avenue, noted that he also owns 5 Duston Avenue. He noted a number of different uses that had been proposed and denied for this property in the past. He offered that the wetlands have always been a problem. Mr. Hallahan noted that he has a pool on his property and was concerned about cars waiting to be repaired being in the vicinity of that pool. He added that three (3) times in the past Planning Boards have turned down businesses at this location and he felt he would be the only one adversely affected if this project moved forward. Mr. Hallahan noted that this was being used as a residential lot and Mr. Pichowicz has an established business on Chandler Avenue. He offered that he had been on Duston Avenue since 1951 and expressed concerns about contamination from cars being left
outside and allowed to leach fluids into the ground and reminded it was
Robert Lang, 10 Stanwood Avenue, noted that his concern was about more traffic in the center of town. He added that right where the garage would be located is a swamp and anytime people walk by, it can be noted that the ground is spongy and wet. He also added concerns over contamination. Mr. Lang said he had been in town for over 50 years and didn't see why a garage should be put in one of the last locations in the Village District where it would only benefit Mr. Pichowicz, not the other residents or the Town.
J. Allison agreed with the other concerned abutters and suggested that the Planning Board should be looking out for all the residents not just one particular person. She noted that there were a number of vacant business locations where this business could be located other than the VC District and close to Pollard School and the park where people bring their children to play. She explained that she wasn't trying to say that Mr. Pichowicz would be a bad business man but she was looking long term should he decide to sell the property.
Jerry Lang, 10 Stanwood Avenue, noted that he was now twenty (20) years old but when he was a kid he recalled being able to play ball in the roadway and now was not able to because of the traffic on the street, including twice-daily tractor trailers. He noted areas that flood in rains. Mr. Lang offered that he does his own oil changes and knows that a few drops of oil can't help but be spilled as part of that process and expressed concern over how many times that would be multiplied with an automotive repair business. He added that he planned to stay in the area for a long time and was hoping to do some of the same things with his kids as he did as a kid, reiterating his concerns about increased traffic in the area.
Frances Hallahan, 7 Duston Avenue, offered that she agreed with everything that had been said thus far, especially with the concerns about traffic and being able to safely walk on Duston Avenue and the surrounding streets.
R. Lang offered that he understands that N. Pichowicz has a good reputation as a mechanic, but he already has a location to conduct his business. He added that he understood how it would be more convenient to have the business located at the home but the two-mile commute wasn't all that bad and would keep this kind of a business out of the Village District.
S. Ranlett asked if there was anything more from the Board.
J. Lang asked if the plan was approved how frequently the ground water would be tested to insure that their water wasn't being contaminated and was safe to drink.
L. Komornick asked if traps would be installed as part of the building of the garage.
T. Trudel reiterated that they had not gone that far into the site plan development process, reminding that they were here to get their denial to be sent to the ZBA. He noted that typically in this type of business catch basins were installed that would collect anything that might contaminate the soils and water.
J. Allison asked where the catch basins emptied out to.
T. Trudel responded that the typical garage collects these waste products and they are disposed of offsite.
S. Ranlett reminded that the purpose of this meeting this evening was to deny the plan and allow Mr. Pichowicz to make an application to the ZBA for a use variance. He reminded that all applicants will have the chance to voice their concerns at that meeting as well.
R. Gray added that should Mr. Pichowicz be denied by the ZBA he will not be coming back to the Planning Board; but should he be approved he would be coming back with a more complete site plan and all abutters would again have the chance to voice their concerns.
P. Bealo suggested that people should obtain a copy of the ZBA application to understand what kinds of information Mr. Pichowicz would have to supply to convince that board to grant him a variance. He offered that it might help them understand the process better and give them guidance in how to address their concerns.
T. Moore asked if there was a variance in place for the pool and deck encroachment into the wetlands setback.
N. Pichowicz said it was there before he purchased the property.
R. Gray noted that this issue would have to be addressed and resolved as part of further site plan review.
F. Hallahan asked that the VC District be left alone.
T. Moore moved, second by P. Bealo, to deny the site plan for 3 Duston Avenue, Tax Map 41, Lot 53 as not being in compliance with Article V, §220-32C (CII uses) paragraph B.
Hallahan addressed the Board briefly about some of his traffic concerns on Main Street and other areas of Town.
Letter from Plaistow Power Sports (107 Plaistow Road) Re: Special Event
S. Ranlett noted a letter from Plaistow Power Sports requesting to hold a week long special sale event. He offered that he recalled approving a minor site plan in a previous year.
L. Komornick offered that it be looked at as new request because they were proposing a different layout of the tents, a band and a stunt show in the fire lane.
There was discussion about making sure that Police and Fire Departments are okay with the proposed plan and that detail officers are appropriately provided. It was also noted that they were working with the Health Department.
L. Komornick noted that she had been in touch with Plaistow Power Sports and they were indicating they were not sure this would be an annual event for them.
S. Ranlett reiterated that he recalled approving a minor site plan for this location.
T. Moore reminded that sometimes in the past events were approved for a year or two before a business was asked to make changes to the site plan so any issues there may be with traffic or other concerns would already be identified and could be addressed as part of the minor site plan change.
T. Moore moved, second by R. Gray, to allow Plaistow Power Sports to have the stated event (April 17, 18 and 19), provided that the Fire Department is satisfied with the proposal.
R. Gray asked that the Police Department also be shown the plan.
L. Komornick offered that she would forward it to the Police Department as well.
Other Business - Misc. Notices, Letters and other Correspondences from Dept. of Building Safety (DBS), Planning and ZBA
L. Komornick noted a number of copies of notices and violations issued by the DBS.
Other Business - Status of Ron Brown's bond for his 15-lot subdivision
L. Komornick noted that Mr. Brown had posted a cash bond for his 15-lot subdivision in the amount required ($37,000).
Other Business
L. Gil noted that he had been to an informal breakfast meeting regarding future rail service in Plaistow. He said they had requested that the question be posed to the MBTA to get specifics on costs and suitability of sites in Plaistow so that there could be discussion on the State level.
S. Ranlett offered that he had spoken with the Town Manager about the sidewalks.
L. Komornick noted that she had been in touch with the Local Government Center for guidance (regarding whether or not the Town can now use Route 125 Impact Fee monies for the sidewalk project since spending the monies for one had been turned down at Town Meeting).
S. Ranlett asked for discussion as to whether or not the Board wanted to see sidewalks (in the Danville Road area from Greenough to Route 125). It was noted there are a number of gray areas in the process (since the monies had been voted down).
T. Moore offered that it was his recollection that there was always the intent for a sidewalk to be included along the entire Route 125 area as part of the redevelopment of Route 125. He offered that it appeared that in every plan the State does with redeveloping Route 125 the sidewalks are not there as was intended.
L. Gil added he was in favor of it as well. But appropriate legal counsel needed to be consulted for interpretation in light of the recent town vote.
There was discussion noting that the recent vote was not clear whether it was the monies being voted down or whether it was the idea of sidewalks in general. There as also discussion regarding upkeep and maintenance of any sidewalks, whether the snow removal would be the responsibility of the property owners or the town and what would happen to those unoccupied properties as far as snow removal or properties where there are impediments to snow removal, such as fences and walls.
L. Komornick noted that there will be a meeting in the near future regarding the Route 125 upgrades, which would be the appropriate place to voice concerns about the sidewalks being included.
S. Ranlett noted that he was looking for a consensus regarding whether or not the Board supports sidewalks so that they could be included in development plans. He noted that it was easier to remove the sidewalk from the plans if it does not go forward than it is to try and add it at a later stage.
There was a discussion regarding whether or not the public voted for or against the sidewalks or if it were just the monies they were voting down. It was also discussed whether or not this would limit the Board's ability to now spend Route 125 Impact Fee monies. It was suggested that in these tough economic times that it was the monies that were voted down and possible confusion with the wording of the warrant article. The location of the sidewalk being discussed was noted to be from the corner of Danville and Greenough Roads down to Cumberland Farms (part of the proposed reconfiguration of Route 125), which was suggested to not be clear on the warrant article. It was noted that the consensus in support of the sidewalks was 3 for and 2 against. Those not supporting offered that they just weren't sure what the
intent of the voter's was in defeating the sidewalk warrant article; was the vote against the monies or sidewalks in general.
L. Komornick noted that there may be the chance that NHDOT (New Hampshire Department of Transportation) would be building the sidewalks anyway as part of the Route 125 project, but there still needed to be legal clarifications as to whether or not Route 125 Impact Fee monies could be spent.
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 _________________________
________________________
Steven Ranlett, Chairman
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