PLANNING BOARD MINUTES
May 20, 2009
Call to Order: 6:31 p.m.
ROLL CALL: Present were: Steven Ranlett, Chairman; Timothy E, Moore, Vice-Chairman; Peter Bealo (departed 7:21 p.m.); Robert Gray, Selectmen Ex-Officio; Neal Morin, Alternate; and Charles Lanza, Alternate. Larry Gil was absent.
Also present were Leigh Komornick, Planner and P. Michael Dorman, Building Inspector/Code Enforcement Officer.
C. Lanza was appointed as a voting member for the meeting
Minutes of May 6, 2009, Planning Board Meeting
P. Bealo moved, second by R. Gray, to approve the minutes from the May 6, 2009, meeting. There was no discussion on the motion the vote was 5-0-0.
Request for Discussion by Phil Christiansen regarding the issuance of a conditional use permit in lieu of a zoning variance for the proposed encroachment in the wetlands buffer zone for the Snow's Brook Elderly Housing Project
John Cronin, Cronin and Bisson, PC and Steve Doherty, Hillcrest, LLC, were present for the discussion.
J. Cronin explained that he became involved with this project when the litigation (involving a different elderly housing project) began. He noted that his clients have been informed that they may need Zoning Board of Adjustment (ZBA) relief for intrusions into the wetlands for the project, which he believed could be addressed as part of a conditional use permit, instead of a variance. Mr. Cronin added that they did not want to do anything that would jeopardize their position or priority with reference to the unit cap restrictions of the (now repealed) elderly housing ordinance.
There was a discussion about where the specific intrusions into the wetlands buffer were located.
P. Bealo noted that this site plan was not yet accepted as complete and therefore was not yet under the jurisdiction of the Board and therefore he would not yet consider voting on whether or not to issue a conditional use permit (CUP).
It was noted that a consensus that the application would meet the criteria to apply for a conditional use permit would be sufficient.
L. Komornick added that it was fair to make sure that all the affected areas could be covered by a conditional use permit.
J. Cronin offered that they were there to determine if all the intrusions could be covered by the same type of permit and whether or not there was a feeling from the Board that a conditional use permit could be granted.
T. Moore noted that there would have to be a legal notice that could be done at the same time as the notice for the final hearing, which would advertise for the consideration of a conditional use permit as well as the site plan review.
J. Cronin asked if there were other issues that the Board felt would be an issue.
L. Komornick noted there was an initial concern about the road length.
S. Doherty reminded that was discussed at a previous meeting and he had agreed that it would be a cul-de-sac and would meet the Town's regulations. He related the history of how he had acquired other parcels to gain full access to this property through Plaistow. He reminded that they had previously shown a plan for 122 elderly housing units under the previous elderly housing ordinance, but that made the residents of Hillcrest Avenue very unhappy, so they came back with a plan for 44 units, which was then changed to the current 36. Mr. Doherty noted that he was quite surprised that after all the review and the time that had passed to find out that he would now need a variance.
R. Gray noted that a letter from the Conservation Commission (ConCom) would be required.
S. Doherty offered that they did have approval from ConCom as it was needed for a State of New Hampshire wetlands approval.
M. Dorman explained that the State of New Hampshire would send a letter to the Town, which would mostly likely go to ConCom for review, but if ConCom did not meet to review it within the allowed twenty (20) days then the State would just move along its process.
C. Lanza noted that the ordinance specifically states that a letter from ConCom is required for the granting of a CUP.
There was a discussion regarding whether or not the applicants would need to return to ConCom for further review. It was noted that the plan was slightly different when it was initially reviewed. It was suggested that it wouldn't be a bad idea for ConCom to take another look at the revised site plan.
T. Moore added that when ConCom initially reviewed the project it was regarding a buffer and a conditional use permit was not part of the discussion.
There was discussion about which areas on the parcel would be covered under the CUP.
Update on RPC Groundwater Meeting held on May 13th
T. Moore updated the Board on a Groundwater Management Meeting that was recently held by the Rockingham Planning Commission (RPC). He noted that the biggest concern to the local governments was the time allotted for towns to provide input on an application. T. Moore added that times and locations of public hearing on applications were an issue as well, as they made it difficult for towns, whose boards are usually staffed by people who are volunteers and have other jobs, making it difficult for them to attend, since the public hearings would most likely be during the day and in Concord. He noted that it was suggested that the public hearing should be held in the affected town. T. Moore noted there was still discussion on the regional and state levels and he would keep the Board informed should there be something decided that the
Board should keep in mind when it came time to review zoning in the fall.
Update on the Route 125 Widening Project Public Information Meeting held May 13th
P. Bealo noted the he was at the public hearing, which was not well attended. He reported that he had raised some questions about lighting along the redeveloped parts of Route 125, which he was hoping to get e-mail responses. He added that Merilyn Senter raised the issue of the median continuing down in front of Red's Shoe Barn to connect with another portion further down. P. Bealo noted the idea was not well received. He added that the Route 125 redevelopment plan included a significantly landscaped median strip, the maintenance for which would fall to the Town. He added that he got the impression that the Town could make as many suggestions as they wanted to for changes to state owned roads but the State was under no obligation to adopt or include any of those suggestions.
There was a discussion of a proposed service road which would parallel Route 125 and run behind the businesses on the odd numbered side of the road, starting at 87 Plaistow Road and heading north, but would not connect Old Road. The service road would be accessed through the driveway at 95A Plaistow Road, where there was proposed to be a signalized intersection. The Board discussed whether or not there was even a need for the road if it did not connect to Old Road and there were significant wetlands and slopes. It was suggested that the State be contacted regarding continuing the service road through, now that there was no site plan in place for the Danos property, which had been the previous issue with continuing the service road to connect with Old Road. It was agreed that whether or not the service road was put in
there should be a light at that same driveway with a paved curb cut on the even side of Plaistow Road (the area of the Plaistow Drive-In) for future development.
There was also discussion about the area in front of Plaistow Commons (160 Plaistow Road) and what impact the median will have in that area, which has so many curb cuts accessing Route 125 currently.
There was a brief discussion of the auto dealers on Route 125. It was noted that many of them were leaving.
M. Dorman noted that if a new auto dealer comes in to replace one of the vacant spots he is taking a hard line with them to bring each site up to the approved site plan,focusing on replacing paving and improving landscaping.
P. Bealo left the meeting at 7:21 p.m. N. Morin was appointed as a voting member for P. Bealo for the remainder of the meeting.
Request for Release of Route 125 Impact Fess for Planning Board applications for the Lot Line Adjustment Plan
It was noted that fees, such as legal noticing and abutter notification, related to the Lot Line Adjustment plan, to acquire a small strip of land from Taurus Investments (5-9 Plaistow Road) to widen and improve Haseltine Street, would be paid out of the Planning Board's budget and the intent was to take funds from the Route 125 Impact Fees (paid by developers) would be used to replace those payments.
T. Moore moved, second by C. Lanza, that the use of Route 125 Impact Fees for the repayment of fees related to the Lot Line Adjustment Plan to widen Haseltine Street was in keeping with the intent of the Route 125 Impact Fee Ordinance. There was no discussion on the motion. The vote was 5-0-0 U/A.
Discussion of ERZ and Review of Possible Areas
L. Komornick explained that she has been asked to go to the Board of Selectmen's meeting in two (2) weeks to discuss what areas should be targeted as Economic Revitalization Zones (ERZ).
It was noted in discussion than an ERZ is an area that could qualify for a tax credit of up to $40,000.00 over five (5) years through a strictly federal program. It was offered that other towns in New Hampshire were already taking advantage of the ERZ program, which could make doing business in those towns more attractive to a business over Plaistow, all other things being equal.
There was discussion regarding what the criteria was for an area to be considered to qualify as an ERZ. The Brownfield Sites were noted as being important to include. It was noted that a parcel being listed on the Brownfield list did not necessarily mean it was contaminated.
T. Moore cautioned on using too broad a brush on determining which areas to list as it may be cause for disqualification.
It was decided that L. Komornick and M. Dorman would take a hard look at the federal ERZ criteria and the zoning districts to offer suggestions at the next meeting.
S. Ranlett offered that he thought it was an excellent idea for the Town.
R. Gray agreed, adding it could help bring business back to the Town.
R. Gray asked to return to the earlier discussion about the redevelopment of Route 125, particularly the area of Sanborn's Candies and asked if consideration has been given to accessing Route 125 by behind the businesses to the north of the Sanborn's property.
L. Komornick noted that NHDOT is aware that there have been some discussions on that possibility, adding there was an awareness that they may be asked to make some adjustments to the plan for Route 125.
Other Business - Highway Safety Committee
It was noted that at the most recent Highway Safety Committee (HCS) meeting there was a discussion of the Main Street, Corridor Study and traffic calming measures.
L. Komornick noted it would be important to have a Planning Board member sitting on the HSC.
S. Ranlett offered to sit on the HSC.
M. Dorman reported that a number of good suggestions were made on how to make the area more "village-like" including stop signs, crosswalks and street parking.
Other concerns about Main Street traffic were discussed including the intersections with North Ave, Elm Street, East and West Pine Streets and Westville Road. It was reiterated that despite the desire and recommendations of the Town, the State did not have to make any changes, even if the Town were to pay for proposed changes.
T. Moore suggested the possibility of Route 121A starting at Route125 and heading north, with signage at the state line showing 125/121A going straight.
Other Business - Summer Meeting Schedule
There was a discussion regarding only meeting once a month during the three summer months, which would eliminate conflicts with the Recreation Departments summer concerts on the common. The decision was made to only meet on the third Wednesday in the months of June, July and August.
Other Business - Stateline Plaza Snow Pile
M. Dorman noted that the snow pile was completely gone and all the trash had been cleaned up on the corner of Wentworth Avenue and Haynes Boulevard.
There were no additional matters before the Board and the meeting was adjourned at 8:00 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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