PLANNING BOARD MINUTES
PLAISTOW TOWN HALL
Wednesday, February 18, 2009
Call to Order: 6:30 p.m.
ROLL CALL: Present for the Planning Board were: Timothy E. Moore, Chairman; Robert Gray, Selectmen Ex-Officio; Neal Morin, Alternate; Charlie Lanza, Alternate; Leigh Komornick, Planner, and P. Michael Dorman, Chief Building Official.
Excused were: Steve Ranlett, Vice-Chairman; and Peter Bealo. Chairman Moore appointed Neal Morin to serve in Steve Ranlett's position, and Charlie Lanza to serve in Peter Bealo's position.
2) Minutes of February 4, 2009 Planning Board Meeting Minutes
Bob Gray made a motion, Neal seconded to approve the minutes of as written. (So Voted 4-0-0)
3) A Public Hearing on a site plan for a change of use from a professional office (realtor) building to a dentist office and professional offices. The property is located at 89 Main Street, Tax Map 39, Lot 91. The total lot is .53 acres has 297 +/- feet of frontage. The site and building are located in the CII/Village Center Districts. The owner of record is Joy A. Merrill.
Staff conducted an in-house checklist for this site plan and found seven items that have been addressed by the applicant. Because this is an existing business and site, and is merely a change of use, no engineering review was required. Septic and parking are fine and traffic circulation is based on the restricted driveway uses. The property is located in the CII/Village Center Overlay Districts.
There are a number of waivers that are needed for this plan and the applicant has applied for a NHDOT Driveway Permit (application in file) and is awaiting approval/disapproval. The Board will need to review and approve the list of waivers.
There were no comments received from the Police, Fire and Highway Departments.
Staff Recommendation: The application is complete and is approvable conditional upon approval of requested waivers and receipt of approved NHDOT Driveway Permit.
Terry Trudel of SEC Engineering gave the presentation. He reviewed the history of the uses of the site and noted that the plan before the Board this evening was to convert the use to a Dentist Office, with some office space available. Parking and traffic flow are adequate. They have applied for a NHDOT Driveway Permit and are awaiting the Town's response.
The Planning Board members asked numerous questions about the project.
Bob Gray made a motion, Neal Morin seconded to accept the application as complete. vote 4-0-0.
Next, the Planning Board discussed the waivers.
Tim Moore goes through waivers separately:
Landscaping plan - Motion by Bob Gray to waive regulation 230-14-HH; 2nd by Charlie Lanza; vote 4-0-0.
Lighting Plan - Motion by Bob Gray to waive regulation 230-14.II.as there is existing lighting and no new lighting proposed, seconded by Neal Morin. vote 4-0-0.
On-Site Dumpster - Motion by Bob Gray, waive article 230-14-XX for dumpster/trash removal because it will be done by curbside; 2nd by Neal Morin; vote 4-0-0.
Loading/unloading bays - Motion by Bob Gray, waive regulation 230-14-FF; 2nd by Neal Morin; vote 4-0-0.
Motion by Neal Morin to conditionally approve the site plan based upon receipt of NHDOT Driveway Permit; 2nd by Bob Gray; vote 4-0-0.
4) A Public Hearing on a site plan for a mixed use for a residential home with a retail (fabric and curtains)/service (sewing) business. The lot is located at 86 Main Street, Tax Map 39, Lot 61. The total lot is .785 acres and has +/- 76.73 feet of frontage. The site and building are located in the CII/Village Center Districts. The owner of record is Patricia J. Doucette.
Staff again conducted an in-house checklist for this site plan and found items that have been addressed by the applicant. This is an existing house with a proposed business and the property is located in the CII/Village Center Overlay Districts.
The proposed use is more in line with a home occupation, as it is my understanding that they will be conducting sewing activities at the house following consultation with customers at the home as to fabric choices, etc… Therefore, there will not be any significant "trip generation" and traffic and parking should not be an issue. The plan should include a note regarding the hours of operation and also show snow storage.
There are a number of waivers being requested and which require approval by the Planning Board.
The applicant has been informed that they need approval from NHDOT and must apply for a NHDOT Driveway Permit. There is no record of this action to date.
The Police Chief had the following comments. No comments were received from the Fire or Highway Departments.
a. Handicapped parking;
b. Stop signs and bar;
c. Pave the entire driveway;
d. Exterior lighting;
e. Alarm system;
Staff Recommendation: The application is complete but requires review of numerous issues by the Planning Board and receipt of approved NHDOT Driveway Permit.
Patricia Doucet and her husband presented the site plan. They noted that they, along with their daughter, were going to run a fabric store with notions and sewing classes on Saturday morning.
The Planning Board members asked numerous questions about the project. The major concern was the parking and a few of the spaces being located so close to the next door neighbor. Leigh Komornick noted for the record that the abutter had come into the office to inquire about the plan and to express his concern about this issue. The Board members agreed that the best resolution was to designate the parking under the barn as the customer parking, and to leave the spaces beside the house for the residents. Also, one of the spaces should be designated as a handicapped parking space.
Also of concern was whether the driveway should be paved. The Board members agreed that because the parking was over concrete, this would be suffice.
Bob Gray made a motion to accept the application as complete, Charlie Lanza seconded. vote 4-0-0.
The Planning Board discusses waivers. Tim Moore goes through waivers separately:
Outdoor lighting - Motion by Bob Gray, waive the exterior lighting plan, regulation 230-14-ii; 2nd by Charlie Lanza; vote 4-0-0.
Landscaping plan - Motion by Bob Gray to waive regulation 230-14-HH; 2nd by Neal Morin; vote 4-0-0.
Elevation plan - Motion by Bob Gray, waive elevation plan as the building is pre-existing; 2nd by Charlie Lanza; vote 4-0-0.
Loading/unloading bays - Motion by Bob Gray, waive regulation 230-14-FF as building will only be having UPS/Fed Ex deliveries; 2nd by Neal Morin; vote 4-0-0.
Dumpster - Motion by Bob Gray, waive article 230-14-XX for dumpster/trash removal because it will be done by curbside; 2nd by Neal Morin; vote 4-0-0.
Utilities - Motion by Bob Gray, waive utilities to not show on the plan; 2nd by Neal Morin; vote 4-0-0.
Driveways/formal cross sections - Motion by Bob Gray to waive driveways/formal cross sections; 2nd by Neal Morin; vote 4-0-0.
Wells & Septics - Motion by Bob Gray regulation 230-14-DD waive site regulations to show offsite wells and septics; 2nd by Charlie Lanza; vote 4-0-0.
Bob Gray made a motion, Charlie Lanza seconded to accept the application as complete. vote 4-0-0.
Bob Gray made a motion, Neal Morin seconded to conditionally approve the site plan for 86 Main Street. The conditions are as follows: 1) Adding a note on the plan stating: Hours of Operation: Monday through Friday, 10 a.m. to 5 p.m. and not open Sunday. 2) Adding a note that the parking must be under the barn for customers and the other parking on the side (not covered) for the residents. 3) The addition of a handicapped parking sign for one of the parking spaces under the barn. 4) NHDOT Permit. 5) Addition of the waivers. 6) Addition of a note stating they will be having sewing classes on Saturday morning. vote 4-0-0.
5) A Public Hearing on a site plan on a final site plan application by Fairway Oaks, LLC who proposes to combine Tax Map 58, Lots 4 and 6 and Tax Map 66, Lot 3 for the construction of a 36 unit Elderly Housing Project.
Access to this complex will be through an extension of Hillcrest Avenue in Plaistow. The total acreage is 23.11 acres and the owners of record are Fairway Oaks, LLC, Fairway Realty Trust, and Richard Riley and Janet Biggart.
Along with this staff report, please find a copy of a letter from CLD and the following are a summary of their comments/concerns:
1) No waivers required for this project according to the applicant;
2) Alteration of Terrain package still pending to NHDES and to CLD;
3) Surveyors stamp required;
4) CLD erroneously noted that the Bonding Requirements/Preconstruction Meeting article had been
repealed. The applicant should add this as notes to the plans.
5) The EHC zoning requirements will override the Low Density Residential District requirements;
6) The EHC Ordinance that this falls under requires 15% of the units shall be set aside as affordable;
7) CLD is still looking for more details on the guardrails;
8) CLD notes the encroachment of the 50-foot wetland buffer. This should be addressed by the Board and applicant. (Item G., Page 4 of the CLD letter).
9) Is the Board comfortable with the calculations for parking (11 spaces) for the community center which is based upon an assumption that most people will walk?
10) The curb and pavement radii should be added to the plans and profile sheets of the driveway;
11) The pavement width of the streets should be listed on the plans;
12) A traffic study is not recommended by CLD;
13) NHDES Subdivision Approval is required;
14) The applicant has provided a copy of the well information and concept approval by NHDES. Final
NHDES Well Permit approval will be required;
15) The layout of utilities is lacking;
16) Adequate separation between the seasonal high groundwater elevation and the bottom of the
basins is an issue according to CLD. (See Item A. on page 7 of their letter).
17) CLD is still requesting calculations that will demonstrate that the increase in runoff will not adversely
affect abutting properties prior to convergence on the brook.
18) The applicant has stated that the project will be submitted for the Alteration of Terrain Permit
shortly and that they believe their design meets the NHDES criteria. CLD has indicated concern
that NHDES will not allow an increase in runoff. CLD is also concerned that the new NHDES rules
require 3 feet separation between the infiltrating basin and seasonal high groundwater.
19) CLD is requesting detailed information on how the path locations to the infiltrating basins will be
maintained.
20) There is a significant issue concerning the extensive filling of wetlands, including the construction
of a paved driveway and the location of a stockpile within the Wetlands District which are prohibited by Zoning Ordinance. Also, the applicant should note the status of the Conditional Use Permit. Where does this project stand with regard to the Conservation Commission review and the status of the Conditional Use Permit? The Conditional Use Permit would not override the need for a variance, correct?
21) Temporary sedimentation basins are being recommended by CLD. (See Item D. on page 8 of
Their letter). They are also recommending that the Town reserve the right to require additional erosion control measures if any off-site impacts are found during construction.
22) There is no Landscaping Plan at this time.
23) There is no Lighting Plan at this time.
24) The requirement for a Notice of Intent for an NPDES Construction Permit should be noted on the
plans.
25) What is the status of the NHDES Subsurface Permit?
26) CLD believes that the applicant should have a Structural Engineer certify the proposed retaining
wall design. To date, the applicant has not yet submitted a complete structural design.
27) ADA specs should be reviewed.
Police Department Comments:
a. Is the proposed road off the cul-de-sac a driveway or a "Town Road"?
b. Is the Community Center strictly for owners or will it be rented out? If so, will there be issues with alcohol?
c. Are there adequate street lights on Hillcrest Avenue and adequate street lights and parking lot lights on the new roadway?
d. There should be a stop sign at the intersection at Woodbridge?
e. Will there be a sidewalk in the development and on Hillcrest Avenue out to Route 108?
f. Chief is concerned about portable radio coverage in the project, i.e. will they be able to reach the base station? This could be a safety issue and requires further discussion.
Fire Department Comments:
a. The applicant is indicating that there will not be any fire protection features installed and that the site is located 3,000 feet from a dry hydrant at the intersection of Newton Road and Country Club Lane. Regarding Dry Hydrants - the Chief will not allow for use of this. Fire Chief McArdle indicates either provide fire hydrants or a cistern per the Town of Plaistow Regulations.
b. Chief is concerned about portable radio coverage in the project, i.e. will they be able to reach the base station? This could be a safety issue and requires further discussion.
c. I units are built after adoption of the 2006 Life Safety Code, they will be required to have all units sprinklered. (IAW NFPA - 13D/13R).
d. CLD noted on page 4 of their letter that the applicant has stated that fire lanes are not needed and that the driveways will act as access for emergency vehicles. Chief McArdle is comfortable with this as the road will be built to Town specifications.
Highway Department Comments:
a. Dan strongly recommend that the roads be built to Town specs but remain private. He will maintain the cul-de-sac, i.e. plowing, sanding, etc… However, the configuration of the proposed roads would be very difficult to maintain and that is why he is recommending they be private, not public roads.
b. The length of the road exceeds our regulations and there is no proposed connection to Westchester Drive. According to the applicant, opposition to this by abutting condo association makes this improbable.
c. The proposed curbing appears to be asphalt which are actually easier to maintain.
d. A driveway permit from the Town is required.
Other Departments: The Limit of Liability waiver must be obtained from the Board of Selectmen.
Staff Recommendation: Application is incomplete and there are major concerns regarding the violation of the subdivision regulations restricting new street lengths to 2,000 feet. (The street is proposed to be 2,160 with no other access in or out). Also of significant concern is the violation of the ordinance for proposed filling of wetlands.
Philip Christianson discusses 55 and older housing community development, CLD comments, qualifications, regulations, buyers and market rates.
Steve Doherty discusses units, affordability and qualifications.
Tim Moore discusses wetlands buffers.
Leigh Komornick discusses road length issues.
Resident: William Henson of 107 Westchester Drive shares feelings and opinions of being an abutter to the new development; discuses length of road which pitches toward Westchester Drive; houses being built on cliff and discusses not wanting access through easement.
Resident: Mike Hennessy of 22 Newton Road discusses roadway and traffic flow; concerns with building in wetland area; issues with landscape plan; snow storage; road taken over by Town; buying a bridge and maintaining it.
Resident: John Piccarrillo of 37 Hartway Drive, Fairways, discusses receiving/not receiving abutters letter.
Board discusses notification procedures.
Leigh Komornick notes she will look into list of who has been notified.
Tim Moore discusses hearing being continued until March 18.
Leigh Komornick discusses denial and going to ZBA.
Bob Gray discusses the need to go to ZBA regarding wetland set backs and private road.
Tim Moore discusses denial because it doesn't meet all zoning requirements for wet lands.
Mike Dorman, Leigh Komornick, Bob Gray and Tim Moore discuss and agree to a continuation for April 15 (3rd Wednesday in April).
Board takes 5 minute break.
6) Other Business.
Leigh Komornick discusses letter from law firm received on the 17th regarding re-issuance of the bond for Ron Brown Estates.
Leigh Komornick discusses the request for project review for 3 sites being rezoned on Main Street.
Bob Gray suggests for Leigh to call to get more information regarding this matter.
Leigh Komornick discusses working with Sean on a list of potential projects for the REDC grants, the TIP plan and MS4 storm water issues.
Bob Gray discusses that the Board of Selectmen have voted to take Ron Brown's development out of current use.
7) Adjournment.
The meeting was adjourned at 9:10 p.m.
Respectfully Submitted,
Audrey Michaud
Administrator
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