PLANNING BOARD MINUTES
FOR A SPECIAL MEETING
August 4th, 2010
Call to Order: 6:42 p.m.
Roll Call: Present were:
Timothy E. Moore, Chairman; Peter Bealo, Vice-Chairman; and Robert Gray, Selectmen Ex-Officio.
Steve Ranlett and Charlie Lanza were both excused.
Also present was Leigh Komornick, Town Planner.
Seven Item Agenda On:
A Public Hearing on a site plan amendment to result in a dental office only with 8-exam rooms with 31 exterior parking stalls, a one-way internal travel aisle and improved entrances off of Main Street. The building in its current configuration is a four-bedroom residence and a dental office with 4-exam rooms and disconnected parking. The property is located at 159 Main Street, Tax Map 41, Lot 35 and totals 2.54 +/- acres with 293.80 feet of frontage in the CII, Village Center Overlay Districts. The owner(s) of record is Holiman Holdings, LLC.
Engineer Christian Smith and Dr. Ronald Holiman were present to represent the application.
C. Smith stated that the residential component of the building will be eliminated to expand the size of the office while still making no change to the exterior of the building. In the parking lot, a 16 foot drive isle has been maintained where there is perpendicular parking. On the Northwest side of the lot, 6 stalls will be reduced by one to create 45 degree parking stalls with a drive isle of 15 feet. Mr. Smith added that test pits still need to be conducted and that he wanted to make sure those were approved before disturbing the property.
L. Komornick mentioned that she had spoken with Heidi and Erin from CLD regarding parking concerns that people couldn’t pull out from the spaces because of the narrow drive isle, however, it has been working for 27 years now. Mrs. Komornick added that there had been a site walk and no major problems were noticed.
C. Smith said that the angle parking would be added to better allow people to back out of the spaces. Continuing his description of the application, Mr. Smith noted that there was no loading area since dental office deliveries are so small. Similarly, a dumpster would not be required because there is little waste generated by a dental office.
R. Gray asked if the building would have a residential use as well.
L. Komornick answered no, that they have opted to not occupy the building. However if there is a change of mind, they can always return in front of the board and consider tweaking the zoning during the March town meeting.
R. Gray reviewed the plan drawing and stated that he would not like to see “existing house” on non-residential plans.
C. Smith responded that he would be happy to note that.
P. Bealo added that the plan implies that someone is living there and so a note would be good to clarify.
R. Gray said that he would like to see in the note that the 60 foot Norway Spruce would have to be trimmed back to allow for box trucks to make deliveries to the office.
P. Bealo asked what kind of truck picks up the medical waste from the office.
R. Holiman answered that there is so little medical waste generated it’s actually collected via a mail-in process. The same goes for fillings containing mercury, which are often removed from patients’ mouths today. Dr. Holiman added that the office always recycles when possible and anything blood contaminated goes into a hazardous waste container which can be mailed out daily.
R. Gray noted that he feels comfortable with trimming back the Norway because of the 1-way traffic pattern.
C. Smith mentioned that they did their best to maintain a clear drive isle.
The board then granted 3 waivers for the site plan amendment one at a time.
R. Gray moved, second by P. Bealo, to grant a waiver for §230-12.H (parking dimensions). There was no discussion of the motion. The vote was 3/0/0 U/A.
P. Bealo moved, second by R. Gray, to grant a waiver for §230-14.1.XX (location of dumpster). There was no discussion of the motion. The vote was 3/0/0 U/A.
P. Bealo moved, second by R. Gray, to grant a waiver for §230-13 (loading area requirments). There was no discussion of the motion. The vote was 3/0/0 U/A.
T. Moore asked what about the test pits.
C. Smith answered that those would have to be done. He added that historically, dental offices generated much more septic flow, so the approved value of 500 gallons a day would be adequate for the proposed expansion to the office. Mr. Smith added that the soils are also very good.
R. Holiman stated that there were already two septic systems on location and both were in good shape.
L. Komornick asked how long the approval would take.
C. Smith guessed nearly 30 days.
L. Komornick asked for a timeline of the project construction.
R. Holiman answered that they were hoping to begin work on the parking lot on August 28th.
R. Gray moved, second by P. Bealo, to approve the site plan amendment for 159 Main Street under the following conditions:
1. The plans need to specify which parking will be used for any future possible residential use.
2. A note will be added that the spruce tree will be trimmed back.
3. A note will be added that no tenant will occupy the residential section of the building.
4. A note will be added referencing the additional waivers granted.
5. The notice of decision reflects that the occupancy permit cannot be granted until the backup septic plan is approved for construction by NHDES. There was no discussion of the motion. The vote was 3/0/0 U/A.
Discussion with representative regarding use of one of the units at 18 Plaistow Road (Plaza 125) for a convenience store.
Henry Boyde, Raymond Patel and Frank Patel were present to represent the plan.
H. Boyde explained that the plaza is located at 18 Plaistow Road and has several different uses, including 2 units which are a mattress store.
L. Komornick noted that the mattress store is already gone.
H. Boyde stated that he had a discussion with the NH DOT about any driveway changes and is currently working with the DOT on writing a traffic memo. As of last week, there had been no report back yet. The DOT had looked at the memo but not yet studied it.
L. Komornick stated that the building inspector didn’t feel comfortable issuing an occupancy permit because of the nature of the parking lot on location. The main concern is that the Route 125 raised median does not extend to that plaza. The concern is over the ability of the site to handle a convenience store.
H. Boyde mentioned that the use is approved for that property.
P. Bealo asked if there are a number of specifically allocated parking spaces for the future store.
H. Boyde answered no, and that the main concern is for all users of the property to have adequate parking, which he believes they do. Mr. Boyde added that this belief is based on the owner of the property obtaining a parking plan, and that he would make sure the parking issue was settled before making a formal application.
R. Gray asked if the proposed store would be selling alcohol.
R. Patel answered yes.
R. Gray stated that they would have to look at other businesses in town that sell alcohol for an example of parking issues. Mr. Gray noted that one such example would be Foods Plus, which sees extensive use and has cars in and out all day for alcohol. Mr. Gray added that for this proposed business, especially being located next to a busy Subway restaurant, there would need to be a firm grasp on parking before an occupancy permit is issued.
H. Boyde asked if it was fair to make these property owners go above and beyond the regular town ordinances for parking.
R. Gray responded no, but that this is a major usage change for the property and so parking must be studied to make sure everything is ok.
H. Boyde clarified that this would not be a 24-hour convenience store, and that it would generally cause more traffic into the site but not more traffic on Route 125 because of the nature of convenience stores. Mr. Boyde added that most people who shop at convenience stores do so out of impulse shopping because they see the store while driving by, unlike other uses where shoppers would intentionally plan on traveling to the business.
R. Gray studied the parking plan provided by Mr. Boyde and stated he would also like to ask the building inspector to travel to the site and see if the existing parking plan is being followed. Mr. Gray was not sure if the spaces shown at the northern edge of the lot were really there. Mr. Gray was also concerned that the parking spaces shown behind the building would not really be used even though they’re counted on the parking plan because it would be inconvenient for shoppers to park behind the store.
H. Boyde noted that those spaces would be for employees.
L. Komornick said that it’s important for those spaces to get used since they’re included in the count.
R. Gray said that he noticed cars queuing up to enter that lot under the present usage and is concerned whether the current parking plan is even being followed. Mr. Gray added that this isn’t a concern based on a building footprint change, but rather a usage intensity change which can cause the same problem.
H. Boyde mentioned that if parking is not accessible or convenient, then customers will not use the convenience store.
R. Gray clarified that there would be no additional signage for this new use.
L. Komornick noted that she would like to see a site visit with the building inspector during peak hours which would likely be on a Saturday between 11 and 2. Mrs. Komornick also asked for Mr. Boyde to double check the trip generation rates as cited in the ITE Handbook, since the store operators will need to know for their business.
F. Patel noted that people generally don’t linger at convenience stores.
T. Moore noted that unless there was another issue, the board would not need to see this project again.
R. Gray asked to clarify that deliveries would be only through the back, and not through the same door that customers use.
Discussion with Steve Stypinski Regarding Proposed New Use at 95 Plaistow Road (In Haverhill)
Steve Stypinski was present to represent the plan.
S. Stypinski explained the plans for development of a new Sonic Restaurant at the current location of Dylan’s (also known as the old Pizza Hut site). The current building and all of the utilities are in Haverhill. Mr. Stypinski noted that there is currently some pavement located in Plaistow as well as a few angled spaces. Under the new plans, Mr. Stypinski added that there would be no change in parking demand and that the 11 spaces at the bottom of the site as well as the 7 handicap spaces are for the carhop service while the 6 spaces near the northern edge of the lot are for employees. In addition, patio spaces are generally for carhop users. Mr. Stypinski noted that the new building would be smaller than the current one. The traffic flow would be using the existing curb cut, but the Planning Staff of
Haverhill asked for the entrance and exit to be changed slightly to allow access for Haverhill’s new fire truck which requires a slightly larger turning radius. Mr. Stypinski noted that everything on the plan is in accordance with Haverhill ordinances and so no variances are required. However, on August 18th, Mr. Stypinski will travel to the zoning board to apply for variance for signage because the signage plans will be 80 square feet on both sides, which is over the allowed 80 square feet total, but the same as the existing Dylan’s sign.
L. Komornick noted that unlike Plaistow, the city of Haverhill does not require public hearings for site plans, yet since part of the property is in Plaistow, she wanted to make sure the board was ok with the plans.
P. Bealo asked to clarify that the only use in Plaistow on the plans would be for storing trash, parking vehicles, and 2 light poles. Mr. Bealo added that he would like to see those 2 light poles conform to Plaistow’s light pollution ordinance.
R. Gray mentioned that he would like to see the abutters contacted if the board is going to forgo viewing the site plans.
S. Stypinski said that he would contact the butters.
T. Moore mentioned that right now, there is a driving area and pavement in Plaistow and the future plan includes a driving area and pavement, so there’s really no change on Plaistow’s side of the property.
S. Stypinski noted that there’s already a light pole in Plaistow, and that he would be sure they would be box lights that conform to Plaistow’s lighting regulations.
L. Komornick asked who reviews the engineering for these plans.
S. Stypinski answered the city engineer for Haverhill.
R. Gray asked if the parking spaces correspond with Plaistow’s regulations.
S. Stypinski answered yes, and that they correspond with Haverhill’s regulations.
R. Gray asked when construction would commence.
S. Stypinski answered that it would begin as early as October and as late as March.
Review of Proposed “Customer Appreciation Day” by Sullivan Tire
T. Moore asked if the board had any issues with the submitted plans.
L. Komornick stated that the plans had been sent to Deputy Chief Jones, but that they haven’t heard back yet. The owner is ready to comply with anything requested from the police department. Mrs. Komornick also noted that all of the plans would take place behind the building on the lot and that if the event becomes an annual one, she would like to hold on to a copy of the plans.
T. Moore stated if the police department was happy, then the board was all set.
L. Komornick added that the health department was all set with the plans too, and had specified the temperature to which hot dogs have to be heated to be safe for consumption, gloves to be worn, and squirt bottles for the condiments.
Review of Proposed Parking in Front of 140 Main Street
L. Komornick stated that the property owner had come in and discussed concern about the current parking conditions at 140 Main Street. All of the proposed parking in on the plan lies within the state Right of Way, and the state was ok with all of the proposed parking as long as the town was aware and the property owner paid for the improvements. Mrs. Komornick added that it would be advisable to have a letter sent from the planning board to the board of selectmen stating there is no concern over the plans.
R. Gray asked what about the parking behind the building.
L. Komornick stated that the parking behind the building was for residential use only and that it didn’t make sense to send customer cars out to that backyard where they would have to walk back out front.
R. Gray stated that the planning board would send the letter to the board of selectmen. Mr. Gray also asked if the project would eliminate the current green space.
L. Komornick answered that some green space would remain.
T. Moore added that the preference would be for angle parking through both lots at the location and some kind of taper off toward the railroad tracks; however, if the other owner does not agree with that plan then it doesn’t need to happen.
Update to Board: Leith Flower Shop Moving to 166 Plaistow Road
L. Komornick stated that Leith’s Flower Shop had found a new home at the old Mears Tractor location. Mrs. Komornick added that it’s an allowed use for that lot, with plenty of parking, and Leith’s is working on updating the electric utilities.
R. Gray asked about the proposed car port indicated on the plan.
L. Komornick answered that it would be for plant shade off the side of the building.
P. Bealo noted that the signaed is larger than allowed, and so the project would need to visit the Zoning Board of Adjustment.
R. Gray asked when their last day of business is at the current location.
L. Komornick answered around the end of the month.
Request for Comment on Telecommunications Facility at 2 Main Street
R. Gray stated that the owners would have to come before the board with these plans before construction and asked about the regional impact regulations.
L. Komornick answered that she would have to look that up, since the facility would be added to an existing building instead of an independent tower.
R. Gray asked if the first thing motorists will see upon entering New Hampshire is this proposed cell tower.
L. Komornick noted that it would be hidden inside a slightly taller cupola which will stand eight feet taller than the current one.
R. Gray mentioned he would be interested to find out about the regional impact regulations.
L. Komornick noted that the regional impact does concern the aesthetic aspect because it can be seen from other towns.
R. Gray asked if the tower would be visible from Atkinson.
T. Moore answered possibly, from the hill in Atkinson and suggested notifying both Atkinson and Haverhill.
L. Komornick stated that it would not be prudent to officially comment on the plans until the representatives come before the planning board themselves.
Miscellaneous
L. Komornick stated that the planned residential development on Witch Lane was denied and so that needs to be updated with the results. Mrs. Komornick also stated that Rite Aid asked the building inspector to provide a letter documenting what else needed to be done however Sumner Kalman recommended that the letter not be given.
R. Gray mentioned that when it comes time for zoning board changes, any project that requires special meetings should come with some kind of fee.
L. Komornick added that there could also be a fee for any plan that does not go normally, something that could be determined using a threshold system.
T. Moore added that for example, when an applicant passes a surpasses a specific amount of staff time for their project, a fee will be requested.
R. Gray clarified that the idea behind such a fee is the through that the town should charge for so much additional staff time and effort for any particular plan.
T. Moore added that the next meeting for the CIP Master Plan Update is scheduled for next Tuesday, August 10th, at 6:30 pm in the Plaistow Town Hall. Mr. Moore added that there would likely be one or two more meetings.
L. Komornick added that the other meeting would be scheduled for August 31st.
T. Moore noted that the letter from the joint meeting of Planning Board and Conservation Commission is about 90% done and he will e-mail that letter to everyone when it is ready. Mr. Moore added that the decision of the EPA as to which access route to take to the Beede Site has been delayed a couple of weeks in order to review the comments from the department of transportation before making a final decision.
L. Komornick asked about the Chandler Ave elderly housing letter.
R. Gray answered that the Board of Selectmen asked for more of a definition of elderly housing and why the planning board wasn’t actively pursuing it.
P. Bealo noted that if the selectmen want a definition, it should be taken from the previous ordinance in place when Chandler Ave project was approved.
R. Gray suggested that a letter could be written to the Board of Selectmen asking approval of the definition of elderly housing as it was originally written.
Adjournment
There were no additional matters before the Board and the meeting was adjourned at 8:53 p.m.
Respectfully Submitted as recorded by Kyle Cornell.
Approved by the Planning Board on _________________________
________________________
Timothy E. Moore, Chairman
Other Business - Miscellaneous
There being no additional matters before the Planning Board, the meeting was adjourned at 8:53 p.m.
Respectfully Submitted as recorded by Kyle Cornell.
Approved by the Planning Board on _________________________
________________________
Timothy E. Moore, Chairman
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