PLANNING BOARD MINUTES
April 07, 2010
Call to Order: 6:30 p.m.
ROLL CALL: Present were: Timothy E. Moore, Chairman; Larry Gil (arrived 6:36 p.m.); Charlie Lanza; Robert Gray, Selectmen Ex-Officio and Steve Ranlett, Alternate (arrived 6:33 p.m.). Peter Bealo, Vice Chairman, was excused.
Also present were Leigh Komornick, Planner and P. Michael Dorman, Chief Building Official.
Minutes of March 17, 2010
R. Gray moved, second by C. Lanza, to approve the minutes of the March 17, 2010 meeting.
R. Gray noted that he wanted to make a clarification to the minutes from the last meeting with reference to the letter of support that was requested for the elderly housing project on Chandler Ave. He explained that the reason he was asking that legal counsel be consulted on the matter was he wanted to make sure that the project would not be contrary or in violation of current zoning ordinances.
S. Ranlett arrived at 6:33 p.m.
R. Gray added what was of particular concern to him was finding out if there was a problem with the fact that the elderly housing ordinance was repealed and how any proposed changes to the existing site plan, even with less units and a smaller footprint, could be considered.
L. Gil arrived at 6:36 p.m.
T. Moore appointed S. Ranlett as a voting member for P. Bealo
There was no further discussion on the motion to approve the minutes as written, noting R. Gray’s clarification. The vote was 3-0-2 (Gil and Ranlett abstained).
Discussion with David Spero Regarding Request for a Martial Arts Studio at the Westville Business Park at 31 Westville Road
David Spero was present for the discussion. He explained that he was currently an Atkinson resident and had previously lived in Plaistow. He added that he has been in the area for fifteen (15) years.
T. Moore noted that the reason Mr. Spero was here was because he wanted to open a martial arts studio at 31 Westville Road. He said that it was not a permitted use on the approved site plan or a permitted use in the Industrial District; therefore he would need to be sent to the Zoning Board of Adjustment (ZBA).
L. Gil asked if there would be any changes made to the unit.
D. Spero said that the building footprint was ideal and there would be no changes made.
L. Gil inquired what kind of parking he would need.
D. Spero said there were a lot of parking spaces available and parents would usually drop off their kids and leave. He said they could also make use of the Park and Ride up the street.
L. Gil asked how many spaces were assigned to the unit.
D. Spero said that there was nothing in the paperwork that specifically said a particular number of spaces.
S. Ranlett asked what the hours of operation would be.
D. Spero replied that his hours are 5:00 p.m. to 9:00 p.m., which are different than most of the contractor businesses who were also there.
L. Komornick offered to check with a parking handbook to see if there were specific requirements for this use.
S. Ranlett said that this situation would be similar to the one at 207 Main Street except for the fact that this is located in an industrial district.
S. Ranlett moved, second by L. Gil, to send Mr. Spero to the ZBA to try and get a use variance to permit a martial arts studio at 31 Westville Road in an industrial district.
R. Gray asked if there was a plan or if the board was just being asked to deny the concept.
T. Moore said that it was more like making an administrative decision to send them to the ZBA based on that fact that the use is not permitted.
There was no further discussion on the motion. The vote was 5-0-0 U/A.
Discussion with Fran Shallow Regarding Request to Open a Seasonal Ice Cream Stand at 240 Main Street
T. Moore explained that this would be a similar situation to the previous one where the use is not permitted in the district.
L. Komornick said that she spoke with Ms. Shallow this day and there was no plan as yet. She noted that Ms. Shallow would be taking a chance in applying to the ZBA for a use variance without a plan being looked at as there could be other items that might need relied.
R. Gray offered that it would be his suggestion that Ms. Shallow bring in a plan to be reviewed before going to the ZBA.
T. Moore agreed that some kind of plan should be looked at. He suggested that the Board deny sending Ms. Shallow to the ZBA at this time to see if other relief is needed.
S. Ranlett moved, second by R. Gray, to not allow an ice cream stand to be considered at 240 Main Street as it is not a permitted use in the District and to suggest that a plan be reviewed to see if other relief is needed before making a ZBA application. There was no discussion on the motion. The vote was 5-0-0 U/A.
Continuation of a Public Hearing on a subdivision of Tax Map 30, Lot 55 which totals 118,963 square feet to become two lots, one totaling 54,914 square feet with 173 feet of frontage on Walton Road and the other totaling 64,049 square feet with 4.72 feet of frontage on Plaistow Road (Route 125). The owner of record is PPW Realty Trust
Continuation of a Public Hearing on a site plan review application for additional septic on a newly subdivided parcel located at 166 Plaistow Road (Route 125) including an existing office building totaling 16,920 square feet. In addition, the site plan includes additional parking to be located on another newly subdivided parcel totaling 54,914 square feet with 173 feet of frontage on Walton Road. The sites and building are located in the CIK District. The owner of record is PPW Realty Trust
T. Moore explained that both these applications will be continued to April 21, 2010 at the request of the applicant.
Request for Bond Reduction by Henry Torromeo for the Little River Village Subdivision off Main Street
T. Moore read a letter from Henry Torromeo requesting that the bond being held for the project known as Little River Village be reduced to 10%.
There was discussion of how the 10% amount was calculated. It was noted that the amount of $47,498.00, as requested in the letter, is 10% of the original bond amount.
S. Ranlett moved, second by C. Lanza, to reduce the amount of the bond being held for Little River Village to $47,498.00. There was no further discussion on the motion and the vote was 5-0-0 U/A.
Letter of Support to New Hampshire Housing Finance Authority
T. Moore noted there would be no action taken towards writing a letter of support based upon this meeting’s discussion.
L. Komornick explained that she had been approached by the current property owners and Steve Lewis (potential buyer) to request that they be allowed to speak directly to Planning Board counsel, at their own expense, to see if there would be any violations of the Town’s Zoning Ordinances.
C. Lanza asked if it would be appropriate for the Board’s attorney to be involved in such discussions.
L. Komornick offered that she suggested to Mr. Lewis that he consult with his own attorney. She added that allowing them to speak with Craig Donais would eliminate the need for peer re-review at a later time.
S. Ranlett added that C. Donais would still be representing the Planning Board’s interests.
L. Komornick noted that with S. Lewis asking for this letter of support and the Board having concerns about writing it and seeking legal advice, this could possibly accomplish both at the same time and at another’s expense. She added that allowing them to meet in no way would obligate the Board to writing a letter of support but would alert them if there were going to be any problems with revising the site plan, which was approved by the Board on October 1, 2009.
L. Gil suggested it would be the same letter, just with legal advice and on a different timeline.
T. Moore asked for the Board’s consensus on allowing the meeting between the property owners of the Chandler Place project and Steve Lewis to meet with Planning Board counsel Craig Donais. All members present agreed.
L. Gil offered that his only concern for writing the letter was getting legal advice and this would accomplish that.
Email Notification by Dan Brown Regarding their Desire to Continue Poker at Sawyer’s
T. Moore read an email from Dan Brown, requesting a four (4) month extension of their original permission to operate a charitable gaming operation at Sawyer’s Banquet Facility (180 Plaistow Road).
L. Gil said they were basically looking to “double down.”
L. Komornick explained that this was prompted by Mr. Brown’s call to the Department of Building Safety to request a new temporary sign permit. At that time Mr. Brown was reminded that his approval through the Planning Board was temporary.
R. Gray noted that there had been issues with signage and lights at the Sawyer’s facility related to the gaming. He suggested that unless they were “completely clean” that they not be allowed to extend their approval.
M. Dorman reminded, just as any other business renting space, they would be allowed to obtain a permit for a temporary sign.
There was discussion of the temporary sign. It was noted that lights on the railing that spelled out “poker” and oversized temporary signs would not be allowed. No permits for temporary signs will be issued unless the gaming operation is in complete compliance.
C. Lanza suggested the Police and Fire Departments be checked with to make sure that there haven’t been any issued related to this operation.
S. Ranlett moved, second by R. Gray, to extend the approval to Dan Brown to operate a charitable gaming operation at 180 Plaistow Road with the following conditions:
- Police and Fire Departments report no incidents
- Must comply with all ordinances
There was no further discussion on the motion. The vote was 5-0-0 U/A.
Other Business – RPC (Rockingham Planning Commission) Request for Commissioner Appointment
It was noted that this was previously done. It was suggested that there was a cross in the correspondence and L. Komornick said that she would double check to make sure that it was now resolved.
Other Business - Letter to Ron Brown Regarding Status of his Subdivision
T. Moore read a letter that was sent to Ron Brown regarding the status of his site plan approval (of the 16-lot subdivision) on Gunstock Road off of Sweet Hill Road. The letter advised of a deadline to complete the vesting of the project and cautioned of potential revocation should the deadline be missed.
L. Komornick asked if the letter was now public record, noting that she had received requests for copies.
It was noted that it was now public record. It was suggested that the letter be sent to Mr. Brown via certified mail to insure its receipt.
Other Business – Master Plan Update
L. Komornick explained that she had spoken with Town Manager, Sean Fitzgerald, who recommended that she contact Roger Hawk to discuss possible assistance in updating the Master Plan. She said that she had spoken with Mr. Hawk who agreed to take a look at the Master Plan on line and then make suggestions on how to proceed. L. Komornick added that she wasn’t yet sure how Mr. Hawk’s assistance would be paid for.
Other Business – 207 Main Street
S. Ranlett, noting a number of correspondences from the Department of Building Safety, asked if the property owners/tenants were just ignoring the requests for compliance.
M. Dorman noted that he had been discussing the violations with the owner’s attorney.
There were a number of informational correspondences in the members’ packets.
There were no additional matters before the Board and the meeting was adjourned at 7:10 p.m.
Respectfully Submitted as recorded by Dee Voss.
Approved by the Planning Board on _________________________
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Timothy E. Moore, Chairman
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