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PB Minutes 8/17/11



PLANNING BOARD MINUTES
August 17, 2011

Call to Order:  6:36 P.M.

Item One:

ROLL CALL:  Present – Chairman; Tim Moore, Selectman Ex- Officio; Robert Gray, Charles Lanza and Vice Chairman; Steve Ranlett.  Excused was Joyce Ingerson.

Also present was Town Planner; Leigh Komornick and Chief Building Official and Alternate; Mike Dorman.

Item Two:

Minutes of July 20, 2011  

 R. Gray motioned to approve the minutes of July 20, 2011, second by C. Lanza.

There was no further discussion on the motion and the vote was 3-0-1; S. Ranlett abstained.

Greenfield Estate

L. Komornick informed the Board that although Greenfield Estate’s Attorney had been looking into an appeal for the conditional approval, she spoke with the Attorney today and they will not be going forward with the appeal.

Item Three:

Request for Hot Dog Stand at 93 Plaistow Road

The applicant called earlier in the day to request a postponement until the next meeting.

The Board discussed the proposed location of the Hot Dog Stand and decided that it would be helpful if the applicant gave the Board a sketch ahead of time so they can drive by before the hearing and see what he is planning.

Item Four:

Bond release request by Rite Aid

T. Moore stated that all of the work is completed and Rite Aid is looking to get the remainder of the bond released.

L. Komornick stated that she was not sure of the total amount of the bond but noted that it will be for the whole amount.  She added that it was for a letter of credit not cash; they just need to write a letter to the bank.

M. Dorman confirmed that all the work, paving and stripping included, was definitely completed.

R. Gray motioned to release the bond for Rite Aid that is in the form of a Letter of Credit back to the bank for the remaining balance, second by S. Ranlett.

There was no further discussion on the motion and the vote was 4-0-0 U/A.

Item Five:

Lot Merger Form for Snow’s Brook – Hillcrest Estates

L. Komornick explained that it is a typical lot merger; they are finally getting all the lots associated with Snow’s Brook Elderly Housing as there were a lot of lots they were consolidating.  They are doing a voluntary lot merger form.

C. Lanza asked if it was submitted as two separate applications or one application.

L. Komornick replied that it was one application.  She added that it was a site plan but they acquired lots and added them; there was a gap between when they can in with the site plan and when they came back and the elderly housing was approved.  She said that when Marybeth (Assessing Office) received the site plan she noted on the site plan that there were parcels that needed to be merged.

T. Moore explained that that owner owns all the lots; Map 58 Lot 4, Map 58 Lot 6 and Map 65 Lot 22B.  It is a voluntary lot merger and it requires Planning Board (PB) approval.

S. Ranlett motioned to approve the form of the lot mergers for Snow’s Brook, second by C. Lanza.

R. Gray stated that they might want to write it into the ordinances that if they approve it at the site plan time that it does not need to come back to the PB because they are already on record as approving it.

L. Komornick explained the purpose of the form, noting that the Board cannot deny the voluntary lot merger, but that it is so their attorney will verify that there are no leans on any of the lots being merged.  She gave an example for J. Davey’s lot merger to explain why the form is important.

The Board discussed the issue further and if they can merge lots before the site plan is approved.  It was decided that if a plan involves merges that part of the check list is that they have this merger form filled out.

C. Lanza asked if L. Komornick records them so she can ensure through the whole process that it is done correctly.

L. Komornick answered yes, adding that she then she gives a copy to Marybeth in the Assessing Office.

The Board discussed J. Davey’s lot merger further and L. Komornick noted that the PB’s Attorney told them that they did not do anything wrong in that case and they should stay out of it.

There was no further discussion on the motion and the vote was 4-0-0 U/A.

Item Six:

Other Business/Updates: Misc. Notices, letters, and other Correspondence from Dept. of Building Safety, Planning Department and ZBA

Quonset Huts

M. Dorman explained that a few meetings back the PB discussed the need for permits and setbacks for the Quonset Huts.  He stated that the PB at that time re-affirmed his position that they are structures and are required to meet the setbacks.  He said there has been a lot of discussion on this issue and he will be going before the Board of Selectmen (BOS) on Monday night to discuss it; he does not know what will happen.

R. Gray asked if he was going before the BOS to re-affirm his position before the Board.

M. Dorman replied that it will get more involved than that; there are people who think they are not structures and do not need to meet setbacks.  He said that perhaps, based on the meeting he had with S. Fitzgerald (Town Manager) and Attorney Kalman, if they go before the BOS they may decide not to prosecute.  M. Dorman said he did a survey of surrounding communities and out of eight responses six communities do what Plaistow does and one of the other communities allows the huts for 90 days and after that they require a permit.

S. Ranlett asked if a lot of people have come in for permits.

M. Dorman said no, only about six for larger huts.

S. Ranlett asked if the BOS deny it will he refund those fees.

M. Dorman answered yes, if they go that route.  He added that he is not sure of the BOS position on the issue at this time.

S. Ranlett asked what the next step would be if it is over ruled.

M. Dorman explained that the BOS would not over rule but they could choose not to prosecute. Then the next step would be a formal letter of violation that would start the court process.

The Board discussed the issue further.  It was decided that the PB has already stated its position on this issue.

Crane Crossing Telephone Pole

R. Gray asked M. Dorman if he made a call regarding a telephone pole at Crane Crossing.

M. Dorman replied yes, he has received a phone number from Danny (Daniel Garlington, Highway Department Supervisor) and will contact them.

R. Gray explained to the Board that a telephone pole fell down during the ice storm and was replaced by Unitel. The old pole was dumped into wetlands across the street.

Rockinghan Planning Commission

The Board received a letter from the RPC regarding their Block Grant

Kidder Concrete

There was an FYI for the Board about a notice of complaint for Kidder Concrete.

Pentucket Companies

Pentucket Companies received their variances from the ZBA and will be coming back before the PB with a site plan.

Firestone

The Board received CLD’s Field Report regarding how Firestone is progressing.
Camp Wesley

The Board received a letter from Cindy Stein and Jennifer Lee, owners of Camp Wesley, 118 Sweet Hill Road.  T. Moore read the letter to the Board which stated their current status regarding their project.

Plan NH Update

T. Moore stated that he had a few things to follow-up on with S. Fitzgerald.  

L. Komornick asked R. Gray about the funding.

R. Gray responded that he would like L. Komornick to follow-up on the funding.  He added that the PB does not have the funds in its budget to pay for it.   The Town needs to come up with that money and before S. Fitzgerald takes his leave-of-absence R. Gray would like to make sure they know what account the money is coming from and the dates it will occur.

L. Komornick noted for the Board that S. Fitzgerald will take a leave-of-absence starting September 6, 2011 and that they will have an Interim Town Manager when the Plan NH Charrette will happen.

L. Komornick said that they should contact Plan NH and have them contact L. Komornick as S. Fitzgerald will be away.

C. Lanza looked up the dates on the plan NH web site and informed the Board that they have the Town down for October 21st and 22nd.  

L. Komornick said she would contact them to confirm those dates and let the Board know via e-mail so they can block off those days.

Tractor Supply

It was noted for the Board that Tractor Supply will be moving forward with a site plan in October.  

Other Business

The board discussed the Tanger/Demoulas talks.

Wal-Mart

R. Gray noted that Wal-Mart continues to put out permanent structures for their swings and barbeques in front of the fire lane.  He asked if they can put merchandise in front of their building to sell without coming in to ask the Board.

L. Komornick stated that it might already be in the plan; she will look to make sure it is.

R. Gray said his only issue is that the merchandise is in front of the fire lane.

Beede Meeting

There is a meeting at Town Hall on Tuesday (August 23, 2011) at 10:00am.  Invited to the meeting was Town Officials, Representatives of the Beede Group, EPA, DES, DOT, State Representatives, State Senator and Representatives of the US Congressional Congregation.  

T. Moore explained that the purpose of the meeting is to make the final and formal presentation to the EPA showing that a bridge can be designed that would be entirely out of the wetlands with no impact on local, state or federal wetlands or floodplains; which was the primary reason for rejecting the option to come out onto Old County Road.  He added that the current plans show an access road out onto Main Street near Danville Road which is an option they (The Town) are not in favor of.  They will make this presentation at the meeting and request that they reverse their decision and require the bridge be constructed to access out onto Old County Road.

The Board discussed the timeline for the clean-up project.  It was noted that it is a public meeting for anyone who would like to attend.

Item Seven:

Master Plan Update Workshop

The purpose of this workshop was to review the revised chapters of the Master Plan and make any suggestions or corrections as necessary.

The Board reviewed and discussed the revised drafts for the following chapters:

  • Introduction
  • Vision Statement
  • Goals & Objectives
  • Community Facilities
The Board discussed adding an Action Chapter to the Master Plan that would include the following:

  • What the Town’s goals are
  • Who is responsible for completing each goal
  • The date the goal should be completed
L. Komornick will work on a draft Action Chapter.

The Board discussed the next steps in updating the Master Plan as follows:

  • Finalize the chapters reviewed tonight
  • Have CIP approved by the PB in September
  • Hold a Public Hearing in October for the work accomplished up to that point on the Master Plan
  • Start revising some of the other chapters; Population, Land Use, Natural resources and Transportation
  • Have the next round of updates to be ready for around March
  • Work on the new chapters, Economic Development and Energy
  • Compile a list of Elected Town Officials for the History Chapter
Item Eight:

There was no other business before the Planning Board; the meeting was adjourned at 8:25 P.M.

Respectfully submitted as recorded by Laurie Pagnottaro.


Approved by the Planning Board on ______________________________________

_______________________________________  
Timothy E. Moore, Chairman