PLANNING BOARD MINUTES
May 02, 2012
Call to Order: 6:30 P.M.
Item One:
ROLL CALL: Present was Chairman; Steve Ranlett, Selectman Ex- Officio; Robert Gray and Gennifer Silva. Excused were Vice Chairman; Charles Lanza, and Tim Moore.
Also present was Alternate; Joyce Ingerson, Town Planner; Leigh Komornick, Chief Building Official; Mike Dorman and Recording Secretary; Laurie Pagnottaro.
S. Ranlett appointed J. Ingerson a voting member for the meeting.
Item Two:
Minutes of April 18, 2012
R. Gray motioned to approve the minutes of April 18, 2012, second by G. Silva.
There was no discussion on the motion and the vote was 3-0-1; J. Ingerson abstained
Item Three:
Letter of Request by George Chandler RE: Occupancy of a 16,000 square foot unit at Great Elm Plaza for a “Social Amusement Center” for individuals 21 years and older.
Present for the discussion was George Chandler.
S. Ranlett stated that he could present tonight but explained that the Board would not take action tonight pending House Bill 1260 that is currently going through the Senate. If the Bill is passed and signed by the Governor then it would make this type of business illegal in the state of NH.
G. Chandler asked how long it would be before they know the outcome of the Bill.
S. Ranlett replied that it has been passed onto the Senate and has been tabled pending re-wording. He thinks they will bring it back up next week. He stated again that the applicant can make his presentation today and then they will table it until next month.
There was more discussion on this issue. It was decided that the application would be put on the agenda for next month and if it is not decided on by then the Board will need to take action by then; the applicant will not be stalled by the Board.
R. Gray advised the applicant that if he does proceed, at his own risk, with the proposed use before a decision on the Bill has been made and it comes back as illegal in NH he would be shut down.
G. Chandler explained to the Board what his center would entail noting the following:
- He would open a retail space
- He will sell electronic cigarettes and phone cards
- It will have computerized games to promote the phone cards and cigarettes
- The computerized games are used to get the people in the door
- The games are free to play
- Sales people will promote the phone cards
- A phone card will cost $5.00 for 166 minutes and also give customer entry to the games; which are free
- No minutes come off the phone card when the games are played; win or lose the customer leaves with a product; the phone card with all the minutes purchased
- The phone cards have a 1-800 number, a pin number and all the minutes purchased
- Customers can enter the sweepstakes without playing the games; the cards are swiped after purchase and will indicate if it is a winner
- There is no money put into the games/machines and no money coming out
- There is no smoking in the building
- Customers can purchase the electronic cigarettes to try if the wish to smoke while playing the games
- Typical clientele is older people who just want to hang out
S. Ranlett asked what customers would win.
G. Chandler answered cash prizes or regular prizes; they have gift cards there too.
S. Ranlett asked if this was a form of gambling.
G. Chandler said no. He asked if it was gambling to play the Clearance House, or McDonalds (sweepstakes). He stated that when you walk in the door you will get 100 free minutes.
J. Ingerson asked if the cards can be used all over the world.
G. Chandler said yes, all over the world; they are long distance phone cards.
J. Ingerson asked who will offer the raffles and prize giveaways.
G. Chandler replied by us.
S. Ranlett asked how you win cash.
G. Chandler answered the game will tell you what you’ve won. He explained that it is computer software; eight line games such as Peal a Banana and Lucky Seven.
S. Ranlett asked if people can win cash is it a form of gambling.
G. Chandler answered no because you are not putting money into the game. He explained that people buy phone time minutes and win or lose you still have the phone time; it has nothing to do with the phone minutes. People can play the games for free and win money; no purchase necessary. It is an attraction to get customers in the store.
R. Gray asked what will happen to the card with the 100 free minutes people receive when they walk in the door.
G. Chandler explained that the 100 free minutes gives the customer 100 free entries to play but the customer cannot leave with the card because they did not purchase the card. You can only get 100 free minutes a day, if you wish to continue to play you must purchase a phone card and they will give you more free time to play. The phone cards are swiped in the machines to be turned on.
J. Ingerson asked if the other places; Lucky 7, Gloucester; Biggs Internet Café, Nashua and Hot Spot, Hudson are still in Business.
G. Chandler replied yes, as well as a few in Massachusetts.
L. Komornick stated that according to the Tribune article (May 2, 2012) it has been banned in Massachusetts.
G. Chandler explained that people where selling internet time and not a product, when customers left they left with nothing; whatever money they put into the machine to play they lost it. The businesses that are selling the product and not paying to play the machine are still in business like the one in Seabrook; which uses the same software.
There was more discussion on this issue.
L. Komornick noted that she had just found out about the Bill yesterday and suggested it would be good for the Board to get more information.
G. Chandler left some information for the Board to review.
S. Ranlett suggested that the Board check with their attorney before they meet again next month.
R. Gray asked who regulates who wins, internet based software or management.
G. Chandler replied that everything is predetermined.
L. Komornick added that there are no regulations and that is why they want to shut it down; nobody is regulating it.
J. Ingerson stated that she would like to visit some of the other places.
There was more discussion on the lack of regulations in this type of business. It was decided that the Board would get more information on this type of business. The hearing was continued until the May 16, 2012 meeting.
Tim Barry, Property Manager of Great Elm Plaza, was present for the hearing.
T. Barry asked if the state decided next week it is legal, do they need to come back and why.
S. Ranlett answered yes; they need to come back because it is a change of use. They need to discuss things like parking, paving and such.
T. Barry noted that the site is not 16,000 square feet as listed on the application but only 1,575 square feet. He also noted that the Tribune article said “Adult” and it has nothing to do with anything pornographic, it is just for over 21. He wanted to clear up any misgivings that term may cause.
G. Chandler noted that the extra minutes accumulated on the cards he plans to send over to the military for the soldiers to make calls home.
S. Ranlett stated that all these things can be discussed when they know if the use can legally be there.
Item Four:
Letter of Request by Jordan Shallow to lease 2 service bays at 7 Rose Avenue for repair of vehicles for his auto dealership, including state inspection license.
Present for the discussion was Jordan Shallow, JTS Auto & Trucking LLC.
S. Ranlett read a letter to the Board from Jordan Shallow, owner of JTS Auto & Trucking LLC. The letter noted the following:
- They will be relocating the auto dealership from 87 Plaistow Road back into 134 Plaistow Road as the Route 125 construction is complete in that section
- They will close down 87 Plaistow Road as soon as all State and local approvals are complete
- They would like to lease a garage located at 7 Rose Ave
- The locations prior use has always been auto & truck repair shop
- They will use the site for service work only
- No paintwork will ever be done at the site
- They will need to apply to the State for a State Inspection License to state inspect all their inventory
- There will be no outside display of any vehicles
- Minimal customer parking is needed
L. Komornick passed out pictures of the bays to the Board.
J. Shallow explained that they are moving back because the Route 125 construction is finished in that area.
S. Ranlett asked M. Dorman if there were any issues (with the site).
M. Dorman replied he had not been out there. If approved he will be visiting both sites.
S. Ranlett asked if they could have the dealership and repair at two separate locations.
M. Dorman replied that it will be up to the State to decide that.
J. Shallow stated that they have no issues with the State.
L. Komornick noted that J. Shallow came in tonight because this is on the cusp of a change of use. It was a repair use before the landscaping company was there. She said they had a conversation and she explained that if the abutters cannot tell it is anything different.
J. Shallow added there will be no sign out front and he will have no retail there. It is just a garage; they will drive the cars there fix them and drive them back.
S. Ranlett asked if they will keep junk vehicles there for parts.
J. shallow replied no, he will not park any of his cars there. Maybe a car or two if someone comes in for a sticker.
S. Ranlett suggested they put restrictions on the Certificate of Occupancy.
J. Ingerson asked if anything else would be stored on the property; she sees ski mobiles in the pictures.
J. Shallow answered no; the ski mobiles belong to the landscapers and they are moving that stuff out of there.
The Board discussed the wording for the restrictions on the Certificate of Occupancy; No over-night parking or no stockpiling of junk cars.
R. Gray motioned to grant the lease of the two storage bays at 7 Rose Ave. with the condition that they add a note to the Certificate of Occupancy for no display and no stock piling of any kind on the property and pending any state approval needed, second by J. Ingerson.
There was no discussion on the motion and the vote was 4-0-0 U/A.
Geoff Adams, alternate, arrived at 7:10 pm.
S. Ranlett appointed G. Adams as a voting member for the remainder of the meeting.
Item Five:
Letter of Request by Mark Fowler RE: Occupancy of a unit at 1 Red Oak Drive, Unit H on Newton Road by M.E.F. Controls and Electrical Services, Inc.
L. Komornick noted that this is an FYI for the Board. She added that this fits the bill for the type of use that should be in this site.
S. Ranlett read a letter to the Board from M. Fowler, MEF Controls and Electrical Services. The letter stated that he is requesting approval of occupancy to locate the business at 1 Red Oak Dr. Unit H. It will be used for office and warehouse space for business related activities.
S. Ranlett stated no outside parking.
Item Six:
Letter of Request by Marc A. Canzano RE: Occupancy of unit #4 at 207 Main Street.
Present for the discussion was Marc A. Canzano, Owner of Brakes Only.
S. Ranlett read the letter of request to the Board from M. Canzano. The letter noted the following:
- He is requesting a change of use.
- It is currently a disposal and trash removal business
- He is proposing to install an automotive brake service business
- They will service brakes only
- Customers will be primarily by appointment only
- Hours of operation will be 8:00am to 5:00pm Monday through Friday and 9:00am to 3:00pm on Saturdays.
- The only major addition will be a medium duty auto lift
- They propose to renovate the front office into a waiting area
- There will be no hazardous waste
S. Ranlett stated no hazardous waste, no outside storage and no overnight parking. He added that it will be an improvement to what is there now.
J. Ingerson asked where he will dispose of the excess fluids.
M. Canzano answered that Safety Clean will come pick them up and dispose of them.
R. Gray asked if there was enough parking there for employees and customers.
M. Dorman answered yes.
S. Ranlett noted this is just an FYI for the Board. M. Canzano can see M. Dorman tomorrow for the next step.
Item Seven:
Other Business/Updates: Misc. Notices, letters, and other Correspondence from Dept. of Building Safety, Planning Department and ZBA; Status of Projects
S. Ranlett noted that C. Lanza is not here tonight as he just got married and is on his honeymoon.
Plaistow Dental
FYI: Grand opening on May 3rd at 6:00pm.
Tractor Supply
It was noted that Tractor Supply is moving along very well.
Item Eight:
Adjournment
There was no further business before the Planning Board and the meeting was adjourned at 7:20pm.
Respectfully submitted as recorded by Laurie Pagnottaro.
Approved by the Planning Board on ______________________________________
_______________________________________
Steve Ranlett, Chairman
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