Minutes of March 19, 2003
ROLL CALL:
Ross McLeod, Chairman – Present Wayne Morris, Vice Chairman – Present
Lee Maloney, Secretary – Present Roger Hohenberger, Selectmen Member – Present
Walter Kolodziej, Regular Member – Present Nancy Prendergast, Regular Member – Present
Pam Skinner, Regular Member – Present Roy Dennehy, Alternate – Present
Alan Carpenter, Selectmen Alternate – Excused
Mr. McLeod opened the meeting at 7:30 pm.
Joan Tuck, Town Clerk, swore in new members Nancy Prendergast and Pam Skinner.
Ms. Maloney nominated Ross McLeod as Chairman. Mr. Morris seconded. Passed 6-0-1. Mr. McLeod abstained. Mr. Hohenberger nominated Mr. Morris as Vice Chairman. Mr. Kolodziej seconded. Passed 6-0-1. Mr. Morris abstained. Ms. Prendergast nominated Ms. Maloney as secretary. Mr. Hohenberger seconded. 5-0-2. Ms. Maloney and Mr. Morris abstained.
MINUTES:
Ms. Prendergast motioned to approve the March 12 minutes as amended. Mr. Morris seconded. Passed 7-0.
OLD BUSINESS:
The Board discussed the letter to the ZBA regarding the WWPD.
NEW BUSINESS:
The Board discussed the Selectmen economic development workshop, continuing meetings with DOT, Mr. Morris to be the liaison to the Selectmen regarding the DOT, Conservation Commission land purchase, Source Watershed Protection workshop, April 1 at 7:00 pm bike feasibility study meeting with DOT at Town Hall, annual Spring Zoning Conference, and congratulations to Mr. McLeod for his winter mountain climbing.
CORRESPONDENCE:
Letter from Herbert Associates requesting Christy Road public discussion not be heard tonight.
Letter from Denis Tremblay regarding a site walk;
Letters from 1) Mr. Turner and 2) David Sullivan regarding building permits on Turtle Rock Road. Mr. Morris motioned to support the staff recommendation to the Selectmen. Ms. Prendergast seconded. Passed 6-0-1. Mr. Hohenberger abstained.;
Letters from Attorney Simmons and Attorney Gould offering their services;
Technical advisory bulletin from RPC;
Letter from RPC regarding transportation issues;
Letter from the Mangans and Samels requesting support of HB748;
Letter from the Mangans and Samels regarding HB420.
Windham Meadows (19-A-801) – Public Hearing Continued
Mammoth Road and Pleasant Street
Formerly listed as Whispering Winds Phase II. Ms. Prendergast motioned to continue the public hearing. Mr. Hohenberger seconded. Passed 7-0. Mr. Warren reviewed the application to date, required actions, subdivision of the lot, revised plans, access, road layout, emergency vehicle connection to Pleasant Street, electronic gate, buildings, units, floor plan, water, fire hydrants, clubhouse, landscaping, community mailbox, parking, drainage swales, age 62 and over, separate association, affordability provisions apply, and staff recommendations. Discussion ensued regarding the flood plain district. Mr. McLeod read a letters from 1)William and Phyllis Irvin; and 2) Tom McPherson, fire inspector. Discussion ensued regarding building separation, 20’ connection, electronically-controlled gate, and pedestrian access. Mr. Peter Zohdi, Herbert Associates, discussed accesses, island landscaping, and clubhouse. Discussion ensued regarding islands, landscaping, irrigation on middle islands, access, and moving buildings. Attorney Seth Emmer discussed an agreement regarding the emergency access. Discussion continued regarding pedestrian access, snow removal, agreement, right-of-way location, trails, road width, sidewalk, drainage, and master plan of area. Attorney Bill Mason discussed the rights-of-way, and accesses. Discussion ensued regarding single parcel, and zoning regulations. Attorney Mason discussed affordability index, transportation, homemaker services, landscaping, and elderly housing regulations. Discussion ensued regarding number of units, sidewalks, asphalt alternatives, sidewalks on both sides of the street, smooth surface, 4’ sidewalk, traffic study, traffic counts including next phase, and Attorney Campbell’s zoning opinion. Attorney Emmer asked the Board’s opinion regarding the road and emergency access.
Mr. Hohenberger motioned to continue to April 2 with revised layout to discuss buildings, sidewalks, updated traffic report, staff recommendations #2 and #3, and landscaping plan. Ms. Skinner seconded. Passed 6-0.
Mesiti Subdivision – 8 lots (7-A-694) – Public Hearing
Off Jenny’s Road
Ms. Maloney left the Board. Mr. Warren explained the subdivision including location, rural zoning, extending Jenny’s Hill Road, acreage, no disturbance in the WWPD, keeping current cul-de-sac, road widths, sidewalks, granite curbing, 50’ right-of-way, trail easement, waiver, sufficient information and ready for public hearing. Mr. Kolodziej motioned to accept for public hearing. Mr. Hohenberger seconded. Passed 7-0. Mr. Warren discussed the staff recommendations.
Mr. Zohdi stated he agreed with the staff recommendations. Mr. McLeod read the department comments. Discussion ensued regarding off-site improvements, and pavement paint.
Mr. Kolodziej motioned for a brief recess. Mr. Hohenberger seconded. 4-0-2. Ms. Prendergast and Mr. McLeod abstained.
Discussion continued regarding the cul-de-sac and color, landscaped island, slopes, paper easement, and stub location. Mr. McLeod read a letter from Sam and Jean Nassar. Discussion continued regarding crossing open space, steel-backed wooden guardrail, road through open space, trails, pump house, gate at the trail, condition of trail, WWPD, roundabout stamping, and silt fence details. No public comment.
Mr. Hohenberger motioned to approve with the following conditions: 1) Correct Plan note on Sheets 1 through 9, to correctly refer to NFPA 1142; 2) Utility easements, as proposed, be depicted on the recordable plan; 3) Steel-backed wooden guardrails should be added along the outside edge of the cul-de-sac, from the vicinity of the drainage easement around to the east and south; 4) No Certificates of Occupancy shall be issued for any lots prior to the completion of the “connector road” from Jenny’s Hill Road to Hancock Road; 5) 2:1 slopes with staff approval at the end of proposed cul-de-sac; 6) 4’ wide trail improvements (grading and gravel) to WWPD edge as depicted on the plan; 7) 6” loam on island. Landscaping plan to be included in the plan set; 8) Correct silt fence errors on detail plan; 9) Bounds to be set or bonded; 10) Road built or bonded; and 11) Work with staff to change area on the turnabout to stamped and stained pavement without yellow stripping. Mr. Morris seconded. Passed 6-0.
Mr. Kolodziej motioned to grant the waiver to allow 4% intersection grade at proposed future intersection. Mr. Morris seconded. Passed 6-0.
Discussion ensued with Attorney Mason regarding the road through the open space.
Mr. Hohenberger motioned to waive the bylaws to hear new business after 10:30 pm. Ms. Prendergast. Passed 5-0-1. Mr. Morris abstained.
Kiddie Academy Architectural Changes (9-A-600) – Public Hearing
156 Haverhill Road
Mr. Turner explained the reason for the public hearing. Mr. Gary Stevens explained the architectural changes to the on the front of the building, and the fire department request for second egress. Discussion ensued regarding colors, hiding doors, columns, and fire department comments. No public comment. Mr. Kolodziej motioned to approve air lock entry way as shown. Ms. Skinner seconded. Passed 5-1. Mr. Morris opposed.
Mr. Morris motioned to approve side doors and back doors as shown. Also request a letter from the fire department for our records stating the need for additional doors. Mr. Hohenberger seconded. Passed 6-0.
Discussion ensued regarding the front doors, and locked doors. Mr. Kolodziej motioned to blend doors with the front of building to make them disappear. Ms. Skinner seconded. Passed 4-2. Mr. Morris and Mr. McLeod opposed.
Dunkin Donuts Sign Permit (17-G-1) – Public Hearing
98 Indian Rock Road
Mr. Turner explained the sign change to include Baskin Robbins. The Board reviewed photos. Mr. Hohenberger motioned to accept for public hearing. Ms. Prendergast seconded. Passed 6-0. Discussion ensued regarding regulations, changes, size, colors, and lighting. Mr. Mike Plant explained a new business requires the new sign. Discussion ensued regarding the dented sign, wattage, reverse lighting, tenant signs, parking calculations, turning off lighting, All Cell sign, and size.
Mr. Kolodziej motioned to accept Dunkin Donuts design changes with the following conditions: 1) fix drawing to reflect actual tenants; and 2) sign lights switched off when businesses are closed. Mr. Hohenberger seconded. Passed 6-0.
Ms. Prendergast made a motion to adjourn. Seconded by Mr. Hohenberger. Passed 6-0. Meeting adjourned 11:40 pm.
These minutes are in draft form and have not been submitted for approval.
Respectfully submitted, Nancy Charland
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