Windham New Hampshire
PLANNING BOARD MINUTES
FEBRUARY 17, 1999
ROLL CALL:
David Dubay-Chairman-Present
Bernie Rouillard-Vice Chairman-Present
Jack Gattinella-Secretary-Present
Wayne Morris-Regular Member-Excused
Russell Wilder-Regular Member-Present
Annette Stoller-Regular Member-Excused
Walter Kolodziej- Alternate-Present
Keith Goldstein-Alternate-Excused
Margaret Crisler-Selectman-Present
Galen Stearns-Selectmen's Alternate-Present
CORRESPONDENCE:
The Board received the following communications:
- Minutes of the Salem-Plaistow TAC Committee from Friday, December 4, 1998;
- Flyer from the citizens for NH Land and Community Heritage;
- Memorandum from Mr. Turner regarding the open space residential overlay district subdivisions;
- Copy of a letter from Mr. Turner to the Villages of Windham management;
- US Department of Transportation offering of a free pocket guide with telephone contacts and a journal of statistics. Mr. Turner will order.
Merger between lots 21-V-6 and 21-V-8 located at 2 Ash Street and 4 Gaumont Road. Mr. Turner reported he has reviewed this item with the assessor and the paperwork is in order. Motion by Mrs. Crisler and seconded by Mr. Rouillard accept this notice of merger. Passed 6-0.
BUSINESS:
Mr. Wilder and Mr. Gattinella presented their comments on the master plan draft for review by other members.
Minutes of January 20, 1999: Mr. Wilder motioned to accept, as amended, and seconded by Mr. Rouillard. Passed 5-0-1 (M. Crisler abstained).
Minutes of February 3, 1999: Mr. Rouillard motioned to accept, as written, and Mr. Wilder seconded. Passed 5-0-1 (D. Dubay abstained).
Mr. Case reported the two (2) bills concerning the master plan were dismissed.
Mr. Stearns replaced Mrs. Crisler on the Board.
DJR REALTY SITE PLAN (13-A-33) 33 Rockingham Road - PUBLIC HEARING CONTINUED
Mr. Turner reported on the pending issues from the January 27th meeting. Note # 7 has been changed, note # 13 has been added with the change of use in the rear, and a parking note with display area. The entrance has increased to a 25' radius per the NH DOT and the sign meets the zoning ordinance requirements.
Mr. Wilder questioned the requirements for signage and Mr. Maurice Brancato, the applicant, explained the signage would be a painted sign with a floodlight to illuminate.
Mr. Dubay read the letter from Bergman & Associates, dated February 17, 1999. There will be a motorcycle repair shop in the back building. Mr. Turner explained the repair shop would have components to modify motorcycles into trikes. There will be no use of chemicals only normal cleaning chemicals.
Mr. Wilder motioned to approve the DJR Realty Site Plan as revised, dated February 17, 1999. Mr. Rouillard seconded. Passed 6-0.
STONEWALL SUBDIVISION & SPECIAL PERMIT ( 22-R-800 & 4000B) 129 Range Road - PUBLIC HEARING
Mr. Turner reported the applicant requests a waiver on block length because there are wetlands in the area where the stub would be required to be placed. The Rockingham County conservation district has reviewed the drainage and changes have been made accordingly. Mrs. Crisler motioned to accept for consideration and Mr. Wilder seconded. Passed 6-0.
Mr. Dubay read the minutes of the public discussion held November 18, 1998 and the comments from the Fire Department, requesting a cistern of 7,000 gallons, the Conservation Commission requesting the impacts on the W.W.P.D. be reduced and the hemlock grove be depicted on the plans. The Historic District Commission requested the name of the road be changed to reflect historical names, i.e. Squire Armour.
Mr. Turner reported the subdivision meets all the zoning and subdivision requirements with the exception of a waiver needed for roadway length. A right-of-way will be given at the end of the cul-de-sac for the adjacent parcel. Wetlands crossings and W.W.P.D. crossings are depicted on the plan.
Ms. Carol Pynn, of the Historic District Commission, discussed the road names and the preserving of stonewalls wherever possible. Mr. Wilder requested a connection with a possible easement to Griffin Park and Mr. Zohdi reviewed the trails found on the parcel.
Mr. Wilder discussed the future road connections and requested a note be placed on the plan regarding a possible connection to the adjacent parcel and the width of the road would not preclude a connection to Salem. Mr. Wilder explained it would be good planning to keep this option open. Mr. Turner reviewed the future development of the area and the possible future roadways. Mr. Wilder stated although he was not in favor of a connection to Salem but the Board should keep the option open.
The plan has been reviewed by the Rockingham County Conservation District and Mr. Zohdi, of Edward N. Herbert Assocs., Inc. responded with a letter dated February 17, 1999(on file). The cutting in the area of the hemlock grove will be limited and there will be no cutting in the W.W.P.D. area.
Trails were discussed and it was agreed the pedestrian easement would be placed between lots 822 and 824 to Griffin Park. Mr. Nickerson, the developer, agreed to the placement of the pedestrian easement. Mr. Gattinella stated he was opposed to trails on private property, the trails should be on town owned property and there was no policy on maintenance in place. Mr. Turner reported, in the past, the engineer has monumented the easements.
Mr. Turner reviewed the special permit and requested specific plans for the side slopes and driveway profiles and cross sections of the driveways. This will be provided for seven (7) driveways and submitted Friday, February 19, 1999.
Mrs. Crisler motioned to approve the subdivision and the special permit, as depicted on the plan dated 2/17/99, with the following stipulations:
- Pedestrian easement between lots 822 and 824 to provide a connection to Griffin Park;
- Change the road name to Squire Armour Road, if acceptable to the Fire and Police Departments;
- Erosion control be used during construction of the driveways, as well as during the roadway construction;
- The cistern for fire protection be bonded;
- Stonewall to be retained, wherever possible, and if not, the stone be preserved on site for reuse;
- Remove any reference to an easement between the line wall, since it no longer exists;
- Note to be placed on plan stating that the cul-de-sac is temporary and it is the intention of the Planning Board that this road connect with future roads;
- Subject to all state permits, road bonding, driveway details and setting or bonding of the bounds.
Mr. Wilder seconded. Mr. Stearns reported the state RSA's stated planning boards should not make easements a requirement of approval for subdivision. Mrs. Crisler stated the subdivision regulations allow the Board to set aside land for recreational purposes. Motion passed 6-0.
THIBODEAU SITE PLAN & SPECIAL PERMIT (19-A-800) 80 Mammoth Road - PUBLIC HEARING CONTINUED
This proposal is for 80 elderly housing units and Mr. Turner reviewed the outstanding issues from the February 3rd meeting. The applicant has provided sign details. The state approval and dredge & fill permits are pending and the applicant will rent up to 20% of the units if the Board requests.
Atty. Mason indicated the rental would be by the developer and there was no limit on the number of handicapped units as they would be buyer driven. Details of the ramps to be used for handicap accessibility were given with the plans. The applicant will purchase a van for community use after thirty (30) units have been sold. The details of ownership and operation will be covered in the covenants.
The hours of operation for gravel removal will be Monday through Saturday, 8:30 A.M. to 4:30 P.M. Discussion followed on the proximity to industrial land in Pelham. The nearest unit would be 760 feet. As to affordability, Atty. Mason stated the developer would follow federal guidelines to ensure the initial sale was affordable but there was no control over the resale of units. Atty. Mason stated the project would be done in two phases and the applicant will defer six units to the Sisters of Mercy or any other applicant but wishes first preference in the future.
Mr. Rouillard questioned the age requirements and discussion followed on the state requirements and the federal requirements. The covenants from Lamplighter Village were reviewed and approved by town counsel. With a couple, one person must be 55 years of age and with an individual the person should be 62 years of age. Mr. Gattinella excused himself from this portion of the hearing in case of an administrative appeal, as he is a member of the Zoning Board of Adjustment. Atty. Mason stated the covenants of this project would track the covenants of Lamplighter Village.
Mr. Gattinella returned to the discussion. Mr. Zohdi reported the developer hoped to finish phase one in the first year and phase two in the second year. Mrs. Crisler reviewed the lighting plan and the landscaping plan. Mr. Zohdi will provide a more detailed landscaping plan with highlighting. Mrs. Crisler expressed concern with the additional calls for emergencies to be answered by the Fire Department and questioned whether an exactment should be taken for capital equipment. Mr. Stearns stated there were many studies addressing this concern. The Fire Department should be requested for input and recommendations. Mr. Dubay noted the Board did not require this condition of the Lamplighter Village.
Mr. Rouillard expressed concern with the density of the project in the Aquifer Protection District, in particular the septic loading in the area. Mr. Wilder was concerned with the recharge areas and nutrient loading. An opinion from a hydrogeologist was requested of the applicant.
Mr. Case stated he was opposed to any exactment for elderly housing of 55 years and older. Mrs. Elizabeth Williams reported there is an ambulance fee charged for use. Mr. Bill Ohla discussed the overlay districts and which one was the qualifier. Mr. Ohla requested the Board pay attention to the buffer adjacent to industrial land in the town of Pelham.
Discussion followed on the hiring of a hydrogeologist for the limited study a request for a landscaping plan done by a professional, and Fire Department input on the capital requirements.
Mrs. Crisler motioned to continue the public hearing to March 3, 1999, as the first item on the agenda, and during this time the applicant will put together a complete landscaping plan addressing the buffer and aesthetics, request Fire Department input on emergency services and capital equipment, Mr. Turner hire a hydrogeologist to study the impact on the recharge area of the APD and water quality. Mr. Kolodziej seconded. Mr. Dubay stated he is opposed to any impact fee or exactment for capital equipment. Motion passed 4-2 (D. Dubay, J. Gattinella opposed).
OBOUHKOV SUBDIVISION & SPECIAL PERMIT (21-C-271) Cobbetts Pond and Farrwood Roads - PUBLIC HEARING CONTINUED
Mrs. Crisler was replaced by Mr. Stearns for this hearing. Mr. Turner reviewed the issues and stated the applicant has addressed them. Mr. Craig Francisco, of Bedford Design Consultants, presented the Board with the driveway profile and state driveway permit. A plan for the drainage was reviewed and the wetlands permit and septic design permit are pending with the state.
The Board reviewed the special permit to cross the W.W.P.D. for construction of the driveway. Discussion followed on the blasting needed and the state requirements would be observed, or a town ordinance if it is in force. Mr. Turner recommended doing pre-blast surveys at 50 Cobbetts Pond Road, PO Box 670, lot 21-C-123, and PO Box 512, lot 21-C-150 and place seismic monitors on these properties during blasting.
The applicant is requesting two waivers for partial HISS mapping and partial topography mapping. Mr. Wilder motioned to approve the subdivision and special permit application and plan dated January 12, 1999, as revised February 4, 1999 with the following conditions:
- Grant the waivers as requested in letter dated January 12, 1999;
- Subject to offering a pre-blast survey to the owners of structures on lots 21-C-135, 123, and 150. The placement of seismic monitors on same lots;
- Subject to setting or bonding of the bounds.
Mr. Stearns seconded and passed 5-1 (W. Kolodziej opposed).
Mr. Rouillard motioned to open the Costa Subdivision public discussion and continue it to March 3, 1999. Mr. Wilder seconded and passed 6-0.
Meeting adjourned 11:50 P.M.
Mona Feciuch
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03/08/2000