Town of Henniker  
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Archive Page for the year 2000


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                                  Meeting Dates

 
  July 12, 2000
  July 26, 2000
  August 9, 2000
  August 23, 2000
  September 13, 2000
  September 26/27, 2000
  October 11, 2000
  November 8, 2000
  December 13, 2000

 

   
   
   
   

 

 


 


Henniker Planning Board
Minutes for December 13, 2000

Members present: Geoffrey Hirsch, Chairman; Judi Englander, Cordell Johnston, Rachel Lehr, and voting alternate member Karen Makocy Philbrick.

Guests present: Danny Aucoin, Michael Tardiff, Cynthia Marsland

Chairman Hirsch opened the meeting at 6:35 PM

Ms. Lehr recused herself from the informal discussion.

Informal Discussion

Mr. Aucoin asked the Board procedural questions on submitting a petition and then formally submitted a signed petition for the Selectmen of the Town of Henniker to include the following warrant article on the ballot at the 2001 Town Meeting: “Are you in favor of amending the Town of Henniker district map by changing lots 586, 586-A, 586C1-C5, 588, and 588B1-B10 from a Rural (RR) designation to Commercial (CR)?”

The Board briefly discussed the petition and scheduled a public hearing for January 24, 2001.

Mr. Tardiff, from Central NH Regional Planning Commission, presented the results of the survey for the master plan review to the Board. The initial results were tabulated from a 31% return rate which will give the Board a good baseline to review the master plan chapters. Mr. Tardiff will have detailed results by the end of January and recommended a poster session at the town meeting in March. He will also submit the survey results for publication in several sources.

NOTE: If you have not sent in your questionnaire and would like to, the absolute deadline is January 10. You may return it to Town Hall or via the internet.

7:45: Site Plan Review Waiver request submitted by NH Coffee Roasters was tabled to a later date because a representative for the company was not available.

Old Business: The Board reviewed the final draft of the proposed Bed & Breakfast regulation.

New Business

Mrs. Marsland submitted two more suggestions for zoning regulation changes. The Board reviewed these issues and are included in the motion to amend the regulations.

Ms. Englander made a motion to accept the following four proposed amendments to the Henniker Zoning Ordinance:

1. Amend section 133-47 of the Henniker Zoning Ordinance to provide that the maximum sizes for signs in the Educational District shall be as follows: principal business- 8 square feet (SF); multiple business listing- 8 SF; free-standing business- 8 SF; directional- 3 SF; portable, seasonal, temporary- 8 SF.

2. Amend section 133-56 of the Henniker Zoning Ordinance to read as follows: “No fee shall be charged for a permit under this article if the reasonable cost to complete construction, reconstruction, repair, alteration or similar activity will be less than $1000.”

3. Add a new section after section 133-21 of the Henniker Zoning Ordinance, to read as follows: “Construction of an in-ground pool shall include safety fencing of at least four feet in height. The gate shall have a locking mechanism to deter unauthorized or unsupervised use of the pool area.”

4. Amend the Henniker Zoning Ordinance to provide that bed and breakfast homes are permitted by special exception in every district other than heavy commercial, and to add the following new article:

ARTICLE XXVII
Bed and Breakfast Homes

Definitions.
As used in this article, the following terms shall have the meanings indicated:

BED AND BREAKFAST HOME - is any residential dwelling located on one (1) lot of record, containing lodging units offered to the public for compensation for transient accommodations, provided that such dwelling unit is operated by an individual person or persons, who shall occupy the dwelling unit.

Special exception and site plan review required.
For a use to be established under this article, the applicant must secure a special exception by the Zoning Board of Adjustment subject to the requirements and procedures of Article XVI. The applicant must also demonstrate to the Planning Board that the proposed site satisfies all the requirements of site plan review.

Additional requirements.

A Bed and Breakfast Home, in addition to all other requirements of this article, shall, demonstrate compliance with the following requirements:

A. The number of proposed lodging units shall be compatible with the surrounding area, and shall be reasonable, taking into consideration the floor size and configuration of the dwelling unit, and the size of the lot on which such dwelling unit is located.

B. The dwelling units for the owner(s) of the Bed and Breakfast Home shall be adequate for the number of operators and his, her or their family(ies).

C. Breakfast shall be the only meal served to guests of a Bed and Breakfast Home and such meal

D. The applicant shall provide evidence that there are adequate sanitary facilities to accommodate the proposed number of lodging units and that the septic system complies with all applicable State statutes and regulations for the total number of proposed lodging units and the dwelling unit for the owner(s).

E. The dwelling unit proposed for a Bed and Breakfast Home shall be subject to all National Fire Protection Association (NFPA) Life Safety Codes.

F. The applicant shall comply with all State statutes and regulations with particular attention to the items listed below:

  1. Site Plan Review approval shall be contingent upon receipt of any operators licenses, such as the Meals and Rentals Operators license and Food Service license, and copies of said licenses shall be provided to the Planning Board.

  2. Adequate guest records shall be maintained in accordance with the requirement of State regulations.

G. Only one (1) business sign having an area of not more than eight (8) square feet shall be located on the premises, and shall be compatible with the neighborhood. All other requirements for signage shall be in keeping with Article XI.

H. There shall be a minimum of one (1) parking space per habitat unit, plus a minimum of one (1) space per employee.

Ms. Lehr seconded the motion. The vote was in favor of accepting the above mentioned amendments to the Henniker Zoning Ordinance.

A public hearing is scheduled for January 10, 2001, in the Henniker Community School Cafetorium.

Minutes from the November 21 meeting were reviewed and approved with minor corrections.

Correspondence - The Board reviewed a letter from the NH Department of Transportation in regards to their planning safety improvements along a section of NH Route 9/ US Route 202 in Hopkinton and proceed approximately 11.5 miles to the eastern portion of Hillsborough Village in Hillsborough. Safety improvements include replacing substandard guardrail, extending guardrail, and the addition of end terminal units on the guardrail.

NOTE: The December 27 meeting has been cancelled. The next meeting will be on January 10, 2001.

The Board adjourned at 9:20 PM.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning & Zoning



Henniker Planning Board
Minutes for November 8, 2000

Members present: Geoffrey Hirsch, Chairman; Judy Englander, Cordell Johnston, Rachel Lehr, Thea Braiterman, Selectman Ex-Officio; Scott Osgood, and voting alternate Karen Makocy Philbrick.

Guests present: Kevin Keyes, Diane Mallett, Therese Aucoin, Richard Aucoin, Spencer Bennett, Linda McGuire, Lawrence S. White, Glenna Goodman, L. Bosse, Steve Connor, Ronald Lavallee, Art Siciliano, Stephany Marchut Lavallee.

Mr. Bennett had Mylar signed for his approved subdivision after showing Mr. Hirsch and Ms. Englander the recorded boundary line agreement.

Chairman Hirsch opened meeting at 6:38 p.m.

Correspondence - The Board received a letter of resignation from Jennifer McCourt. She stated business and personal obligations prevent her from completing her term.

Bruce Elliott is asking the Board to view the town website and comment on its layout. You may visit the site at www.henniker.org.

The Board briefly discussed a letter received from the Retail Merchants Association.

Minutes of October 25, 2000, were reviewed and approved with technical correction.

Public Hearing

#1. A Site Plan Review application submitted by Mental Health Facilities, Inc., dba Riverbend Community Mental health, Inc, to convert Building One of the Liberty Hill Office Park into private offices. The site is located on Liberty Hill Rd., Tax map 2, Lot 369-X in the CV district.

James N. Tamposi, Attorney, representing Autodesk in the sale of the five buildings, reviewed with the Board the proposed plan and submitted copies of the Declaration of Condominium and the bylaws of the unit -owners association. He explained the SPR application was submitted in this case to match the previous use of the building, and stated that all future units will have a recorded site and floor plan. He said with the sale of each unit, the new owner will apply for SPR.

Mr. Tamposi reminded the Board that the intent of Liberty Hill Park is to remain an office complex, and the units will not be sold for retail or restaurant use.

Ms. Braiterman asked how the building and complex will be maintained. Mr. Tamposi said the bylaws of the owners association state the care of the building to the outside paint is the responsibility of the individual owner, and the common land around each building and the complex is maintained by the association. Mr. Tamposi briefly explained how the elected Board of Directors enforces the bylaws.

Glenna Goodman, Director of the Riverbend office in Henniker, explained to the Board how many staff members would be on site daily, an approximate number of clients seen in a day, and stated in the event of a meeting, the maximum of 12-15 people would be the most in attendance at one time.

Members of the Board had concerns about the parking lot not being striped. Ms. Braiterman asked if there were plans to clearly mark handicapped parking.

Mr. Tamposi stated that, although the plat does not show it, in front of each building there will be two spaces for handicapped parking. He suggested Mr. Keyes answer further questions about the parking lot.

Kevin Keyes, an advisor with Coldstream Real Estate, explained there were no immediate plans to stripe the lot; but when all five units are sold, it could be striped as needed.

The Board went through the checklist for completeness of the application according to the SPR regulations. The Board asked the applicants about additional lighting or signs.

Ms. Goodman stated she would like to take the Riverbend sign from Hall Ave. and use it at the new site for directional use. Mr. Tamposi said plans for a sign really hadn't been discussed, but that a simple wood sign listing the business names in the Park with a light directed upward would probably be what they would apply for.

Mr. Johnson moved to accept the application as complete. Mr. Osgood seconded. The vote to accept the application as complete was unanimous.

Chairman Hirsch opened the public hearing and asked for questions and comments from the guests.

Mr. Keyes stated the history of the previous business and the buildings. He explained that when he was asked to look for potential new business, the thought of several small businesses was the right route to go. If they too outgrew their buildings, the loss of one business would not have the impact on the town as with the case of a large business leaving.

Mr. Connor, guest, stated his support for the proposal. From first hand knowledge, he gave some insight on the parking, drainage and snow removal which the Board had questioned. He further stated that traffic volume was never an issue with this site under the previous owner.

Mr. Johnson made a motion to approve the application as submitted. Ms. Lehr seconded.

A brief discussion was held to clarify the issues about the striping of the parking lot and the entrance sign. The Board stated there may be a need to revisit these issues at a future application.

The vote was unanimous in favor of the motion. The SPR application was approved.

Mr. Tamposi asked to make a statement before the hearing was closed. With this application not being a regular SPR because of the existing buildings, he wanted the Board's assurance that with future applications, issues for certain lighting, etc. would not be an issue as the associations "hands would be tied."

Chairman Hirsch stated if the demands of the applicant changes, the requirements may need to change. A brief discussion between the Board and Mr. Tamposi for clarity of the Board's role to change requirements when they were fine for Autodesk versus the new owners. The issue for the definition of a Change of Use was discussed. Ms. Englander asked if the Board's safety mechanism is the condo association. Mr. Tamposi clarified some bylaws.

Mr. Johnson stated perhaps after the initial SPR of the five units, if at some time one unit is sold, and the new owner is not a Change of Use, a SPR application may not be necessary.

Mr. Connor said there is another business condo in Henniker, referring to the businesses on Maple St. in the plaza with Edmund's, Country Spirit, the vet's office and the bank.

Public Hearing #2 - 8:10 p.m.

Minor subdivision application submitted by Richard and Theresa Aucoin to subdivide a 12- acre parcel on the East side of Matthews Rd. from the original 102 acres, Lot 711 in the RR district.

Art Siciliano, surveyor, presented the plat of the site on behalf of the Aucoins.

The Board reviewed the checklist according to the subdivision regulations. An issue about the soil classification was discussed. Mr. Siciliano said a test pit but not a perk test was done by Leo Aucoin. The Board agreed the classification adequately showed probable septic and buildable area.

Ms. Englander moved to accept the application as complete. Mr. Osgood seconded. The application was accepted as complete.

Chairman Hirsch opened the public hearing and asked guests to comment on or state questions about the proposal.

Mr. Lavallee, abutter, supported the proposal.

Mr. Johnston made a motion to approve the application with the technical corrections to the lot boundaries and soil type. Ms. Lehr seconded the motion. The application was approved by a unanimous vote. The public hearing was closed.

Old Business

Discussion of proposed Bed & Breakfast regulations continued with the review of a revised draft received from Cindy Marsland, Zoning Compliance Administrator. Mr. Osgood will review the material from the state and other towns about B&B's and draft a definition with zones stated.

8:55 p.m. Ms. Braiterman and Ms. Lehr left the meeting.

New Business

The Board reviewed the calender for the schedule of required public hearings on proposed amendments. The agenda for the December 13 meeting will be to work on proposed amendments. No applications requiring a public hearing will be scheduled for this meeting.

The meeting adjourned at 9:20 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning & Zoning



Henniker Planning Board
Minutes for October 11, 2000

Members present: Geoffrey Hirsch, Chairman; Judy Englander, Cordell Johnston, Jennifer McCourt, Scott Osgood, Rachel Lehr, and non- voting alternate member Karen Makocy Philbrick.

Guests: Cynthia Marsland, Pat Putnam, and Mackie White.

Chairman Hirsch opened the meeting at 6:35 p.m.

Informal Discussion

Mr. Johnston updated the Board with information from Attorney Hess in regards to the Autodesk property on Liberty Hill Rd. After the Boards' review of subdivision and condominium regulations, they agreed Subdivision application is not required, but Site Plan Review will be required starting with the first building sold. A letter of the Board's decision will be sent to Jim Tamposi, who is representing Autodesk.

Chairman Hirsch asked to delay the public hearing to continue with informal discussion. Mr. Putnam complied.

Mrs. Marsland informed the Board the Town of Henniker has changed the title of Code Enforcement Officer to Zoning Compliance Administrator, and she presently has the position.

Mrs. Marsland told the Board she has received numerous calls inquiring about Bed & Breakfast regulations. Since the town doesn't have specific regulations about B&B's, she asked if anyone on the Board would like to assist her in drafting a proposal for new regulation. The Board briefly discussed home business regulations and will look at State regulations on the issue. The Board will continue discussion at the next meeting.

7:35 Public Hearing

A Site Plan Review application submitted by Patrick J. Putnam on behalf of Michie Corp. and Stuart Michie was presented at the public meeting. The applicant proposes to build a 30' x 50' metal storage building at the Michie Corporation site located on Route 114, Tax Map 1, Lot 587-A in the CR district. The building will be on a one-acre parcel of land Mr. Michie proposes to lease from Michie Corp. to store personal property presently stored in one of the existing buildings.

Mr. Putnam reviewed with the Board the proposal and showed them plans drawn up by Morton Buildings, Inc. He stated there will only be electricity in the building; no sewer or water.

The Board reviewed the checklist per the Site Plan Review Regulation.

Mr. Putnam requested a waiver of several items on the checklist not be shown on the plat over 50 feet away from the proposed building

Mrs. McCourt made a motion to waive being shown on the plat any existing structures, parking, natural features and utilities over fifty feet away from the proposed building.

Ms. Englander seconded. The vote was in favor of the motion.

Mr. Johnston suggested to the Board Mr. Putnam get a letter from the State Department of Transportation in regards to amending the present driveway permit.

Mr. Johnston moved to accept the application as complete subject to the following conditions.

1. A letter from the State DOT regarding driveway permit amendment.

2. Plat indicate location of Flanders Road.

3. Site plan to include bar scale.

4. Locus map show correct street name from Elm St. to Temple St.
Mrs. McCourt seconded. The vote was in favor of the motion.

Public Hearing was opened for discussion. Mr. Putnam restated use for building and proposal. There were no abutters present for discussion. Mrs. McCourt made a motion, based on the conditions of completeness, to approve the plan, and stated if there is to be any outside lighting, it be a downward fixture. Ms. Lehr seconded. The Board voted in favor of the motion.

Minutes of September 26 and 27 meetings were approved with corrections.

Old Business

The Board discussed the States' new regulation for Cellular Communication Towers. It was determined that these new State regulations did not require action by the Board at this time.

The Board discussed packets from the ZBA in regards to land use regulations. The ZBA is in favor of a joint meeting for a speaker presentation on land use law.

**10/25/00- Since the 10/11/00 meeting, a joint meeting has been scheduled for November 14, 7:00 p.m., at the Grange. The Public is welcome to attend.

The meeting adjourned at 8:30 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for September 26 & 27, 2000

September 26, 2000

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Scott Osgood, Judy Englander and alternate Karen Makocy Philbrick.

Guests: Michael Tardiff from Central NH Regional Planning Commission.

6:30 p.m. The scheduled agenda was for the compilation of the Master Plan Survey bulk mailing. Mr. Tardiff assisted members in assembling the mailout and reviewed how the returned surveys will be counted. The public may return their completed survey one of three ways: by return mail using the enclosed envelop, by dropping it off at Town Hall, or by using the Internet. He assured members that the random sequence number on the survey was there only to get an accurate count of information from the surveys completed via the Internet.

The Survey will be mailed October 3 and is due back by October 27,2000.

The meeting adjourned at 9:00 p.m.

September 27, 2000

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Thea Braiterman, Scott Osgood and voting alternate member Karen Makocy Philbrick

Guests: Lorraine and Albert Aucoin

6:30 p.m.

Chairman Hirsch opened the meeting with the review of the correspondence file.

The Board briefly discussed the information packet passed on to them from the ZBA regarding non-conforming use and grandfathering.

Minutes

The Board reviewed minutes of September 13, 2000 and approved with corrections.

6:45

Mr. Aucoin presented to the Board his unique situation of needing to move a building onto a site that will be subdivided in the very near future. He explained that he can have this former carriage shed but he needs to be able to move it immediately. He is in the process of getting the necessary permits for subdivision but won't have them before the owner of the building needs it moved.

Mr. Aucoin reviewed his sketches and the proposed plan of the building with the Board. The Board suggested he speak with the acting Code Enforcement Officer about a possible building permit.

The Board concluded Mr. Aucoin does not need an approval for moving the building. They advised him to read the regulations that would be required when he submitted a subdivision application.

New Business

The Board discussed options for communicating with the other town committees. Members will receive minutes from meetings and the Planning Board minutes will be passed on to more committees.

Mr. Johnston highlighted information he read concerning cellular communication towers. The Board will discuss this at future meetings.

Old Business

Mr. Johnston stated he had not heard from Town Counsel in regards to business condominiums. He will have information possibly by the next meeting.

The Board held informal discussions on a variety of topics while working on the compilation of the Master Plan bulk mailing.

*Surveys will be mailed October 3 and are due back by October 27. Thank you for taking the time to complete your questionnaire. *

The meeting adjourned at 9:15 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for September 13, 2000

Members present: Geoff Hirsch, Chairman; Judy Englander, Jennifer McCourt, Cordell Johnston, Thea Braiterman, Selectman Ex-Officio, and alternate member Karen Makocy Philbrick

Guests: Jim Tamposi, John Vaillancourt, Peter Flynn, Joseph A. Trier, Bertha McComish.

Chairman Hirsch opened the meeting at 6:30 p.m.

Informal Discussion

Mr. Johnston asked the Board for a few minutes to present information received from Mr. Tamposi in reference to proposed business condominiums at the Autodesk site on Liberty Hill Rd.

Mr. Tamposi, Attorney, outlined for the Board what is planned with the complex and showed them plans of the proposed site. He stated that the tract of land is to be kept intact but the five buildings will be sold individually. He asked the Board if this proposed project requires application of subdivision.

Mrs. McCourt stated there would be a change with the traffic pattern and parking.Asked if the new occupants would adhear to the Site Plan Review regulations.

Mr. Johston said the complex has been there since at least 1990 and the SPR regulations were drawn up in 1992. Ms. Englander stated that over the years, Autodesk has applied for SPR with the addition of buildings.

Mr. Tamposi read from the condo agreement draft which states the buildings are restricted to office use.

Mrs. McCourt recommended the Board wait to hear from legal counsel before decideing what application will be required. The Board agreed. Mr. Johnston will be in contact with Attorney Hess.

6:50

Mr. Vaillancourt, from Central NH Regional Planning Commission, reviewed with the Board the final draft of the master plan survey. He said it could go to press on September 19, pushing the work session to September 26, with a release date at the beginning of October.

The Board made some technical changes and asked for copies be sent to a few town committee members for their comments before CNHRPC sent the draft to the printers.

Mr. Johnston left the meeting.

7:55 - Public Hearing

Boundary Line Adjustment application submitted by Brian J. Barrett, Joseph A. Trier and Terri W. Trier, to divide lot 577-X3, a 10.5-acre parcel, into two parts. One 5.5-acre parcel will then be added to lot 577-X4, owned by Brian J. Barrett, and one 5-acre parcel will be added to lot 577-X2, owned by Joseph and Terri Trier. Lot 577-X4 would increase in size from 10.5-acres to 16.0, and lot 577-X2 would increase in size from 18.1-acres to 23.1. Lot 577-X3 will be eliminated.

Mr. Blanchard presented the proposal to the Board, and they reviewed the plan for completeness based on the regulation checklist.

Mrs. McCourt made a motion to waive provisions of contours, buildable area, soil type and state septic approval because plan is consolidating a recently approved subdivision.

Ms. Makocy Philbrick seconded. The Board voted in favor of the motion.

Mr. Blanchard stated that the subdivision plat on record contains waived information.

Mrs. McCourt made a motion to accept the application as complete. Ms. Makocy Philbrick seconded. The vote was in favor of the motion.

Ms. Englander commented the plan was in the best interest of the town to consolidate the lots and made a motion to approve the application. Mrs. McCourt seconded. The vote was in favor of the motion.

8:15

Mr. Flynn, Town Administrator, presented the Board a draft of a Performance Bond Agreement that he has worked on with developers and engineers, and is based on another NH town's document.

The Board reviewed the draft. Mrs. McCourt made a motion to adopt the Performance Bond Agreement as presented by Mr. Flynn. Ms. Englander seconded. The vote was in favor to adopt the agreement. A copy of the agreement is attached to these minutes.

Mr. Flynn presented the Board with a letter he received from SEA Consultants, in reference to the Crestwood subdivision. Mr. Rook, engineer on the project, is requesting a bond reduction.

Mrs. McCourt made a motion to approve the Crestwood Subdivision request for Bond reduction in the amount of $44,000, showing the new amount of $52,000 as recommended by Bill Rollins of SEA, subject to the approval by the Henniker Road Agent.

Ms. Englander seconded. The vote was in favor of the motion.

Mrs. McCourt requested a discussion of how to create better communication between committees be added to the next agenda.

Ms. Braiterman brought the Boards' attention to issues raised at the September 12 Board of Selectman's meeting concerning 88 Western Ave. Mr. Flynn stated he and the Acting Code Enforcement officer have spoken with the owner and the required applications will be filed.

Clerical Note: The agenda should have shown that a public hearing for William R. Costello, Trustee, was to be continued tonight from the August 9 meeting.

The clerk told the Board the applicant asked for another continuance as they were still waiting for information from the surveyor. The applicant did not know when he would have the information needed to complete the application.

Ms. Braiterman made a motion to deem the application incomplete, and added that the applicant can reapply for subdivision with only the application fee being waived, not the public notification fees.

Mrs. McCourt seconded. The vote was in favor of the motion.

Minutes

The Board reviewed the minutes of August 23 and approved with technical changes. The August 30 minutes were approved as drafted.

Meeting adjourned 9:17 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for August 23, 2000

Members present: Geoffrey Hirsch, Chairman; Judy Englander, Scott Osgood, Thea Braiterman, Selectman Ex-Officio; Rachel Lehr, Cordell Johnston

Guests: Pat Putnam, Spencer Bennett, Linda McGuire, Frederick C. Brunnhoelzl, Skip McKean, Stephen Forester, Robert T. French, Jean Lewis.

Chairman Hirsch called the meeting to order at 6:35 p.m.

Correspondence file was reviewed. The Board briefly discussed information received about town road classifications.

The Board discussed the letter received from NHDOT in regards to safety improvements along NH Route 114. Mr. Osgood will look over the questionnaire, make comments, and send back to the state.

6:50 Informal Discussion

Mr. Putnam, Chief Financial Officer from Michie Corp., showed the Board a proposed project to have a storage building at the Michie Corp. gravel pit, located on Route 114 in the CR district, built for the personal use by Stuart Michie.

Mr. Putnam asked the Board for clarification on Site Plan Review regulations and procedure.

Ms. Lehr asked if the ZBA needed to be involved with this project since it was a building for personal use on a commercial site. The Board concluded that the project was a new development of land on this site so it was a planning board issue.

7:10 Public Hearing #1

Mr. Bennett, on behalf of Bennett Farm, presented the Board with the final plat for his major subdivision application to divide lot 728 into 6 lots, located on Mt. Hunger Road in the RR district.

Mr. Bennett showed the Board revisions to the plat as required by the conditional approval of the preliminary application hearing held on July 12. The conditions addressed are as follows.

  1. One acre buildable area blocked on plat.
  2. Letters of Driveway Permit approval.
  3. Letter received from Henniker School Board in reference to school bus schedule.
  4. Information received from John Margeson, road agent, about road classifications.
  5. Trees Blazed between lots 728B & C. Nine trees were blazed along the first 250 feet so the property owners would know the boundary line. More can be done once the bounds are set by the surveyor.
  6. RSA closure statement. Mr. Bennett spoke with a member from the National Land Surveyors Association to clarify what the closure statement may contain. The Board asked Mr. Bennett to clarify some points on the plat.
  7. Boundary Line Agreement. Mr. Bennett submitted a copy of the deed showing transfer of ownership of Lot 729, giving Merle R. Patenaude, Jr.(Joe), Beverly Patenaude and Douglas A. Hatfield, the authority to sign the document of agreement with Mr. Bennett.

Mr. Osgood questioned the difference between the distances stated on the plat and those described in the agreement. It was concluded they were the same distances, but figured differently. Mr. Bennett stated he would have the boundaries recorded if the plat was approved and would have that shown on the Mylar before the Board signed it.

Mr.Johnston reminded the Board of a concern from Stephen Forester, abutter, about the heron rookery in the area. Mr. Bennett said the actual rookery is on Mr. Patenaude's property.

Mr. Osgood moved to accept the final plat as complete. Mr. Johnston seconded. The vote was unanimous in favor of the motion to accept application as complete.

Mr. Bennett stated that if the Board approved his application, he will add a certification of land ownership to the plat.

Chairman Hirsch then opened the public hearing and asked for public comments pertaining to the application. There were no comments.

Mr. Johnston moved to approve the application subject to the addition of certification of land ownership required by Section VIII B, 17(a). Ms. Lehr seconded. The vote was unanimous in favor of the motion to approve the application, subject to the condition.

8:05 Public Hearing #2

A Site Plan Review(SPR) application submitted by Robert T. French on behalf of Welton E. McKean Trust to construct a 100' x 75' storage garage on Lot 305-D1, at the intersection of Old Concord Road, Old West Hopkinton Road, and Route 202 & 9, in the CH district. The purpose of the building would be to house and maintain the trucks of the Skip McKean Petroleum Transport business.

Mr. French reviewed in detail the proposal. He showed how the drainage is designed and the elevation of the building.

Mr. Hirsch asked what visual impact the building will have to the area. Mr. French stated it was in a commercially zoned area and the drawing showed as much detail as he could put down.

Mr. Brunnhoelzl, abutter, stated his confidence in Mr. McKean to have a well built and nice- looking building as with every project he has done in the past.

Ms. Braiterman informed the current Board of the applicants original SPR three years ago, when the Board and Mr. McKean had a "gentleman's agreement" in which more shrubbery would be added facing Route 202/9. Ms. Braiterman recollected a letter received from the State Fire Marshal's office, stating that for safety reasons, no additional shrubbery could be planted near the tanks. Ms. Braiterman said that subsequently, without informing the Planning Board, almost all the shrubbery between Rt. 202/9 and the tanks was cut down, violating the "gentleman's agreement."

Mr. French showed the Board that letter which was read aloud by Mr. Hirsch.

Mr. Johnston made a procedural point in that this discussion was for the approval stage of the hearing. With that, the Board reviewed the plan for completeness based on the regulation checklist.

Mr. Johnston moved to accept the application as complete on the condition the plan illustrate the existing and proposed lighting. Ms. Englander seconded. The vote was unanimous in favor of the motion.

Mr. Hirsch asked the Board and guests for further comments.

Mr. Brunnhoelzl spoke in favor of the proposal.

Mr. Johnston stated since the site was in a heavy commercial district, visual impact was not a major concern. He went on to make a motion to approve the plan as submitted on the condition that any new lighting not shine on abutting property or roads. Ms. Englander seconded. The Board voted unanimously to approve the SPR application. Minutes August 9, 2000 minutes were reviewed and approved with amendments. New Business The Board reviewed upcoming schedule. The clerk informed the Board she will be on vacation the week of October 2 through October 9. The Planning Board office will be closed October 3, 2000.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for August 9, 2000

Members present: Geoffrey Hirsch, Chairman; Judy Englander, Jennifer McCourt, Cordell Johnston, and voting alternate member Karen Makocy Philbrick.

Guests: Cynthia Marsland, Bob Gosse, Dave Currier, Tom Riley and Bob French.

Chairman Hirsch called the meeting to order at 6:30 p.m.

The Board reviewed the correspondence file.A letter was received from the Henniker School Board as requested by major-subdivision applicant Spencer Bennett. Also discussed was a letter from the State which received a site specific application from Henniker Crushed Stone.

Informal Discussion

Cynthia Marsland, acting Code Enforcement Officer for a 90-period, introduced herself to the Board. She asked for clarity interpreting regulations for an issue brought to her attention regarding property on Western Ave.

Public Hearing

Minor subdivision application submitted by William R. Costello, Trustee, to subdivide Lot 553, located on Old West Hopkinton Rd., in the RN district.

Mr. Riley, on behalf of the applicant, reviewed with the Board a map of the parcel and noted changes made from the original proposed subdivision earlier this year.

The Board reviewed the checklist according to its regulations and asked Mr. Riley for clarity on the following issues: location of state grid coordinates, where the data elevations are derived from, how the buildable area was determined and wetland soils delineated, and had a driveway permit been applied for yet.

Mr. Currier questioned the regulations asking for septic design approval at this stage in planning. The Board stated they have waived that regulation in the past in lieu of soil scientist data about the site and a test pit.

The concern whether the hearing was legal arose when the Board was informed the surveyor was not notified of the meeting by certified mail. Regulation 676:4(d) states all professionals on plat must be notified. Mr. Johnston stated regulation 676:4,IV remedies that concern and the Board can continue with the hearing.

Mrs. McCourt made a motion not to accept the application as complete because of the following:

  1. Lack of clarification of USGS topography and the contours shown on the property.
  2. One acre buildable area is not sufficiently defined as in the regulation regarding wetland soils and depth to bedrock.
  3. Concern over the driveway location with the disturbance of the stonewall and the environment.
  4. Septic design, which may by waived if the test pit on site is illustrated on the plat.
  5. Clarification of where the nearest state grid coordinate point is to the site.

Along with this motion the hearing will be continued to September 13 with registered-mail notification to the surveyor.

Ms. Englander seconded. The Board voted in favor of the motion. The application was deemed incomplete. The Board will continue the hearing on the acceptance of the application on September 13, 2000.

Mr. Gosse, guest, shared with the Board his concern with the plan in relation to it as an outlet into French Pond and Keyser Pond. The Board noted his concern.

8:05 p.m.

Mike Tardiff, from Central NH Regional Planning Commission (CNHRPC),brought the contract for the Master Plan review for the Board to sign.

Master Plan survey draft questions were discussed. Some changes were made and Mr. Tardiff will have a finalized questionnaire for the next special meeting scheduled for August 30, 2000.

Ms. Englander left the meeting at 9:10.

Minutes

July 19 minutes were approved with Mrs. McCourt abstaining from the vote.
July 26 minutes were approved with Ms. Makocy Philbrick abstaining from the vote.

New Business

The Board had a short discussion on the topic of closure statements on plats.

The meeting adjourned at 9:50 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for July 26, 2000

Members present: Geoff Hirsch, Chairman; Judy Englander, Rachel Lehr, Cordell Johnston, Jennifer McCourt.

Guests: Terry Bennett, Ross D'Elia, Kris Blomback.

Chairman Hirsch called the meeting to order at 6:30 p.m.

Mr. Bennett submitted in writing his response to the Board's two conditions for approval of Arthur Kendrick's Boundary Line Adjustment plan. He outlined his opinion as to why the project did not need state subdivision approval, and a map indicating test pit location and date logged for lot 105.

Mrs. McCourt made a motion that the conditions of the approval have been met. Ms. Englander seconded. All were in agreement that the conditions to approve the BLA have been met.

Site Plan Review Waiver Applications

Mr. Johnston recused himself from the panel.

Ross D'Elia, President of HHP, Inc., reviewed with the Board his proposed project to construct a 104' x 50' steel framed addition to the existing lumber saw mill complex on Old Concord Rd. in the CH district.

Mr. D'Elia stated the project will add to the existing area where lumber is graded, sized and stacked. He noted the project would not change the following: personnel, water runoff, parking, hours of operation, traffic, land use compatibility, school population or noise. He indicated the location of the building on the map and showed aerial views of the complex.

The Board reviewed the plan based on the waiver requirements. They looked back at the original plans of the complex and Mr. D'Elia clarified the location of the building in respect to the complex and the abutters and the use of the building.

Mrs. McCourt made a motion to grant the waiver to site plan review stating the requirements have been met and because the project is a small portion of the entire site.

Ms. Englander seconded the motion. All in favor. The waiver to SPR was granted.

Mr. Johnston rejoined the Board. Mrs. McCourt recused herself for the next application.

Kris Blomback, on behalf of Pat's Peak Ski Area, presented a two option proposal to either construct a 36' x 60' storage building or add onto the existing snowmaking building a 35' x 50' addition. Housed in either building will be two 10' x 20' air compressors. The site is located on Flanders Rd. and is zoned for Commercial Recreation.

Mr. Blomback said the second option was the most likely because of scheduling from the storage shed builders.

The Board reviewed the plan based on the waiver requirements. Issues discussed were the impact of noise from the compressors and the distance of the building to the stone wall.

Mr. Johnston made a motion to grant the waiver stating that the requirements have been met by the applicant. Ms. Englander seconded. All were in favor. The SPR waiver request was granted.

Minutes

The Board reviewed and approved the minutes of June 28, 2000 with technical corrections. Minutes of the July 12, 2000 meeting were also approved.

Old Business

The Board discussed revising the public hearing document. A vote to approve the revision was unanimous. On future public hearing notices and on the agenda for public hearing notice, the document will read: (changes are in italics)

* Notice is hereby given that the Henniker Planning Board will hold a public meeting on .... to consider acceptance of the following: ....... For every application that is accepted as complete, the public hearing may commence at that same meeting. The application is on file at the Town Office and is available to the public.

New Business

Chairman Hirsch updated the Board on the MP survey questions. A tentative special meeting for review of survey questions was set for August 2, 2000.

The Board adjourned at 8:40 p.m.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board



Henniker Planning Board
Minutes for July 12, 2000

Members present: Cordell Johnston, Vice Chairman; Thea Braiterman, Selectman Ex-Officio; Jennifer McCourt, Scott Osgood, and voting alternate Karen Makocy Philbrick.

Guests: Terry Bennett, Arthur Kendrick, Bill McGirr, Spencer Bennett, Linda McGuire, Jean Lewis and Kris Blomback

Vice Chairman Johnston called the meeting to order at 6:30 p.m.

Informal Discussion added to the agenda after printed schedule

Mr. Kendrick introduced Mr. Bennett, licensed land surveyor, to the Board. Mr. Bennett clarified the four conditions imposed on the approval of Mr. Kendrick's boundary line adjustment application to lots 110-D, 106, and 105, located on Tanglewood and Warner Roads.

With the conditions met and clarified, the Board will sign the final plat at the July 26 meeting.

7:20 Continuation of preliminary phase to major subdivision application submitted by Spencer Bennett on behalf of Bennett Farm, Tax Map 1, Lot 728, Mt. Hunger Rd. in the RR district.

The Board reviewed the minutes of June 14, the first part of the preliminary phase hearing, which include a list of required items to be added to the plans based on subdivision regulations.

Mr. Bennett gave the Board an updated plat showing the bounds set, low spots, and culvert crossings. Mr. Bennett read a letter from Meridian Land Services -soil scientists- outlining the wetlands on the individual lots with their recommendations of changes to the subsurface disposal areas. Mr. Bennett indicated on the plat those changes.

After some discussion about having the wetlands shown on the plat versus just receiving the letter from the soil scientist, Mr. Bennett said he would have ready for the final phase, the plat show one acre of buildable area per the subdivision regulations for each lot before the final phase.

As to the individual driveway permits, Mr. Bennett asked for a waiver of state driveway permit approval until the final phase.

Vice Chairman Johnston read letters received from Police Chief Tim Russell and Fire Chief Ben Ayer. Both stated the subdivision posed no special requirements from their departments.

The locus map scale was corrected and the street name was corrected to show Morse Rd. on both the plat and locus map. Mr. Bennett was instructed as to where the closure statement needed to be on the plan.

Abutters' addresses were added to the plat and the lot lines flagged. The criteria for the individual septic approvals will be covered in the letter from the soil scientist.

Vice Chairman Johnston moved to waive the following four items for the preliminary phase:

Mr. Johnston made a motion to accept the preliminary plan as complete per above conditions. Mr. Osgood seconded the motion.

After a brief discussion among the Board and guests, the motion was put to the vote. The vote was unanimously in favor to accept the preliminary plan as complete.

Mr. Bennett made a brief statement to the Board before they considered the plan for approval. He showed the Board a letter of acknowledgement from Joe and Bev Patenaude stating that they knew of the subdivision and they are working on an agreement regarding the boundary line between lot 729 and 728-D. The plat indicates the owner of lot 729 is Merle & Marjorie Patenaude. The Board asked for a letter from the deed holder of lot 729 and that the boundary agreement be in place before the final hearing.

The Board questioned the angle of lot lines between lots 728-B and C. Mr. Bennett offered to blaze the trees every 100 feet or closer between the stone wall and an iron pin will be set. Mrs. McCourt asked that the map reflect a clearer road classification for lot 728-D.

Mr. Johnston asked for public comment regarding the design of lots.

Mr. Forster, abutter, stated concerns about road classification and the impact the town would incur if Mt. Hunger Rd. had to be upgraded in five plus years for a bus route.

After a brief discussion, the Board determined it would be useful to have a letter from the School Board stating whether or not a bus route would include Mt. Hunger Rd. Mrs. McCourt suggested a letter from the road agent regarding road classifications and the definition of a Class A vs. Class B road. Mr. Bennett will need to have the letters for the final phase hearing.

Mr. Osgood made a motion to approve the preliminary plan on the condition the following are met before the final phase of the application:

Mrs. McCourt seconded. The Board unanimously approved the preliminary plan subject to conditions.

Informal Discussion continued. Mrs. McCourt recused herself from discussion.

Kris Blomback, Manager- Pat's Peak, presented the Board with a request for Site Plan Review Waiver for their consideration at their next regularly scheduled meeting.

Pat's Peak Ski Area is proposing two scenarios for the Board to review. Option 1 is to construct a small 36'x60' storage building; Option 2 is to add onto the existing snowmaking building.

The Board reviewed the sketch of the plan and asked questions for clarity. Mr. Blomback may formally present his proposal for SPR waiver on July 26, 2000.

Minutes - June 28, 2000 minutes will be reviewed at the July 26 meeting.

New Business - Mr. Osgood and Mrs. McCourt gave an update on the Crestwood project.

Mrs. McCourt moved to adjourn the meeting at 9:15 p.m. Ms. Braiterman seconded.

Respectfully submitted,

Gail Abramowicz, Clerk
Planning Board


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