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Meeting Minutes |
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| Planning Board | |
| 2005 |
Town of Henniker
Planning Board
APPROVED
Town Hall
Members Present: Scott Osgood – Chairman, Kristin Claire – Vice Chair, Jim McElroy, Cordell Johnston, Terry Stamps, Gail Abramowicz – Board Members, Stephanie Alexander – Planning Consultant, and Lisa Demers – Recording Secretary.
Guests Present: Jennifer McCourt, Bette Sargent, Danielle Binotte, Don Blanchard, Joan O’Connor, Rick Humboldt, George (Jed) Dubriel, Earl Kalil, Richard Ladd, Doug Dimes, David Eilenberger, Cathy Mann, Blake Sutton.
Members Excused: Don Armstrong
Meeting called to order at 7:01 p.m.
Motion: Scott Osgood moved to approve the November 30, 2005 meeting minutes as edited. Seconded by Jim McElroy and unanimously approved.
Motion: Scott Osgood moved to approve the minutes of the December 6, 2005 special meeting as edited. Seconded by Jim McElroy and unanimously approved.
7:25 p.m. Case #2003-024. Diamond Drive Subdivision developed by Lance Moulton. Determination of fulfillment of Planning Board conditions for release of performance bond.
Motion: Scott Osgood moved to notify/recommend to the Selectmen to remove the
10% retainage to the Diamond Drive Subdivision. Seconded by Jim McElroy and
unanimously approved.
7:33 p.m. Case #2005-019. A major subdivision application has been submitted by Chase Brook Realty Trust for 20 open space residential development lots, plus one open space lot, on Map 1, Lot 583 at Flanders and Craney Hill Roads in the Rural Residential (RR) District.
Yield Plan Discussion
Kristin Claire – Do we have anything that further defines the buildable areas/steep slopes?
Richard Ladd – What this plan shows is the unbuildable areas. Mr. Ladd pointed to the yield plan showing the board that the “white” areas are buildable.
Krsitin Claire – Unbuildable meaning steep and wet?
Richard Ladd – Explained the wet area is listed in light blue, dark blue is the actual brook, gray is unbuildable.
Jim McElroy – Are the easements that exist on this property shown and subtracted from the available buildable area?
Richard Ladd – There are currently no easements on the property.
Jim McElroy – What about the road easement?
Richard Ladd - The road easement is not included in the buildable area. There will be a total of 17 buildable lots.
Terry Stamps – Is the 50’ buffer currently included?
Richard Ladd – Currently it is included.
Terry Stamps – In this 53 buildable you mentioned does that include the 50’ buffer?
Richard Ladd – Yes.
Scott Osgood – Did you breakdown the lots? Each one with how many acres it is?
Richard Ladd – They’re all at a minimum of 5 acres. Each lot has 2 acres of contiguous buildable land. Each has a minimum of a 125' frontage.
Open Space Discussion
Richard Ladd – Points out to the board the proposed houses with driveways and the “no cut zones”. We also took all the driveways and combined them to every other lot line and we extended the driveway straight through the no cut zone before we branched off so we would only cut into the no cut zone once versus twice. We also moved two wells. (Mr. Ladd pointing to his plan) so there are no protective well radii on the open land.
Roadways
A lengthy discussion regarding private vs. public roads was pursued.
Scott Osgood – Was concerned about how neighbors would maintain their road?
Kristin Claire – Everyone would have their own deeded right of way.
Jim McElroy – If it’s a private road, that means the town would not do any maintenance.
Kristin Claire – Stated she preferred private roadways vs. town owned.
Scott Osgood – Expressed his concerns for a private road and parking issues.
Earl Kalil - There will be an easement across the road, as shown on the plan, on Flanders Road. If the term of that easement is violated, then that home owner can take that person to court.
Jennifer McCourt – If the individual owners own it, they become more enforcement savvy. They then become more considerate.
Drainage
Scott Osgood – Asked Ms. McCourt to walk the board through where the drainage will be and will go.
Jennifer McCourt – Pointed out to the board where there was a cross culvert (existing), indicated there was another one further down on Flanders Road. The drainage actually goes through Chase Brook. Ms. McCourt also pointed out a high point in the road on Flanders Road and several ditch lines. She also indicated where these ditch lines would run off into the culverts.
Scott Osgood – Does it eventually get to the wetlands?
Jennifer McCourt – It does eventually get to the wetlands. That’s why we put riprap in the ditch and the check dams in the ditch, being gravel. Ms. McCourt also pointed out several lots on Craney Hill Road that would flow towards the wetlands (she pointed showing which ones on the map.) The wetlands is the drainage, so yes, the water will eventually flow to the wetlands. The main reason for doing the open space development is to protect the wetlands.
Open Space
Scott Osgood – Have you given any additional thought to what your plans are for the open space?
Earl Kalil – We’re waiting for the town to see if you want it. If the town wants it then we’ll be happy to give it to them. If the town doesn’t want it then we’ll find some other entity in the State of New Hampshire that will take it.
Scott Osgood – Have you talked with any of them?
Earl Kalil – No, but I’m sure the Society of Protective N.H. Forests would take it in a second.
Scott Osgood – I would like to make a recommendation. I would like to see a conservation group like Five Rivers, Piscataqua, or the Society of Trusts and Public Lands to take care of it.
Earl Kalil – Sure, I can contact one of these groups. We’d also be happy to set up a joint meeting with the Selectmen and the Conservation Group to go over options.
Scott Osgood – We will ask to be put on the agenda for the January 3, 2006 meeting.
Earl Kalil – Asked the Board to accept the application as complete tonight so they can move forward. If you want us to change something we will. We will do what ever you want us to do.
Scott Osgood – We want to hear from the Fire Chief, the Town Engineer, the Conservation Commission, and legal counsel. Is there anything else we want Chase Brook to do?
Earl Kalil – Do you have enough information to make an informed decision?
Cordell Johnston – requests the applicant waive the 65 day requirement for acting on the completed application.
Earl Kalil – Speaking on behalf of the applicant, agreed to extend the period for acting on the application to 130 days.
Scott Osgood – requests the applicant provide the information they are currently working on to the Town Engineer for his review. The applicant is also required to put together the deed language to be submitted to Legal Counsel.
Motion: Scott Osgood moved to accept the application as complete. Seconded by Gail Abramowicz, and approved by the other board members with Jim McElroy abstaining.
9:45 p.m. Case #2005-029. An application has been submitted by Yolande R.L. Nicknair Trust for a lot line adjustment between Map 2, Lot 1541 and Lot 154J on Juniper Ridge in the Village Proper (RV) District.
Motion: Gail Abramowicz moved to approve the lot line adjustment. Seconded by Jim McElroy and unanimously approved.
10:00 p.m. Case #2005-030. A conceptual discussion of a minor subdivision at 1 Atha’s Way/Old West Hopkinton Road on Map 1, Lot 381T, in the Residential Neighborhood (RN) District.
10:15 p.m. Zoning Amendment – Open Space Residential Development – Kristin Claire
11:15 p.m. Planning Board Budget for 2006 – Stephanie Alexander
11:20 p.m. Review Draft Revised Subdivision Application – Stephanie Alexander
11:45 p.m. Review Draft Revised Site Plan Review Application – Stephanie Alexander
Motion: Jim McElroy moved to adjourn the meeting at 12:15 a.m. Seconded by Gail Abramowicz and unanimously approved.
Submitted by Lisa Demers
Town of Henniker
Approved
November 30, 2005
Town Hall
Members Present: Scott Osgood, Chairman, Terry Stamps, Cordell Johnston, Jim McElroy, Board Members, Don Armstrong, Alternative Board Member, Stephanie Alexander, Planning Consultant, and Lisa Demers, Recording Secretary.
Members Excused: Kristin Claire, Vice Chairman, Gail Abramowicz, Board Member.
Guests Present: Gene Brown, Stephany Lavallee, Bob Stamps, Mike Tardiff - CNHRPC, Nick Alexander - CNHRPC, Bob & Lisa Nevins, Chief Gilbert Keith Gilbert, Roland Soucey – Building Inspector
Chairman Osgood called the meeting to order at 7:02 p.m.
Don Armstrong will be a voting member this evening in place of Kristin Claire.
Discussion Items:
7:02 p.m. Meeting Minutes
Meeting minutes from November 9, 2005 were reviewed and edited.
Motion: made by Mr. McElroy to approve the November 9, 2005 meeting minutes as edited. Seconded by Terry Stamps and approved unanimously.
Projects & Presentations:
7:15 p.m. Road Exactions – CNHRPC
Mike Tardiff addressed the board. He stated the initial agreement indicated a completion date, but additional steps are involved to develop the road standards and road policy. A letter of extension will be submitted by December 31, 2005.
Nick Alexander – stated he would have a draft outline for an approach that seems to fit a reasonable time frame and will address some concerns. He recommends the Planning Board establish a subcommittee. The road standards might need to be reviewed. The road standards need to be the town to build subdivisions in ways you want them to be built, up to current standards, and agree with Fire Safety and DOT. The road management plan would allow the town to understand what roads need to be improved and when and what the costs would be.
Terry Stamps – Are these months cumulative?
Nick Alexander – No. They are concurrent (6 month total)
Scott Osgood – My understanding is the way the laws are written, the only way you can assess an exaction is if it impacts a town’s infrastructure; ie: lighting, sewer, etc.
Mike Tardiff – We are able to quantify the impact of the road. The developer will not pay for the entire project however; the town needs to go through their process of funding their portion. This is what we are leading to right now.
Nick Alexander – If your road standards change then your calculations would change.
Mike Tardiff – You need to set up an even-handed approach.
Scott Osgood – Does the board feel they are in a position to do this now?
Cordell Johnston – We need to set up a subcommittee. Planning Board, Road Safety Highway Superintendent, and Fire Department issues need to be incorporated.
Don Armstrong – Stated he would be willing to work on the subcommittee.
Scott Osgood – Stephanie can coordinate members and help finalize the committee. Scott has instructed Stephanie to include Marty Davis on this as well.
7:30 p.m. Buildout Analysis – CNHRPC
Mike Tardiff – Addressed the board regarding digital parcel mapping.
Scott Osgood – Asked if the payback was better if they did it this way?
Mike Tardiff – It’s an interesting product to have/quantify what your zoning means to your ultimate population to the town. (he then handed out a build-out analysis from the town of Bow CNHRPC had done.)
Terry Stamps – How long was the Bow process?
Mike Tardiff – Six to eight months.
Don Armstrong – Is the older stuff impossible to process?
Mike Tardiff – It all depends. This is something that would need to be discussed as to what the board wants.
Scott Osgood – Find out what we do have. The Conservation Commission has some parcel mapping completed.
7:45 p.m. Presentation on Fire Safety – Fire Department
Keith Gilbert, Fire Chief Gilbert, presented a slide show regarding the following:
Presented a video on Fire Safety
Expressed interest in a close working relationship with the board.
Jim McElroy – Are you looking to be at the absolute front end of the planning process?
Chief Gilbert – Yes. He stated all submittals should be given to him first or concurrent with the Planning Board. Since your requirements for roadways are very different than mine, we need to get on the same page.
Stephanie Alexander – Since these issues have come to her attention, she has given a standard form to the fire/police departments and the Conservation Commission to make sure other departments are aware of what’s required. (Stephanie comprised a packet for subdivision applications and gave Chief Gilbert a copy to go over for comments and suggestions.)
After a lengthy discussion regarding cisterns, in home sprinkler systems, required 24’ roadways, change of use from residential to other, and Chief Gilbert’s ability to do trade-offs, the Chief Gilbert stated he would go over the subdivision packet and get back with Stephanie on his input.
Discussion Items:
8:50 p.m. Planning Board Response to Hopkinton’s College Hill Road Subdivion – Development of Regional Impact.
Stephanie Alexander – Addressed the forum – we’ve looked at the traffic impact assessment from Hopkinton. Ms. Alexander stated we are representing the town as abutters in this matter.
Cordell Johnston – Stated he wrote a letter to the Town of Hopkinton as a concerned citizen that expressed concerns with speed problems and the impact of a new development. He stated it is unrealistic for the police to patrol that road regularly.
Jim McElroy – Asked Stephanie if we have the status to make comments to the Hopkinton Planning Board. Stephanie replied “yes.”
Scott Osgood – Asked Stephanie what the Town of Hopkinton had to say about the traffic study. Stephanie replied “we have not received any further correspondence from Hopkinton as of yet.”
Don Armstrong – Asked “as an abutter should we state the study is inaccurate since a portion of the road does get closed?”
Jim McElroy – Stated we should send a letter stating we are looking forward to the new traffic study.
Cordell Johnston – My concern is that they may get it and have their meeting. We don’t have a right to reject their study, but we can review it. They may say you can look at it and come to the meeting, but we’re not going to give you another month to review it.
Scott Osgood – We need to submit something to the Town of Hopkinton before December 13, 2005.
Bob & Lisa Nevins – How do you relate abutting zoning from one town to the other?
Cordell Johnston – We have a 5 acre rule, they have a 2 acre rule. We could make a comment, but not on a legal standpoint.
Scott Osgood – Since the road has been upgraded, and with the potential new development, it will make things worse especially with police enforcement issues. The subdivision could be detrimental to the Town of Henniker.
Jim McElroy – Stated his concern at the fact that the subdivision will be more on the Henniker line than the Hopkinton line.
Lisa Nevins – Is concerned about the illegal use of ATV’s and the dilemma of who she should call? The Henniker Police? The Hopkinton Police? The Army Corps? No one is going to take responsibility.
Scott Osgood – Asked Stephanie Alexander if this was considered a regional impact. Ms. Alexander stated “yes.” Mr. Osgood stated that Mr. Johnston will draft a letter to the Town of Hopkinton. The Planning Board will meet Tuesday, December 6, 2005 at 5:15 p.m. at the Town Hall prior to the Henniker’s Selectman meeting to discuss the draft letter.
9:15 p.m. Zoning Ordinance and Definition Changes
Stephanie Alexander – Needs final changes to the zoning ordinance by December 5, 2005 for Town Council review.
Cordell Johnston – Suggests Terry Stamps write the amendments with Mr. Johnston assisting, for the amendment to the Henniker Zoning Ordinance, changes on Road Frontage, the Retail Square Footage, and the definition for condominium.
Bob Stamps – Presented his report on the Zoning Subcommittee.
Motion: Scott Osgood – moved to propose the amendments to minimum frontage requirements as recommended by the Zoning Committee. Seconded by Jim McElroy and unanimously approved.
Motion: After a lengthy discussion on retail zoning, Cordell Johnston moved to propose the building size limitation as recommended by the Zoning Subcommittee. Seconded by Don Armstrong and unanimously approved.
10:40 p.m. Building Codes
Stephany Lavallee – Stated Roland Soucey should be the person to go to for questions regarding codes. Complaints should only be handled by one person. There are too many people trying to handle things and they tend to make matters worse.
Roland – Stated he would speak with Peter Flynn to make sure this gets rectified.
Roland – The Town has me doing building inspections, but I don’t have a code to go by and nothing to reference.
After a lengthy discussion regarding Building Codes, it was stated that the Board needs to let the Town’s people know why it’s important to have a building permit.
The Planning Board will ask the Board of Selectmen to grant the building inspector the authority to use the current residential building code.
11:20 p.m. Zoning Definitions – Submitted by Stephanie Alexander
After a lengthy discussion on the definition on manufactured home vs. mobile homes, condex vs. condo, and condex vs. duplex, the Board agreed to add a condominium definition and modify the impact fee guidelines to alleviate confusion.
Jim McElroy – Suggested we make this document part of the application packet.
11:40 p.m. Scott Osgood moved to adjourn at 11:40 p.m. Seconded by Jim McElroy and unanimously approved.
TOWN OF HENNIKER
PLANNING BOARD
Revised: November 30, 2005
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Lisa Demers, Recording Secretary. Gail Abramowicz arrives late.
Guests Present:
Diane Knaefler, Richard Ladd, Leigh Bosse, Paul Mcinnis, D.R. Dimes, Elaine Forst, John Sargent, Bette Sargent, Don Blanchard, Jennifer McCourt, Peter Holden, David Plunkett, Janine Bates, Jed Bubreuil, Cathy Maynse, Rick Humboldt, Joan O’Connor, Bob Nevins, Lisa Nevins.
Chairman Osgood called the meeting to order at 7:01 p.m.
Don Armstrong will be a voting member this evening in place of Cordell Johnston, Selectman Ex-Officio.
Discussion Items:
7:01 p.m. Meeting Minutes
Meeting Minutes from October 26, 2005 were reviewed and edited.
MOTION made by Kristin Claire to approve the October 26, 2005 meeting minutes as edited. Seconded by Terry Stamps and approved unanimously.
7:15 p.m. Case #2003-024
Diamond Drive Subdivision developed by Lance Moulton. Determination of fulfillment of Planning Board conditions for release of performance bond.
Applicant was not present. No action has been taken at this time. Awaiting request from the Bond Agent for February 2004.
New Business:
7:25 p.m. Case #2005-027
A Voluntary Merger application has been submitted by Jacqueline Martin on behalf of Nelson D. and Rachel C. Maine Irrevocable Trust for Map 1, Lot 561 and Map 1, Lot 561A on Western Avenue in the Rural Residential (RR) District.
Applicant was not present. This item has been tabled till later in the meeting.
7:30 p.m. Case #2005-025
A Subdivision application has been submitted by Mark and Linda Davison and Marilyn Davison for a lot line adjustment between Map 1, Lot 96C and 96D at 6 & 8 Davison Road in the Medium Commercial (CM) District.
Don Blanchard spoke on behalf of Mark and Linda Davison and Marilyn Davison requesting a boundary line adjustment.
Completeness phase has been fulfilled.
MOTION Kristin Claire moved to adopt the completeness phase. Seconded by Gail Abramowicz and approved unanimously.
MOTION Jim McElroy moved to accept the application as complete; with waivers for the following three items:
1. 10’ setback.
2. USGS Benchmark.
3. Contours on all of lot 96D. No contours for 96C.
Seconded by Don Armstrong and approved unanimously.
7:50 p.m. Case #2005-026
A Subdivision application has been submitted by David and Linda Plunkett and Jeffrey Morse for a lot line adjustment between Map 2, Lot 369A and Map 1, Lot 359H at 11 Deer Run/21 Newton Road in the Village Commerce (CV) and the Residential Neighborhood (RN) Districts.
David Plunkett present with Don Blanchard representing Jeffrey Morse requesting a boundary line adjustment.
Completeness phase has been fulfilled.
MOTION Kristin Claire moved to approve the completeness phase. Seconded by Jim McElroy and approved unanimously.
MOTION Gail Abramowicz moved to approve the application request. Seconded by Terry Stamps and approved unanimously.
8:00 p.m. Case #2005-019
A major Subdivision application has been submitted by Chase Brook Realty Trust for 20 open space residential development lots, plus one open space lot, on Map 1, Lot 583 at Flanders and Craney Hill Roads in the Rural Residential (RR) District.
Richard Ladd from Chase Brook Settlement representing Chase Brook Realty Trust and Jennifer McCourt.
Richard Ladd conducted his briefing of the Open SpaceSubdivision plans. Although each lot varied in size, Mr. Ladd stated they were within the guidelines of the town’s requirements. Each lot would have it’s own water and septic facilities, the cul-de-sac area of the Subdivision would have it’s own roadway with the road plan being large enough for an eighteen wheeler to turn the corners with no apparent trouble. This giving the fire department ample room and access.
Kristin Claire asked to keep a buffer of trees along side Flanders & Craney Hill Road. Ms. McCourt and Mr. Ladd agreed that could be done.
Scott Osgood expressed his concerns of the 1 acre lot assessment with having the house, septic, and well all on the property. There was some talk of having a common well for the Subdivision, but Mr. Ladd assured the board that they planned appropriately so there would not be an issue having all three items on each plot.
Scott Osgood was also concerned that there were two properties that would have the septic and well systems located in the “open space” area. Mr. Ladd stated these systems could be adjusted and moved onto the plot.
Gail Abramowicz asked to limit the number of driveway accesses on Flanders Road.
Richard Ladd requested a bonus of three (3) extra lot sites, bringing the total Subdivision to twenty (20).
Scott Osgood asked why should the Board approve their application? What benefit is in it for the Town?
Jennifer McCourt stated the benefits for the town are as follow:
· The Trust would grant the remaining land to the town without any cost.
· There would be public access to the ATV/snowmobile trails, hiking trails, wildlife corridor, to name a few.
·
Jennifer McCourt also stated that the Conservation Committee was in favor of this plan.
After a lengthy discussion, it was decided that the applicant should reply to the following requests:
· Respond to every point in the check list letter.
· Submit original yield plan for buildable area.
· Follow-up on the fire department letter.
· Submit a drainage and erosion plan.
· Site walk scheduled for Saturday, November 19, 2005 at 9:00 a.m.
· Address community well issue.
MOTION made by Jim McElroy to continue discussion on December 14, 2005. Seconded by Kristin Claire and approved unanimously.
9:00 p.m. Case #2005-028
Henniker Farm and Country Store addition Site Plan, Map 2, Lot 264 at 18 Bradford Road, Medium Commercial (CM).
Kevin Mock from Henniker Farm and Country Store present.
Kevin is requesting a 20 x 40 addition for storage to be built on the rear of the grain room area of the store.
Mr. Mock stated that he is well within his boundary lines. There will be no heat put in the new storage area nor will there be windows, or lighting on the outside of the building. The exterior will match the current exterior of the store. There will be a door in the back for emergency access with ability to use during loading/unloading of items.
Since there would be no significant changes to the building, Mr. Mock requested a waiver from having a site plan review.
MOTION made by Kristin Claire to approve waiver. Seconded by Gail Abramowicz and approved unanimously.
New Business:
9:15 p.m. Case #2005-015
Rick Humboldt OSRD Subdivision, Map 1, Lot 752 on Route 114, Rural Residential (RR).
Rick Humboldt present with Peter Holden from Holden Engineering representing him.
Mr. Holden has briefed the board on a 55 and older housing development.
There will be 48 units in 24 duplex buildings. This development will have it’s own private utilities, roads, and private rubbish removal. Mr. Holden adding this will be a plus for the town since it won’t have to worry about taking care of the roadways and incurring additional cost on the town.
Mr. Holden also stated this property would consists of a “zero lot-line.”
Rick Humboldt asked if he could change the land from a (RR) to a commercial property.
Kristin Claire stated it would be a warrant article request and suggested Mr. Humboldt start the process.
Scott Osgood suggested Mr. Holden apply to submit a formal subdivision application.
9:50 p.m. Hopkinton’s College Hill Road Subdivision Development of Regional Impact: Traffic Impact Assessment.
Robert and Lisa Nevins were present to discuss their concerns regarding the traffic impact to College Hill Road should the Hopkinton Subdivision get approved.
Mr. Nevins stated since College Hill Road has been paved there has been a number of speeding vehicles on this road. With the proposed Subdivision and the increase of traffic flow he is very concerned about the road conditions, the lack of police patrol on both the Henniker and Hopkinton side along with the quality of life.
Scott Osgood stated the board needed to obtain input from another Board member, whom was not present. After speaking with this Board member, he would draft a letter to the Town of Hopkinton to relay their concerns.
Since this is a zoning issue, Mr. Osgood stated they needed to get their input as well.
No motion was taken.
10:20 p.m. Case #2003-027
A Voluntary Merger application has been submitted by Jacqueline Martin on behalf of Nelson D. and Rachel C. Maine Irrevocable Trust for Map 1, Lot 561 and Map 1, Lot 561A on Western Avenue in the Rural Residential (RR) District.
This item was discussed and tabled earlier in the night.
MOTION Jim McElroy moved that we approve the merger of Map 1, Lot 561 and Map 1, Lot 561A. Seconded by Kristin Claire and approved with Scott Osgood voting no.
10:30 p.m. Planning Board Budget for 2006
Discussed the 2006 budget and GIS system build-out plan.
10:40 p.m. Consultant’s Report
Discussed Consultant’s Report.
MOTION moved by Kristin Claire to adjourn at 10:55 p.m.
TOWN OF HENNIKER
PLANNING BOARD
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Stephany Marchut-Lavallee, Leon Parker, Ted Parkins, Michael Tardiff, Lucy St. John, Gene Brown, Dennis McCommish, Ted Parkins, Marty Davis, Bob Stamps, Rob Smith, Jennifer McCourt, Rudy Fuchs, Thomas Bell, Jean Lewis, Katherine Patenaude, Jack Krantz, and Lauren Mulligan.
Chairman Osgood called the meeting to order at 7:05 p.m.
Don Armstrong will be a voting member this evening in place of Cordell Johnston, Selectman Ex-Officio.
Action Item:
7:05 p.m. Case #2005-018
A Site Plan application has been submitted by Jean Buckley - Smith, Bucksmith LLC, for a lot line adjustment between Map 2 Lot 398-E1 and Lot 398-E2 on The Oaks Road in the Village Proper (RV) District.
The applicant is proposing a lot line adjustment between Map 2 Lot 398-E1 and Lot 398-E2, to create proper frontage for Lot 398-E1. The applicant has discovered that the frontage for Lot 398-E1 on the previous 1990 approved Subdivision plan is owned by the abutter across the road.
Scott Osgood reviewed the agenda item.
Terry Stamps summarized the site walk the Planning Board completed on Tuesday October 18, 2005. There were no items of concern or outstanding issues.
The Board reviewed and discussed the application.
MOTION made by Kristin Claire to approve the application #2005-018 revised August 2005 for a lot line adjustment. Seconded by Terry Stamps and approved unanimously.
Projects:
7:20 p.m. Road Exactions
Michael Tardiff, Executive Director from CNHRPC, reviewed the process of research. Mr. Tardiff asked if there had been any progress from the CIP Committee. The Planning Board CIP representative James McElroy was unavailable to report.
Mr. Tardiff introduced Lucy St. John. Ms. St. John reviewed research regarding road standards completed at this time.
Mr. Tardiff and Ms. St. John recommended that the next step could be to meet with the CIP Committee. Stephanie Alexander will coordinate with Peter Flynn to schedule Mr. Tardiff and Ms. St. John on the CIP Committee Agenda.
Jennifer McCourt suggested that Keith Gilbert, Henniker Fire Chief be included in road standard discussions. Mr. Tardiff and Ms. St. John agreed that including the Fire Chief would be a great idea.
Discussion Items:
8:05 p.m. Zoning Ordinance Changes
Bob Stamps, reviewed the scope of the Zoning Subcommittee. Mr. Stamps reviewed
the Charter and the process the Subcommittee followed.
Scott Osgood reviewed the process that this discussion will follow.
Mr. Stamps reviewed the topics to be discussed:
Ø Road Frontage Requirements
Ø Backland Lots in Rural Residential Districts
Ø Scenic Roads Protection
Ø Open Space Zoning
Ø Large Retail Restrictions
Ø Zoning Enforcement
8:10 p.m. Ted Parkins said both himself and Gene Brown worked on road frontage requirement recommendations. Mr. Parkins reviewed both the rationale and proposed changes.
Scott Osgood commented the backend lot was currently a Variance request to the ZBA and this proposed change would formalize the process.
Don Armstrong asked about the number of times a Backland Lot Subdivision could be done. There was an interactive discussion that determined this could be done as many times as the land would allow and meet all requirements. Discussion continued regarding distance between corridors. Other options discussed were open space development and traditional subdivision development.
Lauren Mulligan suggested a cluster type development to meet the concerns of distance between corridors. Ms. Mulligan asked about why this Backland lots proposed change is only for the Rural Residential. There was a conversation regarding other Zones and their needs. Don Armstrong voiced his concerns.
Lauren Mulligan said she would rather see one entrance out to the main road.
Jennifer McCourt said that if minimum distance requirements were added to this proposed change that a cluster development would be the logical outcome.
Lauren Mulligan said that when a backland lot is created right away areas should be part of the deed. Deed restrictions were discussed.
Lauren Mulligan said she felt that 5 acres with frontage of 200 feet within the Residential Neighborhood Districts is excessive. Conversation determined that the subcommittee did not intend to change the acreage only the frontage. This concern was determined to be a typographical error.
Jennifer McCourt said that if the road frontage is increased this will increase road maintenance.
Kristin Claire discussed the benefits of open space development with respect to roads.
Dennis McCommish said he was disappointed with the road frontage proposed change.
The Board discussed other options to address Mr. McCommish concerns such as open space or backland lots.
Marty Davis asked if this would cause the construction of additional roads in town.
Jennifer McCourt said she felt the frontage should be reassessed.
Lauren Mulligan made recommendations for road frontage.
Bob Stamps summarized the editorial changes for these proposed changes.
8:35 p.m. Marty Davis reviewed the recommendations for Henniker Scenic Roads Ordinance. Ms. Davis reviewed the intent, rationale, and RSA 231:157 & 158. Ms. Davis discussed the research completed to create this proposed change. The goal is to preserve scenic roads in Henniker. Preserving the scenic roads include concern for trees, stonewalls, maintenance, intersections, and speed limits.
Marty Davis said this is really a two-part process. The first piece is to have a process to designate a scenic road within Henniker. The second piece is to set the standards a scenic road within Henniker would be required to adhere to.
Jennifer McCourt said she had safety concerns. Ms. McCourt discussed East/West roads during winter.
Kristin Claire suggested the ordinance be more specific.
Lauren Mulligan said she could see both sides of this concern. Ms. Mulligan spoke to the enforcement issue.
Scott Osgood said that for developers subdivision regulations could be strengthened.
Katherine Patenaude spoke to the size of the tree as outlined in the proposed change.
Lauren Mulligan said she would like to broaden this ordinance to apply road standards in an effort to reflect the integrity of rural character.
Jennifer McCourt suggested a public hearing for road upgrades.
Bob Stamps summarized the editorial changes for these proposed changes.
The Planning Board agreed that this proposal becomes part of these road standards. Marty Davis agreed to participate in this process.
9:15 p.m. Stephany Marchut-Lavallee reviewed information regarding Henniker Zoning Enforcement. Ms. Marchut-Lavallee reviewed the research completed. There was an interactive conversation regarding enforcement.
Lauren Mulligan said she thought it would be appropriate to have a code enforcement officer.
9:35 p.m. Scott Osgood reviewed Open Space Zoning. Mr. Osgood reviewed the rationale and the flexibility of open space development. Kristin Claire presented the researched information.
There was an interactive conversation regarding open space development. The options of a density bonus were discussed.
10:10 p.m. Bob Stamps reviewed the rationale for proposed change for “Large Retail Store Limitation.” Mr. Stamps reviewed the proposed ordinance.
Bob Stamps summarized he will have the revised proposed changes to Stephanie Alexander by November 21, 2005.
10:30 p.m. The Board reviewed Zoning Definitions for Town Meeting 2006. The Board discussed the definitions and made editorial changes.
10:35 p.m. Meeting Minutes
Meeting Minutes from September 28, 2005 were reviewed and edited.
MOTION made by Kristin Claire to approve the September 28, 2005 meeting minutes as edited. Seconded by Scott Osgood and approved unanimously.
10:45 p.m. Meeting Minutes
Meeting Minutes from October 12, 2005 were reviewed and edited.
MOTION made by Terry Stamps to approve the October 12, 2005 meeting minutes as edited. Seconded by Kristin Claire and approved unanimously.
11:00 p.m. October 21, 2005 Zoning Board Agenda
The Board members reviewed this agenda item.
11:05 p.m. Correspondence
The Board reviewed correspondence received.
There was correspondence from the Town of Hopkinton regarding a recent application Hopkinton Case # 2005-21 Kenneth M. Desjardins Builders, deemed by Hopkinton as a regional impact. The traffic assessment was received from the Town of Hopkinton as requested by the Planning Board. Stephanie Alexander will make copies for each Board member and add this study to the next agenda as an action item.
Reports:
11:10 p.m. Consultant’s Report
Stephanie Alexander, Planning Consultant updated the Board on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the next regularly scheduled meeting on Wednesday, November 9, 2005. Stephanie Alexander provided a copy of her log for Board members to review.
11:20 p.m. Other Business
Scott Osgood, Chairman had a discussion regarding Roadway Improvement plans and the process they should follow.
MOTION made by Don Armstrong to adjourn the meeting. Seconded by Terry Stamps and approved unanimously.
Meeting adjourned at 11:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Members Present:
Scott Osgood, Chariman; Kristin Claire (arrived 7:10 p.m.), Vice Chairman; Cordell Johnston (left at 8:30 p.m.), Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Colleen Lynch, Alternate Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Angela Rook, Maurice Gagne, Matt Monahan, Dague Clark, Gail Woodward, Jean Lewis, Peter Flynn, Pam Smith, Peter St. Lawrence, Jennifer McCourt, LS White, Carl Martin, Jill Martin, Rob Smith, Earl Kalil, Rik Humboldt, and Daren Tinkham.
Chairman Osgood called the meeting to order at 7:00 p.m.
7:05 p.m. Meeting Minutes
Meeting Minutes from September 28, 2005 were unavailable and therefore would need to be postponed until the next scheduled packet.
Gail Abramowicz will call Deb in the Selectman’s Office to review a process for including the minutes in each Planning Board mailing packet.
New Business:
7:20 p.m. Case #2005-018
A Site Plan application has been submitted by Jean Buckley - Smith, Bucksmith LLC, for a lot line adjustment between Map 2 Lot 398-E1 and Lot 398-E2 on The Oaks Road in the Village Proper (RV) District.
Scott Osgood, Chairman recused himself from this Public Hearing Case #2005-018. Mr. Osgood asked James McElroy to facilitate this Public Hearing Case #2005-018.
James McElroy read the agenda item.
Mr. Robert Smith, Manager, The Oaks, reviewed the application for the Planning Board.
The applicant is proposing a lot line adjustment between Map 2 Lot 398-E1 and Lot 398-E2, to create proper frontage for Lot 398-E1. The applicant has discovered that the frontage for Lot 398-E1 on the previous 1990 approved Subdivision plan is owned by the abutter across the road.
Robert Smith reviewed the change for Board members to view on a large proposed plan submitted on September 21, 2005.
This lot line adjust plan will not create any new lots, nor are the proposed building sites changing in any way.
The Board reviewed the waivers requested and the pre-application review prepared by Stephanie Alexander, Planning Consultant, CNHRPC.
Kristin Claire voiced concerns about wetlands.
MOTION made by Cordell Johnston to accept application #2005-018 as complete. Seconded by Gail Abramowicz and approved unanimously.
Public comment opened 7:15 p.m.
Pam Smith, abutter voiced concerns of wetlands. Ms. Smith said this was a soggy piece of peat moss land that runs most of the length The Oaks Road. Ms. Smith voiced concerns regarding the waiver of soil testing and wetlands delineation.
Public comment closed 7:25 p.m.
Kristin Claire voiced concerns about approving a lot line adjustment not knowing if the applicant is going to have future concerns DES.
Cordell Johnston, suggested a site walk be scheduled.
Robert Smith said he wanted to point out this was a previously approved sub-division and all they are requesting is a lot adjustment to correct the mistaken road frontage concern.
James McElroy summarized that a site walk be scheduled to view the area to see the feasibility of access to the town road.
MOTION made by Cordell Johnston to continue this application #2005-018 to the next Planning Board meeting on October 26, 2005, in order to schedule a site walk. Seconded by Kristin Claire and approved unanimously.
The site walk is scheduled Tuesday, October 18, 2005 at 5:00 p.m. and the Board members will meet at the hammerhead.
Gail Abramowicz suggested a copy of the 1987 approved Subdivision might be helpful to the Board.
James McElroy asked Colleen Lynch to leave a memo for Stephanie Alexander to obtain the approved 1987 Subdivision.
Scott Osgood rejoined the Board.
7:40 p.m. Case #2005-020
A Site Plan application has been submitted by Angela Rook, of Angela Rae’s Boutique, on behalf of property owner Maurice Gagne, for a change of use from a commercial/services hair dressing shop to a commercial/retail boutique shop for Map 2, Lot 478 at 36 Main Street in the Village Commerce (CV) District.
Scott Osgood read the agenda item.
Angela Rook reviewed the application. Ms. Rook wants to open an upper scale boutique, located on 36 Main Street, Suite B, in Henniker, NH. The boutique is approximately 800 square feet and will consist of upper end consignment clothing, new clothing and gifts, such as candles, books, and antiques. Ms. Rook described the layout of the building.
Maurice Gagne, owner of the building reviewed the history of the building and described the types of tenants that have previously occupied the space.
James McElroy asked about parking. Ms. Rook reviewed there is parking available behind the building.
James McElroy asked about deliveries to the shop from UPS and Federal Express. Mr. McElroy asked if they would deliver to front or back of the shop and how frequent deliveries would be. Ms. Rook reviewed deliveries would come to the front, as there is no back access. She did not have an estimate of how many deliveries a week but could assume one weekly.
James McElroy asked about hours of operation. The applicant said 9:30 a.m. to 5:00 p.m., however this could fluctuate seasonally. Mr. McElroy asked if the boutique would be open on Saturdays. Ms. Rook said they would keep Saturday hours.
James McElroy asked about lighting after hours. The applicant said she would like to leave interior lights on after hours.
There was interactive discussion between the Board and the applicant regarding signage. The applicant was directed to the Board of Selectmen for sign regulations.
Cordell Johnston asked about physical changes to the interior of the building. The applicant said there would new paint and new carpeting.
Scott Osgood asked the Board to consider the site plan regulations and the requirements needed for completeness. He also reminded the Board that the applicant had met with Stephanie Alexander, the Planning Consultant and had been informed of the requirements.
Cordell Johnston said that due to the history of the building and no changes will be made to the building, he could waive pieces of the application.
James McElroy said the minimum he would like see is the building elevations.
Gail Abramowicz said that a digital picture would fulfill the need to see the building and location.
Terry Stamps said that due to the fact there have been previously approved commercial operations in the same location site plan requirements may be waived.
Angela Rook explained that she had no idea she needed to go before the Town until the day all information was due to be placed on this evening’s agenda.
Scott Osgood said he would ask if the applicant, to ask the Board for the waiver.
The applicant Angela Rook asked the Board for a waiver for the site plan requirements. The Board received and approved this request.
The lighting was discussed.
There will be no exterior lighting or lighted signs.
MOTION made by Cordell Johnston to accept application #2005-020 as complete. Seconded by Gail Abramowicz and approved unanimously.
Maurice Gagne offered to bring photos of the building for the file.
Gail Abramowicz asked Mr. Gagne to include a copy of the letter that Mr. Gagne advised he received from the Henniker Fire Department.
Scott Osgood said although the letter would be an asset to the file, he wanted the record to reflect the Board was not exercising any authority on fire inspections.
Public comment opened 8:05 p.m.
Mr. Peter Flynn, abutter spoke in support of Angela Rae’s Boutique and the improvements that owner Maurice Gagne has made over the years. Mr. Flynn attested there were no physical changes happening at this location.
Public comment closed 8:10 p.m.
MOTION made by Kristin Claire to approve application #2005-020 as submitted. Seconded by Gail Abramowicz and approved unanimously.
9:15 p.m. Case #2005-021
A Site Plan application has been submitted by Daren Tinkham, of Cyclesmith, for a bicycle repair shop (home business retail/service) with a 20’X24’ addition for Map 2 Lot 242 at 19 Main Street in the Village Proper (RV) District.
Scott Osgood read the agenda item.
Daren Tinkham reviewed his application. Mr. Tinkham wishes to add a small bicycle repair shop on the North side of his residence at the rear of the lot. The shop would operate Tuesday to Friday 10:00 am to 6:00 p.m. and Saturday 10:00 am to 3:00 pm during the months of April through October.
James McElroy asked about solvents, grease, and/or chemicals. Mr. Tinkham said he uses very little grease and chemicals. He uses a small amount of lubricant and cleaning solvents, which are biodegradable. Mr. McElroy asked how a chemical spill would be handled. The applicant said he would use Simple Green.
Kristin Claire asked about total square footage. The applicant said there would be 480 square feet.
Scott Osgood asked about plumbing in the addition. The applicant said if a customer needed a restroom they could access his own (applicant’s) home facilities would be offered.
Kristin Claire asked about lighting. The applicant said there would be no new lighting, however there was one motion light currently at the location.
Scott Osgood asked about parking. The applicant said he has parking for four cars and Zoning would require one parking spot.
MOTION made by Cordell Johnston to accept application #2005-021 as complete. Seconded by James McElroy Abramowicz and approved unanimously.
Public comment opened 8:25 p.m.
Peter Flynn, an abutter spoke in favor of Mr. Tinkham’s application. Mr. Flynn cited the improvements he has made at this locations and voiced support.
Public comment closed 8:05 p.m.
Gail Abramowicz reviewed items that needed to be added and/or updated on the proposed plan. Abutter Linda Martin is listed with two different lot #’s on the plat and the locus map of the proposed plan.
Gail Abramowicz said mailing addresses still needed to be added for Lots 240 and 243 on the proposed plan.
MOTION made by Cordell Johnston to approve application #2005-021 contingent upon updating the proposed plan with mailing addresses of Lot 240 and 243; and the correction of Linda Martin’s Lot number. Seconded by Kristin Claire and approved unanimously.
Conceptual Consultations:
8:30p.m. Case 2005-022. Peter Flynn for Town of Henniker – St. Theresa’s Church Subdivision, Map 2, Lot 240 at 9 Crescent Street, Village Proper (RV)
Mr. Peter Flynn, Henniker Town Administrator, reviewed that the voters of the Town of Henniker approved Warrant Article #32 in 2004. This Warrant Article gives the Town the authority to subdivide and sell off a portion of Map 2, Lot 240. The Henniker Selectmen have authorized Peter Flynn, Henniker Town Administrator, to act on their behalf with regard to this application.
There was an interactive discussion. Topics discussed were:
§ Water
§ Sewerage
§ Parking
§ History
§ Variance
§ Acreage
Peter Flynn, Henniker Town Administrator thanked the Board for their time.
8:45 p.m. Case 2005-023. Carl and Jill Martin Subdivision, Map 1, Lot 349 on Western Avenue, Rural Residential (RR)
Mr. Carl Martin reviewed his proposed plan to subdivide Map 1, Lot 349 of 13.56 acres into two separate lots each containing 5 acres or more.
There was an interactive discussion. Topics discussed were:
§ Road Frontage
§ Acreage
§ Easement
§ Contour of the lot
§ Buildable acreage
§ Wetlands
§ Shared Driveway
The Board advised the applicant if he had any other questions or concerns to follow up with the Planning Consultant, Stephanie Alexander.
9:00 p.m. Case 2005-015. Rick Humboldt OSRD Subdivision, Map1, Lot 752 on Route 114, Rural Residential (RR)
Matt Monahan, Holden Engineering and Surveying reviewed the proposed plan.
Kristin Claire asked if a traditional yield plan had been submitted. The applicant said a traditional plan had not been done.
There was an interactive discussion. Topics discussed were:
§ Septic
§ Well radii
§ Letter from Town Counsel
§ Density – 500% increase
§ Benefits of 55 and older housing
§ Buffers
§ Traditional yield plan
§ Available housing
§ Use of land
§ Open Space
§ Substantial benefits
§ Integrity and Character of the District
§ Deed Restrictions
§ Home Owners Association
Reports:
9:55 p.m. Zoning Sub-Committee
Colleen Lynch, Alternate Planning Consultant reported that Stephanie Alexander, Planning Consultant needs any Zoning changes by Wednesday, October 19, 2005 at noon.
10:00 p.m. Consultant’s Report
Colleen Lynch, Alternate Planning Consultant updated the Board on upcoming agenda applications. Ms. Lynch reviewed the draft agenda for the next scheduled meeting on Wednesday, October 26, 2005.
10:10 p.m. Other Business
Scott Osgood reviewed Planning Board correspondence.
Scott Osgood reported on information obtained at an Exactions seminar.
Jennifer McCourt brought information to the Board regarding public perception of the Zoning Sub-Committee meetings. The Board had an interactive discussion.
Scott Osgood reviewed the information received regarding the Ralph Joyce Subdivision Case # 2004-008. Chairman Osgood signed the mylars.
MOTION made by Scott Osgood to adjourn the meeting. Seconded by Gail Abramowicz and approved unanimously.
Meeting adjourned at 10:45 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; James McElroy, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Leon Parker, Ted Parkins, Michael Tardiff, and Lucy St. John.
Chairman Osgood called the meeting to order at 7:05 p.m.
Don Armstrong will be a voting member this evening in place of Cordell Johnston, Selectman Ex-Officio.
7:05 p.m. Meeting Minutes
Meeting Minutes from September 14, 2005 were reviewed and edited.
MOTION made by James McElroy to approve the September 14, 2005 meeting minutes as edited. Seconded by Don Armstrong and approved unanimously.
Projects:
7:20 p.m. Road Exactions
Michael Tardiff, Executive Director from CNHRPC, introduced Lucy St John to present to the Board. The scope of tonight’s presentation was to review the research completed at this time, ask the Board to answer a few questions, and to determine what entity CNHRPC will work with for the remainder of the project. Amanda Arnold, from CNHRPC did the research thus far on the project.
Lucy St. John provided each Board member with a copy of RSA 674:21. This RSA pertains to Exaction language.
Mr. Tardiff explained that this RSA is a result of a Supreme Court decision from 2004.
James McElroy asked if this would change based on other court cases. Mr. Tardiff explained this RSA 674:21 was designed to resolve the concern. It is not expected to change, however there is always that possibility.
Lucy St. John asked questions regarding road improvements in Henniker NH.
Michael Tardiff said their job is to make the Board’s job easier by an Exactions Policy.
Leon Parker said that the current approaches to a road plan are to fix up specific roads. The money is allocated on priority process.
Scott Osgood said a Road Standard is an independent process that needs to be directed by the Board of Selectmen and then the Planning Board.
James McElroy explained the CIP contains monies for Road Improvements, rather than maintenance. All of state and federal funded projects are included in the CIP.
Michael Tardiff and Lucy St.John discussed the need for a six-year plan and a long- range plan. Discussion continued regarding using the Master Plan as a basis for road upgrades. They discussed a need for a clear threshold based upon location and standards of roads to apply Exactions. Mr. Tardiff and Ms. St.John explained that incorporating roads into the CIP leads to a successful Exactions policy.
Michael Tardiff said he would be happy to go to a Selectmen meeting, and/or a subcommittee, as a next step in an effort to provide a multidisciplinary approach.
James McElroy said in his opinion CNHRPC should start looking at the policy assuming the CIP is going include and identify these road standards. While a mechanism gets put in place to identify process, this would happen concurrently while the CIP is updated. Pieces of an Exactions policy could get put into place, as this is an incremental process.
Scott Osgood said a sub-committee is premature.
Michael Tardiff said the framework of an Exaction’s policy should enable the Planning Board to apply Exactions in a fair and consistent manner.
The discussions determined the need for:
¨ Process;
¨ Long range road plan;
¨ Road standards.
Scott Osgood asked that at this time the Exaction policy continued to be worked on at the Planning Board level. Jim McElroy will speak to the CIP committee and Michael Tardiff will be placed on the next work session agenda regarding an Exactions Policy.
Discussion Items:
8:05 p.m. Planning Board’s Role in Fire Safety for Subdivisions
Stephanie Alexander reviewed a letter from the Henniker Fire Chief to Spencer Bennett.
Kristin Claire said she thought the Fire Chief recommendations should deem a
conditional approval.
James McElroy said this is a code issue not a land use issue.
Kristin Claire asked how to separate road safety and fire safety.
James McElroy said road safety affects the public at large.
Stephanie Alexander suggested for long term concerns fire protection could be added to
Site Plan and Sub-division regulations.
Scott Osgood said the review (fire, police, and highway) is part of the regulations.
Scott Osgood asked Stephanie Alexander to ask Keith Gilbert, Henniker Fire Chief
for input on what should be put in Site Plan and Subdivision regulations.
Stephanie Alexander said she would write a memo to Keith Gilbert, Henniker Fire Chief, asking for his input for the Site Plan and Subdivision regulations. She will forward examples of what other Town’s do.
8:25 p.m. Develop List for Subdivision Standard Conditions of Approval
Stephanie Alexander provided the Board with a draft copy. The Board approved the list.
8:30 p.m. Utilizing 202-10 Special Requirements for Large Scale Developments
Kristin Claire placed this item on the agenda to review the Article 202-101 from the Henniker Sub-division regulations. The Board discussed this Article to ensure all Board members were consistent in the understanding. The Board asked Stephanie Alexander to ask the Zoning Sub-committee to define the differences between duplexes and 2-family dwellings. Once defined than the regulations need to be updated to include duplexes.
8:50 p.m. Review Impact Fee Article for “Henniker Outlook”
The Board reviewed and edited the draft article prepared by Stephanie Alexander.
9:00 p.m. September 21, 2005 Zoning Board Agenda
The Board reviewed the ZBA agenda.
9:10 p.m. Correspondence
The Board reviewed correspondence received.
There was correspondence from the Town of Hopkinton regarding a recent application Hopkinton Case # 2005-21 Kenneth M. Desjardins Builders, deemed by Hopkinton as a regional impact.
The Board asked Stephanie Alexander to forward the minutes received from Hopkinton to Town of Henniker Fire, Police, and Highway departments. The Board asked that she include a cover letter advising those departments to forward any and all comments directly to the Hopkinton Planning Board. Additionally, the Board asked Stephanie Alexander to write a letter to the Town of Hopkinton requesting a copy of the executive summary of the traffic report that the town of Hopkinton has requested from the applicant.
The Board reviewed correspondence regarding the 30th Annual Municipal Law Lecture Series held around the state at various sites and various dates. Scott Osgood, Chairman encouraged all members to attend.
The Board reviewed correspondence the 2005 NH Office of Energy and Planning and Zoning Conference. Scott Osgood, Chairman encouraged all members to attend.
Reports:
9:40 p.m. Zoning Sub-Committee
Kristin Claire brought forth proposed language changes for Henniker Zoning Ordinance Article XXIV 133-115,133-117, and 133-119.
The Board had an interactive discussion and decided that a draft version would be needed. Kristin Claire will provide the Board with an updated draft for the next work session.
10:35 p.m. Consultant’s Report
Stephanie Alexander, Planning Consultant updated the Board on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the next regularly scheduled meeting on Wednesday, October 19, 2005. Stephanie Alexander provided a copy of her log for Board members to review.
10:45 p.m. Other Business
Scott Osgood, Chairman had a discussion regarding Roadway Improvement plans and the process they should follow.
MOTION made by Don Armstrong to adjourn the meeting. Seconded by Terry Stamps and approved unanimously.
Meeting adjourned at 11:00 p.m.
Respectfully,
Susan Thompson
Recording Secretary
PLANNING BOARD
Members Present:
Kristin Claire, Vice Chairman; Cordell Johnston, Selectman Ex-Officio (left at 9:00 p.m.); James McElroy, Board Member; Gail Abramowicz, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Marshall Connor, Ruth Lugar, Sandy Heino, Rick Rideout, Jon Rokeh, Richie Ladd, Earl Kalil, Jr., Rick Humboldt, Jim Bruss, and Judy Rice.
Vice Chairman Claire called the meeting to order at 7:05 p.m.
Don Armstrong will be a voting member this evening in place of Scott Osgood.
7:05 p.m. Meeting Minutes
Meeting Minutes from August 24, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the August 24, 2005 meeting minutes as edited. Seconded by James McElroy and approved unanimously.
Non Public Session draft minutes from August 24, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the Non Public Session draft minutes from August 24, 2005 meeting minutes as edited. Seconded by Gail Abramowicz and approved unanimously
New Business:
7:20 p.m. Case #2005-016
A Site Plan application has been submitted by Richard Rideout, Three Season Landscaping, on behalf of Michael Baker, property owner, for a change of use from an auto repair shop to a landscaping business for Map 2 Lot 439 at 9 Depot Hill Road in the Commercial Recreational District.
Kristin Claire read the application summary.
Richard Rideout, Owner of Three Season Landscaping introduced Ruth Lugar, Office Manager; Sandy Heino, of Sandy Heino Real Estate; Judy Rice, Designer; and Jim Bruss, of Bruss Construction Inc.
Richard Rideout reviewed the scope of the proposed plan.
Mr. Rideout provided the Board with an updated proposed plan including items noted on the site plan application review that were missing on the previous plan.
Judy Rice, Designer from Three Season Landscaping pointed out each of those items on the large display updated proposed plan.
James McElroy asked the applicant about elevations. Ms. Rice reviewed these with the Board.
James McElroy asked about the plantings depicted on the proposed plan. Richard Rideout reviewed the property and discussed their objective of softening and enhancing the property.
James McElroy asked about screening for the dumpster area. Mr. Rideout said they would be using plantings to screen the dumpster area.
Richard Rideout provided large copies of the proposed plan for all Board members to view.
James McElroy asked about drainage and grade of the property. Mr. Rideout reviewed the grading and the retaining wall. It was discussed the slope was less than 5% at the site.
James McElroy asked about the drainage of the area where the storage bins will be. Mr. Rideout explained the bins were made of concrete and the materials stored within were of a porous nature.
Richard Rideout discussed the three storm drains located on the property. Mr. Rideout reviewed the current path of drainage and explained the benefits of the current storm drains.
James McElroy asked about chemicals that would be stored at this location. Richard Rideout said he does not use chemicals. Mr. Rideout explained that his planting materials are all organic.
Kristin Claire asked about office space. Richard Rideout said the depot would be the office.
James McElroy asked about lighting. Jim Bruss, builder for this proposed project reviewed lighting plan.
Mr. Bruss said there would be 7 shielded lights on the building. He also said there would be 3 freestanding shielded incandescent lamps that in appearance mirror downtown town lamps. All lighting will run on a timer and extinguish at 10 p.m. The lamps will then be on motion from 10 p.m. to dawn.
James McElroy asked about native plantings. Mr. Rideout said his designer Ms. Rice does use native plants regularly in her design plans.
Kristin Claire asked about right-of-way. The applicant reviewed it was a deeded right-of-way for abutter Marshall Conor to obtain access to the shed. There are no clear dimensions noted on the deed.
Richard Rideout provided a schematic of the storage bins for Board members to review.
Kristin Claire asked for the square footage of the building. The applicant said it is 1,660 square feet.
Richard Rideout provided a letter of reference from Susan and Bob Pennock.
MOTION made by Cordell Johnston to accept application #2005-016 as complete. Seconded by Gail Abramowicz and approved unanimously.
Public hearing opened 8:00 p.m.
Kristin Claire read the letter of reference from Susan and Bob Pennock.
Marshall Connor spoke in favor and voiced support for this application
Public hearing closed 8:05 p.m.
MOTION made by Gail Abramowicz to approve application #2005-016 as submitted. Seconded by Cordell Johnston and approved unanimously.
Conceptual Consultations:
8:10p.m. Chase Brook Realty Trust Subdivision for Map 1, Lot 538, Flanders Road/Craney Hill Road In RR District
Richard Ladd, surveyor from RSL reviewed the plan.
Chase Brook Realty Trust, owner of Lot 583 on Flanders and Craney Hill Roads, to
sub-divide the parcel into seventeen 5-plus acres lots for residential (duplex)
development.
Kristin Claire asked the applicant if any thought had been given to an open space
development.
Richard Ladd presented a second plan to the Board that was 20 single homes, rather
than the 17 duplexes.
Kristin Claire asked the applicant about the increase to 20 units as per the Zoning
Ordinance only 17 lots are yielded.
Earl Kalil Jr., an attorney for the trust said in his opinion the Henniker Zoning 133-119 D
permitted density allows for the Planning Board to increase the density of the overall
tract.
There was a discussion regarding the ordinance.
The Board and the applicant had an interactive discussion regarding this proposed plan.
The topics discussed were:
Ø Open Space Development
Ø Lot Configuration
Ø Density
Ø Driveways
Ø Frontage
Ø Conservation Commission Involvement
Ø Land Trust
Ø The Existing House
The applicant summarized that under the second plan with 20 single family home 25.15 acres would be developed and approximately 61.9 acres would not be developed.
The applicant also said they would be willing to work with the Conservation Commission to find a land option for the undeveloped land that would be most suitable for Henniker.
The Board advised the applicant that however appealing the second plan is to the Board; Zoning does not allow an increase to the permitted density of the overall tract.
Earl Kalil asked that the Board request town counsel to review for an opinion, as in his opinion the Ordinance read to allow the Board to increase the permitted density.
The Board asked Stephanie Alexander to write a letter to Peter Flynn to request to Town Counsel to review the permitted density and/or if there was another area of the Ordinance that enables the Board to provide a density bonus.
8:40 p.m. Further Discussion on Humboldt OSRD Sub-division for Map1, Lot 752, Route 114 in RR District
The proposed Humboldt Open Space Residential Development (OSRD) would be located on Route 114 in Henniker, NH. This proposal is to subdivide a lot for the existing 2-family home and create 24 duplex units of 55 and older housing on the remaining parcel.
Rick Humboldt asked the Board if he could record this portion of the meeting. The Board advised he could as this was a Public Meeting.
Jon Rokeh reviewed the scope of the plan. He also said they had come back to the Board to engage in a discussion regarding the permitted density. He also said that in his opinion the Ordinance does allow for increased density to the overall tract.
The applicant summarized that under their proposed plan 20 acres would be developed and 35 acres of would not be developed. The Zoning allows for 10 lots and that under this proposed plan they were asking for 25 lots. The applicant further explained that 24 of the 25 lots requested would be for duplexes.
The Board shared they were going to write a letter to Town Counsel for clarification and asked that Stephanie Alexander, Planning Consultant would provide the response information to this applicant as well.
Reports:
9:00 p.m. Zoning Sub-Committee
There was a brief discussion regarding the mailing list for interested parties. The Board asked Kristin Claire to follow up on the mailing list and letter for interested parties.
9:05 p.m. Consultant’s Report
Stephanie Alexander, Planning Consultant updated the Board on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the next regularly scheduled meeting on Wednesday, September 28, 2005.
9:20 p.m. Other Business
Gail Abramowicz asked about residential building sprinkler systems and the Planning Board role.
Kristin Claire read correspondence regarding Hopkinton Map 212 Lot 4, 40 Old Concord Road and the town of Henniker is an abutter.
MOTION made by James McElroy to adjourn the meeting. Seconded by Gail Abramowicz and approved unanimously.
Meeting adjourned at 9:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Members Present:
Scott Osgood, Chairman; Cordell Johnston, Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Ted Parkins, S. Forster, and T. Bruen.
Chairman Osgood called the meeting to order at 7:05 p.m.
7:05 p.m. Meeting Minutes
Meeting Minutes from August 10, 2005 were reviewed and edited.
MOTION made by James McElroy to approve the August 10, 2005 meeting minutes as edited. Seconded by Don Armstrong and approved unanimously.
Discussion Items:
7:20 p.m. Conservation Commission Response to Case #2004-010 Forestry Information Submission
The Board reviewed the Conservation Commission’s Memo regarding the forestry information submitted on behalf of the Joyce sub-division on Mount Hunger Road.
The Board accepted the Conservation Commission’s findings.
MOTION made by Cordell Johnston to go into Non Public Session per RSA 91A: 3 to discuss pending litigation. Seconded by Jim McElroy approved unanimously.
7:30 p.m. The Board went into Non Public Session.
7:55 p.m. The Board returned to Public Session.
MOTION made by Cordell Johnston to go back to Public Session. Seconded by Jim McElroy and approved unanimously.
Scott Osgood reviewed the Judge’s findings as outlined in the Judge’s decision of March 31, 2005.
Ted Parkins asked what the consequences would be for the construction of the second building without obtaining the necessary permits.
The Board responded to Mr. Parkins by reviewing the actions the Town of Henniker has taken. The Board further explained this was not a Planning Board issue, but rather an issue to be directed to the Board of Selectman.
Stephen Forster expressed concerns regarding the Bennett Sub-division on Mount Hunger Road Case #2004-018 and voiced objections. Mr. Forster also asked how to review the road improvement plan.
The Board reviewed that the appropriate process had been followed. The Board further explained as an affected abutter he could request to view the plans at the Selectman’s meeting. If Mr. Forster had comments or concerns regarding the roadway improvement plan those could be expressed to the Board of Selectman.
The Board returned to discussing the Joyce Sub-division Case # 2004-010 and discussed the process a conditional approval follows.
The Board discussed the drainage issues, the forestry report, and the original submitted plan.
The Board further discussed the drainage impacts that result from driveways to a road that currently exists with soft shoulders. The Board discussed the need for an appropriate drainage plan.
The Board discussed the existing buildings at the site.
MOTION made by Gail Abramowicz to approve the Ralph Joyce Major Subdivision Application located on Mount Hunger Road Case # 2004-010 as received September 7, 2004, contingent upon the following condition as stated in Judge McGuire’s order of March 31, 2005:
“to address concerns about the impact on Mount Hunger Road from constructing driveways for the subdivision, the petitioner must still submit a drainage plan to be reviewed by the town’s engineering consultants and approved by the town before any building permits can be issued.”
Seconded by Cordell Johnston and approved unanimously.
9:10 p.m. Road Exactions
Stephanie Alexander said that Amanda Arnold would be the CNRPC staff person working on Henniker’s Road Exactions Policy. Ms. Alexander expressed Amanda Arnold’s desire to meet with the Planning Board to discuss their expectations.
The Board said they would like the opportunity to meet with Amanda Arnold to review the research. Amanda Arnold will be invited to attend the September 28, 2005 work session agenda to discuss the initial research.
9:15 p.m. Topic for Article for “Henniker Outlook” – Impact Fees?
The Board discussed and approved Impact Fees as a topic for an article to be placed in the “Henniker Outlook”.
Stephanie Alexander, Planning Consultant will write a draft article for the Board to review at a future meeting.
9:30 p.m. Open Space Residential Development
The Board discussed density of this type of development. The Board asked Stephanie Alexander, Planning Consultant to write a letter to Rick Humboldt. Mr. Humboldt was a recent guest who brought a conceptual consultation to the previous Planning Board meeting, regarding the above mentioned discussion.
9:45 p.m. Planning Board Meeting Schedule Review
The Board reviewed the schedule for the rest of the year. The Board rescheduled the November 23, 2005 meeting to be held on November 30, 2005. The Board also cancelled the meeting on December 7, 2005 and December 14, 2005 will be a business meeting.
9:55 p.m. Selection of Alternate Members
Terry Stamps asked for this item to be placed on the agenda. Ms. Stamps expressed a concern to fill the various positions. The Board said they would like a letter to be placed in the “Henniker Outlook”. Scott Osgood will ask Peter Flynn to post this notice to the public.
10:00 p.m. Planning Board’s Communication with Boards and Departments
The Planning Board requested that the ZBA agenda be included in the Planning Board work session packets.
The Board discussed the need to put all requests in writing to other boards and departments.
Reports
10:05 p.m. Zoning Sub-Committee
Scott Osgood reported that there was a informative meeting on August 18, 2005. Gene Brown gave a report on recommendations regarding various Zoning items including but not limited to acreage, frontage, and setbacks. Other attendees included Ted Parkins, Marty Davis, Stephany Marchut-Lavallee, Dennis McCommish, and Ed Ulmer.
10:15 p.m. Consultant’s Report
Stephanie Alexander, Planning Consultant updated the Board on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the next regularly scheduled meeting on Wednesday, September 14, 2005.
10:20 p.m. Other Business
Scott Osgood reviewed received correspondence. The Board decided that correspondence items such as letters from individuals should be copied and added to each packet.
MOTION made by James McElroy to adjourn the meeting. Cordell Johnston seconded and the motion was approved unanimously.
Meeting adjourned at 10:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Members Present:
Scott Osgood, Chairman; James McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Colleen Lynch, Alternate Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Thea Valvanis, Sumner Kalman, Lloyd Henderson, Linda McGuire, Spencer Bennett, Steve Bennett, Jennifer Dennis, Stephen Dennis, Don Blanchard, Ralph Joyce, Richard Rideout, Sandy Heino, Ruth Lugae, Ted Parkins, Michael Lepon, Theresa Maier, Gay Laberge, Jon Roken, Marty Davis, Rick Humbolt, Ted Kupper, and Marshall Connor.
Chairman Osgood called the meeting to order at 7:00 p.m.
Don Armstrong will be a voting member this evening in place of Mr. Cordell Johnston
7:10 p.m. Meeting Minutes
Meeting Minutes from July 27, 2005 were reviewed and edited.
MOTION made by James McElroy to approve the July 27, 2005 meeting minutes as edited. Seconded by Terry Stamps and approved unanimously.
Old Business
7:10 p.m. Case 2004-018 continuation
A Major Subdivision application has been submitted by Spencer Bennett, on behalf of Stephen E. Bennett, Jan Bennett, Christina Bennett, Judy Bennett-Brown, Dale Brown, Jeffrey Nesmith, and Stephanie Brown. The application is to create a 7-lot subdivision on Mt. Hunger Road, Map1, Lot 723 in the Rural Residential District.
Spencer Bennett advised the Board that Val Ingersol an abutter to Lot 723 wrote a letter to the Planning Board.
Scott Osgood read the letter from Val Ingersol.
Spencer Bennett reviewed the list of outstanding items.
Mr. Bennett advised the Soil Scientist has finished his work. The Soil Scientist stamp will be on final Mylars.
Scott Osgood clarified that HTA creates the plan on behalf the town. HTA will be paid from the applicant’s escrow. The plan would then need to be approved by Road Agent and Planning Board.
Stephen Bennett asked for a conditional approval. Spencer Bennett explained that the have committed to plans and financing for roadway improvements.
The Board asked the applicant to explain the road improvement plan. Mr. Spencer Bennett reviewed the roadway and the engineer design plan to improve the road. Increasing sight distance and diminishing the road rise and move the center of the road by about 12 feet helping to straightened the road.
Mr. Jim McElroy asked about the existing stonewall. The applicant advised that the stonewall will be moved while work is being done but will be returned when work is completed.
Mr. Don Armstrong asked about the width of the road. Mr. Spencer Bennett explained the road will be wider in areas but not will not change the road classification.
Public Hearing opened 7:40 p.m.
Mr. Ted Parkins asked about the timeframe of this project. Mr. Spencer Bennett said they wanted to start within the month and finish prior to the Christmas season.
Public Hearing closed 7:45 p.m.
MOTION made by Gail Abramowicz to approve the application contingent upon:
1. Final engineering plan for roadway improvements.
2. Roadway improvement construction.
3. Certified Soil Scientist Stamp on final plan.
4. Road easement language submitted and registered.
5. Road Agent approval of the roadway improvement design.
Seconded by James McElroy and approved unanimously.
7:50 p.m. Case 2004-010 continuation
A Major Subdivision Application has been submitted by Ralph R. Joyce for Map1, Lot 645-X on Mount Hunger Road in the Rural Residential Residential District for five lots.
Scott Osgood asked the applicant if anything new had been submitted.
Attorney Kalman advised no new materials had been submitted to the Board.
Attorney Kalman advised that his client had submitted a forestry report and that was the only outstanding issue.
The applicant at the last Planning Board meeting July 27, 2005 submitted the forestry report. This report has been forwarded to the Conservation Commission and the Board is awaiting the outcome
Attorney Kalman requested the Board act on the tree cutting issue. Attorney Kalman said if the tree cutting impacts the subdivision further review might be needed; however if the Conservation Commission finds no impact to the subdivision there would be no need for any further review.
Gail Abramowicz asked if the report was forwarded to the Conservation Commission. The Board members advised the report had been forwarded.
Scott Osgood reviewed the outstanding items.
1. Forestry report outcomes
2. Up to date set of plans be submitted
3. Drainage plans that address those concerns
Scott Osgood clarified items that needed to be added to the plans are driveway locations, slopes, and drainage as these all have impact to the safety of the road.
James McElroy asked that the construction that has happened at this time be added to the plans.
Scott Osgood said complete set of plans needs to be submitted.
Gail Abramowicz asked if letter was drafted to the Conservation Commission regarding the Forestry report submitted for their review. Colleen Lynch advised it was a verbal request.
Attorney Kalman read an excerpt regarding drainage from page 11 of the Judge’s report.
There was an interactive conversation between Attorney Kalman and Mr. Scott Osgood. They both reviewed the chronological events of this case and both summarized the interpretation of the information contained within the Judge’s report.
Scott Osgood outlined the review process the Board follows when reviewing an application for a Major Subdivision.
Attorney Kalman requested the Board approves and signs the plan.
James McElroy said the Conservation Commission had not yet responded regarding the Forestry Report.
Gail Abramowicz asked if a lack of response implies there are no concerns from the Conservation Commission. Other Board members responded that they did not think they could draw those conclusions based on the absence of a response from the Conservation Commission. Ms. Abramowicz asked that the Planning Consultant write a memo to the Conservation Commission outlining the time frame a response is needed by and that no response would be considered a response of no concerns.
Attorney Kalman asked if the Board would consider a conditional approval.
Mr. Joyce expressed his desire to obtain a conditional approval as the Forestry Report had been submitted previously.
MOTION made by Gail Abramowicz to approve the application contingent upon:
1. Conservation Commission findings of no concerns
2. Drainage Plan
3. Up to date plans submitted
There was no second and motion fails.
The Board asked the applicant if he would be submitting additional materials.
Attorney Kalman asked if the Board was acting under the advice of Legal Counsel.
Mr. Scott Osgood said the Board was acting as a Planning Board.
Attorney Kalman asked if the Board met with their Legal Counsel.
Mr. Scott Osgood indicated there had been conversation with Legal Counsel and the Board was acting in a manner of responsibility and dedication.
Attorney Kalman gave his opinion at this time. He outlined a time frame of facts and said that in his opinion the Board was acting in bad faith and dragging their feet in an attempt to prevent the applicant from moving ahead.
Scott Osgood asked the applicant if and when they would be submitting new information.
Attorney Kalman said it would appear the Board is not acting in a manner of good faith when the Motion could not raise a second.
Gail Abramowicz said the Board should put this case on the agenda for the meeting of August 24, 2005.
Scott Osgood asked the applicant if they would be submitting up to date plans.
Attorney Kalman said that the Judge did not indicate the applicant would need to provide a new plan.
Scott Osgood asked if that was Attorney Kalman’s opinion and Attorney Kalman responded in the affirmative.
James McElroy asked if the applicant would place the new construction on the plan as he requested.
Attorney Kalman said if the Board was acting in good faith, then the applicant would have considered adding the construction to the plans.
Mr. Scott Osgood tried to confirm if the applicant would be submitting any further plans or information, however this was not confirmed nor denied.
Gail Abramowicz suggested that the Board place this on the agenda for the August 24, 2005 work session meeting agenda. She further said if the applicant submits additional information they can notice it as a public hearing to expedite the applicant’s case. If the applicant does not submit any further information the Board can use the opportunity to review the Conservation Commission’s findings. Ms. Abramowicz also suggested the Board use the original plans submitted for a conditional approval.
Scott Osgood asked the Planning Consultant to place this item on the agenda for the next meeting.
Marty Davis asked if you are acting on good faith why did you start construction prior to obtaining all necessary approvals.
The applicant declined to answer.
8:30 p.m. Case 2005-012 continuation
A Minor Subdivision application has been submitted by Donald G. Blanchard, LLS, on behalf of Marianne Lafazan, property owner, and Jennifer L. and Stephen N. Dennis, applicant. The application is to create two lots from Map 1, Lot 355A7 at 15 Bacon Road in the Residential Neighborhood District.
Scott Osgood reviewed the site plan.
Mr. Donald Blanchard summarized this Minor Subdivision application. The site walk focus was to view the reduce frontage. Mr. Blanchard reviewed a Variance had been granted for this site for reduced frontage. The lot sizes do conform to the Zoning regulations.
Gail Abramowicz asked about the Plan reflecting both titles of Minor Subdivision and a Boundary Line Adjustment. This application is a Minor Subdivision not a Boundary Line Adjustment.
James miserly asked about driveway placement. Mr. Blanchard addressed the issue.
Scott Osgood asked the Board about completeness of this application.
MOTION made by James McElroy to accept this application as complete. Seconded by Don Armstrong and approved unanimously.
Scott Osgood reviewed the site walk minutes for members of the Board who were unable to make the site walk.
Gail Abramowicz asked if the letter from the ZBA had answered all concerns.
Public Hearing opened 8:45 p.m.
Theresa Maier asked if the letter received from ZBA was from the chairperson or the entire the Board? Does this Variance set precedence?
The Board responded that the Variance made sense after walking the site. The Board reviewed processes.
Public Hearing closed 8:50 p.m.
MOTION made by Don Armstrong to approve the application as submitted. Seconded by James McElroy and approved unanimously.
New Business
Conceptual Consultations
9:00 p.m.
Humboldt OSRD Major Subdivision, Map 1, Lot 752 (RR), Route 114
John Roche, from Holden Engineering & Surveying, inc. reviewed this proposed plan. The proposed Humboldt Open Space Residential Development (OSRD) would be located on Route 114 in Henniker, NH. This proposal is to subdivide a lot for the existing 2-family home and create 24 duplex units of 55 and older housing on the remaining parcel. The site is currently approximately 50 acres (+/-) with frontage along Route 114. The buildings will be two-family dwellings as permitted under the RR Zoning District, and will be served by an internal road off Route 114.
The Board and the applicant had an interactive discussion regarding this proposed plan. The topics discussed were:
o Septic design
o Water supply
o Wetlands
o Household demographics
o Homeowners’ Association
o Steep slopes and topography of land
o Density changes
o Internal road
o Traffic flow
o Utilities
o Lighting
o Fire protection system (water source)
o Common Open Space
o Lack of lot lines
o Recreational facilities
o Parking
o Architectural elevations
o Noise
Scott Osgood expressed concerns about the sheer number of units.
Scott Osgood asked about phasing and Growth Management Ordinance.
Terry Stamps said this could be a good use of the land.
Scott Osgood said there is a need for housing in the area.
Scott Osgood suggested the applicant speak with Fire Chief prior to applying.
Don Armstrong encouraged the applicant to speak with the Police Chief also.
9:45 p.m.
Three Seasons Landscaping Site Plan, Map2, Lot 439 (CR), Depot Hill Road
Richard Rideout, Owner of Three Seasons Landscaping introduced Ruth Lagarr, Office Manager; Sandy Heino, of Sandy Heino Real Estate; and Ted Cuper a topography specialist from Provan and Lorber.
Currently, Three Seasons Landscaping, Inc. (TSL, Inc), is a landscape design/build firm currently located in Hopkinton, NH. TSL, Inc. wishes to continue its existing operation in a location with the same purpose of providing design and landscaping services to residential properties.
TSL, Inc. recognizes the property at 9 Depot Hill Road to be historical and will take pleasure in restoring the property keeping its history in mind. The improvements will allow for required office space. TSL, Inc. does not initiate business on site, but would like the opportunity of prospective customers coming to the location to review their designs and scheduled projects. There is a plan to construct a storage area with bins beside the existing building.
The Board and the applicant had an interactive discussion regarding this proposed plan. The topics discussed were:
o Storage facility
o Equipment
o Employee
o Display gardens
o Material storage
o Parking
o Traffic
o Lighting
o Fencing
o Noise
o Signage
o Security
o Zoning
o Deliveries
o Business hours
o Site layout
Discussion Items
10:15 p.m. Zoning Committee Meeting Update
The next regularly scheduled meeting will be Thursday, August 18, 2005.
10:25 p.m. Planning Consultant’s Report
Colleen Lynch, Alternate Planning Consultant reviewed the draft agenda for the next work session.
10:35 p.m. Road Exactions Proposal
Scott Osgood reviewed Road Exactions Proposal with the Board.
MOTION made by James McElroy to accept the proposal from The Central New Hampshire Regional Planning Commission (CNHRPC). Seconded by Gail Abramowicz and approved unanimously.
MOTION made by James McElroy to adjourn the meeting. Terry Stamps seconded and the motion was approved unanimously.
Meeting adjourned at 11:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
July 13, 2005
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; (arrived 7:40 p.m.), Cordell Johnston, Selectman Ex-Officio; James McElroy, Board Member; Gail Abramowicz, Board Member; Angela Martin, Board Member; (left at 8:20 p.m.), Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Peter Flynn, Michael Tardiff, and Lucy St. John.
Chairman Osgood called the meeting to order at 7:05 p.m.
Don Armstrong will be a voting member this evening in place of Ms. Terry Stamps.
7:10 p.m. Meeting Minutes
Meeting Minutes from June 22, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the June 22, 2005 meeting minutes as edited. Seconded by James McElroy and approved unanimously.
Reports
7:10 p.m. CNHRPC Contract and Fee Structure
Mr. Peter Flynn asked the Board to postpone this discussion to a future time to be determined. The Board agreed.
7:15 p.m. Road Impact Fees, Michael Tardiff, CNHRPC
Mr. Michael Tardiff, Executive Interim Director, CNHRPC introduced Lucy St. John from CNHRPC. Mr. Tardiff explained he wanted to speak to the Board regarding the scope and direction the Board wanted to pursue with regards to Road Impact Fees and Exactations.
Don Armstrong said he would like to see policy in place for the Board to utilize Exactations. He would like methodology, definitions, and clear policy in place to follow.
James McElroy said he would like to explore which option is a better option for maintenance and mitigating increased development on the roads.
Scott Osgood said he would like to expand on Mr. McElroy’s concern. Does the town want one road standard or have different road standards for different applications.
Mr. Michael Tardiff responded that there would be difficulty in one-size fits all approach that is reached with impact fees. The exactations would allow the Board with a process that affords the Board flexibility.
Lucy St. John talked to the Board about key questions to answer when reviewing applications. Those questions are:
1) What type of road is it?
2) Does the road do what is needed?
3) What will it take to make the road do what is needed?
4) Who will do the road plan?
An interactive discussion followed. Road standards and parameters for the town of Henniker are a unique challenge due to the varying geography and topography of the town. Cumulative impact of sub-divisions and the need to enlist professional input were discussed.
A checklist style process policy was discussed. Mr. Tardiff said the process to create policy should include:
¨ Find a model (examples).
¨ Create a subcommittee to determine key concerns (discussions).
¨ Identify key questions.
¨ Create broad parameters.
¨ Review parameters ensuring an evenhanded approach.
Don Armstrong and James McElroy spoke in favor of exactions. Other Board members voiced support.
James McElroy said that impact fees create an administrative process that could be a concern to carry out and manage.
Scott Osgood asked Mike Tardiff to provide a process to:
1) Determine parameters for road exactions.
2) Revise road standards for Henniker.
3) Determine funding mechanism for consultation services.
Mr. Tardiff said he could provide the Board with a proposal outlining the above mentioned by mid August 2005.
Discussion Items
8:00 p.m. Growth Management Ordinance Philosophies
Mr. Michael Tardiff said he had concerns with a specific number for Growth Management Ordinances with respect to the defensibility. Mr. Tardiff discussed a process of periodic review that takes many changing factors such as current growth rate, abutting towns, and any other factors that determine growth trend.
There was an interactive philosophical discussion between the Board and Michael Tardiff regarding Growth Management Ordinance Philosophy.
8:15 p.m. School Impact Fee Guidelines Review
Cordell Johnston reviewed the research he completed. He provided the Board with a handout reviewing the applicability of Henniker Impact Fees. He referenced relevant statutes RSA 674:21 and 674:39
8:30 p.m. Zoning Committee Meeting Update
Kristin Claire reported on the Zoning Committee Meeting. A letter was generated and will be mailed out to members of the public who attended meetings for 2005 Warrant Articles. The Committee created a list of concerns to be prioritized into an action list.
8:40 p.m. Planning Consultant’s Report
Stephanie Alexander, Planning Consultant updated the Board on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the next regularly scheduled meeting on Wednesday, July 27, 2005. Stephanie Alexander will be on Vacation July 27, 2005 and August 10, 2005. Colleen Lynch will be here in Ms. Alexander’s absence.
9:00 p.m. Correspondence
Scott Osgood reviewed received correspondence.
MOTION made by James McElroy to adjourn the meeting. Cordell Johnston seconded and the motion was approved unanimously.
Meeting adjourned at 9:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
June 22, 2005
Members Present:
Scott Osgood, Chairman; Cordell Johnston (left at 8:05 p.m.), Selectman Ex-Officio; James McElroy, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; (arrived at 7:00 p.m.), Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Stephen Forester, Ted Parkins, Marty Davis and John Kjellman
Chairman Osgood called the meeting to order at 6:00 p.m.
6:05 p.m. Planning Board Informal Discussion of Impact Fees
Bruce Mayberry, Consultant and Author of Public School Impact Fees: Basis of Assessment – 2005, Henniker NH, Final Report made minor changes to the charts on page 2 of the letter submitted with the Final Report – School Impact Fees. There was an interactive discussion between Bruce Mayberry and the Planning Board Members reviewing the methodology and basis of the Final Report – School Impact Fees.
7:00 p.m.
Mr. Don Armstrong will be a voting member this evening in place of Ms. Angela Martin.
7:05 p.m. Meeting Minutes
Meeting Minutes from June 8, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the June 8, 2005 meeting minutes as edited. Seconded by James McElroy and approved unanimously.
School Impact Fees
7:10 p.m. Introduction to Impact Fees by the Planning Board
Scott Osgood introduced Mr. Bruce Mayberry to the Public. Scott Osgood reviewed the process and scope of School Impact Fees. Mr. Osgood reviewed the steps and accomplishments of the process completed at this time, as it relates to School Impact Fees in Henniker. He also shared the intent of the Planning Board, as it relates to School Impact Fees in Henniker, to accomplish during this meeting.
7:15 p.m. Presentation by Bruce Mayberrry, Consultant and Author of Public School Impact Fees: Basis of Assessment – 2005, Henniker NH, Final Report
Mr. Bruce Mayberry, Consultant and Author of Public School Impact Fees: Basis of
Assessment– 2005, Henniker NH, Final Report, spoke to the guests present. Mr. Mayberry,
explained that this report provides a detailed methodology for the calculation of proportionate
impact fees to offset the school capital cost impacts of new residential development in Henniker.
He reviewed the research details and the basis of the methodology used in this report. The school
impact fee schedule supported by this study is based on average enrollment characteristics of
housing in Henniker.
7:25 p.m. Public Hearing to Consider Adoption of School Impact Fees
Stephen Forester asked about the process of updating the fee schedule to compensate for inflation. Mr. Bruce Mayberry answered that the fee schedule would need to be reviewed periodically.
Marty Davis asked about existing homes in Henniker that change owners, and the impact it could have on enrollment. Mr. Mayberry explained that due to natural changing demographics that the report takes an average of all types enrollment characteristics of the household sizes and thus the impacts.
John Kjellman voiced concerns about changes of enrollment due to changes in the size of families. Mr. Mayberry answered his question.
Cordell Johnston asked if the impact fee assessment applies to all new sub-divisions or to new construction. Mr. Mayberry reviewed NH RSA 674:21. The Board had some discussion and determined further research must be done.
Marty Davis asked if Henniker does not issue Certificates of Occupancy’s how will the town assess and collect fees as outlined. The Board answered that they will need to draft policy once the above mentioned research is completed.
John Kjellman asked about the six-year rule and where will that money go. Mr. Bruce Mayberry answered that moneys collected usually goes to a town maintained account and ultimately goes to the school district. He further explained that at this time Henniker is repaying debt there is no reason to assume there would be any refunds. In the future by re-evaluating the formula periodically that is how the town would refrain from needing to provide refunds.
Ted Parkins asked why Henniker would want to refund any impact fees. Mr. Osgood said the town does not want to, however it the impact fees were not spent on capital improvements it would need to be returned as the impact fees are collected for that purpose.
Marty Davis asked Mr. Mayberry that if in his experiences has he witnessed Towns over improving because the money is bonus money. Mr. Mayberry said no, usually the monies are used to fund planned expenditures or used to pay back debt.
Don Armstrong said he thought the Board should have a clear definition when the assessment will happen.
John Kjellman asked about the implementation of the school impact fees and will it be effective tomorrow. Scott Osgood and Cordell Johnston said yes if during this meeting a motion to adopt this fee is passed.
Ted Parkins asked how do you apply an impact fee to a building that is under construction with no building permit or no lots recorded at the registry. The Board said that would be an unusual circumstances and other processes would be looked into by the appropriate town personnel.
Cordell Johnston said the NH RSA 674:21 is complicated and needs to be researched. Mr. Johnston will write draft guidelines for the Board to review.
Public Hearing Closed 8:05 p.m.
MOTION made by Scott Osgood to continue the discussion to consider adoption of school impact fees to the next regularly scheduled Planning Board work session on July 13, 2005. Seconded by James McElroy and approved unanimously.
Discussion Items
8:05 p.m. Zoning Committee Meeting Update
Ted Parkins reported he spoke to Leo Aucoin and he was going to contact all people on the list of interested public and invite them to upcoming meeting. Scott Osgood reported that Bob Stamps was elected as chairman and a broad agenda was set.
8:10 p.m. Planning Consultant’s Report
Stephanie Alexander updated the Board of the status of Case 2004 – 018 Bennett’s Mount Hunger Road Sub-Division. Ms. Alexander reported on upcoming agenda applications. Ms. Alexander reviewed the draft agenda for the work session scheduled for July 13, 2005.
8:25 p.m. Procedures for Amending Filed Phasing Plans
Stephanie Alexander asked the Board for a process for amending a previously filed and approved application. The Board advised the applicant must complete the following:
¨ No application is required, but fees for a public notice and abutter notification need to be paid at time of submission of the amended plan.
¨ Amended plan needs to be submitted at appropriate sizes and with the correct number of copies.
¨ A narrative needs to be submitted with the amended plan.
¨ Mylars needed for signature of the Chairman of the Planning Board.
¨ The amended plans need to be filed with the registry of deeds.
8:30 p.m. Procedures for Handling Growth Management Ordinance Provisions
Stephanie Alexander asked the Board how they would like to track the issuance of Building Permits that apply to Growth Management Ordinance. The Board asked Ms. Alexander to draft a memo to the Building Inspector. The memo is for the purpose of sharing the information that if more than 5 units are being constructed a Phase Plan is required before a building permit can be issued.
8:45 p.m. Correspondence
Mr. Scott Osgood read correspondence from public members regarding construction on Mount Hunger Road. Scott Osgood is going to respond to the letter addressed directly to the Planning Board. Town Counsel is currently handling this matter and all avenues are being pursued.
MOTION made by Jim McElroy to adjourn the meeting. Don Armstrong seconded and the motion was approved unanimously.
Meeting adjourned at 9:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston (left at 9:00 p.m.), Selectman Ex-Officio; James McElroy, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Board Member, Colleen Lynch, Alternate Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
John Kowalski, Keith Wing, Priscilla Dube, Leo Dube, Martha Sunderlund, Ed Bowser, and Ted Parkins, and Eric Johnson.
Chairman Osgood called the meeting to order at 7:00 p.m.
7:05 p.m. Meeting Minutes
Meeting Minutes from May 25, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the May 25, 2005 meeting minutes as edited. Seconded by James McElroy and approved unanimously.
Public Hearings
1. 7:10 p.m. Case #2005-018.
A continuation of a Major Subdivision application submitted by Spencer Bennett, on behalf of Stephen E. Bennett, Jan Bennett, Christina Bennett, Judith Northup-Bennett, Ross Bennett, Stephen Mark Bennett, Judy Bennett-Brown, Dale Brown, Jeffrey Nesmith and Stephanie Brown. The application is to create a 7-lot subdivision on Mount Hunger Road, Map 1. Lot 723 in the Rural Residential District.
The applicant requested that this hearing be removed from this evening’s agenda as he is still awaiting and compiling data needed.
2. 7:10 p.m. Case # 2005-011
Amendment to an existing approved Site Plan – An application to amend an existing approved Site Plan has been submitted by John Kowalski, owner of Riverside Precision Sheetmetal. The application is to construct a 32’ X 74’ addition to the existing structure located at 152 Western Avenue, Map 1 Lot 763, in the Rural Residential District.
Terry Stamps asked about the high water mark. The applicant said it was noted this was the edge of the flood plain.
Scott Osgood read a Memo from Stephanie Alexander; Planning Consultant outlining a conversation she had with Mr. Jeff Bleharczyk, NH DES regarding proposed plan concerns.
Ms. Stephanie Alexander noted in her Site Plan Application Review that the revised plans and accompanying narrative clarify most of these items; the applicant clarified the remainder on May 25, 2005 when they met. Colleen Lynch, Alternate Planning Consultant explained to the Board Members that Ms. Alexander left a note for the Board there were no outstanding issues with the proposed plan after her final review.
Scott Osgood asked Martha Sunderlund, Conservation Commission Representative if she had any questions or concerns.
Ms. Sunderlund reviewed her questions and most had already been addressed by the previous memos. Ms. Sunderlund reminded the applicant that erosion controls should be enacted prior to construction and stay in place until after the construction concludes and the site is stabilized.
MOTION made by Cordell Johnston to accept the application as complete. Seconded by Kristin Claire and accepted as complete unanimously.
7:20 p.m. Public Hearing opened.
No Public Comment.
7:20 p.m. Public Hearing closed.
Scott Osgood asked the applicant to title and date the proposed plan. The applicant dated and titled the plan at this time.
MOTION made by Cordell Johnston to approve the application as submitted. Seconded by James McElroy and approved unanimously.
Martha Sunderlund offered the Planning Board a copy of The Shoreline Protection Act and data sheets to explain The Shoreline Protection Act. The Board thanked Ms. Sunderlund and accepted the information. The information will be forwarded to the Planning Board Consultant and added to the Planning Board Library for future use.
Conceptual Consultations
7:30 p.m.
1. Site Plan for White Mountain Kettle Corn Company, LLC, Western Avenue, Map 2, and Lot 369B in the Commercial Village District.
Priscilla Dube reviewed the proposed plan for a new facility for their business, White Mountain Kettle Corn Company, LLC. The new proposed facility will be used for popping kettle corn, packaging and placing it in cartons, which will then be delivered to the distributor by Priscilla and Leo Dube.
There was discussion regarding traffic patterns, aroma control, parking, building doors, loading and unloading areas and abutters. There will be minimal impact to the site as there will be no construction outside. They will add a sign to help UPS and Fed-Ex find the correct location.
7:55 p.m.
2. Minor Subdivision for Edward Bowser, Western Avenue / Cote Hill Road, Map 1, and Lot 568-C in the Rural Residential District, 31.77 acres.
Mr. Edward Bowser reviewed this is a proposal for a minor subdivision to separate 5.6 acres encompassing the house and barn at the corner of Western Avenue and Cote Hill Road from the 31.77acres.
The Board discussed frontage, lot size, lot configuration, and access.
There was discussion regarding changing the proposed plan in order to meet Zoning Ordinances to prevent a land locked lot.
8:10 p.m. Impact Fees
Scott Osgood reported that Bruce Mayberry will be available to attend the June 22, 2005 Public Hearing regarding School Impact Fee Methodology.
The Board decided to start the June 22, 2005 meeting at 6:00 p.m. the public hearing will be scheduled for 7:00 p.m.
Scott Osgood reported he had a conversation with Michael Tardiff, Interim Executive Director CNHRPC regarding the Road Impact Fee Analysis. Mr. Tardiff suggested speaking with the Planning Board to discuss in detail the project’s progress to date and decide on the next course of action. The Board scheduled Mr. Tardiff to the come to the Planning Board Work Session on July 13, 2005 at 7:00 p.m.
8:15 p.m. The Planning Consultant’s Report
Stephanie Alexander, Planning Consultant provided Scott Osgood with a draft letter via email regarding mylars left at the town offices by Mr. Ralph Joyce. The Board discussed the letter. Scott Osgood will make the final edits to the letter and mail it to Mr. Joyce with a copy to Stephanie Alexander, Planning Consultant.
Colleen Lynch, Alternate Planning Consultant reported on behalf of Stephanie Alexander, Planning Consultant regarding:
ü Upcoming Lot Line Adjustment
ü Planning Board Schedule
ü Letter to Conservation Commission
8:45 p.m. Correspondence
There was no new correspondence to review.
8:50 p.m. Zoning Sub-committee Recruitment Effort
The Board discussed how to proceed with recruiting members for Zoning Sub-committee.
MOTION made by Kristin Claire to adjourn the meeting. Angela Martin seconded and the motion was approved unanimously.
Meeting adjourned at 9:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
May 25, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston (left at 9:40 p.m.), Selectman Ex-Officio; Gail Abramowicz, Board Member; James McElroy, Board Member; Terry Stamps (left at 10:00 p.m.), Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Marty Davis, Stephen Forster, Ted Parkins, Gene Brown, Roni Hardy, and Denise Rico.
Chairman Osgood called the meeting to order at 7:00 p.m.
7:05 p.m. Meeting Minutes
Meeting Minutes from May 11, 2005 were reviewed and edited.
MOTION made by Scott Osgood to approve the May 11, 2005 meeting minutes as edited. Seconded by Kristin Claire and approved unanimously.
7:15 p.m. Impact Fee Report
Planning Board members asked that this report be forwarded to Town Counsel for review and input.
The Board discussed the administration of School Impact Fees.
The Board members discussed the date June 22, 2005 as a potential date for Public Hearing. Stephanie Alexander will contact Mr. Bruce Mayberry to confirm his availability. Once availability is confirmed Ms. Alexander will schedule Public Hearing for June 22, 2005. Additionally, Ms. Alexander will request Peter Flynn to forward the School Impact Fee Final Report to Town Counsel for review and input.
Stephanie Alexander will place this item on June 8, 2005 Agenda as a business item for Planning Board members to review and discuss any questions or concerns regarding the report prior to the scheduled Public Hearing.
After the methodology is accepted the collection of the School Impact Fees goes to the Selectman to be administered by Peter Flynn and managed by Russ Roy, Town Finance Director.
7:35 p.m. The Joyce Case Discussion
Scott Osgood updated the Board. The judge denied the request for reconsideration. The applicant needs to return to the Planning Board to address the altered application, as trees and natural buffering have been removed changing the original proposed application. There was a lengthy discussion regarding the altered application.
8:35 p.m. Zoning Committee
The Board discussed the need for a diverse committee of citizens with varying opinions and viewpoints. The scope of the Zoning Sub-committee should be to deal with the the following issues: lot size, road frontage, width-to-depth ratios, open space ordinances and other lot characteristics, however, not limited to these concerns only.
The first meeting scheduled is Thursday, June 16, 2005 at 7:00 pm at the Henniker Town Hall. Scott Osgood will secure and confirm this space is available for the meeting. Kristin Claire and Scott Osgood will attend Zoning Sub-committee regularly. All Planning Board members are invited to attend the Zoning Sub-committee at any time.
Planning Board members will contact any interested individuals who want to participate on the Zoning Sub-committee.
The goal of the Zoning Sub-Committee will be to have information ready to share with public and the Planning Board by September 1, 2005.
9:00 p.m. Planning Board Meeting Schedule
Stephanie Alexander, Planning Consultant provided the Planning Board members an updated Planning Board Schedule that includes administrative dates.
9:10 p.m. Exactions
The Board reviewed state statute RSA 674:21 V (j). The Board discussed the process of obtaining experts in any particular subject area. The Board determined that the first step in determining the correct professional would be to contact Hoyle, Tanner & Associates, Inc and solicit their professional opinion and / or recommendation based on the scope of the study needed.
9:15 p.m. Hydrological Studies
Stephanie Alexander, Planning Consultant provided Board members with an informational sheet reviewing Hydrological Studies. The Board discussed the benefits of hydrological studies.
9:30 p.m. The Planning Consultant’s Report
Stephanie Alexander, Planning Consultant provided the Board members with a draft copy of a memo written to the Conservation Commission regarding Case # 2004-18 requesting input from Board members.
Ms. Alexander reported there was a request from Art Siciliano to meet with John Margeson, Highway Superintendent. John Margeson contacted Ms. Alexander and asked for a Planning Board member volunteer to attend the meeting. A Planning Board member will contact John Margeson and let him know the applicant was directed to an Engineer for assistance to develop an acceptable plan.
Ms. Alexander reported information regarding Class V and Class VI roads. The Board discussed road standards.
Ms. Alexander reported upcoming agenda items.
10:30 p.m. Correspondence
James McElroy reviewed piece of correspondence received from CNHRPC regarding historic sites.
MOTION made by Kristin Claire to adjourn the meeting. Gail Abramowicz seconded and the motion was approved unanimously.
Meeting adjourned at 10:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
May 11, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Selectman Ex-Officio; Gail Abramowicz, Board Member; Jim McElroy, Board Member; Terry Stamps, Board Member; Angela Martin, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Donald DiBuono, Ellen Harbour, Richard Harbour, Gene Brown, Stephen Forster, Art Siciliano, Terri Trier, Joe Trier, Ted Parkins, John Kowalski, Keith Wing Jr., Marty Davis, Allen Wilson, Ray Bigwood, and Robert Todd.
Chairman Osgood called the meeting to order at 7:00 p.m.
7:05 p.m. Meeting Minutes
Meeting Minutes from April 27, 2005 were reviewed and edited.
MOTION made by Jim McElroy to approve the April 27, 2005 meeting minutes as edited. Kristin Claire seconded and the motion was approved unanimously.
Public Hearings
1. 7:15 p.m. Case #2005-018.
A continuation of a Major Subdivision application submitted by Spencer Bennett, on behalf of Stephen E. Bennett, Jan Bennett, Christina Bennett, Judith Northup-Bennett, Ross Bennett, Stephen Mark Bennett, Judy Bennett-Brown, Dale Brown, Jeffrey Nesmith and Stephanie Brown. The application is to create a 7-lot subdivision on Mount Hunger Road, Map 1. Lot 723 in the Rural Residential District.
Scott Osgood asked if the applicant received copies of the letters containing questions posed by the Planning Board and the responses received from the various town departments. Stephanie Alexander said that Arthur Siciliano, representative of the applicant, had been provided faxed copies of the letters that had been sent to the town departments. The response letters were provided to Mr. Siciliano today.
Scott Osgood reviewed the letter from John Margeson, Highway Superintendent. Angela Martin said the sight-distance concern had not been addressed in the letter.
Scott Osgood shared the informational packet received from the town’s engineer HTA. The informational packet received today is extensive. A copy of the informational packet will be provided to the representative of the applicant Arthur Siciliano. Mr. Osgood summarized that preliminary information received from HTA notes the various factors in determining sight-distance.
Jim McElroy asked, based on that information, what would the applicant be required to provide. Arthur Siciliano said he would review the informational packet and then contact HTA, for their input to develop an acceptable plan.
Scott Osgood reviewed letters from the other Town Departments.
Gail Abramowicz highlighted a request from the Police Chief regarding additional speed signage.
Kristin Claire asked about Conservation Commission input and if those concerns were addressed. Discussion continued regarding the reconfiguration of the lots specifically the creation of the common land lot.
Stephanie Alexander read a letter received from the Conservation Commission dated April 19, 2005. Jim McElroy suggested providing the revised plans to the Commission for further review as the plans have been updated since their letter of April 19, 2005 was received.
Arthur Siciliano interjected that the common land lot was going to be increased to 10 acres and, therefore, there would be slight lot line adjustments to most if not all lots.
Arthur Siciliano requested a 90-day extension.
MOTION made by Jim McElroy to extend the Board’s deadline of May 26, 2005 to take action upon this application with a 90-day extension, terminating on August 24, 2005. Seconded by Gail Abramowicz and approved unanimously.
MOTION made by Jim McElroy to continue the discussion of this application to our next regularly scheduled meeting June 8, 2005, to allow the applicant adequate time to respond to the road issues and provide revised plans. Seconded by Angela Marin and approved unanimously.
2. 7:45 p.m. Case #2005-010.
Minor Subdivision Review – A Minor Subdivision Review application has been submitted by Ray Bigwood. The application is to create a 2-lot subdivision on Mount Hunger Road and Morse Road, Map 1, Lot 723B1, in the Rural Residential District.
Allen Wilson, representative of the applicant, reviewed the application.
Terry Stamps asked if the Board should move forward with this application while there is an ongoing boundary dispute.
Mr. Wilson introduced Robert Todd a Licensed Land Surveyor. Mr. Todd has completed a boundary analysis for Mr. Bigwood that has been included in the application.
Robert Todd reviewed his report to the Board. Mr. Todd concluded that the strip of the land Map 1 Lot 726 X1 in question was conveyed in 1962 as part of the Morse tract. Mr. Todd said that his conclusions, in respect to the strip in question, is misrepresented on the Town Tax Map and currently would be part of Mr. Bigwood’s tract of land.
Scott Osgood reviewed the process the Board must follow. Mr. Osgood said that the Board is in the completion phase of the application and information provided by the public is important and pertains to the completeness of this application.
Cordell Johnston voiced support and said it would be appropriate to gather information from the public.
Donald DiBuono, an abutter provided information that describes the Morse land in 1944. Mr. DiBuono also read deed language from later deeds. Mr. DiBuono also asked why, if this strip of land in question was part of the Bigwood lot, why was a past purchase needed for access to the property.
Scott Osgood said at this time there is contradictory evidence regarding boundary lines.
Kristin Claire said there were other concerns to be considered with the plan due to zoning.
Mr. Robert Todd suggested the abutters hire a land surveyor that can converse with him based on standard survey principles.
Cordell Johnston voiced concerns regarding the road. It was unclear whether the road is built to Class A or Class B standards. If it is not built to those standards, the minimum lot size is 10 acres, not 5 acres. It was agreed that the applicant would discuss this with the town road agent.
It was further agreed that the board could not take any action until the boundary dispute is resolved, and the board is not in a position to resolve that dispute.
MOTION made by Jim McElroy to deem application as incomplete due to boundary dispute and concerns regarding minimum lot size. Seconded by Kristin Claire and approved unanimously.
3. 8:15 p.m. Case # 2005-011
Amendment to an existing approved Site Plan – An application to amend an existing approved Site Plan has been submitted by John Kowalski, owner of Riverside Precession Sheetmetal. The application is to construct a 32’ X 74’ addition to the existing structure located at 152 Western Avenue, Map 1 Lot 763, in the Rural Residential District.
Keith Wing Jr. reviewed the application on behalf of the applicant John Kowalski. The application proposed is to expand an existing building for the purpose of storage, to move equipment around to promote a better workspace, and the last third of the proposed space would be used to house a new piece of equipment that eventually will replace an older machine. This addition would create a safer environment for the employees. They do not use any chemicals and there would be very little impact to the area. He further said there is relatively no noise and no waste as a result from this business.
The Board discussed the setback requirements under the Shoreline Protection Act. The Planning Consultant, Stephanie Alexander advised to determine exact state regulations research would be needed.
There was extensive conversation regarding what items are required on the proposed plan.
The applicant was provided with a copy of the Planning Consultant’s application review.
Scott Osgood reviewed the checklist the applicant had been provided compared to the proposed plan submitted. There were approximately 6 items missing out of the 20 items required.
MOTION made by Jim McElroy to deem the application as incomplete and continue until our next regularly scheduled Planning Board Meeting on June 8, 2005 due to missing items as outlined in the Planning Consultant’s application review. Seconded by Kristin Claire and approved unanimously.
The Joyce Case Discussion
9:05 p.m.
The Board discussed the Joyce Case. The process of reconsideration and appeal was discussed. There were interactive discussions with members of the public.
The Planning Consultant’s Report
9:55 p.m.
Stephanie Alexander reported upcoming agenda items. The Board provided topics and concerns that need to be addressed and scheduled for upcoming meetings. Ms. Alexander provided Board members with a schedule and contact information for herself. She was going to ask the office staff to post this information. The information will be posted to the public.
MOTION made by Cordell Johnston to adjourn the meeting. Angela Martin seconded and the motion was approved unanimously.
Meeting adjourned at 10:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
April 27, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman (arrived 7:10 p.m.); Cordell Johnston, Selectman Ex-Officio; Gail Abramowicz, Board Member; Jim McElroy, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Board Member; Kerrie Diers, Planning Consultant; Stephanie Alexander, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Bruce Spencer, Judy Bennett, Art Siciliano, Michael Pon, Stephen Bennett, Spencer Bennett, Rick Patenaude, Andy Mitchell, Peter Furmonavicius, Debra Archambault, David Archambault, Jody Keeler, Tom Clark, Wayne Patenaude, Ross D’Elia,
Chairman Osgood called the meeting to order at 7:05 p.m.
Minutes
7:05 p.m.
Meeting Minutes from April 13, 2005 were reviewed.
MOTION made by Cordell Johnston to approve minutes as submitted. Seconded by Jim McElroy and approved unanimously.
Public Hearings
7:10 p.m. Case # 2004-018
A continuation of a Major Subdivision application submitted by Spencer Bennett, on behalf of Stephen E. Bennett, Jan Bennett, Christina Bennett, Judith Northup-Bennett, Ross Bennett, Stephen Mark Bennett, Judy Bennett-Brown, Dale Brown, Jeffrey Nesmith and Stephanie Brown. The application is to create a 7-lot subdivision on Mount Hunger Road, Map 1. Lot 723 in the Rural Residential District.
Scott Osgood summarized the site walk. Scott Osgood said that the application was deemed conditionally complete. Mr. Osgood asked the applicant to review the application.
Arthur Siciliano reviewed the proposed application and highlighted the revisions made after the site walk to the proposed plan.
There was discussion regarding the stamping of the mylar by a certified wetland scientist. Kerrie Diers clarified a certified wetlands scientist must stamp final mylar for areas outside the septic area. The applicant asked if the Board would consider waiving this requirement. The applicant said any buildings on this proposed subdivision would be a great distance away from any wetlands on these lots.
Gail Abramowicz asked if there was any concern with having certified wetlands scientist delineate the wetlands. Arthur Siciliano said there was no concern however it would mean having someone review the work previously done. Jim McElroy spoke in favor of having a certified wetlands scientist delineate the wetlands.
The letter from the Conservation Commission notes concerns regarding steep slopes, run off patterns, and impacts to Pleasant Pond.
The Board verified NH RSA 482 requires that certified wetlands scientist delineate wetland and that a certified wetand scientist sign and stamp the final mylar.
The two-acre buildable area with less than 20% slope was depicted in an additional submission of the proposed plan. The submission plan was a large file copy. Kerrie Diers provided this file copy for the Board members to review
The driveway sight distance for lots 723 and 723A was discussed. During the site walk 200 feet was paced and reviewed. The consensus was that it was not a great line of sight distance however the Board questioned what are the regulations and have the regulations been met. Discussion continued and it was determined that the action taken at the site walk was informal. Scott Osgood asked the planning consultant to find out what and where the standard is derived from.
The proposed driveway easement language has been not submitted at this time. Kerrie Diers advised that no draft deed language for any easement had been submitted. The agreement between the owners for the common land language was previously submitted and is part of the file.
The applicant asked the Board to review the outstanding items they are looking for. Scott Osgood said the first item will be the certified wetlands scientist stamp and secondly the sight-distance measurement.
Jim McElroy said he would like a letter from police and highway departments regarding safety concerns.
7:40 p.m. Public Hearing Opened
Richard Patenaude asked if the driveway permit process would handle the sight distance concerns. Kristin Claire responded after reviewing the driveway permit, although the driveway permit requests the distance measurement but does not provide the requirement needed.
Richard Patenaude said this application looked good and well prepared.
7:45 p.m. Public Hearing Closed
Kristin Claire said if the Board was requiring letters from other town departments there should be specific questions outlined. The Board discussed the information they wanted to obtain.
Jim McElroy identified three sources the Board should obtain information regarding the sight distance concerns. Those sources are the Town Engineers, Road Agent, and Police Department. Mr. McElroy also said safety concerns should be reviewed by both Police and Highway Departments.
The Board summarized the five items needed to proceed with this application.
MOTION made by Jim McElroy to continue the discussion of this application pending input from other Town departments and consultants. Terry Stamps seconded the motion and it was approved unanimously.
7:55 p.m. Case#2004-008
Ross D’Elia, President, on behalf of HHP, INC, has submitted an application for an amendment to an existing site plan. The application is to construct two bin sorter buildings and a kiln building totaling approximately 33,256 square feet located at Map 1, Lot 553-B2 on Old Concord Road in the Heavy Commercial District (CH).
Ross D’Elia reviewed that this is an amendment to a previously approved, existing site plan to construct a 9,044 square feet enclosed bin sorter building, a 21,010 square feet bin sorter building and a 2,152 square feet kiln building. The enclosed bin sorter building is to house the machinery that sorts the lumber from the enclosed mill.
Mr. D’Elia reviewed parking, aesthetics of the building, the tree line, impacts to truck traffic, impacts to school population, stormwater, and detention pond
Jim McElroy asked about the impact to truck traffic. Ross D’Elia reviewed how this would automate the process and workflow currently used. The change to production will be slight, but this will allow the mill to offer a value-added product to their customers. Jim McElroy concluded there would be no impact to internal traffic patterns and Mr. D’Elia agreed.
Jim McElroy asked what powers the kiln. Ross D’Elia reviewed 4 separate steps that the business has taken to minimize the noise impact. Mr. D’Elia reviewed that at 10 feet the impact will be approximately 62 decibels (300 feet is approximately 43 decibels). Oil and heat pumps fire the kiln.
Scott Osgood asked if the kiln would run all year round. Ross D’Elia said the kiln would run all year long.
Jim McElroy asked what material would the new proposed structures be constructed of. Ross D’Elia said the interior sheeting is constructed of stainless steel and the outside wall will be galvanized steel. There are no sides to this building with a pitched roof.
Terry Stamps asked about noise created by the bin sorter. Ross D’Elia said this bin sorter would not create any additional noise.
Scott Osgood asked about drainage calculations. Ross D’Elia said he did not know if the engineer ran those calculations.
Jim McElroy asked about building elevations and if there was a concern for those to be added to the proposed plan. Scott Osgood said that was not of concern to him.
MOTION made by Cordell Johnston to accept the application as complete subject to correcting the abutters list, the addition of the engineers list, correct the spelling of the owners name and updating the approval block to reflect Map 1 correctly. Seconded by Gail Abramowicz and approved unanimously.
8:25 pm Public Hearing Opened
Dave Archambault expressed concerns regarding noise level and excess water drainage impacting Keyser Pond.
Andrew Mitchell voiced his concerns regarding noise. His concern with the study used, as example was that of it was done in a city environment and not a rural atmosphere. Mr. Mitchell pointed out background noise that exists in a city is much different than that of this rural area. Mr. Mitchell also expressed concerns of lighting and water runoff.
8:40 pm Public Hearing Closed
MOTION made by Cordell Johnston to approve the application subject to correcting the abutters list, the addition of the engineers list, correct the spelling of the owners name and updating the approval block to reflect Map 1 correctly. Seconded by Gail Abramowicz and approved unanimously.
8:45 p.m. Case # 2005-009
Wayne and Richard Patenaude, on behalf of Contoocook ArtesianWell submitted an application for an amendment to an existing site plan. The application is to construct additions totaling approximately 20,090 square feet located at Map 2, Lot 539-D located at Map 2, Lot 539-D located at 36 Weare Road in the Commercial Recreational District (CR).
Gail Abramowicz asked if any additional materials had been received since the site plan application review had been distributed. Kerrie Diers said no further information had been received.
Richard Patenaude reviewed the application and summarized the application was to add another garage bay to the previously approved existing site plan.
Kerrie Diers provided the file of the previously approved existing site plan. The Board compared the missing items to information contained in the file of the previously approved existing site plan.
The Board determined there were two items of concern. The location of dumpster needs to be added to the proposed plan and the applicant must provide the original application submitted on May 14, 2003.
MOTION made by Jim McElroy to accept the application as complete subject to the original application approved on May 14, 2003 being submitted with dumpster location added to the proposed plan. Seconded by Terry Stamps and approved unanimously.
9:00 pm Public Hearing Opened
No public comment.
9:00 pm Public Hearing Closed
MOTION made by Gail Abramowicz to approve the application subject to the original application approved on May 14, 2003 being submitted with dumpster location added to the plan. Seconded by Cordell Johnston and approved unanimously.
9:15 p.m. Case # 2005-007
Jody D. and Margaret L. Keeler on behalf of James and Brenda Connor Irrevocable Family Trust submitted an application for a Minor subdivision for condominium ownership. The application is to create condominium ownership for a new two family dwelling to be constructed at Map 1, Lot 238-B on Crescent Street in the Residential Village District (RV).
Jody Keeler presented his application. Mr. Keeler is here asking for a conditional approval. He would then bring an as built mylar with changes outlined in the April 14, 2005 letter from the applicant back to the Board for final approval.
The Board reviewed the list of waivers the applicant was requesting. The Board determined the applicant would still need to provide ground elevation contours, drainage, town utilities location, adding appropriate blocks for seals and signatures, correction of turn-around for Unit 1 and final language for “The Crescent Street Bylaws” and “Declaration of The Crescent Street Condominiums” to be added or submitted with the as built final mylar plan.
MOTION made by Scott Osgood to accept the application as complete subject to submitting and/or adding ground elevation contours, drainage, town utilities location, adding appropriate blocks for seals and signatures, correction of turn-around for Unit 1 and final language for “The Crescent Street Bylaws” and “Declaration of The Crescent Street Condominiums” to the as built final mylar plan. Seconded by Angela Martin and approved unanimously.
9:25 pm Public Hearing Opened
No public comment.
9:25 pm Public Hearing Closed
MOTION made by Cordell Johnston to approve the application subject submitting and/or adding ground elevation contours, drainage, town utilities location, adding appropriate blocks for seals and signatures, correction of turn-around for Unit 1 and final language for “The Crescent Street Bylaws” and “Declaration of The Crescent Street Condominiums” to the as built final mylar plan. Seconded by Kristin Claire and approved unanimously.
Conceptual Consultation
9:30 pm
Arthur Siciliano reviewed his proposed project at Map 1 Lot 580 on Chase Road North of Butter Road. The Board determined that Mr. Siciliano’s request for a road was a Board of Selectman function and he was referred to the Board of Selectman.
Minutes
9:35 p.m.
Meeting Minutes from April 16, 2005 site walk were reviewed and edited.
MOTION made by Cordell Johnston to approve April 16, 2005 site walk minutes as edited. Seconded by Jim McElroy and approved unanimously.
9:40 p.m.
Meeting Minutes from April 13, 2005 non-public session minutes were reviewed and edited.
MOTION made by Cordell Johnston to approve April 13, 2005 non-public session minutes as edited. Seconded by Gail Abramowicz and approved unanimously.
Other Business
9:45 pm
The Board discussed a Zoning Sub-committee formation in response to the public’s request and concerns of land usage. The members discussed the scope of the sub-committee should be and how to form this committee.
10:00 pm
Karrie Diers, Planning Consultant updated the Board members with upcoming agenda items.
MOTION made by Cordell Johnston to adjourn the meeting. Gail Abramowicz seconded and the motion was approved unanimously.
Meeting adjourned at 10:15 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
April 13, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Selectman ex-Officio; Gail Abramowicz, Board Member; Jim McElroy, Board Member; Angela Martin, Board Member; Don Armstrong, Alternate Board Member; Stephanie Alexander, Planning Consultant.
No recording secretary was in attendance.
Mr. Don Armstrong will be a voting this member this evening in place of Board Member Terry Stamps.
Guests Present:
No Guests were in attendance
Chairman Osgood called the meeting to order at 7:05 p.m.
Agenda Item 1 - Meeting Minutes
Meeting Minutes from March 24, 2005 were reviewed and edited.
MOTION made by Scott Osgood to approve the March 24, 2005 meeting minutes as edited. Don Armstrong seconded and the motion was approved unanimously. Motion passes.
Agenda Item 2
No one attended the meeting to address the Agenda item. The issue will be taken up if requested to be included in a future meeting.
Agenda Item 3 - Election of Officers
Planning Consultant Stephanie Alexander notified the board that the CNHRPC Executive Director Kerrie Diers has announced her resignation. She will be leaving the Planning Commission at the end of the month. Ms Alexander will be staying on as the Town of Henniker Planning Consultant.
MOTION made by Cordell Johnston to nominate Scott Osgood as Chairman, Seconded by Gail. No other nominees were offered. Board vote was unanimously in favor. Scott agreed to accept the position.
MOTION made by Cordell Johnston to nominate Kristin Claire as Vice Chairman. Seconded by Scott Osgood. No other nominees were offered. The Board voted unanimously in favor. Kristin accepted the position.
Discussed the position of Planning Board Secretary. No volunteers or nominations were offered. Duties are currently shared by Scott Osgood, Jim McElroy and Terry Stamps.
Agenda Item 5 –Other Business
7:58 vote taken to go into non-public session to discuss legal issues.
8:18 Non public session ended
Agenda Item 4 – Prioritize/ review items on work list
The list of April 9, 2005 containing recommendations of action items was reviewed. After extensive discussion the following items were identified as the priority items for Planning Board review this year.
Ø Finalize school impact fee
Ø Decide on Road Impact Fee
Ø Review Building Permit Requirements
Ø Review process for paving class 5 roads
Ø Review a requirement for upgrading roads affected by subdivisions.
Ø Review frontage requirements
Ø Review Lot size requirements
Ø Review Zoning Boundaries
Ø Factors to be considered are where commercial uses could be located, what are the conservation, and recreational uses on the areas
Ø Review open space residential development criteria
Ø Clarify home business criteria
Ø Review percentage of Land Use Change Tax going towards Land Conservation
A recommendation was made by Cordell Johnston to appoint a committee to research these items. A recommendation was made to invite attendees of the public hearings on the 2005 warrant articles. The board will include the formation of this committee on a future meeting agenda.
Other Business:
The issue of water supply frequently comes up in subdivision review. The Fire Department asks that consideration be given to requiring cisterns be provided with new subdivisions.
Scott Osgood asked if the Board could ask the Fire Department for technical details of installations that would meet these requirements. The Board agreed the request could be forwarded.
MOTION made by Cordell Johnston to adjourn the meeting. Kristin Claire seconded and the motion was approved unanimously.
Meeting adjourned at 9:03 p.m.
Respectfully,
Scott Osgood
TOWN OF HENNIKER
March 23, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Gail Abramowicz, Board Member; Jim McElroy, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Alternate Board Member; Rebecca Voegele, Planning Consultant, Kerrie Diers, Planning Consultant; and Susan Thompson, Recording Secretary.
Guests Present:
Leon Parker, Edith Hadley, Lorraine Knapton, Steve Bennett, Art Siciliano, Jon Routon, Brad Clark, Jean-Louis Nicknair, Dan Blanchard, Judy Northup Bennett, Jeffrey Holt, Bruce Spencer, Bill McGirr, Ted Parkins, Peg Keeler, Kevin Daniel, and Roger Belson,
Chairman Osgood called the meeting to order at 7:00 p.m.
Mr. Don Armstrong will be a voting member this evening in place of the absent Selectman Ex-Officio, Cordell Johnston.
7:05 p.m. Meeting Minutes
Meeting Minutes from February 9, 2005 were reviewed and edited.
MOTION made by Jim McElroy to approve the February 9, 2005 meeting minutes as edited. Don Armstrong seconded and the motion was approved unanimously. Motion passes.
Meeting Minutes from February 23, 2005 were reviewed and edited.
MOTION made by Kristin Claire to approve the February 23, 2005 meeting minutes as edited. Jim McElroy seconded and the motion was approved unanimously.
Meeting Minutes from March 2, 2005 were reviewed and edited.
MOTION made by Gail Abramowicz to approve the March 2, 2005 meeting minutes as edited. Kristin Claire seconded and the motion was approved unanimously.
Public Hearings
1. 7:25 p.m. Case #2005-003.
A Change of Use – Site Plan Review application has been submitted Jonathan B. Routon and Jeffrey W. Holt on behalf of Kenneth B. Routon and Gary E Blindt. The application is for Site Plan review and Change of Use acceptance for a new business to be located in the lower level of the Pop Schulz Market Building 15 Bridge Street, Map 2, Lot 471B in the Village Commerce (CV) District. Change of Use is proposed to turn a portion of the basement currently used for storage, into a bar / restaurant.
A response from Town Counsel was received today. She stated that because the applicants are seeking to open a new business in the building, they would need to obtain a special exception with respect to parking requirements. If the special exception is denied they apply for a Variance.
This information was given to the applicants.
Brad Clark, Corps of Engineers, Department of the Army submitted documentation regarding the easement and parking agreement to the Board. There were questions concerning the completeness of the information, which were not resolved.
Michael John Costello from the Henniker Fire Department submitted a letter regarding the proposed plan for Stone Bridge Pub. Mr. Costello cited several issues with the plan:
Ø Roadway
Ø Suppression Systems
Ø Egresses
Ø Interior Finish
Ø Knox Box
Ø Inspections
Mr. Costello also said there are various other items that will need to be addressed but the above list will give the applicant and the Board an idea of what will be expected and encouraged the applicant to please call with any questions.
The Board shared all information with the applicants.
The applicants asked questions regarding the ZBA process.
The applicants decided to withdraw their application at this time.
2. 7:50 p.m. Case #2004-18.
Major Subdivision Review - A Major Subdivision Review application has been submitted by Spencer Bennett. The application is to create a 7-lot subdivision on Mt. Hunger Road, Map 1, Lot 723 in the Rural Residential District.
Arthur Siciliano, Land Surveyor presented the application. Mr. Siciliano stated that reviewed this is a 7-lot residential subdivision with on-site septic systems, wells, and one non-building common land lot, which abuts Pleasant Pond. He also explained the change in lot numbers.
The applicant is requesting a waiver. The waiver request is to allow slopes up to 25% to be included in the 2-acre buildable area.
The Conservation Commission reviewed the plan. They had several concerns regarding the plan:
Ø Wetlands
Ø Drainage Channels
Ø Dredge and Fill effects
Ø Impact to Pleasant Pond
Heather Herrmann from NH Natural Heritage Bureau submitted a letter in response to Mr. Siciliano request for review. Ms. Herrmann stated in her letter “we currently have no recorded occurrences for sensitive species near this project area.” She also said “However, many areas have never been surveyed, or have only been surveyed for certain species. For some purposes, including legal requirements for state wetland permits, the fact that no species of concern are known to be present is sufficient. However, an on-site survey would provide better information on what species and communities are indeed present.”
There was conversation regarding soil testing, wetlands, and septic design. Arthur Siciliano said he was authorized to delineate wetlands on plans.
The Board discussed the waiver requested. The proposed building areas shown on the plan contain areas with greater than 25% slope. The Board determined that if the lot meets the requirement of Site Plan Review a waiver was unnecessary and the proposed plan would need to be updated to reflect this information.
MOTION made by Jim McElroy to accept the application as complete subject to renumbering of lots on proposed plan, updated phasing information on plan, update owner names, location and results of percolation test, State Subdivision approvals, copy of easements (driveway and right-of-way) and copy of deed language for common land. Seconded by Don Armstrong and approved unanimously.
The applicant and Board scheduled a Site Walk for April 16, 2005 at 9:00 a.m.
3. 8:35 p.m. Case #2005-006
Minor Subdivision Review – A Minor Subdivision Review application has been submitted by Peter Mellen on behalf of Edith Hadley and Lorraine Knapton. The application is to create a 2-lot subdivision at 16 Dodge Hill Road, Map 1, Lot 306, in the Residential Neighborhood District.
Peter Mellen, Land Surveyor presented the proposed plan on behalf of the applicants.
The applicant is requesting waivers for plat details 202-9: F, G, and
The Board determined that the waiver request for plat details 202-9 F, G, and H are unnecessary as the lot does not contain these conditions.
The Board discussed and read the requirement for 202-11 C. The Board determined the existing road meets these requirements.
Gail Abramowicz asked the applicant about the locus map and how it designates the new proposed lot. The conversation indicated while most applicants highlight the new lot it was not required by Hennikers regulations.
MOTION made by Jim McElroy to accept this application as complete. Seconded by Kristin Claire and approved unanimously.
8:50 p.m. Public Comment opened
No public comment.
8:55 p.m. Public Comment closed.
MOTION made by Kristin Claire to approve the application as submitted. Seconded by Jim McElroy and approved unanimously.
Conceptual Consultation
9:05 p.m.
Proposed Lot Line Adjustment consultation for Jean Louis and Yolande Nicknair. Map 1, Lot 154 J.
The Board and applicant discussed positioning of the house and driveway, easements, and sewerage.
Other Business
9:30 p.m. The Board discussed the vacancy on the Planning Board due to Mr. Geoffrey Hirsch’s recent resignation.
MOTION made by Scott Osgood to appoint Angela Martin to this position for the remainder of the year. Seconded by Gail Abramowicz and approved unanimously.
Angela Martin accepted this position as a Board Member.
Correspondence
9:45 p.m. Jim McElroy reported there would be a public hearing April 14th at CNHRPC regarding transportation.
Planning Consultant Report
9:50 p.m. Rebecca Voegele advised the road documents needed for the impact fee methodology study are in existence and she is working to obtain them for the Planning Consultant.
Rebecca Voegele informed the Board she would be relocating and introduced Kerrie Diers for CNHRPC as her replacement.
MOTION made by Gail Abramowicz to adjourn the meeting. Donald Armstrong seconded and the motion was approved unanimously. Motion Passes.
Meeting adjourned at 10:00 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
Approved Minutes
March 2, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Selectman Ex-Officio (left at 8:40 p.m.); Jim McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Alternate Board Member; Rebecca Voegele, Planning Consultant: and Susan Thompson, Recording Secretary.
Guests Present:
Jennifer Geaumont, Eric Geaumont, Susan Rainier, Kirk Spofford, Jon Routon, Jeff Holt, Brad Clark, Dennis Holt, Roger Belson, Grace Cohen, Art Siciliano, Kerry Ainsworth, John Weber, Rebecca Weber, Elizabeth Sheldon, and Stacey Goldberg.
Chairman Osgood called the meeting to order at 7:00 p.m.
Public Hearings
1. 7:05 p.m. Case #2005-002.
Kerry Ainsworth has submitted a Minor Subdivision application and Voluntary Merger. The application is to subdivide Map 1, Lot 324 on Old Hillsboro Road in the Rural Residential District into two parcels and then voluntarily merge the smaller newly created parcel with Map 1, Lot 322.
Arthur Scilliano, surveyor spoke on behalf of the applicant Kerry Ainsworth and reviewed the information submitted to the Planning Board. Mr. Sciliano explained that this is actually preliminary discussion as there are several outstanding items still needed for the application to be completed.
This is a Minor Subdivision application however no "new" lot will be created. The applicant has two parcels and the subdivision / voluntary merger will leave her with two parcels.
The Board reviewed frontage, boundaries, and wetlands. There was discussion regarding the access to the back of the lot.
The voluntary merger will be replaced with a lot line adjustment and then follow with a minor subdivision. The end result will be two lots one approximately 5 acres and the second will be 6.32 acres.
2. 7:25 p.m. Case #2005-003.
A Change of Use – Site Plan Review application has been submitted Jonathan B. Routon and Jeffrey W. Holt on behalf of Kenneth B. Routon and Gary E Blindt. The application is for Site Plan review and Change of Use acceptance for a new business to be located in the lower level of the Pop Schulz Market Building 15 Bridge Street, Map 2, Lot 471B in the Village Commerce (CV) District. Change of Use is proposed to turn a portion of the basement currently used for storage, into a bar / restaurant.
Jonathan Routon and Jeffrey Holt thanked the Board for their time and they highlighted the benefits to the community.
Rebecca Voegele raised two Zoning concerns and presented these to the Board.
The Board discussed the lot size and determined there was no need to request a Variance from the ZBA as this is an existing lot of record and predates the Zoning Ordinance.
Parking was then discussed and the applicants shared they have a verbal agreement with Dr. Roger Belson to lease 3 spaces. The Board then pondered whether Zoning Ordinances apply to a pre-existing building and lot. The Board then pondered the Zoning is applied to new construction of buildings and lots and therefore there was not a need to send the applicant to the ZBA, as parking will be addressed in Site Plan Regulations.
Representative of Army of Corps of Engineers Brad Clark spoke to the easement information regarding the right side of the building. He showed the Board the boundaries of the easement by highlighting the area on the proposed plan.
Kevin Daniels voiced concerns in regards to parking.
Cordell Johnston suggested the parking concerns be brought to the Town’s legal counsel for input and whether the Selectman opinion of 1987 is binding.
Angela Martin asked what exactly the late night activities on the proposed plan would include. The applicant advised karoke, open microphone, and comedy would be examples of late night operations.
Scott Osgood said survey details might be needed. Plat details would need to certified on plan and documentation of easements and such.
The Board outlined for the applicant the following items that still need to be accomplished or completed and added to the existing proposed plan:
Abutter information
Lighting
Easements
Survey details
Plat details
Scott Osgood will request that Peter Flynn will ask town counsel for direction regarding the issues of parking and whether the Selectman’s 1987-1988 written opinion is binding on the Planning Board.
MOTION made by Gail Abramowicz to continue this hearing until March 23, 2005. Seconded by Jim McElroy and approved unanimously.
3. 8:15 p.m. Case #2005-004.
Rebecca and John Weber have submitted a Change of Use – Site Plan Review application. The application is for Site Plan review and Change of Use acceptance for a new business to be located at 48 Main Street, Map 1, Lot 486 in the Village Commerce (CV) District. At present this is a single family home, zoned for commercial use. Change of Use is proposed to convert home to house Quilted Threads, a retail quilt shop doing business in Henniker since June 2002.
Scott Osgood recused himself from this hearing. Kristin Claire read the application.
Rebecca Weber updated the Board with new information regarding the application.
Responded to Board’s concerns of parking and lighting. Documentation is in the file.
MOTION made by Cordell Johnston to accept application as complete. Seconded by Jim McElroy and approved unanimously.
Public hearing opened
No public comment.
Public hearing closed
MOTION made by Gail Abramowicz to approve the application as submitted. Seconded by Terry Stamps and approved unanimously.
The Board members complimented the applicant on their thoroughness of the application.
Scott Osgood rejoined the Board.
4. 8:55 p.m. Case #2005-005.
Larry E. and Nanette A. Colby have submitted a Voluntary Merger. The request for a voluntary merger is for Map 1, Lot 562 (partial piece) to Lot 562B. The property is located on Browns Way in the Rural Residential District.
The Board members reviewed the request and determined that it was complete. The request was signed for the file.
Other Business
9:00 p.m. The Board members discussed the need for a Board member to be named as secretary. They discussed many options. This will be resolved in April 2005, when the election of officers happens for 2005.
9:10 p.m. Correspondence
The Board reviewed correspondence.
Don Armstrong provided each Board member with a copy of an article titled, Anti-Sprawl Laws, Property Rights Collide in Oregon for reading purposes.
9:20 p.m. Planning Consultant Report
Rebecca Voegele updated the Board with upcoming meeting schedules.
The Board discussed the need with Ms. Voegele to obtain information regarding road standards from the Road Agent.
MOTION made by Jim McElroy to adjourn the meeting. Gail Abramowicz seconded and the motion was approved unanimously. Motion Passes.
Meeting adjourned at 9:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
Approved Minutes
February 23, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston, Selectman Ex-Officio; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Alternate Board Member; and Susan Thompson, Recording Secretary.
Guests Present:
Bruce Mayberry, Planning Consultant
Chairman Osgood called the meeting to order at 7:05 p.m.
School and Road Impact Fees
7:10 p.m. Schools
Bruce Mayberry, Planning Consultant from CNHRPC presented the draft report for public school impact fees basis of assessment – 2005 for Henniker NH. He compared the initial report of December 2004 to his report presented this evening.
The report provided a detailed methodology for the calculation of proportionate impact fees to offset the school capital cost impacts of new residential development in Henniker. He talked about the detailed research conducted as part of the study:
Average enrollment impact of housing development specific to Henniker
Public school enrollment in Henniker
Property assessment data Henniker
Provide documentation of the basis for school impact fee assessment amounts
These impact fees may be assessed to new residential development under the terms of the town’s impact fee ordinance. The resulting revenues and interest on impact fee accounts may be used to construct school facility capacity, or to recoup capital expenditures made in the past to create sufficient capacity to accommodate enrollment generated by new development.
The primary determinants of the school impact fee schedules developed in the study are:
Enrollment generated per housing unit
Quantity of school floor area required per pupil
Cost of school development per square foot less state building aid
Credit allowances in the formula for past and future property tax payments by the assessed property to provide adequate capacity to serve existing enrollment.
The school impact fee schedule supported by this study is based on the average enrollment characteristics of housing in Henniker.
The general structure of the formula for school impact fee assessment for Henniker is as follows:
Enrollment per housing unit by grade level
Multiplied by square feet of school facility space required per pupil (by grade level)
Multiplied by estimated gross development cost per square foot of facility space (by grade level)
Less state building aid @ 30% for K-8 and 40% for grades 9-12
Less credit allowances for taxes paid for capacity needs of existing development
This would then equal Henniker school impact fee assessment per dwelling unit
Scott Osgood asked who would pay the impact fee, the developer or the homebuyer. Bruce Mayberry said typically the developer would incur the cost, however it is an industry fact that the cost associated with impact fees is directly passed onto the homebuyer.
Gail Abramowicz asked about the return of funds after the six-year period if there was no expense generated by the impact. Earlier discussion determined the developers typically pass the expense onto the buyer. Bruce Mayberry explained that in Henniker’s situation the funds could be used to payback funds already used to build anticipated capacity.
Cordell Johnston asked the effect of the impact fees in the future when the bonds have been satisfied. Bruce Mayberry answered this by explaining when the bonds responsibility have been satisfied (2011 and 2015) it would be in Henniker’s best interest to review the public school expenses and the direct relationship to the need for the impact fees.
Terry Stamps asked about factors that would increase the school capital expenditures that are not enrollment based. She used computer labs as an example of an improvement that due to technical changes may need to be remolded and / or reconfigured. Bruce Mayberry said there could be if it was an improvement that enhanced enrollment, however general repairs and maintenance should not be considered as they are not capital improvement but rather normal ‘wear and tear’. Mr. Mayberry will make a list of capital improvements that are not enrollment based. .
Gail Abramowicz asked about the Planning Board’s charge. Henniker has previously approved the Impact Fee Ordinance. This presentation is the methodology that the town could choose to use. The Board could also choose to discount the fee schedule however; Mr. Mayberry recommends if a discount is considered it should be considered and applied to all building types evenly, such as a percentage discount.
Scott Osgood said the discount should be reviewed yearly. Bruce Mayberry said the other numbers that go into the formula should also be reviewed. Terry Stamps agreed with this.
Bruce Mayberry suggests that yearly review may be too frequent and he would suggest a review be completed every 2 or 3 years. Mr. Mayberry said that once the methodology and formula is in place the review process should be minimal.
Bruce Mayberry suggested that this draft report go to Town Counsel for input. He then suggested the Board schedule a public hearing for public input and then vote to adopt schedule A or B from the report submitted.
8:00 p.m. Roads
Bruce Mayberry provided the Board Members information collected and information still needed. Information needed from Henniker is the following:
Henniker’s RSMS (Road Service Management System)data from Road Agent
Henniker’s 5 year road management plan from Road Agent or CIP
Review of highway and bridge project list to add any known and/or anticipated projects
Mr. Mayberry explained that a methodology comes down to what is the average trip length? Additionally, should the town be broken down into districts or geographic areas to determine if one area should be assessed at one rate and another area should be assessed at another rate. Mr. Mayberry said the most accepted methodology is to assess areas and districts based by their unique travel paths and trip lengths, rather than to assess a town wide impact fee.
Exactions were discussed. Exactions can pertain to roads, drainage, water, and/or sewage.
Cost of improvement to bring them up to the approved road standard. Growth and existing demands not the annual maintenance needs.
The Board discussed the intent of a road impact fee. An impact fee is a one-time standardized fee assessed at the beginning of construction that is a generalized assessment town wide. The other option available to Henniker would be an Exaction that can be done on a specific development site. The nature of improvements would determine which approach to choose.
Bruce Mayberry said the next step should be to set up a meeting with the road committee and then a submission of preliminary draft information collected.
Scott Osgood will call the Planing Consultant Rebecca Voegele and ask her to outline the information.
8:45 p.m. Meeting Minutes
Meeting Minutes from January 26, 2005 were reviewed and edited.
MOTION made by Cordell Johnston to approve the January 26, 2005 meeting minutes as edited. Scott Osgood seconded and the motion was approved unanimously. Motion passes.
Planning Board Procedural Discussion
9:00 p.m. Planning Board Schedule / Itinerary for 2005
Cordell Johnston said the Zoning (including open space development, acreage minimums, and road frontage) should be a goal for 2005. Terry Stamps, Kristin Claire, Don Armstrong, and Scott Osgood agreed.
Scott Osgood said that the Building Permit process should be on the itinerary for 2005.
Terry Stamps said directives from the Master Plan should be reviewed and implemented.
Terry Stamps suggested the goal and procedures for public hearing in preparation for town meeting preparation.
The Board decided this schedule would be put in place directly after town meeting 2005.
9:35 p.m. Select key procedures to review, discuss, and agree on
Terry Stamps said this item that was placed on the agenda in an effort to determine what Planning Board processes are working and which need improvement.
Processes reviewed were:
ü Notices of Decision (72 hours) by Recording Secretary
ü Minutes (6 days) by Recording Secretary
ü Town office update of Planning Board Meetings (next business day) by Planning Consultant
ü Posting of public hearings
ü Abutter notification
10:00 p.m. Conflict resolution as a board
This agenda item was tabled to a future meeting.
Correspondence
10:05 p.m. Geoffrey Hirsch submitted a letter of resignation effective immediately. There was a brief discussion about the need for additional alternate members.
Planning Consultant Report
10:25 p.m. There was no report to review, as the Planning Consultant was unable to be in Henniker today as previously planned.
MOTION made by Cordell Johnston to adjourn the meeting. Gail Abramowicz seconded and the motion was approved unanimously. Motion Passes.
Meeting adjourned at 10:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
February 9, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Jim McElroy, Board Member; Gail Abramowicz, Board Member; Terry Stamps, Board Member; Don Armstrong, Alternate Board Member; and Rebecca Voegele, Planning Consultant.
Guests Present:
Curtis Richmond, Peg Keeler, Stacey Goldberg, John Weber, Rebecca Weber, Jody Keeler, and David Currier.
Chairman Osgood called the meeting to order at 7:00 p.m.
Review of minutes of January 26, 2005
This agenda item was tabled until next meeting.
Public Hearings
1. Case #2005-001
Gerald and Kathy Eisen have requested a voluntary merger of Map 1, Lot 328-E and 328-F on 10 and 12 Gould Pond Road in the Rural Residential District.
The Board was in agreement with this voluntary merger. The merger was signed.
2. Case # 2004-21
Cousineaus Forest Products application is for the construction of a 30’ X 100’ structure for dry storage at 42 Old Concord Road, Map 1, and Lot 604 in the Heavy Commercial District.
The applicant reviewed the proposed plan.
Jim McElroy clarified dimensions and attributes of the land. Mr. McElroy asked about the storage of wood chips. The Board discussed the uses of wood chips and the types of customers that Cousineaus Forest Products provides wood chips to.
Lighting of the site and building was discussed. The building was compared to a butler building. This proposed building would be placed on a level area that is the highest area and placed on a slab.
The applicant is requesting waivers for the following because they are not applicable to this proposed plan:
Locus plan
Topographical plan
Names, width, and classes of abutting roads
MOTION made by Scott Osgood to grant waivers for application # 2004-21 requiring a locus plan, a topographical plan, and names, width, and classes of abutting roads. Seconded by Jim miserly and approved unanimously.
The Board discussed the need for the applicant to add the exterior lighting placement and location of electric line to the proposed plan. Additionally, the applicant should modify the letter contained within the application to state it is a 4-sided enclosed structure.
MOTION made by Scott Osgood to accept the application as complete. Seconded by Gail Abramowicz and approved unanimously.
MOTION made by Scott Osgood to approve the application with conditions. The conditions would be to add the exterior lighting placement and location of electric line to the plan. Additionally the letter contained within the application is modified to reflect this is a 4-sided enclosed structure. Seconded by Jim miserly and approved unanimously.
Case # 2004-18
Major Subdivision Review submitted by Spencer Bennett. The application to create 7-lot subdivision on Mount Hunger Road, Map 1, Lot 723 in the Rural Residential District.
This hearing has been postponed / withdrawn at the request of the applicant.
4. Conceptual Consultation
Proposed Minor Subdivision by Jody and Peg Keeler by means of building a two-family home on Crescent Street, Map 1, and Lot 238-B in the Residential Village District. Two family home to be two separately owned condominium units.
Scott Osgood asked why this would be a Minor Subdivision. Rebecca Voegele responded by explaining these two homes, (each side of the duplex), owned by two separate parties could not be on one lot.
The Board discussed what the responsibilities would be of the condominium association and what would be the responsibilities of the homeowners.
Gail Abramowicz stated the plan should show set backs, existing buildings, and noting the abutters on the proposed plan for the application.
Jim McElroy asked about proposed parking plans. The applicant said that attached garages would be part of the building structure. Mr. McElroy asked if there would be one or two driveways. The applicant said he wanted there to be two driveways in order to enhance harmonious neighbors.
Gail Abramowicz asked the applicant why chose a condominium versus a duplex. The applicant reviewed the benefits as he sees them.
Scott Osgood reviewed the responsibilities and requirements of requesting a condominium type structure. The applicant acknowledged Mr. Osgood’s information. He further explained that he wanted to know that he could create this environment on the lot in question, instead of proposing a duplex and then deciding on a condominium. He wouldn’t have to come back to the Board with another plan.
The Board asked the applicant if he had any questions. The applicant stated the condominium paperwork needs to be part of the application and the Board agreed.
Abutters’ information and buildings within 250 feet of the boundaries would need to be placed on the proposed plan.
Driveway permits were discussed. Board members encouraged the applicant to speak with the Road Agent and obtain the required information.
Gail Abramowicz said that the project looked good and encouraged the applicant to follow it through.
Conceptual Consultation
Proposed change of use by Rebecca Weber. Ms. Weber needs to obtain appropriate documentation that she will be able to use current residential home site for a Commercial business. Property is located in the Commercial Village District at 48 Main Street, Map 2 Lot 486. No structural changes will be taking place.
Rebecca Weber reviewed the intent and purpose of this proposed change.
The Board discussed location and parking areas.
Jim McElroy asked the applicant about considerations they are making for the disabled population visiting their location. Ms. Weber talked about ramps and bathroom facilities.
The Board and the applicant discussed the differences between building permits and site plan reviews. The Board explained that site plan reviews and change of use pertain to the land. Building permits apply to the construction and modification of buildings.
The Board said the proposed plan should include parking areas, lighting, and intensity of lighting.
The applicant asked the Board about the specifics and how bound they would be to adhere to that plan. Gail Abramowicz said the proposed lighting must be reflected on the plan. Rebecca Voegele provided a lighting manual to assist the applicant and the Board with appropriate detailed lighting plan.
Jim McElroy explained to the applicant that the Board may ask many questions during site plan such as but not limited to hours of operation, parking, drainage, deliveries, customer counts, run off patterns, and parking surface.
The Board thanked the applicant for her time.
Non Public Session
The Board went into non-public session at 8:30 p.m. to discuss legal matters. The Board returned to Public session at 8:50 p.m.
Planning Consultant Report
Rebecca Voegele reviewed upcoming meeting schedule and agenda items.
Scott Osgood and Terry Stamps expressed appreciation to Ms. Voegele for her assistance with Planning Board issues.
MOTION made by Scott Osgood to adjourn the meeting. Seconded by Jim miserly seconded and approved unanimously.
Meeting adjourned at 9:00 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
January 26, 2005
Town Hall
Members Present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Cordell Johnston (arrived 7:30p.m.), Selectman Ex-Officio; Gail Abramowicz, Board Member; Don Armstrong, Alternate Board Member; Angela Martin, Alternate Board Member; and Susan Thompson, Minute Taker.
Guests Present:
Seth Cate, Lisa Cate, Spencer Bennett, Joseph Trier, Marty Davis, Ted Parkins, and Peter Furmonavicius.
Chairman Osgood called the meeting to order at 7:10 p.m. Mr. Armstrong and Ms. Martin were designated as voting members in the absence of two voting members.
Conceptual Consultation
Spencer Bennett spoke to the Board regarding a parcel of property that borders Bennett Road and Elm Street (Map 1 Lot 540 and Lot 540-X2D). Mr. Bennett reviewed the proposed project with the Board. The Board reviewed setbacks, frontage, minimum acreage, and driveway placement. Mr. Bennett discussed deed restrictions he would be willing to put in place. These restrictions would ensure the barn lot and house lot could not be separated in the future.
Kristin Claire spoke in favor of the proposed project as presented.
Scott Osgood spoke in favor of the proposed project as presented.
Angela Martin also spoke in support of the deed restrictions as they apply to the proposed project.
Discussion
7:45 p.m. Town Meeting Articles
The Board discussed the proposed warrant articles that had been withdrawn at the last Planning Board Meeting on January 12, 2005. The Board Members discussed that although the public did not like the approach of the Board, it was concluded that the public did like the intent. Marty Davis, Joseph Trier, and Ted Pakins all confirmed that was their opinion also.
8:05 p.m. Planning Board Elections
Chairman Osgood reviewed the open positions and their terms for this Board. Gail Abramowicz, Terry Stamps, and Kristin Claire have or will file with the Town on or before Friday January 28, 2005.
8:10 p.m. 2005 Budget Update
Chairman Osgood reported that the proposed Planning Board Budget had been reduced. This was due to the decrease in Consultant hours. Cordell Johnston said there might be more changes to come as the Town works through budget concerns.
8:20 p.m. Meeting Minutes
Meeting minutes from December 22, 2004 were reviewed and edited.
MOTION made by Cordell Johnston to approve the December 22, 2004 meeting minutes as edited. Scott Osgood seconded and the motion was approved unanimously. Motion passes.
Meeting Minutes from January 12, 2005 were reviewed and edited.
MOTION made by Gail Abramowicz to approve the January 12, 2005 meeting minutes as edited. Kristin Claire seconded and the motion was approved unanimously. Motion passes.
Correspondences
9:15 p.m. Chairman Osgood reviewed the building permit packet that is issued to those who are building in Henniker. The Board reviewed the various forms in the packet.
Planning Consultant Report
9:25 p.m. Chairman Osgood reviewed report and said that Rebecca Voegele would be at the next regularly scheduled Planning Board meeting (February 9, 2005).
MOTION made by Cordell Johnston to adjourn the meeting. Gail Abramowicz seconded and the motion was approved unanimously. Motion Passes.
Meeting adjourned at 9:30 p.m.
Respectfully,
Susan Thompson
Recording Secretary
TOWN OF HENNIKER
PLANNING BOARD
Minutes of Meeting of January 12, 2005
Henniker Community Center
Members present:
Scott Osgood, Chairman; Kristin Claire, Vice Chairman; Geoffrey Hirsch; Don Armstrong, Alternate; Angela Martin, Alternate; Cordell Johnston, Selectman Representative
Guests present:
Mark and Alexis Deruisseau; Rick Patenaude; David Eilenberger; Tom Chase; Rudy Fuchs; Tom Bell; Daniel Welton; Leo Aucoin; Leon Parker; J. Paul Aucoin; Phil & Donna Richardson; Albert Aucoin; Roger Belson; Katherine Patenaude; Judith and Howard Miller; Richard A. Aucoin II; Shawn Richard; Peter Wright; Therese Aucoin; Richard Aucoin; Sam Kjellman; Steven Tedstone; Randy Wilson; Ray Aucoin; Jennifer McCourt; Jack Krantz; Marty Davis; Ted Parkins; Daniel Aucoin; John J. Healy; Lawrence S. White; Lucy Davison; Dennis McComish
Chairman Osgood called the meeting to order at 7:10 p.m. Mr. Armstrong and Ms. Martin were designated as voting members in the absence of two regular voting members. Mr. Johnston was designated acting recording secretary for the purpose of recording the minutes.
Chairman Osgood opened a public hearing on the board’s proposed amendments to the Henniker Zoning Ordinance, as previously published and on file at the town office.
1. Proposal to remove sections 133-15, -19, -23D, -25F, -25E, -27C, -27D, -29F. There were no comments from the public.
2. Proposal to change the definitions of “abutter,” “agriculture,” “wetlands,” and “kennel” and to add a definition of “nonconforming lot.” There were no comments from the public.
3. Proposal to amend section 133-134 to allow Bed-and-Breakfast Homes by special exception in all zoning districts except the Heavy Commercial District. There were no comments from the public.
4. Proposal to amend Article XII, Home Business, to be consistent with the town’s site plan regulations by incorporating Article II of the site plan regulations into the zoning ordinance, replacing the definition of “home business” with “home business professional,” and replacing the definition of “home business/retail” with “home business retail/service.”
Roger Belson expressed concerns about how the amendment was being presented. He said (1) home business/retail does not currently require site plan review, (2) the definition of home business professional was being narrowed substantially because the number of permitted employees would be changed from two to one, and (3) the definition of home business retail would be expanded to included services. He stated that this was a major substantive amendment, not just a housekeeping matter, and it should have been presented more clearly.
Cordell Johnston clarified that home business/retail does currently require site plan review, and that it is the site plan regulations, not the zoning ordinance, that determines what is subject to site plan review.
Jennifer McCourt spoke in opposition to the amendment.
Leo Aucoin spoke in opposition to the amendment.
Chairman Osgood suggested that the amendment should be withdrawn.
Ms. McCourt said that if the board is going to make substantial changes, it should do it by amending the zoning ordinance first, not by amending the site plan regulations and then amending the ordinance to conform to the regulations.
MOTION: Cordell Johnston moved to withdraw the proposed amendment. Kristin Claire seconded, and the motion was approved, 6-0.
5. Proposal to amend section 133-47 regarding permitted sign sizes to add dimensional requirements for signs in the Educational District.
Jennifer McCourt asked why the proposed sign sizes were different from those in the other zoning districts. Chairman Osgood explained that it was a compromise between the sizes in the commercial and residential districts. There was no further public comment.
6. Proposal to amend Articles XV and XVI, making technical changes, amending special exception criteria, adding time limits, and adding provisions for equitable waivers of dimensional requirements.
Leon Parker, chairman of the zoning board of adjustment, explained that these were mostly technical changes, and that the provisions for equitable waivers were being proposed because state law requires such provisions. There was no further public comment.
7. Proposal to amend sections 133-40C and –40D to change the minimum lot size on substandard and seasonally maintained roads to 20 acres (from 10 acres).
Leo Aucoin spoke in opposition.
Jennifer McCourt spoke in opposition. She said the amendment would reduce the value of affected properties.
Alexis Deruisseau spoke in opposition.
Tom Chase spoke in opposition.
Leon Parker spoke in opposition. He said that about 75% of the non-federal land in town would be affected.
Rick Patenaude spoke in opposition.
Lawrence White suggested withdrawing the proposal and continuing to work on the issue over the coming year.
Albert Aucoin spoke in opposition.
Reger Belson spoke in opposition. He said the amendment might create more pressure to pave the roads involved.
Daniel Aucoin spoke in opposition.
MOTION: Cordell Johnston moved to withdraw the proposed amendment. Kristin Claire seconded the motion, and it was approved 6-0.
Chairman Osgood closed the public hearing. The board agreed that the five remaining amendments would be placed on the ballot for vote on town election day. Cordell Johnston offered to draft the language of the amendments and the questions to appear on the ballot.
The board discussed its budget for 2005.
Chairman Osgood mentioned the Office of Energy & Planning’s spring conference and encouraged members to attend.
The board decided to defer review of the December 22 minutes to the January 26 meeting.
Leo Aucoin and Katherine Patenaude offered further comments on zoning and development issues.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Cordell Johnston
Acting Recording Secretary