Town of Henniker
Planning Board - Minutes Archive Page for the year 2002

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Thea Braiterman, Selectmen Ex-Officio; and Gail Abramowicz, Alternate.

Guests present: Jason Buck, Leon Parker, Sam Kjellman, Howard Proctor and Laura Scott.

7:03 p.m. Mr. Hirsch opened the meeting.

Mr. Hirsch gave an overview of the Master Plan time line.

Public Hearing

The entire seven chapter document, including the acknowledgment page, History of Henniker draft, and the Introduction chapter, were reviewed by the members and the guests present.

Ms. Scott, the principal planner from Central New Hampshire Regional Planning Commission, highlighted where the suggested changes were made in each chapter. She noted the related maps will also be corrected to reflect changes made in the text.

Members reviewed each change noted. The members briefly discussed and agreed to each item as they reviewed the seven chapters.

Mr. Parker asked what steps are required to consider the recommendations made in the Master Plan.

Ms. Scott stated that any town committee or citizen group can recommend a proposed change to an ordinance.

Members discussed suggestions for a cover design. Ms. Braiterman recommended a specific picture from the book, A A Year in the Life of Henniker. The Board collectively decided the font and layout of the document, binding options, and the number of copies for print. CD copies will be available for purchase also. Full color maps will be included in all the printed copies of the document. The document will still be available on the town website.

Ms. Englander, Mr. Hirsch and Mr. Johnston will do a final edit of the chapters, with corrections ready to submit to CNHRPC by February 1, 2003.

Mr. Hirsch made a motion the Planning Board approve and adopt the Master Plan as presented tonight, with only subsequent minor editorial changes prior to printing. Ms. Englander seconded. The unanimous vote was in favor of the motion.

Members present signed the Certificate of Adoption. When absent members Mr. Osgood, Ms. Lehr and

Ms. Makocy Philbrick sign the certificate, it will then be filed with the Henniker Town Clerk and become a valid document.

Next Meeting The first meeting of the new year will be January 8, 2003.

Adjournment The meeting came to a close at 9:05 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Karen Makocy Philbrick and Rocky Lehr.

Guests present: Suzanne Hersey, Jeffrey Callow, Donna Callow, Herbert Czarnosz, Gloria Czarnosz, Mike Black, Mark Hubbell, Kris Blomback, Nancy Foley, Sylvia Eliot and Susan Fetzer

7:03 p.m. Mr. Hirsch opened the meeting.

Minutes

The draft minutes from the December 4, 2002 meeting were reviewed and approved as amended.

Public Hearing #1

A Minor Subdivision application, submitted by property owner CASA land & Timber, proposes to subdivide a 25.33-acre parcel, Tax Map 1 Lot 675, into two lots. One parcel will be 6.18 acres, and the other will be 19.15 acres. The property is located on Weare Road in the RR district.

Mr. Black, an owner of the property, presented a proposal to create one new lot, for a total of two lots at the above mentioned site. At an informal discussion on November 26, the applicant presented a proposal for a three-lot subdivision, at which time there was discussion concerning one of the lots being landlocked.

Mr. Black stated he has applied for the required state permits. One of the requirements made by the State was that the area of the present clam shack be loamed and seeded. He was unsure if it is a requirement of the driveway permit or for other reasons.

The Board discussed at length the copy of the temporary logging permit as a driveway permit application or a logging permit. Mr. Black will confirm the information with the state and submit a different driveway application if necessary.

Mr. Hirsch read a letter from Guilford Transportation Industries, an abutter. It appeared to be a form letter sent to any town board who sent the public hearing notification. If the applicant was proposing to cross a railroad crossing, the letter states items the town board should be aware of. This letters advice does not apply to applicants proposal, but the letter will be kept in the applicants file in the planning board office.

Mr. Black stated logging on the site has been completed. He will submit a copy of the NHDOT driveway permit for the file.

The Board reviewed the application for completeness according to the subdivision regulations.

Items incorrect on plat or missing from the application are:

The Board discussed the applicants request to waive delineation of wetlands on the entire 25.33 acres. Mr. Hirsch asked if the Conservation Commission has reviewed the application. Ms. Rico was at the informal discussion, but it was unknown if the Commission had a comment on the waiver. As the plat showed the first wetland from the roadway, the Board considered the waiver request.

Ms. England made a motion to accept request of waiver for wetland location of the entire site, and to accept the delineation of wetlands as shown on the plat. Mr. Johnston seconded. The unanimous vote was in favor of the motion.

Mr. Hirsch restated the above-mentioned items either missing from the application or incorrect on the plat.

Ms. Englander made a motion to accept the application, subject to the clarification and additions to the plat as stated above. Ms. Makocy Philbrick seconded. The unanimous vote was in favor of the motion. The application is determined to be complete.

Mr. Hirsch opened the public hearing for questions or comments from abutters and guest.

Mr. Hubble, abutter, voiced concern of proposed septic design. His property is downhill from one of the proposed lots, and the proposed septic is shown on a slope on the plat.

Mr. Black stated the site of the septic is only proposed because it is required to show the one-acre buildable area. The new owner will have to apply for a state septic permit, and what is shown may not be the location they will require.

Ms. Hersey, abutter, asked if the digging for a new home on the site will be detrimental to her existing well.

Mr. Hubble concurred with her concern, but stated where the proposed site is on a hill, there should be no concern for a shortage of water. Mr. Black stated there are two 3-foot culverts that are needed to accommodate the large water supply in the area.

Mr. Johnston made a motion to approve the application, subject to the items noted earlier. Ms. Lehr seconded. The unanimous vote was in favor of the motion.

Mr. Johnston recused himself from the next hearing. Alternate member Ms. Abramowicz became a voting member for this application.

Public Hearing #2

A Site Plan Review application, submitted by Kris Blomback and Thomas Chase, on behalf of property owner Helen Chase, to construct a 5 to 7-acre snow-making pond on Craney Pond Road, Tax Map 1 Lot 655 in the RR district.

Kris Blomback, general manager for Pats Peak, Inc., presented the application. He stated the need to have this new pond to channel the overflow from Craney Pond into the proposed pond. He said he has been working with the NH Department of Environmental Services to adjust the time restrictions for pumping water from Craney Pond to Pats Peaks snow-making facilities. Pats Peak has from November 15 until February 1 to pump water from Craney Pond. He said if he had someplace to put the massive amount of water runoff during the early Fall season and store it for future use, it would be beneficial to the ski area in order to remain competitive with the other ski resorts.

When asked where the access water goes now, Mr. Blomback stated it flows to Cascade Brook and then to the Contoocook River.

Mr. Blomback added that a recent plan to truck the dirt from the site and clear a space for it off to the side has been revised to relocate the dirt to one of the slopes to increase the incline. After a brief discussion on possible excavating requirements, it was determined the soil was not being sold but used for a different purpose, so no excavating regulations applied to this application.

Ms. Abramowicz asked if this proposal will hinder the beneficial ground water to the area. Mr. Blomback stated the proposal works in favor of the environment.

It was noted that copies of all state and local permit applications will be submitted for the file. When the approvals come in from the various agencies, a copy of those applications also need to be submitted for the file.

Ms. Makocy Philbrick clarified the Boards position in requiring a finalized plat with a description of the proposed pond: depth, width, location on site and the size of the pond. Mr. Blomback stated the soil tests were to be conducted the next day, and data from there will give them more accurate information to submit the requested information.

The hearing to review the completeness of the application is continued until January 22, 2003.

Mr. Johnston rejoined the panel. Ms. Abramowicz stepped down.

Public Hearing #3

A Site Plan Review application, submitted by Pats Peak, Inc., proposes to construct a Beginner Triple-Chairlift in the A Valley Slopes of the ski area, where the old Valley T-bar once was. The existing Valley Double Chairlift will then serve as mechanical/demand backup in the future. The property is located at Map 1 Lot 588-A on Flanders Road in the CR district.

Ms. Englander asked Mr. Blomback if he wanted to proceed with this application now, or if he needed time to add information not already submitted in the application.

Mr. Blomback stated the proposed project may have warranted a request to waive Site Plan Review, as they are constructing a chairlift on the site of a previous chairlift that had been there for quite some time. He stated the tower foundations still standing for the T-bar lift will be replaced to accommodate the new triple-chairlift. Mr. Blomback said the new chairlift will run 1400 people per hour, while the Double Chairlift was capable of bringing 800 people per hour to the slopes.

The Board reviewed the checklist according to the SPR regulations. Mr. Johnston made a motion to accept the application as complete. Ms. Lehr seconded. The unanimous vote was in favor of the motion.

The public hearing was open to questions and comments from the guests. As there were none present, Mr. Hirsch read a portion of a letter from an abutter. The abutter voiced concern regarding additional noise.

Mr. Blomback stated there would be no additional noise, as the Peak will still have one lift going most of the time, with the backup lift only running if attendance volume requires it.

Mr. Johnston made a motion to approve the Site Plan application. Ms. Lehr seconded it. The unanimous vote was in favor of the motion.

Old Business

The Board reviewed a draft of the proposed amendment to Section 133-26 of the zoning ordinance regarding the personal wireless service facilities. The amendment will delete the words A over a specified height  from the definition of a average tree canopy height. This is a technical amendment to clarify the existing ordinance.

The Board then discussed the possibility of proposing an impact fee or growth management ordinance. Mr. Johnston informed the Board that an impact fee ordinance cannot be adopted until the town has a Capital Improvement Program in place, and a CIP has to be approved by Town meeting. The Board will ask the selectmen to include an article on the warrant authorizing the selectman to appoint a committee to adopt a Capital Improvement Program.

Next Meeting The first meeting of the new year will be January 8, 2003.

Adjournment The meeting came to a close at 10:22 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Thea Braiterman, Selectman Ex-Officio; Scott Osgood, and Rocky Lehr.

Guests present: Ging Blanchard.

7:04 p.m. Mr. Hirsch opened the meeting.

The draft minutes from the November 26 meeting were reviewed and approved as amended.

As the agenda permitted an unscheduled informal discussion, Ms. Blanchard updated the Board with information about the corrected zoning map she was researching on their request.

Ms. Blanchard stated she has been asked by Peter Flynn, Town Administrator, to resume as caretaker of the towns maps. After extensive research of past planning board minutes, town reports for passed warrant articles and review of town maps, Ms. Blanchard showed the Board a zoning map indicating where the Education Zone is and where school resources/buildings are on town property.

It was noted that one of the proposals in the revision of the Master Plan is to have an educational overlay zone. The information presented will be the basis for that proposal.

Ms. Blanchard asked the Board to carefully review the zoning map and make corrections, should there be a need to do so from information any members may have to offer. She stated the changes to the original map were made in 1996 with the inception of the Education Zone, and then again to amend the zoning map to expand the Commercial Recreation Zone.

Ms. Blanchard also informed the Board that the Historic District Commission will not be able to complete work on the Historic District in time for March 2003 town meeting. She also stated the Commission is working with the Selectmens office to create a Certificate of Approval form for building permit requests for the parcel of town-owned property, located at 2 Depot Hill Road, Tax Map 2 Lot 421.

It was discussed that the Historic District is not yet defined in the zoning regulations, a recommendation of the Master Plan review, and the need for the Commission to have by-laws in place stating their rules and regulations of the district.

The Board discussed proposed amendment to the Wireless Communication Facility ordinance, particularly the definition of the Average Tree Canopy height.

Mr. Hirsch made a motion to propose amendment to Article XXVI, Section 133-26, deleting A over a specified height  in the definition of Average Tree Canopy Height. Mr. Johnston seconded. The unanimous vote was in favor of the motion.

Mr. Johnston will draft the warrant article to be reviewed at the next meeting.

The Board discussed the possibility of implementing an impact fee ordinance or a growth management ordinance. Members will research the issue further and CNHRPC will be consulted as to the steps to take to propose an ordinance.

Members briefly reviewed a suggestion to add a zoning ordinance with regards to regulating tattoo parlors and body-piercing businesses. The Board does not have plans to take action towards this proposal at this time.

The Board briefly discussed proposing an amendment to the building permit ordinance. Further discussion was tabled to a future meeting.

The meeting came to a close at 9:40 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Chairman; Judie Englander, Secretary; Thea Braiterman, Selectman Ex-Officio; Scott Osgood, Rocky Lehr and Karen Mackocy Philbrick

Guests present: Jim Giarrusso, Mark Galenwood, Dan Berry, Brian Dubreul, Denise Colby, Denise Rico, David Hayden, Sam Kjellman, John Kjellman, Mike Black and Joe Coronati.

7:02 Mr. Hirsch opened the meeting.

The Board reviewed the draft minutes from the November 13 meeting. There was discussion about the information provided to Mr. Dur on the proper procedure for bringing a Class VI road up to specifications to a Class V road. The text, as stated on page 3, paragraph 3 in the draft, stands as written. The minutes were accepted with technical corrections.

Jim Giarrusso, from Bohler Engineering, presented a conceptual site plan for the Henniker Mobil gas station on behalf of Alliance Energy Corp. Mr. Giarrusso stated the proposed plan is to change the auto service area bays by enlarging the convenience store area. The footprint of the existing building would primarily remain the same, with the exception of adding a small space at the rear of the store for walk-in refrigerators. The proposed plan includes a drive-thru window for the general sale of coffee and baked goods. Mr. Giarrusso stated the site is already designed for travel behind the building. The gravel driveway would be paved and another gravel area would be landscaped. The plan proposed the canopy be enhanced with a larger Mobil station logo, and the gas pumps would be upgraded to that of the speed-pass design. Diesel tanks are not proposed. The presented conceptual layout was not what an actual layout will be. Mr. Giarrusso asked what is required of the applicant to proceed with this proposal, questioning if he begins with a building permit, or if site plan review was needed.

The Board stated the applicant would first need to apply to the ZBA for a Special Exception for the drive-thru window. Then Site Plan Review would be required because the applicant is changing the use of the auto service station to a primary convenience store. Other issues discussed were the increase in lighting around the building, extended hours of operation, increased parking and a traffic study would be required.

Mr. Giarrusso asked if a summarized traffic study would suffice, and if it was possible to hold a PB joint meeting of the two Boards in one evening. Mr. Johnston stated that is a possibility to have the ZBA consider the Special Exception, and the Planning Board to consider the Site Plan on the same evening, but that the review of the application may require more than one meeting.

Mr. Hirsch stated the application will be required to be reviewed by an independent consultant. He explained the procedure for setting up an escrow account for this review. Mr. Giarrusso was familiar with the process and requested the plan be reviewed prior to the first meeting.

Mr. Giarrusso was given a copy of the regulations and applications for Special Exception and Site Plan Review.

Joe Coronati, engineer, presented a conceptual plan to subdivide property owned by CASA Land & Timber, located on Weare Road, Tax Map 1 Lot 675, in the RR district. The proposal is to subdivide the 25-acres into three lots, with two of the lots having sufficient frontage on Weare Road. The issue of the third lot, not having access to a road, is the question Mr. Coronati asked the Board to clarify in their subdivision regulations.

The Board researched the regulations, and it seems apparent that the third lot would be landlocked, something that the regulations may not allow.

Mr. Black, property owner, offered to place an easement on both new parcels, as he intends to remain logging the north section of the lot, and use the logging road that runs from Route 114. He also informed the Board that he may have future intent to purchase abutting property that has frontage on a Class VI road.

Zoning Regulation Article X Section 133-40-B states, A Land on Class VI Streets, and land on primitive public ways not maintained by the town, shall not be subdivided. Article X Section 133-40-F states, A Each lot, including those dedicated to open space or to other common use, shall have frontage on a public right-of-way. Frontage access for each area of open space or common land shall be at least 25 feet wide. The Board will request the town administrator to have town council review the latter regulation with the plat information Mr. Coronati has submitted.

It was noted by the clerk that Mr. Coronati has formally submitted a Minor Subdivision application for this site, and is scheduled for a public hearing on December 11. Mr. Coronati stated they would review the options discussed tonight, and see what they can come with by that meeting.

Review of comments from the Community Visioning Session. As there were quite a few comments listed from the seven chapters, Ms. Scott, from the CNHRPC, worked with the Board members present, who conducted the breakout sessions, and noted their changes. The changes to the drafts and the final copies of each chapter will be available at Town Hall on December 9. The final public hearing to review the advisory document will be on Monday, December 16 at 7:00 p.m.

Mr. Kjellman presented his vision of Henniker for the year 2022. He submitted an interesting look at what Henniker could look like in 20 years, based on regional area population data, and a proposed downtown pedestrian zone.

The Board thanked Mr. Kjellman for his interest in the Master Plan review and his work on this presentation.

The Board reviewed a copy of an article published in the Argus Champion last month. The article pertained to the Town of Warner and their first steps in preparing to do a review of their master plan. The article stated the updated document is the first step in setting up a Capital Improvement Plan, which is the basis to which an impact fee can be implemented.

December schedule confirmed.

The Board will meet three times in December. All meetings are held at Town Hall at 7:00 p.m.

Adjournment

The meeting came to a close at 10:35 p.m.

Respectfully submitted,

Gail Abramowicz,

Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Chairman; Judie Englander, Secretary; Thea Braiterman, Selectman Ex-Officio; Scott Osgood, Karen Makocy Philbrick and Rocky Lehr.

Guests present: Jay Zax, David Quinn, Charles Nelson, Dawn Nelson, Patricia Skoby, Mike Damour, Jennifer McCourt, Stephen P. Perron, LLS, Kirk Abbott, Tad Schrantz, D. J. Reid, Denise Rico, Reggie Cleveland, John V. Kjellman, Jacques Belanger, Steve Connor, John Dur, Debbie Dur, Ron Dupuis, and Candace Norton Grendell.

7:02 p.m. Mr. Hirsch opened the meeting.

The minutes were tabled until the end of the meeting.

Jennifer McCourt, engineer for a proposed major subdivision for property owned by Wayne Patenaude, located on Davison and Pine Hill Roads, reviewed the original plan to subdivide Tax Map 2 Lot 95 into

35 lots. A plan from a conceptual meeting proposed 41 lots. Ms. McCourt then reviewed an Open Space design showing a proposed 28 lot subdivision, on a 1,200 foot cul-de-sac constructed road. Ms. McCourt stated this proposed design would leave 58 of the 95 acres as open space, or common land.

Ms. McCourt had a few questions for the Board in reference to interpretation of the subdivision regulations for an Open Space design. In particular, showing the buildable one-acre on the plan and what degree of grade on slope is required. The regulation states a grade of at least 33%, and the members stated they would consider the less than one-acre building area when they had the application before them.

Further discussion on the proposed subdivision plan consisted of the following topics:

-project done to completion, not in phases.

- any future development of the 58 acres would be proposed by the new property owners as a group, but a minimum of 50 acres would be required to remain undeveloped under current regulations.

-single-family housing and not cluster or town houses proposed.

-tie-in with town water and why not possible.

-underground utilities proposed.

-posting on property probable but there are different degrees of posting.

-analysis studies required for a major subdivision.

Members stated the proposed plan was in line with the work they have done on the Master Plan. Ms. McCourt asked if the plan could be reviewed by Central NH Regional Planning Commission

before the application is accepted. Mr. Hirsch stated this is a route being proposed for next year, and will be taken for this application since requested. An application will be submitted in the coming weeks.

Ms. Englander recused herself from this hearing. Alternate Member Gail Abramowicz joined the panel.

Ms. Lehr arrived and joined the panel.

Site Plan Review application for the construction of a T-Bird Mini-Mart at the corner of Maple Street and Post Office Place. The property is owned by Albert and Alice Norton in the CM district.

Tad Schrantz, president of Cheshire Oil Company, asked the members to clarify their position on how the requested analysis studies are to be reviewed.

It was suggested at a previous meeting that SEA Engineers would review the application, including the traffic, lighting and noise study. The Board has received a cost estimate, contract and traffic study information from SEA. As there were inaccuracies in the contract and information SEA suggested be included in the traffic study, Mr. Schrantz will be sent the information when corrected.

As the complete application will be reviewed by an independent consultant after Cheshire Oil submits their studies for traffic, lighting and noise, Cheshire Oil may submit the studies from their own consultant firm.

The public hearing to review the application for its completeness is continued until January 8, 2003.

Ms. Englander rejoined the panel. Ms. Abramowicz stepped down.

Minor Subdivision application, submitted by John Dur, proposes to subdivide 19.68 acres, the total after Lots 572 & 572-A have been recorded as merged, to create two new lots, for a total of three lots, located on Bear Hill and Patterson Hill Roads, in the RR district.

Mr. Belanger, land surveyor, submitted corrected plans to comply with the acceptance of the application as complete subject to the list items.

1. Correct language of the area of intent.

2. Correct locus map, replacing Flanders Road with Faulkner Road.

3. Show driveway locations.

4. Show test pit sites.

5. Submit copies of permit applications. (Culvert crossing and wetlands permit).

6. Correct title box- Minor Subdivision of Lot 572.

Mr. Osgood noticed the revised plan did not state the lot sizes. The Board referred to the original plan for the information.

Ms. Englander made a motion to accept the application as complete, subject to noting the lot sizes on the plat. Mr. Hirsch seconded. The unanimous vote was in favor of the motion.

The hearing was open to public comment or questions.

Mr. Hudson, former owner of the property, asked if the plan could show a driveway access on Bear Hill Road, per regulation as it is a Class V road, but continue using the existing Faulkner Road driveway, that is a Class VI road.

After a brief discussion, Mr. Johnston stated the subdivision plan shows the driveway access onto a Class V road, but he could apply for a driveway permit onto Faulkner Road.

Mr. Dur asked if he incurred the expense to construct the road to Class V specifications, would the town then accept the road and maintain it. Mr.Dur was told the acceptance of the road would go through the Board of Selectmen, and then be added to the next town warrant.

Mr. Connor told the Board there may be a regulation that allows the continued use of an existing driveway on a Class VI road if the owner has always used that road. His own driveway has been on a Class VI road since the 1970's, and Mr. Hudsons driveway has been there since the early 1980's. He does not believe the town can take away the use of their driveways after this length of time.

Mr. Osgood voiced concern as to the location of the driveway for lot 572. Mr. Belanger stated he picked an area that would least impact the wetland. Mr. Belanger added he has not yet submitted the permit to the NH Dept. of Environmental Services.

Ms. Rico stated the Conservation Commission will review the permit when they get their copy from Mr. Belanger.

Mr. Johnston made a motion to approve the application, subject to the Conservation Commission review and NH-DES approval. Ms. Lehr seconded. Unanimous vote in favor to approve the application with the condition the size of the lots be shown.

A Minor Subdivision application, submitted by Margaret and Amos Russell, proposes to create a 10.25 acre parcel from Tax Map 1 Lot 25, located at 41 Hemlock Corner Loop, in the RR district.

Mr. Perron, land surveyor, submitted corrections to the plans as required in the decision to approve the application with the following conditions:

1. Correct Lot 1 on the locus to indicate Lot 25-B.

2. Add the reference to USGS data.

3. List the abutters address next to their respective lot.

4. Indicate the frontage of Lot 25.

5. Indicate the existing septic site and the test pit location and log for the new site.

6. Indicate the driveway easement.

7. Indicate existing wells and the inactive well.

8. Indicate Lot 25 and Lot 25-A on the plat.

9. Change Lot 1 on the soil-type note to read Lot 25-B.

Item #3 was altered after review of the plan. Due to space constraints, the abutters names and addresses are listed next to the locus map instead of around the property line. As the conditions have been met, the three printed plans and the Mylar were signed.

Mr. Osgood asked to open discussion on the information submitted by SEA Engineers with reference to the contract to review the Cheshire Oil Co. Site Plan application. Ms. Englander recused herself from the discussion.

Mr. Osgood stated he was discouraged by the information received, as it had several errors in street names, and the estimate to review the three studies was contradictory to the contract. Mr. Osgood will contact Peter Flynn, the town administrator, to ask if town was pleased with past consultant work done by SEA Engineers, Inc.

Ms. Englander rejoined the panel.

After a brief discussion, the minutes of October 9, 2002 were approved as amended.

Minutes of October 21, 2002 were approved with minor corrections.

Minutes of October 23, 2002 were approved as amended.

Brief discussion of the overall results from the November 9 Visioning Session for the Master Plan. The comments and other information gathered from the event will be reviewed at the November 26 meeting.

Updated meeting schedule

TUESDAY, November 26, 2002

Wednesday, December 4, 2002

Wednesday, December 11, 2002 (tentative)

MONDAY, December 16, 2002 - Public Hearing for Final Review of Master Plan document

The meeting came to a close at 9:55 p.m.

Respectfully submitted,

Gail Abramowicz, Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Judie Englander, Secretary; Thea Braiterman, Selectman Ex-Officio; Scott Osgood, Karen Makocy Philbrick, and alternate Gail Abramowicz .

Guests present: Lorin Mulligan, Sam Kjellman, Denise Rico, Jacques Belanger, Stephen P. Perron, John Kjellman and Candace Norton Grendell.

7:03 p.m. Mr. Hirsch opened the meeting.

Minutes

Draft minutes from the October 9, 2002 meeting were reviewed and amended. Vote to accept was three members, with three abstentions. The acceptance of the minutes was tabled to the next meeting.

Informal Discussion

Ms. Mulligan reviewed with the Board a copy of two town maps indicating her property, Lots 433-A and 433-BX, both located on Depot Hill Rd. She stated the urban area property tax map has her property zoned in the Educational District (ED), which she believes is an error. The Town of Henniker zoning map, last updated in 2001, indicated the property is in the Residential Neighborhood District (RN).

After a brief discussion, Ms. Braiterman made a motion to recommend the matter to Ging Blanchard, town cartographer, stating the planning board feels there is a drafting error on the town urban map, in reference to Lots 433-A and 433-BX, erroneously placed in the Educational District.

Mr. Hirsch seconded the motion. The unanimous vote was in favor of the motion.

Ms. Mulligan will be informed of the correction when made.

Public Hearing #1

A Minor Subdivision application, submitted by John Dur, proposes to subdivide 19.68 acres, the total after Logs 572 & 572-A have been record as merged, to create two new lots located on Bear Hill and Patterson Hill Roads, in the RR district.

Mr. Belanger, land surveyor, presented the application. Because the applicant had a Variance application before the Zoning Board last week, the information on the plat was not quite up-to-date due to the fact that Mr. Belanger did not know if the subdivision would be for three new lots, or just the two.

The Board reviewed the plat with the checklist according to the subdivision regulations. There was a brief discussion if the application could be accepted as complete with conditions with the number of items either missing or incorrect.

Following that discussion, Ms. Makocy Philbrick made a motion to accept the plan as complete, subject to the following conditions and pending the receipt of the items listed:

1. Correct language of the area of intent.

2. Correct locus map, replacing Flanders Rd. with Faulkner Rd.

3. Show driveway locations.

4. Show test pit sites.

5. Submit copies of permit applications .(culvert crossing and wetlands permit).

6. Correct title box- Minor Subdivision of Lot 572.

Ms. Englander seconded the motion. The unanimous vote was in favor of the motion. The public hearing is continued until November 13, unless Mr. Belanger notifies the Clerk that the information to meet the conditions are not yet available. If that is the case, the November 13 agenda will show the date when the hearing will be continued.

Ms. Rico stated the Conservation Commission will review the Wetland Permit Application, and when a site walk had been conducted, they will submit their findings to the Board.

Public Hearing #2

A Minor Subdivision application, submitted by Margaret and Amos Russell, proposes to create a 10.25 acre parcel from Tax Map 1 Lot 25, located at 41 Hemlock Corner Loop, in the RR district.

Mr. Perron, Land Surveyor, presented the application with Ms. Russell. Members had several questions about the application as this proposed subdivision was for property that had existing buildings on it.

Members reviewed the checklist according to the subdivision regulations. Mr. Hirsch made a motion to accept the application as complete pending adjustments to the plat as follows:

1. Correct Lot 1 on the locus to indicate Lot 25-B.

2. Add the reference to USGS data.

3. List the abutters address next to their respective lot.

4. Indicate the frontage of Lot 25.

5. Indicate the existing septic site and the test pit location and log for the new site.

6. Indicate the driveway easement.

7. Indicate existing wells and the inactive well.

8. Indicate Lot 25 and Lot 25-A on the plat.

9. Change Lot 1 on the soil type not to Lot 25-B.

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

The public hearing was open to comments and questions to the guests.

Ms. Grendell asked a procedural question on the application being approved when it is incomplete.

Members stated an application could be approved with conditions. In this case, the items listed in the motion to accept as complete would need to be submitted before the Mylar and paper plans were signed, signifying the applicant has met all the conditions imposed for the approval of the subdivision.

Mr. Hirsch made a motion to conditionally approve the application, subject to the terms as stated in the conditional acceptance of the application as complete. Mr. Osgood seconded the motion. The unanimous vote was in favor of the motion.

Old Business

Plans for the Community Visioning Session are on target for November 9. The Saturday event is for the public to view the complete Master Plan document and the various maps for each chapter. Copies of the chapters are available at Town Hall. The final public hearing to accept the document by the planning board is scheduled for December 16.

The Board will submit several amendments to the Zoning Ordinance for the March 2003 warrant. Formal discussion for these amendments will begin after the November 13 meeting.

Mr. Sam Kjellman asked what the status is on the Cheshire Oil, Inc. application.

Ms. Englander recused herself from the discussion.

The Board discussed what the time line is for an applicant to keep postponing the continuation of a public hearing. Mr. Hirsch stated that once the application is accepted as complete, it is the approval stage that has a time limit to meet all the conditions, or file for a new application.

Ms. Abramowicz stated the applicant, Tad Schrantz of Cheshire Oil, would be present at the November 13 meeting to update the Board on the status of the studies requested for the Site Plan Review application.

Ms. Englander rejoined the panel.

Members of the Board and the Central NH Regional Planning Commission will be at the Henniker Community School Cafetorium for the Master Plan Visioning Session, November 9, 2002, from 10:00 a.m. until 1:00 p.m. The public is encouraged to stop by and view the maps, ask questions, make comments and pick up a copy of the chapters for the final discussion at the December 16 public hearing.

Adjournment

The meeting came to a close at 9:40 p.m.

Respectfully submitted,

Gail Abramowicz,

Planning Board Clerk

PLANNING BOARD

October 21, 2002 Minutes

Master Plan Review

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Scott Osgood and alternate member, Gail Abramowicz.

Guests: Angela Robinson, Laura Scott, Cathy Mayne, and John Kjellman

7:15 p.m. Mr. Hirsch opened the meeting.

Public Hearing

A proposal of the Current & Future Land Use chapter for the Town of Hennikers Master Plan. The purpose of this chapter is to identify and explore land use trends in Henniker, discuss how regulations impact such trends, and offer recommendations as to what regulatory steps should be taken in the future to meet the growing housing, economic, environmental, and land use needs of the community.

This is the last chapter in the Master Plan document for the board to review. The entire document and the corresponding maps for each chapter can be viewed at the Community Visioning Session on November 9, 2002 at the Henniker Community School Cafetorium. The session begins 10:00 a.m. and break out sessions for each chapter will continue until 1:00 p.m. Refreshments will be offered and local youth groups will host a fundraiser.

Ms. Scott, representative from Central N. H. Regional Planning Commission, presented the draft of the chapter, stating that this chapter combines elements from all of the other chapters. This chapter also ties in the goals and recommendations from the other chapter. There are two maps that correspond with the land use chapter which are: Existing Land Use, and the Zoning Map. Ms. Scott said the maps were created by using the towns tax cards. An advanced software system, known as GIS, is a digitized program that provides more accurate information that could become available in the future and suggests it be implemented with an engineer.

Ms. Scott and other representatives from the Commission drove every road in town, with the assessing office reviewing the collected information.

Mr. Hirsch asked if the chart showing the surrounding towns, with reference to new property lots created from 1991- 2001 could include the Town of Weare, because they are part of the regional school system. The clerk will inquire about the availability of the information, and Ms. Scott will add the data.

The Board reviewed the chapter and made grammatical and minor text changes. Ms. Abramowicz made a motion to conditionally approve the chapter, subject to the agreed-upon changes. Mr. Osgood seconded.

The motion was adopted unanimously.

The complete draft of the Master Plan in available at the Central New Hampshire Regional Planning Commissions website; www.cnhrpc.org/henniker. The public is encouraged to be involved in the process of updating this advisory document.

Adjournment

The meeting came to a close at 10:00 p.m.

Respectfully submitted,

Gail Abramowicz,

Planning Board Clerk

Copies of the conditionally approved chapters are available at Town Hall. The entire document is on the web at www.cnhrpc.org/henniker. The public is encouraged to review the chapters prior to the November forum and bring questions and comments that day or send your e-mail to henniker@conknet.com Please send mail attention to Henniker Planning Board.

PLANNING BOARD

September 25, 2002

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; and Rocky Lehr.

Guests present: Eleanor Kjellman and John Kjellman.

7:03 p.m. Mr. Hirsch opened the meeting.

Minutes

Draft minutes from the September 11, 2002 meeting was reviewed and approved with minor corrections.

Mr. Hirsch asked the clerk if a corrected Mylar was submitted by Don Blanchard for the Hustis property deeded to the town in 1991. Ms. Abramowicz said Mr. Blanchard was still in the process of getting the signature stamp on the Mylar and paper plans and will re-submit for signatures possibly at one of the October meetings.

Ms. Englander asked for clarification on the regulation for a home businesses. Members reviewed Article XII, Section 133-49 of the Henniker Code Book.

Correspondence

Members discussed updated information received from CNHRPC in regards to the Community Visioning Session scheduled for November 9, 2002 in the Henniker Community School Cafetorium. Suggestions for refreshments, proper notification in area newspapers and staffing of breakout sessions by planning board members was discussed.

Copies of the completed, conditionally approved chapters of the Master Plan are available at Town Hall. The entire document is on the web at www.cnhrpc.org/henniker. The public is encouraged to review the chapters prior to the November forum and bring questions and comments that day or send your e-mail to henniker@conknet.com Please send mail attention to Henniker Planning Board.

Old Business

The Board briefly discussed the grandfathered commercial property at 8 Foster Hill Rd. Mr. Johnston stated that if the new owner, Hank Szelog, has not changed the use of the property from the previous owners, Fred and Carol Brunnhoelzl, then there in no action to be taken from the planning board. If the use of the property has changed, Mr. Szelog needs to appear before the board.

Mr. Kjellman asked if could comment on this discussion. He asked if it was proper for a member PB of the Board to represent themselves to Mr. Szelog outside of a meeting forum, to speak on behalf of the entire Board. Mr. Hirsch stated that all the members were not present at the meeting to comment for themselves. It was noted that several members had spoken with Mr. Szelog in regards to answering his questions of the procedures for site plan review. It was also noted that the question from the beginning of this issue was whether a commercial business has been conducted at that location for the past two years, securing its grandfathered status. Since the Board did not have sufficient information, it was difficult to answer the question.

Ms. Englander recused herself from the following discussion.

The Board briefly discussed lighting consultant companies to suggest to Cheshire Oil for the lighting study. Mr. Hirsch read information received from Lucy St. John of CNHRPC on this topic. The NHDOT had given two names, Mr. Vic Reno and Mr. Rick Weeks as suggestions. It was noted these were not their recommendations, but suggestions as possible consultants.

Mr. Hirsch stated SEA Consultants were contacted as possible consultants to review the application.

Mr. Hirsch gave an overview of the Outdoor Lighting Bulletin and suggested the members keep the information for future discussions.

New Business

Members briefly discussed possible amendments to town ordinances. Some suggestions were the building permit ordinance, text amendment to the wireless communication ordinance, and several recommendations as a result of the review of the Current and Future Land Use Chapter for the Master Plan document. The discussion was tabled until the October and November meetings.

Revision to the Planning Board meeting schedule. In addition to the two regular October meetings, the Board will meet October 21 for a public hearing to consider accepting the draft for the Current and Future Land Use chapter of the Master Plan. The November 26 meeting will be a public hearing for the final review of all seven chapters of the Master Plan. The December schedule is tentatively changed by adding a meeting on Wednesday, December 4 and Monday, December 16, as there will not be a meeting on December 25. Confirmation of these dates will be noted at the October 9 meeting.

Adjournment

The meeting came to a close at 8:55 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

PLANNING BOARD

September 11, 2002 Minutes

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Thea Braiterman, Selectman Ex-Officio; Karen Makocy Philbrick and Scott Osgood.

Guests present: None

7:05 p.m. Mr. Hirsch opened the meeting.

Informal Discussion

The Board discussed an issue concerning grandfathered commercial property located at 8A Foster Hill Rd., Map 1 Lot 299D, formerly owned by Fred and Carol Brunnhoelzl. The issue of concern is whether the new owner, Hank Szelog, can operate an auto repair business at the site without site plan review. It is unclear to the Board if the previous owner has operated an auto repair business within the last two years, and if the new owner intends to change the use of the property in any way.

The Board reviewed the minutes from the July 16, 2002 Selectmens meeting. It was suggested at that Selectmens meeting Mr. Brunnhoelzl and/or Mr. Szelog appear before the planning board for an informal discussion to determine if site plan review was required. As of this planning board meeting, no request had been made.

Ms. Braiterman will contact the Code Enforcement Officer with regards to documentation presented at the mentioned Selectmens meeting. The discussion was tabled until the next meeting.

As Ms. Scott, representative from Central NH Regional Planning Commission(CNHRPC) could not be present for the meeting, the Board reviewed information she sent in reference to the Community Visioning Session for the complete review of the Master Plan.

The community event will be held Saturday, November 9, 2002 in the Henniker Community School Cafetorium. Each planning board member will head a breakout session for the various chapters they participated in. Ms. Braiterman will submit this information to appear in the October and November Outlook publications, with other forms of notification of the meeting to be circulated and posted.

Correspondence

The Board reviewed a letter in regards to property deeded to the town, located at Map 2, Lot 414, property owned by Lisa Hustis on Western Ave. The Clerk will contact Mr. Blanchard as to the items required on the Mylar for the chairman and secretary to sign the 1991 approved plan.

New Business

An additional meeting for the Master Plan Land Use chapter has been added to the schedule. Besides the September 16 meeting, the subcommittee will meet October 7 at the town hall. The public hearing for the review of the draft chapter is scheduled for October 21.

Ms. Englander excused herself prior to the Boards discussion of the following.

Members asked the clerk if any new information has been submitted by Cheshire Oil Company, its engineer Souheghan Valley, or if CNHRPC sent a list of lighting consultants for them to review. Nothing new has been received by the applicant nor its engineers. Mr. Hirsch was going to follow up with Lucy St. John in reference to the lighting consultant. The Board discussed if their own engineer will be reviewing the plan, as one did for the Crestwood Development. Mr. Osgood will contact SEA Consultant, Inc. as possible consultants.

Old Business

The Board will discuss the Outdoor Lighting Bulletin at the September 25 meeting.

Minutes

Draft minutes from the August 28 meeting were reviewed and approved as submitted.

Adjournment

The meeting came to a close at 9:25 p.m. Respectfully submitted,

Gail Abramowicz, Planning Board Clerk

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Karen Makocy Philbrick and Scott Osgood.

Guests present: Kevin Daniel

7:05 p.m. Mr. Hirsch opened the meeting.

Minutes

Draft minutes from the August 14 and August 19 meetings were reviewed and approved as submitted.

Informal Discussion

The Board briefly discussed the regulations with regards to grandfathered property located on Foster Hill Rd. Mr. Johnston stated grandfathering is a state regulation. Members will research this topic further and discuss it at their next meeting.

Mr. Hirsch read aloud a portion of the March 8, 2000 minutes to review an informal discussion with Kevin Daniel with regards to his renovation project on the river view side Daniels restaurant. It was concluded at that meeting that if Mr. Daniel increased the square footage of the leased space, he would come before the board for site plan review. It was brought to the Boards attention that there were new businesses leasing at that location, and the members wanted to discuss the issue.

Mr. Daniel stated to the members that he, in fact, is leasing less space now than two years ago because he has made the building fully handicap accessible and has added some maintenance rooms. He said he does understand that when he increases the square footage of the leased space he needs to apply for site plan review, but he was not at that stage yet.

Mr. Daniel enlightened the members of concerns in the downtown area and past issues of why the businesses are no longer grandfathered under past regulations. Mr. Osgood invited Mr. Daniel to join the sub-committee for the Land Use Chapter of the Master Plan, and he was given a recent copy of the draft. The Board thanked Mr. Daniel for coming to the meeting.

Mr. Osgood showed the members a copy of the International Building Code that will be used state wide in the future. A copy of the index, as the book is very large, was given to the chairman, and a copy will be given to the Board of Selectmen. The Board will discuss this manual and its applicability at future meetings.

Correspondence

The members discussed a question presented to them by the assessing technician with concern to the subdivision and boundary line adjustment regulations.

The Board received a copy of the Court Order granting the Motion to Withdraw the IWO law suit. The matter is closed with the Court.

Ms. Englander excused herself from discussion of the New Business.

New Business

The Board reviewed the noise consultant list obtained by CNHRPC from N. H. DOT Environmental. The two consultant firms selected from the list are Normandeau Associates, Inc. and Vanessa Hangen Brusttin, Inc. The information was forwarded to Randy Bragdon, engineer for Cheshire Oil Companys SPR application.

Old Business

The Board will discuss the Outdoor Lighting Bulletin at a future meeting.

Adjournment

The meeting came to a close at 8:55 p.m. Respectfully submitted, Gail Abramowicz,

Planning Board Clerk

PLANNING BOARD

August 19, 2002 Minutes

Master Plan Review

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Thea Braiterman, Selectman Ex-Officio; Karen Makocy Philbrick and Scott Osgood.

Guests: Laura Scott, Leon Parker, William Fraser, John Kjellman, Eleanor Kjellman, and Jason Buck.

7:08 p.m. Mr. Hirsch opened the meeting.

Public Hearing

A proposal of the Housing chapter for the Town of Hennikers Master Plan. The purpose of this chapter is to identify Hennikers current housing inventory, discuss short-term housing needs, and to denote guidelines for the development of long-range plans for a single-family, multi-family, elderly, and affordable housing. The overall goal is to maintain and enhance the current quality of Hennikers housing while promoting the provisions of other types of housing to meet the social and economic needs of current and future residents.

Ms. Scott, representative from Central N. H. Regional Planning Commission, presented the draft of the chapter, and Chairman Hirsch led the discussion. A number of comments were received from members of the board and the public, and minor changes were made to the draft.

Mr. Johnston made the motion to conditionally approve the chapter, subject to the agreed-upon changes.

Mr. Hirsch seconded the motion. The motion was adopted unanimously.

The last chapter to be completed in the Master Plan Review is the Land Use Chapter. The public is encouraged to attend the Monday meetings scheduled for August 26 and September 16 to help draft this chapter. The public hearing is scheduled for October 21, 2002.

The final review will be conducted at the Community Review of all the Master Plan Chapters to be held tentatively on November 9, 2002 in the Henniker Community School Cafetorium. Copies of the final draft will be available at the town hall after the next regular meeting.

The complete draft of the Master Plan in also available at the Central New Hampshire Regional Planning Commissions website; www.cnhrpc.org/henniker. The public is encouraged to be involved in the process of updating this advisory document.

Adjournment

The meeting came to a close at 10:35 p.m.

Respectfully submitted, Cordell Johnston, Vice Chairman

PLANNING BOARD

August 14, 2002 Minutes

Members present: Geoffrey Hirsch, Chairman; Judie Englander, Secretary; Karen Makocy Philbrick, Scott Osgood and alternate member Gail Abramowicz.

Guests present: Eleanor Kjellman

7:10 p.m. Mr. Hirsch opened the meeting.

Correspondence

The Board reviewed a faxed copy of the draft for a warranty deed for the Patterson Hill 2-lot subdivision submitted by S&K Family Builders. The Board agreed to have town counsel review the language of the deed, as there was no mention of the maintenance agreement of the culvert with the driveway easement, as stipulated in the conditional approval of the subdivision. Once the condition is met, the plan will be signed and filed at the registry of deeds.

Public Discussion

As there was not a hearing scheduled, and the agenda allowed for an unscheduled discussion from the public, Ms. Kjellman addressed the Board.

Ms. Kjellman wanted to explain her past concerns with regards to her questioning the process the planning board follows when receiving an application for site plan review.

Ms. Englander excused herself from the meeting, as she suspected this discussion would lead to the review of the Cheshire Oil application.

The Board listened to her concerns, and explained the process as to how the Board conducts a review following the regulations as stated in the Town Code Book. Mr. Hirsch stated the same regulations apply to any review, but the complexity of the application determines the intensity of the review process.

Ms. Kjellman thanked the members for their time and applauded their efforts as volunteer members.

Correspondence discussion continued

Ms. Englander remained seated off the panel. The Board briefly discussed a letter received from a citizen with regards to the Cheshire Oil application. The letter pertained to the review conducted by the Central New Hampshire Regional Planning Commission (CNHRPC). The Board is satisfied with the review of the application. Mr. Hirsch will acknowledge receipt of the letter to the sender.

Ms. Englander rejoined the panel to continue review of the Correspondence file.

The N H Division of Historical Resources confirmed they have nominated the Bennett Farm property to the National Register of Historic Places.

The Board discussed an overview of the options for CNHRPC assistance in the implementation of the Henniker Master Plan. A copy of this information was passed onto the town administrator for the Board of Selectman to review also.

Minutes

Ms. Englander excused herself from the review of the July 24, 2002 draft minutes which contained discussion of the public hearing she recused herself from. Minutes were approved as amended by four votes and one abstention.

Minutes of the July 30, 2002 Master Plan Public Hearing were approved as submitted.

New Business

Review of the Land Use chapter of the Master Plan Review going well. Next meeting will be August 26, 7:00 p.m., Town Hall.

Old Business

The Board will discuss the Outdoor Lighting Bulletin at a future meeting.

Adjournment

The meeting came to a close at 9:35 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

PLANNING BOARD

July 30, 2002 Minutes

Master Plan Review

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary. Gail Abramowicz, Alternate member.

Guests present: Laura Scott and Leon Parker.

7:05 p.m. Mr. Hirsch opened the meeting.

Public Hearing

A proposal of the Population & Economics chapter for the Town of Hennikers Master Plan. The purpose of this chapter is to delineate the elements that make up the economic life of the Town of Henniker, and to consider how various elements should be managed to best achieve the type of community our citizens desire.

The Board and guests reviewed the draft of the chapter. Some corrections were made and text was edited.

Brief discussion on changing text under the subheading, Zoning Regulation page 16, and Home Occupations/Home Business, page 17, text. No changes were made to the draft.

At the completion of the review, Mr. Johnston made a motion to conditionally approve the chapter. Mr. Hirsch seconded. The vote was unanimous in favor of the motion.

The final review will be conducted at the Community Review of all the Master Plan Chapters to be held tentatively on November 9, 2002 in the Henniker Community School Cafetorium. Copies of the final draft will be available at the town hall after the next regular meeting. Copies of the previous chapters conditionally approved are also available for the public to review before the November 9 meeting.

The complete draft of the Master Plan in also available at the Central New Hampshire Regional Planning Commissions website; www.cnhrpc.org/henniker. The public is encouraged to be involved in the process of updating this advisory document.

Next Planning Board Meeting August 14, 2002

Next Master Plan Public Hearing August 19, 2002- Housing Chapter

Adjournment

The meeting came to a close at 9:08 p.m.

Respectfully submitted, Gail Abramowicz,  Planning Board Clerk

July 24, 2002 Minutes

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Judie Englander, Secretary; Karen Makocy Philbrick and alternate member Gail Abramowicz.

Guests present: Laura Scott, David Quinn, Cynthia Cobb, Carol Slipp, David Hayden, Randy Bragdon, Tad Schrantz, Bryant Robertson, Jeff Milne, Barbara C. French, John Kjellman, Sam Kjellman, Wendy Pearson, Karol Dermon, Ted Parkins, Marty Davis, Cathy Mayne, Ruth Zax, Jay Zax, Eleanor Kjellman, Danny Aucoin, Heidi Aucoin, D.R. Jordan, Tracy Bruen, and Stephen Forster.

7:05 p.m. Mr. Hirsch opened the meeting.

Continuation of Public Hearing- Review of the following application for completeness.

A Site Plan Review application, submitted on behalf of Cheshire Oil Co., proposes to construct and operate a T-Bird Mini-Mart at the corner of Hall Avenue and Post Office Place. The proposal is to construct a convenience store of approximately 3800 square feet, with 7 fueling locations and a car wash on site, and a drive thru Dunkin Donuts customer window. The property is owned by Albert and Alice Norton, at Tax Map 2, Lot 187-A in the CM district.  Mr. Hirsch read the application.

Ms. Englander recused herself from the proceedings. Alternate Ms. Abramowicz joined the panel as a voting member.

Mr. Hirsch summarized the review of the application at the July 10 meeting, at which time the application was deemed incomplete. The Board requested Central NH Regional Planning Commission (CNHRPC) to conduct a full review of the application, and submit those findings at tonights meeting. At the July 10 meeting, the applicant was instructed to set up an escrow account with the towns finance officer to fund the review of their application.

Mr. Hirsch asked the applicant if he had any information to submit to the Board.

Mr. Bragdon, engineer representing the applicant, Cheshire Oil Co., stated he was not given the reasons their application was deemed incomplete. He informed the Board that the escrow account had not been set up yet because he was reluctant to pay for services until the determination of acceptance. He was cautious as to what the Board would have him pay for, how remaining funds would be returned, and if the account went through an attorney. Ms. Abramowicz, stating as the clerk for the Board, informed the applicant that the Town of Henniker Finance Officer, Russ Roy, can assist him in setting up the account, that is separate from any other account, and is used exclusively for this application, with any remaining funds being distributed directly from the account back to the applicant.

Ms. Scott, representative from CNHRPC, stated the escrow account is the same as if it were part of the application fee that includes the public notice and abutter notification fees.

Mr. Milne, broker for the property owners, reiterated his concern from the last meeting, that this review process could be more productive if the applicant and the planner could work together.

Mr. Bragdon stated he will speak with Mr. Roy in setting up the escrow account, with reservations, so as to not hold up the presentation of the review from CNHRPC.

Ms. Scott presented the Commissions full review of the study. Copies were given to the guests in attendance. Copies are available in the applicants file at Town Hall.

First issue discussed was the menu board for the drive-thru facility. A question the Board needed to answer at this meeting was whether the menu board is included as part of the drive-thru facility, which was granted a special exception.

The Board reviewed Cheshire Oils ZBA application for which they were granted a Special Exception for the drive-thru facility for the proposed convenience store. The plat did not show the menu board, but it was discussed that there would be one because it was speculated the window would be used for a Dunkin Donuts outlet.

Mr. Bragdon stated the distance of the menu board from the abutters property line could be adjusted to comply with the 100' setback needed to avoid going back to the ZBA for a variance.

Ms. Makocy Philbrick and Mr. Johnston stated in agreement that if the planning board was to send the applicant back to the ZBA for their review of this issue, that not only would the process be delayed, but that the finding would be the same as to what they concluded. The Board concluded the menu board is part of the drive-thru facility, and the applicant needs to alter the distance, and indicate on the plat the distance between the menu board and Lot 155-G.

Mr. Hirsch continued to read the review document. After reading the definition of the CM Medium Commercial District, Section 133-31 of the Zoning Ordinance, and the Commissions recommendation to the planning board, Mr. Bragdon asked if this location is the focal point of the town.

Mr. Johnston commented that the recommendation was not the stated view of the planning board.

The Board continued with the review. Some minor items listed as missing were in fact in the file, but were not accessible to the Commission at the time of their review. Some items were not clearly delineated on the plat or were missing from the legend.

Discussion as to who owned the corner on Route 114 and Post Office Place, as it was not shown on the plan. It was determined that it is an easement with the State of NH.

Ms. Zax, Henniker Rotary Club President, stated the club erected the Welcome to Henniker sign, and maintains the property in which is sits on. The club contacted the State and Town for permission to do this.

Brief discussion if the application can be submitted to the Highway Safety Committee for their review of pedestrian traffic as well as traffic safety. The clerk reminded the members that this committee is an advisory board to the Board of Selectman, and cannot make recommendations to this board or the applicant. This information differs from that stated in the regulation and will be research for clarification.

Upon completion of the traffic study, it was suggested the applicant should request the Fire Chief, Police Chief and the Highway Superintendent, review the study and comment on it.

In regards to the pedestrian traffic safety issue, Mr. Bragdon said that would be incorporated in with the traffic study. He stated that study is tentatively scheduled for September.

There were several points highlighted in the review that will be addressed in a revised narrative. The narrative should then be a more detailed outline of the proposed plan.

Soil types were not shown on plan. The Board was concerned that the soil type accommodate appropriate drainage. Mr. Bragdon stated he did not note these on the plan because they are not proposing septic, as it will be tied into the town system. As for any wetlands on the property, Mr. Bragdon will contact the Conservation Commission to review the proposed plan.

The Board discussed the issue of a Stormwater Management study. This study should include erosion protection during development of the site, and how drainage will differ from the present wooded area to the proposed paved area.

It was discussed and determined that topography information was not required for completeness and that flood plain was not an issue.

Areas for snow storage and the concrete pad for the solid waste facility will be added to the plan. A revision to the landscape plan, showing specific vegetation on the road side of the stockade fencing, will also be submitted.

There was a discussion on the noise study and request for additional information be added to the narrative with regards to the proposed hours of operation.

Ms. Scott asked if the proposed car wash will be a 24-hour facility. Mr. Schrantz said it would not be.

There was a brief discussion as to how an independent study group is selected. Neither the applicant nor the board desired any appearance of bias, but Mr. Bragdon wanted some assurance from the Board that the findings from the studies would be accepted as presented from the mutually agreed upon groups. Ms. Scott said she could provide a list of consultants, approved by the Board, that the applicant can then select from.

Ms. Cobb, guest, asked if the Board was requiring these studies as part of the application. Mr. Hirsch said these studies can be requested according to the site plan review regulations.

As the review continued, Ms. Cobb asked that it be noted in the minutes, the entire review document, to this point, had been read out loud by Mr. Hirsch.

Ms. Makocy Philbrick voiced concern the proposal does not address the issue of where any spilled gas from patrons filling their tanks goes.

Mr. Schrantz stated there are strict guidelines the company is required to follow with regards to this issue. Mr. Bragdon stated all approved applications from NH Departments of Environmental Services, and Transportation will be submitted to the planning board to be on file.

Mr. Hirsch asked for further questions from the Board or the applicant.

Mr. Schrantz questioned how item 12 of the Standards for Review is measured. This is one of sixteen items listed in the Site Plan Review Regulations titled Harmonious Development. His concern is to know how an application is regarded as having an adverse impact on the neighborhood. He voiced concern that his company would follow all the criteria to submit the information to have the application ruled complete, only to be told the town does not want the proposed project.

Mr. Johnston, voicing his personal opinion, stated he had concerns about the application, as submitted thus far, with regard to harmonious development, added noise to the area, the proposal to clear cut the lot, the hours of operation, aesthetics, and traffic.

Ms. Kjellman asked if Cheshire Oil is required to do something previous applicants have not had to do.

Ms. Abramowicz stated the Board is required to follow the regulations outlined in the site plan review process of every application. The Board cannot determine if an application meets all those requirements until the Board has all the information about the proposed project.

Ms. Scott suggested to Mr. Hirsch that he draft a letter to the Public Safety Supervisors, the fire chief, the police chief and the road agent; plus the water and sewer supervisors, outlining specifically what each department should address in review of the application.

Mr. Milne asked if the application could be presented to the department heads all together, perhaps by Mr. Bragdon himself. The Board stated such a request was outside their jurisdiction.

Mr. Bragdon stated he will make an appointment with the finance officer to get the escrow account set up.

The public hearing to review this application for its completeness is continued until October 9.

11:30 p.m.- Ms. Englander rejoined the Board.

The Board briefly discussed correspondence from CNHRPC with regards to the Master Plan Review.

Minutes July 10, 2002 draft minutes were approved as submitted.

Ms. Englander recused herself from the new discussion of the Cheshire Oil application.

Board members discussed a draft outline of the items missing from the application. A copy of the letter to be sent to the applicant will be included in the applicants file on record at Town Hall.

Ms. Englander rejoined the panel.

The Board briefly discussed suggested locations for the Traffic Count Survey Program 2002 being conducted by CNHRPC. This information will be forwarded to the town administrator to coordinate suggestions from other town departments into one survey to submit to the Commission.

Adjournment

The meeting came to a close at 11:45 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

PLANNING BOARD

July 10, 2002 Minutes

Members present: Geoffrey Hirsch, Chairman; Cordell Johnston, Vice Chairman; Thea Braiterman, Selectman Ex-Officio; Scott Osgood, Rocky Lehr, Karen Makocy Philbrick and voting alternate member Gail Abramowicz.

Guests present: David Quinn, Ruth Zax, Jay Zax, Maria Cann, Jeff Milne, Craig St. Jean, Laura Scott, Heidi Aucoin, Danny Aucoin, John Kjellman, Eleanor Kjellman, John Partridge, Judy Partridge, Kevin Steinback, Barbara C. French, David Hayden, Jack Bopp, Sam Kjellman, Roni Hardy, Denise Rico, Ted Parkins, Marty Davis, W.R. Jordan, Chris Spaulding, John Spaulding, Amy Jowers, Russ Jowers, Kate Hebert, Greg Hebert, Mike French, Joan O= Connor, Tracy Bruen, Steve Forster, Candace Norton Grendell, Gina Siciliano, Randy Bragdon, and Tad Schrantz.

7:09 p.m. Mr. Hirsch opened the meeting.

Minutes

The Board reviewed and approved minutes of June 26, 2002 with minor corrections.

Members voting to approve: Ms. Lehr, Mr. Hirsch, Mr. Osgood, and Ms. Abramowicz. Members who abstained from the vote: Mr. Johnston, Ms. Braiterman, and Ms. Makocy Philbrick.

Correspondence

The Board received an invitation to attend a meeting hosted my the Central NH Regional Planning Commission(CNHRPC) for their R2C2 meeting on sprawl to be held July 18.

Mr. Johnston may attend and will give a summary at the next planning board meeting.

The CNHRPC, as part of its Regional Traffic Counting Program, has contacted various town departments to solicit traffic count requests for the 2002 counting season. The Board will review the Transportation Map to suggest locations for the traffic tubes, and will coordinate their suggestions with the other town departments through the town administrator.

The Board reviewed a copy of the letter sent to the Board of Selectman from the NH Division of Historical Resources in reference to the Bennett Farm in Henniker is being considered by the Council for nomination to the National Register of Historic Places.

The NH Office of State Planning has sent information on Outdoor Lighting. Members will have a copy available to them by the next meeting.

The CNHRPC has left copies of Bicycle Maps of four tourists regions from the NH Department of Transportation at Town Hall and the Police Department.

The CNHRPC is updating the zoning ordinance maps across the region. They are available on their website. Also on the website are the draft chapters for the Master Plan Review.

7:30 Continuation of Public Hearing

A Site Plan Review application, submitted on behalf of Cheshire Oil, Co., proposes to construct and operate a T-Bird Mini-Mart at the corner of Hall Ave. and Post Office Place. The proposal is to construct a convenience store of approximately 3800 square feet, with 7 fueling locations and a car wash on site. The property is owned by Albert and Alice Norton, at Tax Map 2, Lot 187-A in the CM district.

Mr. Hirsch summarized the review of the application from the June 12 meeting. The application was deemed incomplete, with the Board requesting the CNHRPC to conduct a general review of the proposed plan and comment on their findings. The Board also enlisted an opinion from Town Counsel to review the ordinance in reference to the car wash proposed at the site. The Board questioned whether it is a drive-thru facility, in which case the applicants would need to apply for a special exception and a variance to the zoning board, or if the car wash is a permitted use.

Mr. Hirsch read the response from Ms. Gorrow, in which she quoted Section 133-3 of the Zoning Ordinance which defines an auto service station as A Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, mechanical repairs or otherwise cleaning, or servicing such motor vehicles. A service station is not a sales or major repair agency for autos, truck or trailers.

The Board discussed the issue of Town Counsel being the final word, or if the issue should go back to the ZBA for interpretation of the ordinance. The Board determined the car wash was a permitted use as stated in the ordinance, and the CNHRPC can now include the car wash as part of their full review of the application.

Ms. Scott, of the CNHRPC, presented the findings from the general review they conducted of the application. She presented a copy to each of the members and the applicant. Copies of the review are available at the Town Hall.

Ms. Braiterman stated the application is still incomplete for reasons that Ms. Scott highlighted. Ms. Scott stated the Commission could have a full report available for the July 24 meeting.

Mr. Hirsch asked Mr. Bragdon, the engineer on the project, if the applicant had material to submit since the first meeting. Mr. Bragdon submitted a revised Project Narrative as requested.

Mr. Milne, Broker for the landowners, asked if the process would move further along if the applicant were to work with the town planner. Ms. Scott said the review is on behalf of the Planning Board, but the Commission could do the review with the applicant or as they have been, with regards to submitting the findings at the scheduled meetings.

Ms. Braiterman acknowledged Mr. Milne's comment, but suggested the Board proceed as it had in the past.

Ms. Cann asked if the Town is paying for the Commission's service to review the application.

Mr. Hirsch stated it is the request of the Board's that the study be done on the application, but the fee is paid by the applicant. He added the process could be streamlined if the applicant was to work directly with the planner, but the findings would still need to be presented at the public hearing.

Ms. French asked if the planning board follows the NH State Planning Regulations. Mr. Johnston said they do not.

Mr. Hirsch made a motion to deem the application incomplete and to continue the meeting until July 24. Ms. Makocy Philbrick seconded. The vote was in favor of the motion.

The meeting will be held at the Town Hall.

Ms. Abramowicz is not a voting member for the next application.

8:45 Continuation of Public Hearing

A Minor Subdivision application, submitted by S & K Family Builders, LLC, proposes to subdivide Tax Map 1 Lot 386-B, to create one new lot. The property is owned by D. Joseph Clement, and is located on the east side of Patterson Hill Rd. In the RN district.

Ms. Siciliano submitted revised plans showing the items missing from the original proposal.

Mr. Johnston made a motion to accept the application as complete. Ms. Lehr seconded. The vote was in favor of the motion. Ms. Braiterman abstained because she was not at the first meeting of this application.

As Mr. Steinbach had nothing further to add to his presentation of the application, Mr. Hirsch opened the meeting to the public for comments or questions.

Ms. McCourt suggested the applicant submit a legal document that clearly describes the responsibility for the maintenance of the shared driveway, particularly the culvert, is that of the landowners and not the Town. She added there are usually issues with this scenario and suggested the Board obtain information from the NH State Planning office for resource material.

Mr. Steinbach stated the easements would be in the deed, and that because the culvert is sixty feet from the town road, it would be unlikely that it would be a problem as to who was responsible for keeping the culvert clear of debris.

Ms. Kjellman commented that when there is an issue between landowners, it is a civil matter not a town matter.

Mr. Hirsch asked Mr. Steinbach if he was reluctant to add language about the easement in the deed.

Mr. Steinbach stated he was not reluctant to add it to the deed, but that is not what Ms. McCourt had suggested.

Mr. Hebert, abutter, stated he was glad this issue is before the board because the previous owner, Ms. O'Connor, had told them their property gets very wet, and is concerned with the subdivision proposal.

Mr. Aucoin voiced his concern about the Board applying conditions to an application when it would be a civil suit matter if there were private property issues.

Ms. Osgood stated it is a consideration for the Board because if the culvert is not maintained, it could effect the town road and the abutting property.

Mr. Steinbach stated the application was reviewed by the Henniker Conservation Commission and NH-DES has approved the wetlands permit. He added that the subdivision is designed in a way as to not be a problem, but people could do all sorts of things to neglect their property, it isn't cause to say this plan is questionable.

Ms. Makocy Philbrick said the plan may not be inadequate, but if it isn't stated somewhere as to who is responsible, what would the impact be to the town if it fell on them to remedy the problem. She added this wouldn't even be an issue for discussion if this was for a single driveway.

Ms. Braiterman stated both homeowners would be billed by the town if repairs were done by the highway department.

Ms. Kjellman asked if Mr. Johnston would give an opinion on the issue.

Mr. Johnston stated because the culvert is off of town property, any issue that may arise is a private property issue, and agreed with Ms. Makocy Philbrick that this isn't a usual topic for discussion when the application proposes a single driveway.

The clerk reminded the board members that the minor subdivision application on Bacon Road for a shared driveway was approved with the condition that the easement be added to the plan and the deed.

Mr. Steinbach stated he could have language added to the deed.

Ms. McCourt restated her intent was that the culvert be privately maintained had have that clearly stated to the property owners.

Mr. Hirsch asked if there were any further questions or comments from the audience and the board.

Mr. Johnston made a motion to approve the application subject to the condition that the easement deed specify the respective obligation of the property owners for maintenance of the driveway and the culvert.

Mr. Osgood seconded. The unanimous vote was in favor of the motion.

New Business

The Board discussed possible dates to hold public hearings on the draft chapters for the Master Plan.

There will be a public hearing on Tuesday, July 30 for the review of the Population & Economics chapter. The Housing chapter will be reviewed at a public meeting scheduled for Monday, August 19. Both meetings will be held at the Town Hall starting at 7:00 p.m. Copies of the chapters are available at Town Hall and on the town website.

The Board briefly discussed an editorial printed in the Concord Monitor in reference to towns having established funds for the purchase of land. Mr. Johnston noted a similar proposal was on the town warrant a few years ago, and any future proposals could be submitted by citizen petition or proposed by the Board of Selectman. Ms. Braiterman stated she will suggest it to the Board of Selectman.

Adjournment

The meeting came to a close at 9:50 p.m.

Respectfully submitted, Gail Abramowicz, Planning Board Clerk

June 26, 2002 Minutes

Members present: Geoffrey Hirsch, Chairman; Judie Englander, Secretary; Scott Osgood, Rocky Lehr and alternate member Gail Abramowicz.

Guests present: Jon Springer, Heather Dixon, Maryanne Babbitt, Kevin Steinbach, John Kjellman, Eleanor Kjellman, Tracy Allen, David Allen, Amy Jowers, Russ Jowers, Kate Hebert, Greg Hebert, Chris Spaulding, Adam Brook, Gina Siciliano and David Hayden.

7:06 p.m. Mr. Hirsch opened the meeting.

Minutes Ms. Englander recused herself from the review of the minutes when discussion began pertaining to the Cheshire Oil Co. site plan review. Ms. Abramowicz joined the panel to complete the quorum. Ms. Lehr made a motion to accept the minutes as amended. Ms. Abramowicz seconded. The minutes were approve with technical and substantive corrections.

7:15 Public Hearing #1

A Minor Subdivision application, submitted by S & K Builders, LLC, proposes to subdivide Tax Map 1 Lot 386-B, to create one new lot. The property is owned by D. Joseph Clement, and is located on the east side of Patterson Hill Rd. In the RN district.

Ms. Siciliano presented the application. She submitted a plan showing the proposed driveways as an accessory use. Mr. Steinbach clarified the discrepancy in the lot size from what the town has listed and what is the actual size of Lot 386-B. He stated the original proposal was to create two new lots for a total of three lots on the 9.6 acres, but the survey proved the size of lot 386-B to be only 5.51acres. Mr. Steinbach amended his proposal to create one new lot for the two- lot subdivision application. The correct acreage will be shown in the new deeds upon approval of the application.

The Board reviewed the application for completeness. Items missing from the application:

Mr. Hirsch made a motion to deem the application incomplete. Ms. Englander seconded. Voting members in favor of the motion: Ms. Englander, Mr. Hirsch, Ms. Lehr and alternate member Ms. Abramowicz. Mr. Osgood abstained.

The Board discussed the importance of the proposed shared driveway being shown on the plan and not just submitted as an accessory. The review of the application by the Conservation Commission could suffice for the completion of the application, but if the State Wetlands permit is not approved by the second stage of the site plan review, it may be a contingency of the approval to the subdivision.

The review of this application is continued until July 10.

8:25 Public Hearing #2

A Minor Subdivision application, submitted by property owner Tracy K. True-Allen, proposes to create a 10-acre parcel from the 64.6 acres at Tax Map 1, Lot 77-X, located at 71 Hemlock Corner Loop in the RR district.

Mr. Allen presented the application. It was questioned why Lot 112 was not shown on the plan, but is shown on the town map. Ms. Abramowicz stated there is not a listing for ownership or that the lot exists in the property list book. Ms. Allen said the former owner had an issue with a previous lot number near the property, perhaps this could be the same situation. The town cartographer or the assessing technician will be asked to clarify the issue.

The Board reviewed the checklist according to the regulations. Ms. Englander made a motion to accept the application as complete. Ms. Lehr seconded. All four members voted in favor of the motion.

Mr. Hirsch asked if there were comments or questions from audience.

Ms. Dixon, abutter, asked why only ten acres and not more for a new owner to be able to have some property in current use. Mr. Allen stated this proposal worked best for his family and that was their objective.

As there were no more questions from the Board or audience, Ms. Englander moved to approve the subdivision. Ms. Lehr seconded. The unanimous vote was in favor of the motion.

8:50 Public Hearing #3

A Site Plan Review application, submitted by Independent Wireless One Leased Realty Corporation, proposes to construct a personal wireless service facility on property owned by Phillip J. and June C. Currier, located at 66 Faulkner Rd., Tax Map 1, Lot 571, in the RR district.

Mr. Springer presented that application by giving the Board and audience an overview of the company, the previous application before the Henniker Zoning Board and past applications before this board. He stated the proposed tower would fill a gap in coverage in Henniker in the Liberty Hill Rd. area, along parts of Route 202/9 in Hopkinton. Mr. Springer stated the area leased, as shown smaller than actual size on plan C-2, has a radius of 125.5 feet to comply with a 90' tower, even though this application is for an 88' monopole-design tower. Mr. Springer said the height of the tower limits the number of companies that can co-locate on this tower, but IWO has complied with the new ordinance.

Mr. Brooks explained the construction of the facility and stated the tower would be 32" at the base and taper to 22" at the top. He stated all antennae are internal, the facility is surrounded by a 6' fence and will be maintained by a once-a- month visit.

Mr. Osgood asked if there were any external lights required for air traffic. Mr. Brooks stated the FAA does not require lighting if a structure is under 200' and there is no runway within 20,000 feet. He stated there would not be a problem submitting a letter from the FAA to that fact for the applicants file.

Mr. Osgood asked if there were environmental concerns from the radio waves. Mr. Brooks stated the FCC regulates radio bands very closely. A copy of the FCC license was submitted with the application.

9:25 Ms. Lehr needed to leave the meeting. Alternate member Ms. Abramowicz joined the panel.

The Boar