ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Planning Board Meeting

Wednesday, January 16, 2008

Present: Sue Killam, Chairperson; Paul DiMaggio, Vice-Chairman;

Tim Dziechowski; Joe Guischard

Alternate: Susan Miner; Harold Morse

Ex-Officio: Jack Sapia

Circuit Rider, RPC – Eric Steltzer

Sue Killam opened the meeting at 7:40 p.m.

Correspondence

Incoming

City of Haverhill Public Notice for meeting of 1/9/08.

PB Budget printout dated 12/31/07.

Town of Derry Legal Notice for public hearing of 1/16/08.

Mike Murphy dated 1/8/08 re: Birdsall Subdivision review.

S.E.C. & Associates dated 1/9/08 re: Birdsall Subdivision reviewed plan.

Stantec Consulting dated 1/14/08 re: Birdsall subdivision review.

Outgoing

Town Clerk memo dated 1/10/08 re: Zoning Amendments to Ballot 2008.

Approval of minutes moved to end of hearings.

DISCUSSION – Continued from 1/9/08 re: Extending Conditional approval for ‘Atkinson Heights’ project.

Mr. Morse stepped off the board for this discussion. Mr. Joshua Manning, Civil Planning & Land Development Manager for Lewis Builders was present to represent the applicant.

Ms. Killam confirmed with Mr. Manning that at this time the applicant was not looking for an extension but requesting final approval based on submitted information received since their conditional approval on February 21, 2007.

Ms. Killam read the following letters submitted by Mr. Manning:

State of NH, Department of environmental Services letter dated 11/2/07 re: State Subdivision Exemption for project that would be serviced by two privately owned companies (both regulated by the NH Public Utilities Commission). The project would be exempt from subdivision approval thru the State of NH as this meets the intent of RSA 485-A.

Atkinson Area Wastewater Recycling, Inc. letter dated 1/15/08 re: Project Sewer Service. Letter confirmed that Atkinson Area Waste Water Recycling Company, Inc. contracted Lewis Builders Development to provide sewer service to the project. Atkinson Area Waste Water Recycling Co. is a private utility Incorporated by the State of NH in 1991.

Lewis Builders Letter dated 1/16/08 re: Clarification of Wastewater Disposal Service for Atkinson Heights Development which will be provided by Atkinson Area Wastewater Recycling Co., It was noted that in the original site plan review process a note was never added to the plan stating that any such company would be responsible for the wastewater from this project.

Ms. Killam explained that the Atkinson Heights project applicants were requesting final approval but noted the boards discussed the following issues/concerns:

Sewer Concerns

Water

Road Improvements at the intersection of Sawyer & Salem Road.

No final comments have been received from the town’s Engineer or Circuit Rider on this project based on the newly submitted information.

Ms. Killam noted she was not comfortable with the conditions of the project having been met. In particular, the board was led to believe there would be a Large Groundwater Withdrawal Permit, and information about the sewer company is new information. She did recall that in previous discussions it was determined that the existing sewer system on site was adequate to service two buildings. There are in fact nine building and if final approval was given it would indicate that we are given final approval for all nine buildings. She noted that she was had a problem giving this approval based on a letter from the company providing the sewer service when I know that the actual sewer infrastructure has not been built yet.

Mr. Steltzer reported that as one of the consultants to the project he would in fact like to review the proposed Water and Sewer services and in particular have the Fire Chief sign off on the fire pressure for fire suppression. Ms. Miner noted that she thought that was why the Large Ground Water Withdrawal Permit was needed to supply the suppression for all nine buildings.

Mr. Morse explained that the Water Co. is owned by Lewis Builders but the Water & Sewer Co. were in fact under the Public Utility Commission and would be scrutinized by the State and DES to make sure that they can provide the service. In his opinion, the Large Groundwater Withdrawal Permit should never have been tied up in this. Mr. Morse stated that if it was the pleasure of the board he would request a continuance and work on obtaining the required reviews.

Board members continued to discuss their process regarding extension of approvals and Site Plan waivers. When renotification would be required. Ms. Killam noted that an extension request may be a way to keep things moving.

Mr. Manning submitted the following letter, which Ms. Killam read.

Lewis Builders dated 1/16/08, which noted that the applicant was requesting an extension of 1 year. The extension request was being made as condition #6 stated that the original approval would only be in effect for one year. The reason for requesting the extension would be so that we can continue to complete the remaining conditions of approval.

Mr. DiMaggio noted that he was not comfortable with a 1 year extension. He thought the 1 year extension was too long given there was only one issue. He felt the board had a responsibility to the residents to make sure the Corporation is legitimate but no authority to re-regulate a regulated utility. We should rely on the State to oversee this process.

Mr. DiMaggio made a motion to grant a 6 month extension to the Atkinson Heights project approval and by so doing, the board waives it’s Site Plan Regulation 730:3D titled ‘Time Limitations’. The motion was seconded by Mr. Sapia and unanimously approved.

For the record, the Lewis Builders letter dated 1/16/08 was amended to reflect the request for extension from 1 year to 6 months.

The motion was approved unanimously.

Mr. Morse reminded the board that one of the conditions of approval was to add additional information, which is on the new page (21). This page "Wastewater Easement Plan was reviewed. Mr. Morse assured the board that they would continue working on final reviews.

Mr. Dziechowski left the meeting.

SEC Engineering Submission of an Application for Formal Consideration and Approval of a Proposed 2 Lot Subdivision of Land (8.41A) to Create a New Building Lot 6.38A off Birdsall Lane. Existing Dwelling to be Left With 2.03A, Property Located at 32 Maple Avenue, Map 9, Lot 59, TR2 Zone: Taken under jurisdiction.

Sue Killam opened the hearing at 8:30 P.M.. Abutters list was read with the following present: Town of Atkinson SEC Engineering representing the applicant.

Mr. Morse stepped back on the board.

Mr. Trudel presented the plan and noted that town Department Head’s letters had been addressed and the plans amended to reflect their comments/concerns.

Ms. Killam read Chief Murphy’s letter dated 1/8/08 and the Town Engineer’s letter dated 1/14/08 into the record.

The board continued discussion regarding the firelane gravel depth of 12" vs 15". The Fire Chief has deferred review for compliance to the Town Engineer and the Town Engineer’s review letter appears to have deferred the decision of compliance to the designer. Mr. DiMaggio was not happy with the Town Engineer’s deferral to the applicants designer and preferred a more definite answer from Stantec.

The town concern is to insure that the driveway is constructed to hold the weight of a fully loaded firetruck.

Discussion continued regarding sprinkling the dwelling as opposed to the construction of the 20’ firelane w/gravel. Mr. Trudel reported that it was the wishes of Mrs. Birdsall that no driveway be constructed off Maple Avenue.

Mr. Morse made a motion to approve the 2 Lot subdivision of Map 9, Lot 59, w/revision date of 1/9/08 conditioned on the following:

Note added to plan ‘Driveway to be built at a minimum of 12" gravel to meet loading for fire equipment’.

Pending receipt of a letter from the design engineer stating that a minimum of 12" of gravel will support the fire equipment as required

Pending Formal Approval of the Town Engineer and Rockingham Planning of plan dated 1/9/08.

State Subdivision Approval

State Dredge & Fill Permit

The motion was seconded by Mr. DiMaggio. Motion was approved with 5 in favor and 1 (Mr. DiMaggio against).

Workshop Discussion – Master Plan

Eric Steltzer, RPC

Mr. Steltzer reported that the next Master Plan chapter he would be working on would by the Visioning Chapter and the Resident Survey. He also reported on the RPC/State Brownfields (perceived contamination sites) project.

Approval of Minutes

Board members reviewed the draft minutes dated December 5, 2007. The following correction was made: Mr. Morse should be listed as an Alternate member. Motion to approve the minutes as corrected was made, seconded and approved.

Board members reviewed the draft minutes dated December 19, 2007. The following correction was made: Mr. Morse should be listed as an Alternate member. Motion to approve the minutes as corrected was made, seconded and approved.

Board members reviewed the draft minutes dated December 26, 2007. The following corrections were made:

Mr. Morse should be listed as an Alternate member.

Page 3, second paragraph, third line, $75,000 should read $7,500.

Page 3, second paragraph, line 7, ‘one ach’ should read ‘one each.

Motion to approve the minutes as corrected was made, seconded and approved.

Board members reviewed the draft minutes dated January 9, 2008. The following correction was made: Mr. Morse should be listed as an Alternate member. Motion to approve the minutes as corrected was made, seconded and approved.

Motion to adjourn was made, seconded and approved.

Minutes prepared from tape Respectfully submitted,

Shirley Galvin

APPROVED____________________