ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Planning Board Meeting

Wednesday, November 28, 2007

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

Tim Dziechowski; Mike Fletcher

Alternate: Sue Miner

Ex-Officio: Jack Sapia

Sue Killam opened the meeting at 8:00 p.m.

Ms. Killam reviewed the incoming and outgoing correspondence.

Loren Realty Trust, 16 Industrial Way, Review of Site Plan Amendment Procedures: Sean McDonough presents to the Planning Board that Beaver Brook Equipment originally had the site plan. Mr. McDonough attended a meeting this same day with Steve Chabot and Jim Kirsch to determine what needed to be done to satisfy the site plan. The owner is not conducting the same business on the site plan as the previous owner. Beaver Brook Equipment was going to have an office building with lots of pavement for parking. Loren Realty Trust has since purchased the property, and they would like to minimize the amount of pavement in the back lot and revamp the site plan to leave dirt in the back lot. The landscaping still needs to be done on the site. There are 2 handicapped parking spots required in the front according to the site plan, but this will not allow enough room for flatbed trucks. The elevation of the building is lower by 8 ft according to the plan. Sue Killam informs Mr. McDonough that he needs to hire an engineer and adhere to the Town’s site plan regulations and come back before the Planning Board with a new application. The Town Engineer will review the new plans presented to the Board. It is decided that the major issue is change of use. The building use has changed from light industrial to heavy industrial. It is recommended that the new plans include notes regarding dust control, etc. because the use has changed.

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: The plan is complete, but the engineering review fees must be escrowed with the Town. This did not occur, and Stantec could not perform their review. A letter has been written to the Planning Board to continue the hearing. Sue Killam reads the abutters list. Sue Miner asks the Board if she should recuse herself because she knows the family well. The Board agrees that she does not need to recuse herself. It is decided that the application should be continued because the requirements were not met. The next opportunity to hear this plan is December 5, 2007. There is no confirmation that the engineer will be available for this meeting.

Planning Board Consideration to Adopt the Updates to the Housing Chapter of the Atkinson Master Plan: Eric Steltzer reviewed with the Board the changes made to the charts and graphs for the Housing Updates of the Master Plan. No other changes have been made. The Planning Board is pleased with the end result.

Mr. Steltzer will begin drafting the Vision Chapter of the Master Plan. The deadline is June 30, 2008, and Mr. Steltzer will meet with the Board to discuss this issue.

New Business: The Board had a discussion regarding road bonds, ordinances and regulations. Bill Rollins e-mailed Sue Killam information that the Board should look at and possibly adopt some of the wording. When a road is finished, a developer must post a maintenance bond for two years before the Town accepts the road. Fremont’s language includes additional funds being provided in order to finish a project. Sue Killam suggests that the Board discuss adding language to the site plans. Site plan changes can be completed by the Planning Board, but changes to zoning must go on the ballot. Paul DiMaggio suggests that Sue Killam, Jack Sapia and Ted Stewart discuss this issue and bring back suggestions for the Board to discuss and review. Mike Fletcher feels fees and finds send a clear message to developers, but Sue Killam says Town’s legally cannot enforce fines. Everything the Planning Board does is subject to code enforcement. Mr. Sapia says there are also legal issues to deal with. Mr. DiMaggio feels occupancy permits are more of a hindrance than fines and fees. Developers would rather pay a fine or fee than not receive their occupancy permit. Annual review of site punch lists allows for escalation in order to move developers along. There is nothing currently in the wording to increase bonds if the work is not complete in a certain timeframe. Bond issues continually come up, and it takes some time to word the regulations and ordinances properly.

OLD BUSINESS:

Flood Plain Management Ordinance: There are some Atkinson residents who want to be part of the National Flood Insurance Program, but the Town must adopt a flood plain management ordinance. This ordinance must go on the ballot because it would be zoning change. The Town did not do this years ago because the banks required flood insurance in order to get a mortgage. Some banks now waive the flood insurance requirement because the costs are too high. The federal government is requiring flood insurance if the home falls within the flood plain in order to secure a mortgage. Paul DiMaggio feels the Board should have a banker or mortgage specialist inform the Town as to whether this is in fact true. Jack Sapia feels the Board should bring as much information to the public in a workshop manner before sending this type of ordinance change to the ballot. Mr. DiMaggio inquires as to what the cost benefits are by having these regulations when the chance of a large storm doing damage does not happen often enough. Sue Miner feels this may discourage people from building in the flood plain. How does the ordinance get integrated with the regulations the Town already has with regard to building in wetlands. This ordinance will merge with the wetlands ordinance. There is a small percent of residents in the flood plain. Sue Miner asks if the Town will receive any FEMA money of any kind not related to a flood if the Town does not have a flood plain management ordinance in place. Sue Killam would like to hear the viewpoint of someone from the insurance industry or the banking/mortgage industry. Sue Miner suggests having a representative of FEMA as well to present their viewpoint. The Selectmen would like this to be decided in this election year. Sue Killam would like to hear Ted Stewart’s perspective from the Highway Department’s viewpoint. Granit.unh.edu is the website to check if your property is in a flood plain. Paul DiMaggio has five issues with the regard to the flood plain management ordinance: (1) banker’s requirements; (2) insurance requirements; (3) receipt of FEMA coverage for a storm if there is no flood plain management ordinance; (4) how many residents are affected; and (5) costs incurred by the Town for the previous 100 year storms. Is the Town adding undue burden on residents who did not need flood insurance and now will because of the flood plain management ordinance? Paul DiMaggio’s other issue is the cost for house insurance in flood plain with the flood plain management ordinance versus without the flood plain management ordinance.

Groundwater: The Board discussed additions to the Master Plan for stronger provisions to protect the groundwater both for quality and quantity. The Planning Board must insure the water is adequate for all Town residents as a majority of the residents doe not want a town-wide water system. The visioning chapter will state the future of the Town on a broad sense, and this issue can be incorporated into the Vision Chapter. Eric Steltzer feels it is a key element to the wetlands ordinance as well. Paul DiMaggio feels it should be stated in the Town’s Master Plan if it is not there already. The quantity and quality of the water in Town is a major concern. The Board must make sure industrial development does not affect the water quality and cause contamination. The Town does not know how to manage water as a resource, and the Town must be very careful what it takes responsibility for. There are State agencies with experts who currently handle these responsibilities. The Town wants to protect groundwater, but it must tread very lightly and be careful. The Town can decide what kind of businesses are allowed in Town in order to protect the quality and quantity of the Town’s groundwater. The better educated the community is, the better off the entire community is. The intent needs to be formed in the Master Plan before an ordinance can be put in place. This issue takes a lot of work to put in place. The Board will review the Master Plan for next week’s workshop.

Buildout Analysis: The buildout analysis will be looked at with regard to CTAP. It has been decided tentatively that this issue will be discussed at the December 19, 2007 public hearing.

Exclusionary Zoning: Eric Steltzer is having a difficult time getting in touch with New Hampshire Housing.

The Board reviewed the minutes of the July 19, 2007 Planning Board meeting.

The Board reviewed the minutes of the October 17, 2007 Planning Board meeting.

The Board reviewed the minutes of the November 7, 2007 Planning Board meeting.

The meeting was adjourned at 9:50 pm.

Respectfully submitted,

Raelene McBride