ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Planning Board Workshop Meeting

Wednesday, September 19, 2007

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman;
Tim Dziechowski; Joseph Guischard; Ted Stewart
Alternates: Harold Morse

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

Correspondence:

Incoming

Big Island Pond Corp. dated 8/12/07 regarding new book "Landscaping at the Water’s Edge"

City of Keene, legal notice for meeting of 8/27/07

NH Department of Environmental Services Wetland Bureau, Minimum Impact Expedited Application submitted by Lili Bao, 25 Stickney Road, Map 23, Lot 26

City of Haverhill legal notice for meeting of 9/12/07

NH Department of Environmental Services Approval for subdivision, dated 8/28/07 regarding Mullett Subdivision, 12 Willowvale, Approval #SA2007008171

Planning Board budget printout dated 8/31/07

E-mail from Patricia Goodridge dated 9/4/07 regarding minimum road access requirements under state law

Town of Hooksett legal notice for hearing on 9/11/07

City of Haverhill legal notice for hearing of 9/25/07

NH Department of Environmental Services dated 9/4/07 regarding Casey application for shoreland waiver on 36 Stickney Road, Map 23, Lot 32

Memorandum from Board of Selectmen dated 9/10/07 regarding Freshwater Farms – right-of-way parking

MHF Design Consultants dated 9/6/07 regarding C&C Realty Trust revised plan for Freshwater Farms site

Conservation easement deed for Mullett trustee, 12 Willowvale

Stantec Consulting Services dated 9/14/07 regarding final review of Freshwater Farms site plan

Outgoing

1. Lorraine Mullett Family Trust dated 8/28/07 regarding approval of two lot subdivision

2. C&C Realty Trust dated 8/28/07 regarding approval of site plan for Freshwater Farms, 1 KipCam Road

Eric Steltzer, Rockingham Planning Commission: Eric discussed the following with the Planning Board.

1. Funding in the amount of $4,000 was received for the master plan, and the Planning Board discussed what chapters should be updated. The chapters suggested were a visioning chapter, which would be a little more expensive to do, a natural resources chapter, and an existing/future land use chapter. UNH has a lot of useful data to help with the existing/future land use chapter. It was suggested that Conservation would provide input, and Mr. Steltzer will speak with Glen to see if these updates fit into the $4,000 budget. It would be useful to have a vision chapter if the Town has a land use chapter, but it may be more expensive than the $4,000 funded budget. The Town has already done a survey with relation to a visionary chapter. The collection of data by the Town will allow the chapter to fall within the $4,000 budget. The Planning Board would like to move forward with this chapter. The consensus of the Planning Board is that the vision chapter is what the Planning Board is willing to go forward with.

2. Mr. Steltzer discussed the draft of the housing/community profile chapter. The Planning Board will review the working draft, and if it is agreed upon, the draft will then go to public hearing for approval. Tim Dziechowski suggested this be done before the warrant season starts. Mr. Steltzer suggested that this be done for the October public meeting. Mr. Steltzer suggested taking a look at the housing chapter goals and see if any additions need to be included. Tim Dziechowski suggested putting it on the website for the public to review before the next meeting. Paul DiMaggio asked if the elderly housing issue was addressed, and Mr. Steltzer said he addressed the affordable housing, renting issue. Mr. Steltzer said funding is available to develop an ordinance for affordable housing, and he feels this would be a great opportunity for the Town to look at how it accommodates the elderly in homes such as in-law apartments, accessory living units. Ted Stewart questioned whether there was a deadline to the master plan, and Mr. Steltzer replied that it is an ongoing process to keep the master plan up-to-date. Ted Stewart suggested that a memorandum be send to the Board of Selectmen and the Budget Committee directing the department heads to gather information to update the master plan. Sue Killam agreed and asked Ted Stewart to help her write the memorandum. Mr. Steltzer informed the Planning Board that the CIP was last written in 2001, and the Town should update the CIP in 2008.

3. Building codes are being updated in the Legislature. Mr. Steltzer looked through the building codes and came up with amendments per the State updates and gave them to the Town Building Inspector. The RSA addresses as to which codes are under the State building codes. FPA is regulated under the State fire codes and then the Fire Chief, but the Planning Board has always updated the FPA. Increasing energy and efficiency of building codes was discussed, and the Planning Board would like to consider additional energy efficient building codes for residential and commercial buildings. Other communities have offered incentives such as expedited review processes and town tax credits to builders for energy efficiency in construction. Building fees pay the inspectors and cuts to the builders will cost the Town. If the Town subsidizes the building inspector, then the building fees can be reduced for builders who construct with energy efficient ideas. Renovations and additions are more prevalent in Town rather than new construction. The average homeowner should receive information to be eligible for federal funds if their construction is done with energy efficient ideas. The information is available and needs to be given to the general public. The State is adopting energy efficient codes as the green bill is still in its early stages. Other towns have implemented green building regulations, and the Town should look into implementing these same regulations. Mr. Steltzer is working on a nationwide survey to implement green building regulations.

New Business: Pat Goodrich has brought to Tim Dziechowski’s attention that the Town is not complying with a state law for issuing permits on Class VI roads and private roads. Permits are not issued unless the road is brought up to standards, but there is nothing in the Town ordinance that addresses this requirement. A waiver from the ZBA is required to build on the right-of-way leading into a property in Town. The law excludes lots without frontage, but access over another’s property. This issue pertains to houses on Chase Island and that permits cannot be given without breaking the law. According to Mr. Steltzer, the Board of Selectmen would issue a waiver. Tim Dziechowski says that this does not address an easement of right-of-way with no frontage which would be a ZBA matter. Another property has frontage on a Class VI road and must go before the Board of Selectmen for a waiver/variance. Sue Killam states that the terminology used is used interchangeably and some are not interchangeable. The state law pre-empts the Town ordinances. Pat Goodrich feels the Town ordinances need to be updated. Tim Dziechowski has received responses as to how other towns have responded, and he feels Town Counsel should get involved and the Planning Board should discuss this issue at the next meeting. He states that water frontage properties pay a higher tax rate than other residents in Town, plus they have additional valuation because of the water frontage and yet they have no roads. It is suggested a warrant article be presented to exempt the property from meeting a waiver for building on town non-compliant land.

There are conservation restrictions on the community center land that require no commercial use, and the sign is a commercial use. The sign was also built without a permit on Town land. The Forest Society said there are easement restrictions on the land, and the sign cannot be built. There is the right to access to the land, but not to put a sign on the land, and the deed restricts the sign from being placed there. It is decided this is a Board of Selectmen issue. The Forest Society granted certain rights, but this is a civil matter.

The Planning Board discussed whether they need to work on water withdrawal ordinance that was passed. The consensus of the Planning Board is that this is something they need to get involved with. The Planning Board does not need to write the new ordinance. Ted Stewart feels that an ordinance should be written to allow the Town officials to speak on citizen petitions that affect a large population of the Town. Ted Stewart feels that public officials should be allowed to comment on issues that affect the residents. The Planning Board is mandated by the master plan with regard to municipal water plans which states that the Planning Board not get involved.

Paul DiMaggio made a motion to adjourn. Tim Dziechowski seconded the motion. The motion was unanimous.

The meeting was adjourned at 10:15 p.m.

APPROVED________________________ Respectfully submitted

Raelene McBride