Ms. Killam called the meeting to order at 7:45 PM.

Correspondence: Sue Killam read and reviewed the incoming and outgoing correspondence.

Discussion: Sue Killam read a memorandum from the ZBA regarding their decision on the application for a variance with regard to 12 Willowvale. A portion of the land is conservation land, and the owners were looking to divide the land into three lots. They are now looking to divide the land into two lots, but they have not approached the ZBA as of yet.

Peter Lewis will be discussing a new application for a 12,000 square foot golf teaching facility at the Atkinson Country Club in two weeks at the next public hearing.

Continued Discussion - Chris Frye and Peter Lewis regarding Hampstead Water Company proposal for expansion within the Town of Atkinson: The Board discussed Hampstead Water Company’s proposal to construct a water storage structure in open space on Winslow Drive. There is a general discussion regarding this matter because there is currently no application before the Board. The Board reviewed the Zoning Ordinances and the definitions of what is allowed in open space. The following are the Sections the Board reviewed and their definitions:

Section 600:9. Sue Killam reads the definition which includes the permitted uses in the cluster, buffer requirements, parking, open access, and the need for common land to be used as open space.

Section 600:11(b), Buffer Requirements. There is a 50 foot buffer requirement, and only primary access roads are allowed in the buffer.

Section 600:15. Common land is restricted to open space recreation.

Section 600:17. Open space is protected by the covenants running with the land and shall be under the homeowner’s association.

04-210 Open Space. Devoid of man-made, enclosed structures, agricultural, forest and land, developed for recreational wetlands, open sand areas and bare rocks.

Structure. Anything constructed or erected on the ground.

Z52 – Open Space in the RRCD. Section 620:4. This section was cited at the last meeting, and it is regarding the SCR district and not applicable outside of that district. Paul DiMaggio read a definition at the last meeting that specifically allowed water/sewer , but the definition was part of the Section including 620:4 and not relevant to this expansion.

Z55, Section 620:8(b)(3). Permanently maintained for recreation or agricultural.

SD1 – 200(c)(3). The water system definition is public water systems which serve individuals year-round and are owned and operated by municipal water providers. This is a boilerplate definition.

SP2 - 310:2(b). The duties of the Planning Board are to provide public health safety of neighborhoods regarding drainage, flooding, pollution, fire prevention, aesthetics, open space and green space.

SP4 – 520. The danger of noxious or dangers that pose a danger to the Town.

Paul DiMaggio asks the Board if the site plan regulations would be violated based on the structure being a commercial use in multi-family site plan. Sue Killam said it is a residential area where a commercial use is to be overlaid. Paul DiMaggio asks where does the Board have jurisdiction on a site plan that comes into the Town. Should the application go through the Zoning Board and the site plan process? Normally, commercial uses in a residential area would be denied. Paul DiMaggio feels that a site plan would apply to this request. Presently, there is no site plan before the Board.

The structure will bring about a better quality of water control in the residential area. This can be done in the SCR district or via a variance or in a commercial/industrial or commercial/professional, which is included in the permitted use chart. Paul DiMaggio looks in the exclusionary zoning. A weak case could be made that this expansion falls under light manufacturing. This is a commercial business, but it needs a variance. Nothing in the SCR specifies this type of structure as being allowed. The Board will need to wait for an application before they can look at the structure. The expansion can possibly be done without a variance if it is constructed in a sports complex, but this is not permitted in the use charts. This type of structure was not foreseen, and the Board does not know how to categorize it. The Board is concerned with the construction of a storage tank in the open space of Jameson Ridge and is not an allowed use with regard to the Zoning Ordinances.

Amendments were made to meeting minutes of 2/21/07 as follows:

Old Business: DES claims there are two ponds in Atkinson. One is Big Island Pond, but the other is unidentified. Tim Dziechowski cannot find the other body of water and feels that it may be a mistake. Tim Dziechowski wants to speak to Rockingham Planning Commission regarding this matter.

The meeting was closed at 8:45 PM.

Next scheduled Public Hearing meeting is April 18, 2007.

Respectfully submitted,

Raelene McBride