Ms. Killam called the meeting to order at 7:40 PM.

Introductions of Jerry Fortin of Vollmer Associates, LLP, Town Engineer

Correspondence

Discussion of correspondence. Letter from Nancy McGrath, Outreach Coordinator of DES was read to the board regarding dam detention pond which is exempt from future regulations. Chuck will call Nancy McGrath regarding the dam and what out what the numbers refer to.

Review of the minutes was moved to the end of the meeting.

Voting Members: Sue Killam, Paul DiMaggio, Jack Sapia (ex officio), Joe Guischard; Chuck Earley, Mike Fletcher, Ted Stewart, Sue Miner is an alternate, and Harold Morse is recused.

The Abutter's List was read.

Mr. Frye represents Lewis Builders and is presenting plans for the new project. He introduces a 17 sheet plan which identifies the development which allocates land use plans for residential areas, non-residential areas and open space areas.

Phase I consists of a 27-acre, nine 32-unit condominium buildings of residential and non-residential use. The units will be 1350-1600 sq. ft. with a 1500 sq. ft. average. Franchised public water utility system served by Hampstead water company will provide water to the units with a treatment facility on site for wastewater. Working on a large groundwater withdrawal system for the wastewater system. The permit application process has been started and should take 6 months to 1 year to complete application process. Public hearings anticipated regarding well head locations and production.

The condominium unit will consist of 9 units on the 1st through 3rd floors and 5 units on the 4th floor. The plans show that the development will be on 27 acres of the 405 acres of the Atkinson Golf Course. Mr. Frye explains where the development will be on the plans, and the new development will be on the golf course.

Mr. Fortin presents his report with regard to the new development and that their review is in process. Mr. Fortin reports that Bill Rollins has walked the site. Andre Betty is reviewing the traffic study and will have a separate memorandum to the Board. Drainage report is in the process for review and should be available at the end of the week. He would like to meet with Ted Stewart to get together next week to walk the project and review the off site improvement regarding the surrounding roadway for the traffic study.

State permits are outstanding.

With regard to the size of the project, any impact on MS4 standing? Reviews in process and will be issuing memoranda on traffic, drainage and review of the plan. Mr. Fortin agrees that it is premature to invoke jurisdiction.

Glenn Greenwood was to present at this meeting. He was absent from meeting. Sue Killam read Mr. Greenwood’s comments regarding Atkinson Heights development proposal.

288 age-restricted condominium units

9 four-story structures with 2 bedrooms

newly developed private road located on the Atkinson Country Club and Resort

NHDES Site Specific Permit

NHDES Subdivision Permit

NHDES Community Water System Permit

NHDES Large Groundwater Withdrawal Permit

None of these permits have been issued at this date.

Zoning Considerations:

Plan refers to district as Sports Complex Recreational District, but Atkinson Zoning Ordinance, Section 620, refers to it as Golf and Sports Complex/Residential Sub District.

Need to record required covenants in Section 620:6

Open space is shown on plan as being 202.84 acres. Land must be covenanted in the manner outlined in AZO, Section 620:8(b) and ownership compliant with AZO, Section 620:8(a) and documents submitted to Town Counsel before final approval.

Board must determine that community structure does not constitute a non-residential use. Shown on plan to be within residential area #2 and seems appropriate, but does not want any confusion to arise later because of 7% non-residential requirement.

All structures are further than 400 ft. and comply with the AZO.

School Capital Impact Fee requirement. The ordinance is explicit to age 62+. The only alternative is to amend the ordinance to 55. The Board should confirm with Town Counsel there is no amendment prohibition.

Subdivision Considerations:

Board should discuss whether monumentation is to be placed on the land use plan to define resident, non-residential and open space areas.

Centerline road profiles are necessary for Town Engineer report. Full drainage report is necessary for review by Town Engineer.

Plan detailing erosion control device placement during and post construction is needed.

Septic system information is needed.

Erosion and sediment control details are not of a boilerplate nature. There are no specific details in the plan.

More information needed for the community water system.

Site Plan Review Consideration:

Plan provides adequate parking. Plan provides no information on lighting for pedestrians or security purposes and should be provided

Proposed landscaping does not comply with Town standards.

No pedestrian facilities on plan. Should be a network of paths between structures and community building.

Other Considerations:

Traffic impact study for review.

Premature to invoke jurisdiction on the plan. A significant amount of information remains to be submitted.

Board Questions

Ted Stewart said asked whether this has been before the Board before. Chris Frye said there were no plans but Lewis Builders appeared before the Planning Board on August 16, 2006 and had preliminary discussions with the Planning Board. Sue Killam said what was done was very preliminary.

Sue Miner asked with regard to the large groundwater withdrawal system, does a permit need to be in place before completing the plans? That will be an outstanding issue. No plans are signed until all permits are recorded. Lewis Builders cannot do the groundwater until the permit is issued.

Ted Stewart asked if the road layout was available. They are ready to insert the layout into the package. The road profiles have been taken at this time. Culvert sizing will be incorporated into the plan.

Mike Fletcher asked if the water will be withdrawn from the surrounding wells in the area. Environmental Services will give input on monitoring the wells adjacent to the well head/golf course. The well heads may not be on site. They may potentially be a 1/2 mile a way from the site. A network of water mains and pump stations are already in place. Ted Stewart asked if the developer will be getting all the information and permits on time. Chris Frye said he is looking at November 6 as the target date. Chuck Earley asked if he would be able to meet again in two weeks. Chris Frye said yes.

Preliminary reviews will need to be done before going to jurisdiction.

Chuck Earley asked if there were any hurdles he could foresee. Chris Frye has a couple of questions regarding the Planning Board functions, but basically it is standard stuff.

Paul DiMaggio suggested that with this size of development, the more eyes that were looking at it, the better.

Sue Killam asked a question regarding the residential use. 7% non-residential use is allowed. He defined the community center as residential use and not a commercial enterprise. All the Board members are comfortable with the definition.

Discussion of monumentation took place for a project this size. It is not an unreasonable request. The Board requested metes/bounds for residential area. All Board members are comfortable with this. Lewis Builders reserves the right to reallocate the open areas. Do not have to set monuments until specific use for area is set.

Chuck Earley asks about changing the Ordinance to 55+ or do we need to speak with Town Counsel. Discussions have been had with Town Counsel regarding the School Impact Fee Ordinance and whether the Planning Board can amend the Town’s ordinance independently from other towns in the district. Town Counsel says yes the Board can independently amend the ordinance from other towns in the district. Town Counsel felt it was a reasonable request.

Paul DiMaggio suggested that more research be done regarding the School Impact Fee. In order to change the development of the warrant, it will need to go to Town Warrant.

Sue Killam read a letter from Robert Levine, attorney for Lewis Builders, which said the ordinance is limited to age 62+ and asked if the Planning Board would be willing to amend it to 55+. Doing so would require Town vote after a public hearing. Need to have specification in ordinance, otherwise it goes on as a warrant article for a Town vote when changing zoning. At the age 62+, you can potentially waive impact fees.

Paul DiMaggio said Board should go back and look at methodology of the impact fee and see if it is worthwhile reviewing the document and receive input from Town Counsel. Paul will get documents from Shirley in the Planning Office to review.

Jerry Fortin asked about the pedestrian facilities and the landscaping. Chris Frye said they are adding a lighted walkway and will address the landscaping issues in Glenn Greenwood’s memorandum.

Paul DiMaggio asked about the wastewater treatment facility and where located on the plan. Chris Frye said it is located on Sheet 4 of 17 of the plans, on the left side in Open Space Plan 1, 79.19, lower left corner of map. Paul asked if this area is considered open space? Chris replied yes. Essential services is not allowed in open spaces. The Planning Board will need to look into definition of essential services under zoning and what is allowed in open spaces. The Planning Board will check to see if they have precedent of essential services. Essential services is defined in page Z-5 (definitions) and considered a non-residential use. The Board will also look into the definitions of sewer and water services and buildings for essential services.

Gina Stein asked about the 55+ community restrictions. The development is exclusively for 55+. No children or grandchildren.

Joe Gammon asked if any children were allowed at all. At this development, no children can be allowed at all. It is a legally restricted occupancy to have all residents be 55+. Very specific in writing ordinance that it is strictly 55+.

Anthony Copani asked if according to the Federal Fair Housing Act that children can be allowed. The ordinance is in accordance with the Fair Housing Act and restricted to 55+ only.

Mr. Copani also asked how the 4-acre non-residential parcel abutting his property was going to be used. Any use can be less than 7% and must be 100 ft from the boundary line measured from the beginning of the buffer and 100 ft from any dwelling. Would need a special approval of a specific use. Any developments would be subject to a site plan review and there is nothing in the plans. Mr. Copani is concerned the 100 foot setback from his property could be potentially developed into a commercial use. He would like a non-residential area developed somewhere else on the property and not in his backyard.

Paul DiMaggio agrees and the developer should look into that. If a residential building is built, there would be a 400 ft setback if the plan is approved. Currently, the plan is approved only for 9 units. The Board can only vote for the 9 units presented and cannot vote on the nonresidential area abutting Mr. Copani’s property. Need to have metes and bounds reviewed. Peter Lewis offered to walk the property with Mr. Copani. Peter Lewis goes on record that no strip mall will be going in the non-residential area.

Gina Stein asks about the trees that have been cut down and whether there will be any drainage issues or if there is any erosion control. Chris Frye said the only trees have been cut down and all existing ground cover still exists.

The Planning Board indicated that only the 27 acres on the plan is under review and everything else is for future development and not part of this plan.

Ross presented to the Planning Board that the Town of Salem’s only concern was the traffic on Salem’s roads and will get back to the Atkinson Planning Board after the Salem Planning Board meeting. The traffic study indicates deficiencies from Salem to Clubhouse Drive with an increase of between 5-8% in traffic. There will be traffic results at the next meeting one month from now. There will be no additional entrances to the development besides the two existing roads.’

The Planning Board should ask effects on master plan of property and if off site improvements are necessary. Do not want to keep going back to new improvements. Need to find out what the impact is, what do they envision. Need to find out how many residents, amount of traffic. Need to draw scenarios of potentially what can happen regarding traffic impact. There is a maximum buildout of 800 two-bedroom units with commercial and non-residential development. Need to give the Board an idea of traffic impact -- Another 10%? Another 50%? Give the Board and Salem an idea of where the project is going.

The development can be allowed to build single-family, duplexes and quads. Single-family homes can allow children on a 2-acre density and would be subject to impact fees. The elderly component has been allowed for 10 years. The buildings would go up one at a time.

Does the Town have jurisdiction over the use of the country club or can it go private? Peter Lewis said yes it can, but there are currently no plans for it to go private.

Paul DiMaggio suggested the entire Board review the ordinance (Section 620 in its entirety) again.

-- Essential Services allowed in landscape buffer
-- Review School Impact Fee

Sue Killam motions to continue the public meeting to November 15, 2006. Chuck Earley moves, Jack Sapia seconded. Motion to adjourn suspended for a moment.

Paul DiMaggio will have Shirley copy the new ordinance for all Board Members for the next meeting.

Discussion of minutes.

The meeting was closed at 9:48 PM.

Next scheduled Public Hearing meeting November 15, 2006.

Respectfully submitted,

Raelene McBride