ATKINSON PLANNING BOARD

Atkinson, New Hampshire

 

Public Hearing/Workshop Meeting

Wednesday, January 18, 2006

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman; Harold Morse (8:05); Mike Fletcher

Alternates: Ted Stewart 8:10); Tim Dziechowski

Ms. Killam called the meeting to order at 7:47 PM.

Correspondence

Incoming

Letter to Selectmen from Nicole Cheney dated 12/22/05 re: Board Resignation.

State Dredge & Fill Application for Paul Masone, 30 Stickney Road, Map 23, Lot 36 & 37.

Letter to Board of Selectmen from Attorney Robert Levine dated 1/10/06 re: Zoning Amendment Section 620 text.

Letter to Selectmen from Attorney Robert Levine dated 1/10/06 re: Zoning Amendment Section 620 text for ballot.

Attorney Sumner Kalman dated 1/9/06 re: Polito v. Town of Atkinson decision granting Intervention.

Road Bond Report dated 1/12/06.

Impact Fee Report dated 1/12/06.

City of Haverhill Legal Notice for meeting of 1/31/06.

Selectmen Minutes dated 12/12 & 12/27/05.

Outgoing

Town Clerk dated 1/10/06 re: Zoning Amendment Text for Ballot of 3/2006.

The Board dispensed with the Approval of Minutes from January 4, 2006.

The Public Hearing was opened at 8:02 PM.

PUBLIC HEARINGS:

Continued from December 21, 2005

Michael & Denise Chambers submission of an Application for Formal Consideration and Approval for a proposed Subdivision Plan to create 2 Single Family Building Lots on property located at 43, 43A Main Street, Map 5, Lot 4, TR2 Zone.

The Planning Board recommended a continuance. The Zoning Board has continued Mr. Chambers hearing to allow him time to evaluate his options on this lot, which the board determined to be non-conforming.

Mr. DiMaggio made a motion to continue this hearing to February 15, 2006. Mr. Fletcher seconded the motion. Motion approved unanimously.

Giles Gagnon - Continued review of proposed Site Plan of a 14,400 sq.ft. (60'x240') Industrial - 9 Unit Warehouse Building for property located at 12 Industrial Way, Map 16, Lot 50, CI Zone. Taken under jurisdiction 11/16/05.

The abutter's list was read with no abutters present.

This plan is very close to the 90-day limit. The Town Engineer has not received any further information.

Mr. Fletcher made a motion to deny this application because the Planning Board has not received a request for a 60-day extension. Mr. DiMaggio seconded the motion. Motion approved unanimously.

Mr. Stewart reported a stock piling of debris in the shoulder area around the site and a recommendation for a cease and desist to Selectmen will be made.

Discussion:

Master Plan

Ms. Killam asked for volunteers to work on the Master Plan. There is no one working on it at this time. Ms. Killam, Mr. DiMaggio, Mr. Morse and Mr. Stewart all volunteered to help. Ms. Killam reported that $10,000 was put in the budget for a consultant to assist the committee. It was also suggested that Rockingham Planning could help. The Selectmen could mandate the Department Heads to work on the CIP once the Master Plan is completed. The Planning Board will begin discussion of the Master Plan on the next Workshop Meeting, February 1st, and they will continue to meet every Wednesday. The CIP will be completed after the Master Plan is done. Ms. Killam will invite the new members. It was suggested that the Board ask Rockingham Planning to work with the new members.

Police Radio Communication

There was discussion before the Selectmen regarding a warrant article for the construction of a communication tower at the fire station. This would not work because the location is not in the commercial zone. The issue remains that the police department has to enhance their communication capabilities throughout the town. Mr. Stewart stated that the town could get around the zoning issue if it's for their own use. Mr. Stewart felt that there would be room for some equipment next to the siren in the fire department tower. Ms. Killam agreed with this but she had heard that the tower is not tall enough. She felt that the Board has been getting incomplete information.

Other options were discussed such as using Town Center or an existing communication tower. Ms. Killam asked Mr. Stewart if he would propose changing our zoning to allow something different. If the town comes in with a plan that does not meet zoning the Board can discuss it and make recommendations. Municipal uses that are in conflict with zoning regulations needs to be researched. Mr. Dziechowski discussed the possibility of a wireless carrier filing a lawsuit which would override our zoning due to the Telephone Reform Act of 1996. It was suggested that this be made part of the Master Plan.

Bonding Procedures & Erosion Control

Mr. Stewart discussed the need to tighten our zoning in these areas. Ms. Killam agreed noting that there is Federal Law. Site Specific does not cover erosion control and Mr. Stewart felt there should be something at the town level where infractions can be caught before it goes Federal. Mr. Dziechowski reported that there was a wetland violation last spring on Rte. 111 that has not been addressed yet. Mr. Stewart stated that residents should be able to work on their property as long as it does not impact on their neighbors and this should be enforced. The Town Engineer should review the DES Storm Water Management Plan that's submitted but the engineers are not empowered to do any enforcement or inspections. This is a loophole in our zoning.

Mr. DiMaggio suggested checking with other towns to see what they are doing.

Ms. Killam noted that the Board never sees the Storm Water Management Plan. The only requirement is that the applicant must do this and that an engineer must complete it. Mr. Keach reviews the plan and Mr. DiMaggio assumed that Mr. Keach would follow through and make sure the work is done. Mr. Stewart stated that the town engineer has no authority to enforce the plan. Ms. Killam felt that we could incorporate the same requirement in our own ordinance to make it something we do have control over. Mr. Stewart stated that Mr. Keach would be the one to advise the Board. Ms. Killam thought that Site Specific on the state level was changed from a 40,000 sq.ft. requirement to a 5 acre requirement.

It was decided that the Board needs more information and Mr. Keach will be contacted. It was suggested that Mr. Keach review the Master Plan for his input.

Discussion continued on the reconstruction of stone walls in the town and the fact that some of the work specified on a plan that does not require zoning is not being completed.

Design Planners Assistance

Mr. DiMaggio discussed this plan to get designers together to receive $25,000 worth of free help for certain projects. One of the items they offer help with is for a redevelopment plan for a small downtown center. Mr. DiMaggio would like to see a center of town. It would cost the town about $2500 if the town were chosen for this project. Mr. Stewart discussed the lack of town planning regarding the lake area, the lack of town access and the need for a sewage treatment plant. He felt that the town could still work on this and that we have the ability to do this. He would like to hear a couple of engineers brainstorm this issue in conjunction with work on the Master Plan. The difficult part is that the lake area is filled up and the Planning Board does not have the opportunity to have any impact unless there is an overall plan for the area. The Zoning Board has been working on regulations to address this issue and Mr. DiMaggio hoped that this would continue. Discussion continued on the real estate the town owns on the lake such as the canoe launch. Some of this land is not accessible but it does abut Rte. 111. Mr. Dziechowski noted that municipalities have a lot of leeway with the state and the DES in terms of redevelopment.

It was determined that these are issues for Master Plan discussion.

Mr. Fletcher made a motion to adjourn. Mr. DiMaggio seconded the motion. Motion approved unanimously.

Meeting adjourned at 9:16 PM.

Next scheduled Workshop Meeting - February 1, 2006.

 

 

 

 

APPROVED______________________Respectfully submitted,

 

 

Carol Kater