Ms. Killam called the meeting to order at 7:35 PM.

Correspondence

There was not a quorum at this time to approve the meeting minutes of 11/1/06.

Amendments were made to meeting minutes of 11/15/06 as follows:

p.2 - Glenn Greenwood, Rockingham Planning Commission, first bulleted point, 1st and 2nd lines, change: "It was discussed that there was not sufficient community water system for all nine buildings. There is a large groundwater withdrawal permit being applied for."

p.7 - 2nd paragraph from bottom, first line, change: "Master Plan" to "applicant’s overall plan."

p.8 - 8th paragraph, insert: "not" before "take" in Paul DiMaggio’s motion and move entire paragraph to page 6 before "Traffic Study Report, Laurie Rossio".

p. 9 - after 2nd paragraph, insert: "Harold Morse returns to the Board. Harold is a voting member, Sue Miner is a non-voting member."

p.10 - 3rd paragraph, 4th line, change: "will take" to "suggested taking".

Proposed Zoning - Commercial Use on Municipal Property - Robert Brown appeared before the Board on behalf of the Safety Committee. The Committee is recommending that a tower be built behind the salt shed as the best solution for the Town’s communication needs. The Committee has met with Sumner Kalman for his legal input. Currently the transmitter for the Town is at the Plaistow Police Department and does not reach all of Atkinson. Communication between police officers is fine while the officer is in the car, but once they are out of the car there is little or no communication with the handheld communicators. The Safety Committee would like to have at least 95% of the area reachable for communication. Currently only 50% of the Town is reachable. Revenue from the tower would offset the costs to the Town. It would cost the Town $500,000 to build the tower itself, plus the cost of maintenance. If the Town partners with a tower company, there would be a $500,000 savings for the Town upfront to build the tower. There would be an additional $300,000 cost for equipment, which would be located at the tower itself and at other locations basically consisting of receivers. These costs can be paid upfront by some of the partner companies, but the Town will not see any revenue from the tower until these costs are paid. There is concern that the tower will invite cellular providers to build and use the tower, which would be a commercial use in a residential area. Zoning Sec. 800:3. This can be exempt from the ordinance if the tower is available partially for public service. The question was asked of the Board if they would consider this ordinance change, if not then it will go to citizen petition. It was suggested to add a clause limiting the tower on land over a certain elevation. The question of who will control the number of antennas was asked, and the Selectmen will negotiate during contractual talks. Town property taxes will be proportionate to the number of antennas. Cellular companies are always looking for somewhere to put their antennas, and the cellular provider’s use of the tower will help pay for the tower. If the Board works on it, they can have their input, otherwise it will go as a citizen petition without the Board’s input. The Board would like to work on it and does not think all options have been explored. WIFI has been researched, but there would be a $1M impact on residents. The police department uses 2-way radios for immediate communication with dispatch and other officers. Emergency radio has issues that cannot be solved with WIFI. Paul DiMaggio asked if there were any other places in Town to put tower. There are a couple of other places, but Town center is the best location for the transmitter to cover the entire Town. If it is placed elsewhere in Town, the costs would be higher because of the need for more receivers to cover the entire area. The tower on Hog Hill can cover the Town’s needs, but it cannot support cellular antennas and the Town would not receive any revenue from the tower. There is no evidence that the tower would have any affect on the children at Atkinson Academy.

Robert Jones is requesting an increase in size of extended family accessory living unit ("FALU") from 500 sq. ft. to 750 sq. ft. in Zoning Section 450. After speaking with other towns (Plaistow and Salem) whose FALUs are 800 sq. ft., the Town’s 500 sq. ft. FALU is too small. It is not enough room for a kitchen, and with homes being built larger, the FALU should increase as well. The FALU is not a separate home, does not have a separate front entrance, but should be comfortable enough and big enough for a family member to live in. The increase in size will also benefit a handicapped person. Sue Miner asks what if the house is sold and the FALU is used as an apartment. The Town has an ordinance which requires that a family member must live in the FALU. Code Enforcement enforces this ordinance. Before a certificate of occupancy is issued for a FALU, the deed restriction must be registered in the Registry of Deeds. Paul DiMaggio does not believe the request is in compliance with the original intent of the ordinance. The FALU should not have a washer/dryer or a full kitchen. He feels it is being developed into a full-blown separate, individual apartment which was not the original intent. Mr. Jones informed the Board that 1-2 of these FALUs are built a year.

Joseph Guischard appeared before the Board as a non-voting member on the subject of a proposed zoning change to the special exception/home business permit criteria. The medical/dental/veterinary home occupations are limited to 80 hours of employee time, not including himself. He is not allowed to work if an emergency arises if he has exceeded the 80 hours. He is also limited to parking and square footage of the facility and signage. He also cannot have summer employees due to the 80 hour limitation. He is asking to amend (g) to transfer the home occupation only if it is a medical/dental/veterinary home occupation. It will make the transfer of one medical facility to another much easier. Currently you cannot get a mortgage commitment without ZBA approval and the ZBA will not give approval without a mortgage commitment.

The current ordinance waives impact fees for 12 years for occupants over the age of 62. This 12-year period is associated with the Federal Programs. The proposed ordinance would be a waiver indefinitely for occupants 55+. Clause d.1 proposes the applicant can apply for a waiver of impact fees if 80% of the occupants are 55+ and clause d.2 proposes the applicant will be exempt from impact fees if 100% of the occupants are 55+. Paul DiMaggio does not believe there should be a waiver for 80% of occupants 55+ and supports the 100% of occupants 55+. Paul DiMaggio suggested that clause d.2 be worded "may apply for a waiver" rather than "shall be exempt." The 100% exemption ordinance is for the entire Town and should pertain to condominiums with associations who can maintain control of the deed restrictions. Chuck Earley suggests changing dwelling units to condominium units. The Board would support a zoning amendment. Changing 62 to 55 is supported by the Board. Sue Killam suggested the original (d) clause be changed to 55+ and may apply for a special exemption from the ZBA. This change can also include criteria for special exemptions. The development would also need to include a homeowner’s association that would maintain control of the deed restrictions.

In 1982 the Town merged lots in common ownership that were not 2 acres. There is a resident that has been in court for 4 years regarding his lot. The lot next to him was a legal building lot in 1957 and then in 1982 the Town combined the lot with his own lot. The case recently received an appeal hearing in the Supreme Court, and he is attempting to get a ruling to undue the combining of the lots. The Board feels that since it is in the court system, that they should not get involved at this time.

The Board received from Russ McAllister a model flood plain ordinance. The Board is running out of time this year to look into this ordinance. The Board would like FEMA to come and explain the ordinance. The Board discussed this 4 months ago, but wanted more information, the pros and cons of the ordinance. Sue Killam feels it would be another year for the Board to work on and enact this ordinance, and feels the Board needs more information.

J&J Building on Route 111 has a new owner who does not want to rent half the building to manufacture biodiesel fuel. Nothing further has been done regarding this request.

The meeting was closed at 10:50 PM.

Next scheduled Public Hearing meeting December 20, 2006.

Respectfully submitted,

Raelene McBride