Ms. Killam called the meeting to order at 7:41 P.M.

State of NH, Dept. of Environmental Services Wetland Permit for Killam Project, 49 Westside Drive, Map 11, Lot 9.

Fire Inspector, Jeff Murphy dated 2/5/04 re: Derby Talk Farm sprinkler plan.

Conservation Commission dated 2/6/04 re: Lathrop, 33 Maple Avenue wetland permit review.

Conservation Commission dated 2/6/04 re: NHDOT application, Rte 111 wetland permit review.

Selectmen minutes dated 1/12/04.

Keach-Nordstrom Assoc. dated 2/11/04 re: Brookstone Park Child Care Center review estimate.

Donahue, Tucker & Ciandella, Attorney for Jameson Ridge Subdivision re: Documents for review.

Cemetery Trustees dated 2/17/04 re: Jameson Subdivision concerns.

Keach-Nordstrom Assoc. dated 2/18/04 re: Brookstone Park Child Care

Center review letter.

Keach-Nordstrom Assoc. dated 2/18/04 re: Little River Lane review letter.

Keach-Nordstrom Assoc. dated 2/18/04 re: Jameson Ridge review letter.

Outgoing

Memo to Department Heads dated 2/10/04 re: Jameson Ridge Subdivision review and notice of site walk.

Legal Notice for hearing of 2/18/04.

The Public Hearing was opened at 7:51 P.M.

No abutters were present.

Kevin Hatch, Cornerstone Survey Assoc. presented and referred to a previous review letter by the Town Engineer dated 2/4/04. Mr. Hatch reported that the footprint has changed slightly, which will allow for garages in building 7,8,9 and what is now 26. Building 9 is separated into 2 buildings, one is #9 and the other #26. Grading and parking has been adjusted and new septic systems are shown on the plan. All other items in the letter dated 2/4/04 have been addressed.

Ms. Killam reviewed the comments in the review letter, which stated that this amendment should qualify as a minor change and Mr. Keach recommended an expedited review. A current septic design system was to be provided before building permits were issued and this has been done. Ms. Killam noted that the Condominium Association must approve of this amendment.

Mr. Lemery was asked about the square footage. Mr. Lemery noted that the footprint would allow the footage to be approximately 2200 sq.ft. The owners would need to go to the attorney general for approval under the condominium act.

Mr. Stewart made a motion to approve the Amendment to "Cogswell Farm" Site/Subdivision Plan to allow the separation of a previously approved 4 unit building (Bldg. #9) located on Fox Hollow Road into 2-2 unit buildings, Map 13, Lot 1 Bldg. #9, TR2 Zone. The buildings are to be shown as Bldg. #9 and #26. Mr. Constentino seconded the motion.

Discussion: Ms. Killam questioned the ownership recorded on the plan. Developer, Lemery Building Co. is on the plan at this time and Ms. Killam asked that Lemery Development, LLC be reflected on the plan. Mr. Hatch will change the box to read 'owner of record' Lemery Development, LLC.

Mr. Stewart made a motion to approve the amendment to the motion. Ms. Sullivan seconded the motion. Motion approved - Mr. Fletcher abstained.

The hearing was closed at 8:15 P.M.

The next hearing was opened at 8:16 P.M.

The abutter's list was read. Present: Town of Atkinson, Paul Antkowiak, Joseph Cote, Timothy Dziechowski, Porter Holdings, Inc., Sublime Civil Consultants, Inc.

The Board has received a set of restrictive covenants, conservation easements deeds, warranty deeds to the Homeowner's Association for the open space, access easement agreements and public access trails to access the abutting town owned property. Ms. Killam stated that these documents were not forwarded to the Board members for them to review and apologized for this. The Board has also received a letter regarding these documents from Town Counsel stating that he has not seen a set of plans and hoped that the Planning Board would review the documents closely. He requested a set of plans and a meeting with the Planning Board before commenting on this plan. The Board will review the documents and a meeting with Town Counsel will be scheduled.

Ms. Killam reported that she has received correspondence from Tuck Realty Corp. to the Cemetery Trustees. An agreement has been reached for the sum of $5,000 to be used for the construction of a fence along the westerly side of the cemetery property. Also provided is a 10' easement, approximately 1100' along the easterly side of the Dickey property, Map 13, Lot 30, for the installation and maintenance of the fence. The fence will be a 6' high chain link fence with black plastic coating. A letter from the Cemetery Trustees confirming this agreement was also read. The letter thanked the Board and Tuck Realty for their offer. The $5,000 will be used to offset the cost of the fence. The Trustees hope to have a warrant article on the ballot for next year to complete at least one side of the fence. The fence will be located behind the stone wall. The easement is part of the open space. The applicant has 2 1/4 acres of open space, which is above and beyond what is required. The supplemental easement language for the cemetery easement will be provided.

Mr. Stewart asked if the fence is permitted in the buffer. The trail easement was discussed. The applicant and the Conservation Commission will walk the site to better document this. Another piece may be added. The question was raised if this would be an easement within the open space or should it be a pedestrian right of way deeded to the town. Ms. Stewart requested that this easement have the fewest restrictions possible for the town. Ms. Killam felt that this is a legal question that Town Counsel should answer.

The applicant has met with the Fire Department and a hydrant will be added on Main Street. Additional notes will be added to the plan regarding driveway lengths and max building heights. The Fire Department may be looking for a turn a round at the end of the driveways. Ms. Killam asked about the water going to these hydrants. There will be a pump house and water system for the domestic water supply. Pump tests will be done to see what the pumps will be able to provide at the hydrants. Results should be ready by the next meeting. The Fire Chief also wants to make sure that any portion of the living units be 50' apart. The Fire Department and the Road Agent had no problem with the landscaping in the middle of the cul de sac. An additional retention pond has been added.

The Town Engineer's letter was reviewed.

The majority of the design comments have been addressed.

General Comments: 1) All required state permits are required before approval. 2) Performance bond required.

Zoning Matters: 1) A final draft of the Homeowner's Association documents is needed prior to or as a condition of approval. 2) Lots are subject to impact fees.

Planning/Design Matters: 1) Slope and Drainage Easement defined by metes and bounds and appropriate easements be provided for all planned water system construction outside of the future public right of way. 2) A benchmark be provided on Sheets C-2 through C-4. 3) That various owners statements provided on the project be signed. 4) A note should be added specifying that all proposed driveway aprons, with culverts be constructed contemporaneously with the proposed street in order to insure that completed roadway construction will not be disrupted at the time of construction. 5) All applicable licensed professionals should stamp the final project plans. 6) It is recommended that the curbing be truncated at or beyond the edge of the gravel shoulder at Main Street in order to avoid possible interference with snow removal operations. The plans should indicate the last segments of curb are to be 'tipped down'. 7) The invert at FES 29 and FES 21 be specified on the plans. 8) The cross-section for Sta. 22+50-Right be revised to depict guardrail and the cross-section for STA 25+50-Left be revised to depict under drain. 9) The design engineer should check inlet gate capacities of proposed catch basins CB-10 and CB-11.

Mr. Keach noted that the water supply system is a work in progress and explained the tests that will be done. The plan should show a way to get to the well and water supply building and Mr. Keach asked the applicant to add this to the plan. Mr. Keach suggested putting in high velocity drains in the two basins closest to Main Street. The applicant agreed to this.

Ms. Killam opened the hearing to the Board for comment. In response to a question by Mr. Morse there will be an easement for the manager of the water system. The cemetery fence was discussed and the question of whether the fence would be allowed in the open space. The regulation was read. The applicant reported that the fence would be on the owner's part of the property because the cemetery trustees want to preserve the stone wall that is delineated. The question was raised if the Zoning Board should rule on this. It was suggested that this section be called 'Parcel A' instead of 'open space'. The Homeowner's Association with an easement to the cemetery would own the parcel. The applicant would like to go in the same direction with the trail. A 10' setback could be created around the entire perimeter and the applicant was in agreement.

Mr. Constentino asked about the guardrails and this was explained. Mr. Stewart had concerns with the curbing at the edge of Main Street (Planning/Design Matters #6). He felt the type of curbing proposed would be difficult and costly to maintain. The applicant will go along with whatever the road agent recommends. The applicant noted that this was strictly astetical and the curbing will be reworked. Mr. Stewart strongly objected to any obstacles that would interfere with plowing. The applicant informed the Board as to what the entrance would look like. The town will get a 50' right of way. The Board did not want the proposed stone wall to be in the right of way. There will be 30' of pavement, curb, 10' panel and the stone wall. Discussion continued on the life of the road and the Road Agent recommended that the proposed road follow the standard road construction. Discussion continued on the proposed under drains. The applicant agreed with Mr. Keach's and Mr. Stewart's suggestions. The road will be built to town standards.

Ms. Killam asked what the state's position is on a deceleration lane. The applicant stated that this would not be necessary. Ms. Killam suggested that, because the new roadway will be where the speed changes from 30 mph to 35 mph, the 30 mph should be continued beyond the proposed road. Mr. Constentino agreed and will check with the state.

The hearing was opened to the public.

Mr. Antkowiak asked if the trail exists today and who owns the property. He asked if the town would own the trail or the homeowners. Ms. Killam informed him that the trail would be for public use, the ownership question will be left to the attorney to create the wording for an appropriate easement to allow for public use. Mr. Antkowiak stated that Woodlawn Avenue comes to a dead end and is partially paved. He asked if residents using the trail would park their cars on Woodlawn Avenue. Mr. Antkowiak was told that there is an existing trail that is being used now. The proposed idea is to relocate it to the back lot property. Mr. Consentino did see the parking issue as a problem and suggested 'no parking signs'. Mr. Antkowiak had no problem with children using the trail, which is the intent. Ms. Killam asked Mr. Stewart about the cul de sac shown on the plan at the end of Woodlawn Ave., which was never built. She asked if the town owns that piece of right of way. Mr. Stewart stated that it needs to be surveyed and that it is part of a reconstruction program in 2005. There is a triangle shown on the tax map with the point touching this parcel. Map 13, Lot 110-1. No one knew why it was there. This will be a question for Town Counsel. Mr. Consentino asked if a 50' right of way could be added that would tie into Woodland Ave. The developer did not feel it would work. Mr. Antkowiak had a question on the new hydrant and the testing process was explained to him. Mr. Cote asked about an abandoned well building that had been used by the fire department. This will be located and filled in. Mr. Dziechowski asked if the Historical Society had been notified. They had wanted to photograph a cellar hole. The developer will provide access for them.

The developer felt that most issues had been taken care of and would like to move toward approval at the next meeting. He was told that the biggest issue at this time was the Homeowner's Documents and the meeting with Town Counsel. Mr. Morse noted that there are some outstanding issues with the community water system as well. Ms. Killam stated that approval would come when all zoning matters are satisfied, the Board has no control over state permits.

The hearing was closed at 9:20 P.M.

The next hearing was opened at 9:24 P.M.

3. Engineering Alliance, Inc. for Heyland Development, LLC and owner John Lathrop III, - Continued review of application for a proposed 6 lot Rural Residential Cluster (Little River Lane) on 15.6 acres located at 33 Maple Ave. Map 9, Lot 33, RR2 Zone. Extended Jurisdiction 1/21/04.

 

The abutter's list was read. Present: Town of Atkinson, Engineering Alliance, Inc.

Ms. Killam reported that a site walk was held. Ms. Killam and the engineer attended. A letter from the Conservation Commission addressed to the Wetlands Bureau was read. The letter listed all their concerns and, because of the engineering construction needed, they requested that the Town Engineer visits the site during construction and follows up with written reports to the state.

Jim Hanley, Engineering Alliance presented. All modifications requested by the Town Engineer have been completed and submitted to the Planning Board and Mr. Keach.

The Town Engineer's letter was reviewed.

General Comments: 1) Two state permits are pending, Wetlands Permit and Subdivision Permit. 2) Performance bond needed.

Zoning Matters: It is recommended that the Board have Town Counsel review the Homeowner's Association documents and protective covenants. Discussion - the developer presented a copy of the restrictive covenants and the conservation agreement. This is in a preliminary form.

Planning/Design Matters: 1) All plans stamped and signed by design professionals and the owner and applicant should sign Sheet C-3 in the spaces provided. 2) It is recommended that proposed house numbers assigned by the fire department be noted on Sheet C-3 of the plans. 3) It is recommended that the proposed street name be indicated on all applicable plan sheets. Discussion - The street numbers have been issued and will be put on the plans in the final stages.

Ms. Killam talked about the site walk noting that it is an amazing site. Twenty feet of fill will be needed to cross the brook. This is a tough site with poor access to the property. Mr. Morse referred to a conceptual driveway plan that was submitted at a previous meeting and asked if this could be made a minimum acceptable requirement. Mr. Keach felt this could be done. He agreed that this is a difficult site and that some of the concerns expressed by the Conservation Commission were well taken. The amount of earthwork to utilize the lot is beyond the norm. Because a lot of earth will be moved, Mr. Keach had concerns with erosion in heavy rain. Mr. Morse asked the developer if he would consider a common driveway servicing three homes. The developer felt that that the properties would be easier to sell with their own driveways.

In reply to a statement by Mr. Stewart, Mr. Keach stated that, if you open up more than an acre of land, you have to file a notice of intent before excavation. Mr. Stewart wanted to see a stipulation that the developer would open up one lot at a time. If three lots were opened at once and it rained the effect of the erosion would be multiplied. Mr. Keach felt Mr. Stewart's point was well taken and thought it would be reasonable for the Board to require the driveways be paved and stabilized before issuing building permits. Ms. Killam noted that, if the ownership changes, you lose control. Mr. Keach advised the Board not to rely on the state but to require stipulations and condition approval on a site-specific erosion control plan and bonding of all roadways. Mr. Stewart asked about snow storage and the possibility of an easement for snow storage was discussed. It was noted that the grading and slop easement could accommodate snow storage. Mr. Keach stated that he would like to see them cross the brook, and get the driveways stabilized before the road goes in.

The developer asked how the houses would be numbered using a shared driveway and this was discussed. The developer asked if the Board would be willing to vote on this tonight if the applicant agreed on a shared driveway and if the Board would grant a waiver to the driveway specs so that a 12' driveway could be maintained at 12%. Mr. Keach noted that the houses would be sprinkled and questioned if a waiver would be needed. The Fire Department would need to comment on this.

Mr. Keach suggested that building one be bonded. The Board will bring the Documents to Town Counsel when they meet with him. The developer will come back with easements and a specific driveway design and bonding of roads.

The developer requested that the Board approve this plan conditionally based on the completion of all above items. Because the Board and town counsel has not reviewed the Homeowner's Association documents and because the board will need to review the revised driveway design plans, the request was denied.

The developer was given specific instruction as to what is needed for the next meeting.

The hearing was closed at 10:20 P.M.

The next meeting was opened at 10:22 P.M.

The abutter's list was read. Present: Jeric Realty Trust, Town of Atkinson, PAVCO, LLC, SFC Engineering/L. Zebrowski.

Ms. Killam questioned the signature on the plan. The trustees are Harold Brooks and family. A letter authorizing the signature on the plan is available and will be submitted to the Board.

Linda Zebrowski, SFC Engineering, presented this 6,000 sq. ft. day care center on a parcel in Atkinson that borders the town of Derry. Jeric Realty Trust owns a 65-acre parcel in the town of Derry, which they are developing into an office park and last year into a golf course with function hall. The parcel before the Board is an adjacent piece of property, which has access to the Derry piece and through the office park. The conditions of the variance they received were that they would remain 75' from the back property line and disturb no existing trees. There are two pockets of wetlands in the rear and they would have to maintain the 100' setback. The building is set as far away from abutters as possible and as close to the Derry piece as possible to create a 'campus' feel. The playground is in the rear away from the other office buildings. The back of the lot is a 3.6 acre piece. There is an on site septic system and well.

The developer has used the requirement of 1 parking space per teacher (10 spaces) 33 spaces can fit on the site, which is adequate parking for student drop off and pick up. There is good site distance onto Rte #111 and a traffic study has been done for the Derry parcel. They will be meeting soon with the Derry Town Planner.

The Town Engineer's letter was reviewed.

General Comments: 1) State Permits are needed. The driveway permit has been received for the Rte. 111 entrance, which included the day care center. 2) Approval from the Derry Planning Board is needed and the Derry Town Council and Planning Board should be noticed as abutters. Discussion: The Town of Derry was noticed correctly.

Zoning Matters: 1) It is recommended the text of this note is expanded to indicate the specific Article and Section of the Zoning Ordinance from which the applicant received a variance. 2) Sheet 3 of 8 shows a small area of jurisdictional wetlands situated approximately 50' to the south of the proposed building. Buildings must be situated not closer than 100' from jurisdictional wetlands. Discussion: The soil scientist was not obligated to show this 200 sq. ft. piece of jurisdictional wetlands because it is smaller than the mapping standards. Because he chose to show it on the plan the 100' setback requirement must be adhered to. Mr. Keach stated that he did not want to see the applicant go back to the Zoning Board for this but he did not see the choice.

Planning/Design Matters: 1) Mr. Keach included a list of requirements that should be added to the project plans. 2) The type of proposed sidewalk construction should be noted on Sheet 3 of 8. 3) Handicapped parking only signs should be specified for installation at each planned handicapped space, and the dimensions of each handicapped space should be indicated on the plans. Discussion: Section 635:8 re: Parking Density - requires 1 space for teacher and 1 for employee. One sheet is calculated correctly, the letter of intent was not correct. Mr. Keach noted that there is ample parking. 4) Sheet 3 of 8 should indicate the intent to extend the sidewalk to the proposed building. 5) It is recommended the design engineer recheck design "spot" elevations noted on Sheet 4 of 8 in the vicinity of the proposed handicapped ramp.

Mr. Keach asked if the soil scientist had to show the small wetland area. Ms. Zebrowski presented a letter from the soil scientist that stated that it is of relatively low wetland value that is already disturbed. Section 410:3 was read. Mr. Keach felt that this wetland was the result of man made activity. Mr. Keach suggested the wetland be erased or a variance is needed.

In reply to a question by Mr. Morse as to the where the lot line is it was noted that this parcel is one lot. Section 674:53 I and III was referenced. The town line goes through the lot.

Mr. Brad Richards, who is with Harold Brooks Company, stated that they would take care of the wetland's issue before the next meeting. Regarding accessing the site, they were required by the DOT to reconstruct the entranceway, which has been done. The traffic study indicates that this building would be part of the site.

The Board discussed the request from Lemery Building, LLC to pull the existing bond. There is a question of ownership and Mr. Keach did not feel this could be done. This bond would have to be replaced with another bond. Lemery Builders is no longer the insured party. The bond is for the completion of Granite Ridge Road. The Board will take this issue to Town Counsel with no occupancy permits issued until a bond is in place. This may be an issue for the Selectmen.

The meeting was adjourned at 11:46 P.M.

Next scheduled Planning Board Meeting March 3, 2004.

APPROVED__________________________ Respectfully submitted,

Carol Kater