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

material removal.

Plaistow Planning Board, Legal Notice for meeting of 3/17/04.

Zoning Board of Adjustment dated 3/10/04.

Zoning Board to Kevin Camm dated 3/15/04 re: Glenn Saba approval of

wetland variance.

Amendment approved by ballot of 3/9/04.

Ms. Killam opened the Public Hearing at 7:55 P.M. and introduced the members of the board.

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

Most of the concerns in the last review letter from the Town Engineer have been addressed. Correspondence has been received from the DOT and they are looking for a decel lane. This has been added to the plan and is 100' long, 10' wide, 10 to 1 taper, highlighted on Sheet 5. In response to a question from Ms. Killam the decel lane would not affect the proposed stonewall. Mr. Consentino felt it would not be a problem to extend the speed limit. Benchmarks are still needed and will be added.

Mr. Keach's letter dated 3/17/04 was reviewed.

Zoning Matters: 1) Mr. Keach recommended that any amendments to the Homeowner's Association Documents be received prior to or as a condition of approval.

Planning/Design Matters: 1 through 5) are minor issues. 6) Testing performed to date by Prescott Wells has confirmed that an adequate source of potable water, in terms of quantity and quality, will be available for the development via an on-site well. The water system consultant will commence preparation of final water system design plans. It is recommended that this information be submitted to the Board when available.

Discussion: Traces of petrolium were found which might have been caused by grease on the drilling apparatus. The well will be re-tested. Sheet C-4 shows the well house piping in relation to the houses. This information is included in a cover letter that was presented to the Board. Ms. Killam asked about fire suppression and it is adequate. Mr. Fletcher asked what would happen to the excess material. Some of the material will end up on one of the lots as fill. The site contract has not been awarded yet. Stump burial is usually on site, in building setbacks and between lots. A location has not been determined at this time. The concern would be the disruption of the buffer area. The developer will avoid the open space common area if this is an issue.

Two easements have been added to the plan, Sheet S-1 Cemetery Easement and S-2 Trail Easement. The developer has walked the site with the Conservation Commission and the trail was flagged and surveyed. The trail is closer to the lots than originally thought and some relocation is needed. The 15' easement runs along Lots 13 & 14. Mr. Dziechowski of the Conservation Commission stated that they are trying to gain public access to Saw Mill Swamp. There is an existing trail that will run along the edge of the Dickey parcel to a point where it will intersect land that is owned by the Town of Atkinson. The commission will be putting a warrant article on the ballot next year to attempt to obtain an open space bond which will allow for the purchase of other land. The parcel to be avoided is 13-87.

The hearing was opened to abutters.

Mr. Antkowiak asked about the location of the proposed turn-a-round. Mr. Constentino explained that there are trees that could be cut down at the top of Woodlawn Ave. to create the room. He suggested that any interested parties attend the Selectmen's Meeting on Monday to discuss this issue. Mr. Antkowiak asked where the trail would enter from Woodlawn Ave. and he was shown the area. Town owned land will be cleared as designed and the space will be utilized for a turn-a-round and a couple of parking spaces. It was hoped that the developer would clear the area at no cost to the town. Tuck Realty agreed to cut down some trees for the road but it is not certain if they would agree to cut down any more. Mr. Constentino suggested that the residents at the top of the hill be made aware of what is being done and is in agreement with it.

Mr. Cote asked about the re-testing of the well and what would happen in the

event of a drought. He noted that, when the last test was done, his water level

dropped 13'. Mr. Keach stated that this amount is insignificant and reviewed the

packet of information received from Prescott Wells at length to reassure him.

Mr. Cote was concerned that he had not received any of this data. Mr. Keach

suggested that he contact Mr. Prescott with any questions or he could contact the state. The results will be reviewed by the state and a permit will be issued. Sue offered to provide Mr. Cote with a contact person at the state level and a telephone number where he could get some answers. Abutters in the radius involved were asked if they would like to have their wells tested and some have responded. The applicant will send the results of the test to all abutters.

The hearing was closed to abutters.

Ms. Killam asked about the dimensions on Lot 29. She noted that the buildable area takes up about 60% of the lot. She wanted to make the developer aware that the lot is tight and was concerned that a variance may be needed.

Mr. DiMaggio asked about the length of the cul-de-sac and a discussion regarding cul-de-sacs followed. Mr. Keach suggested that, if there are any concerns, it should be by the Police and Fire Department as a safety issue. Section 310 was discussed re: connecting roads. Ms. Killam noted that the town does not have the land available in this particular location to do this.

Ms. Killam asked if a letter had been received from the Fire Department. The applicant reported that he had met with the Fire Chief and his only concern was having an adequate water supply to all the homes and this has been addressed with the location of the hydrants. Mr. DiMaggio did not want to take any action without input from the Fire Chief. Ms. Killam requested that Chief Murphy put his input in writing for the file.

Mr. Consentino asked what has been decided on the curbing to the entrance. It was agreed that a sloped granite curb would be used. The revision has not been made on the plan. A hydrant has been added on Main Street, a total of four hydrants are shown.

Ms. Killam reported that the documents have been received and she had reviewed them. The Conservation Easement Deed controls the use of the open space in perpetuity. We had asked for a legal description of the open space area and this is still being worked on. It was recommended the documents specify that the well house is included in the open space and the wording will be changed to reflect this. Ms. Killam had a question on Section B - the developers reserved rights and felt the language regarding tree farming and agriculture for use in the open space may conflict with zoning. The language will be amended. Mr. Keach referred to the disposal of waste excavation and felt that this should be inserted in the document. The Access Easement Agreement states that the town will be responsible for maintenance. Warranty Deed of the open space that is conveyed to the Homeowner's Association. A Restrictive Covenant for the subdivision, which allows whatever rules the developer may find appropriate. Cemetery Easement allows for 10' of fencing along the property line. Specific wording will be added.

Discussion: The developer stated that at the last meeting he asked the Board to inform them of the outstanding issues needed to get an approval. The developer was given a list and they felt that the concerns have been addressed. He stated that they have worked hard putting the well information and legal documentation in order and noted the short list of outstanding concerns by the Town Engineer. He respectfully asked the Board to consider granting an approval with conditions this evening. He was aware that there were minor corrections needed and assured the Board that they would be addressed.

The lists of items that need to be addressed are as follows:

Some state approvals, fine tuning on the documents, a letter from the Fire Chief regarding road name and configurations, the continuance of the testing of the wells. The developer again asked that this list be a condition of approval and this request was denied. No action was taken on this motion.

Tuck Realty requested that jurisdiction be extended to the Workshop Hearing on April 7, 2004.

The developer requested a poll of the Board and the request was granted.

Tuck Realty requested that jurisdiction be extended to April 21, 2004.

The hearing was closed at 9:30 P.M. Mr. Consentino left the meeting.

The next hearing was opened at 9:31 P.M.

John Lathrop III, - Continued review of application for a proposed 6 lot

The abutter's list was read. Present: Engineering Alliance

Mr. Keach's letter was reviewed. He noted that some state permits are pending and bonding is required.

Zoning Matters: Homeowner's Documents

Planning/Design Matters: 1 and 2 are minor issues.

3) At the last meeting Lots 4,5,6 were discussed and a conceptual grading plan was submitted. Mr. Morse suggested that it might be a better situation if the three lots shared a common drive. This initiated a vote by the board to waive a section of the road specifications to allow a common drive. Sheet C-4 shows this design which accomplishes the desired result and removes a lot of earthwork in the area. Mr. Keach felt that this is a better plan than the plan presented a month ago. Mr. Keach discussed the five points he feels are needed.

It was recommended that driveway cross culverts be installed at or near driveway stations 2+50 and 3+70-Right in order to diminish the volume of continuous storm water flow through the proposed driveway ditch line on the 'uphill' side of the drive.

It is recommended that a typical cross-section of the proposed common driveway construction be provided and all portions of this drive 'common' to more than one home be paved for term stability.

Sheet D-2 of the project plans includes a variety of standard best management practices for erosion and sedimentation control. It is recommended that Sheet C-4 be expanded to indicate where each practice is to be incorporated into the construction of this common driveway. It is recommended that specific erosion and sedimentation control provisions be specified for stabilization of proposed driveway ditch lines and 'cut' embankment slopes.

It is recommended the proposed common drive be constructed through Sta. 4+00 as part of the proposed infrastructure construction and that this portion of the common driveway construction be subject to the same performance guarantee and inspection requirements as Little River Lane. It is recommended this portion of the common drive be constructed through the binder course of pavement prior to issuance of building permits for any of these three lots.

It is recommended that provisions be made in the future deeds for these three parcels for continued maintenance of this common driveway.

Mr. Keach felt this is a much better use of the land and the developer had no problems with his five issues. On March 9^th a construction cost estimate was submitted by the developer and this information is available. Additional access easements will be provided for the three lots. The developer spoke with Chief Murphy regarding the road waiver and he had no concerns noting that the houses are sprinkled. The documents were reviewed and Ms. Killam noted that some corrections are needed. In the Conservation Easement Deed it is noted that the grantor has the right to locate water wells, water mains, pump stations, water treatment infrastructure, fencing and other utilities and equipment. Ms. Killam stated that this cannot stand without review of this Board and hoped this would be corrected or is made part of the plan.

The developer requested a conditional approval.

The developer stated that he had two meetings with the Fire Chief and that his specific request was that the buildings be sprinkled, which was agreed to, and a note has been added stating that the buildings would correspond to NFPA Standards. The Board has not received a letter from the Fire Chief with his comments.

The list of items that need to be addressed are as follows:

Chief Murphy's letter, changes to the plan as suggested by the Town Engineer, edited documents.

Discussion: Mr. DiMaggio agreed with Mr. Keach that this is a much better plan that was originally submitted.

The developer stated that there are only a few minor items that need to be corrected and again requested a conditional approval. This request was denied.

The applicant requested that jurisdiction be extended to April 21, 2004.

The hearing was closed at 10:00 P.M.

The next hearing was opened at 10:04 P.M.

Jeric Realty Trust continued review of a Commercial Site Plan for a

The abutter's list was read. Present: SFC Engineering/L. Zebrowski

At the last meeting it was determined that a power of attorney was needed for Eric Brook. The applicant stated that Eric Brook is a trustee of Jeric Realty Trust and a power of attorney was not needed. The applicant had sent in a letter confirming this but the letter had not reached the Board at this time. The applicant will see that the Board receives a copy.

Ms. Killam has sent a letter to the Town of Derry, which describes the plan that is before the Atkinson Planning Board. Ms. Killam read the letter. Approval of this plan is conditioned on the response from Derry.

The Town Engineers letter was reviewed.

General Comments: 1) All required State project permits be received prior to or as a condition of approval - An updated NHDOT Driveway Permit, NHDES Construction Approval for the proposed on-site septic system and NHDES Water Supply Engineering Bureau approval for the planned non-community public water supply well. The applicant has received NHDOT approval for the use of their existing site access drive in Derry to serve this project. 2) This application will require approval from the Derry Planning Board.

Zoning Matters: Based upon receipt of the use variance cited in Note No. 7 on Sheet 3, this proposal complies with all applicable requirements of the Zoning Ordinance as presented.

Planning/Design Matters: 1) Although the project plans demonstrate this proposal fully complies with applicable buffering and screening requirements contained in Section 645:1(b), it is recommended that these requirements be indicated on Sheet 3 so as to indicate to the owner and contractor that these dimensions must be preserved. 2) Sheet 5 now specifies site lighting fixtures to be installed on site. If the owner plans on installing any building mounted exterior site lighting fixtures, it is recommended these also be specified on this sheet. 3) It is recommended that Sheets 6 & 7 be stamped by the Licensed Septic System Designer.

The hearing was opened to the public with no comments noted.

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

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

The abutter's list was read. Present: Verizon/N.E. Telephone Company, Melinda Murphy.

Ms. Killam read the minutes from the last Zoning Board Meeting. The Board needed to determine if this business has standing as a non-conforming use. They were before the Zoning Board with a request for a Special Exception for the expansion of a non-conforming use. The Zoning Board determined that the building was there in the 1973/1974 time frame but needed further proof that it predated zoning. The applicant would need to show that they were a non-conforming use and would then have to apply for a Special Exception to expand that use.

The amendments to the zoning will be researched in order to determine when the amendments were enacted. The applicant must prove that the building has remained in its current use for more than 20 years. Section 700:1(f) Non-Conforming Uses was read. Ms. Killam stated that this regulation does not pertain to this plan. Ms. Killam stated that it must be determined if the Board can take this plan under jurisdiction. Mr. Keach felt that the Board can take this under jurisdiction but no further action can be taken. The applicant can then apply for a Special Exception under Section 700:1. Mr. Keach reviewed this application and concluded that 700:1(a) was what pertained to this plan. Until the Special Exception is granted, the Planning Board is not able to take any action.

The applicant asked if the Planning Board would grant a conditional approval and this was denied because zoning takes precedence over planning.

The applicant stated that they are very close to completing the work on this site. The Board reviewed the project plans and the applicant explained the work they will be doing on the roof. The applicant was advised to continue the research to clarify any outstanding issues. The landscape design was discussed and reviewed and the applicant agreed to complete the landscaping according to the previously approved design.

Mr. Keach noted that Section 675:1(b) requires a screen width of not less than 15' from the sideline. The applicant noted that this is a passenger parking space and it is an unmanned telecommunication center. Mr. Keach suggested a location on the site where two spaces could work.

The hearing was opened to the public.

Melinda Murphy stated that she has had conversations with all involved and it has been explained to her that the building would look as much like a residence as possible. She added that everyone has been very cooperative and she was comfortable with the situation.

An abutter for the Brookstone Park Group Day Care Center arrived late and expressed a concern with the lighting on this site. There are approximately 18 to 20 bright lights on the Waters Edge side. Ms. Killam asked Mr. Keach to contact the engineer to see if the lighting could be buffered. Mr. Keach explained that the fixtures that are being used are not shielded. He will ask the engineer to add shields to the fixtures. Mr. Keach suggested that the fixtures could possibly be relocated or variable wattage could be used.

The meeting was adjourned at 10:47 P.M.

Next scheduled Planning Board meeting - April 7, 2004.

APPROVED_________________________Respectfully submitted,

Carol Kater