ATKINSON PLANNING BOARD

Atkinson, New Hampshire

 

Public Hearing Meeting

Wednesday, April 21, 2004

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman (7:45); Chuck Earley; Michael Fletcher (7:50); Harold Morse (7:43)

Alternates: Donna Sullivan; Ted Stewart (8:20)

Ex-Officio - Phil Consentino, Selectman

Town Engineer - Steven Keach (7:46)

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

CORRESPONDENCE

Incoming

Planning Board application for Tim Dziechowski.

Mr. Consentino made a motion to accept the application of Tim Dziechowski as an alternate member. Mr. Earley seconded motion. Motion approved unanimously.

Correspondence

Incoming

Haverhill Legal Notice for meeting of 4/27/04 re: Zoning Ordinance changes.

Selectmen Minutes dated 3/22, 3/29, 4/5/2004.

Vernal Pools Workshop notice for 5/1/04.

Rockingham Planning Commission dated 3/31/04 re: Membership dues.

Board of Adjustment dated 4/19/04 re: Wetland Variance approval, 7 Butler Road, Map 6, Lot 74.

Board of Adjustment minutes dated 4/14/04.

Conservation Commission letter dated 4/21/04 re: Jameson Ridge Subdivision review.

The Public Hearing was opened at 7:53 P.M.

PUBLIC HEARINGS: Continued from March 17, 2004

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 4/21/04.

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

The primary outstanding issue on this plan is a letter of approval from the Fire Department. A letter has been received and submitted for review. The letter was read and the Fire Department had no issues with this plan. All buildings will be sprinkled and the road name of Little River Road does not conflict with any other road names in Atkinson and is acceptable to the Fire Department.

Regarding the Town Engineer's Review Letter. the developer stated that the new information regarding the combined driveways on Lots 4,5, and 6 has been added to the plan.

Ms. Killam reported that the chairman of the Conservation Commission had received a letter from the DES regarding this subdivision. Ms. Killam noted that the Planning Board had not received a copy of this letter and requested that the developer forward a copy to the Planning Board. It was Ms. Killam's belief that the letter indicated that some major engineering changes might be needed.

Ms. Killam requested that the town engineer read the letter to see how much change will be required. The developer stated that he met with Christian Williams from the DES on site. The main issue is that there is approximately 100' of streambed alterations needed, which is calculated to be a major project. The state is requesting an arch system (6' high - app. 12' wide) instead of a 60' culvert. The developer has already forwarded some sketches to manufacturers that construct these arch spans. The road will not need to be realigned. The arch system will drop the project down to a minor project because there will be less impact on the streambed and the stream banks and will move them further away from the existing property lines. The developer did not see any substantial changes to this plan.

Ms. Killam stated that the Planning Board has to be careful that a conditional approval is not given if there is a substantial change involved. Mr. Keach reviewed the plans and demonstrated to the Board how the arch system will work. The DES is concerned that there could be increases in the velocity downstream, which could cause erosion. Mr. Keach indicated that there will be a substantial increase in the cost of the arch system as opposed to the culvert but noted there is no alternative. Mr. Keach agreed that this would not change the road alignment and would have no effect on the subdivision except for increasing the footprint of the fill area. The guardrail will have to be detailed differently as well. Mr. Keach gave the developer the name of a manufacturer that has a good product.

Mr. Keach noted that this would add approximately 60 to 90 days to the wetlands permitting process. The developer did discuss scheduling with the DES and felt that there could be a 30-day turnaround if everything is submitted within the next couple of weeks. Mr. Keach suggested CSI's product in Windham, NH because he is familiar with their work.

Mr. Keach advised the Board not to be concerned with a decision to hold up this plan because the design change will take a while to complete. The Town Engineer's letter was reviewed.

General Comments: 1) State Permits and Subdivision Approval. 2) Performance Bond.

Zoning Matters: Homeowner's Association Documents - which should include some language regarding the shared common drive. Mr. Killam asked that this also be included in the deed and requested a sample deed be submitted. This should be a note on the recorded plan.

Planning/Design Matters: These are minor issues. 3) Mr. Keach recommended that provisions be made in future deeds for continued maintenance of the common driveways.

The applicant requested that jurisdiction be extended for 60 days.

Seven members voted.

Mr. Earley made a motion to extend jurisdiction to June 16, 2004. Mr. DiMaggio seconded the motion. Motion approved unanimously.

Mr. Morse made a motion to continue this hearing to May 19, 2004. Mr. Earley seconded the motion. Motion approved unanimously.

There will be no further abutter notification.

The hearing was closed at 8:20 P.M.

The next hearing was opened at 8:21 P.M.

Sublime Civil Consultants, Inc. for Porter Holdings, Inc. Continued review of Application of a proposed 27 single family Cluster Subdivision (Jameson Ridge) on a 67.85 acre parcel owned by Robert & Richard Dickey and located off Main Street (Rte #121), Map 13, Lot 29, TC & RR2 Zone. Extended jurisdiction to 4/21/04.

The abutter's list was read. Present: Robert & Richard Dickey; Town of Atkinson, Joseph Cote, Timothy Dziechowski, Porter Holdings, Inc., Sublime Consultants, Inc.

There are a couple of outstanding issues with the project that were discussed at the last Planning Board Hearing and the Workshop Session. The applicant has met with the fire chief. The main issue is the method of fire protection, whether they would use sprinklers or hydrants and the fire access from the end of the cul de sac to Woodlawn Ave. Since the last public hearing they have agreed on a 12' wide access road and would prefer to have the buildings sprinkled as opposed to providing fire flows through hydrants and the plans will be revised to indicate this. The notes on the plan leave open the option for a waiver of that in lieu of the hydrants. Additional engineering detail has been added in response to the town engineers letter regarding the fire land design.

Mr. Keach's letter was reviewed.

General Comments: 1) State permits. 2) Performance bond.

Zoning Matters: 1)Homeowner's Association Documents. 2) Lots will be subject to impact fees.

Planning/Design Matters:

The first two are minor issues. 3) That all information regarding the water system is submitted to the board and the town engineer's office. If they do not go with hydrants a 6" line will not be needed. Mr. Keach would like the final plans to reflect the appropriate information. 4) The following is recommended - sheet S2 should include metes and bounds descriptions of the easement provided for this drive - a typical cross section of the drive should be added to the final plans - sheet C3 should be embellished to include finish grade contours for this construction - if this drive is to be privately maintained by the Homeowner's Association, such responsibility be defined and included in the final draft of the Homeowner's Association documents.

Fire Chief Murphy stated that he recommended the sprinklers. Should there be a change and they decide to use the hydrants it would be a minor change. If a waiver is needed it would be directly through the fire department. Ms. Killam was concerned that everything is documented appropriately so that the cost of changing the lines to accommodate hydrants would not fall on the town. Mr. DiMaggio asked about the water system and the layout was explained to him.

Ms. Killam noted that the plans should indicate, if the buildings are sprinkled it's one way if not it's another way. Ms. Killam read the note. It was decided that the words 'all the following' be inserted in the note.

Mr. Consentino asked how many trees would be cut down. All trees from the end of the existing pavement on Woodlawn Ave. to the stone wall must be removed. Fifteen trees were estimated. This will be considered an off site improvement. Ms. Killam asked what kind of gate would be used. It is shown as a breakaway gate. All stumps will be buried in the open space. Mr. Consentino asked about the height limit of 35' and how it is calculated. Mr. Earley explained this. Ms. Killam noted that on the plan it states that no building will be over 35', which might be an issue when the height is calculated because some parts of the building may exceed that height. The note will reference the currently adopted building code.

The hearing was open to abutters.

Mr. Cote asked if the access road would be paved, and it will be. He also requested testing results on the wells. He expressed concern when the water level in his well dropped during testing. Mr. Keach reassured him that the tests were within limits. Regarding the test results the applicant is submitting all the data to the state and when all the results and the final water design is in, copies will be sent to the abutters and to the Planning Board. It was noted that it is up to the state to determine if there will be any long-term impact on neighboring wells. If there were a problem it would lie with the state, not the town. Mr. DiMaggio asked if they could tie into the Walnut Ridge system if this system fails and this was discussed.

The hearing was closed to the public.

All members are voting except alternate member Donna Sullivan.

Mr. Consentino made a motion to approve the Application of a proposed 27 single family Cluster Subdivision (Jameson Ridge) on a 67.85 acre parcel owned by Robert & Richard Dickey and located off Main Street (Rte #121), Map 13, Lot 29, TC & RR2 Zone with the following conditions:

The receipt of all State Permits.

Appropriate bonding.

Note #8 on Page S3 add 'all in the criteria statement' and, when it comes to 35' (building height) reference the currently adopted building code.

Final copy of the Homeowner's Association Documents to include an easement on the fire access and maintenance of the roadway, which includes plowing and resurfacing as needed as well as maintenance of the fire gate.

A sample deed for the fire lane.

Copy of the water testing results package.

Update the metes and bounds - see #4, Page 2 in the Town Engineer's letter.

Mr. Morse seconded the motion.

Discussion: A question was raised on the lighting in the subdivision. There is a light at the intersection and there will be lighting in the subdivision, which will be the responsibility of the Homeowner's Association. A stop sign will be installed.

Mr. DiMaggio expressed concern with the amount of conditions listed in the motion. He had questions on the permanent maintenance of the access road and this was discussed. Mr. Keach felt that these questions would all be answered in the final draft of the Homeowner's Association. The developer assured the Board that the correct language would be included in the Homeowner's Association Documents. Discussion continued on the fire gate. This will also be the responsibility of the Homeowner's Association.

Mr. Fletcher questioned the language of agriculture in the open space. The developer reported that the Homeowner's Documents have been modified to coincide with what zoning requires. The definition of open space was read. Section 600:15 was read. Pg. 4 of the Conservation Easement was read. It was determined that this section should be adjusted so that it matches Section 600:15 because the definition of open space conflicts with Section 600:15.

Mr. Morse made a motion to amend the motion on the table to include the statement that the Homeowner's Documents be adjusted to match Section 600:15 of the Zoning Ordinance as a condition of approval. Mr. Earley seconded the motion. Motion approved unanimously.

Vote of the motion to approve this plan with the listed conditions: Motion approved - Mr. DiMaggio and Mr. Fletcher opposed.

The hearing was closed at 9:30 P.M.

Mr. Consentino left the meeting.

Ms. Killam called a five-minute recess.

The next hearing was opened at 9:39 P.M.

Bay State Design submission of an Application for Formal Consideration and Approval of a Site Plan for a 700+sq.ft. one story addition to the existing non conforming building owned by Verizon Communications on property located at 97 Main Street, Map 13, Lot 2, TC Zone.

The abutter's list was read. Present: Melinda Murphy

Ms. Killam reported on the result of the Zoning Board Meeting that found this to be a pre existing non-conforming use so that no variance is required. A Special Exception permit was granted to allow the expansion of the building on that site.

The applicant presented a set of revised elevation plans as well as requested photo simulations. The proposed addition expands the switch center's capacity for space for telephone switching equipment. The expansion is at the front corner of the building. The addition will be the full depth of the existing building. The roof pitch on the addition will be changed to create the small front porch area. They are moving the front entry from the right side of the building to the left side on the porch and the door will be replaced with a new window. The other two windows are the existing two windows at the front of the building. The siding will be cement board siding replacing the vinyl siding. The roof on the front will be a simulated slate roof. A gable roof will replace the existing shed roof. The roof is designed to keep snow from accumulating.

The landscaping is changing and the center island and sides will be addressed. The driveway is steep and will be cut down to make it more of a level grade. The final work to connect the new electrical service from the utility company was completed today and Verizon has an internal order in to remove the existing generator. Mr. Earley reminded the applicant to leave a key for the new door and he agreed. The false chimney hides the ductwork for the air conditioner. The new generator is screened with trees. Mr. Earley noted that some of the existing trees have not made it through the winter. The applicant stated that the contractor is coming back in to finish the landscaping and they will be replaced. The time line to be totally complete will be next spring.

All seven members present voted.

Mr. Earley made a motion to take this plan under jurisdiction. Mr. Morse seconded the motion. Motion approved unanimously.

 

 

The Town Engineer's letter was reviewed and Mr. Keach reported that all comments have been addressed.

The applicant presented a revised landscape plan for review. Ms. Killam reminded the applicant that this landscape plan should be part of the plan set. Mr. Earley asked about parking. This is an unmanned facility so parking is not needed. When the old generator is removed there will be one parking spot in that area.

The hearing was opened to abutters.

Melinda Murphy stated that she worked closely with the applicants and made suggestions. She found them to be very cooperative and very accommodating.

The hearing was closed to abutters.

In reply to a question from Mr. Earley it was reported that the windows in the building are real but you are not able to see through them. There is ceramic-coated glass on them and a wall on the inside. There are three exits in the building.

All members present voted.

Mr. Morse made a motion to approve the plan of Bay State Design for a 700 + sq.ft. one story addition to the existing non conforming building owned by Verizon Communications on property located at 97 Main Street, Map 13, Lot 2, TC Zone. Mr. Earley seconded the motion. Motion approved unanimously.

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

Meeting was adjourned at 10:01 P.M.

Next scheduled Planning Board meeting May 5, 2004.

APPROVED_______________________Respectfully submitted,

 

 

Carol Kater