The Board discusses an article on local government land use and the Planning Board’s input. Sue Killam suggests the Board discuss this issue at a workshop meeting.

Proposed Amendments to the Building Code to adopt the latest available revision (2007 Edition) to previously approved National Fire Protection Codes:

Chuck Earley presents to the Board that the Town has owned all the codes and has now taken NFPA 560 and 1600 as the most recent additions. The remaining codes are all existing ordinances and have been updated.

Chuck Earley speaks to the Board regarding his participation as a member of the Planning Board. Mr. Early has given a list to Bill Rollins regarding certain areas he has looked at as a Planning Board member, and he asks the Board to continue to pay attention to certain areas with regard to the Fire Department. It was mentioned that Mr. Earley’s attendance records was not good, and Mr. Earley would like the record to show that during the months of January through March, he missed six scheduled meetings but has attended every other meeting. Paul DiMaggio thanks Mr. Earley for all of his past service.

Lewis Builders Development, Inc. continued review of application for formal consideration and approval of a proposed 12,000 sq. ft. golf teaching facility building to be located at the far end of the driving range at the Atkinson Country Club Resort, Clubhouse Drive, Map 1, Lot 12, RR2/SCR Zone. Taken under jurisdiction 4/16/07.

Joshua Mannion and Bob Levine are in attendance on behalf of Lewis Builders. Eric Steltzer and Bill Rollins are in attendance on behalf of the Town.

Sue Killam reads the abutters list. Mr. Mannion hands out copies of the site plan for the Planning Board’s review.

Eric Steltzer presents to the Board his memorandum regarding the golf teaching facility.

Paul DiMaggio questions the pedestrian traffic if the upper driving range is discontinued. Would there be a need for some sort of shuttle service, and can the driving range be discontinued without input from the Town which could cause a potential pedestrian problem? Mr. Lewis assures the Board that he has no intention of closing the upper driving range. There are two concerns: (1) the driving ranges crossing over one another; and (2) one of the driving ranges being discontinued. The new facility will only be used as a teaching facility and not a public driving range. The other range is for public use for warm-up and practice. Golf pros at the club gave their input on the design of the new facility. Golfers do not leave the hitting box. There are nets on both sides to prevent golf balls from hitting the abutters. Mr. DiMaggio is concerned that a change may occur to the upper driving boxes and suggests a note be put in the site plan that if a change is made to the area, Peter Lewis should discuss the site plan change with the Planning Board to address pedestrian traffic to the new driving range.

Joshua Mannion discusses the flood lights and the light spread. The light from the north side (closest to the residential abutters) is 120-130 ft off the property line and then 100 ft of trees between the houses. The lights are not intended to illuminate the entire range. Jack Sapia questions the foot candle definition and does snow/fog magnify the light. The light has a shield so the illumination is not shining up, but the light is directed downwards. Bill Rollins and Eric Steltzer define the foot candle as 80 ft to the end of the box. Paul DiMaggio estimates about 55 ft with 350 watt bulb. A 1 ft candle at the property line is acceptable in other towns. There are three proposed lights with the times of the lighting listed in Note 20. Mr. Lewis informs the Board the lighting is more to light the walkway and for security. The lights will not reach to where the nets are placed. The note in the site plan states that the lights will be turned off by 9:30 p.m. Mr. Lewis would like the light left on as "night lights." The lights presented are not the concern the original flood lights presented. Tim Dziechowski asks if the lights can be motion detected, but he is informed that these types of lights do not work like that. The lights remaining on will not affect the abutting neighbors. Mr. Lewis agrees to leave the note as written.

Bill Rollins presents to the Board his comments that have been addressed by the new set of plans.

The Fire Chief is concerned with the radius which is a 50-ft radius. Mr. Rollins will check, but he believes this is adequate. Ted Stewart is concerned because the street radius is 70 ft, but he will take Mr. Rollins’ word that 50 ft is adequate. Mr. Rollins will check against the template to see if 50 ft is adequate. A pressured hydrant will be placed on the property, but it is not shown on the site plan yet. Sue Killam says it needs to be on the plan at least with an approximate location. Paul DiMaggio questions Note 20 and the hours of operation and the possibility of remaining in operation beyond 9:00 p.m. Sheet 6 shows that Note 4 is the hours of the lights. The footnote should have the hours of operation which would be 7 days a week, 6 a.m. to 1 a.m., and the lights will be in operation during those stated hours. Sue Killam suggests a motion sensor light separate from the three proposed lights. Mr. Lewis says that as long as it does not disturb his neighbors, he can have whatever lights he wishes. Mr. Lewis’ concern is light safety and security, and perhaps he could leave one light on for illumination. The light fixture should be part of the site plan as suggested by Sue Killam. Joe Guischard feels more comfortable with the foot candles. A footnote will be added to Sheet 4 indicating the hours of operation as 6 a.m. to 1 a.m. The lighting spec as shown on Sheet 6 will remain. Paul DiMaggio discusses the parking, and he has no problem with the spaces and approves the layout with regard to the loading area. The on-site septic system has been approved. The Board still needs a copy of the approval, but the number is on the site plan. There is a waiver on Sheet 4 waiving the green space in the parking area, but it needs to be a written request.

Southern NH Commons, LLC request for formal consideration and approval of a proposed 2 lot commercial subdivision of 8.636A property located at 130 Route 111, Map 21, Lot 4, CI Zone.

Harold Morse returns to the Board. Sue Killam reads the abutters list. Eric Steltzer presents to the Board that he did not feel this site plan needed an engineer review unless concerns arose.

There is a variance on lot 4 allowing storage, and breaking off a corner of the land has no effect on the use or on the variance. The ZBA Chairman is comfortable with this as well.

Tim Dziechowski states his concern about the loam pile that is to be removed. He is informed that the loam pile has been removed. The note should be taken off the site plan to reflect that change. The entire parcel is approved as it stands and can now be subdivided. Tim Dziechowski states that there should be a utility line on the lot. The empty conduit is on the property and there are no utilities on the lot. Tim Dziechowski questions that the lot is being subdivided and creating a new lot. The permit was granted for the conduit, and the Board cannot put conditions on the it. The conduit crosses into the wetlands and the State was involved with the approval.

Harold Morse made a motion to approve the subdivision with Eric Steltzer’s comments noting the proposed lot lines and the change to show the removal of the loam pile. Joe Guischard seconded. The Board discussed that the site plan needs to be amended to show two lots. The sheet is recorded at the Registry which refers to the two lots. There is a continuum of documents to show the sequence. The driveway should be used and not accessed through the other parcel. The wetland cannot be crossed and the property shall be accessed through the driveway. An audience member comments on the driveway access and the location having a negative impact on the traffic flow. The Board has no jurisdiction where the State grants a driveway permit. He is concerned with the usage and traffic flow. Motion approved unanimously.

NEW BUSINESS: The Board again discusses the article on governmental uses and how zoning applies. Sue Killam reads part of the article to the Board. Should the Board be asking the Library and the school to come before the Planning Board to review their plans? The Planning Board should be given the plans, specs, etc. The Planning Board should be asking other governmental agencies to present their plans before the Planning Board for the Board’s review and comments, but not for their approval.

OLD BUSINESS: The Sawyer Avenue property will be conservation and not recreation. Conservation could allow recreation, but they have decided they want the property strictly for conservation. There is too much wet area and would be too expensive to develop.

Harold Morse, Mike Fletcher, Sue Killam and Code Enforcement met with Town Counsel regarding the unfinished commercial sites. Sue Killam drafted letters to the owners requesting them to appear before the Planning Board to discuss the issues with respect to their property. If an owner is refusing to finish the site work, should the Board ask the Board of Selectmen to withhold Certificate of Occupancies until the site plan is completed? Should the Certificate of Occupancy be issued before the site work is completed? Harold Morse sees no problem with suggesting the site work be completed. The Board agrees to let the Board of Selectmen know that they should not issue Certificate of Occupancies until all site work has been completed. The Board would like to speak to the owners and find out their intentions. Sue Killam will send out the letters. Sue Killam asks the Board if anyone has had contact with the school regarding the kindergarten rooms being constructed. She feels someone should come in and make a presentation to the Board.

The Board discusses the scenic bypass project. The Board of Selectmen must hold a public hearing to accept.

Ted Stewart wishes to speak to the Board regarding the Board appointments. Mike Fletcher and Paul DiMaggio feel the matter should be discussed in nonpublic session. Sue Killam disagrees and offers to steps down as chair with Paul DiMaggio declining and Sue Killam continuing as chair.

Eric Steltzer reads RSA 91-A:3(2) which discusses the reasons for a nonpublic session. Paul DiMaggio feels the subject fits under RSA 91-A:3(2)(c) and feels the subject is controversial. Harold Morse feels that just because it is controversial, it is not a reason to go into nonpublic session. Sue Killam feels there is nothing in Ted Stewart’s request to justify it going into nonpublic session.

Ted Stewart discusses the issue of the Board of Selectmen taking action to redirect how the Planning Board moves forward with reappointments or taking away appointments. Mr. Stewart feels the Planning Board should go in as a group before the Board of Selectmen on the issue that they are being mistreated and do not want to be treated this way. If the Planning Board is not happy with a decision of the Board of Selectmen, the Board should go before the Board of Selectmen with their dissatisfaction. Paul DiMaggio and Mike Fletcher believe it is not their place as Planning Board members to tell the Board of Selectmen how they should make their decisions. Mike Fletcher leaves the meeting. Harold Morse relays his feeling about Chuck Earley and his disappointment with the decision. Joe Guischard feels that a member being relieved of their position will make the residents think twice about joining the boards. Sue Killam says that no matter what decision the Board of Selectmen make, it is the Board of Selectmen’s decision and unless asked, the Planning Board’s opinion is not part of the decision. Ted Stewart feels it should have been a courtesy to ask the Planning Board’s input. Jack Sapia said the Board of Selectmen’s decision was based on what he thought was the best interest of the community. The Planning Board may not agree with his decision, but it was a tough decision and he felt it was time to move ahead. Ted Stewart said that in the future, the Planning Board should write a letter requesting to give their opinion and input. The Board should be proactive as to the applications for the Planning Board.

Harold Morse made a motion to adjourn. Joe Guischard seconded the motion. Motion approved unanimously.

The meeting was closed at 10:40 PM.

APPROVED________________________

Respectfully submitted,

Raelene McBride