Ms. Killam called the meeting to order at 7:45 P.M.

The Public Hearing was opened at 8:07 P.M.

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

The Board received a copy of a letter from the DES. A sketch of the revised crossing was presented. Since the last meeting the only engineering issue remaining is this crossing. The developer has been in contact with DES several times over the last 30 days to try to come up with a system that will work for them. At the last meeting they had 85' of 60" reinforced concrete pipe. Presently they have 65' of 8I" wide - 59" high pipe arch structure. By pulling the pipe in and increasing the size of the head wall from 8' to 12' they have been able to reduce the impact to the wetland from about 6300 sq. ft. to about 4600 sq. ft. Also reduced is the amount of stream bed and stream bank from about 180' to about 88'. This will be a stream bottom restoration. The design detail is in process revising the hydraulic calculations and resubmitting it. It is hoped that state permits will be received in a couple of weeks. The legal documents are completed and will be submitted by next week.

The Fire Department has given one lot, two options for the house number, (13 & 15). The engineer asked how this should be noted on the final submission. He was told to pick a number. The engineer asked if it would be possible to obtain a conditional approval at this time and the Board unanimously denied the request.

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

There will be no further abutter notification.

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

New alternate board member John Miller was introduced and joined the Board at this time.

The next hearing was opened at 8:23 P.M.

Mr. Earley stepped off the Board.

NFPA 53 Materials, Equipment and Systems used in Oxygen-Enriched Atmospheres

NFPA 58 Liquefied Petroleum Gas Code

NFPA 59 Utility LP-Gas Plant Code

NFPA 70E Electrical Safety in the Workplace

NFPA 82 Incinerators Waste and Linen Handling Systems and Equipment

NFPA 85 Boiler and Combustion Systems Hazards Code

NFPA 101A Alternative Approaches to Life Safety

NFPA 497 Classification of Flammable Liquids, Gases or Vapors and of Hazardous (classified) locations for Electrical Installations in Chemical Process Areas.

NFPA 499 Classification of Combustible Dusts and of Hazardous (classified) locations for Electrical Installations in Chemical Process Areas.

NFPA 1600 Disaster/Emergency Management and Business Continuity Programs.

NFPA 2001 Clean Agent Fire Extinguishing Systems

Mr. Earley handed out some background information on each of the codes for

review. There were no important notations. Ms. Killam read the list of

previously adopted codes.

Mr. Stewart made a motion to amend the previously adopted NFPA Codes

as read. Mr. DiMaggio seconded the motion. Motion approved

unanimously. All regular members and one alternate voted.

The hearing was closed at 8:30 P.M.

Mr. Earley returned to the Board.

Discussion - Kalil Building (Theresa Kalil)- Auto Body Repair Garage, 9 Kipcam Road, Map 20, Lot 11.

 

This plan was approved on October 15, 2003 as an Auto Body Repair Garage.

The tenant has recently applied to the State for a license to sell used cars which

is permitted in this zone. Ms. Killam is asking the Board to review this to see if the tenant should come before the Board with a site plan as a change of use. Mr. Earley felt that the Board should view the site to make that determination. The issue of the parking spaces and the number of cars permitted at the site were discussed. Mr. Earley stated that there are not many parking spaces at the site and, because there are four tenants in the building, there are a lot of vehicles parked there. Mr. Earley was not against having a sales area there but felt the number of vehicles and their location should be limited. Mr. Earley stated that this is a sprinkled building.

Ms. Killam noted that the plan was approved to do body work and to park a few cars there. The concern at that time was the parking and the fire lane. According to the minutes of October 15, 2003 the number of cars parked at the site would not exceed 10 and the owner will adhere to all guidelines of chemical usage, storage and disposal set forth by the Town of Atkinson and will obtain all licenses and registrations as required. The minutes also state that some new pavement may be added, the existing pavement is the original paving. The building would be used to repair six waste trucks with 'roll offs' on top. The trucks are not allowed inside for repair with the tops on and the tops are not to be left in the yard, which means that the trucks should not be brought to the site with the tops on. The tenant was in agreement at that time.

Mr. DiMaggio noted that the pavement at the site is in deplorable condition and, with a building that has that intense of a use, some paving should be done. Ms. Killam noted that this particular change of use invites the public to the site, which involves public safety and traffic flow issues. Ms. Killam read the letter from the State to Code Enforcement notifying them of the application for a State Inspection Station or a dealer license. No approval can be granted by the State until the Zoning Board of Adjustment investigates this and gives their approval in writing.

It was the determination of the Board that this would be a change in use and the tenant will need to come in with a site plan to see if the change of use meets zoning requirements. A letter stating this will be sent. Board members will visit the site.

The discussion was closed at 8:45 P.M.

This plan was conditionally approved on April 21, 2004. Ms. Killam asked for an update of the conditions needed for final approval. The state permits have not been received. Mr. Keach reported that most of the changes needed on the drawing of the plan have been made. The other items left are bonding and permits.

The next two discussions were opened at 8:55 P.M.

1. Proposed Wetland Zoning Article

Mr. Kukshtel was not able to attend. He is working on some new ideas and will e-mail an updated version of what was discussed at the last meeting. This discussion will be on the agenda for the next meeting on June 16, 2004.

 

At the last meeting Ms. Killam reported that the amendments made at the April 7,

2004 Workshop Meeting had already been made several years ago and that

no action would be needed. Ms. Killam now reports that one amendment was

needed.

Section VI - Decisions

Change ninety (90) days to (65) days to stay current with State Law.

Change Roman numeral VI to Roman numeral VII.

Mr. Earley made a motion to amend the Planning Board Rules of Procedure as amended above. Ms. Cheney seconded the motion. Motion approved unanimously. All regular members voting.

The Board reviewed the procedures and made some changes to the first and second paragraph. Discussion followed on whether the Selectmen or the Planning Board is responsible for setting the bond amount.

Mr. Keach stated that, by statute, the Planning Board sets the amount of the bond. Section 674:36 II was referenced. The regulation was read. Mr. Keach stated that, while the selectmen can hold the bond, the Planning Board has the ultimate authority to determine the amount and when it is released. Mr. Keach stated that he was surprised when he came to this town that the procedure is to recommend the bond amount to the Planning Board and the Planning Board recommends the amount to the Selectmen and they approve it. It should be that the Town Engineer recommends to the Planning Board, the Planning Board approves or denies and then the bond is forwarded to the selectmen's office to carry it out.

After a lengthy discussion and an attempt to amend this document further it was Ms. Killam's opinion that the author of this document did not reference Section 674:36 II. She felt that trying to amend this document would be too large a task at this time. Mr. Keach stated that he had written a document that was approved by Town Counsel that was never used. He reviewed a packet that is given to developers for them to fill out. Mr. Keach felt these procedures should conform to the regulations.

Mr. DiMaggio did not feel comfortable with the Planning Board dealing with money issues and suggested that the two documents be turned over to the Rockingham Planning Commission for their suggestions. The Board agreed.

Discussion continued from Performance Bond Procedures to Carriage Chase and the Granite Ridge Road Bond. Mr. Stewart felt that the bond amount at Carriage Chase should be increased. He stated that they have never increased the amount of a bond after it had been written and he was not sure of the mechanism in place to do this. The developer should complete his work or the bond should be called.

Regarding Granite Ridge Road, Mr. Stewart was not sure if a second bond is in place or not. He would like to recommend that roadwork be completed this year and asked, if Mr. Lemery is not in business, who is responsible. Mr. DiMaggio stated that this is a legal and accounting issue and the Board does not have enough information on how to do this. Mr. Keach stated that a bond secures the approval of a plan until the work is completed in its totality. The person that is seized of this property has an obligation, as a condition of approval, to provide for this surety. Mr. Keach stated that there is a punch list not completed on Granite Ridge Road that has been out there for too long. Mr. Stewart stated that there is no instrument in place that gives us the right to call a bond unless we are expecting the project to go bankrupt, which is the case now.

Mr. Keach suggested that a letter be sent to the bondholder saying that this work be completed in 15 days or the bond will be called. It was suggested that the road agent take this up with the selectmen to legally get this taken care of.

Ms. Killam asked about the erosion control requirements, which should continue to be bonded within the condominium portion of the Cogswell Farm even though the bond is pulled. Mr. Keach stated that you attempt to grab that portion of the surety that is apportioned for this road.

Mr. Stewart asked the Board to support him in recommending to the selectmen to send a letter to Lemery, LLC to see if Granite Ridge Road can be completed within 15 working days before the bond is pulled.

Discussion: Mr. Fletcher did not feel it was up to the Planning Board to pull a bond. It should be the road agent and the selectmen. Mr. Stewart stated that he would appreciate any help he could get. Mr. Morse stated that the Planning Board is the keeper of the bond. Mr. Fletcher remembered a meeting with Town Counsel when Attorney Kalman stated that it is almost impossible to get money from an insurance company for a bond. Mr. Stewart stated that we go through this exercise as a Planning Board because the rest of the development is not in compliance and we have the teeth to stop development.

Six regular members voted.

The minutes of May 5, 2004 were reviewed.

Next scheduled Planning Board meeting June 16, 2004.

The meeting was adjourned at 9:41 P.M.

APPROVED_____________________ Respectfully submitted,

Carol Kater