ATKINSON PLANNING BOARD

Atkinson, New Hampshire

 

Workshop Meeting

Wednesday, May 3, 2006

Present: Susan Killam, Chairman; Charles Earley; Paul DiMaggio(7:50p.m.), Vice-Chairman; Mike Fletcher; Ted Stewart(7:55p.m.) ; Harold Morse(7:58p.m.)

Alternates: Donna Sullivan; Joseph Guischard; Tim Dziechowski (absent) ;

Ex-Officio: Selectman Jack Sapia (8:04p.m.)

Ms. Killam called the meeting to order at 7:42p.m. and reviewed the correspondence>

Correspondence

Incoming

a) An add was received regarding installing a box to collect clothing and a note to request permission from the Town as well as an appropriate place to locate it. It was noted that there is a similar one near Stillwell’s Icecream; and the dump might be a good area so as not to add a new dumping/accumulating junk area in town.

Rockingham Planning Commission dated 4/19/06 re: Planning Assistance Grant Funds.

SFC Engineering dated 4/19/06 re: Brooks Properties, Map 21, Lot 4 request to be place on 5/17 Agenda. Should be put on the agenda to be entertained .

City of Haverhill Legal Notice for meeting of 5/10/06.

Planning Board Budge printout dated 4/2006.

Selectmen Public Hearing Notice for Discretionary Preservation Easement re: Smith, Map 14, Lot 81. Will be 5/22-Richard & Norma.

Selectmen minutes dated 4/10 & 4/17/06.

e-mail dated 5/3/06 re: UNH Seminars in Soil Science, Engineering Management & Planning Training. May & June/there is a cost attached but there is budgeted funding available if members want to attend.

Outgoing

Mr. Paul Shea dated 4/20/06 re: Variance Approval, 5 Valcat Lane, Map 22, Lot 49.

Ms. Joanne Carbone dated 4/20/06 re: PB minutes.

Department Heads re: request for review of Gagnon Site Plan, Map 16, Lot 50.

Planning Board Legal Notice for Public Hearing dated 5/17/06.

CONTINUED CONVERSATION: Ms. Killam noted that a conversation had been initiated informally prior to the open meeting discussing Board appointments made by the Selectmen at this past Monday evening’s Selectmen’s meeting. She reported that what occurred was Mr. Stewart’s term was expiring and he was reappointed as a member for a 3 yr. Term; Mr. Morse’s term was up and he was appointed as an Alternate (rather than his current voting member position); Ms. Sullivan’s term was also up and she was reappointed an an Alternate; and in place of Mr. Morse, they appointed Mr. Guischard as a regular member instead of an alternate. Mr. Guischard is concerned about this. (Mr. Morse arrived).

Mr. Stewart asked if a letter had been sent from the Planning Board and it hadn’t. Mr. Stewart suggested polling the Board and appealing to the Selectmen on the decisions they made without the Planning Board’s input or taking the Board’s opinion into consideration.

Consensus:

Mr. Fletcher felt Mr. Guischard should sit where he is. Mr. Stewart noted that the Selectmen should be recognizing volunteer efforts; there is no way a member should be demoted. This is no way to reward volunteers. Mr. Morse was not aware of the happenings and recused himself of input. Ms. Sullivan wanted to appeal the decision. Mr. Guischard agreed as he felt the Board’s input should be considered. Mr. Earley pointed out that Mr. Morse brings a lot to the Board from the land aspect and from development. He has the history of the group as Mr. Stewart has the roads; these type of people bring a nice balance and it is good to have members who know what they are talking about.

Mr. Morse felt this kind of discussion should be televised as was the Selectmen’s meeting. The people need to know. Ms. Killam felt the cameras might inhibit the honesty needed in the discussion. Mr. DiMaggio noted that usually the Selectmen ask for the Board’s input; it was unusual that they did not this time but they had done it once before when they bypassed Mr. Stewart as an Alternate to a Regular member. Mr. DiMaggio continued in that the Selectmen are not doing the town any good in engendering volunteerism by doing what they did. They can’t take a person who has put in so much time and just throw him out. This type of decision is not unfounded given recent circumstances. Potentially is a reasonable decision, but done in a poor manner. They should have come to the Board for input. Mr. Morse came to this evening’s meeting unaware of the decision. (Mr. Sapia arrived.)

Mr. Dimaggio noted that it has happened to himself in the past; and now Ms. Sullivan who has seniority as an alternate was bypassed for Mr. Guischard. Something should be drafted to the Selectmen that the Planning Board has been disrespected by not asking for an opinion; and a certain long-term member has been insulted.

Selectmen Ex-Officio, Mr. Sapia asked Mr. Earley for his comments earlier; and Mr. Earley reiterated the Selectmen’s appointments were a bad move, all the Board are volunteers who spend a lot of time for the town, and Mr. Morse adds a lot of value to the Board regarding land. Mr. Sapia explained that at the Selectmen’s meeting no one knew the outcome of how the appointments would go until they voted (Making it impossible to notify the individuals in advance). Secondly he felt it was a misconception that one has a position on the Board; that is not so, people get appointed. Mr. Sapia continued that decisions made are not personal, nor with bias or with malice, and not political. He added that they try to make appointments to any board or committee so that the board should be neutral, unfettered and balanced. He felt he had made the best decision he could. People do not have a birth right to a position; he respected and appreciated the time and energy everyone involved has given but it doesn’t mean an automatic reappointment.

Mr. DiMaggio disagreed in that he didn’t feel an informed decision had been made, that is a decision made with input from the board. Ms. Killam summarized that the Board was expressing their views about the historical process and nature of volunteerism. She will prepare a statement of the Boards feelings and submit to the Selectmen.

Mr. Sapia concluded that he merely wanted an opportunity as well to show where he is coming from and where he will in the future. He takes the town residents input, his own observations, and those of informed involved residents and will take the boards’ recommendations.

8:10p.m. Ms. Killam opened the Workshop/Public Hearing meeting to the televised public. Full Board present. Voting Members: Mr. DiMaggio, Mr. Morse, Ms. Killam, Mr. Stewart, Mr. Fletcher, Mr. Earley, and Mr. Sapio, Ex-Officio.

PUBLIC HEARING:

Continued from April 19, 2006

Gilles Gagnon submission of an Application for Formal Consideration and Approval for a proposed Site Plan of a 16,800 sq. ft. (70’x240’) Industrial- 9 Unit Office & Warehouse Building for property located at 12 Industrial Way, Map 16, Lot 50, CI Zone.

Ms. Killam reported that a site walk had taken place on the Thursday after the last meeting.

Abutters list read: present Mr. Gilles Gagnon and Tim Lavelle.

Developer’s Statement of Intent (as requested from the last meeting) read. Usages will vary, hrs. of operation per zoning regs; activities include warehouse storage, delivery and pick up, construction offices, dispatch, equipment maintenance and storage (in and out). There is no intention to store anything at this time.

Letter from Atkinson Fire Dept. Chief Murphy reviewed the site plan and finds no issue regarding access to the building; but requests the front of the building on the parking lot side be maintained as a fire lane and proper signage be installed.

Letter from Atkinson Police Dept. Chief Consentino reviewed the site plan and finds it all in order.

Letter from KNA Associates (Town Engineer). Mr. Keach reviewed his comments as listed. He clarified that the language of Sect 560 "work on the development which if not properly controlled would have an adverse affect on the neighbors". As the property slopes north to south there is a finished site to the south with retaining walls on both ends of the site. There are examples of other sites on Industrial Way that have become long-term construction projects; so the small sum of money recommended and utilizing the provisions of Sect 560 will prevent this from becoming another long-term site.

Mr. Keach noted in the letter of intent, it indicates there may be exterior storage contemplated. If that be the case, its’ location ought to be shown especially after hearing Chief Murphy’s comments, so that it does not interfere with the fire lanes. On sheet 2, fire lanes along the north side of the building/loading area. Don’t want to have parked, permanently, construction vehicles in this area/fire lane. Exterior storage is permitted but Mr. Keach doesn’t see a particularly good spot on this site to do it. Mr. Lavelle explained that the reason outside storage was in the letter of intent was due to the fact there may be similar to what he has at his own business is overnight parking of company vehicles.

Mr. Fletcher asked if they could restrict what was put there for storage because these things tend to expand with various items as has occurred elsewhere in town?? Ms. Killam asked how the town regulates junk; and Mr. Keach pointed to Sect 510:1 of the Zoning Ordinances/Junk is not a permitted use in any district in town/junk is considered when there are more than one unregistered vehicle on the property. Definition of junk on pg. Z7 read. This issue is not so extreme, the intent is not junk but equipment set aside, away from the fire lane, or a regular parking spot, or blocking the circulation on site.

Mr. Stewart noted the curve at the back of the parking lot, prior to the retention area, seems like the only are of the site that is flat or relatively flat and accessible and outside parking and turning areas that might be used for storage-designate/recommend as a practical spot for outside storage ( questioning the vicinity of the well).

Mr. Lavelle noted the intent is not to have a great deal of outside storage; but Ms. Killam noted that the board is tainted by what it has seen elsewhere so the issue needs to be addressed. If it is just overnight parking, it should not be a problem. Mr. Lavelle agreed with Mr. Stewart’s suggestion, feeling there was enough space for snow and storage. Ms. Killam suggested adding a note to this effect on the plan.

Ms. Killam asked Mr. Gagnon if the piles had been moved out of the right of way; and he answered some, the intention is to remove all construction piles all together.

Mr. Earley summarized that there were 3 issues to address: outside storage, snow removal storage and the fire lane.

Mr. DiMaggio felt the area looked cramped for large tractor trailers to dock; and the answer is to rent units to small businesses not needing loading docks/using fork lifts. He also questioned meeting the requirements for adequate parking spaces. Discussion ensued regarding changes of uses, town controls, hours of operation, permitted uses; and Mr. Keach suggested using the Kalil property as an example to discuss. There are 4 units (tenants) with constant turn over. Every time someone new comes in they have to get a permit and this is when you subject the business to inspection , check to update the site plan and see if there is a safe traffic flow, and adequate parking for the new business etc.

Letter of intent was read one more time.

Mr. DiMaggio made a motion to approve the plan before the Board; Mr. Fletcher seconded with conditions: Mr. Earley added everything in Mr. Keach’s letter dated 5/3/06 and especially the $20,000 bond, performance guarantee for erosion control on the upper level plus designated outside storage area, snow removal area, fire lane. Mr. DiMaggio realized he needed to abstain from the vote because he was contemplating renting several of the units and thus he retracted his motion, Mr. Fletcher retracted his seconded; and the motion was withdrawn.

Mr. Earley moved to approve the Gilles Gagnon Application for a proposed Site Plan of a 16,800 sq. ft. (70’x240’) Industrial- 9 Unit Office & Warehouse Building for property located at 12 Industrial Way, Map 16, Lot 50, CI Zone with the following restrictions that all the comments in Mr. Keach’s letter dated 5/3/06 be accomplished plus designated outside storage, snow removal and designated fire lane be done; Mr. Stewart seconded; no further discussion; vote: unanimous.

Being 9:00p.m. Ms. Killam recommended postponing the minutes approval to the next meeting; agreed.

Other Business:

Ms. Killam reported at the Selectmen’s meeting of 5/1/06 two items brought forward by the Police Dept. (1) A noise ordinance which requires a public hearing to create an ordinance. She asked to take into consideration that we already have a noise ordinance in the commercial site plan regulations but it was her impression that she was not listened to or that her comments were not accepted, certainly not by Chief Consentino. There will be a public hearing. (2) The ongoing saga of the tower on High Hill. She suggested members reviewing the Selectmen’s minutes. Mr. Earley had conflicting thoughts from reports in the newspaper which are (1) tear it down, and (2) add on and are Town rules being met??

Mr. Sapia noted beside the quick fixes offered, there is a group of people meeting at the Police department to develop some alternatives and he has directed them to come up with the best 3-4 options and present to the Selectmen to present to the people. To date there are not plans.

Mr. Stewart asked to clarify that a letter was being sent to the Selectmen as discussed earlier; and asked are we going to give them a recommendation to move the slate as proposed or tell them the way we want the Board to go? Mr. Earley felt the letter should be sent and it should state that the Board wants it to stay the way it is.

Mr. DiMaggio recommended that those who feel strongly about this should think seriously about resigning. There was further discussion about the Town Administrator’s suggestion of going with a professional, but the Board already has Mr. Keach, why pay for another professional. Ms. Killam will draft a letter with the Board’s consensus, submit to all members for their review prior to sending to the Selectmen.

Mr. DiMaggio moved to adjourn the meeting at 9:15p.m.; Mr. Sapia seconded; vote unanimous.

APPROVED: _May 17, 2006_______

RESPECTFULLY SUBMITTED: Joanne Carbone____________

JOANNE CARBONE, RECORDING SECRETARY