ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Public Hearing/Workshop Meeting

Wednesday, June 16, 2004

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman (7:46); Chuck Earley; Michael Fletcher; Harold Morse (8:15); Nicole Cheney (7:45)

Alternates: Ted Stewart (7:48); Donna Sullivan; Tim Dziechowski; John Miller (7:40)

Ms. Killam called the meeting to order at 7:38 P.M.

APPROVAL OF MINUTES - 5/19/04

Continued to the next meeting.

Discussion - Yves Boucher, Atkinson Auto Body proposed Auto Sales at 9 KipCam Road, Map 20, Lot 11.

Yves Boucher has applied to the state for a license to sell used cars on this property and is before the Board to discuss this. At the last meeting it was the consensus of the Board that this would be a change in use and would require a site plan. A letter has been received from the owner of the property stating that they had no objections to this use. If the Board determines that a site plan is needed, Mr. Boucher would be responsible for the cost.

Mr. Boucher referred to the last site plan and noted that the parking at the front of the building was left open for the possibility of selling a few cars. Ms. Killam informed Mr. Boucher of the Board's feeling that when the public is brought to the property it is enough of a change of use that a revised site plan would be needed. Areas of concern would be parking, hours of operation, dust control, paving and that the overall use of the whole area needs to be understood because there are four companies in the building. Ms. Killam added that there is intensive use at the building. Mr. Boucher was under the impression that this had already been a part of the previous plan and recalled that paving was to be done when he moved in.

The letter from the Kalil's was read which informed Mr. Boucher that a site plan review would be needed for this change of use and to contact the Planning Board. Mr. Earley suggested a site walk be scheduled. Mr. DiMaggio felt that the site is not in compliance. Ms. Cheney explained that when the original site plan was before the Board additional parking spaces were added and those spaces were not added. It is not an individual tenant it is the whole building.

A site walk was scheduled for June 17, 2004 at 5:00 P.M.

Ms. Killam will bring a copy of the previous site plan.

The discussion was closed at 8:13 P.M.

The Public Hearing was opened at 8:15 P.M.

PUBLIC HEARINGS:

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 6/16/04.

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

The Restrictive Documents/Homeowner's Documents have been received.

Ms. Killam had a few questions that were addressed. Sec. 14, Building and Site Maintenance was read and discussed. The documents will be sent to Town Counsel. Also received is the Shared Driveway Expense Agreement, Access Easement Agreement that will allow citizens of Atkinson access to cross through the development's open space to access the town land to the north of the project. The town will be responsible for the maintenance of the public access area as needed. Conservation Easement Deed was received, a Metes and Bounds Legal description is in process and a sample deed was received.

A fax was received in response to the Town Engineer's last review letter, a copy of a letter from the state issuing a Wetland's Crossing Permit and a copy of a bond estimate at $318,656.99 which must be reviewed by Mr. Keach.

In response to the remaining issues in the Town Engineer's last review letter, Wetlands Permit and State Subdivision Approval permit has been received. Chris Williams from the DES asked for the culvert to be realigned, increase the diameter of the pipe and increase the size of the headwalls and this has been done. The state permits are referenced on the cover sheet. Plans are stamped by all those required. Sheet C3 & 4 updated with street numbers and shared documents.

Ms. Killam stated that she spoke to Mr. Keach and that he did not have an updated set of plans. He does have the updated changes to the wetland crossing. Mr. Keach felt that all major issues have been addressed. In response to a question by Mr. Dziechowski, the pipe used in the wetland crossing has a 100 year life expectancy. A backup can be provided. Mr. Stewart talked about the expense involved and added that he was satisfied with this. Mr. Dziechowski noted a concern with salt runoff into the brook and the way this issue was addressed was discussed.

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

All regular members voting.

Mr. Earley made a motion to approve the plan Engineering Alliance, Inc. for Heyland Development, LLC and owner John Lathrop III - for a proposed 6 lot Rural Residential Cluster (Little River Lane) on 15.6 acres located on 33 Maple Ave., Map 9, Lot 33, RR2 Zone with the following conditions:

1) Appropriate bonding, 2) subject to Steve Keach's satisfactory review of the final plan and bond estimate, 3) payment of all fees to the town, 4) final review of all Legal Documents by Town Counsel.

Mr. Morse seconded the motion. Motion approved - 5 in favor - 1 opposed -Mr. DiMaggio.

The hearing was closed at 8:40 P.M.

The next discussion was opened at 8:42 P.M.

Mr. Morse stepped off the Board.

Discussion - Peter Lewis, Atkinson Golf Course proposed multi-family building.

Peter Lewis and Attorney Bob Levine presented this preliminary discussion. Mr. Lewis reported that this might be going to the voters to allow for a zone with a 400' setback from the property line within the golf course district. He presented a multi-family, four story building. There are three stories from the front and an additional penthouse floor in the rear. There are 32 parking spaces in the basement plus storage with an automatic door. There will be an elevator. The size is approximately 200' by 8'. Thirty two units are proposed per building, the building is steel and concrete. They are asking for a height of 55' and a specific amount of density per acre. Mr. Lewis stated that they will be going by the National Fire Codes and the buildings will be sprinkled. Approximately 9 to 10 buildings are proposed. Individual units will be proposed in the future. This building will be in the center of the development and will be away from neighbors and the golf course. Mr. Lewis would like to cluster the larger buildings and avoid putting houses around the golf course. Each unit will have 2 bedrooms and will be 55 or older age restrictive.

Attorney Levine distributed a draft of a proposed zoning amendment to address the number of units in the building and the height restriction. It was noted that this is a conceptual hearing. Ms. Killam felt that you do not legislate 'spot zoning' and asked how this is not 'spot zoning'. This is a sports complex overlay district, which allows the person to avail themselves of some of the uses that are present there. Mr. Lewis stated that he is not restricting this.

Zoning issues are the height of the building, amount of units per building and the density. Mr. DiMaggio agreed that this was 'spot zoning' but felt that it could be worked out. Ms. Killam felt that this would have to be investigated and discussed with town counsel. Mr. Lewis stated that he hopes to get the Board on board at some point between now and December. Discussion continued on proposed density numbers and the use of open space.

Section 620 - Overlay District was referenced. Ms. Killam suggested the Board do some research and reading to prepare and to talk to Rockingham Planning Commission.

The discussion was closed at 9:05 P.M.

Mr. Morse returned to the Board.

Discussion - Continued from May 5, 2004

Proposed Wetland Zoning Article

Mr. Kukshtel presented a copy of the revised Proposed Wetlands Zoning Article and went over the changes that were made in the document. Section 300: Definitions were discussed. Mr. Kukshtel added the following to the definition of 'Wetlands' - 'conditions resulting from the following are specifically exempt from this ordinance: constructed drainage structures including, but not limited to: swales, ditches and basins; actively maintained agricultural/irrigation ponds; septage lagoons. Where the water has been raised artificially: ie from beavers, you have to see if wetland vegetation has actually taken hold there. The measuring of the boundary of surface waters is the main high water level. This is the average of the high water level over a period of at least 19 years. He added intermittent streams because they do have wetland soils. Other sections of the document remain the same.

Mr. Kukshtel felt that there is a good balance here where some areas are more permissive and more restrictive in the areas that don't matter as much.

Mr. Miller left the meeting at 9:20 P.M.

Discussion began with an issue the Board had problems with previously, 'reasonable recreational uses'. Mr. DiMaggio was happy pleased the no-cut section was deleted. He was still not happy with the document but felt some positive changes had been made. Mr. DiMaggio felt that the voters should have the opportunity to have their say. Discussion continued on 'vernal pools' and how code enforcement would protect them. Mr. Kukshtel was asked how vernal pools could be identified. He noted that there are very few authentic vernal pools in Atkinson. Ms. Cheney noted that prime wetlands are connected but vernal pools are small and are not connected which makes them harder to locate. Vernal pools do not support fish because they would eat the other living creatures in the pool.

ATKINSON PLANNING BOARD

Atkinson, New Hampshire

Public Hearing/Workshop Meeting

Wednesday, June 16, 2004

Present: Susan Killam, Chairman; Paul DiMaggio, Vice-Chairman (7:46); Chuck Earley; Michael Fletcher; Harold Morse (8:15); Nicole Cheney (7:45)

Alternates: Ted Stewart (7:48); Donna Sullivan; Tim Dziechowski; John Miller (7:40)